Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1666
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 20.19,
    3         F.S.; requiring the Secretary of Children and Families
    4         to appoint an Assistant Secretary for Child Welfare;
    5         providing qualifications and responsibilities;
    6         revising duties, appointment, and membership of
    7         community alliances; requiring the Department of
    8         Children and Families to appoint a statewide advisory
    9         committee to provide specified assistance to community
   10         alliances; amending s. 39.001, F.S.; revising the
   11         purposes of ch. 39, F.S.; requiring the department to
   12         provide for certain services for medically complex
   13         children; amending s. 39.01, F.S.; providing,
   14         revising, and deleting definitions; amending s.
   15         39.013, F.S.; clarifying responsibilities of the
   16         department in dependency proceedings; amending s.
   17         39.201, F.S.; requiring alleged incidents of juvenile
   18         sexual abuse involving specified children to be
   19         reported to the department’s central abuse hotline;
   20         requiring the department to provide specified
   21         information on an investigation of child sexual abuse
   22         to the court; creating s. 39.2015, F.S.; requiring the
   23         department to conduct specified investigations using
   24         critical incident rapid response teams; providing
   25         requirements for such investigations and for team
   26         membership; authorizing team access to specified
   27         information; requiring the cooperation of specified
   28         agencies and organizations; providing for
   29         reimbursement of team members; requiring the team to
   30         provide an investigation report; requiring the
   31         secretary to develop guidelines for investigations and
   32         provide team member training; requiring the secretary
   33         to appoint an advisory committee; requiring the
   34         committee to submit a report to the secretary;
   35         requiring the secretary to submit such report to the
   36         Governor and the Legislature by a specified date;
   37         creating s. 39.2022, F.S.; providing legislative
   38         intent; requiring the department to publish specified
   39         information on its website regarding the death of a
   40         child reported to the central abuse hotline; amending
   41         s. 39.301, F.S.; authorizing the use of safety plans
   42         in child protection investigations in cases of present
   43         or impending danger; providing requirements for
   44         implementation of a safety plan; providing conditions
   45         for filing a petition for dependency; amending s.
   46         39.303, F.S.; requiring physician involvement when a
   47         child protection team evaluates a report of medical
   48         neglect of a medically complex child; creating s.
   49         39.3068, F.S.; providing requirements for
   50         investigating medical neglect; providing duties of the
   51         department; amending s. 39.307, F.S.; requiring the
   52         department to assist the family, child, and caregiver
   53         in receiving services upon a report alleging juvenile
   54         sexual abuse or inappropriate sexual behavior;
   55         requiring the department to maintain specified
   56         records; requiring child sexual abuse to be taken into
   57         account in placement consideration; requiring the
   58         department to monitor the occurrence of child sexual
   59         abuse and related services; amending s. 39.402, F.S.;
   60         requiring the department to make a reasonable effort
   61         to keep siblings together when they are placed in out
   62         of-home care under certain circumstances; providing
   63         for sibling visitation under certain conditions;
   64         amending s. 39.501, F.S.; requiring compliance with a
   65         safety plan to be considered when deciding a petition
   66         for dependency; amending s. 39.504, F.S.; authorizing
   67         the court to order a person to comply with a safety
   68         plan that is implemented in an injunction; amending s.
   69         39.5085, F.S.; revising legislative intent;
   70         authorizing placement of a child with a nonrelative
   71         caregiver and financial assistance for such
   72         nonrelative caregiver through the Relative Caregiver
   73         Program under certain circumstances; amending s.
   74         39.604, F.S.; requiring certain children to attend a
   75         licensed early education or child care program;
   76         requiring the inclusion of attendance at a licensed
   77         early education or child care program in a child’s
   78         safety plan; amending s. 39.701, F.S.; requiring the
   79         court to consider contact among siblings in judicial
   80         reviews; authorizing the court to remove specified
   81         disabilities of nonage at judicial reviews; amending
   82         s. 39.802, F.S.; removing department authorization to
   83         sign a petition for termination of parental rights;
   84         amending s. 63.212, F.S.; requiring a person who
   85         places an advertisement for adoption services to
   86         provide specified information; amending s. 383.402,
   87         F.S.; requiring review of all child deaths reported to
   88         the department’s central abuse hotline; revising the
   89         due date for a report; amending s. 402.40, F.S.;
   90         requiring a third-party credentialing entity to
   91         establish an advisory committee; authorizing the
   92         department to approve certification of
   93         specializations; creating s. 402.402, F.S.; defining
   94         terms; providing education and specialized training
   95         requirements for child protection and child welfare
   96         personnel; providing training requirements for
   97         department attorneys; creating s. 402.403, F.S.;
   98         establishing a tuition exemption program for child
   99         protective and child welfare personnel; providing
  100         eligibility requirements; creating s. 402.404, F.S.;
  101         establishing a student loan forgiveness program for
  102         child protective investigators and supervisors;
  103         providing eligibility requirements; authorizing
  104         community-based care lead agencies to provide student
  105         loan forgiveness to case managers employed by a
  106         community-based care lead agency or its subcontractor;
  107         amending s. 409.165, F.S.; enhancing provision of care
  108         to medically complex children; amending s. 409.967,
  109         F.S.; revising standards for Medicaid managed care
  110         plan accountability with respect to services for
  111         dependent children; amending s. 409.972, F.S.;
  112         exempting certain Medicaid recipients from mandatory
  113         enrollment in managed care plans; providing a
  114         directive to the Division of Law Revision and
  115         Information; creating part V of ch. 409, F.S.;
  116         creating s. 409.986, F.S.; providing legislative
  117         findings and intent; providing child protection and
  118         child welfare outcome goals; defining terms; creating
  119         s. 409.987, F.S.; providing for department procurement
  120         of community-based care lead agencies; providing
  121         requirements for contracting as a lead agency;
  122         creating s. 409.988, F.S.; providing duties of a
  123         community-based care lead agency; providing licensure
  124         requirements for a lead agency; specifying services
  125         provided by a lead agency; providing conditions for an
  126         agency or provider to act as a child’s guardian;
  127         creating s. 409.990, F.S.; providing general funding
  128         provisions for lead agencies; providing for a matching
  129         grant program and the maximum amount of funds that may
  130         be awarded; requiring the department to develop and
  131         implement a community-based care risk pool initiative;
  132         providing requirements for the risk pool;
  133         transferring, renumbering, and amending s. 409.16713,
  134         F.S.; transferring provisions relating to the
  135         allocation of funds for community-based lead care
  136         agencies; conforming a cross-reference; creating s.
  137         409.992, F.S.; providing requirements for community
  138         based care lead agency expenditures; creating s.
  139         409.993, F.S.; providing legislative findings;
  140         providing for lead agency and subcontractor liability;
  141         providing limitations on damages; transferring,
  142         renumbering, and amending s. 409.1675, F.S.;
  143         transferring provisions relating to receivership from
  144         community-based providers to lead agencies; conforming
  145         cross-references and terminology; creating s. 409.996,
  146         F.S.; providing duties of the department relating to
  147         community-based care and lead agencies; creating s.
  148         409.997, F.S.; providing outcome goals for the
  149         department and specified entities with respect to the
  150         delivery of child welfare services; requiring the
  151         department to maintain an accountability system;
  152         requiring the department to establish a technical
  153         advisory panel; requiring the department to make the
  154         results of the accountability system public; requiring
  155         a report to the Governor and the Legislature by a
  156         specified date; creating s. 409.998, F.S.; providing
  157         for assessment of community-based care by community
  158         alliances; creating s. 827.10, F.S.; providing
  159         definitions; establishing the criminal offense of
  160         unlawful desertion of a child; providing criminal
  161         penalties; providing exceptions; amending s. 985.04,
  162         F.S.; conforming terminology; creating s. 1004.615,
  163         F.S.; establishing the Florida Institute for Child
  164         Welfare; providing purpose, duties, and
  165         responsibilities of the institute; requiring the
  166         institute to contract and work with specified
  167         entities; providing for the administration of the
  168         institute; requiring reports to the Governor and the
  169         Legislature by specified dates; amending s. 1009.25,
  170         F.S.; exempting specified child protective
  171         investigators and child protective investigation
  172         supervisors from certain tuition and fee requirements;
  173         repealing s. 402.401, F.S., relating to child welfare
  174         worker student loan forgiveness; repealing s.
  175         409.1671, F.S., relating to outsourcing of foster care
  176         and related services; repealing s. 409.16715, F.S.,
  177         relating to certain therapy for foster children;
  178         repealing s. 409.16745, F.S., relating to the
  179         community partnership matching grant program;
  180         repealing s. 1004.61, F.S., relating to a partnership
  181         between the Department of Children and Families and
  182         state universities; amending ss. 39.201, 39.302,
  183         39.524, 316.613, 409.1676, 409.1677, 409.1678,
  184         409.906, 409.912, 409.91211, 420.628, and 960.065,
  185         F.S.; conforming cross-references; providing an
  186         effective date.
  188  Be It Enacted by the Legislature of the State of Florida:
  190         Section 1. Present subsections (3) through (5) of section
  191  20.19, Florida Statutes, are renumbered as subsections (4)
  192  through (6), respectively, subsection (2) and present subsection
  193  (4) are amended, and a new subsection (3) is added to that
  194  section, to read:
  195         20.19 Department of Children and Families.—There is created
  196  a Department of Children and Families.
  198         (a) The head of the department is the Secretary of Children
  199  and Families. The secretary is appointed by the Governor,
  200  subject to confirmation by the Senate. The secretary serves at
  201  the pleasure of the Governor.
  202         (b) The secretary shall appoint a deputy secretary who
  203  shall act in the absence of the secretary. The deputy secretary
  204  is directly responsible to the secretary, performs such duties
  205  as are assigned by the secretary, and serves at the pleasure of
  206  the secretary.
  207         (3) ASSISTANT SECRETARIES.—
  208         (a) Child welfare.
  209         1. The secretary shall appoint an Assistant Secretary for
  210  Child Welfare to lead the department in carrying out its duties
  211  and responsibilities for child protection and child welfare. The
  212  assistant secretary shall serve at the pleasure of the
  213  secretary.
  214         2. The assistant secretary must have at least 7 years of
  215  experience working in organizations that deliver child
  216  protective or child welfare services.
  217         (b) Substance abuse and mental health.
  218         (c)1. The secretary shall appoint an Assistant Secretary
  219  for Substance Abuse and Mental Health. The assistant secretary
  220  shall serve at the pleasure of the secretary and must have
  221  expertise in both areas of responsibility.
  222         2. The secretary shall appoint a Director for Substance
  223  Abuse and Mental Health who has the requisite expertise and
  224  experience to head the state’s Substance Abuse and Mental Health
  225  Program Office.
  226         (5)(4) COMMUNITY ALLIANCES.—
  227         (a) The department shall, in consultation with local
  228  communities, establish a community alliance or similar group of
  229  the stakeholders, community leaders, client representatives and
  230  funders of human services in each county to provide a focal
  231  point for community participation and feedback into governance
  232  of community-based services. An alliance may cover more than one
  233  county when such arrangement is determined to provide for more
  234  effective representation. The community alliance shall represent
  235  the diversity of the community.
  236         (b) The duties of the community alliance include, but are
  237  not limited to:
  238         1. Providing independent and community-focused assessment
  239  of child protection and child welfare services and the local
  240  system of community-based care as described in s. 409.998.
  241         2.1. Joint planning for resource utilization in the
  242  community, including resources appropriated to the department
  243  and any funds that local funding sources choose to provide.
  244         3.2. Needs assessment and establishment of community
  245  priorities for service delivery.
  246         4.3. Determining community outcome goals to supplement
  247  state-required outcomes.
  248         5.4. Serving as a catalyst for community resource
  249  development.
  250         6.5. Providing for community education and advocacy on
  251  issues related to delivery of services.
  252         7.6. Promoting prevention and early intervention services.
  253         (c) The department shall ensure, to the greatest extent
  254  possible, that the formation of each community alliance builds
  255  on the strengths of the existing community human services
  256  infrastructure.
  257         (d) The initial membership of the community alliance in a
  258  county shall be composed of the following:
  259         1. A representative from the department.
  260         2. A representative from county government.
  261         3. A representative from the school district.
  262         4. A representative from the county United Way.
  263         5. A representative from the county sheriff’s office.
  264         6. A representative from the circuit court corresponding to
  265  the county.
  266         7. A representative from the county children’s board, if
  267  one exists.
  269  This paragraph is repealed on July 1, 2015.
  270         (e)No later than July 1, 2015, the alliance shall ensure
  271  its membership and member selection process meets the following
  272  requirements:
  273         1. The total number of voting members shall be at least
  274  nine and no more than 25 individuals. The alliance may establish
  275  committees, task forces, and other advisory groups to create
  276  opportunities for participation for community representatives
  277  who are not voting members of the alliance.
  278         2. The voting members of the alliance shall include
  279  individuals with a variety of backgrounds and experience. At
  280  least one member must be from a family who has received
  281  community services. At least one person shall have experience in
  282  each of the following areas:
  283         a. Community service organizations;
  284         b. Education;
  285         c. Law enforcement;
  286         d. Local government;
  287         e. Legal services;
  288         f. The judiciary;
  289         g. Philanthropic organizations; and
  290         h. Children’s service organizations.
  291         3. The alliance shall include two ex officio, nonvoting
  292  members, one of whom is designated by the secretary to represent
  293  the department and one of whom is designated by the community
  294  based care lead agency.
  295         4. The recruitment and selection of alliance members shall
  296  be an open and transparent process that allows for individuals
  297  and organizations to nominate potential candidates.
  298         (f) The community alliance shall adopt or amend bylaws to
  299  comply with paragraph (e).
  300         (g) The department shall appoint a statewide advisory
  301  committee to assist alliances to comply with this subsection.
  302  The advisory committee shall consist of a representative of the
  303  department designated by the secretary, the chief child
  304  advocate, a representative designated by the Florida Coalition
  305  of Children, and two persons currently serving on an alliance.
  306         (e) At any time after the initial meeting of the community
  307  alliance, the community alliance shall adopt bylaws and may
  308  increase the membership of the alliance to include the state
  309  attorney for the judicial circuit in which the community
  310  alliance is located, or his or her designee, the public defender
  311  for the judicial circuit in which the community alliance is
  312  located, or his or her designee, and other individuals and
  313  organizations who represent funding organizations, are community
  314  leaders, have knowledge of community-based service issues, or
  315  otherwise represent perspectives that will enable them to
  316  accomplish the duties listed in paragraph (b), if, in the
  317  judgment of the alliance, such change is necessary to adequately
  318  represent the diversity of the population within the community
  319  alliance service circuits.
  320         (h)(f) A member of the community alliance, other than a
  321  member specified in paragraph (d), may not receive payment for
  322  contractual services from the department or a community-based
  323  care lead agency.
  324         (i)(g) Members of the community alliances shall serve
  325  without compensation, but are entitled to receive reimbursement
  326  for per diem and travel expenses, as provided in s. 112.061.
  327  Payment may also be authorized for preapproved child care
  328  expenses or lost wages for members who are consumers of the
  329  department’s services and for preapproved child care expenses
  330  for other members who demonstrate hardship.
  331         (j)(h) Members of a community alliance are subject to the
  332  provisions of part III of chapter 112, the Code of Ethics for
  333  Public Officers and Employees.
  334         (k)(i) Actions taken by a community alliance must be
  335  consistent with department policy and state and federal laws,
  336  rules, and regulations.
  337         (l)(j) Alliance members shall annually submit a disclosure
  338  statement of services interests to the department’s inspector
  339  general. Any member who has an interest in a matter under
  340  consideration by the alliance must abstain from voting on that
  341  matter.
  342         (m)(k) All alliance meetings are open to the public
  343  pursuant to s. 286.011 and the public records provision of s.
  344  119.07(1).
  345         Section 2. Paragraphs (b), (c), (g), and (k) of subsection
  346  (1) of section 39.001, Florida Statutes, are amended, paragraphs
  347  (o) and (p) are added to that subsection, present paragraphs (f)
  348  through (h) of subsection (3) are redesignated as paragraphs (g)
  349  through (i), respectively, and a new paragraph (f) is added to
  350  that subsection, present subsections (4) through (11) are
  351  renumbered as subsections (5) through (12), respectively, and a
  352  new subsection (4) is added to that section, and paragraph (c)
  353  of present subsection (8) and paragraph (b) of present
  354  subsection (10) of that section are amended, to read:
  355         39.001 Purposes and intent; personnel standards and
  356  screening.—
  357         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
  358         (b) To recognize that most families desire to be competent
  359  caregivers and providers for their children and that children
  360  achieve their greatest potential when families are able to
  361  support and nurture the growth and development of their
  362  children. Therefore, the Legislature finds that policies and
  363  procedures that provide for prevention and intervention through
  364  the department’s child protection system should be based on the
  365  following principles:
  366         1. The health and safety of the children served shall be of
  367  paramount concern.
  368         2. The prevention and intervention should engage families
  369  in constructive, supportive, and nonadversarial relationships.
  370         3. The prevention and intervention should intrude as little
  371  as possible into the life of the family, be focused on clearly
  372  defined objectives, and take the most parsimonious path to
  373  remedy a family’s problems, keeping the safety of the child or
  374  children as the paramount concern.
  375         4. The prevention and intervention should be based upon
  376  outcome evaluation results that demonstrate success in
  377  protecting children and supporting families.
  378         (c) To provide a child protection system that reflects a
  379  partnership between the department, other agencies, the courts,
  380  law enforcement agencies, service providers, and local
  381  communities.
  382         (g) To ensure that the parent or legal custodian from whose
  383  custody the child has been taken assists the department to the
  384  fullest extent possible in locating relatives suitable to serve
  385  as caregivers for the child and provides all medical and
  386  educational information, or consent for access thereto, needed
  387  to help the child.
  388         (k) To make every possible effort, if when two or more
  389  children who are in the care or under the supervision of the
  390  department are siblings, to place the siblings in the same home;
  391  and in the event of permanent placement of the siblings, to
  392  place them in the same adoptive home or, if the siblings are
  393  separated while under the care or supervision of the department
  394  or in a permanent placement, to keep them in contact with each
  395  other.
  396         (o) To preserve and strengthen families who are caring for
  397  medically complex children.
  398         (p) To provide protective investigations that are conducted
  399  by trained persons in a complete and fair manner, that are
  400  promptly concluded, and that consider the purposes of this
  401  subsection and the general protections provided by law relating
  402  to child welfare.
  403         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  404  the Legislature that the children of this state be provided with
  405  the following protections:
  406         (f) Access to sufficient supports and services for
  407  medically complex children to allow them to remain in the least
  408  restrictive and most nurturing environment, which includes
  409  sufficient services in an amount and scope comparable to those
  410  services the child would receive in out-of-home care placement.
  411         (4) SERVICES FOR MEDICALLY COMPLEX CHILDREN.—The department
  412  shall maintain a program of family-centered services and
  413  supports for medically complex children. The purpose of the
  414  program is to prevent abuse and neglect of medically complex
  415  children while enhancing the capacity of families to provide for
  416  their children’s needs. Program services must include outreach,
  417  early intervention, and the provision of other supports and
  418  services to meet the child’s needs. The department shall
  419  collaborate with all relevant state and local agencies to
  420  provide needed services.
  422         (c) The office is authorized and directed to:
  423         1. Oversee the preparation and implementation of the state
  424  plan established under subsection (10) (9) and revise and update
  425  the state plan as necessary.
  426         2. Provide for or make available continuing professional
  427  education and training in the prevention of child abuse and
  428  neglect.
  429         3. Work to secure funding in the form of appropriations,
  430  gifts, and grants from the state, the Federal Government, and
  431  other public and private sources in order to ensure that
  432  sufficient funds are available for the promotion of adoption,
  433  support of adoptive families, and child abuse prevention
  434  efforts.
  435         4. Make recommendations pertaining to agreements or
  436  contracts for the establishment and development of:
  437         a. Programs and services for the promotion of adoption,
  438  support of adoptive families, and prevention of child abuse and
  439  neglect.
  440         b. Training programs for the prevention of child abuse and
  441  neglect.
  442         c. Multidisciplinary and discipline-specific training
  443  programs for professionals with responsibilities affecting
  444  children, young adults, and families.
  445         d. Efforts to promote adoption.
  446         e. Postadoptive services to support adoptive families.
  447         5. Monitor, evaluate, and review the development and
  448  quality of local and statewide services and programs for the
  449  promotion of adoption, support of adoptive families, and
  450  prevention of child abuse and neglect and shall publish and
  451  distribute an annual report of its findings on or before January
  452  1 of each year to the Governor, the Speaker of the House of
  453  Representatives, the President of the Senate, the head of each
  454  state agency affected by the report, and the appropriate
  455  substantive committees of the Legislature. The report shall
  456  include:
  457         a. A summary of the activities of the office.
  458         b. A summary of the adoption data collected and reported to
  459  the federal Adoption and Foster Care Analysis and Reporting
  460  System (AFCARS) and the federal Administration for Children and
  461  Families.
  462         c. A summary of the child abuse prevention data collected
  463  and reported to the National Child Abuse and Neglect Data System
  464  (NCANDS) and the federal Administration for Children and
  465  Families.
  466         d. A summary detailing the timeliness of the adoption
  467  process for children adopted from within the child welfare
  468  system.
  469         e. Recommendations, by state agency, for the further
  470  development and improvement of services and programs for the
  471  promotion of adoption, support of adoptive families, and
  472  prevention of child abuse and neglect.
  473         f. Budget requests, adoption promotion and support needs,
  474  and child abuse prevention program needs by state agency.
  475         6. Work with the direct-support organization established
  476  under s. 39.0011 to receive financial assistance.
  477         (11)(10) FUNDING AND SUBSEQUENT PLANS.—
  478         (b) The office and the other agencies and organizations
  479  listed in paragraph (10)(a) (9)(a) shall readdress the state
  480  plan and make necessary revisions every 5 years, at a minimum.
  481  Such revisions shall be submitted to the Speaker of the House of
  482  Representatives and the President of the Senate no later than
  483  June 30 of each year divisible by 5. At least biennially, the
  484  office shall review the state plan and make any necessary
  485  revisions based on changing needs and program evaluation
  486  results. An annual progress report shall be submitted to update
  487  the state plan in the years between the 5-year intervals. In
  488  order to avoid duplication of effort, these required plans may
  489  be made a part of or merged with other plans required by either
  490  the state or Federal Government, so long as the portions of the
  491  other state or Federal Government plan that constitute the state
  492  plan for the promotion of adoption, support of adoptive
  493  families, and prevention of child abuse, abandonment, and
  494  neglect are clearly identified as such and are provided to the
  495  Speaker of the House of Representatives and the President of the
  496  Senate as required under this section above.
  497         Section 3. Present subsections (59) through (65) of section
  498  39.01, Florida Statutes, are redesignated as subsections (60)
  499  through (66), respectively, present subsections (67) through
  500  (69) are redesignated as subsections (68) through (70),
  501  respectively, present subsections (70) through (76) are
  502  redesignated as subsections (72) through (78), respectively, new
  503  subsections (31), (41), (59), (67), and (71) are added to that
  504  section, and subsections (7), (14), (18), (22), (26), and (27)
  505  and present subsections (28) through (41), (59), and (65) of
  506  that section are amended, to read:
  507         39.01 Definitions.—When used in this chapter, unless the
  508  context otherwise requires:
  509         (7) “Alleged juvenile sexual offender” means:
  510         (a) A child 12 years of age or younger who is alleged to
  511  have committed a violation of chapter 794, chapter 796, chapter
  512  800, s. 827.071, or s. 847.0133; or
  513         (b) A child who is alleged to have committed any violation
  514  of law or delinquent act involving juvenile sexual abuse.
  515  “Juvenile sexual abuse” means any sexual behavior which occurs
  516  without consent, without equality, or as a result of coercion.
  517  For purposes of this subsection paragraph, the following
  518  definitions apply:
  519         (a)1. “Coercion” means the exploitation of authority or the
  520  use of bribes, threats of force, or intimidation to gain
  521  cooperation or compliance.
  522         (b)2. “Equality” means two participants operating with the
  523  same level of power in a relationship, neither being controlled
  524  nor coerced by the other.
  525         (c)3. “Consent” means an agreement, including all of the
  526  following:
  527         1.a. Understanding what is proposed based on age, maturity,
  528  developmental level, functioning, and experience.
  529         2.b. Knowledge of societal standards for what is being
  530  proposed.
  531         3.c. Awareness of potential consequences and alternatives.
  532         4.d. Assumption that agreement or disagreement will be
  533  accepted equally.
  534         5.e. Voluntary decision.
  535         6.f. Mental competence.
  537  Juvenile sexual offender behavior ranges from noncontact sexual
  538  behavior such as making obscene phone calls, exhibitionism,
  539  voyeurism, and the showing or taking of lewd photographs to
  540  varying degrees of direct sexual contact, such as frottage,
  541  fondling, digital penetration, rape, fellatio, sodomy, and
  542  various other sexually aggressive acts.
  543         (14) “Child who has exhibited inappropriate sexual
  544  behavior” means a child who is 12 years of age or younger and
  545  who has been found by the department or the court to have
  546  committed an inappropriate sexual act.
  547         (18) “Comprehensive assessment” or “assessment” means the
  548  gathering of information for the evaluation of a child’s and
  549  caregiver’s physical, psychiatric, psychological, or mental
  550  health; developmental delays or challenges; and, educational,
  551  vocational, and social condition and family environment as they
  552  relate to the child’s and caregiver’s need for rehabilitative
  553  and treatment services, including substance abuse treatment
  554  services, mental health services, developmental services,
  555  literacy services, medical services, family services, and other
  556  specialized services, as appropriate.
  557         (22) “Diligent efforts by a parent” means a course of
  558  conduct which results in a meaningful change in the behavior of
  559  a parent that reduces reduction in risk to the child in the
  560  child’s home to the extent that would allow the child may to be
  561  safely placed permanently back in the home as set forth in the
  562  case plan.
  563         (26) “District” means any one of the 15 service districts
  564  of the department established pursuant to s. 20.19.
  565         (27) “District administrator” means the chief operating
  566  officer of each service district of the department as defined in
  567  s. 20.19(5) and, where appropriate, includes any district
  568  administrator whose service district falls within the boundaries
  569  of a judicial circuit.
  570         (26)(28) “Expedited termination of parental rights” means
  571  proceedings wherein a case plan with the goal of reunification
  572  is not being offered.
  573         (27)(29) “False report” means a report of abuse, neglect,
  574  or abandonment of a child to the central abuse hotline, which
  575  report is maliciously made for the purpose of:
  576         (a) Harassing, embarrassing, or harming another person;
  577         (b) Personal financial gain for the reporting person;
  578         (c) Acquiring custody of a child; or
  579         (d) Personal benefit for the reporting person in any other
  580  private dispute involving a child.
  582  The term “false report” does not include a report of abuse,
  583  neglect, or abandonment of a child made in good faith to the
  584  central abuse hotline.
  585         (28)(30) “Family” means a collective body of persons,
  586  consisting of a child and a parent, legal custodian, or adult
  587  relative, in which:
  588         (a) The persons reside in the same house or living unit; or
  589         (b) The parent, legal custodian, or adult relative has a
  590  legal responsibility by blood, marriage, or court order to
  591  support or care for the child.
  592         (29)(31) “Foster care” means care provided a child in a
  593  foster family or boarding home, group home, agency boarding
  594  home, child care institution, or any combination thereof.
  595         (30)(32) “Harm” to a child’s health or welfare can occur
  596  when any person:
  597         (a) Inflicts or allows to be inflicted upon the child
  598  physical, mental, or emotional injury. In determining whether
  599  harm has occurred, the following factors must be considered in
  600  evaluating any physical, mental, or emotional injury to a child:
  601  the age of the child; any prior history of injuries to the
  602  child; the location of the injury on the body of the child; the
  603  multiplicity of the injury; and the type of trauma inflicted.
  604  Such injury includes, but is not limited to:
  605         1. Willful acts that produce the following specific
  606  injuries:
  607         a. Sprains, dislocations, or cartilage damage.
  608         b. Bone or skull fractures.
  609         c. Brain or spinal cord damage.
  610         d. Intracranial hemorrhage or injury to other internal
  611  organs.
  612         e. Asphyxiation, suffocation, or drowning.
  613         f. Injury resulting from the use of a deadly weapon.
  614         g. Burns or scalding.
  615         h. Cuts, lacerations, punctures, or bites.
  616         i. Permanent or temporary disfigurement.
  617         j. Permanent or temporary loss or impairment of a body part
  618  or function.
  620  As used in this subparagraph, the term “willful” refers to the
  621  intent to perform an action, not to the intent to achieve a
  622  result or to cause an injury.
  623         2. Purposely giving a child poison, alcohol, drugs, or
  624  other substances that substantially affect the child’s behavior,
  625  motor coordination, or judgment or that result in sickness or
  626  internal injury. For the purposes of this subparagraph, the term
  627  “drugs” means prescription drugs not prescribed for the child or
  628  not administered as prescribed, and controlled substances as
  629  outlined in Schedule I or Schedule II of s. 893.03.
  630         3. Leaving a child without adult supervision or arrangement
  631  appropriate for the child’s age or mental or physical condition,
  632  so that the child is unable to care for the child’s own needs or
  633  another’s basic needs or is unable to exercise good judgment in
  634  responding to any kind of physical or emotional crisis.
  635         4. Inappropriate or excessively harsh disciplinary action
  636  that is likely to result in physical injury, mental injury as
  637  defined in this section, or emotional injury. The significance
  638  of any injury must be evaluated in light of the following
  639  factors: the age of the child; any prior history of injuries to
  640  the child; the location of the injury on the body of the child;
  641  the multiplicity of the injury; and the type of trauma
  642  inflicted. Corporal discipline may be considered excessive or
  643  abusive when it results in any of the following or other similar
  644  injuries:
  645         a. Sprains, dislocations, or cartilage damage.
  646         b. Bone or skull fractures.
  647         c. Brain or spinal cord damage.
  648         d. Intracranial hemorrhage or injury to other internal
  649  organs.
  650         e. Asphyxiation, suffocation, or drowning.
  651         f. Injury resulting from the use of a deadly weapon.
  652         g. Burns or scalding.
  653         h. Cuts, lacerations, punctures, or bites.
  654         i. Permanent or temporary disfigurement.
  655         j. Permanent or temporary loss or impairment of a body part
  656  or function.
  657         k. Significant bruises or welts.
  658         (b) Commits, or allows to be committed, sexual battery, as
  659  defined in chapter 794, or lewd or lascivious acts, as defined
  660  in chapter 800, against the child.
  661         (c) Allows, encourages, or forces the sexual exploitation
  662  of a child, which includes allowing, encouraging, or forcing a
  663  child to:
  664         1. Solicit for or engage in prostitution; or
  665         2. Engage in a sexual performance, as defined by chapter
  666  827.
  667         (d) Exploits a child, or allows a child to be exploited, as
  668  provided in s. 450.151.
  669         (e) Abandons the child. Within the context of the
  670  definition of “harm,” the term “abandoned the child” or
  671  “abandonment of the child” means a situation in which the parent
  672  or legal custodian of a child or, in the absence of a parent or
  673  legal custodian, the caregiver, while being able, has made no
  674  significant contribution to the child’s care and maintenance or
  675  has failed to establish or maintain a substantial and positive
  676  relationship with the child, or both. For purposes of this
  677  paragraph, “establish or maintain a substantial and positive
  678  relationship” includes, but is not limited to, frequent and
  679  regular contact with the child through frequent and regular
  680  visitation or frequent and regular communication to or with the
  681  child, and the exercise of parental rights and responsibilities.
  682  Marginal efforts and incidental or token visits or
  683  communications are not sufficient to establish or maintain a
  684  substantial and positive relationship with a child. The term
  685  “abandoned” does not include a surrendered newborn infant as
  686  described in s. 383.50, a child in need of services as defined
  687  in chapter 984, or a family in need of services as defined in
  688  chapter 984. The incarceration, repeated incarceration, or
  689  extended incarceration of a parent, legal custodian, or
  690  caregiver responsible for a child’s welfare may support a
  691  finding of abandonment.
  692         (f) Neglects the child. Within the context of the
  693  definition of “harm,” the term “neglects the child” means that
  694  the parent or other person responsible for the child’s welfare
  695  fails to supply the child with adequate food, clothing, shelter,
  696  or health care, although financially able to do so or although
  697  offered financial or other means to do so. However, a parent or
  698  legal custodian who, by reason of the legitimate practice of
  699  religious beliefs, does not provide specified medical treatment
  700  for a child may not be considered abusive or neglectful for that
  701  reason alone, but such an exception does not:
  702         1. Eliminate the requirement that such a case be reported
  703  to the department;
  704         2. Prevent the department from investigating such a case;
  705  or
  706         3. Preclude a court from ordering, when the health of the
  707  child requires it, the provision of medical services by a
  708  physician, as defined in this section, or treatment by a duly
  709  accredited practitioner who relies solely on spiritual means for
  710  healing in accordance with the tenets and practices of a well
  711  recognized church or religious organization.
  712         (g) Exposes a child to a controlled substance or alcohol.
  713  Exposure to a controlled substance or alcohol is established by:
  714         1. A test, administered at birth, which indicated that the
  715  child’s blood, urine, or meconium contained any amount of
  716  alcohol or a controlled substance or metabolites of such
  717  substances, the presence of which was not the result of medical
  718  treatment administered to the mother or the newborn infant; or
  719         2. Evidence of extensive, abusive, and chronic use of a
  720  controlled substance or alcohol by a parent when the child is
  721  demonstrably adversely affected by such usage.
  723  As used in this paragraph, the term “controlled substance” means
  724  prescription drugs not prescribed for the parent or not
  725  administered as prescribed and controlled substances as outlined
  726  in Schedule I or Schedule II of s. 893.03.
  727         (h) Uses mechanical devices, unreasonable restraints, or
  728  extended periods of isolation to control a child.
  729         (i) Engages in violent behavior that demonstrates a wanton
  730  disregard for the presence of a child and could reasonably
  731  result in serious injury to the child.
  732         (j) Negligently fails to protect a child in his or her care
  733  from inflicted physical, mental, or sexual injury caused by the
  734  acts of another.
  735         (k) Has allowed a child’s sibling to die as a result of
  736  abuse, abandonment, or neglect.
  737         (l) Makes the child unavailable for the purpose of impeding
  738  or avoiding a protective investigation unless the court
  739  determines that the parent, legal custodian, or caregiver was
  740  fleeing from a situation involving domestic violence.
  741         (31) “Impending danger” means a situation in which family
  742  behaviors, attitudes, motives, emotions, or situations pose a
  743  threat that may not be currently active but that can be
  744  anticipated to become active and to have severe effects on a
  745  child at any time.
  746         (32)(33) “Institutional child abuse or neglect” means
  747  situations of known or suspected child abuse or neglect in which
  748  the person allegedly perpetrating the child abuse or neglect is
  749  an employee of a private school, public or private day care
  750  center, residential home, institution, facility, or agency or
  751  any other person at such institution responsible for the child’s
  752  care as defined in subsection (47).
  753         (33)(34) “Judge” means the circuit judge exercising
  754  jurisdiction pursuant to this chapter.
  755         (34)(35) “Legal custody” means a legal status created by a
  756  court which vests in a custodian of the person or guardian,
  757  whether an agency or an individual, the right to have physical
  758  custody of the child and the right and duty to protect, nurture,
  759  guide, and discipline the child and to provide him or her with
  760  food, shelter, education, and ordinary medical, dental,
  761  psychiatric, and psychological care.
  762         (35)(36) “Licensed child-caring agency” means a person,
  763  society, association, or agency licensed by the department to
  764  care for, receive, and board children.
  765         (36)(37) “Licensed child-placing agency” means a person,
  766  society, association, or institution licensed by the department
  767  to care for, receive, or board children and to place children in
  768  a licensed child-caring institution or a foster or adoptive
  769  home.
  770         (37)(38) “Licensed health care professional” means a
  771  physician licensed under chapter 458, an osteopathic physician
  772  licensed under chapter 459, a nurse licensed under part I of
  773  chapter 464, a physician assistant licensed under chapter 458 or
  774  chapter 459, or a dentist licensed under chapter 466.
  775         (38)(39) “Likely to injure oneself” means that, as
  776  evidenced by violent or other actively self-destructive
  777  behavior, it is more likely than not that within a 24-hour
  778  period the child will attempt to commit suicide or inflict
  779  serious bodily harm on himself or herself.
  780         (39)(40) “Likely to injure others” means that it is more
  781  likely than not that within a 24-hour period the child will
  782  inflict serious and unjustified bodily harm on another person.
  783         (40)(41) “Mediation” means a process whereby a neutral
  784  third person called a mediator acts to encourage and facilitate
  785  the resolution of a dispute between two or more parties. It is
  786  an informal and nonadversarial process with the objective of
  787  helping the disputing parties reach a mutually acceptable and
  788  voluntary agreement. The role of the mediator includes, but is
  789  not limited to, assisting the parties in identifying issues,
  790  fostering joint problem solving, and exploring settlement
  791  alternatives.
  792         (41) “Medical neglect” means the failure to provide or the
  793  failure to allow needed care as recommended by a health care
  794  practitioner for a physical injury, illness, medical condition,
  795  or impairment, or the failure to seek timely and appropriate
  796  medical care for a serious health problem that a reasonable
  797  person would have recognized as requiring professional medical
  798  attention. Medical neglect does not occur if the parent or legal
  799  guardian of the child has made reasonable attempts to obtain
  800  necessary health care services or the immediate health condition
  801  giving rise to the allegation of neglect is a known and expected
  802  complication of the child’s diagnosis or treatment and:
  803         (a) The recommended care offers limited net benefit to the
  804  child and the morbidity or other side effects of the treatment
  805  may be considered to be greater than the anticipated benefit; or
  806         (b) The parent or legal guardian received conflicting
  807  medical recommendations for treatment from multiple
  808  practitioners and did not follow all recommendations.
  809         (59) “Present danger” means a significant and clearly
  810  observable family condition that is occurring at the current
  811  moment and is already endangering or threatening to endanger the
  812  child. Present danger threats are conspicuous and require that
  813  an immediate protective action be taken to ensure the child’s
  814  safety.
  815         (60)(59) “Preventive services” means social services and
  816  other supportive and rehabilitative services provided to the
  817  parent or legal custodian of the child and to the child for the
  818  purpose of averting the removal of the child from the home or
  819  disruption of a family which will or could result in the
  820  placement of a child in foster care. Social services and other
  821  supportive and rehabilitative services shall promote the child’s
  822  developmental needs and need for physical, mental, and emotional
  823  health and a safe, stable, living environment;, shall promote
  824  family autonomy;, and shall strengthen family life, whenever
  825  possible.
  826         (66)(65) “Reunification services” means social services and
  827  other supportive and rehabilitative services provided to the
  828  parent of the child, to the child, and, where appropriate, to
  829  the relative placement, nonrelative placement, or foster parents
  830  of the child, for the purpose of enabling a child who has been
  831  placed in out-of-home care to safely return to his or her parent
  832  at the earliest possible time. The health and safety of the
  833  child shall be the paramount goal of social services and other
  834  supportive and rehabilitative services. The services shall
  835  promote the child’s need for physical, developmental, mental,
  836  and emotional health and a safe, stable, living environment;,
  837  shall promote family autonomy;, and shall strengthen family
  838  life, whenever possible.
  839         (67) “Safety plan” means a plan created to control present
  840  or impending danger using the least intrusive means appropriate
  841  to protect a child when a parent, caregiver, or legal custodian
  842  is unavailable, unwilling, or unable to do so.
  843         (71) “Sibling” means:
  844         (a) A child who shares a birth parent or legal parent with
  845  one or more other children; or
  846         (b) A child who has lived together in a family with one or
  847  more other children whom he or she identifies as siblings.
  848         Section 4. Subsection (12) is added to section 39.013,
  849  Florida Statutes, to read:
  850         39.013 Procedures and jurisdiction; right to counsel.—
  851         (12) The department shall be represented by counsel in each
  852  dependency proceeding. Through its attorneys, the department
  853  shall make recommendations to the court on issues before the
  854  court and may support its recommendations through testimony and
  855  other evidence by its own employees, employees of sheriff’s
  856  offices providing child protection services, employees of its
  857  contractors, employees of its contractor’s subcontractors, or
  858  from any other relevant source.
  859         Section 5. Paragraph (c) of subsection (2) of section
  860  39.201, Florida Statutes, is amended to read:
  861         39.201 Mandatory reports of child abuse, abandonment, or
  862  neglect; mandatory reports of death; central abuse hotline.—
  863         (2)
  864         (c) Reports involving a known or suspected juvenile sexual
  865  abuse offender or a child who has exhibited inappropriate sexual
  866  behavior shall be made and received by the department. An
  867  alleged incident of juvenile sexual abuse involving a child who
  868  is in the custody of or protective supervision of the department
  869  shall be reported to the department’s central abuse hotline.
  870         1. The department shall determine the age of the alleged
  871  offender, if known.
  872         2. If the alleged offender is 12 years of age or younger,
  873  The central abuse hotline shall immediately electronically
  874  transfer the report or call to the county sheriff’s office. The
  875  department shall conduct an assessment and assist the family in
  876  receiving appropriate services pursuant to s. 39.307, and send a
  877  written report of the allegation to the appropriate county
  878  sheriff’s office within 48 hours after the initial report is
  879  made to the central abuse hotline.
  880         2. The department shall ensure that the facts and results
  881  of any investigation of child sexual abuse involving a child in
  882  the custody of or under the protective supervision of the
  883  department are made known to the court at the next hearing or
  884  included in the next report to the court concerning the child.
  885         3. If the alleged offender is 13 years of age or older, the
  886  central abuse hotline shall immediately electronically transfer
  887  the report or call to the appropriate county sheriff’s office
  888  and send a written report to the appropriate county sheriff’s
  889  office within 48 hours after the initial report to the central
  890  abuse hotline.
  891         Section 6. Section 39.2015, Florida Statutes, is created to
  892  read:
  893         39.2015 Critical incident rapid response team.—
  894         (1) The department shall conduct an immediate investigation
  895  of certain incidents involving children using critical incident
  896  rapid response teams as provided in subsection (2). The purpose
  897  of such investigation is to identify root causes and rapidly
  898  determine the need to change policies and practices related to
  899  child protection and child welfare.
  900         (2) An immediate onsite investigation conducted by a
  901  critical incident rapid response team is required for all child
  902  deaths reported to the department if the child or another child
  903  in his or her family was the subject of a verified report of
  904  suspected abuse or neglect during the previous 12 months. The
  905  secretary may direct an immediate investigation for other cases
  906  involving serious injury to a child.
  907         (3) Each investigation shall be conducted by a team of at
  908  least five professionals with expertise in child protection,
  909  child welfare, and organizational management. The team may
  910  consist of employees of the department, community-based care
  911  lead agencies, and other provider organizations; faculty from
  912  the institute consisting of public and private universities
  913  offering degrees in social work established pursuant to s.
  914  1004.615; or any other person with the required expertise. The
  915  majority of the team must reside in judicial circuits outside
  916  the location of the incident. The secretary shall appoint a team
  917  leader for each group assigned to an investigation.
  918         (4) An investigation shall be initiated as soon as
  919  possible, but not later than 2 business days after the case is
  920  reported to the department. A preliminary report on each case
  921  shall be provided to the secretary no later than 30 days after
  922  the investigation begins.
  923         (5) Each member of the team is authorized to access all
  924  information in the case file.
  925         (6) All employees of the department or other state agencies
  926  and all personnel from contracted provider organizations must
  927  cooperate with the investigation by participating in interviews
  928  and timely responding to any requests for information. However,
  929  records or information of contracted provider organizations made
  930  confidential or privileged by state or federal law may be shared
  931  among team members but not outside the team.
  932         (7) The secretary shall develop cooperative agreements with
  933  other entities and organizations as necessary to facilitate the
  934  work of the team.
  935         (8) The members of the team may be reimbursed by the
  936  department for per diem, mileage, and other reasonable expenses
  937  as provided in s. 112.061. The department may also reimburse the
  938  team member’s employer for the associated salary and benefits
  939  during the time the team member is fulfilling the duties
  940  required under this section.
  941         (9) Upon completion of the investigation, the department
  942  shall make the team’s final report available on its website.
  943         (10) The secretary, in conjunction with the institute
  944  established pursuant to s. 1004.615, shall develop guidelines
  945  for investigations conducted by critical incident rapid response
  946  teams and provide training to team members. Such guidelines must
  947  direct the teams in the conduct of a root-cause analysis that
  948  identifies, classifies, and attributes responsibility for both
  949  direct and latent causes for the death or other incident,
  950  including organizational factors, preconditions, and specific
  951  acts or omissions resulting from either error or a violation of
  952  procedures.
  953         (11) The secretary shall appoint an advisory committee made
  954  up of experts in child protection and child welfare to conduct
  955  an independent review of investigative reports from the critical
  956  incident rapid response teams and make recommendations to
  957  improve policies and practices related to child protection and
  958  child welfare services. By October 1 of each year, the advisory
  959  committee shall submit a report to the secretary that includes
  960  findings and recommendations. The secretary shall submit the
  961  report to the Governor, the President of the Senate, and the
  962  Speaker of the House of Representatives.
  963         Section 7. Section 39.2022, Florida Statutes, is created to
  964  read:
  965         39.2022 Public disclosure of reported child deaths.—
  966         (1) It is the intent of the Legislature to provide prompt
  967  disclosure of the basic facts of all deaths of children from
  968  birth through 18 years of age which occur in this state and
  969  which are reported to the department’s central abuse hotline.
  970  Disclosure shall be posted on the department’s public website.
  971  This section does not limit the public access to records under
  972  any other provision of law.
  973         (2) Notwithstanding s. 39.202, if a child death is reported
  974  to the central abuse hotline, the department shall post on its
  975  website all of the following:
  976         (a) The initials, age, race, and gender of the child.
  977         (b) The date of the child’s death.
  978         (c) Any allegations of the cause of death or the
  979  preliminary cause of death, and the verified cause of death, if
  980  known.
  981         (d) The county and placement of the child at the time of
  982  the incident leading to the child’s death, if applicable.
  983         (e) The name of the community-based care lead agency, case
  984  management agency, or out-of-home licensing agency involved with
  985  the child, family, or licensed caregiver, if applicable.
  986         (f) The relationship of the person adjudicated guilty of
  987  any criminal offense related to the child’s death.
  988         (g)Whether the child has been the subject of any prior
  989  verified reports to the department’s central abuse hotline.
  990         Section 8. Subsections (9) and (14) of section 39.301,
  991  Florida Statutes, are amended to read:
  992         39.301 Initiation of protective investigations.—
  993         (9)(a) For each report received from the central abuse
  994  hotline and accepted for investigation, the department or the
  995  sheriff providing child protective investigative services under
  996  s. 39.3065, shall perform the following child protective
  997  investigation activities to determine child safety:
  998         1. Conduct a review of all relevant, available information
  999  specific to the child and family and alleged maltreatment;
 1000  family child welfare history; local, state, and federal criminal
 1001  records checks; and requests for law enforcement assistance
 1002  provided by the abuse hotline. Based on a review of available
 1003  information, including the allegations in the current report, a
 1004  determination shall be made as to whether immediate consultation
 1005  should occur with law enforcement, the child protection team, a
 1006  domestic violence shelter or advocate, or a substance abuse or
 1007  mental health professional. Such consultations should include
 1008  discussion as to whether a joint response is necessary and
 1009  feasible. A determination shall be made as to whether the person
 1010  making the report should be contacted before the face-to-face
 1011  interviews with the child and family members.
 1012         2. Conduct face-to-face interviews with the child; other
 1013  siblings, if any; and the parents, legal custodians, or
 1014  caregivers.
 1015         3. Assess the child’s residence, including a determination
 1016  of the composition of the family and household, including the
 1017  name, address, date of birth, social security number, sex, and
 1018  race of each child named in the report; any siblings or other
 1019  children in the same household or in the care of the same
 1020  adults; the parents, legal custodians, or caregivers; and any
 1021  other adults in the same household.
 1022         4. Determine whether there is any indication that any child
 1023  in the family or household has been abused, abandoned, or
 1024  neglected; the nature and extent of present or prior injuries,
 1025  abuse, or neglect, and any evidence thereof; and a determination
 1026  as to the person or persons apparently responsible for the
 1027  abuse, abandonment, or neglect, including the name, address,
 1028  date of birth, social security number, sex, and race of each
 1029  such person.
 1030         5. Complete assessment of immediate child safety for each
 1031  child based on available records, interviews, and observations
 1032  with all persons named in subparagraph 2. and appropriate
 1033  collateral contacts, which may include other professionals. The
 1034  department’s child protection investigators are hereby
 1035  designated a criminal justice agency for the purpose of
 1036  accessing criminal justice information to be used for enforcing
 1037  this state’s laws concerning the crimes of child abuse,
 1038  abandonment, and neglect. This information shall be used solely
 1039  for purposes supporting the detection, apprehension,
 1040  prosecution, pretrial release, posttrial release, or
 1041  rehabilitation of criminal offenders or persons accused of the
 1042  crimes of child abuse, abandonment, or neglect and may not be
 1043  further disseminated or used for any other purpose.
 1044         6. Document the present and impending dangers to each child
 1045  based on the identification of inadequate protective capacity
 1046  through utilization of a standardized safety assessment
 1047  instrument. If present or impending danger is identified, the
 1048  child protective investigator must implement a safety plan or
 1049  take the child into custody. If present danger is identified and
 1050  the child is not removed, the child protective investigator
 1051  shall create and implement a safety plan before leaving the home
 1052  or the location where there is present danger. If impending
 1053  danger is identified, the child protective investigator shall
 1054  create and implement a safety plan as soon as necessary to
 1055  protect the safety of the child. The child protective
 1056  investigator may modify the safety plan if he or she identifies
 1057  additional impending danger.
 1058         a. If the child protective investigator implements a safety
 1059  plan, the plan must be specific, sufficient, feasible, and
 1060  sustainable in response to the realities of the present or
 1061  impending danger. A safety plan may be an in-home plan or an
 1062  out-of-home plan, or a combination of both. A safety plan may
 1063  not rely solely on promissory commitments by the parent,
 1064  caregiver, or legal custodian who is currently not able to
 1065  protect the child or on services that are not available or will
 1066  not result in the safety of the child. A safety plan may not be
 1067  implemented if for any reason the parents, guardian, or legal
 1068  custodian lacks the capacity or ability to comply with the plan.
 1069  If the department is not able to develop a plan that is
 1070  specific, sufficient, feasible, and sustainable, the department
 1071  shall file a shelter petition. A child protective investigator
 1072  shall implement separate safety plans for the perpetrator of
 1073  domestic violence and the parent who is a victim of domestic
 1074  violence as defined in s. 741.28. If the perpetrator of domestic
 1075  violence is not the parent, guardian, or legal custodian of the
 1076  child, the child protective investigator shall seek issuance of
 1077  an injunction authorized by s. 39.504 to implement a safety plan
 1078  for the perpetrator and impose any other conditions to protect
 1079  the child. The safety plan for the parent who is a victim of
 1080  domestic violence may not be shared with the perpetrator. If any
 1081  party to a safety plan fails to comply with the safety plan
 1082  resulting in the child being unsafe, the department shall file a
 1083  shelter petition.
 1084         b. The child protective investigator shall collaborate with
 1085  the community-based care lead agency in the development of the
 1086  safety plan as necessary to ensure that the safety plan is
 1087  specific, sufficient, feasible, and sustainable. The child
 1088  protective investigator shall identify services necessary for
 1089  the successful implementation of the safety plan. The child
 1090  protective investigator and the community-based care lead agency
 1091  shall mobilize service resources to assist all parties in
 1092  complying with the safety plan. The community-based care lead
 1093  agency shall prioritize safety plan services to families who
 1094  have multiple risk factors, including, but not limited to, two
 1095  or more of the following:
 1096         (I) The parent or legal custodian is of young age;
 1097         (II) The parent or legal custodian, or an adult currently
 1098  living in or frequently visiting the home, has a history of
 1099  substance abuse, mental illness, or domestic violence;
 1100         (III) The parent or legal custodian, or an adult currently
 1101  living in or frequently visiting the home, has been previously
 1102  found to have physically or sexually abused a child;
 1103         (IV) The parent or legal custodian or an adult currently
 1104  living in or frequently visiting the home has been the subject
 1105  of multiple allegations by reputable reports of abuse or
 1106  neglect;
 1107         (V) The child is physically or developmentally disabled; or
 1108         (VI) The child is 3 years of age or younger.
 1109         c. The child protective investigator shall monitor the
 1110  implementation of the plan to ensure the child’s safety until
 1111  the case is transferred to the lead agency at which time the
 1112  lead agency shall monitor the implementation.
 1113         (b) Upon completion of the immediate safety assessment, the
 1114  department shall determine the additional activities necessary
 1115  to assess impending dangers, if any, and close the
 1116  investigation.
 1117         (b)(c) For each report received from the central abuse
 1118  hotline, the department or the sheriff providing child
 1119  protective investigative services under s. 39.3065, shall
 1120  determine the protective, treatment, and ameliorative services
 1121  necessary to safeguard and ensure the child’s safety and well
 1122  being and development, and cause the delivery of those services
 1123  through the early intervention of the department or its agent.
 1124  As applicable, child protective investigators must inform
 1125  parents and caregivers how and when to use the injunction
 1126  process under s. 741.30 to remove a perpetrator of domestic
 1127  violence from the home as an intervention to protect the child.
 1128         1. If the department or the sheriff providing child
 1129  protective investigative services determines that the interests
 1130  of the child and the public will be best served by providing the
 1131  child care or other treatment voluntarily accepted by the child
 1132  and the parents or legal custodians, the parent or legal
 1133  custodian and child may be referred for such care, case
 1134  management, or other community resources.
 1135         2. If the department or the sheriff providing child
 1136  protective investigative services determines that the child is
 1137  in need of protection and supervision, the department may file a
 1138  petition for dependency.
 1139         3. If a petition for dependency is not being filed by the
 1140  department, the person or agency originating the report shall be
 1141  advised of the right to file a petition pursuant to this part.
 1142         4. At the close of an investigation, the department or the
 1143  sheriff providing child protective services shall provide to the
 1144  person who is alleged to have caused the abuse, neglect, or
 1145  abandonment and the parent or legal custodian a summary of
 1146  findings from the investigation and provide information about
 1147  their right to access confidential reports in accordance with s.
 1148  39.202.
 1149         (14)(a) If the department or its agent determines that a
 1150  child requires immediate or long-term protection through:
 1151         1. medical or other health care; or
 1152         2. homemaker care, day care, protective supervision, or
 1153  other services to stabilize the home environment, including
 1154  intensive family preservation services through the Intensive
 1155  Crisis Counseling Program, such services shall first be offered
 1156  for voluntary acceptance unless:
 1157         1. There are high-risk factors that may impact the ability
 1158  of the parents or legal custodians to exercise judgment. Such
 1159  factors may include the parents’ or legal custodians’ young age
 1160  or history of substance abuse, mental illness, or domestic
 1161  violence; or
 1162         2. There is a high likelihood of lack of compliance with
 1163  voluntary services, and such noncompliance would result in the
 1164  child being unsafe.
 1165         (b) The parents or legal custodians shall be informed of
 1166  the right to refuse services, as well as the responsibility of
 1167  the department to protect the child regardless of the acceptance
 1168  or refusal of services. If the services are refused, a
 1169  collateral contact shall include a relative, if the protective
 1170  investigator has knowledge of and the ability to contact a
 1171  relative. If the services are refused and the department deems
 1172  that the child’s need for protection so requires services, the
 1173  department shall take the child into protective custody or
 1174  petition the court as provided in this chapter. At any time
 1175  after the commencement of a protective investigation, a relative
 1176  may submit in writing to the protective investigator or case
 1177  manager a request to receive notification of all proceedings and
 1178  hearings in accordance with s. 39.502. The request shall include
 1179  the relative’s name, address, and phone number and the
 1180  relative’s relationship to the child. The protective
 1181  investigator or case manager shall forward such request to the
 1182  attorney for the department. The failure to provide notice to
 1183  either a relative who requests it pursuant to this subsection or
 1184  to a relative who is providing out-of-home care for a child may
 1185  not result in any previous action of the court at any stage or
 1186  proceeding in dependency or termination of parental rights under
 1187  any part of this chapter being set aside, reversed, modified, or
 1188  in any way changed absent a finding by the court that a change
 1189  is required in the child’s best interests.
 1190         (c) The department, in consultation with the judiciary,
 1191  shall adopt by rule:
 1192         1. Criteria that are factors requiring that the department
 1193  take the child into custody, petition the court as provided in
 1194  this chapter, or, if the child is not taken into custody or a
 1195  petition is not filed with the court, conduct an administrative
 1196  review. Such factors must include, but are not limited to,
 1197  noncompliance with a safety plan or the case plan developed by
 1198  the department, and the family under this chapter, and prior
 1199  abuse reports with findings that involve the child, the child’s
 1200  sibling, or the child’s caregiver.
 1201         2. Requirements that if after an administrative review the
 1202  department determines not to take the child into custody or
 1203  petition the court, the department shall document the reason for
 1204  its decision in writing and include it in the investigative
 1205  file. For all cases that were accepted by the local law
 1206  enforcement agency for criminal investigation pursuant to
 1207  subsection (2), the department must include in the file written
 1208  documentation that the administrative review included input from
 1209  law enforcement. In addition, for all cases that must be
 1210  referred to child protection teams pursuant to s. 39.303(2) and
 1211  (3), the file must include written documentation that the
 1212  administrative review included the results of the team’s
 1213  evaluation. Factors that must be included in the development of
 1214  the rule include noncompliance with the case plan developed by
 1215  the department, or its agent, and the family under this chapter
 1216  and prior abuse reports with findings that involve the child or
 1217  caregiver.
 1218         Section 9. Section 39.303, Florida Statutes, is amended to
 1219  read:
 1220         39.303 Child protection teams; services; eligible cases.
 1221  The Children’s Medical Services Program in the Department of
 1222  Health shall develop, maintain, and coordinate the services of
 1223  one or more multidisciplinary child protection teams in each of
 1224  the service districts of the Department of Children and Families
 1225  Family Services. Such teams may be composed of appropriate
 1226  representatives of school districts and appropriate health,
 1227  mental health, social service, legal service, and law
 1228  enforcement agencies. The Legislature finds that optimal
 1229  coordination of child protection teams and sexual abuse
 1230  treatment programs requires collaboration between The Department
 1231  of Health and the Department of Children and Families Family
 1232  Services. The two departments shall maintain an interagency
 1233  agreement that establishes protocols for oversight and
 1234  operations of child protection teams and sexual abuse treatment
 1235  programs. The State Surgeon General and the Deputy Secretary for
 1236  Children’s Medical Services, in consultation with the Secretary
 1237  of Children and Families Family Services, shall maintain the
 1238  responsibility for the screening, employment, and, if necessary,
 1239  the termination of child protection team medical directors, at
 1240  headquarters and in the 15 districts. Child protection team
 1241  medical directors shall be responsible for oversight of the
 1242  teams in the districts.
 1243         (1) The Department of Health shall use utilize and convene
 1244  the teams to supplement the assessment and protective
 1245  supervision activities of the family safety and preservation
 1246  program of the Department of Children and Families Family
 1247  Services. Nothing in This section does not shall be construed to
 1248  remove or reduce the duty and responsibility of any person to
 1249  report pursuant to this chapter all suspected or actual cases of
 1250  child abuse, abandonment, or neglect or sexual abuse of a child.
 1251  The role of the teams shall be to support activities of the
 1252  program and to provide services deemed by the teams to be
 1253  necessary and appropriate to abused, abandoned, and neglected
 1254  children upon referral. The specialized diagnostic assessment,
 1255  evaluation, coordination, consultation, and other supportive
 1256  services that a child protection team shall be capable of
 1257  providing include, but are not limited to, the following:
 1258         (a) Medical diagnosis and evaluation services, including
 1259  provision or interpretation of X rays and laboratory tests, and
 1260  related services, as needed, and documentation of related
 1261  findings relative thereto.
 1262         (b) Telephone consultation services in emergencies and in
 1263  other situations.
 1264         (c) Medical evaluation related to abuse, abandonment, or
 1265  neglect, as defined by policy or rule of the Department of
 1266  Health.
 1267         (d) Such psychological and psychiatric diagnosis and
 1268  evaluation services for the child or the child’s parent or
 1269  parents, legal custodian or custodians, or other caregivers, or
 1270  any other individual involved in a child abuse, abandonment, or
 1271  neglect case, as the team may determine to be needed.
 1272         (e) Expert medical, psychological, and related professional
 1273  testimony in court cases.
 1274         (f) Case staffings to develop treatment plans for children
 1275  whose cases have been referred to the team. A child protection
 1276  team may provide consultation with respect to a child who is
 1277  alleged or is shown to be abused, abandoned, or neglected, which
 1278  consultation shall be provided at the request of a
 1279  representative of the family safety and preservation program or
 1280  at the request of any other professional involved with a child
 1281  or the child’s parent or parents, legal custodian or custodians,
 1282  or other caregivers. In every such child protection team case
 1283  staffing, consultation, or staff activity involving a child, a
 1284  family safety and preservation program representative shall
 1285  attend and participate.
 1286         (g) Case service coordination and assistance, including the
 1287  location of services available from other public and private
 1288  agencies in the community.
 1289         (h) Such training services for program and other employees
 1290  of the Department of Children and Families Family Services,
 1291  employees of the Department of Health, and other medical
 1292  professionals as is deemed appropriate to enable them to develop
 1293  and maintain their professional skills and abilities in handling
 1294  child abuse, abandonment, and neglect cases.
 1295         (i) Educational and community awareness campaigns on child
 1296  abuse, abandonment, and neglect in an effort to enable citizens
 1297  more successfully to prevent, identify, and treat child abuse,
 1298  abandonment, and neglect in the community.
 1299         (j) Child protection team assessments that include, as
 1300  appropriate, medical evaluations, medical consultations, family
 1301  psychosocial interviews, specialized clinical interviews, or
 1302  forensic interviews.
 1304  All medical personnel participating on a child protection team
 1305  must successfully complete the required child protection team
 1306  training curriculum as set forth in protocols determined by the
 1307  Deputy Secretary for Children’s Medical Services and the
 1308  Statewide Medical Director for Child Protection. A child
 1309  protection team that is evaluating a report of medical neglect
 1310  and assessing the health care needs of a medically complex child
 1311  shall consult with a physician who has experience in treating
 1312  children with the same condition.
 1313         (2) The child abuse, abandonment, and neglect reports that
 1314  must be referred by the department to child protection teams of
 1315  the Department of Health for an assessment and other appropriate
 1316  available support services as set forth in subsection (1) must
 1317  include cases involving:
 1318         (a) Injuries to the head, bruises to the neck or head,
 1319  burns, or fractures in a child of any age.
 1320         (b) Bruises anywhere on a child 5 years of age or under.
 1321         (c) Any report alleging sexual abuse of a child.
 1322         (d) Any sexually transmitted disease in a prepubescent
 1323  child.
 1324         (e) Reported malnutrition of a child and failure of a child
 1325  to thrive.
 1326         (f) Reported medical neglect of a child.
 1327         (g) Any family in which one or more children have been
 1328  pronounced dead on arrival at a hospital or other health care
 1329  facility, or have been injured and later died, as a result of
 1330  suspected abuse, abandonment, or neglect, when any sibling or
 1331  other child remains in the home.
 1332         (h) Symptoms of serious emotional problems in a child when
 1333  emotional or other abuse, abandonment, or neglect is suspected.
 1334         (3) All abuse and neglect cases transmitted for
 1335  investigation to a district by the hotline must be
 1336  simultaneously transmitted to the Department of Health child
 1337  protection team for review. For the purpose of determining
 1338  whether face-to-face medical evaluation by a child protection
 1339  team is necessary, all cases transmitted to the child protection
 1340  team which meet the criteria in subsection (2) must be timely
 1341  reviewed by:
 1342         (a) A physician licensed under chapter 458 or chapter 459
 1343  who holds board certification in pediatrics and is a member of a
 1344  child protection team;
 1345         (b) A physician licensed under chapter 458 or chapter 459
 1346  who holds board certification in a specialty other than
 1347  pediatrics, who may complete the review only when working under
 1348  the direction of a physician licensed under chapter 458 or
 1349  chapter 459 who holds board certification in pediatrics and is a
 1350  member of a child protection team;
 1351         (c) An advanced registered nurse practitioner licensed
 1352  under chapter 464 who has a specialty speciality in pediatrics
 1353  or family medicine and is a member of a child protection team;
 1354         (d) A physician assistant licensed under chapter 458 or
 1355  chapter 459, who may complete the review only when working under
 1356  the supervision of a physician licensed under chapter 458 or
 1357  chapter 459 who holds board certification in pediatrics and is a
 1358  member of a child protection team; or
 1359         (e) A registered nurse licensed under chapter 464, who may
 1360  complete the review only when working under the direct
 1361  supervision of a physician licensed under chapter 458 or chapter
 1362  459 who holds certification in pediatrics and is a member of a
 1363  child protection team.
 1364         (4) A face-to-face medical evaluation by a child protection
 1365  team is not necessary when:
 1366         (a) The child was examined for the alleged abuse or neglect
 1367  by a physician who is not a member of the child protection team,
 1368  and a consultation between the child protection team board
 1369  certified pediatrician, advanced registered nurse practitioner,
 1370  physician assistant working under the supervision of a child
 1371  protection team board-certified pediatrician, or registered
 1372  nurse working under the direct supervision of a child protection
 1373  team board-certified pediatrician, and the examining physician
 1374  concludes that a further medical evaluation is unnecessary;
 1375         (b) The child protective investigator, with supervisory
 1376  approval, has determined, after conducting a child safety
 1377  assessment, that there are no indications of injuries as
 1378  described in paragraphs (2)(a)-(h) as reported; or
 1379         (c) The child protection team board-certified pediatrician,
 1380  as authorized in subsection (3), determines that a medical
 1381  evaluation is not required.
 1383  Notwithstanding paragraphs (a), (b), and (c), a child protection
 1384  team pediatrician, as authorized in subsection (3), may
 1385  determine that a face-to-face medical evaluation is necessary.
 1386         (5) In all instances in which a child protection team is
 1387  providing certain services to abused, abandoned, or neglected
 1388  children, other offices and units of the Department of Health,
 1389  and offices and units of the Department of Children and Families
 1390  Family Services, shall avoid duplicating the provision of those
 1391  services.
 1392         (6) The Department of Health child protection team quality
 1393  assurance program and the Family Safety Program Office of the
 1394  Department of Children and Families Family Services’ Family
 1395  Safety Program Office quality assurance program shall
 1396  collaborate to ensure referrals and responses to child abuse,
 1397  abandonment, and neglect reports are appropriate. Each quality
 1398  assurance program shall include a review of records in which
 1399  there are no findings of abuse, abandonment, or neglect, and the
 1400  findings of these reviews shall be included in each department’s
 1401  quality assurance reports.
 1402         Section 10. Section 39.3068, Florida Statutes, is created
 1403  to read:
 1404         39.3068 Reports of medical neglect.—
 1405         (1) Upon receiving a report alleging medical neglect, the
 1406  department or sheriff’s office shall assign the case to a child
 1407  protective investigator who has specialized training in
 1408  addressing medical neglect or working with medically complex
 1409  children, if such investigator is available. If a child
 1410  protective investigator with specialized training is not
 1411  available, the child protective investigator shall consult with
 1412  department staff with such expertise.
 1413         (2) The child protective investigator who has interacted
 1414  with the child and the child’s family shall promptly contact and
 1415  provide information to the child protection team. The child
 1416  protection team shall assist the child protective investigator
 1417  in identifying immediate responses to address the medical needs
 1418  of the child with the priority of maintaining the child in the
 1419  home if the parents will be able to meet the needs of the child
 1420  with additional services. The child protective investigator and
 1421  the child protection team must use a family-centered approach to
 1422  assess the capacity of the family to meet those needs. A family
 1423  centered approach is intended to increase independence on the
 1424  part of the family, accessibility to programs and services
 1425  within the community, and collaboration between families and
 1426  their service providers. The ethnic, cultural, economic, racial,
 1427  social, and religious diversity of families must be respected
 1428  and considered in the development and provision of services.
 1429         (3) The child shall be evaluated by the child protection
 1430  team as soon as practicable. After receipt of the report from
 1431  the child protection team, the department shall convene a case
 1432  staffing which shall be attended, at a minimum, by the child
 1433  protective investigator; department legal staff; and
 1434  representatives from the child protection team that evaluated
 1435  the child, Children’s Medical Services, the Agency for Health
 1436  Care Administration, the community-based care lead agency, and
 1437  any providers of services to the child. However, the Agency for
 1438  Health Care Administration is not required to attend the
 1439  staffing if the child is not Medicaid-eligible. The staffing
 1440  shall consider, at a minimum, available services, given the
 1441  family’s eligibility for services; services that are effective
 1442  in addressing conditions leading to medical neglect allegations;
 1443  and services that would enable the child to safely remain at
 1444  home. Any services that are available and effective, shall be
 1445  provided.
 1446         Section 11. Section 39.307, Florida Statutes, is amended to
 1447  read:
 1448         39.307 Reports of child-on-child sexual abuse.—
 1449         (1) Upon receiving a report alleging juvenile sexual abuse
 1450  or inappropriate sexual behavior as defined in s. 39.01(7), the
 1451  department shall assist the family, child, and caregiver in
 1452  receiving appropriate services to address the allegations of the
 1453  report.
 1454         (a) The department shall ensure that information describing
 1455  the child’s history of child sexual abuse is included in the
 1456  child’s electronic record. This record must also include
 1457  information describing the services the child has received as a
 1458  result of his or her involvement with child sexual abuse.
 1459         (b) Placement decisions for a child who has been involved
 1460  with child sexual abuse must include consideration of the needs
 1461  of the child and any other children in the placement.
 1462         (c) The department shall monitor the occurrence of child
 1463  sexual abuse and the provision of services to children involved
 1464  in child sexual abuse, juvenile sexual abuse, or who have
 1465  displayed inappropriate sexual behavior.
 1466         (2) The department, contracted sheriff’s office providing
 1467  protective investigation services, or contracted case management
 1468  personnel responsible for providing services, at a minimum,
 1469  shall adhere to the following procedures:
 1470         (a) The purpose of the response to a report alleging
 1471  juvenile sexual abuse behavior or inappropriate sexual behavior
 1472  shall be explained to the caregiver.
 1473         1. The purpose of the response shall be explained in a
 1474  manner consistent with legislative purpose and intent provided
 1475  in this chapter.
 1476         2. The name and office telephone number of the person
 1477  responding shall be provided to the caregiver of the alleged
 1478  abuser juvenile sexual offender or child who has exhibited
 1479  inappropriate sexual behavior and the victim’s caregiver.
 1480         3. The possible consequences of the department’s response,
 1481  including outcomes and services, shall be explained to the
 1482  caregiver of the alleged abuser juvenile sexual offender or
 1483  child who has exhibited inappropriate sexual behavior and the
 1484  victim’s caregiver.
 1485         (b) The caregiver of the alleged abuser juvenile sexual
 1486  offender or child who has exhibited inappropriate sexual
 1487  behavior and the victim’s caregiver shall be involved to the
 1488  fullest extent possible in determining the nature of the sexual
 1489  behavior concerns and the nature of any problem or risk to other
 1490  children.
 1491         (c) The assessment of risk and the perceived treatment
 1492  needs of the alleged abuser juvenile sexual offender or child
 1493  who has exhibited inappropriate sexual behavior, the victim, and
 1494  respective caregivers shall be conducted by the district staff,
 1495  the child protection team of the Department of Health, and other
 1496  providers under contract with the department to provide services
 1497  to the caregiver of the alleged offender, the victim, and the
 1498  victim’s caregiver.
 1499         (d) The assessment shall be conducted in a manner that is
 1500  sensitive to the social, economic, and cultural environment of
 1501  the family.
 1502         (e) If necessary, the child protection team of the
 1503  Department of Health shall conduct a physical examination of the
 1504  victim, which is sufficient to meet forensic requirements.
 1505         (f) Based on the information obtained from the alleged
 1506  abuser juvenile sexual offender or child who has exhibited
 1507  inappropriate sexual behavior, his or her caregiver, the victim,
 1508  and the victim’s caregiver, an assessment of service and
 1509  treatment needs must be completed and, if needed, a case plan
 1510  developed within 30 days.
 1511         (g) The department shall classify the outcome of the report
 1512  as follows:
 1513         1. Report closed. Services were not offered because the
 1514  department determined that there was no basis for intervention.
 1515         2. Services accepted by alleged abuser juvenile sexual
 1516  offender. Services were offered to the alleged abuser juvenile
 1517  sexual offender or child who has exhibited inappropriate sexual
 1518  behavior and accepted by the caregiver.
 1519         3. Report closed. Services were offered to the alleged
 1520  abuser juvenile sexual offender or child who has exhibited
 1521  inappropriate sexual behavior, but were rejected by the
 1522  caregiver.
 1523         4. Notification to law enforcement. The risk to the
 1524  victim’s safety and well-being cannot be reduced by the
 1525  provision of services or the caregiver rejected services, and
 1526  notification of the alleged delinquent act or violation of law
 1527  to the appropriate law enforcement agency was initiated.
 1528         5. Services accepted by victim. Services were offered to
 1529  the victim and accepted by the caregiver.
 1530         6. Report closed. Services were offered to the victim but
 1531  were rejected by the caregiver.
 1532         (3) If services have been accepted by the alleged abuser
 1533  juvenile sexual offender or child who has exhibited
 1534  inappropriate sexual behavior, the victim, and respective
 1535  caregivers, the department shall designate a case manager and
 1536  develop a specific case plan.
 1537         (a) Upon receipt of the plan, the caregiver shall indicate
 1538  its acceptance of the plan in writing.
 1539         (b) The case manager shall periodically review the progress
 1540  toward achieving the objectives of the plan in order to:
 1541         1. Make adjustments to the plan or take additional action
 1542  as provided in this part; or
 1543         2. Terminate the case if indicated by successful or
 1544  substantial achievement of the objectives of the plan.
 1545         (4) Services provided to the alleged abuser juvenile sexual
 1546  offender or child who has exhibited inappropriate sexual
 1547  behavior, the victim, and respective caregivers or family must
 1548  be voluntary and of necessary duration.
 1549         (5) If the family or caregiver of the alleged abuser
 1550  juvenile sexual offender or child who has exhibited
 1551  inappropriate sexual behavior fails to adequately participate or
 1552  allow for the adequate participation of the child in the
 1553  services or treatment delineated in the case plan, the case
 1554  manager may recommend that the department:
 1555         (a) Close the case;
 1556         (b) Refer the case to mediation or arbitration, if
 1557  available; or
 1558         (c) Notify the appropriate law enforcement agency of
 1559  failure to comply.
 1560         (6) At any time, as a result of additional information,
 1561  findings of facts, or changing conditions, the department may
 1562  pursue a child protective investigation as provided in this
 1563  chapter.
 1564         (7) The department may adopt is authorized to develop rules
 1565  and other policy directives necessary to administer implement
 1566  the provisions of this section.
 1567         Section 12. Paragraph (h) of subsection (8) and subsection
 1568  (9) of section 39.402, Florida Statutes, are amended to read:
 1569         39.402 Placement in a shelter.—
 1570         (8)
 1571         (h) The order for placement of a child in shelter care must
 1572  identify the parties present at the hearing and must contain
 1573  written findings:
 1574         1. That placement in shelter care is necessary based on the
 1575  criteria in subsections (1) and (2).
 1576         2. That placement in shelter care is in the best interest
 1577  of the child.
 1578         3. That continuation of the child in the home is contrary
 1579  to the welfare of the child because the home situation presents
 1580  a substantial and immediate danger to the child’s physical,
 1581  mental, or emotional health or safety which cannot be mitigated
 1582  by the provision of preventive services.
 1583         4. That based upon the allegations of the petition for
 1584  placement in shelter care, there is probable cause to believe
 1585  that the child is dependent or that the court needs additional
 1586  time, which may not exceed 72 hours, in which to obtain and
 1587  review documents pertaining to the family in order to
 1588  appropriately determine the risk to the child.
 1589         5. That the department has made reasonable efforts to
 1590  prevent or eliminate the need for removal of the child from the
 1591  home. A finding of reasonable effort by the department to
 1592  prevent or eliminate the need for removal may be made and the
 1593  department is deemed to have made reasonable efforts to prevent
 1594  or eliminate the need for removal if:
 1595         a. The first contact of the department with the family
 1596  occurs during an emergency;
 1597         b. The appraisal of the home situation by the department
 1598  indicates that the home situation presents a substantial and
 1599  immediate danger to the child’s physical, mental, or emotional
 1600  health or safety which cannot be mitigated by the provision of
 1601  preventive services;
 1602         c. The child cannot safely remain at home, either because
 1603  there are no preventive services that can ensure the health and
 1604  safety of the child or because, even with appropriate and
 1605  available services being provided, the health and safety of the
 1606  child cannot be ensured; or
 1607         d. The parent or legal custodian is alleged to have
 1608  committed any of the acts listed as grounds for expedited
 1609  termination of parental rights in s. 39.806(1)(f)-(i).
 1610         6. That the department has made reasonable efforts to keep
 1611  siblings together if they are removed and placed in out-of-home
 1612  care unless such placement is not in the best interest of each
 1613  child. Reasonable efforts shall include short-term placement in
 1614  a group home with the ability to accommodate sibling groups if
 1615  such a placement is available. The department shall report to
 1616  the court its efforts to place siblings together unless the
 1617  court finds that such placement is not in the best interest of a
 1618  child or his or her sibling.
 1619         7.6. That the court notified the parents, relatives that
 1620  are providing out-of-home care for the child, or legal
 1621  custodians of the time, date, and location of the next
 1622  dependency hearing and of the importance of the active
 1623  participation of the parents, relatives that are providing out
 1624  of-home care for the child, or legal custodians in all
 1625  proceedings and hearings.
 1626         8.7. That the court notified the parents or legal
 1627  custodians of their right to counsel to represent them at the
 1628  shelter hearing and at each subsequent hearing or proceeding,
 1629  and the right of the parents to appointed counsel, pursuant to
 1630  the procedures set forth in s. 39.013.
 1631         9.8. That the court notified relatives who are providing
 1632  out-of-home care for a child as a result of the shelter petition
 1633  being granted that they have the right to attend all subsequent
 1634  hearings, to submit reports to the court, and to speak to the
 1635  court regarding the child, if they so desire.
 1636         (9)(a) At any shelter hearing, the department shall provide
 1637  to the court a recommendation for scheduled contact between the
 1638  child and parents, if appropriate. The court shall determine
 1639  visitation rights absent a clear and convincing showing that
 1640  visitation is not in the best interest of the child. Any order
 1641  for visitation or other contact must conform to the provisions
 1642  of s. 39.0139. If visitation is ordered but will not commence
 1643  within 72 hours of the shelter hearing, the department shall
 1644  provide justification to the court.
 1645         (b) If siblings who are removed from the home cannot be
 1646  placed together, the department shall provide to the court a
 1647  recommendation for frequent visitation or other ongoing
 1648  interaction between the siblings unless this interaction would
 1649  be contrary to a sibling’s safety or well-being. If visitation
 1650  among siblings is ordered but will not commence within 72 hours
 1651  after the shelter hearing, the department shall provide
 1652  justification to the court for the delay.
 1653         Section 13. Paragraph (d) of subsection (3) of section
 1654  39.501, Florida Statutes, is amended to read:
 1655         39.501 Petition for dependency.—
 1656         (3)
 1657         (d) The petitioner must state in the petition, if known,
 1658  whether:
 1659         1. A parent or legal custodian named in the petition has
 1660  previously unsuccessfully participated in voluntary services
 1661  offered by the department;
 1662         2. A parent or legal custodian named in the petition has
 1663  participated in mediation and whether a mediation agreement
 1664  exists;
 1665         3. A parent or legal custodian has rejected the voluntary
 1666  services offered by the department;
 1667         4. A parent or legal custodian named in the petition has
 1668  not fully complied with a safety plan; or
 1669         5.4. The department has determined that voluntary services
 1670  are not appropriate for the parent or legal custodian and the
 1671  reasons for such determination.
 1673  If the department is the petitioner, it shall provide all safety
 1674  assessments and safety plans involving the parent or legal
 1675  custodian to the court.
 1676         Section 14. Paragraph (a) of subsection (4) of section
 1677  39.504, Florida Statutes, is amended to read:
 1678         39.504 Injunction pending disposition of petition;
 1679  penalty.—
 1680         (4) If an injunction is issued under this section, the
 1681  primary purpose of the injunction must be to protect and promote
 1682  the best interests of the child, taking the preservation of the
 1683  child’s immediate family into consideration.
 1684         (a) The injunction applies to the alleged or actual
 1685  offender in a case of child abuse or acts of domestic violence.
 1686  The conditions of the injunction shall be determined by the
 1687  court, which may include ordering the alleged or actual offender
 1688  to:
 1689         1. Refrain from further abuse or acts of domestic violence.
 1690         2. Participate in a specialized treatment program.
 1691         3. Limit contact or communication with the child victim,
 1692  other children in the home, or any other child.
 1693         4. Refrain from contacting the child at home, school, work,
 1694  or wherever the child may be found.
 1695         5. Have limited or supervised visitation with the child.
 1696         6. Vacate the home in which the child resides.
 1697         7. Comply with the terms of a safety plan implemented in
 1698  the injunction pursuant to s. 39.301.
 1699         Section 15. Section 39.5085, Florida Statutes, is amended
 1700  to read:
 1701         39.5085 Relative Caregiver Program.—
 1702         (1) It is the intent of the Legislature in enacting this
 1703  section to:
 1704         (a) Provide for the establishment of procedures and
 1705  protocols that serve to advance the continued safety of children
 1706  by acknowledging the valued resource uniquely available through
 1707  grandparents, and relatives of children, and specified
 1708  nonrelatives of children pursuant to subparagraph (2)(a)3.
 1709         (b) Recognize family relationships in which a grandparent
 1710  or other relative is the head of a household that includes a
 1711  child otherwise at risk of foster care placement.
 1712         (c) Enhance family preservation and stability by
 1713  recognizing that most children in such placements with
 1714  grandparents and other relatives do not need intensive
 1715  supervision of the placement by the courts or by the department.
 1716         (d) Recognize that permanency in the best interests of the
 1717  child can be achieved through a variety of permanency options,
 1718  including permanent guardianship under s. 39.6221 if the
 1719  guardian is a relative, by permanent placement with a fit and
 1720  willing relative under s. 39.6231, by a relative, guardianship
 1721  under chapter 744, or adoption, by providing additional
 1722  placement options and incentives that will achieve permanency
 1723  and stability for many children who are otherwise at risk of
 1724  foster care placement because of abuse, abandonment, or neglect,
 1725  but who may successfully be able to be placed by the dependency
 1726  court in the care of such relatives.
 1727         (e) Reserve the limited casework and supervisory resources
 1728  of the courts and the department for those cases in which
 1729  children do not have the option for safe, stable care within the
 1730  family.
 1731         (f) Recognize that a child may have a close relationship
 1732  with a person who is not a blood relative or a relative by
 1733  marriage and that such person should be eligible for financial
 1734  assistance under this section if he or she is able and willing
 1735  to care for the child and provide a safe, stable home
 1736  environment.
 1737         (2)(a) The Department of Children and Families Family
 1738  Services shall establish and operate the Relative Caregiver
 1739  Program pursuant to eligibility guidelines established in this
 1740  section as further implemented by rule of the department. The
 1741  Relative Caregiver Program shall, within the limits of available
 1742  funding, provide financial assistance to:
 1743         1. Relatives who are within the fifth degree by blood or
 1744  marriage to the parent or stepparent of a child and who are
 1745  caring full-time for that dependent child in the role of
 1746  substitute parent as a result of a court’s determination of
 1747  child abuse, neglect, or abandonment and subsequent placement
 1748  with the relative under this chapter.
 1749         2. Relatives who are within the fifth degree by blood or
 1750  marriage to the parent or stepparent of a child and who are
 1751  caring full-time for that dependent child, and a dependent half
 1752  brother or half-sister of that dependent child, in the role of
 1753  substitute parent as a result of a court’s determination of
 1754  child abuse, neglect, or abandonment and subsequent placement
 1755  with the relative under this chapter.
 1756         3. Nonrelatives who are willing to assume custody and care
 1757  of a dependent child and a dependent half-brother or half-sister
 1758  of that dependent child in the role of substitute parent as a
 1759  result of a court’s determination of child abuse, neglect, or
 1760  abandonment and subsequent placement with the nonrelative
 1761  caregiver under this chapter. The court must find that a
 1762  proposed placement under this subparagraph is in the best
 1763  interest of the child.
 1765  The placement may be court-ordered temporary legal custody to
 1766  the relative or nonrelative under protective supervision of the
 1767  department pursuant to s. 39.521(1)(b)3., or court-ordered
 1768  placement in the home of a relative or nonrelative as a
 1769  permanency option under s. 39.6221 or s. 39.6231 or under former
 1770  s. 39.622 if the placement was made before July 1, 2006. The
 1771  Relative Caregiver Program shall offer financial assistance to
 1772  caregivers who are relatives and who would be unable to serve in
 1773  that capacity without the relative caregiver payment because of
 1774  financial burden, thus exposing the child to the trauma of
 1775  placement in a shelter or in foster care.
 1776         (b) Caregivers who are relatives and who receive assistance
 1777  under this section must be capable, as determined by a home
 1778  study, of providing a physically safe environment and a stable,
 1779  supportive home for the children under their care, and must
 1780  assure that the children’s well-being is met, including, but not
 1781  limited to, the provision of immunizations, education, and
 1782  mental health services as needed.
 1783         (c) Relatives or nonrelatives who qualify for and
 1784  participate in the Relative Caregiver Program are not required
 1785  to meet foster care licensing requirements under s. 409.175.
 1786         (d) Relatives or nonrelatives who are caring for children
 1787  placed with them by the court pursuant to this chapter shall
 1788  receive a special monthly relative caregiver benefit established
 1789  by rule of the department. The amount of the special benefit
 1790  payment shall be based on the child’s age within a payment
 1791  schedule established by rule of the department and subject to
 1792  availability of funding. The statewide average monthly rate for
 1793  children judicially placed with relatives or nonrelatives who
 1794  are not licensed as foster homes may not exceed 82 percent of
 1795  the statewide average foster care rate, and nor may the cost of
 1796  providing the assistance described in this section to any
 1797  relative caregiver may not exceed the cost of providing out-of
 1798  home care in emergency shelter or foster care.
 1799         (e) Children receiving cash benefits under this section are
 1800  not eligible to simultaneously receive WAGES cash benefits under
 1801  chapter 414.
 1802         (f) Within available funding, the Relative Caregiver
 1803  Program shall provide relative caregivers with family support
 1804  and preservation services, flexible funds in accordance with s.
 1805  409.165, school readiness, and other available services in order
 1806  to support the child’s safety, growth, and healthy development.
 1807  Children living with relative caregivers who are receiving
 1808  assistance under this section shall be eligible for Medicaid
 1809  coverage.
 1810         (g) The department may use appropriate available state,
 1811  federal, and private funds to operate the Relative Caregiver
 1812  Program. The department may develop liaison functions to be
 1813  available to relatives or nonrelatives who care for children
 1814  pursuant to this chapter to ensure placement stability in
 1815  extended family settings.
 1816         Section 16. Subsections (3) and (4) of section 39.604,
 1817  Florida Statutes, are amended to read:
 1818         39.604 Rilya Wilson Act; short title; legislative intent;
 1819  requirements; attendance and reporting responsibilities.—
 1820         (3) REQUIREMENTS.—A child from birth to the age of who is
 1821  age 3 years to school entry, under court-ordered court ordered
 1822  protective supervision or in the custody of the Family Safety
 1823  Program Office of the Department of Children and Families Family
 1824  Services or a community-based lead agency, and enrolled in a
 1825  licensed early education or child care program must attend be
 1826  enrolled to participate in the program 5 days a week.
 1827  Notwithstanding the requirements of s. 39.202, the Department of
 1828  Children and Families Family Services must notify operators of
 1829  the licensed early education or child care program, subject to
 1830  the reporting requirements of this act, of the enrollment of any
 1831  child from birth to the age of age 3 years to school entry,
 1832  under court-ordered court ordered protective supervision or in
 1833  the custody of the Family Safety Program Office of the
 1834  Department of Children and Families Family Services or a
 1835  community-based lead agency. When a child is enrolled in an
 1836  early education or child care program regulated by the
 1837  department, the child’s attendance in the program must be a
 1838  required action in the safety plan or the case plan developed
 1839  for the a child pursuant to this chapter who is enrolled in a
 1840  licensed early education or child care program must contain the
 1841  participation in this program as a required action. An exemption
 1842  to participating in the licensed early education or child care
 1843  program 5 days a week may be granted by the court.
 1845         (a) A child enrolled in a licensed early education or child
 1846  care program who meets the requirements of subsection (3) may
 1847  not be withdrawn from the program without the prior written
 1848  approval of the Family Safety Program Office of the Department
 1849  of Children and Families Family Services or the community-based
 1850  lead agency.
 1851         (b)1. If a child covered by this section is absent from the
 1852  program on a day when he or she is supposed to be present, the
 1853  person with whom the child resides must report the absence to
 1854  the program by the end of the business day. If the person with
 1855  whom the child resides, whether the parent or caregiver, fails
 1856  to timely report the absence, the absence is considered to be
 1857  unexcused. The program shall report any unexcused absence or
 1858  seven consecutive excused absences of a child who is enrolled in
 1859  the program and covered by this act to the local designated
 1860  staff of the Family Safety Program Office of the Department of
 1861  Children and Families Family Services or the community-based
 1862  lead agency by the end of the business day following the
 1863  unexcused absence or seventh consecutive excused absence.
 1864         2. The department or community-based lead agency shall
 1865  conduct a site visit to the residence of the child upon
 1866  receiving a report of two consecutive unexcused absences or
 1867  seven consecutive excused absences.
 1868         3. If the site visit results in a determination that the
 1869  child is missing, the department or community-based lead agency
 1870  shall report the child as missing to a law enforcement agency
 1871  and proceed with the necessary actions to locate the child
 1872  pursuant to procedures for locating missing children.
 1873         4. If the site visit results in a determination that the
 1874  child is not missing, the parent or caregiver shall be notified
 1875  that failure to ensure that the child attends the licensed early
 1876  education or child care program is a violation of the safety
 1877  plan or the case plan. If more than two site visits are
 1878  conducted pursuant to this subsection, staff shall initiate
 1879  action to notify the court of the parent or caregiver’s
 1880  noncompliance with the case plan.
 1881         Section 17. Paragraph (c) of subsection (2) and paragraph
 1882  (a) of subsection (3) of section 39.701, Florida Statutes, are
 1883  amended to read:
 1884         39.701 Judicial review.—
 1886  AGE.—
 1887         (c) Review determinations.—The court and any citizen review
 1888  panel shall take into consideration the information contained in
 1889  the social services study and investigation and all medical,
 1890  psychological, and educational records that support the terms of
 1891  the case plan; testimony by the social services agency, the
 1892  parent, the foster parent or legal custodian, the guardian ad
 1893  litem or surrogate parent for educational decisionmaking if one
 1894  has been appointed for the child, and any other person deemed
 1895  appropriate; and any relevant and material evidence submitted to
 1896  the court, including written and oral reports to the extent of
 1897  their probative value. These reports and evidence may be
 1898  received by the court in its effort to determine the action to
 1899  be taken with regard to the child and may be relied upon to the
 1900  extent of their probative value, even though not competent in an
 1901  adjudicatory hearing. In its deliberations, the court and any
 1902  citizen review panel shall seek to determine:
 1903         1. If the parent was advised of the right to receive
 1904  assistance from any person or social service agency in the
 1905  preparation of the case plan.
 1906         2. If the parent has been advised of the right to have
 1907  counsel present at the judicial review or citizen review
 1908  hearings. If not so advised, the court or citizen review panel
 1909  shall advise the parent of such right.
 1910         3. If a guardian ad litem needs to be appointed for the
 1911  child in a case in which a guardian ad litem has not previously
 1912  been appointed or if there is a need to continue a guardian ad
 1913  litem in a case in which a guardian ad litem has been appointed.
 1914         4. Who holds the rights to make educational decisions for
 1915  the child. If appropriate, the court may refer the child to the
 1916  district school superintendent for appointment of a surrogate
 1917  parent or may itself appoint a surrogate parent under the
 1918  Individuals with Disabilities Education Act and s. 39.0016.
 1919         5. The compliance or lack of compliance of all parties with
 1920  applicable items of the case plan, including the parents’
 1921  compliance with child support orders.
 1922         6. The compliance or lack of compliance with a visitation
 1923  contract between the parent and the social service agency for
 1924  contact with the child, including the frequency, duration, and
 1925  results of the parent-child visitation and the reason for any
 1926  noncompliance.
 1927         7. The frequency, kind, and duration of contacts among
 1928  siblings who have been separated during placement, as well as
 1929  any efforts undertaken to reunite separated siblings if doing so
 1930  is in the best interest of the child.
 1931         8.7. The compliance or lack of compliance of the parent in
 1932  meeting specified financial obligations pertaining to the care
 1933  of the child, including the reason for failure to comply, if
 1934  applicable such is the case.
 1935         9.8. Whether the child is receiving safe and proper care
 1936  according to s. 39.6012, including, but not limited to, the
 1937  appropriateness of the child’s current placement, including
 1938  whether the child is in a setting that is as family-like and as
 1939  close to the parent’s home as possible, consistent with the
 1940  child’s best interests and special needs, and including
 1941  maintaining stability in the child’s educational placement, as
 1942  documented by assurances from the community-based care provider
 1943  that:
 1944         a. The placement of the child takes into account the
 1945  appropriateness of the current educational setting and the
 1946  proximity to the school in which the child is enrolled at the
 1947  time of placement.
 1948         b. The community-based care agency has coordinated with
 1949  appropriate local educational agencies to ensure that the child
 1950  remains in the school in which the child is enrolled at the time
 1951  of placement.
 1952         10.9. A projected date likely for the child’s return home
 1953  or other permanent placement.
 1954         11.10. When appropriate, the basis for the unwillingness or
 1955  inability of the parent to become a party to a case plan. The
 1956  court and the citizen review panel shall determine if the
 1957  efforts of the social service agency to secure party
 1958  participation in a case plan were sufficient.
 1959         12.11. For a child who has reached 13 years of age but is
 1960  not yet 18 years of age, the adequacy of the child’s preparation
 1961  for adulthood and independent living.
 1962         13.12. If amendments to the case plan are required.
 1963  Amendments to the case plan must be made under s. 39.6013.
 1965         (a) In addition to the review and report required under
 1966  paragraphs (1)(a) and (2)(a), respectively, the court shall hold
 1967  a judicial review hearing within 90 days after a child’s 17th
 1968  birthday. The court shall also issue an order, separate from the
 1969  order on judicial review, that the disability of nonage of the
 1970  child has been removed pursuant to ss. 743.044, 743.045, and
 1971  743.046, and for any of these disabilities that the court finds
 1972  is in the child’s best interest to remove. The court s. 743.045
 1973  and shall continue to hold timely judicial review hearings. If
 1974  necessary, the court may review the status of the child more
 1975  frequently during the year before the child’s 18th birthday. At
 1976  each review hearing held under this subsection, in addition to
 1977  any information or report provided to the court by the foster
 1978  parent, legal custodian, or guardian ad litem, the child shall
 1979  be given the opportunity to address the court with any
 1980  information relevant to the child’s best interest, particularly
 1981  in relation to independent living transition services. The
 1982  department shall include in the social study report for judicial
 1983  review written verification that the child has:
 1984         1. A current Medicaid card and all necessary information
 1985  concerning the Medicaid program sufficient to prepare the child
 1986  to apply for coverage upon reaching the age of 18, if such
 1987  application is appropriate.
 1988         2. A certified copy of the child’s birth certificate and,
 1989  if the child does not have a valid driver license, a Florida
 1990  identification card issued under s. 322.051.
 1991         3. A social security card and information relating to
 1992  social security insurance benefits if the child is eligible for
 1993  those benefits. If the child has received such benefits and they
 1994  are being held in trust for the child, a full accounting of
 1995  these funds must be provided and the child must be informed as
 1996  to how to access those funds.
 1997         4. All relevant information related to the Road-to
 1998  Independence Program, including, but not limited to, eligibility
 1999  requirements, information on participation, and assistance in
 2000  gaining admission to the program. If the child is eligible for
 2001  the Road-to-Independence Program, he or she must be advised that
 2002  he or she may continue to reside with the licensed family home
 2003  or group care provider with whom the child was residing at the
 2004  time the child attained his or her 18th birthday, in another
 2005  licensed family home, or with a group care provider arranged by
 2006  the department.
 2007         5. An open bank account or the identification necessary to
 2008  open a bank account and to acquire essential banking and
 2009  budgeting skills.
 2010         6. Information on public assistance and how to apply for
 2011  public assistance.
 2012         7. A clear understanding of where he or she will be living
 2013  on his or her 18th birthday, how living expenses will be paid,
 2014  and the educational program or school in which he or she will be
 2015  enrolled.
 2016         8. Information related to the ability of the child to
 2017  remain in care until he or she reaches 21 years of age under s.
 2018  39.013.
 2019         9. A letter providing the dates that the child is under the
 2020  jurisdiction of the court.
 2021         10. A letter stating that the child is in compliance with
 2022  financial aid documentation requirements.
 2023         11. The child’s educational records.
 2024         12. The child’s entire health and mental health records.
 2025         13. The process for accessing his or her case file.
 2026         14. A statement encouraging the child to attend all
 2027  judicial review hearings occurring after the child’s 17th
 2028  birthday.
 2029         Section 18. Subsection (2) of section 39.802, Florida
 2030  Statutes, is amended to read:
 2031         39.802 Petition for termination of parental rights; filing;
 2032  elements.—
 2033         (2) The form of the petition is governed by the Florida
 2034  Rules of Juvenile Procedure. The petition must be in writing and
 2035  signed by the petitioner or, if the department is the
 2036  petitioner, by an employee of the department, under oath stating
 2037  the petitioner’s good faith in filing the petition.
 2038         Section 19. Paragraph (g) of subsection (1) of section
 2039  63.212, Florida Statutes, is amended to read:
 2040         63.212 Prohibited acts; penalties for violation.—
 2041         (1) It is unlawful for any person:
 2042         (g) Except an adoption entity, to advertise or offer to the
 2043  public, in any way, by any medium whatever that a minor is
 2044  available for adoption or that a minor is sought for adoption;
 2045  and, further, it is unlawful for any person to publish or
 2046  broadcast any such advertisement or assist an unlicensed person
 2047  or entity in publishing or broadcasting any such advertisement
 2048  without including a Florida license number of the agency or
 2049  attorney placing the advertisement.
 2050         1. Only a person who is an attorney licensed to practice
 2051  law in this state or an adoption entity licensed under the laws
 2052  of this state may place a paid advertisement or paid listing of
 2053  the person’s telephone number, on the person’s own behalf, in a
 2054  telephone directory that:
 2055         a. A child is offered or wanted for adoption; or
 2056         b. The person is able to place, locate, or receive a child
 2057  for adoption.
 2058         2. A person who publishes a telephone directory that is
 2059  distributed in this state:
 2060         a. shall include, at the beginning of any classified
 2061  heading for adoption and adoption services, a statement that
 2062  informs directory users that only attorneys licensed to practice
 2063  law in this state and licensed adoption entities may legally
 2064  provide adoption services under state law.
 2065         3.b.A person who places may publish an advertisement
 2066  described in subparagraph 1. in a the telephone directory must
 2067  include only if the advertisement contains the following
 2068  information:
 2069         a.(I) For an attorney licensed to practice law in this
 2070  state, the person’s Florida Bar number.
 2071         b.(II) For a child placing agency licensed under the laws
 2072  of this state, the number on the person’s adoption entity
 2073  license.
 2074         Section 20. Subsection (1) and paragraph (c) of subsection
 2075  (3) of section 383.402, Florida Statutes, are amended to read:
 2076         383.402 Child abuse death review; State Child Abuse Death
 2077  Review Committee; local child abuse death review committees.—
 2078         (1) It is the intent of the Legislature to establish a
 2079  statewide multidisciplinary, multiagency child abuse death
 2080  assessment and prevention system that consists of state and
 2081  local review committees. The state and local review committees
 2082  shall review the facts and circumstances of all deaths of
 2083  children from birth through age 18 which occur in this state and
 2084  are reported to the central abuse hotline of the Department of
 2085  Children and Families as the result of verified child abuse or
 2086  neglect. The purpose of the review shall be to:
 2087         (a) Achieve a greater understanding of the causes and
 2088  contributing factors of deaths resulting from child abuse.
 2089         (b) Whenever possible, develop a communitywide approach to
 2090  address such cases and contributing factors.
 2091         (c) Identify any gaps, deficiencies, or problems in the
 2092  delivery of services to children and their families by public
 2093  and private agencies which may be related to deaths that are the
 2094  result of child abuse.
 2095         (d) Make and implement recommendations for changes in law,
 2096  rules, and policies, as well as develop practice standards that
 2097  support the safe and healthy development of children and reduce
 2098  preventable child abuse deaths.
 2099         (3) The State Child Abuse Death Review Committee shall:
 2100         (c) Prepare an annual statistical report on the incidence
 2101  and causes of death resulting from reported child abuse in the
 2102  state during the prior calendar year. The state committee shall
 2103  submit a copy of the report by October 1 December 31 of each
 2104  year to the Governor, the President of the Senate, and the
 2105  Speaker of the House of Representatives. The report must include
 2106  recommendations for state and local action, including specific
 2107  policy, procedural, regulatory, or statutory changes, and any
 2108  other recommended preventive action.
 2109         Section 21. Subsection (5) of section 402.40, Florida
 2110  Statutes, is amended, and paragraph (g) is added to subsection
 2111  (3) of that section, to read:
 2112         402.40 Child welfare training and certification.—
 2113         (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
 2114  shall approve one or more third-party credentialing entities for
 2115  the purpose of developing and administering child welfare
 2116  certification programs for persons who provide child welfare
 2117  services. A third-party credentialing entity shall request such
 2118  approval in writing from the department. In order to obtain
 2119  approval, the third-party credentialing entity must:
 2120         (g) Maintain an advisory committee, including
 2121  representatives from each region of the department, each
 2122  sheriff’s office providing child protective services, and each
 2123  community-based care lead agency, who shall be appointed by the
 2124  organization they represent. The third-party credentialing
 2125  entity may appoint additional members to the advisory committee.
 2127         (a) The Department of Children and Families Family Services
 2128  shall approve the core competencies and related preservice
 2129  curricula that ensures that each person delivering child welfare
 2130  services obtains the knowledge, skills, and abilities to
 2131  competently carry out his or her work responsibilities.
 2132         (b) The identification of these core competencies and
 2133  development of preservice curricula shall be a collaborative
 2134  effort that includes professionals who have expertise in child
 2135  welfare services, department-approved third-party credentialing
 2136  entities, and providers that will be affected by the curriculum,
 2137  including, but not limited to, representatives from the
 2138  community-based care lead agencies, sheriffs’ offices conducting
 2139  child protection investigations, and child welfare legal
 2140  services providers.
 2141         (c) Community-based care agencies, sheriffs’ offices, and
 2142  the department may contract for the delivery of preservice and
 2143  any additional training for persons delivering child welfare
 2144  services if the curriculum satisfies the department-approved
 2145  core competencies.
 2146         (d) The department may also approve certifications
 2147  involving specializations in serving specific populations or in
 2148  skills relevant to child protection to be awarded to persons
 2149  delivering child welfare services by a third-party credentialing
 2150  entity approved pursuant to subsection (3).
 2151         (e)(d) Department-approved credentialing entities shall,
 2152  for a period of at least 12 months after implementation of the
 2153  third-party child welfare certification programs, grant
 2154  reciprocity and award a child welfare certification to
 2155  individuals who hold current department-issued child welfare
 2156  certification in good standing, at no cost to the department or
 2157  the certificateholder.
 2158         Section 22. Section 402.402, Florida Statutes, is created
 2159  to read:
 2160         402.402 Child protection and child welfare personnel;
 2161  attorneys employed by the department.–
 2162         (1) DEFINITIONS.—As used in this section, the term:
 2163         (a) “Child protection and child welfare personnel” includes
 2164  child protective investigators and child protective investigator
 2165  supervisors employed by the department and case managers and
 2166  case manager supervisors employed by a community-based care lead
 2167  agency or a subcontractor of a community-based care lead agency.
 2168         (b) “Human services-related field” means psychology,
 2169  sociology, counseling, special education, human development,
 2170  child development, family development, marriage and family
 2171  therapy, and nursing.
 2174         (a)On an annual and statewide basis, 80 percent of child
 2175  protective investigators and child protective investigation
 2176  supervisors hired by the department on or after July 1, 2014,
 2177  must have a bachelor’s degree or master’s degree in social work
 2178  from a college or university social work program accredited by
 2179  the Council on Social Work Education. If no viable candidates
 2180  are available, the department may hire a person with a
 2181  bachelor’s degree or master’s degree in a human services-related
 2182  field. However, such employees must complete certification
 2183  pursuant to s. 402.40(3) and complete at least 6 credit hours of
 2184  college level coursework that imparts knowledge and leads to the
 2185  development of skills with direct application to the child
 2186  protection field within 3 years of the date of hire.
 2187         (b) Child protective investigators and child protective
 2188  investigation supervisors employed by the department or a
 2189  sheriff’s office before July 1, 2014, are exempt from the
 2190  requirements of paragraph (a).
 2191         (c) Child protective investigators and child protective
 2192  investigation supervisors employed by a sheriff’s office must
 2193  have a bachelor’s degree and, within 3 years of hire, complete
 2194  at least 6 credit hours of college level coursework that impart
 2195  knowledge and lead to the development of skills with direct
 2196  application to the child protection field.
 2197         (d) All child protective investigators and child protective
 2198  investigation supervisors employed by the department or a
 2199  sheriff’s office must complete specialized training focused on
 2200  serving a specific population, including, but not limited to,
 2201  medically fragile children, sexually exploited children,
 2202  children under 3 years of age, or families with a history of
 2203  domestic violence, mental illness, or substance abuse, or
 2204  focused on performing certain aspects of child protection
 2205  practice, including, but not limited to, investigation
 2206  techniques and analysis of family dynamics. The specialized
 2207  training may be used to fulfill continuing education
 2208  requirements under s. 402.40(3)(e). Individuals hired before
 2209  July 1, 2014, shall complete the specialized training by June
 2210  30, 2016, and individuals hired on or after July 1, 2014, shall
 2211  complete the specialized training within 2 years after hire. An
 2212  individual may receive specialized training in multiple areas.
 2214  WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
 2215  primary responsibility is representing the department in child
 2216  welfare cases shall, within the first 6 months of employment,
 2217  receive training in:
 2218         (a)The dependency court process, including the attorney’s
 2219  role in preparing and reviewing documents prepared for
 2220  dependency court for accuracy and completeness;
 2221         (b)Preparing and presenting child welfare cases, including
 2222  at least 1 week shadowing an experienced children’s legal
 2223  services attorney preparing and presenting cases;
 2224         (c)Safety assessment, safety decisionmaking tools, and
 2225  safety plans;
 2226         (d)Developing information presented by investigators and
 2227  case managers to support decisionmaking in the best interest of
 2228  children; and
 2229         (e)The experiences and techniques of case managers and
 2230  investigators, including shadowing an experienced child
 2231  protective investigator and an experienced case manager for at
 2232  least 8 hours.
 2233         Section 23. Section 402.403, Florida Statutes, is created
 2234  to read:
 2235         402.403 Child Protection and Child Welfare Personnel
 2236  Tuition Exemption Program.—
 2237         (1) There is established within the department the Child
 2238  Protection and Child Welfare Personnel Tuition Exemption Program
 2239  for the purpose of recruiting and retaining high-performing
 2240  individuals who are employed as child protection and child
 2241  welfare personnel as defined in s. 402.402 and who do not
 2242  possess a master’s degree in social work or a certificate in an
 2243  area related to child welfare.
 2244         (2) Child protection and child welfare personnel who meet
 2245  the requirements specified in subsection (3) are exempt from the
 2246  payment of tuition and fees at a state university.
 2247         (3) The department may approve child protection and child
 2248  welfare personnel for the tuition and fee exemption if such
 2249  personnel:
 2250         (a) Are employed as child protection and child welfare
 2251  personnel and are determined by their employers to perform at a
 2252  high level as established by their personnel evaluations; and
 2253         (b) Are accepted in a graduate-level social work program or
 2254  a certificate program related to child welfare which is
 2255  accredited by the Council on Social Work Education.
 2256         (4)Child protection and child welfare personnel who meet
 2257  the requirements specified in subsection (3) may enroll for up
 2258  to 6 credit hours of courses per term.
 2259         (5) Child protection and child welfare personnel who are
 2260  accepted into a graduate-level social work program or a
 2261  certificate program related to child welfare which is accredited
 2262  by the Council on Social Work Education shall take courses
 2263  associated with the degree or certificate program online if such
 2264  courses are offered online.
 2265         Section 24. Section 402.404, Florida Statutes, is created
 2266  to read:
 2267         402.404 Child Protective Investigator and Supervisor
 2268  Student Loan Forgiveness Program.—
 2269         (1) There is established within the department the Child
 2270  Protective Investigator and Supervisor Student Loan Forgiveness
 2271  Program. The purpose of the program is to increase employment
 2272  and retention of high-performing individuals who have either a
 2273  bachelor’s degree or a master’s degree in social work and work
 2274  in child protection or child welfare for the department, a
 2275  community-based care lead agency, or a community-based care
 2276  subcontractor by making payments toward loans received by
 2277  students from federal or state programs or commercial lending
 2278  institutions for the support of prior postsecondary study in
 2279  accredited social work programs.
 2280         (2) To be eligible for the program, a candidate must:
 2281         (a) Be employed by the department as a child protective
 2282  investigator or a child protective investigation supervisor or
 2283  be employed by a community-based care lead agency or
 2284  subcontractor as a case manager or case manager supervisor;
 2285         (b) Be determined by the department or his or her employer
 2286  to have a high level of performance based on his or her personal
 2287  evaluation; and
 2288         (c) Have graduated from an accredited social work program
 2289  with either a bachelor’s degree or a master’s degree in social
 2290  work.
 2291         (3) Only loans to pay the costs of tuition, books, fees,
 2292  and living expenses shall be covered.
 2293         (4) The department or lead agency may make loan payments of
 2294  up to $3,000 each year for up to 4 years on behalf of selected
 2295  graduates of an accredited social work program from the funds
 2296  appropriated for this purpose. All payments are contingent upon
 2297  continued proof of employment and shall be made directly to the
 2298  holder of the loan.
 2299         (5) A student who receives a tuition exemption pursuant to
 2300  s. 402.403 is not eligible to participate in the Child
 2301  Protective Investigator and Supervisor Student Loan Forgiveness
 2302  Program.
 2303         (6) The department shall prioritize funds appropriated for
 2304  this purpose to regions with high average caseloads and low
 2305  workforce retention rates.
 2306         Section 25. Section 409.165, Florida Statutes, is amended
 2307  to read:
 2308         409.165 Alternate care for children.—
 2309         (1) Within funds appropriated, the department shall
 2310  establish and supervise a program of emergency shelters, runaway
 2311  shelters, foster homes, group homes, agency-operated group
 2312  treatment homes, nonpsychiatric residential group care
 2313  facilities, psychiatric residential treatment facilities, and
 2314  other appropriate facilities to provide shelter and care for
 2315  dependent children who must be placed away from their families.
 2316  The department, in accordance with outcome established goals
 2317  established in s. 409.986, shall contract for the provision of
 2318  such shelter and care by counties, municipalities, nonprofit
 2319  corporations, and other entities capable of providing needed
 2320  services if:
 2321         (a) The services so provided comply with all department
 2322  standards, policies, and procedures are available;
 2323         (b) The services can be so provided at a reasonable cost
 2324  are more cost-effective than those provided by the department;
 2325  and
 2326         (c) Unless otherwise provided by law, such providers of
 2327  shelter and care are licensed by the department.
 2329  It is the legislative intent that the
 2330         (2) Funds appropriated for the alternate care of children
 2331  as described in this section may be used to meet the needs of
 2332  children in their own homes or those of relatives if the
 2333  children can be safely served in such settings their own homes,
 2334  or the homes of relatives, and the expenditure of funds in such
 2335  manner is equal to or less than the cost of out-of-home
 2336  placement calculated by the department to be an eventual cost
 2337  savings over placement of children.
 2338         (3)(2) The department shall may cooperate with all child
 2339  service institutions or agencies within the state which meet the
 2340  department’s standards in order to maintain a comprehensive,
 2341  coordinated, and inclusive system for promoting and protecting
 2342  the well-being of children, consistent with the goals
 2343  established in s. 409.986 rules for proper care and supervision
 2344  prescribed by the department for the well-being of children.
 2345         (a) The department shall work with the Department of Health
 2346  in the development, use, and monitoring of medical foster homes
 2347  for medically complex children.
 2348         (b) The department shall collaborate with all relevant
 2349  state and local agencies to provide such supports and services
 2350  as may be necessary to maintain medically complex children in
 2351  the least restrictive and most nurturing environment.
 2352         (4)(3) With the written consent of parents, custodians, or
 2353  guardians, or in accordance with those provisions in chapter 39
 2354  that relate to dependent children, the department, under rules
 2355  properly adopted, may place a child:
 2356         (a) With a relative;
 2357         (b) With an adult nonrelative approved by the court for
 2358  long-term custody;
 2359         (c) With a person who is considering the adoption of a
 2360  child in the manner provided for by law;
 2361         (d) When limited, except as provided in paragraph (b), to
 2362  temporary emergency situations, with a responsible adult
 2363  approved by the court;
 2364         (e) With a person or family approved by the department to
 2365  serve as a medical foster home;
 2366         (f)(e) With a person or agency licensed by the department
 2367  in accordance with s. 409.175; or
 2368         (g)(f) In a subsidized independent living situation,
 2369  subject to the provisions of s. 409.1451(4)(c),
 2371  under such conditions as are determined to be for the best
 2372  interests or the welfare of the child. Any child placed in an
 2373  institution or in a family home by the department or its agency
 2374  may be removed by the department or its agency, and such other
 2375  disposition may be made as is for the best interest of the
 2376  child, including transfer of the child to another institution,
 2377  another home, or the home of the child. Expenditure of funds
 2378  appropriated for out-of-home care can be used to meet the needs
 2379  of a child in the child’s own home or the home of a relative if
 2380  the child can be safely served in the child’s own home or that
 2381  of a relative if placement can be avoided by the expenditure of
 2382  such funds, and if the expenditure of such funds in this manner
 2383  is equal to or less than the cost of out-of-home placement
 2384  calculated by the department to be a potential cost savings.
 2385         Section 26. Paragraph (c) of subsection (2) of section
 2386  409.967, Florida Statutes, is amended to read:
 2387         409.967 Managed care plan accountability.—
 2388         (2) The agency shall establish such contract requirements
 2389  as are necessary for the operation of the statewide managed care
 2390  program. In addition to any other provisions the agency may deem
 2391  necessary, the contract must require:
 2392         (c) Access.—
 2393         1. The agency shall establish specific standards for the
 2394  number, type, and regional distribution of providers in managed
 2395  care plan networks to ensure access to care for both adults and
 2396  children. Each plan must maintain a regionwide network of
 2397  providers in sufficient numbers to meet the access standards for
 2398  specific medical services for all recipients enrolled in the
 2399  plan. The exclusive use of mail-order pharmacies may not be
 2400  sufficient to meet network access standards. Consistent with the
 2401  standards established by the agency, provider networks may
 2402  include providers located outside the region. A plan may
 2403  contract with a new hospital facility before the date the
 2404  hospital becomes operational if the hospital has commenced
 2405  construction, will be licensed and operational by January 1,
 2406  2013, and a final order has issued in any civil or
 2407  administrative challenge. Each plan shall establish and maintain
 2408  an accurate and complete electronic database of contracted
 2409  providers, including information about licensure or
 2410  registration, locations and hours of operation, specialty
 2411  credentials and other certifications, specific performance
 2412  indicators, and such other information as the agency deems
 2413  necessary. The database must be available online to both the
 2414  agency and the public and have the capability to compare the
 2415  availability of providers to network adequacy standards and to
 2416  accept and display feedback from each provider’s patients. Each
 2417  plan shall submit quarterly reports to the agency identifying
 2418  the number of enrollees assigned to each primary care provider.
 2419         2. Each managed care plan must publish any prescribed drug
 2420  formulary or preferred drug list on the plan’s website in a
 2421  manner that is accessible to and searchable by enrollees and
 2422  providers. The plan must update the list within 24 hours after
 2423  making a change. Each plan must ensure that the prior
 2424  authorization process for prescribed drugs is readily accessible
 2425  to health care providers, including posting appropriate contact
 2426  information on its website and providing timely responses to
 2427  providers. For Medicaid recipients diagnosed with hemophilia who
 2428  have been prescribed anti-hemophilic-factor replacement
 2429  products, the agency shall provide for those products and
 2430  hemophilia overlay services through the agency’s hemophilia
 2431  disease management program.
 2432         3. Managed care plans, and their fiscal agents or
 2433  intermediaries, must accept prior authorization requests for any
 2434  service electronically.
 2435         4. Managed care plans serving children in the care and
 2436  custody of the Department of Children and Families must maintain
 2437  complete medical, dental, and behavioral health information and
 2438  provide such information to the department for inclusion in the
 2439  state’s child welfare data system. Using such documentation, the
 2440  agency and the department shall determine the plan’s compliance
 2441  with standards for access to medical, dental, and behavioral
 2442  health services; the use of psychotropic medications; and
 2443  followup on all medically necessary services recommended as a
 2444  result of early and periodic screening, diagnosis, and
 2445  treatment.
 2446         Section 27. Paragraph (f) is added to subsection (2) of
 2447  section 409.972, Florida Statutes, to read:
 2448         409.972 Mandatory and voluntary enrollment.—
 2449         (2) The following Medicaid-eligible persons are exempt from
 2450  mandatory managed care enrollment required by s. 409.965, and
 2451  may voluntarily choose to participate in the managed medical
 2452  assistance program:
 2453         (f) Medicaid recipients residing in a group home facility
 2454  licensed under chapter 393.
 2455         Section 28. The Division of Law Revision and Information is
 2456  directed to create part V of chapter 409, Florida Statutes,
 2457  consisting of ss. 409.986-409.998, to be entitled “Community
 2458  based child welfare.”
 2459         Section 29. Section 409.986, Florida Statutes, is created
 2460  to read:
 2461         409.986 Legislative findings and intent; child protection
 2462  and child welfare outcomes; definitions.—
 2464         (a) It is the intent of the Legislature that the Department
 2465  of Children and Families provide child protection and child
 2466  welfare services to children through contracting with community
 2467  based care lead agencies. It is the further intent of the
 2468  Legislature that communities have responsibility for and
 2469  participate in ensuring safety, permanence, and well-being for
 2470  all children in the state.
 2471         (b) The Legislature finds that when private entities assume
 2472  responsibility for the care of children in the child protection
 2473  and child welfare system, comprehensive oversight of the
 2474  programmatic, administrative, and fiscal operation of those
 2475  entities is essential. The Legislature further finds that the
 2476  appropriate care of children is ultimately the responsibility of
 2477  the state and that outsourcing such care does not relieve the
 2478  state of its responsibility to ensure that appropriate care is
 2479  provided.
 2481  goal of the department to protect the best interest of children
 2482  by achieving the following outcomes in conjunction with the
 2483  community-based care lead agency, community-based
 2484  subcontractors, and the community alliance:
 2485         (a) Children are first and foremost protected from abuse
 2486  and neglect.
 2487         (b) Children are safely maintained in their homes, if
 2488  possible and appropriate.
 2489         (c) Services are provided to protect children and prevent
 2490  their removal from their home.
 2491         (d) Children have permanency and stability in their living
 2492  arrangements.
 2493         (e) Family relationships and connections are preserved for
 2494  children.
 2495         (f) Families have enhanced capacity to provide for their
 2496  children’s needs.
 2497         (g) Children receive appropriate services to meet their
 2498  educational needs.
 2499         (h) Children receive adequate services to meet their
 2500  physical and mental health needs.
 2501         (i) Children develop the capacity for independent living
 2502  and competence as an adult.
 2503         (3) DEFINITIONS.—As used in this part, except as otherwise
 2504  provided, the term:
 2505         (a) “Care” means services of any kind which are designed to
 2506  facilitate a child remaining safely in his or her own home,
 2507  returning safely to his or her own home if he or she is removed
 2508  from the home, or obtaining an alternative permanent home if he
 2509  or she cannot remain at home or be returned home. The term
 2510  includes, but is not be limited to, prevention, diversion, and
 2511  related services.
 2512         (b) “Child” or “children” has the same meaning as provided
 2513  in s. 39.01.
 2514         (c) “Community alliance” or “alliance” means the group of
 2515  stakeholders, community leaders, client representatives, and
 2516  funders of human services established pursuant to s. 20.19(5) to
 2517  provide a focal point for community participation and oversight
 2518  of community-based services.
 2519         (d) “Community-based care lead agency” or “lead agency”
 2520  means a single entity with which the department has a contract
 2521  for the provision of care for children in the child protection
 2522  and child welfare system in a community that is no smaller than
 2523  a county and no larger than two contiguous judicial circuits.
 2524  The secretary of the department may authorize more than one
 2525  eligible lead agency within a single county if doing so will
 2526  result in more effective delivery of services to children.
 2527         (e) “Related services” includes, but is not limited to,
 2528  family preservation, independent living, emergency shelter,
 2529  residential group care, foster care, therapeutic foster care,
 2530  intensive residential treatment, foster care supervision, case
 2531  management, coordination of mental health services,
 2532  postplacement supervision, permanent foster care, and family
 2533  reunification.
 2534         Section 30. Section 409.987, Florida Statutes, is created
 2535  to read:
 2536         409.987 Lead agency procurement.—
 2537         (1) Community-based care lead agencies shall be procured by
 2538  the department through a competitive process as required under
 2539  chapter 287.
 2540         (2) The department shall produce a schedule for the
 2541  procurement of community-based care lead agencies and provide
 2542  the schedule to the community alliances established pursuant to
 2543  s. 409.998 and post the schedule on the department’s website.
 2544         (3) Notwithstanding s. 287.057, the department shall use 5
 2545  year contracts with lead agencies.
 2546         (4) In order to serve as a lead agency, an entity must:
 2547         (a) Be organized as a Florida corporation or a governmental
 2548  entity.
 2549         (b) Be governed by a board of directors or a board
 2550  committee composed of board members. The membership of the board
 2551  of directors or board committee must be described in the bylaws
 2552  or articles of incorporation of each lead agency, which must
 2553  provide that at least 75 percent of the membership of the board
 2554  of directors or board committee must consist of persons residing
 2555  in this state, and at least 51 percent of the state residents on
 2556  the board of directors must reside within the service area of
 2557  the lead agency. However, for procurements of lead agency
 2558  contracts initiated on or after July 1, 2014:
 2559         1. At least 75 percent of the membership of the board of
 2560  directors must consist of persons residing in this state, and at
 2561  least 51 percent of the membership of the board of directors
 2562  must consist of persons residing within the service area of the
 2563  lead agency. If a board committee governs the lead agency, 100
 2564  percent of its membership must consist of persons residing
 2565  within the service area of the lead agency.
 2566         2. The powers of the board of directors or board committee
 2567  include, are not limited to, approving the lead agency’s budget
 2568  and setting the lead agency’s operational policy and procedures.
 2569  A board of directors must additionally have the power to hire
 2570  the lead agency’s executive director, unless a board committee
 2571  governs the lead agency, in which case the board committee must
 2572  have the power to confirm the selection of the lead agency’s
 2573  executive director.
 2574         (c) Demonstrate financial responsibility through an
 2575  organized plan for regular fiscal audits and the posting of a
 2576  performance bond.
 2577         (5) The department’s procurement team procuring any lead
 2578  agencies’ contracts must include individuals from the community
 2579  alliance in the area to be served under the contract. All
 2580  meetings at which vendors make presentations to or negotiate
 2581  with the procurement team shall be held in the area to be served
 2582  by the contract.
 2583         (6)Upon award and execution of a contract between the
 2584  department and a lead agency, the parties shall enter into a
 2585  letter of engagement that the department will provide legal
 2586  representation to the lead agency or its subcontractors for the
 2587  preparation and presentation of dependency court proceedings.
 2588  The department may not charge the lead agency for such legal
 2589  representation.
 2590         Section 31. Section 409.988, Florida Statutes, is created
 2591  to read:
 2592         409.988 Lead agency duties; general provisions.—
 2593         (1) DUTIES.—A lead agency:
 2594         (a) Shall serve all children referred as a result of a
 2595  report of abuse, neglect, or abandonment to the department’s
 2596  central abuse hotline, including, but not limited to, children
 2597  who are the subject of verified reports and children who are not
 2598  the subject of verified reports but who are at moderate to
 2599  extremely high risk of abuse, neglect, or abandonment, as
 2600  determined using the department’s risk assessment instrument,
 2601  regardless of the level of funding allocated to the lead agency
 2602  by the state if all related funding is transferred. The lead
 2603  agency may also serve children who have not been the subject of
 2604  reports of abuse, neglect, or abandonment, but who are at risk
 2605  of abuse, neglect, or abandonment, to prevent their entry into
 2606  the child protection and child welfare system.
 2607         (b) Shall provide accurate and timely information necessary
 2608  for oversight by the department pursuant to the child welfare
 2609  results-oriented accountability system required by s. 409.997.
 2610         (c) Shall follow the financial guidelines developed by the
 2611  department and provide for a regular independent auditing of its
 2612  financial activities. Such financial information shall be
 2613  provided to the community alliance established under s. 409.998.
 2614         (d) Shall post on its website the current budget for the
 2615  lead agency, including the salaries, bonuses, and other
 2616  compensation paid, by position, for the agency’s chief executive
 2617  officer, chief financial officer, chief operating officer, or
 2618  their equivalents.
 2619         (e) Shall prepare all judicial reviews, case plans, and
 2620  other reports necessary for court hearings for dependent
 2621  children, except those related to the investigation of a
 2622  referral from the department’s child abuse hotline, and shall
 2623  submit these documents timely to the department’s attorneys for
 2624  review, any necessary revision, and filing with the court. The
 2625  lead agency shall make the necessary staff available to
 2626  department attorneys for preparation for dependency proceedings,
 2627  and shall provide testimony and other evidence required for
 2628  dependency court proceedings in coordination with the
 2629  department’s attorneys. This duty does not include the
 2630  preparation of legal pleadings or other legal documents, which
 2631  remain the responsibility of the department.
 2632         (f) Shall ensure that all individuals providing care for
 2633  dependent children receive appropriate training and meet the
 2634  minimum employment standards established by the department.
 2635         (g) Shall maintain eligibility to receive all available
 2636  federal child welfare funds.
 2637         (h) Shall maintain written agreements with Healthy Families
 2638  Florida lead entities in its service area pursuant to s. 409.153
 2639  to promote cooperative planning for the provision of prevention
 2640  and intervention services.
 2641         (i) Shall comply with federal and state statutory
 2642  requirements and agency rules in the provision of contractual
 2643  services.
 2644         (j) May subcontract for the provision of services required
 2645  by the contract with the lead agency and the department;
 2646  however, the subcontracts must specify how the provider will
 2647  contribute to the lead agency meeting the performance standards
 2648  established pursuant to the child welfare results-oriented
 2649  accountability system required by s. 409.997. The lead agency
 2650  shall directly provide no more than 35 percent of all child
 2651  welfare services provided.
 2652         (k) Shall post on its website by the 15th day of each month
 2653  at a minimum the information contained in subparagraphs 1.-4.
 2654  for the preceding calendar month regarding its case management
 2655  services. The following information shall be reported by each
 2656  individual subcontracted case management provider, by the lead
 2657  agency, if the lead agency provides case management services,
 2658  and in total for all case management services subcontracted or
 2659  directly provided by the lead agency:
 2660         1. The average caseload of case managers, including only
 2661  filled positions;
 2662         2. The turnover rate for case managers and case management
 2663  supervisors for the previous 12 months;
 2664         3. The percentage of required home visits completed; and
 2665         4. Performance on outcome measures required pursuant to s.
 2666  409.997 for the previous 12 months.
 2667         (2) LICENSURE.—
 2668         (a) A lead agency must be licensed as a child-caring or
 2669  child-placing agency by the department under this chapter.
 2670         (b) Each foster home, therapeutic foster home, emergency
 2671  shelter, or other placement facility operated by the lead agency
 2672  must be licensed by the department under chapter 402 or this
 2673  chapter.
 2674         (c) Substitute care providers who are licensed under s.
 2675  409.175 and who have contracted with a lead agency are also
 2676  authorized to provide registered or licensed family day care
 2677  under s. 402.313 if such care is consistent with federal law and
 2678  if the home has met the requirements of s. 402.313.
 2679         (d) In order to eliminate or reduce the number of duplicate
 2680  inspections by various program offices, the department shall
 2681  coordinate inspections required for licensure of agencies under
 2682  this subsection.
 2683         (e) The department may adopt rules to administer this
 2684  subsection.
 2685         (3) SERVICES.—A lead agency must serve dependent children
 2686  through services that are supported by research or are best
 2687  child welfare practices. The agency may also provide innovative
 2688  services, including, but not limited to, family-centered,
 2689  cognitive-behavioral, trauma-informed interventions designed to
 2690  mitigate out-of-home placements.
 2692         (a) If a lead agency or other provider has accepted case
 2693  management responsibilities for a child who is sheltered or
 2694  found to be dependent and who is assigned to the care of the
 2695  lead agency or other provider, the agency or provider may act as
 2696  the child’s guardian for the purpose of registering the child in
 2697  school if a parent or guardian of the child is unavailable and
 2698  his or her whereabouts cannot reasonably be ascertained.
 2699         (b) The lead agency or other provider may also seek
 2700  emergency medical attention for the child, but only if a parent
 2701  or guardian of the child is unavailable, the parent or
 2702  guardian’s whereabouts cannot reasonably be ascertained, and a
 2703  court order for such emergency medical services cannot be
 2704  obtained because of the severity of the emergency or because it
 2705  is after normal working hours.
 2706         (c) A lead agency or other provider may not consent to
 2707  sterilization, abortion, or termination of life support.
 2708         (d) If a child’s parents’ rights have been terminated, the
 2709  lead agency shall act as guardian of the child in all
 2710  circumstances.
 2711         Section 32. Section 409.990, Florida Statutes, is created
 2712  to read:
 2713         409.990 Funding for lead agencies.—A contract established
 2714  between the department and a lead agency must be funded by a
 2715  grant of general revenue, other applicable state funds, or
 2716  applicable federal funding sources.
 2717         (1) The method of payment for a fixed-price contract with a
 2718  lead agency must provide for a 2-month advance payment at the
 2719  beginning of each fiscal year and equal monthly payments
 2720  thereafter.
 2721         (2) Notwithstanding s. 215.425, all documented federal
 2722  funds earned for the current fiscal year by the department and
 2723  lead agencies which exceed the amount appropriated by the
 2724  Legislature shall be distributed to all entities that
 2725  contributed to the excess earnings based on a schedule and
 2726  methodology developed by the department and approved by the
 2727  Executive Office of the Governor.
 2728         (a) Distribution shall be pro rata, based on total
 2729  earnings, and shall be made only to those entities that
 2730  contributed to excess earnings.
 2731         (b) Excess earnings of lead agencies shall be used only in
 2732  the service district in which they were earned.
 2733         (c) Additional state funds appropriated by the Legislature
 2734  for lead agencies or made available pursuant to the budgetary
 2735  amendment process described in s. 216.177 shall be transferred
 2736  to the lead agencies.
 2737         (d) The department shall amend a lead agency’s contract to
 2738  permit expenditure of the funds.
 2739         (3) Notwithstanding any other provision of this section,
 2740  the amount of the annual contract for a lead agency may be
 2741  increased by excess federal funds earned in accordance with s.
 2742  216.181(11).
 2743         (4) Each contract with a lead agency shall provide for the
 2744  payment by the department to the lead agency of a reasonable
 2745  administrative cost in addition to funding for the provision of
 2746  services.
 2747         (5) A lead agency may carry forward documented unexpended
 2748  state funds from one fiscal year to the next; however, the
 2749  cumulative amount carried forward may not exceed 8 percent of
 2750  the total contract. Any unexpended state funds in excess of that
 2751  percentage must be returned to the department.
 2752         (a) The funds carried forward may not be used in any way
 2753  that would create increased recurring future obligations, and
 2754  such funds may not be used for any type of program or service
 2755  that is not currently authorized by the existing contract with
 2756  the department.
 2757         (b) Expenditures of funds carried forward must be
 2758  separately reported to the department.
 2759         (c) Any unexpended funds that remain at the end of the
 2760  contract period shall be returned to the department.
 2761         (d) Funds carried forward may be retained through any
 2762  contract renewals and any new procurements as long as the same
 2763  lead agency is retained by the department.
 2764         (6) It is the intent of the Legislature to improve services
 2765  and local participation in community-based care initiatives by
 2766  fostering community support and providing enhanced prevention
 2767  and in-home services, thereby reducing the risk otherwise faced
 2768  by lead agencies. A community partnership matching grant program
 2769  is established and shall be operated by the department to
 2770  encourage local participation in community-based care for
 2771  children in the child welfare system. A children’s services
 2772  council or another local entity that makes a financial
 2773  commitment to a community-based care lead agency may be eligible
 2774  for a matching grant. The total amount of the local contribution
 2775  may be matched on a one-to-one basis up to a maximum annual
 2776  amount of $500,000 per lead agency. Awarded matching grant funds
 2777  may be used for any prevention or in-home services that can be
 2778  reasonably expected to reduce the number of children entering
 2779  the child welfare system. Funding available for the matching
 2780  grant program is subject to legislative appropriation of
 2781  nonrecurring funds provided for this purpose.
 2782         (7)(a) The department, in consultation with the Florida
 2783  Coalition for Children, Inc., shall develop and implement a
 2784  community-based care risk pool initiative to mitigate the
 2785  financial risk to eligible lead agencies. This initiative must
 2786  include:
 2787         1. A risk pool application and protocol developed by the
 2788  department which outlines submission criteria, including, but
 2789  not limited to, financial and program management, descriptive
 2790  data requirements, and timeframes for submission of
 2791  applications. Requests for funding from risk pool applicants
 2792  must be based on relevant and verifiable service trends and
 2793  changes that have occurred during the current fiscal year. The
 2794  application must confirm that expenditure of approved risk pool
 2795  funds by the lead agency will be completed within the current
 2796  fiscal year.
 2797         2. A risk pool peer review committee, appointed by the
 2798  secretary and consisting of department staff and representatives
 2799  from at least three nonapplicant lead agencies, which reviews
 2800  and assesses all risk pool applications. Upon completion of each
 2801  application review, the peer review committee shall report its
 2802  findings and recommendations to the secretary, providing, at a
 2803  minimum, the following information:
 2804         a. Justification for the specific funding amount required
 2805  by the risk pool applicant based on the current year’s service
 2806  trend data, including validation that the applicant’s financial
 2807  need was caused by circumstances beyond the control of the lead
 2808  agency management;
 2809         b. Verification that the proposed use of risk pool funds
 2810  meets at least one of the purposes specified in paragraph (c);
 2811  and
 2812         c. Evidence of technical assistance provided in an effort
 2813  to avoid the need to access the risk pool and recommendations
 2814  for technical assistance to the lead agency to ensure that risk
 2815  pool funds are expended effectively and that the agency’s need
 2816  for future risk pool funding is diminished.
 2817         (b) Upon approval by the secretary of a risk pool
 2818  application, the department may request funds from the risk pool
 2819  in accordance with s. 216.181(6)(a).
 2820         (c) The purposes for which the community-based care risk
 2821  pool shall be used include:
 2822         1. Significant changes in the number or composition of
 2823  clients eligible to receive services.
 2824         2. Significant changes in the services that are eligible
 2825  for reimbursement.
 2826         3. Continuity of care in the event of failure,
 2827  discontinuance of service, or financial misconduct by a lead
 2828  agency.
 2829         4. Significant changes in the mix of available funds.
 2830         (d) The department may also request in its annual
 2831  legislative budget request, and the Governor may recommend, that
 2832  the funding necessary to effect paragraph (c) be appropriated to
 2833  the department. In addition, the department may request the
 2834  allocation of funds from the community-based care risk pool in
 2835  accordance with s. 216.181(6)(a). Funds from the pool may be
 2836  used to match available federal dollars.
 2837         1. Such funds shall constitute partial security for
 2838  contract performance by lead agencies and shall be used to
 2839  offset the need for a performance bond.
 2840         2. The department may separately require a bond to mitigate
 2841  the financial consequences of potential acts of malfeasance or
 2842  misfeasance or criminal violations by the service provider.
 2843         Section 33. Section 409.16713, Florida Statutes, is
 2844  transferred, renumbered as section 409.991, Florida Statutes,
 2845  and paragraph (a) of subsection (1) of that section is amended
 2846  to read:
 2847         409.991 409.16713 Allocation of funds for community-based
 2848  care lead agencies.—
 2849         (1) As used in this section, the term:
 2850         (a) “Core services funding” means all funds allocated to
 2851  community-based care lead agencies operating under contract with
 2852  the department pursuant to s. 409.987 s. 409.1671, with the
 2853  following exceptions:
 2854         1. Funds appropriated for independent living;
 2855         2. Funds appropriated for maintenance adoption subsidies;
 2856         3. Funds allocated by the department for protective
 2857  investigations training;
 2858         4. Nonrecurring funds;
 2859         5. Designated mental health wrap-around services funds; and
 2860         6. Funds for special projects for a designated community
 2861  based care lead agency.
 2862         Section 34. Section 409.992, Florida Statutes, is created
 2863  to read:
 2864         409.992 Lead agency expenditures.—
 2865         (1) The procurement of commodities or contractual services
 2866  by lead agencies shall be governed by the financial guidelines
 2867  developed by the department and must comply with applicable
 2868  state and federal law and follow good business practices.
 2869  Pursuant to s. 11.45, the Auditor General may provide technical
 2870  advice in the development of the financial guidelines.
 2871         (2) Notwithstanding any other provision of law, a
 2872  community-based care lead agency may make expenditures for staff
 2873  cellular telephone allowances, contracts requiring deferred
 2874  payments and maintenance agreements, security deposits for
 2875  office leases, related agency professional membership dues other
 2876  than personal professional membership dues, promotional
 2877  materials, and grant writing services. Expenditures for food and
 2878  refreshments, other than those provided to clients in the care
 2879  of the agency or to foster parents, adoptive parents, and
 2880  caseworkers during training sessions, are not allowable.
 2881         (3) A lead community-based care agency and its
 2882  subcontractors are exempt from state travel policies as provided
 2883  in s. 112.061(3)(a) for their travel expenses incurred in order
 2884  to comply with the requirements of this section.
 2885         Section 35. Section 409.993, Florida Statutes, is created
 2886  to read:
 2887         409.993 Lead agencies and subcontractor liability.—
 2888         (1) FINDINGS.—
 2889         (a) The Legislature finds that the state has traditionally
 2890  provided foster care services to children who are the
 2891  responsibility of the state. As such, foster children have not
 2892  had the right to recover for injuries beyond the limitations
 2893  specified in s. 768.28. The Legislature has determined that
 2894  foster care and related services should be outsourced pursuant
 2895  to this section and that the provision of such services is of
 2896  paramount importance to the state. The purpose of such
 2897  outsourcing is to increase the level of safety, security, and
 2898  stability of children who are or become the responsibility of
 2899  the state. One of the components necessary to secure a safe and
 2900  stable environment for such children is the requirement that
 2901  private providers maintain liability insurance. As such,
 2902  insurance needs to be available and remain available to
 2903  nongovernmental foster care and related services providers
 2904  without the resources of such providers being significantly
 2905  reduced by the cost of maintaining such insurance.
 2906         (b) The Legislature further finds that, by requiring the
 2907  following minimum levels of insurance, children in outsourced
 2908  foster care and related services will gain increased protection
 2909  and rights of recovery in the event of injury than currently
 2910  provided in s. 768.28.
 2911         (2) LEAD AGENCY LIABILITY.—
 2912         (a) Other than an entity to which s. 768.28 applies, an
 2913  eligible community-based care lead agency, or its employees or
 2914  officers, except as otherwise provided in paragraph (b), shall,
 2915  as a part of its contract, obtain general liability insurance
 2916  coverage sufficient to pay any successful tort action up to the
 2917  liability caps established in this subsection. In a tort action
 2918  brought against such an eligible community-based care lead
 2919  agency or employee, net economic damages shall be limited to $2
 2920  million per liability claim and $200,000 per automobile claim,
 2921  including, but not limited to, past and future medical expenses,
 2922  wage loss, and loss of earning capacity, offset by any
 2923  collateral source payment paid or payable. In any tort action
 2924  brought against such an eligible community-based care lead
 2925  agency, noneconomic damages shall be limited to $400,000 per
 2926  claim. A claims bill may be brought on behalf of a claimant
 2927  pursuant to s. 768.28 for any amount exceeding the limits
 2928  specified in this paragraph. Any offset of collateral source
 2929  payments made as of the date of the settlement or judgment shall
 2930  be in accordance with s. 768.76. The community-based care lead
 2931  agency is not liable in tort for the acts or omissions of its
 2932  subcontractors or the officers, agents, or employees of its
 2933  subcontractors.
 2934         (b) The liability of an eligible community-based care lead
 2935  agency described in this section shall be exclusive and in place
 2936  of all other liability of such lead agency. The same immunities
 2937  from liability enjoyed by such lead agencies shall extend to
 2938  each employee of the lead agency if he or she is acting in
 2939  furtherance of the lead agency’s business, including the
 2940  transportation of clients served, as described in this
 2941  subsection, in privately owned vehicles. Such immunities are not
 2942  applicable to a lead agency or an employee who acts in a
 2943  culpably negligent manner or with willful and wanton disregard
 2944  or unprovoked physical aggression if such acts result in injury
 2945  or death or such acts proximately cause such injury or death.
 2946  Such immunities are not applicable to employees of the same lead
 2947  agency when each is operating in the furtherance of the agency’s
 2948  business, but they are assigned primarily to unrelated work
 2949  within private or public employment. The same immunity
 2950  provisions enjoyed by a lead agency also apply to any sole
 2951  proprietor, partner, corporate officer or director, supervisor,
 2952  or other person who, in the course and scope of his or her
 2953  duties, acts in a managerial or policymaking capacity and the
 2954  conduct that caused the alleged injury arose within the course
 2955  and scope of those managerial or policymaking duties. As used in
 2956  this subsection and subsection (3), the term “culpably negligent
 2957  manner” means reckless indifference or grossly careless
 2958  disregard of human life.
 2960         (a) A subcontractor of an eligible community-based care
 2961  lead agency that is a direct provider of foster care and related
 2962  services to children and families, and its employees or
 2963  officers, except as otherwise provided in paragraph (b), must,
 2964  as a part of its contract, obtain general liability insurance
 2965  coverage sufficient to pay any successful tort action up to the
 2966  liability caps established in this subsection. In a tort action
 2967  brought against such subcontractor or employee, net economic
 2968  damages shall be limited to $2 million per liability claim and
 2969  $200,000 per automobile claim, including, but not limited to,
 2970  past and future medical expenses, wage loss, and loss of earning
 2971  capacity, offset by any collateral source payment paid or
 2972  payable. In a tort action brought against such subcontractor,
 2973  noneconomic damages shall be limited to $400,000 per claim. A
 2974  claims bill may be brought on behalf of a claimant pursuant to
 2975  s. 768.28 for any amount exceeding the limits specified in this
 2976  paragraph. Any offset of collateral source payments made as of
 2977  the date of the settlement or judgment shall be in accordance
 2978  with s. 768.76.
 2979         (b) The liability of a subcontractor of an eligible
 2980  community-based care lead agency that is a direct provider of
 2981  foster care and related services as described in this section is
 2982  exclusive and in place of all other liability of such provider.
 2983  The same immunities from liability enjoyed by such subcontractor
 2984  provider extend to each employee of the subcontractor when such
 2985  employee is acting in furtherance of the subcontractor’s
 2986  business, including the transportation of clients served, as
 2987  described in this subsection, in privately owned vehicles. Such
 2988  immunities are not applicable to a subcontractor or an employee
 2989  who acts in a culpably negligent manner or with willful and
 2990  wanton disregard or unprovoked physical aggression if such acts
 2991  result in injury or death or if such acts proximately cause such
 2992  injury or death. Such immunities are not applicable to employees
 2993  of the same subcontractor who are operating in the furtherance
 2994  of the subcontractor’s business but are assigned primarily to
 2995  unrelated works within private or public employment. The same
 2996  immunity provisions enjoyed by a subcontractor also apply to any
 2997  sole proprietor, partner, corporate officer or director,
 2998  supervisor, or other person who, in the course and scope of his
 2999  or her duties, acts in a managerial or policymaking capacity and
 3000  the conduct that caused the alleged injury arose within the
 3001  course and scope of those managerial or policymaking duties.
 3002         (4) LIMITATIONS ON DAMAGES.—The Legislature is cognizant of
 3003  the increasing costs of goods and services each year and
 3004  recognizes that fixing a set amount of compensation has the
 3005  effect of a reduction in compensation each year. Accordingly,
 3006  the conditional limitations on damages in this section shall be
 3007  increased at the rate of 5 percent each year, prorated from July
 3008  1, 2014, to the date at which damages subject to such
 3009  limitations are awarded by final judgment or settlement.
 3010         Section 36. Section 409.1675, Florida Statutes, is
 3011  transferred, renumbered as section 409.994, Florida Statutes,
 3012  and amended to read:
 3013         409.994 409.1675Lead Community-based care lead agencies
 3014  providers; receivership.—
 3015         (1) The Department of Children and Families Family Services
 3016  may petition a court of competent jurisdiction for the
 3017  appointment of a receiver for a lead community-based care lead
 3018  agency provider established pursuant to s. 409.987 if s.
 3019  409.1671 when any of the following conditions exist:
 3020         (a) The lead agency community-based provider is operating
 3021  without a license as a child-placing agency.
 3022         (b) The lead agency community-based provider has given less
 3023  than 120 days’ notice of its intent to cease operations, and
 3024  arrangements have not been made for another lead agency
 3025  community-based provider or for the department to continue the
 3026  uninterrupted provision of services.
 3027         (c) The department determines that conditions exist in the
 3028  lead agency community-based provider which present an imminent
 3029  danger to the health, safety, or welfare of the dependent
 3030  children under that agency’s provider’s care or supervision.
 3031  Whenever possible, the department shall make a reasonable effort
 3032  to facilitate the continued operation of the program.
 3033         (d) The lead agency community-based provider cannot meet
 3034  its current financial obligations to its employees, contractors,
 3035  or foster parents. Issuance of bad checks or the existence of
 3036  delinquent obligations for payment of salaries, utilities, or
 3037  invoices for essential services or commodities shall constitute
 3038  prima facie evidence that the lead agency community-based
 3039  provider lacks the financial ability to meet its financial
 3040  obligations.
 3041         (2)(a) The petition for receivership shall take precedence
 3042  over other court business unless the court determines that some
 3043  other pending proceeding, having statutory precedence, has
 3044  priority.
 3045         (b) A hearing shall be conducted within 5 days after the
 3046  filing of the petition, at which time interested parties shall
 3047  have the opportunity to present evidence as to whether a
 3048  receiver should be appointed. The department shall give
 3049  reasonable notice of the hearing on the petition to the lead
 3050  agency community-based provider.
 3051         (c) The court shall grant the petition upon finding that
 3052  one or more of the conditions in subsection (1) exists and the
 3053  continued existence of the condition or conditions jeopardizes
 3054  the health, safety, or welfare of dependent children. A receiver
 3055  may be appointed ex parte when the court determines that one or
 3056  more of the conditions in subsection (1) exists. After such
 3057  finding, the court may appoint any person, including an employee
 3058  of the department who is qualified by education, training, or
 3059  experience to carry out the duties of the receiver pursuant to
 3060  this section, except that the court may shall not appoint any
 3061  member of the governing board or any officer of the lead agency
 3062  community-based provider. The receiver may be selected from a
 3063  list of persons qualified to act as receivers which is developed
 3064  by the department and presented to the court with each petition
 3065  of receivership.
 3066         (d) A receiver may be appointed for up to 90 days, and the
 3067  department may petition the court for additional 30-day
 3068  extensions. Sixty days after appointment of a receiver and every
 3069  30 days thereafter until the receivership is terminated, the
 3070  department shall submit to the court an assessment of the lead
 3071  agency’s community-based provider’s ability to ensure the
 3072  health, safety, and welfare of the dependent children under its
 3073  supervision.
 3074         (3) The receiver shall take such steps as are reasonably
 3075  necessary to ensure the continued health, safety, and welfare of
 3076  the dependent children under the supervision of the lead agency
 3077  community-based provider and shall exercise those powers and
 3078  perform those duties set out by the court, including, but not
 3079  limited to:
 3080         (a) Taking such action as is reasonably necessary to
 3081  protect or conserve the assets or property of the lead agency
 3082  community-based provider. The receiver may use the assets and
 3083  property and any proceeds from any transfer thereof only in the
 3084  performance of the powers and duties provided set forth in this
 3085  section and by order of the court.
 3086         (b) Using the assets of the lead agency community-based
 3087  provider in the provision of care and services to dependent
 3088  children.
 3089         (c) Entering into contracts and hiring agents and employees
 3090  to carry out the powers and duties of the receiver under this
 3091  section.
 3092         (d) Having full power to direct, manage, hire, and
 3093  discharge employees of the lead agency community-based provider.
 3094  The receiver shall hire and pay new employees at the rate of
 3095  compensation, including benefits, approved by the court.
 3096         (e) Honoring all leases, mortgages, and contractual
 3097  obligations of the lead agency community-based provider, but
 3098  only to the extent of payments that become due during the period
 3099  of the receivership.
 3100         (4)(a) The receiver shall deposit funds received in a
 3101  separate account and shall use this account for all
 3102  disbursements.
 3103         (b) A payment to the receiver of any sum owing to the lead
 3104  agency community-based provider shall discharge any obligation
 3105  to the provider to the extent of the payment.
 3106         (5) A receiver may petition the court for temporary relief
 3107  from obligations entered into by the lead agency community-based
 3108  provider if the rent, price, or rate of interest required to be
 3109  paid under the agreement was substantially in excess of a
 3110  reasonable rent, price, or rate of interest at the time the
 3111  contract was entered into, or if any material provision of the
 3112  agreement was unreasonable when compared to contracts negotiated
 3113  under similar conditions. Any relief in this form provided by
 3114  the court shall be limited to the life of the receivership,
 3115  unless otherwise determined by the court.
 3116         (6) The court shall set the compensation of the receiver,
 3117  which shall be considered a necessary expense of a receivership
 3118  and may grant to the receiver such other authority necessary to
 3119  ensure the health, safety, and welfare of the children served.
 3120         (7) A receiver may be held liable in a personal capacity
 3121  only for the receiver’s own gross negligence, intentional acts,
 3122  or breaches of fiduciary duty. This section may shall not be
 3123  interpreted to be a waiver of sovereign immunity should the
 3124  department be appointed receiver.
 3125         (8) If the receiver is not the department, the court may
 3126  require a receiver to post a bond to ensure the faithful
 3127  performance of these duties.
 3128         (9) The court may terminate a receivership when:
 3129         (a) The court determines that the receivership is no longer
 3130  necessary because the conditions that gave rise to the
 3131  receivership no longer exist; or
 3132         (b) The department has entered into a contract with a new
 3133  lead agency community-based provider pursuant to s. 409.987 s.
 3134  409.1671, and that contractor is ready and able to assume the
 3135  duties of the previous lead agency provider.
 3136         (10) Within 30 days after the termination, unless this time
 3137  period is extended by the court, the receiver shall give the
 3138  court a complete accounting of all property of which the
 3139  receiver has taken possession, of all funds collected and
 3140  disbursed, and of the expenses of the receivership.
 3141         (11) Nothing in This section does not shall be construed to
 3142  relieve any employee of the lead agency community-based provider
 3143  placed in receivership of any civil or criminal liability
 3144  incurred, or any duty imposed by law, by reason of acts or
 3145  omissions of the employee before prior to the appointment of a
 3146  receiver, and; nor shall anything contained in this section does
 3147  not be construed to suspend during the receivership any
 3148  obligation of the employee for payment of taxes or other
 3149  operating or maintenance expenses of the lead agency community
 3150  based provider or for the payment of mortgages or liens. The
 3151  lead agency community-based provider shall retain the right to
 3152  sell or mortgage any facility under receivership, subject to the
 3153  prior approval of the court that ordered the receivership.
 3154         Section 37. Section 409.996, Florida Statutes, is created
 3155  to read:
 3156         409.996 Duties of the Department of Children and Families.
 3157  The department shall contract for the delivery, administration,
 3158  or management of care for children in the child protection and
 3159  child welfare system. In doing so, the department retains
 3160  responsibility for the quality of contracted services and
 3161  programs and shall ensure that services are delivered in
 3162  accordance with applicable federal and state statutes and
 3163  regulations.
 3164         (1) The department shall enter into contracts with lead
 3165  agencies for the performance of the duties by the lead agencies
 3166  pursuant to s. 409.988. At a minimum, the contracts must:
 3167         (a) Provide for the services needed to accomplish the
 3168  duties established in s. 409.988 and provide information to the
 3169  department which is necessary to meet the requirements for a
 3170  quality assurance program pursuant to subsection (18) and the
 3171  child welfare results-oriented accountability system pursuant to
 3172  s. 409.997.
 3173         (b) Provide for graduated penalties for failure to comply
 3174  with contract terms. Such penalties may include financial
 3175  penalties, enhanced monitoring and reporting, corrective action
 3176  plans, and early termination of contracts or other appropriate
 3177  action to ensure contract compliance.
 3178         (c) Ensure that the lead agency shall furnish current and
 3179  accurate information on its activities in all cases in client
 3180  case records in the state’s statewide automated child welfare
 3181  information system.
 3182         (d) Specify the procedures to be used by the parties to
 3183  resolve differences in interpreting the contract or to resolve
 3184  disputes as to the adequacy of the parties’ compliance with
 3185  their respective obligations under the contract.
 3186         (2) The department must adopt written policies and
 3187  procedures for monitoring the contract for delivery of services
 3188  by lead agencies which must be posted on the department’s
 3189  website. These policies and procedures must, at a minimum,
 3190  address the evaluation of fiscal accountability and program
 3191  operations, including provider achievement of performance
 3192  standards, provider monitoring of subcontractors, and timely
 3193  followup of corrective actions for significant monitoring
 3194  findings related to providers and subcontractors. These policies
 3195  and procedures must also include provisions for reducing the
 3196  duplication of the department’s program monitoring activities
 3197  both internally and with other agencies, to the extent possible.
 3198  The department’s written procedures must ensure that the written
 3199  findings, conclusions, and recommendations from monitoring the
 3200  contract for services of lead agencies are communicated to the
 3201  director of the provider agency and the community alliance as
 3202  expeditiously as possible.
 3203         (3) The department shall receive federal and state funds as
 3204  appropriated for the operation of the child welfare system and
 3205  shall transmit these funds to the lead agencies as agreed to in
 3206  the contract. The department retains responsibility for the
 3207  appropriate spending of these funds. The department shall
 3208  monitor lead agencies to assess compliance with the financial
 3209  guidelines established pursuant to s. 409.992 and other
 3210  applicable state and federal laws.
 3211         (4) The department shall provide technical assistance and
 3212  consultation to lead agencies in the provision of care to
 3213  children in the child protection and child welfare system.
 3214         (5) The department retains the responsibility for the
 3215  review, approval or denial, and issuances of all foster home
 3216  licenses.
 3217         (6) The department shall process all applications submitted
 3218  by lead agencies for the Interstate Compact on the Placement of
 3219  Children and the Interstate Compact on Adoption and Medical
 3220  Assistance.
 3221         (7) The department shall assist lead agencies with access
 3222  to and coordination with other service programs within the
 3223  department.
 3224         (8) The department shall determine Medicaid eligibility for
 3225  all referred children and shall coordinate services with the
 3226  Agency for Health Care Administration.
 3227         (9) The department shall develop, in cooperation with the
 3228  lead agencies and the third-party credentialing entity approved
 3229  pursuant to s. 402.40(3), a standardized competency-based
 3230  curriculum for certification training for child protection
 3231  staff.
 3232         (10) The department shall maintain the statewide adoptions
 3233  website and provide information and training to the lead
 3234  agencies relating to the website.
 3235         (11) The department shall provide training and assistance
 3236  to lead agencies regarding the responsibility of lead agencies
 3237  relating to children receiving supplemental security income,
 3238  social security, railroad retirement, or veterans’ benefits.
 3239         (12) With the assistance of a lead agency, the department
 3240  shall develop and implement statewide and local interagency
 3241  agreements needed to coordinate services for children and
 3242  parents involved in the child welfare system who are also
 3243  involved with the Agency for Persons with Disabilities, the
 3244  Department of Juvenile Justice, the Department of Education, the
 3245  Department of Health, and other governmental organizations that
 3246  share responsibilities for children or parents in the child
 3247  welfare system.
 3248         (13) With the assistance of a lead agency, the department
 3249  shall develop and implement a working agreement between the lead
 3250  agency and the substance abuse and mental health managing entity
 3251  to integrate services and supports for children and parents
 3252  serviced in the child welfare system.
 3253         (14) The department shall work with the Agency for Health
 3254  Care Administration to provide each Medicaid-eligible child with
 3255  early and periodic screening, diagnosis, and treatment,
 3256  including 72-hour screening, periodic child health checkups, and
 3257  prescribed followup for ordered services, including, but not
 3258  limited to, medical, dental, and vision care.
 3259         (15) The department shall assist lead agencies in
 3260  developing an array of services in compliance with the Title IV
 3261  E waiver and shall monitor the provision of such services.
 3262         (16) The department shall provide a mechanism to allow lead
 3263  agencies to request a waiver of department policies and
 3264  procedures that create inefficiencies or inhibit the performance
 3265  of the lead agency’s duties.
 3266         (17) The department shall directly or through contract
 3267  provide attorneys to prepare and present cases in dependency
 3268  court and shall ensure that the court is provided with adequate
 3269  information for informed decisionmaking in dependency cases,
 3270  including a fact sheet for each case which lists the names and
 3271  contact information for any child protective investigator, child
 3272  protective investigation supervisor, case manager, and case
 3273  manager supervisor, and the regional department official
 3274  responsible for the lead agency contract. For the Sixth Judicial
 3275  Circuit, the department shall contract with the state attorney
 3276  for the provision of these services.
 3277         (18) The department, in consultation with lead agencies,
 3278  shall establish a quality assurance program for contracted
 3279  services to dependent children. The quality assurance program
 3280  shall be based on standards established by federal and state law
 3281  and national accrediting organizations.
 3282         (a) The department must evaluate each lead agency under
 3283  contract at least annually. These evaluations shall cover the
 3284  programmatic, operational, and fiscal operations of the lead
 3285  agency and must be consistent with the child welfare results
 3286  oriented accountability system required by s. 409.997. The
 3287  department must consult with dependency judges in the circuit or
 3288  circuits served by the lead agency on the performance of the
 3289  lead agency.
 3290         (b) The department and each lead agency shall monitor out
 3291  of-home placements, including the extent to which sibling groups
 3292  are placed together or provisions to provide visitation and
 3293  other contacts if siblings are separated. The data shall
 3294  identify reasons for sibling separation. Information related to
 3295  sibling placement shall be incorporated into the results
 3296  oriented accountability system required pursuant to s. 409.997
 3297  and in the evaluation of the outcome specified in s.
 3298  409.986(2)(e). The information related to sibling placement
 3299  shall also be made available to the institute established
 3300  pursuant s. 1004.615 for use in assessing the performance of
 3301  child welfare services in relation to the outcome specified in
 3302  s. 409.986(2)(e).
 3303         (c)The department shall, to the extent possible, use
 3304  independent financial audits provided by the lead agency to
 3305  eliminate or reduce the ongoing contract and administrative
 3306  reviews conducted by the department. If the department
 3307  determines that such independent financial audits are
 3308  inadequate, other audits, as necessary, may be conducted by the
 3309  department. This paragraph does not abrogate the requirements of
 3310  s. 215.97.
 3311         (d) The department may suggest additional items to be
 3312  included in such independent financial audits to meet the
 3313  department’s needs.
 3314         (e) The department may outsource programmatic,
 3315  administrative, or fiscal monitoring oversight of lead agencies.
 3316         (f) A lead agency must assure that all subcontractors are
 3317  subject to the same quality assurance activities as the lead
 3318  agency.
 3319         (19) The department and its attorneys have the
 3320  responsibility to ensure that the court is fully informed about
 3321  issues before it, to make recommendations to the court, and to
 3322  present competent evidence, including testimony by the
 3323  department’s employees, contractors, and subcontractors, as well
 3324  as other individuals, to support all recommendations made to the
 3325  court. The department’s attorneys shall coordinate lead agency
 3326  or subcontractor staff to ensure that dependency cases are
 3327  presented appropriately to the court, giving deference to the
 3328  information developed by the case manager and direction to the
 3329  case manager if more information is needed.
 3330         (20) The department, in consultation with lead agencies,
 3331  shall develop a dispute resolution process so that disagreements
 3332  between legal staff, investigators, and case management staff
 3333  can be resolved in the best interest of the child in question
 3334  before court appearances regarding that child.
 3335         Section 38. Section 409.997, Florida Statutes, is created
 3336  to read:
 3337         409.997 Child welfare results-oriented accountability
 3338  system.—
 3339         (1) The department and its contract providers, including
 3340  lead agencies, community-based care providers, and other
 3341  community partners participating in the state’s child protection
 3342  and child welfare system, share the responsibility for achieving
 3343  the outcome goals specified in s. 409.986(2).
 3344         (2) In order to assess the achievement of the outcome goals
 3345  specified in s. 409.986(2), the department shall maintain a
 3346  comprehensive, results-oriented accountability system that
 3347  monitors the use of resources, the quality and amount of
 3348  services provided, and child and family outcomes through data
 3349  analysis, research review, evaluation, and quality improvement.
 3350  The system shall provide information about individual entities’
 3351  performance as well as the performance of groups of entities
 3352  working together as an integrated system of care on a local,
 3353  regional, and statewide basis. In maintaining the accountability
 3354  system, the department shall:
 3355         (a) Identify valid and reliable outcome measures for each
 3356  of the goals specified in this subsection. The outcome data set
 3357  must consist of a limited number of understandable measures
 3358  using available data to quantify outcomes as children move
 3359  through the system of care. Such measures may aggregate multiple
 3360  variables that affect the overall achievement of the outcome
 3361  goals. Valid and reliable measures must be based on adequate
 3362  sample sizes, be gathered over suitable time periods, and
 3363  reflect authentic rather than spurious results, and may not be
 3364  susceptible to manipulation.
 3365         (b) Implement a monitoring system to track the identified
 3366  outcome measures on a statewide, regional, and provider-specific
 3367  basis. The monitoring system must identify trends and chart
 3368  progress toward achievement of the goals specified s.
 3369  409.986(2). The requirements of the monitoring system may be
 3370  incorporated into the quality assurance program required under
 3371  s. 409.996(18).
 3372         (c) Develop and maintain an analytical system that builds
 3373  on the outcomes monitoring system to assess the statistical
 3374  validity of observed associations between child welfare
 3375  interventions and the measured outcomes. The analysis must use
 3376  quantitative methods to adjust for variations in demographic or
 3377  other conditions. The analysis must include longitudinal studies
 3378  to evaluate longer-term outcomes such as continued safety,
 3379  family permanence, and transition to self-sufficiency. The
 3380  analysis may also include qualitative research methods to
 3381  provide insight into statistical patterns.
 3382         (d) Develop and maintain a program of research review to
 3383  identify interventions that are supported by evidence as
 3384  causally linked to improved outcomes.
 3385         (e) Support an ongoing process of evaluation to determine
 3386  the efficacy and effectiveness of various interventions.
 3387  Efficacy evaluation is intended to determine the validity of a
 3388  causal relationship between an intervention and an outcome.
 3389  Effectiveness evaluation is intended to determine the extent to
 3390  which the results can be generalized.
 3391         (f) Develop and maintain an inclusive, interactive, and
 3392  evidence-supported program of quality improvement which promotes
 3393  individual skill building as well as organizational learning.
 3394         (g) Develop and implement a method for making the results
 3395  of the accountability system transparent for all parties
 3396  involved in the child welfare system as well as policymakers and
 3397  the public. The presentation of the results shall provide a
 3398  comprehensible, visual report card for the state and each
 3399  community-based care region, indicating the current status
 3400  relative to each goal and trends in that status over time. The
 3401  presentation shall identify and report outcome measures that
 3402  assess the performance of the department, the community-based
 3403  care lead agency, and the lead agency’s subcontractors working
 3404  together as an integrated system of care.
 3405         (3) The department shall establish a technical advisory
 3406  panel consisting of representatives from the Florida Institute
 3407  for Child Welfare established in s. 1004.615, lead agencies,
 3408  community-based care providers, other contract providers,
 3409  community alliances, and family representatives. The President
 3410  of the Senate and the Speaker of the House of Representatives
 3411  shall each appoint a member to serve as a legislative liaison to
 3412  the panel. The technical advisory panel shall advise the
 3413  department on meeting the requirements of this section.
 3414         (4) The accountability system may not rank or compare
 3415  performance among community-based care regions unless adequate
 3416  and specific adjustments are adopted that account for the
 3417  diversity in regions’ demographics, resources, and other
 3418  relevant characteristics.
 3419         (5) The results of the accountability system must provide
 3420  the basis for performance incentives if funds for such payments
 3421  are made available through the General Appropriations Act.
 3422         (6) At least quarterly, the department shall make the
 3423  results of the accountability system available to the public
 3424  through publication on its website. The website must allow for
 3425  custom searches of the performance data.
 3426         (7) By October 1 of each year, the department shall submit
 3427  a report on the statewide and individual community-based care
 3428  lead agency results for child protection and child welfare
 3429  systems. The department shall use the accountability system and
 3430  consult with the community alliance and the chief judge or
 3431  judges in the community-based care service area to prepare the
 3432  report. The report shall be submitted to the Governor, the
 3433  President of the Senate, and the Speaker of the House of
 3434  Representatives.
 3435         Section 39. Section 409.998, Florida Statutes, is created
 3436  to read:
 3437         409.998 Community-based care; assessment by community
 3438  alliances.—To provide independent, community-focused assessment
 3439  of child protection and child welfare services and the local
 3440  system of community-based care, community alliances created in
 3441  s. 20.19(5) shall, with the assistance of the department,
 3442  perform the following duties:
 3443         (1) Conduct a needs assessment and establish community
 3444  priorities for child protection and child welfare services.
 3445         (2) Review the performance of the department, the sheriff’s
 3446  office, if the office provides child protective services, and
 3447  the lead agency individually and as an integrated system of
 3448  care, and advise the department, the sheriff’s office, if
 3449  applicable, and the lead agency regarding concerns and suggested
 3450  areas of improvement.
 3451         (3) Recommend a competitive procurement for the lead agency
 3452  if programmatic or financial performance is poor. The community
 3453  alliance shall make recommendations on the development of the
 3454  procurement document for such competitive procurement and may
 3455  suggest specific requirements relating to local needs and
 3456  services.
 3457         (4) Recommend a contract extension for the lead agency if
 3458  programmatic and financial performance is superior.
 3459         (5) In partnership with the Florida Institute for Child
 3460  Welfare established in s. 1004.615, develop recommendations and
 3461  submit such recommendations to the department and the community
 3462  based care lead agency to improve child protection and child
 3463  welfare policies and practices.
 3464         (6) Promote greater community involvement in community
 3465  based care through participation in community-based care lead
 3466  agency services and activities, recruitment and retention of
 3467  community volunteers, and public awareness efforts.
 3468         Section 40. Section 827.10, Florida Statutes, is created to
 3469  read:
 3470         827.10 Unlawful desertion of a child.—
 3471         (1) As used in this section, the term:
 3472         (a) “Care” means support and services necessary to maintain
 3473  the child’s physical and mental health, including, but not
 3474  limited to, food, nutrition, clothing, shelter, supervision,
 3475  medicine, and medical services that a prudent person would
 3476  consider essential for the well-being of the child.
 3477         (b) “Caregiver” has the same meaning as provided in s.
 3478  39.01.
 3479         (c) “Child” means a child for whose care the caregiver is
 3480  legally responsible.
 3481         (d) “Desertion” or “deserts” means to leave a child in a
 3482  place or with a person other than a relative with the intent not
 3483  to return to the child and with the intent not to provide for
 3484  the care of the child.
 3485         (e) “Relative” has the same meaning as provided in s.
 3486  39.01.
 3487         (2) A caregiver who deserts a child under circumstances in
 3488  which the caregiver knew or should have known that the desertion
 3489  exposes the child to unreasonable risk of harm commits a felony
 3490  of the third degree, punishable as provided in s. 775.082, s.
 3491  775.083, or s. 775.084.
 3492         (3) This section does not apply to a person who surrenders
 3493  a newborn infant in compliance with s. 383.50.
 3494         (4) This section does not preclude prosecution for a
 3495  criminal act under any other law, including, but not limited to,
 3496  prosecution of child abuse or neglect of a child under s.
 3497  827.03.
 3498         Section 41. Paragraph (d) of subsection (4) of section
 3499  985.04, Florida Statutes, is amended to read:
 3500         985.04 Oaths; records; confidential information.—
 3501         (4)
 3502         (d) The department shall disclose to the school
 3503  superintendent the presence of any child in the care and custody
 3504  or under the jurisdiction or supervision of the department who
 3505  has a known history of criminal sexual behavior with other
 3506  juveniles; is an alleged to have committed juvenile sexual abuse
 3507  offender, as defined in s. 39.01; or has pled guilty or nolo
 3508  contendere to, or has been found to have committed, a violation
 3509  of chapter 794, chapter 796, chapter 800, s. 827.071, or s.
 3510  847.0133, regardless of adjudication. Any employee of a district
 3511  school board who knowingly and willfully discloses such
 3512  information to an unauthorized person commits a misdemeanor of
 3513  the second degree, punishable as provided in s. 775.082 or s.
 3514  775.083.
 3515         Section 42. Section 1004.615, Florida Statutes, is created
 3516  to read:
 3517         1004.615 Florida Institute for Child Welfare.—
 3518         (1) There is established the Florida Institute for Child
 3519  Welfare within the Florida State University College of Social
 3520  Work. The purpose of the institute is to advance the well-being
 3521  of children and families by improving the performance of child
 3522  protection and child welfare services through research, policy
 3523  analysis, evaluation, and leadership development. The institute
 3524  shall consist of a consortium of public and private universities
 3525  offering degrees in social work and shall be housed within the
 3526  Florida State University College of Social Work.
 3527         (2) Using such resources as authorized in the General
 3528  Appropriations Act, the Department of Children and Families
 3529  shall contract with the institute for performance of the duties
 3530  described in subsection (4) using state appropriations, public
 3531  and private grants, and other resources obtained by the
 3532  institute.
 3533         (3) The institute shall work with the department, sheriffs
 3534  providing child protective investigative services, community
 3535  based care lead agencies, community-based care provider
 3536  organizations, the court system, the Department of Juvenile
 3537  Justice, the federally recognized statewide association for
 3538  Florida’s certified domestic violence centers, and other
 3539  partners who contribute to and participate in providing child
 3540  protection and child welfare services.
 3541         (4) The institute shall:
 3542         (a) Maintain a program of research which contributes to
 3543  scientific knowledge and informs both policy and practice
 3544  related to child safety, permanency, and child and family well
 3545  being.
 3546         (b) Advise the department and other organizations
 3547  participating in the child protection and child welfare system
 3548  regarding scientific evidence on policy and practice related to
 3549  child safety, permanency, and child and family well-being.
 3550         (c) Provide advice regarding management practices and
 3551  administrative processes used by the department and other
 3552  organizations participating in the child protection and child
 3553  welfare system and recommend improvements that reduce
 3554  burdensome, ineffective requirements for frontline staff and
 3555  their supervisors while enhancing their ability to effectively
 3556  investigate, analyze, problem solve, and supervise.
 3557         (d) Assess the performance of child protection and child
 3558  welfare services based on specific outcome measures.
 3559         (e) Evaluate the scope and effectiveness of preservice and
 3560  inservice training for child protection and child welfare
 3561  employees and advise and assist the department in efforts to
 3562  improve such training.
 3563         (f) Assess the readiness of social work graduates to assume
 3564  job responsibilities in the child protection and child welfare
 3565  system and identify gaps in education which can be addressed
 3566  through the modification of curricula or the establishment of
 3567  industry certifications.
 3568         (g) Develop and maintain a program of professional support
 3569  including training courses and consulting services that assist
 3570  both individuals and organizations in implementing adaptive and
 3571  resilient responses to workplace stress.
 3572         (h) Participate in the department’s critical incident
 3573  response team, assist in the preparation of reports about such
 3574  incidents, and support the committee review of reports and
 3575  development of recommendations.
 3576         (i) Identify effective policies and promising practices,
 3577  including, but not limited to, innovations in coordination
 3578  between entities participating in the child protection and child
 3579  welfare system, data analytics, working with the local
 3580  community, and management of human service organizations, and
 3581  communicate these findings to the department and other
 3582  organizations participating in the child protection and child
 3583  welfare system.
 3584         (j) Develop a definition of a child or family at high risk
 3585  of abuse or neglect. Such a definition must consider
 3586  characteristics associated with a greater probability of abuse
 3587  and neglect.
 3588         (5) The President of the Florida State University shall
 3589  appoint a director of the institute. The director must be a
 3590  child welfare professional with a degree in social work who
 3591  holds a faculty appointment in the Florida State University
 3592  College of Social Work. The institute shall be administered by
 3593  the director, and the director’s office shall be located at the
 3594  Florida State University. The director is responsible for
 3595  overall management of the institute and for developing and
 3596  executing the work of the institute consistent with the
 3597  responsibilities in subsection (4). The director shall engage
 3598  individuals in other state universities with accredited colleges
 3599  of social work to participate in the institute. Individuals from
 3600  other university programs relevant to the institute’s work,
 3601  including, but not limited to, economics, management, law,
 3602  medicine, and education, may also be invited by the director to
 3603  contribute to the institute. The universities participating in
 3604  the institute shall provide facilities, staff, and other
 3605  resources to the institute to establish statewide access to
 3606  institute programs and services.
 3607         (6) By October 1 of each year, the institute shall provide
 3608  a written report to the Governor, the President of the Senate,
 3609  and the Speaker of the House of Representatives which outlines
 3610  its activities in the preceding year, reports significant
 3611  research findings, as well as results of other programs, and
 3612  provides specific recommendations for improving child protection
 3613  and child welfare services.
 3614         (a) The institute shall include an evaluation of the
 3615  results of the educational and training requirements for child
 3616  protection and child welfare personnel established under this
 3617  act and recommendations for application of the results to child
 3618  protection personnel employed by sheriff’s offices providing
 3619  child protection services in its report due October 1, 2017.
 3620         (b) The institute shall include an evaluation of the
 3621  effects of the other provisions of this act and recommendations
 3622  for improvements in child protection and child welfare services
 3623  in its report due October 1, 2018.
 3624         (7)The institute shall submit a report with
 3625  recommendations for improving the state’s child welfare system.
 3626  The report shall address topics including, but not limited to,
 3627  enhancing working relationships between the entities involved in
 3628  the child protection and child welfare system, identification of
 3629  and replication of best practices, reducing paperwork,
 3630  increasing the retention of child protective investigators and
 3631  case managers, and caring for medically complex children within
 3632  the child welfare system, with the goal of allowing the child to
 3633  remain in the least restrictive and most nurturing environment.
 3634  The institute shall submit an interim report by February 1,
 3635  2015, and final report by November 1, 2015, to the Governor, the
 3636  President of the Senate, and the Speaker of the House of
 3637  Representatives.
 3638         Section 43. Paragraph (h) is added to subsection (1) of
 3639  section 1009.25, Florida Statutes, to read:
 3640         1009.25 Fee exemptions.—
 3641         (1) The following students are exempt from the payment of
 3642  tuition and fees, including lab fees, at a school district that
 3643  provides workforce education programs, Florida College System
 3644  institution, or state university:
 3645         (h) Pursuant to s. 402.403, child protection and child
 3646  welfare personnel as defined in s. 402.402 who are enrolled in
 3647  an accredited bachelor’s degree or master’s degree in social
 3648  work program or completing coursework required pursuant to s.
 3649  402.402(2), provided that the student attains at least a grade
 3650  of “B” in all courses for which tuition and fees are exempted.
 3651         Section 44. Section 402.401, Florida Statutes, is repealed.
 3652         Section 45. Section 409.1671, Florida Statutes, is
 3653  repealed.
 3654         Section 46. Section 409.16715, Florida Statutes, is
 3655  repealed.
 3656         Section 47. Section 409.16745, Florida Statutes, is
 3657  repealed.
 3658         Section 48. Section 1004.61, Florida Statutes, is repealed.
 3659         Section 49. Paragraph (g) of subsection (1) of section
 3660  39.201, Florida Statutes, is amended to read:
 3661         39.201 Mandatory reports of child abuse, abandonment, or
 3662  neglect; mandatory reports of death; central abuse hotline.—
 3663         (1)
 3664         (g) Nothing in this chapter or in the contracting with
 3665  community-based care providers for foster care and related
 3666  services as specified in s. 409.987 s. 409.1671 shall be
 3667  construed to remove or reduce the duty and responsibility of any
 3668  person, including any employee of the community-based care
 3669  provider, to report a suspected or actual case of child abuse,
 3670  abandonment, or neglect or the sexual abuse of a child to the
 3671  department’s central abuse hotline.
 3672         Section 50. Subsection (1) of section 39.302, Florida
 3673  Statutes, is amended to read:
 3674         39.302 Protective investigations of institutional child
 3675  abuse, abandonment, or neglect.—
 3676         (1) The department shall conduct a child protective
 3677  investigation of each report of institutional child abuse,
 3678  abandonment, or neglect. Upon receipt of a report that alleges
 3679  that an employee or agent of the department, or any other entity
 3680  or person covered by s. 39.01(32) s. 39.01(33) or (47), acting
 3681  in an official capacity, has committed an act of child abuse,
 3682  abandonment, or neglect, the department shall initiate a child
 3683  protective investigation within the timeframe established under
 3684  s. 39.201(5) and notify the appropriate state attorney, law
 3685  enforcement agency, and licensing agency, which shall
 3686  immediately conduct a joint investigation, unless independent
 3687  investigations are more feasible. When conducting investigations
 3688  or having face-to-face interviews with the child, investigation
 3689  visits shall be unannounced unless it is determined by the
 3690  department or its agent that unannounced visits threaten the
 3691  safety of the child. If a facility is exempt from licensing, the
 3692  department shall inform the owner or operator of the facility of
 3693  the report. Each agency conducting a joint investigation is
 3694  entitled to full access to the information gathered by the
 3695  department in the course of the investigation. A protective
 3696  investigation must include an interview with the child’s parent
 3697  or legal guardian. The department shall make a full written
 3698  report to the state attorney within 3 working days after making
 3699  the oral report. A criminal investigation shall be coordinated,
 3700  whenever possible, with the child protective investigation of
 3701  the department. Any interested person who has information
 3702  regarding the offenses described in this subsection may forward
 3703  a statement to the state attorney as to whether prosecution is
 3704  warranted and appropriate. Within 15 days after the completion
 3705  of the investigation, the state attorney shall report the
 3706  findings to the department and shall include in the report a
 3707  determination of whether or not prosecution is justified and
 3708  appropriate in view of the circumstances of the specific case.
 3709         Section 51. Subsection (1) of section 39.524, Florida
 3710  Statutes, is amended to read:
 3711         39.524 Safe-harbor placement.—
 3712         (1) Except as provided in s. 39.407 or s. 985.801, a
 3713  dependent child 6 years of age or older who has been found to be
 3714  a victim of sexual exploitation as defined in s. 39.01(68)(g) s.
 3715  39.01(67)(g) must be assessed for placement in a safe house as
 3716  provided in s. 409.1678. The assessment shall be conducted by
 3717  the department or its agent and shall incorporate and address
 3718  current and historical information from any law enforcement
 3719  reports; psychological testing or evaluation that has occurred;
 3720  current and historical information from the guardian ad litem,
 3721  if one has been assigned; current and historical information
 3722  from any current therapist, teacher, or other professional who
 3723  has knowledge of the child and has worked with the child; and
 3724  any other information concerning the availability and
 3725  suitability of safe-house placement. If such placement is
 3726  determined to be appropriate as a result of this assessment, the
 3727  child may be placed in a safe house, if one is available. As
 3728  used in this section, the term “available” as it relates to a
 3729  placement means a placement that is located within the circuit
 3730  or otherwise reasonably accessible.
 3731         Section 52. Subsection (6) of section 316.613, Florida
 3732  Statutes, is amended to read:
 3733         316.613 Child restraint requirements.—
 3734         (6) The child restraint requirements imposed by this
 3735  section do not apply to a chauffeur-driven taxi, limousine,
 3736  sedan, van, bus, motor coach, or other passenger vehicle if the
 3737  operator and the motor vehicle are hired and used for the
 3738  transportation of persons for compensation. It is the obligation
 3739  and responsibility of the parent, guardian, or other person
 3740  responsible for a child’s welfare, as defined in s. 39.01(47),
 3741  to comply with the requirements of this section.
 3742         Section 53. Subsections (1), (3), and (5) of section
 3743  409.1676, Florida Statutes, are amended to read:
 3744         409.1676 Comprehensive residential group care services to
 3745  children who have extraordinary needs.—
 3746         (1) It is the intent of the Legislature to provide
 3747  comprehensive residential group care services, including
 3748  residential care, case management, and other services, to
 3749  children in the child protection system who have extraordinary
 3750  needs. These services are to be provided in a residential group
 3751  care setting by a not-for-profit corporation or a local
 3752  government entity under a contract with the Department of
 3753  Children and Families Family Services or by a lead agency as
 3754  described in s. 409.987 s. 409.1671. These contracts should be
 3755  designed to provide an identified number of children with access
 3756  to a full array of services for a fixed price. Further, it is
 3757  the intent of the Legislature that the Department of Children
 3758  and Families Family Services and the Department of Juvenile
 3759  Justice establish an interagency agreement by December 1, 2002,
 3760  which describes respective agency responsibilities for referral,
 3761  placement, service provision, and service coordination for
 3762  dependent and delinquent youth who are referred to these
 3763  residential group care facilities. The agreement must require
 3764  interagency collaboration in the development of terms,
 3765  conditions, and performance outcomes for residential group care
 3766  contracts serving the youth referred who have been adjudicated
 3767  both dependent and delinquent.
 3768         (3) The department, in accordance with a specific
 3769  appropriation for this program, shall contract with a not-for
 3770  profit corporation, a local government entity, or the lead
 3771  agency that has been established in accordance with s. 409.987
 3772  s. 409.1671 for the performance of residential group care
 3773  services described in this section. A lead agency that is
 3774  currently providing residential care may provide this service
 3775  directly with the approval of the local community alliance. The
 3776  department or a lead agency may contract for more than one site
 3777  in a county if that is determined to be the most effective way
 3778  to achieve the goals set forth in this section.
 3779         (5) The department may transfer all casework
 3780  responsibilities for children served under this program to the
 3781  entity that provides this service, including case management and
 3782  development and implementation of a case plan in accordance with
 3783  current standards for child protection services. When the
 3784  department establishes this program in a community that has a
 3785  lead agency as described in s. 409.987 s. 409.1671, the casework
 3786  responsibilities must be transferred to the lead agency.
 3787         Section 54. Subsection (2) of section 409.1677, Florida
 3788  Statutes, is amended to read:
 3789         409.1677 Model comprehensive residential services
 3790  programs.—
 3791         (2) The department shall establish a model comprehensive
 3792  residential services program in Manatee and Miami-Dade Counties
 3793  through a contract with the designated lead agency established
 3794  in accordance with s. 409.987 s. 409.1671 or with a private
 3795  entity capable of providing residential group care and home
 3796  based care and experienced in the delivery of a range of
 3797  services to foster children, if no lead agency exists. These
 3798  model programs are to serve that portion of eligible children
 3799  within each county which is specified in the contract, based on
 3800  funds appropriated, to include a full array of services for a
 3801  fixed price. The private entity or lead agency is responsible
 3802  for all programmatic functions necessary to carry out the intent
 3803  of this section.
 3804         Section 55. Paragraph (d) of subsection (1) of section
 3805  409.1678, Florida Statutes, is amended to read:
 3806         409.1678 Safe harbor for children who are victims of sexual
 3807  exploitation.—
 3808         (1) As used in this section, the term:
 3809         (d) “Sexually exploited child” means a dependent child who
 3810  has suffered sexual exploitation as defined in s. 39.01(68)(g)
 3811  s. 39.01(67)(g) and is ineligible for relief and benefits under
 3812  the federal Trafficking Victims Protection Act, 22 U.S.C. ss.
 3813  7101 et seq.
 3814         Section 56. Subsection (24) of section 409.906, Florida
 3815  Statutes, is amended to read:
 3816         409.906 Optional Medicaid services.—Subject to specific
 3817  appropriations, the agency may make payments for services which
 3818  are optional to the state under Title XIX of the Social Security
 3819  Act and are furnished by Medicaid providers to recipients who
 3820  are determined to be eligible on the dates on which the services
 3821  were provided. Any optional service that is provided shall be
 3822  provided only when medically necessary and in accordance with
 3823  state and federal law. Optional services rendered by providers
 3824  in mobile units to Medicaid recipients may be restricted or
 3825  prohibited by the agency. Nothing in this section shall be
 3826  construed to prevent or limit the agency from adjusting fees,
 3827  reimbursement rates, lengths of stay, number of visits, or
 3828  number of services, or making any other adjustments necessary to
 3829  comply with the availability of moneys and any limitations or
 3830  directions provided for in the General Appropriations Act or
 3831  chapter 216. If necessary to safeguard the state’s systems of
 3832  providing services to elderly and disabled persons and subject
 3833  to the notice and review provisions of s. 216.177, the Governor
 3834  may direct the Agency for Health Care Administration to amend
 3835  the Medicaid state plan to delete the optional Medicaid service
 3836  known as “Intermediate Care Facilities for the Developmentally
 3837  Disabled.” Optional services may include:
 3838         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 3839  Health Care Administration, in consultation with the Department
 3840  of Children and Families Family Services, may establish a
 3841  targeted case-management project in those counties identified by
 3842  the Department of Children and Families Family Services and for
 3843  all counties with a community-based child welfare project, as
 3844  authorized under s. 409.987 s. 409.1671, which have been
 3845  specifically approved by the department. The covered group of
 3846  individuals who are eligible to receive targeted case management
 3847  include children who are eligible for Medicaid; who are between
 3848  the ages of birth through 21; and who are under protective
 3849  supervision or postplacement supervision, under foster-care
 3850  supervision, or in shelter care or foster care. The number of
 3851  individuals who are eligible to receive targeted case management
 3852  is limited to the number for whom the Department of Children and
 3853  Families Family Services has matching funds to cover the costs.
 3854  The general revenue funds required to match the funds for
 3855  services provided by the community-based child welfare projects
 3856  are limited to funds available for services described under s.
 3857  409.990 s. 409.1671. The Department of Children and Families
 3858  Family Services may transfer the general revenue matching funds
 3859  as billed by the Agency for Health Care Administration.
 3860         Section 57. Paragraph (b) of subsection (4) of section
 3861  409.912, Florida Statutes, is amended to read:
 3862         409.912 Cost-effective purchasing of health care.—The
 3863  agency shall purchase goods and services for Medicaid recipients
 3864  in the most cost-effective manner consistent with the delivery
 3865  of quality medical care. To ensure that medical services are
 3866  effectively utilized, the agency may, in any case, require a
 3867  confirmation or second physician’s opinion of the correct
 3868  diagnosis for purposes of authorizing future services under the
 3869  Medicaid program. This section does not restrict access to
 3870  emergency services or poststabilization care services as defined
 3871  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 3872  shall be rendered in a manner approved by the agency. The agency
 3873  shall maximize the use of prepaid per capita and prepaid
 3874  aggregate fixed-sum basis services when appropriate and other
 3875  alternative service delivery and reimbursement methodologies,
 3876  including competitive bidding pursuant to s. 287.057, designed
 3877  to facilitate the cost-effective purchase of a case-managed
 3878  continuum of care. The agency shall also require providers to
 3879  minimize the exposure of recipients to the need for acute
 3880  inpatient, custodial, and other institutional care and the
 3881  inappropriate or unnecessary use of high-cost services. The
 3882  agency shall contract with a vendor to monitor and evaluate the
 3883  clinical practice patterns of providers in order to identify
 3884  trends that are outside the normal practice patterns of a
 3885  provider’s professional peers or the national guidelines of a
 3886  provider’s professional association. The vendor must be able to
 3887  provide information and counseling to a provider whose practice
 3888  patterns are outside the norms, in consultation with the agency,
 3889  to improve patient care and reduce inappropriate utilization.
 3890  The agency may mandate prior authorization, drug therapy
 3891  management, or disease management participation for certain
 3892  populations of Medicaid beneficiaries, certain drug classes, or
 3893  particular drugs to prevent fraud, abuse, overuse, and possible
 3894  dangerous drug interactions. The Pharmaceutical and Therapeutics
 3895  Committee shall make recommendations to the agency on drugs for
 3896  which prior authorization is required. The agency shall inform
 3897  the Pharmaceutical and Therapeutics Committee of its decisions
 3898  regarding drugs subject to prior authorization. The agency is
 3899  authorized to limit the entities it contracts with or enrolls as
 3900  Medicaid providers by developing a provider network through
 3901  provider credentialing. The agency may competitively bid single
 3902  source-provider contracts if procurement of goods or services
 3903  results in demonstrated cost savings to the state without
 3904  limiting access to care. The agency may limit its network based
 3905  on the assessment of beneficiary access to care, provider
 3906  availability, provider quality standards, time and distance
 3907  standards for access to care, the cultural competence of the
 3908  provider network, demographic characteristics of Medicaid
 3909  beneficiaries, practice and provider-to-beneficiary standards,
 3910  appointment wait times, beneficiary use of services, provider
 3911  turnover, provider profiling, provider licensure history,
 3912  previous program integrity investigations and findings, peer
 3913  review, provider Medicaid policy and billing compliance records,
 3914  clinical and medical record audits, and other factors. Providers
 3915  are not entitled to enrollment in the Medicaid provider network.
 3916  The agency shall determine instances in which allowing Medicaid
 3917  beneficiaries to purchase durable medical equipment and other
 3918  goods is less expensive to the Medicaid program than long-term
 3919  rental of the equipment or goods. The agency may establish rules
 3920  to facilitate purchases in lieu of long-term rentals in order to
 3921  protect against fraud and abuse in the Medicaid program as
 3922  defined in s. 409.913. The agency may seek federal waivers
 3923  necessary to administer these policies.
 3924         (4) The agency may contract with:
 3925         (b) An entity that is providing comprehensive behavioral
 3926  health care services to certain Medicaid recipients through a
 3927  capitated, prepaid arrangement pursuant to the federal waiver
 3928  provided for by s. 409.905(5). Such entity must be licensed
 3929  under chapter 624, chapter 636, or chapter 641, or authorized
 3930  under paragraph (c) or paragraph (d), and must possess the
 3931  clinical systems and operational competence to manage risk and
 3932  provide comprehensive behavioral health care to Medicaid
 3933  recipients. As used in this paragraph, the term “comprehensive
 3934  behavioral health care services” means covered mental health and
 3935  substance abuse treatment services that are available to
 3936  Medicaid recipients. The secretary of the Department of Children
 3937  and Families Family Services shall approve provisions of
 3938  procurements related to children in the department’s care or
 3939  custody before enrolling such children in a prepaid behavioral
 3940  health plan. Any contract awarded under this paragraph must be
 3941  competitively procured. In developing the behavioral health care
 3942  prepaid plan procurement document, the agency shall ensure that
 3943  the procurement document requires the contractor to develop and
 3944  implement a plan to ensure compliance with s. 394.4574 related
 3945  to services provided to residents of licensed assisted living
 3946  facilities that hold a limited mental health license. Except as
 3947  provided in subparagraph 5., and except in counties where the
 3948  Medicaid managed care pilot program is authorized pursuant to s.
 3949  409.91211, the agency shall seek federal approval to contract
 3950  with a single entity meeting these requirements to provide
 3951  comprehensive behavioral health care services to all Medicaid
 3952  recipients not enrolled in a Medicaid managed care plan
 3953  authorized under s. 409.91211, a provider service network
 3954  authorized under paragraph (d), or a Medicaid health maintenance
 3955  organization in an AHCA area. In an AHCA area where the Medicaid
 3956  managed care pilot program is authorized pursuant to s.
 3957  409.91211 in one or more counties, the agency may procure a
 3958  contract with a single entity to serve the remaining counties as
 3959  an AHCA area or the remaining counties may be included with an
 3960  adjacent AHCA area and are subject to this paragraph. Each
 3961  entity must offer a sufficient choice of providers in its
 3962  network to ensure recipient access to care and the opportunity
 3963  to select a provider with whom they are satisfied. The network
 3964  shall include all public mental health hospitals. To ensure
 3965  unimpaired access to behavioral health care services by Medicaid
 3966  recipients, all contracts issued pursuant to this paragraph must
 3967  require 80 percent of the capitation paid to the managed care
 3968  plan, including health maintenance organizations and capitated
 3969  provider service networks, to be expended for the provision of
 3970  behavioral health care services. If the managed care plan
 3971  expends less than 80 percent of the capitation paid for the
 3972  provision of behavioral health care services, the difference
 3973  shall be returned to the agency. The agency shall provide the
 3974  plan with a certification letter indicating the amount of
 3975  capitation paid during each calendar year for behavioral health
 3976  care services pursuant to this section. The agency may reimburse
 3977  for substance abuse treatment services on a fee-for-service
 3978  basis until the agency finds that adequate funds are available
 3979  for capitated, prepaid arrangements.
 3980         1. The agency shall modify the contracts with the entities
 3981  providing comprehensive inpatient and outpatient mental health
 3982  care services to Medicaid recipients in Hillsborough, Highlands,
 3983  Hardee, Manatee, and Polk Counties, to include substance abuse
 3984  treatment services.
 3985         2. Except as provided in subparagraph 5., the agency and
 3986  the Department of Children and Families Family Services shall
 3987  contract with managed care entities in each AHCA area except
 3988  area 6 or arrange to provide comprehensive inpatient and
 3989  outpatient mental health and substance abuse services through
 3990  capitated prepaid arrangements to all Medicaid recipients who
 3991  are eligible to participate in such plans under federal law and
 3992  regulation. In AHCA areas where eligible individuals number less
 3993  than 150,000, the agency shall contract with a single managed
 3994  care plan to provide comprehensive behavioral health services to
 3995  all recipients who are not enrolled in a Medicaid health
 3996  maintenance organization, a provider service network authorized
 3997  under paragraph (d), or a Medicaid capitated managed care plan
 3998  authorized under s. 409.91211. The agency may contract with more
 3999  than one comprehensive behavioral health provider to provide
 4000  care to recipients who are not enrolled in a Medicaid capitated
 4001  managed care plan authorized under s. 409.91211, a provider
 4002  service network authorized under paragraph (d), or a Medicaid
 4003  health maintenance organization in AHCA areas where the eligible
 4004  population exceeds 150,000. In an AHCA area where the Medicaid
 4005  managed care pilot program is authorized pursuant to s.
 4006  409.91211 in one or more counties, the agency may procure a
 4007  contract with a single entity to serve the remaining counties as
 4008  an AHCA area or the remaining counties may be included with an
 4009  adjacent AHCA area and shall be subject to this paragraph.
 4010  Contracts for comprehensive behavioral health providers awarded
 4011  pursuant to this section shall be competitively procured. Both
 4012  for-profit and not-for-profit corporations are eligible to
 4013  compete. Managed care plans contracting with the agency under
 4014  subsection (3) or paragraph (d) shall provide and receive
 4015  payment for the same comprehensive behavioral health benefits as
 4016  provided in AHCA rules, including handbooks incorporated by
 4017  reference. In AHCA area 11, the agency shall contract with at
 4018  least two comprehensive behavioral health care providers to
 4019  provide behavioral health care to recipients in that area who
 4020  are enrolled in, or assigned to, the MediPass program. One of
 4021  the behavioral health care contracts must be with the existing
 4022  provider service network pilot project, as described in
 4023  paragraph (d), for the purpose of demonstrating the cost
 4024  effectiveness of the provision of quality mental health services
 4025  through a public hospital-operated managed care model. Payment
 4026  shall be at an agreed-upon capitated rate to ensure cost
 4027  savings. Of the recipients in area 11 who are assigned to
 4028  MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those
 4029  MediPass-enrolled recipients shall be assigned to the existing
 4030  provider service network in area 11 for their behavioral care.
 4031         3. Children residing in a statewide inpatient psychiatric
 4032  program, or in a Department of Juvenile Justice or a Department
 4033  of Children and Families Family Services residential program
 4034  approved as a Medicaid behavioral health overlay services
 4035  provider may not be included in a behavioral health care prepaid
 4036  health plan or any other Medicaid managed care plan pursuant to
 4037  this paragraph.
 4038         4. Traditional community mental health providers under
 4039  contract with the Department of Children and Families Family
 4040  Services pursuant to part IV of chapter 394, child welfare
 4041  providers under contract with the Department of Children and
 4042  Families Family Services in areas 1 and 6, and inpatient mental
 4043  health providers licensed pursuant to chapter 395 must be
 4044  offered an opportunity to accept or decline a contract to
 4045  participate in any provider network for prepaid behavioral
 4046  health services.
 4047         5. All Medicaid-eligible children, except children in area
 4048  1 and children in Highlands County, Hardee County, Polk County,
 4049  or Manatee County of area 6, which that are open for child
 4050  welfare services in the statewide automated child welfare
 4051  information system, shall receive their behavioral health care
 4052  services through a specialty prepaid plan operated by community
 4053  based lead agencies through a single agency or formal agreements
 4054  among several agencies. The agency shall work with the specialty
 4055  plan to develop clinically effective, evidence-based
 4056  alternatives as a downward substitution for the statewide
 4057  inpatient psychiatric program and similar residential care and
 4058  institutional services. The specialty prepaid plan must result
 4059  in savings to the state comparable to savings achieved in other
 4060  Medicaid managed care and prepaid programs. Such plan must
 4061  provide mechanisms to maximize state and local revenues. The
 4062  specialty prepaid plan shall be developed by the agency and the
 4063  Department of Children and Families Family Services. The agency
 4064  may seek federal waivers to implement this initiative. Medicaid
 4065  eligible children whose cases are open for child welfare
 4066  services in the statewide automated child welfare information
 4067  system and who reside in AHCA area 10 shall be enrolled in a
 4068  capitated provider service network or other capitated managed
 4069  care plan, which, in coordination with available community-based
 4070  care providers specified in s. 409.987 s. 409.1671, shall
 4071  provide sufficient medical, developmental, and behavioral health
 4072  services to meet the needs of these children.
 4074  Effective July 1, 2012, in order to ensure continuity of care,
 4075  the agency is authorized to extend or modify current contracts
 4076  based on current service areas or on a regional basis, as
 4077  determined appropriate by the agency, with comprehensive
 4078  behavioral health care providers as described in this paragraph
 4079  during the period prior to its expiration. This paragraph
 4080  expires October 1, 2014.
 4081         Section 58. Paragraph (dd) of subsection (3) of section
 4082  409.91211, Florida Statutes, is amended to read:
 4083         409.91211 Medicaid managed care pilot program.—
 4084         (3) The agency shall have the following powers, duties, and
 4085  responsibilities with respect to the pilot program:
 4086         (dd) To implement service delivery mechanisms within a
 4087  specialty plan in area 10 to provide behavioral health care
 4088  services to Medicaid-eligible children whose cases are open for
 4089  child welfare services in the HomeSafeNet system. These services
 4090  must be coordinated with community-based care providers as
 4091  specified in s. 409.986 s. 409.1671, where available, and be
 4092  sufficient to meet the developmental, behavioral, and emotional
 4093  needs of these children. Children in area 10 who have an open
 4094  case in the HomeSafeNet system shall be enrolled into the
 4095  specialty plan. These service delivery mechanisms must be
 4096  implemented no later than July 1, 2011, in AHCA area 10 in order
 4097  for the children in AHCA area 10 to remain exempt from the
 4098  statewide plan under s. 409.912(4)(b)5. An administrative fee
 4099  may be paid to the specialty plan for the coordination of
 4100  services based on the receipt of the state share of that fee
 4101  being provided through intergovernmental transfers.
 4102         Section 59. Paragraph (d) of subsection (1) of section
 4103  420.628, Florida Statutes, is amended to read:
 4104         420.628 Affordable housing for children and young adults
 4105  leaving foster care; legislative findings and intent.—
 4106         (1)
 4107         (d) The Legislature intends that the Florida Housing
 4108  Finance Corporation, agencies within the State Housing
 4109  Initiative Partnership Program, local housing finance agencies,
 4110  public housing authorities, and their agents, and other
 4111  providers of affordable housing coordinate with the Department
 4112  of Children and Families Family Services, their agents, and
 4113  community-based care providers who provide services under s.
 4114  409.986 s. 409.1671 to develop and implement strategies and
 4115  procedures designed to make affordable housing available
 4116  whenever and wherever possible to young adults who leave the
 4117  child welfare system.
 4118         Section 60. Subsection (5) of section 960.065, Florida
 4119  Statutes, is amended to read:
 4120         960.065 Eligibility for awards.—
 4121         (5) A person is not ineligible for an award pursuant to
 4122  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 4123  person is a victim of sexual exploitation of a child as defined
 4124  in s. 39.01(68)(g) s. 39.01(67)(g).
 4125         Section 61. This act shall take effect July 1, 2014.