Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1666
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2014           .                                

       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (3) through (5) of section
    6  20.19, Florida Statutes, are renumbered as subsections (4)
    7  through (6), respectively, subsection (2) and present subsection
    8  (4) are amended, and a new subsection (3) is added to that
    9  section, to read:
   10         20.19 Department of Children and Families.—There is created
   11  a Department of Children and Families.
   13         (a) The head of the department is the Secretary of Children
   14  and Families. The secretary is appointed by the Governor,
   15  subject to confirmation by the Senate. The secretary serves at
   16  the pleasure of the Governor.
   17         (b) The secretary shall appoint a deputy secretary who
   18  shall act in the absence of the secretary. The deputy secretary
   19  is directly responsible to the secretary, performs such duties
   20  as are assigned by the secretary, and serves at the pleasure of
   21  the secretary.
   22         (3) ASSISTANT SECRETARIES.—
   23         (a) Child welfare.
   24         1. The secretary shall appoint an Assistant Secretary for
   25  Child Welfare to lead the department in carrying out its duties
   26  and responsibilities for child protection and child welfare. The
   27  assistant secretary shall serve at the pleasure of the
   28  secretary.
   29         2. The assistant secretary must have at least 7 years of
   30  experience working in organizations that deliver child
   31  protective or child welfare services.
   32         (b) Substance abuse and mental health.
   33         (c)1. The secretary shall appoint an Assistant Secretary
   34  for Substance Abuse and Mental Health. The assistant secretary
   35  shall serve at the pleasure of the secretary and must have
   36  expertise in both areas of responsibility.
   37         2. The secretary shall appoint a Director for Substance
   38  Abuse and Mental Health who has the requisite expertise and
   39  experience to head the state’s Substance Abuse and Mental Health
   40  Program Office.
   41         (5)(4) COMMUNITY ALLIANCES.—
   42         (a) The department shall, in consultation with local
   43  communities, establish a community alliance or similar group of
   44  the stakeholders, community leaders, client representatives and
   45  funders of human services in each county to provide a focal
   46  point for community participation and feedback into governance
   47  of community-based services. An alliance may cover more than one
   48  county when such arrangement is determined to provide for more
   49  effective representation. The community alliance shall represent
   50  the diversity of the community.
   51         (b) The duties of the community alliance include, but are
   52  not limited to:
   53         1. Providing independent and community-focused assessment
   54  of child protection and child welfare services and the local
   55  system of community-based care as described in s. 409.998.
   56         2.1. Joint planning for resource utilization in the
   57  community, including resources appropriated to the department
   58  and any funds that local funding sources choose to provide.
   59         3.2. Needs assessment and establishment of community
   60  priorities for service delivery.
   61         4.3. Determining community outcome goals to supplement
   62  state-required outcomes.
   63         5.4. Serving as a catalyst for community resource
   64  development.
   65         6.5. Providing for community education and advocacy on
   66  issues related to delivery of services.
   67         7.6. Promoting prevention and early intervention services.
   68         (c) The department shall ensure, to the greatest extent
   69  possible, that the formation of each community alliance builds
   70  on the strengths of the existing community human services
   71  infrastructure.
   72         (d) The initial membership of the community alliance in a
   73  county shall be composed of the following:
   74         1. A representative from the department.
   75         2. A representative from county government.
   76         3. A representative from the school district.
   77         4. A representative from the county United Way.
   78         5. A representative from the county sheriff’s office.
   79         6. A representative from the circuit court corresponding to
   80  the county.
   81         7. A representative from the county children’s board, if
   82  one exists.
   84  This paragraph is repealed on July 1, 2015.
   85         (e)No later than July 1, 2015, the alliance shall ensure
   86  its membership and member selection process meets the following
   87  requirements:
   88         1. The total number of voting members shall be at least
   89  nine and no more than 25 individuals. The alliance may establish
   90  committees, task forces, and other advisory groups to create
   91  opportunities for participation for community representatives
   92  who are not voting members of the alliance.
   93         2. The voting members of the alliance shall include
   94  individuals with a variety of backgrounds and experience. At
   95  least one member must be from a family who has received
   96  community services. At least one person shall have experience in
   97  each of the following areas:
   98         a. Community service organizations;
   99         b. Education;
  100         c. Law enforcement;
  101         d. Local government;
  102         e. Legal services;
  103         f. The judiciary;
  104         g. Philanthropic organizations; and
  105         h. Children’s service organizations.
  106         3. The alliance shall include two ex officio, nonvoting
  107  members, one of whom is designated by the secretary to represent
  108  the department and one of whom is designated by the community
  109  based care lead agency.
  110         4. The recruitment and selection of alliance members shall
  111  be an open and transparent process that allows for individuals
  112  and organizations to nominate potential candidates.
  113         (f) The community alliance shall adopt or amend bylaws to
  114  comply with paragraph (e).
  115         (g) The department shall appoint a statewide advisory
  116  committee to assist alliances to comply with this subsection.
  117  The advisory committee shall consist of a representative of the
  118  department designated by the secretary, the chief child
  119  advocate, a representative designated by the Florida Coalition
  120  of Children, and two persons currently serving on an alliance.
  121         (e) At any time after the initial meeting of the community
  122  alliance, the community alliance shall adopt bylaws and may
  123  increase the membership of the alliance to include the state
  124  attorney for the judicial circuit in which the community
  125  alliance is located, or his or her designee, the public defender
  126  for the judicial circuit in which the community alliance is
  127  located, or his or her designee, and other individuals and
  128  organizations who represent funding organizations, are community
  129  leaders, have knowledge of community-based service issues, or
  130  otherwise represent perspectives that will enable them to
  131  accomplish the duties listed in paragraph (b), if, in the
  132  judgment of the alliance, such change is necessary to adequately
  133  represent the diversity of the population within the community
  134  alliance service circuits.
  135         (h)(f) A member of the community alliance, other than a
  136  member specified in paragraph (d), may not receive payment for
  137  contractual services from the department or a community-based
  138  care lead agency.
  139         (i)(g) Members of the community alliances shall serve
  140  without compensation, but are entitled to receive reimbursement
  141  for per diem and travel expenses, as provided in s. 112.061.
  142  Payment may also be authorized for preapproved child care
  143  expenses or lost wages for members who are consumers of the
  144  department’s services and for preapproved child care expenses
  145  for other members who demonstrate hardship.
  146         (j)(h) Members of a community alliance are subject to the
  147  provisions of part III of chapter 112, the Code of Ethics for
  148  Public Officers and Employees.
  149         (k)(i) Actions taken by a community alliance must be
  150  consistent with department policy and state and federal laws,
  151  rules, and regulations.
  152         (l)(j) Alliance members shall annually submit a disclosure
  153  statement of services interests to the department’s inspector
  154  general. Any member who has an interest in a matter under
  155  consideration by the alliance must abstain from voting on that
  156  matter.
  157         (m)(k) All alliance meetings are open to the public
  158  pursuant to s. 286.011 and the public records provision of s.
  159  119.07(1).
  160         Section 2. Paragraphs (b), (c), (g), and (k) of subsection
  161  (1) of section 39.001, Florida Statutes, are amended, paragraphs
  162  (o) and (p) are added to that subsection, present paragraphs (f)
  163  through (h) of subsection (3) are redesignated as paragraphs (g)
  164  through (i), respectively, and a new paragraph (f) is added to
  165  that subsection, present subsections (4) through (11) are
  166  renumbered as subsections (5) through (12), respectively, and a
  167  new subsection (4) is added to that section, and paragraph (c)
  168  of present subsection (8) and paragraph (b) of present
  169  subsection (10) of that section are amended, to read:
  170         39.001 Purposes and intent; personnel standards and
  171  screening.—
  172         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
  173         (b) To recognize that most families desire to be competent
  174  caregivers and providers for their children and that children
  175  achieve their greatest potential when families are able to
  176  support and nurture the growth and development of their
  177  children. Therefore, the Legislature finds that policies and
  178  procedures that provide for prevention and intervention through
  179  the department’s child protection system should be based on the
  180  following principles:
  181         1. The health and safety of the children served shall be of
  182  paramount concern.
  183         2. The prevention and intervention should engage families
  184  in constructive, supportive, and nonadversarial relationships.
  185         3. The prevention and intervention should intrude as little
  186  as possible into the life of the family, be focused on clearly
  187  defined objectives, and take the most parsimonious path to
  188  remedy a family’s problems, keeping the safety of the child or
  189  children as the paramount concern.
  190         4. The prevention and intervention should be based upon
  191  outcome evaluation results that demonstrate success in
  192  protecting children and supporting families.
  193         (c) To provide a child protection system that reflects a
  194  partnership between the department, other agencies, the courts,
  195  law enforcement agencies, service providers, and local
  196  communities.
  197         (g) To ensure that the parent or legal custodian from whose
  198  custody the child has been taken assists the department to the
  199  fullest extent possible in locating relatives suitable to serve
  200  as caregivers for the child and provides all medical and
  201  educational information, or consent for access thereto, needed
  202  to help the child.
  203         (k) To make every possible effort, if when two or more
  204  children who are in the care or under the supervision of the
  205  department are siblings, to place the siblings in the same home;
  206  and in the event of permanent placement of the siblings, to
  207  place them in the same adoptive home or, if the siblings are
  208  separated while under the care or supervision of the department
  209  or in a permanent placement, to keep them in contact with each
  210  other.
  211         (o) To preserve and strengthen families who are caring for
  212  medically complex children.
  213         (p) To provide protective investigations that are conducted
  214  by trained persons in a complete and fair manner, that are
  215  promptly concluded, and that consider the purposes of this
  216  subsection and the general protections provided by law relating
  217  to child welfare.
  218         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  219  the Legislature that the children of this state be provided with
  220  the following protections:
  221         (f) Access to sufficient home and community-based support
  222  for medically complex children to allow them to remain in the
  223  least restrictive and most nurturing environment, which includes
  224  sufficient services in an amount and scope comparable to those
  225  services the child would receive in out-of-home care placement.
  226         (4) SERVICES FOR MEDICALLY COMPLEX CHILDREN.—The department
  227  shall maintain a program of family-centered services and
  228  supports for medically complex children. The purpose of the
  229  program is to prevent abuse and neglect of medically complex
  230  children while enhancing the capacity of families to provide for
  231  their children’s needs. Program services must include outreach,
  232  early intervention, and the provision of home and community
  233  based services, such as care coordination, respite care, and
  234  direct home care. The department shall work with the Agency for
  235  Health Care Administration and the Department of Health to
  236  provide such services.
  238         (c) The office is authorized and directed to:
  239         1. Oversee the preparation and implementation of the state
  240  plan established under subsection (10) (9) and revise and update
  241  the state plan as necessary.
  242         2. Provide for or make available continuing professional
  243  education and training in the prevention of child abuse and
  244  neglect.
  245         3. Work to secure funding in the form of appropriations,
  246  gifts, and grants from the state, the Federal Government, and
  247  other public and private sources in order to ensure that
  248  sufficient funds are available for the promotion of adoption,
  249  support of adoptive families, and child abuse prevention
  250  efforts.
  251         4. Make recommendations pertaining to agreements or
  252  contracts for the establishment and development of:
  253         a. Programs and services for the promotion of adoption,
  254  support of adoptive families, and prevention of child abuse and
  255  neglect.
  256         b. Training programs for the prevention of child abuse and
  257  neglect.
  258         c. Multidisciplinary and discipline-specific training
  259  programs for professionals with responsibilities affecting
  260  children, young adults, and families.
  261         d. Efforts to promote adoption.
  262         e. Postadoptive services to support adoptive families.
  263         5. Monitor, evaluate, and review the development and
  264  quality of local and statewide services and programs for the
  265  promotion of adoption, support of adoptive families, and
  266  prevention of child abuse and neglect and shall publish and
  267  distribute an annual report of its findings on or before January
  268  1 of each year to the Governor, the Speaker of the House of
  269  Representatives, the President of the Senate, the head of each
  270  state agency affected by the report, and the appropriate
  271  substantive committees of the Legislature. The report shall
  272  include:
  273         a. A summary of the activities of the office.
  274         b. A summary of the adoption data collected and reported to
  275  the federal Adoption and Foster Care Analysis and Reporting
  276  System (AFCARS) and the federal Administration for Children and
  277  Families.
  278         c. A summary of the child abuse prevention data collected
  279  and reported to the National Child Abuse and Neglect Data System
  280  (NCANDS) and the federal Administration for Children and
  281  Families.
  282         d. A summary detailing the timeliness of the adoption
  283  process for children adopted from within the child welfare
  284  system.
  285         e. Recommendations, by state agency, for the further
  286  development and improvement of services and programs for the
  287  promotion of adoption, support of adoptive families, and
  288  prevention of child abuse and neglect.
  289         f. Budget requests, adoption promotion and support needs,
  290  and child abuse prevention program needs by state agency.
  291         6. Work with the direct-support organization established
  292  under s. 39.0011 to receive financial assistance.
  293         (11)(10) FUNDING AND SUBSEQUENT PLANS.—
  294         (b) The office and the other agencies and organizations
  295  listed in paragraph (10)(a) (9)(a) shall readdress the state
  296  plan and make necessary revisions every 5 years, at a minimum.
  297  Such revisions shall be submitted to the Speaker of the House of
  298  Representatives and the President of the Senate no later than
  299  June 30 of each year divisible by 5. At least biennially, the
  300  office shall review the state plan and make any necessary
  301  revisions based on changing needs and program evaluation
  302  results. An annual progress report shall be submitted to update
  303  the state plan in the years between the 5-year intervals. In
  304  order to avoid duplication of effort, these required plans may
  305  be made a part of or merged with other plans required by either
  306  the state or Federal Government, so long as the portions of the
  307  other state or Federal Government plan that constitute the state
  308  plan for the promotion of adoption, support of adoptive
  309  families, and prevention of child abuse, abandonment, and
  310  neglect are clearly identified as such and are provided to the
  311  Speaker of the House of Representatives and the President of the
  312  Senate as required under this section above.
  313         Section 3. Present subsections (59) through (65) are
  314  redesignated as subsections (60) through (66), respectively,
  315  present subsections (67) through (69) are redesignated as
  316  subsections (68) through (70), respectively, present subsections
  317  (70) through (76) are redesignated as subsections (72) through
  318  (78), respectively, new subsections (31), (41), (59), (67), and
  319  (71) are added to that section, and subsections (7), (14), (18),
  320  (22), (26), and (27) and present subsections (28) through (41),
  321  (59), and (65) of that section are amended, to read:
  322         39.01 Definitions.—When used in this chapter, unless the
  323  context otherwise requires:
  324         (7) “Alleged juvenile sexual offender” means:
  325         (a) A child 12 years of age or younger who is alleged to
  326  have committed a violation of chapter 794, chapter 796, chapter
  327  800, s. 827.071, or s. 847.0133; or
  328         (b) A child who is alleged to have committed any violation
  329  of law or delinquent act involving juvenile sexual abuse.
  330  “Juvenile sexual abuse” means any sexual behavior which occurs
  331  without consent, without equality, or as a result of coercion.
  332  For purposes of this subsection paragraph, the following
  333  definitions apply:
  334         (a)1. “Coercion” means the exploitation of authority or the
  335  use of bribes, threats of force, or intimidation to gain
  336  cooperation or compliance.
  337         (b)2. “Equality” means two participants operating with the
  338  same level of power in a relationship, neither being controlled
  339  nor coerced by the other.
  340         (c)3. “Consent” means an agreement, including all of the
  341  following:
  342         1.a. Understanding what is proposed based on age, maturity,
  343  developmental level, functioning, and experience.
  344         2.b. Knowledge of societal standards for what is being
  345  proposed.
  346         3.c. Awareness of potential consequences and alternatives.
  347         4.d. Assumption that agreement or disagreement will be
  348  accepted equally.
  349         5.e. Voluntary decision.
  350         6.f. Mental competence.
  352  Juvenile sexual offender behavior ranges from noncontact sexual
  353  behavior such as making obscene phone calls, exhibitionism,
  354  voyeurism, and the showing or taking of lewd photographs to
  355  varying degrees of direct sexual contact, such as frottage,
  356  fondling, digital penetration, rape, fellatio, sodomy, and
  357  various other sexually aggressive acts.
  358         (14) “Child who has exhibited inappropriate sexual
  359  behavior” means a child who is 12 years of age or younger and
  360  who has been found by the department or the court to have
  361  committed an inappropriate sexual act.
  362         (18) “Comprehensive assessment” or “assessment” means the
  363  gathering of information for the evaluation of a child’s and
  364  caregiver’s physical, psychiatric, psychological, or mental
  365  health; developmental delays or challenges; and, educational,
  366  vocational, and social condition and family environment as they
  367  relate to the child’s and caregiver’s need for rehabilitative
  368  and treatment services, including substance abuse treatment
  369  services, mental health services, developmental services,
  370  literacy services, medical services, family services, and other
  371  specialized services, as appropriate.
  372         (22) “Diligent efforts by a parent” means a course of
  373  conduct which results in a meaningful change in the behavior of
  374  a parent that reduces reduction in risk to the child in the
  375  child’s home to the extent that would allow the child may to be
  376  safely placed permanently back in the home as set forth in the
  377  case plan.
  378         (26) “District” means any one of the 15 service districts
  379  of the department established pursuant to s. 20.19.
  380         (27) “District administrator” means the chief operating
  381  officer of each service district of the department as defined in
  382  s. 20.19(5) and, where appropriate, includes any district
  383  administrator whose service district falls within the boundaries
  384  of a judicial circuit.
  385         (26)(28) “Expedited termination of parental rights” means
  386  proceedings wherein a case plan with the goal of reunification
  387  is not being offered.
  388         (27)(29) “False report” means a report of abuse, neglect,
  389  or abandonment of a child to the central abuse hotline, which
  390  report is maliciously made for the purpose of:
  391         (a) Harassing, embarrassing, or harming another person;
  392         (b) Personal financial gain for the reporting person;
  393         (c) Acquiring custody of a child; or
  394         (d) Personal benefit for the reporting person in any other
  395  private dispute involving a child.
  397  The term “false report” does not include a report of abuse,
  398  neglect, or abandonment of a child made in good faith to the
  399  central abuse hotline.
  400         (28)(30) “Family” means a collective body of persons,
  401  consisting of a child and a parent, legal custodian, or adult
  402  relative, in which:
  403         (a) The persons reside in the same house or living unit; or
  404         (b) The parent, legal custodian, or adult relative has a
  405  legal responsibility by blood, marriage, or court order to
  406  support or care for the child.
  407         (29)(31) “Foster care” means care provided a child in a
  408  foster family or boarding home, group home, agency boarding
  409  home, child care institution, or any combination thereof.
  410         (30)(32) “Harm” to a child’s health or welfare can occur
  411  when any person:
  412         (a) Inflicts or allows to be inflicted upon the child
  413  physical, mental, or emotional injury. In determining whether
  414  harm has occurred, the following factors must be considered in
  415  evaluating any physical, mental, or emotional injury to a child:
  416  the age of the child; any prior history of injuries to the
  417  child; the location of the injury on the body of the child; the
  418  multiplicity of the injury; and the type of trauma inflicted.
  419  Such injury includes, but is not limited to:
  420         1. Willful acts that produce the following specific
  421  injuries:
  422         a. Sprains, dislocations, or cartilage damage.
  423         b. Bone or skull fractures.
  424         c. Brain or spinal cord damage.
  425         d. Intracranial hemorrhage or injury to other internal
  426  organs.
  427         e. Asphyxiation, suffocation, or drowning.
  428         f. Injury resulting from the use of a deadly weapon.
  429         g. Burns or scalding.
  430         h. Cuts, lacerations, punctures, or bites.
  431         i. Permanent or temporary disfigurement.
  432         j. Permanent or temporary loss or impairment of a body part
  433  or function.
  435  As used in this subparagraph, the term “willful” refers to the
  436  intent to perform an action, not to the intent to achieve a
  437  result or to cause an injury.
  438         2. Purposely giving a child poison, alcohol, drugs, or
  439  other substances that substantially affect the child’s behavior,
  440  motor coordination, or judgment or that result in sickness or
  441  internal injury. For the purposes of this subparagraph, the term
  442  “drugs” means prescription drugs not prescribed for the child or
  443  not administered as prescribed, and controlled substances as
  444  outlined in Schedule I or Schedule II of s. 893.03.
  445         3. Leaving a child without adult supervision or arrangement
  446  appropriate for the child’s age or mental or physical condition,
  447  so that the child is unable to care for the child’s own needs or
  448  another’s basic needs or is unable to exercise good judgment in
  449  responding to any kind of physical or emotional crisis.
  450         4. Inappropriate or excessively harsh disciplinary action
  451  that is likely to result in physical injury, mental injury as
  452  defined in this section, or emotional injury. The significance
  453  of any injury must be evaluated in light of the following
  454  factors: the age of the child; any prior history of injuries to
  455  the child; the location of the injury on the body of the child;
  456  the multiplicity of the injury; and the type of trauma
  457  inflicted. Corporal discipline may be considered excessive or
  458  abusive when it results in any of the following or other similar
  459  injuries:
  460         a. Sprains, dislocations, or cartilage damage.
  461         b. Bone or skull fractures.
  462         c. Brain or spinal cord damage.
  463         d. Intracranial hemorrhage or injury to other internal
  464  organs.
  465         e. Asphyxiation, suffocation, or drowning.
  466         f. Injury resulting from the use of a deadly weapon.
  467         g. Burns or scalding.
  468         h. Cuts, lacerations, punctures, or bites.
  469         i. Permanent or temporary disfigurement.
  470         j. Permanent or temporary loss or impairment of a body part
  471  or function.
  472         k. Significant bruises or welts.
  473         (b) Commits, or allows to be committed, sexual battery, as
  474  defined in chapter 794, or lewd or lascivious acts, as defined
  475  in chapter 800, against the child.
  476         (c) Allows, encourages, or forces the sexual exploitation
  477  of a child, which includes allowing, encouraging, or forcing a
  478  child to:
  479         1. Solicit for or engage in prostitution; or
  480         2. Engage in a sexual performance, as defined by chapter
  481  827.
  482         (d) Exploits a child, or allows a child to be exploited, as
  483  provided in s. 450.151.
  484         (e) Abandons the child. Within the context of the
  485  definition of “harm,” the term “abandoned the child” or
  486  “abandonment of the child” means a situation in which the parent
  487  or legal custodian of a child or, in the absence of a parent or
  488  legal custodian, the caregiver, while being able, has made no
  489  significant contribution to the child’s care and maintenance or
  490  has failed to establish or maintain a substantial and positive
  491  relationship with the child, or both. For purposes of this
  492  paragraph, “establish or maintain a substantial and positive
  493  relationship” includes, but is not limited to, frequent and
  494  regular contact with the child through frequent and regular
  495  visitation or frequent and regular communication to or with the
  496  child, and the exercise of parental rights and responsibilities.
  497  Marginal efforts and incidental or token visits or
  498  communications are not sufficient to establish or maintain a
  499  substantial and positive relationship with a child. The term
  500  “abandoned” does not include a surrendered newborn infant as
  501  described in s. 383.50, a child in need of services as defined
  502  in chapter 984, or a family in need of services as defined in
  503  chapter 984. The incarceration, repeated incarceration, or
  504  extended incarceration of a parent, legal custodian, or
  505  caregiver responsible for a child’s welfare may support a
  506  finding of abandonment.
  507         (f) Neglects the child. Within the context of the
  508  definition of “harm,” the term “neglects the child” means that
  509  the parent or other person responsible for the child’s welfare
  510  fails to supply the child with adequate food, clothing, shelter,
  511  or health care, although financially able to do so or although
  512  offered financial or other means to do so. However, a parent or
  513  legal custodian who, by reason of the legitimate practice of
  514  religious beliefs, does not provide specified medical treatment
  515  for a child may not be considered abusive or neglectful for that
  516  reason alone, but such an exception does not:
  517         1. Eliminate the requirement that such a case be reported
  518  to the department;
  519         2. Prevent the department from investigating such a case;
  520  or
  521         3. Preclude a court from ordering, when the health of the
  522  child requires it, the provision of medical services by a
  523  physician, as defined in this section, or treatment by a duly
  524  accredited practitioner who relies solely on spiritual means for
  525  healing in accordance with the tenets and practices of a well
  526  recognized church or religious organization.
  527         (g) Exposes a child to a controlled substance or alcohol.
  528  Exposure to a controlled substance or alcohol is established by:
  529         1. A test, administered at birth, which indicated that the
  530  child’s blood, urine, or meconium contained any amount of
  531  alcohol or a controlled substance or metabolites of such
  532  substances, the presence of which was not the result of medical
  533  treatment administered to the mother or the newborn infant; or
  534         2. Evidence of extensive, abusive, and chronic use of a
  535  controlled substance or alcohol by a parent when the child is
  536  demonstrably adversely affected by such usage.
  538  As used in this paragraph, the term “controlled substance” means
  539  prescription drugs not prescribed for the parent or not
  540  administered as prescribed and controlled substances as outlined
  541  in Schedule I or Schedule II of s. 893.03.
  542         (h) Uses mechanical devices, unreasonable restraints, or
  543  extended periods of isolation to control a child.
  544         (i) Engages in violent behavior that demonstrates a wanton
  545  disregard for the presence of a child and could reasonably
  546  result in serious injury to the child.
  547         (j) Negligently fails to protect a child in his or her care
  548  from inflicted physical, mental, or sexual injury caused by the
  549  acts of another.
  550         (k) Has allowed a child’s sibling to die as a result of
  551  abuse, abandonment, or neglect.
  552         (l) Makes the child unavailable for the purpose of impeding
  553  or avoiding a protective investigation unless the court
  554  determines that the parent, legal custodian, or caregiver was
  555  fleeing from a situation involving domestic violence.
  556         (31) “Impending danger” means a situation in which family
  557  behaviors, attitudes, motives, emotions, or situations pose a
  558  threat that may not be currently active but that can be
  559  anticipated to become active and to have severe effects on a
  560  child at any time.
  561         (32)(33) “Institutional child abuse or neglect” means
  562  situations of known or suspected child abuse or neglect in which
  563  the person allegedly perpetrating the child abuse or neglect is
  564  an employee of a private school, public or private day care
  565  center, residential home, institution, facility, or agency or
  566  any other person at such institution responsible for the child’s
  567  care as defined in subsection (47).
  568         (33)(34) “Judge” means the circuit judge exercising
  569  jurisdiction pursuant to this chapter.
  570         (34)(35) “Legal custody” means a legal status created by a
  571  court which vests in a custodian of the person or guardian,
  572  whether an agency or an individual, the right to have physical
  573  custody of the child and the right and duty to protect, nurture,
  574  guide, and discipline the child and to provide him or her with
  575  food, shelter, education, and ordinary medical, dental,
  576  psychiatric, and psychological care.
  577         (35)(36) “Licensed child-caring agency” means a person,
  578  society, association, or agency licensed by the department to
  579  care for, receive, and board children.
  580         (36)(37) “Licensed child-placing agency” means a person,
  581  society, association, or institution licensed by the department
  582  to care for, receive, or board children and to place children in
  583  a licensed child-caring institution or a foster or adoptive
  584  home.
  585         (37)(38) “Licensed health care professional” means a
  586  physician licensed under chapter 458, an osteopathic physician
  587  licensed under chapter 459, a nurse licensed under part I of
  588  chapter 464, a physician assistant licensed under chapter 458 or
  589  chapter 459, or a dentist licensed under chapter 466.
  590         (38)(39) “Likely to injure oneself” means that, as
  591  evidenced by violent or other actively self-destructive
  592  behavior, it is more likely than not that within a 24-hour
  593  period the child will attempt to commit suicide or inflict
  594  serious bodily harm on himself or herself.
  595         (39)(40) “Likely to injure others” means that it is more
  596  likely than not that within a 24-hour period the child will
  597  inflict serious and unjustified bodily harm on another person.
  598         (40)(41) “Mediation” means a process whereby a neutral
  599  third person called a mediator acts to encourage and facilitate
  600  the resolution of a dispute between two or more parties. It is
  601  an informal and nonadversarial process with the objective of
  602  helping the disputing parties reach a mutually acceptable and
  603  voluntary agreement. The role of the mediator includes, but is
  604  not limited to, assisting the parties in identifying issues,
  605  fostering joint problem solving, and exploring settlement
  606  alternatives.
  607         (41) “Medical neglect” means the failure to provide or the
  608  failure to allow needed care as recommended by a health care
  609  practitioner for a physical injury, illness, medical condition,
  610  or impairment, or the failure to seek timely and appropriate
  611  medical care for a serious health problem that a reasonable
  612  person would have recognized as requiring professional medical
  613  attention. Medical neglect does not occur if the parent or legal
  614  guardian of the child has made reasonable attempts to obtain
  615  necessary health care services or the immediate health condition
  616  giving rise to the allegation of neglect is a known and expected
  617  complication of the child’s diagnosis or treatment and:
  618         (a) The recommended care offers limited net benefit to the
  619  child and the morbidity or other side effects of the treatment
  620  may be considered to be greater than the anticipated benefit; or
  621         (b) The parent or legal guardian received conflicting
  622  medical recommendations for treatment from multiple
  623  practitioners and did not follow all recommendations.
  624         (59) “Present danger” means a significant and clearly
  625  observable family condition that is occurring at the current
  626  moment and is already endangering or threatening to endanger the
  627  child. Present danger threats are conspicuous and require that
  628  an immediate protective action be taken to ensure the child’s
  629  safety.
  630         (60)(59) “Preventive services” means social services and
  631  other supportive and rehabilitative services provided to the
  632  parent or legal custodian of the child and to the child for the
  633  purpose of averting the removal of the child from the home or
  634  disruption of a family which will or could result in the
  635  placement of a child in foster care. Social services and other
  636  supportive and rehabilitative services shall promote the child’s
  637  developmental needs and need for physical, mental, and emotional
  638  health and a safe, stable, living environment;, shall promote
  639  family autonomy;, and shall strengthen family life, whenever
  640  possible.
  641         (66)(65) “Reunification services” means social services and
  642  other supportive and rehabilitative services provided to the
  643  parent of the child, to the child, and, where appropriate, to
  644  the relative placement, nonrelative placement, or foster parents
  645  of the child, for the purpose of enabling a child who has been
  646  placed in out-of-home care to safely return to his or her parent
  647  at the earliest possible time. The health and safety of the
  648  child shall be the paramount goal of social services and other
  649  supportive and rehabilitative services. The services shall
  650  promote the child’s need for physical, developmental, mental,
  651  and emotional health and a safe, stable, living environment;,
  652  shall promote family autonomy;, and shall strengthen family
  653  life, whenever possible.
  654         (67) “Safety plan” means a plan created to control present
  655  or impending danger using the least intrusive means appropriate
  656  to protect a child when a parent, caregiver, or legal custodian
  657  is unavailable, unwilling, or unable to do so.
  658         (71) “Sibling” means:
  659         (a) A child who shares a birth parent or legal parent with
  660  one or more other children; or
  661         (b) A child who has lived together in a family with one or
  662  more other children whom he or she identifies as siblings.
  663         Section 4. Subsection (12) is added to section 39.013,
  664  Florida Statutes, to read:
  665         39.013 Procedures and jurisdiction; right to counsel.—
  666         (12) The department shall be represented by counsel in each
  667  dependency proceeding. Through its attorneys, the department
  668  shall make recommendations to the court on issues before the
  669  court and may support its recommendations through testimony and
  670  other evidence by its own employees, employees of sheriff’s
  671  offices providing child protection services, employees of its
  672  contractors, employees of its contractor’s subcontractors, or
  673  from any other relevant source.
  674         Section 5. Paragraph (c) of subsection (2) of section
  675  39.201, Florida Statutes, is amended to read:
  676         39.201 Mandatory reports of child abuse, abandonment, or
  677  neglect; mandatory reports of death; central abuse hotline.—
  678         (2)
  679         (c) Reports involving a known or suspected juvenile sexual
  680  abuse offender or a child who has exhibited inappropriate sexual
  681  behavior shall be made and received by the department. An
  682  alleged incident of juvenile sexual abuse involving a child who
  683  is in the custody of or protective supervision of the department
  684  shall be reported to the department’s central abuse hotline.
  685         1. The department shall determine the age of the alleged
  686  offender, if known.
  687         2. If the alleged offender is 12 years of age or younger,
  688  The central abuse hotline shall immediately electronically
  689  transfer the report or call to the county sheriff’s office. The
  690  department shall conduct an assessment and assist the family in
  691  receiving appropriate services pursuant to s. 39.307, and send a
  692  written report of the allegation to the appropriate county
  693  sheriff’s office within 48 hours after the initial report is
  694  made to the central abuse hotline.
  695         2. The department shall ensure that the facts and results
  696  of any investigation of child sexual abuse involving a child in
  697  the custody of or under the protective supervision of the
  698  department are made known to the court at the next hearing or
  699  included in the next report to the court concerning the child.
  700         3. If the alleged offender is 13 years of age or older, the
  701  central abuse hotline shall immediately electronically transfer
  702  the report or call to the appropriate county sheriff’s office
  703  and send a written report to the appropriate county sheriff’s
  704  office within 48 hours after the initial report to the central
  705  abuse hotline.
  706         Section 6. Section 39.2015, Florida Statutes, is created to
  707  read:
  708         39.2015 Critical incident rapid response team.—
  709         (1) The department shall conduct an immediate investigation
  710  of certain incidents involving children using critical incident
  711  rapid response teams as provided in subsection (2). The purpose
  712  of such investigation is to identify root causes and rapidly
  713  determine the need to change policies and practices related to
  714  child protection and child welfare.
  715         (2) An immediate onsite investigation conducted by a
  716  critical incident rapid response team is required for all child
  717  deaths reported to the department if the child or another child
  718  in his or her family was the subject of a verified report of
  719  suspected abuse or neglect during the previous 12 months. The
  720  secretary may direct an immediate investigation for other cases
  721  involving serious injury to a child.
  722         (3) Each investigation shall be conducted by a team of at
  723  least five professionals with expertise in child protection,
  724  child welfare, and organizational management. The team may
  725  consist of employees of the department, community-based care
  726  lead agencies, and other provider organizations; faculty from
  727  the institute consisting of public and private universities
  728  offering degrees in social work established pursuant to s.
  729  1004.615; or any other person with the required expertise. The
  730  majority of the team must reside in judicial circuits outside
  731  the location of the incident. The secretary shall appoint a team
  732  leader for each group assigned to an investigation.
  733         (4) An investigation shall be initiated as soon as
  734  possible, but not later than 2 business days after the case is
  735  reported to the department. A preliminary report on each case
  736  shall be provided to the secretary no later than 30 days after
  737  the investigation begins.
  738         (5) Each member of the team is authorized to access all
  739  information in the case file.
  740         (6) All employees of the department or other state agencies
  741  and all personnel from contracted provider organizations must
  742  cooperate with the investigation by participating in interviews
  743  and timely responding to any requests for information.
  744         (7) The secretary shall develop cooperative agreements with
  745  other entities and organizations as necessary to facilitate the
  746  work of the team.
  747         (8) The members of the team may be reimbursed by the
  748  department for per diem, mileage, and other reasonable expenses
  749  as provided in s. 112.061. The department may also reimburse the
  750  team member’s employer for the associated salary and benefits
  751  during the time the team member is fulfilling the duties
  752  required under this section.
  753         (9) Upon completion of the investigation, the department
  754  shall make the team’s final report available on its website.
  755         (10) The secretary, in conjunction with the institute
  756  established pursuant to s. 1004.615, shall develop guidelines
  757  for investigations conducted by critical incident rapid response
  758  teams and provide training to team members. Such guidelines must
  759  direct the teams in the conduct of a root-cause analysis that
  760  identifies, classifies, and attributes responsibility for both
  761  direct and latent causes for the death or other incident,
  762  including organizational factors, preconditions, and specific
  763  acts or omissions resulting from either error or a violation of
  764  procedures.
  765         (11) The secretary shall appoint an advisory committee made
  766  up of experts in child protection and child welfare to conduct
  767  an independent review of investigative reports from the critical
  768  incident rapid response teams and make recommendations to
  769  improve policies and practices related to child protection and
  770  child welfare services. By October 1 of each year, the advisory
  771  committee shall submit a report to the secretary that includes
  772  findings and recommendations. The secretary shall submit the
  773  report to the Governor, the President of the Senate, and the
  774  Speaker of the House of Representatives.
  775         Section 7. Section 39.2022, Florida Statutes, is created to
  776  read:
  777         39.2022 Public disclosure of reported child deaths.—
  778         (1) It is the intent of the Legislature to provide prompt
  779  disclosure of the basic facts of all deaths of children from
  780  birth through 18 years of age which occur in this state and
  781  which are reported to the department’s central abuse hotline.
  782  Disclosure shall be posted on the department’s public website.
  783  This section does not limit the public access to records under
  784  any other provision of law.
  785         (2) Notwithstanding s. 39.202, if a child death is reported
  786  to the central abuse hotline, the department shall post on its
  787  website all of the following:
  788         (a) The initials, age, race, and gender of the child.
  789         (b) The date of the child’s death.
  790         (c) Any allegations of the cause of death or the
  791  preliminary cause of death, and the verified cause of death, if
  792  known.
  793         (d) The county and placement of the child at the time of
  794  the incident leading to the child’s death, if applicable.
  795         (e) The name of the community-based care lead agency, case
  796  management agency, or out-of-home licensing agency involved with
  797  the child, family, or licensed caregiver, if applicable.
  798         (f) The relationship of the person adjudicated guilty of
  799  any criminal offense related to the child’s death.
  800         (g)Whether the child has been the subject of any prior
  801  verified reports to the department’s central abuse hotline.
  802         Section 8. Subsections (9) and (14) of section 39.301,
  803  Florida Statutes, are amended to read:
  804         39.301 Initiation of protective investigations.—
  805         (9)(a) For each report received from the central abuse
  806  hotline and accepted for investigation, the department or the
  807  sheriff providing child protective investigative services under
  808  s. 39.3065, shall perform the following child protective
  809  investigation activities to determine child safety:
  810         1. Conduct a review of all relevant, available information
  811  specific to the child and family and alleged maltreatment;
  812  family child welfare history; local, state, and federal criminal
  813  records checks; and requests for law enforcement assistance
  814  provided by the abuse hotline. Based on a review of available
  815  information, including the allegations in the current report, a
  816  determination shall be made as to whether immediate consultation
  817  should occur with law enforcement, the child protection team, a
  818  domestic violence shelter or advocate, or a substance abuse or
  819  mental health professional. Such consultations should include
  820  discussion as to whether a joint response is necessary and
  821  feasible. A determination shall be made as to whether the person
  822  making the report should be contacted before the face-to-face
  823  interviews with the child and family members.
  824         2. Conduct face-to-face interviews with the child; other
  825  siblings, if any; and the parents, legal custodians, or
  826  caregivers.
  827         3. Assess the child’s residence, including a determination
  828  of the composition of the family and household, including the
  829  name, address, date of birth, social security number, sex, and
  830  race of each child named in the report; any siblings or other
  831  children in the same household or in the care of the same
  832  adults; the parents, legal custodians, or caregivers; and any
  833  other adults in the same household.
  834         4. Determine whether there is any indication that any child
  835  in the family or household has been abused, abandoned, or
  836  neglected; the nature and extent of present or prior injuries,
  837  abuse, or neglect, and any evidence thereof; and a determination
  838  as to the person or persons apparently responsible for the
  839  abuse, abandonment, or neglect, including the name, address,
  840  date of birth, social security number, sex, and race of each
  841  such person.
  842         5. Complete assessment of immediate child safety for each
  843  child based on available records, interviews, and observations
  844  with all persons named in subparagraph 2. and appropriate
  845  collateral contacts, which may include other professionals. The
  846  department’s child protection investigators are hereby
  847  designated a criminal justice agency for the purpose of
  848  accessing criminal justice information to be used for enforcing
  849  this state’s laws concerning the crimes of child abuse,
  850  abandonment, and neglect. This information shall be used solely
  851  for purposes supporting the detection, apprehension,
  852  prosecution, pretrial release, posttrial release, or
  853  rehabilitation of criminal offenders or persons accused of the
  854  crimes of child abuse, abandonment, or neglect and may not be
  855  further disseminated or used for any other purpose.
  856         6. Document the present and impending dangers to each child
  857  based on the identification of inadequate protective capacity
  858  through utilization of a standardized safety assessment
  859  instrument. If present or impending danger is identified, the
  860  child protective investigator must implement a safety plan or
  861  take the child into custody. If present danger is identified and
  862  the child is not removed, the child protective investigator
  863  shall create and implement a safety plan before leaving the home
  864  or the location where there is present danger. If impending
  865  danger is identified, the child protective investigator shall
  866  create and implement a safety plan as soon as necessary to
  867  protect the safety of the child. The child protective
  868  investigator may modify the safety plan if he or she identifies
  869  additional impending danger.
  870         a. If the child protective investigator implements a safety
  871  plan, the plan must be specific, sufficient, feasible, and
  872  sustainable in response to the realities of the present or
  873  impending danger. A safety plan may be an in-home plan or an
  874  out-of-home plan, or a combination of both. A safety plan may
  875  not rely solely on promissory commitments by the parent,
  876  caregiver, or legal custodian who is currently not able to
  877  protect the child or on services that are not available or will
  878  not result in the safety of the child. A safety plan may not be
  879  implemented if for any reason the parents, guardian, or legal
  880  custodian lacks the capacity or ability to comply with the plan.
  881  If the department is not able to develop a plan that is
  882  specific, sufficient, feasible, and sustainable, the department
  883  shall file a shelter petition. A child protective investigator
  884  shall implement separate safety plans for the perpetrator of
  885  domestic violence and the parent who is a victim of domestic
  886  violence as defined in s. 741.28. The safety plan for the parent
  887  who is a victim of domestic violence may not be shared with the
  888  perpetrator. If any party to a safety plan fails to comply with
  889  the safety plan resulting in the child being unsafe, the
  890  department shall file a shelter petition.
  891         b. The child protective investigator shall collaborate with
  892  the community-based care lead agency in the development of the
  893  safety plan as necessary to ensure that the safety plan is
  894  specific, sufficient, feasible, and sustainable. The child
  895  protective investigator shall identify services necessary for
  896  the successful implementation of the safety plan. The child
  897  protective investigator and the community-based care lead agency
  898  shall mobilize service resources to assist all parties in
  899  complying with the safety plan. The community-based care lead
  900  agency shall prioritize safety plan services to families who
  901  have multiple risk factors, including, but not limited to, two
  902  or more of the following:
  903         (I) The parent or legal custodian is of young age;
  904         (II) The parent or legal custodian, or an adult currently
  905  living in or frequently visiting the home, has a history of
  906  substance abuse, mental illness, or domestic violence;
  907         (III) The parent or legal custodian, or an adult currently
  908  living in or frequently visiting the home, has been previously
  909  found to have physically or sexually abused a child;
  910         (IV) The parent or legal custodian or an adult currently
  911  living in or frequently visiting the home has been the subject
  912  of multiple allegations by reputable reports of abuse or
  913  neglect;
  914         (V) The child is physically or developmentally disabled; or
  915         (VI) The child is 3 years of age or younger.
  916         c. The child protective investigator shall monitor the
  917  implementation of the plan to ensure the child’s safety until
  918  the case is transferred to the lead agency at which time the
  919  lead agency shall monitor the implementation.
  920         (b) Upon completion of the immediate safety assessment, the
  921  department shall determine the additional activities necessary
  922  to assess impending dangers, if any, and close the
  923  investigation.
  924         (b)(c) For each report received from the central abuse
  925  hotline, the department or the sheriff providing child
  926  protective investigative services under s. 39.3065, shall
  927  determine the protective, treatment, and ameliorative services
  928  necessary to safeguard and ensure the child’s safety and well
  929  being and development, and cause the delivery of those services
  930  through the early intervention of the department or its agent.
  931  As applicable, child protective investigators must inform
  932  parents and caregivers how and when to use the injunction
  933  process under s. 741.30 to remove a perpetrator of domestic
  934  violence from the home as an intervention to protect the child.
  935         1. If the department or the sheriff providing child
  936  protective investigative services determines that the interests
  937  of the child and the public will be best served by providing the
  938  child care or other treatment voluntarily accepted by the child
  939  and the parents or legal custodians, the parent or legal
  940  custodian and child may be referred for such care, case
  941  management, or other community resources.
  942         2. If the department or the sheriff providing child
  943  protective investigative services determines that the child is
  944  in need of protection and supervision, the department may file a
  945  petition for dependency.
  946         3. If a petition for dependency is not being filed by the
  947  department, the person or agency originating the report shall be
  948  advised of the right to file a petition pursuant to this part.
  949         4. At the close of an investigation, the department or the
  950  sheriff providing child protective services shall provide to the
  951  person who is alleged to have caused the abuse, neglect, or
  952  abandonment and the parent or legal custodian a summary of
  953  findings from the investigation and provide information about
  954  their right to access confidential reports in accordance with s.
  955  39.202.
  956         (14)(a) If the department or its agent determines that a
  957  child requires immediate or long-term protection through:
  958         1. medical or other health care; or
  959         2. homemaker care, day care, protective supervision, or
  960  other services to stabilize the home environment, including
  961  intensive family preservation services through the Intensive
  962  Crisis Counseling Program, such services shall first be offered
  963  for voluntary acceptance unless:
  964         1. There are high-risk factors that may impact the ability
  965  of the parents or legal custodians to exercise judgment. Such
  966  factors may include the parents’ or legal custodians’ young age
  967  or history of substance abuse, mental illness, or domestic
  968  violence; or
  969         2. There is a high likelihood of lack of compliance with
  970  voluntary services, and such noncompliance would result in the
  971  child being unsafe.
  972         (b) The parents or legal custodians shall be informed of
  973  the right to refuse services, as well as the responsibility of
  974  the department to protect the child regardless of the acceptance
  975  or refusal of services. If the services are refused, a
  976  collateral contact shall include a relative, if the protective
  977  investigator has knowledge of and the ability to contact a
  978  relative. If the services are refused and the department deems
  979  that the child’s need for protection so requires services, the
  980  department shall take the child into protective custody or
  981  petition the court as provided in this chapter. At any time
  982  after the commencement of a protective investigation, a relative
  983  may submit in writing to the protective investigator or case
  984  manager a request to receive notification of all proceedings and
  985  hearings in accordance with s. 39.502. The request shall include
  986  the relative’s name, address, and phone number and the
  987  relative’s relationship to the child. The protective
  988  investigator or case manager shall forward such request to the
  989  attorney for the department. The failure to provide notice to
  990  either a relative who requests it pursuant to this subsection or
  991  to a relative who is providing out-of-home care for a child may
  992  not result in any previous action of the court at any stage or
  993  proceeding in dependency or termination of parental rights under
  994  any part of this chapter being set aside, reversed, modified, or
  995  in any way changed absent a finding by the court that a change
  996  is required in the child’s best interests.
  997         (c) The department, in consultation with the judiciary,
  998  shall adopt by rule:
  999         1. Criteria that are factors requiring that the department
 1000  take the child into custody, petition the court as provided in
 1001  this chapter, or, if the child is not taken into custody or a
 1002  petition is not filed with the court, conduct an administrative
 1003  review. Such factors must include, but are not limited to,
 1004  noncompliance with a safety plan or the case plan developed by
 1005  the department, and the family under this chapter, and prior
 1006  abuse reports with findings that involve the child, the child’s
 1007  sibling, or the child’s caregiver.
 1008         2. Requirements that if after an administrative review the
 1009  department determines not to take the child into custody or
 1010  petition the court, the department shall document the reason for
 1011  its decision in writing and include it in the investigative
 1012  file. For all cases that were accepted by the local law
 1013  enforcement agency for criminal investigation pursuant to
 1014  subsection (2), the department must include in the file written
 1015  documentation that the administrative review included input from
 1016  law enforcement. In addition, for all cases that must be
 1017  referred to child protection teams pursuant to s. 39.303(2) and
 1018  (3), the file must include written documentation that the
 1019  administrative review included the results of the team’s
 1020  evaluation. Factors that must be included in the development of
 1021  the rule include noncompliance with the case plan developed by
 1022  the department, or its agent, and the family under this chapter
 1023  and prior abuse reports with findings that involve the child or
 1024  caregiver.
 1025         Section 9. Section 39.303, Florida Statutes, is amended to
 1026  read:
 1027         39.303 Child protection teams; services; eligible cases.
 1028  The Children’s Medical Services Program in the Department of
 1029  Health shall develop, maintain, and coordinate the services of
 1030  one or more multidisciplinary child protection teams in each of
 1031  the service districts of the Department of Children and Families
 1032  Family Services. Such teams may be composed of appropriate
 1033  representatives of school districts and appropriate health,
 1034  mental health, social service, legal service, and law
 1035  enforcement agencies. The Legislature finds that optimal
 1036  coordination of child protection teams and sexual abuse
 1037  treatment programs requires collaboration between The Department
 1038  of Health and the Department of Children and Families Family
 1039  Services. The two departments shall maintain an interagency
 1040  agreement that establishes protocols for oversight and
 1041  operations of child protection teams and sexual abuse treatment
 1042  programs. The State Surgeon General and the Deputy Secretary for
 1043  Children’s Medical Services, in consultation with the Secretary
 1044  of Children and Families Family Services, shall maintain the
 1045  responsibility for the screening, employment, and, if necessary,
 1046  the termination of child protection team medical directors, at
 1047  headquarters and in the 15 districts. Child protection team
 1048  medical directors shall be responsible for oversight of the
 1049  teams in the districts.
 1050         (1) The Department of Health shall use utilize and convene
 1051  the teams to supplement the assessment and protective
 1052  supervision activities of the family safety and preservation
 1053  program of the Department of Children and Families Family
 1054  Services. Nothing in This section does not shall be construed to
 1055  remove or reduce the duty and responsibility of any person to
 1056  report pursuant to this chapter all suspected or actual cases of
 1057  child abuse, abandonment, or neglect or sexual abuse of a child.
 1058  The role of the teams shall be to support activities of the
 1059  program and to provide services deemed by the teams to be
 1060  necessary and appropriate to abused, abandoned, and neglected
 1061  children upon referral. The specialized diagnostic assessment,
 1062  evaluation, coordination, consultation, and other supportive
 1063  services that a child protection team shall be capable of
 1064  providing include, but are not limited to, the following:
 1065         (a) Medical diagnosis and evaluation services, including
 1066  provision or interpretation of X rays and laboratory tests, and
 1067  related services, as needed, and documentation of related
 1068  findings relative thereto.
 1069         (b) Telephone consultation services in emergencies and in
 1070  other situations.
 1071         (c) Medical evaluation related to abuse, abandonment, or
 1072  neglect, as defined by policy or rule of the Department of
 1073  Health.
 1074         (d) Such psychological and psychiatric diagnosis and
 1075  evaluation services for the child or the child’s parent or
 1076  parents, legal custodian or custodians, or other caregivers, or
 1077  any other individual involved in a child abuse, abandonment, or
 1078  neglect case, as the team may determine to be needed.
 1079         (e) Expert medical, psychological, and related professional
 1080  testimony in court cases.
 1081         (f) Case staffings to develop treatment plans for children
 1082  whose cases have been referred to the team. A child protection
 1083  team may provide consultation with respect to a child who is
 1084  alleged or is shown to be abused, abandoned, or neglected, which
 1085  consultation shall be provided at the request of a
 1086  representative of the family safety and preservation program or
 1087  at the request of any other professional involved with a child
 1088  or the child’s parent or parents, legal custodian or custodians,
 1089  or other caregivers. In every such child protection team case
 1090  staffing, consultation, or staff activity involving a child, a
 1091  family safety and preservation program representative shall
 1092  attend and participate.
 1093         (g) Case service coordination and assistance, including the
 1094  location of services available from other public and private
 1095  agencies in the community.
 1096         (h) Such training services for program and other employees
 1097  of the Department of Children and Families Family Services,
 1098  employees of the Department of Health, and other medical
 1099  professionals as is deemed appropriate to enable them to develop
 1100  and maintain their professional skills and abilities in handling
 1101  child abuse, abandonment, and neglect cases.
 1102         (i) Educational and community awareness campaigns on child
 1103  abuse, abandonment, and neglect in an effort to enable citizens
 1104  more successfully to prevent, identify, and treat child abuse,
 1105  abandonment, and neglect in the community.
 1106         (j) Child protection team assessments that include, as
 1107  appropriate, medical evaluations, medical consultations, family
 1108  psychosocial interviews, specialized clinical interviews, or
 1109  forensic interviews.
 1111  All medical personnel participating on a child protection team
 1112  must successfully complete the required child protection team
 1113  training curriculum as set forth in protocols determined by the
 1114  Deputy Secretary for Children’s Medical Services and the
 1115  Statewide Medical Director for Child Protection. A child
 1116  protection team that is evaluating a report of medical neglect
 1117  and assessing the health care needs of a medically complex child
 1118  shall consult with a physician who has experience in treating
 1119  children with the same condition.
 1120         (2) The child abuse, abandonment, and neglect reports that
 1121  must be referred by the department to child protection teams of
 1122  the Department of Health for an assessment and other appropriate
 1123  available support services as set forth in subsection (1) must
 1124  include cases involving:
 1125         (a) Injuries to the head, bruises to the neck or head,
 1126  burns, or fractures in a child of any age.
 1127         (b) Bruises anywhere on a child 5 years of age or under.
 1128         (c) Any report alleging sexual abuse of a child.
 1129         (d) Any sexually transmitted disease in a prepubescent
 1130  child.
 1131         (e) Reported malnutrition of a child and failure of a child
 1132  to thrive.
 1133         (f) Reported medical neglect of a child.
 1134         (g) Any family in which one or more children have been
 1135  pronounced dead on arrival at a hospital or other health care
 1136  facility, or have been injured and later died, as a result of
 1137  suspected abuse, abandonment, or neglect, when any sibling or
 1138  other child remains in the home.
 1139         (h) Symptoms of serious emotional problems in a child when
 1140  emotional or other abuse, abandonment, or neglect is suspected.
 1141         (3) All abuse and neglect cases transmitted for
 1142  investigation to a district by the hotline must be
 1143  simultaneously transmitted to the Department of Health child
 1144  protection team for review. For the purpose of determining
 1145  whether face-to-face medical evaluation by a child protection
 1146  team is necessary, all cases transmitted to the child protection
 1147  team which meet the criteria in subsection (2) must be timely
 1148  reviewed by:
 1149         (a) A physician licensed under chapter 458 or chapter 459
 1150  who holds board certification in pediatrics and is a member of a
 1151  child protection team;
 1152         (b) A physician licensed under chapter 458 or chapter 459
 1153  who holds board certification in a specialty other than
 1154  pediatrics, who may complete the review only when working under
 1155  the direction of a physician licensed under chapter 458 or
 1156  chapter 459 who holds board certification in pediatrics and is a
 1157  member of a child protection team;
 1158         (c) An advanced registered nurse practitioner licensed
 1159  under chapter 464 who has a specialty speciality in pediatrics
 1160  or family medicine and is a member of a child protection team;
 1161         (d) A physician assistant licensed under chapter 458 or
 1162  chapter 459, who may complete the review only when working under
 1163  the supervision of a physician licensed under chapter 458 or
 1164  chapter 459 who holds board certification in pediatrics and is a
 1165  member of a child protection team; or
 1166         (e) A registered nurse licensed under chapter 464, who may
 1167  complete the review only when working under the direct
 1168  supervision of a physician licensed under chapter 458 or chapter
 1169  459 who holds certification in pediatrics and is a member of a
 1170  child protection team.
 1171         (4) A face-to-face medical evaluation by a child protection
 1172  team is not necessary when:
 1173         (a) The child was examined for the alleged abuse or neglect
 1174  by a physician who is not a member of the child protection team,
 1175  and a consultation between the child protection team board
 1176  certified pediatrician, advanced registered nurse practitioner,
 1177  physician assistant working under the supervision of a child
 1178  protection team board-certified pediatrician, or registered
 1179  nurse working under the direct supervision of a child protection
 1180  team board-certified pediatrician, and the examining physician
 1181  concludes that a further medical evaluation is unnecessary;
 1182         (b) The child protective investigator, with supervisory
 1183  approval, has determined, after conducting a child safety
 1184  assessment, that there are no indications of injuries as
 1185  described in paragraphs (2)(a)-(h) as reported; or
 1186         (c) The child protection team board-certified pediatrician,
 1187  as authorized in subsection (3), determines that a medical
 1188  evaluation is not required.
 1190  Notwithstanding paragraphs (a), (b), and (c), a child protection
 1191  team pediatrician, as authorized in subsection (3), may
 1192  determine that a face-to-face medical evaluation is necessary.
 1193         (5) In all instances in which a child protection team is
 1194  providing certain services to abused, abandoned, or neglected
 1195  children, other offices and units of the Department of Health,
 1196  and offices and units of the Department of Children and Families
 1197  Family Services, shall avoid duplicating the provision of those
 1198  services.
 1199         (6) The Department of Health child protection team quality
 1200  assurance program and the Family Safety Program Office of the
 1201  Department of Children and Families Family Services’ Family
 1202  Safety Program Office quality assurance program shall
 1203  collaborate to ensure referrals and responses to child abuse,
 1204  abandonment, and neglect reports are appropriate. Each quality
 1205  assurance program shall include a review of records in which
 1206  there are no findings of abuse, abandonment, or neglect, and the
 1207  findings of these reviews shall be included in each department’s
 1208  quality assurance reports.
 1209         Section 10. Section 39.3068, Florida Statutes, is created
 1210  to read:
 1211         39.3068 Reports of medical neglect.—
 1212         (1) Upon receiving a report alleging medical neglect, the
 1213  department or sheriff’s office shall assign the case to a child
 1214  protective investigator who has specialized training in
 1215  addressing medical neglect or working with medically complex
 1216  children, if such investigator is available. If a child
 1217  protective investigator with specialized training is not
 1218  available, the child protective investigator shall consult with
 1219  department staff with such expertise.
 1220         (2) The child protective investigator who has interacted
 1221  with the child and the child’s family shall promptly contact and
 1222  provide information to the child protection team. The child
 1223  protection team shall assist the child protective investigator
 1224  in identifying immediate responses to address the medical needs
 1225  of the child with the priority of maintaining the child in the
 1226  home if the parents will be able to meet the needs of the child
 1227  with additional services. The child protective investigator and
 1228  the child protection team must use a family-centered approach to
 1229  assess the capacity of the family to meet those needs. A family
 1230  centered approach is intended to increase independence on the
 1231  part of the family, accessibility to programs and services
 1232  within the community, and collaboration between families and
 1233  their service providers. The ethnic, cultural, economic, racial,
 1234  social, and religious diversity of families must be respected
 1235  and considered in the development and provision of services.
 1236         (3) The child shall be evaluated by the child protection
 1237  team as soon as practicable. After receipt of the report from
 1238  the child protection team, the department shall convene a case
 1239  staffing which shall be attended, at a minimum, by the child
 1240  protective investigator; department legal staff; and
 1241  representatives from the child protection team that evaluated
 1242  the child, Children’s Medical Services, the Agency for Health
 1243  Care Administration, the community-based care lead agency, and
 1244  any providers of services to the child. However, the Agency for
 1245  Health Care Administration is not required to attend the
 1246  staffing if the child is not Medicaid-eligible. The staffing
 1247  shall consider, at a minimum, available services, given the
 1248  family’s eligibility for services; services that are effective
 1249  in addressing conditions leading to medical neglect allegations;
 1250  and services that would enable the child to safely remain at
 1251  home. Any services that are available and effective, shall be
 1252  provided.
 1253         Section 11. Section 39.307, Florida Statutes, is amended to
 1254  read:
 1255         39.307 Reports of child-on-child sexual abuse.—
 1256         (1) Upon receiving a report alleging juvenile sexual abuse
 1257  or inappropriate sexual behavior as defined in s. 39.01(7), the
 1258  department shall assist the family, child, and caregiver in
 1259  receiving appropriate services to address the allegations of the
 1260  report.
 1261         (a) The department shall ensure that information describing
 1262  the child’s history of child sexual abuse is included in the
 1263  child’s electronic record. This record must also include
 1264  information describing the services the child has received as a
 1265  result of his or her involvement with child sexual abuse.
 1266         (b) Placement decisions for a child who has been involved
 1267  with child sexual abuse must include consideration of the needs
 1268  of the child and any other children in the placement.
 1269         (c) The department shall monitor the occurrence of child
 1270  sexual abuse and the provision of services to children involved
 1271  in child sexual abuse, juvenile sexual abuse, or who have
 1272  displayed inappropriate sexual behavior.
 1273         (2) The department, contracted sheriff’s office providing
 1274  protective investigation services, or contracted case management
 1275  personnel responsible for providing services, at a minimum,
 1276  shall adhere to the following procedures:
 1277         (a) The purpose of the response to a report alleging
 1278  juvenile sexual abuse behavior or inappropriate sexual behavior
 1279  shall be explained to the caregiver.
 1280         1. The purpose of the response shall be explained in a
 1281  manner consistent with legislative purpose and intent provided
 1282  in this chapter.
 1283         2. The name and office telephone number of the person
 1284  responding shall be provided to the caregiver of the alleged
 1285  abuser juvenile sexual offender or child who has exhibited
 1286  inappropriate sexual behavior and the victim’s caregiver.
 1287         3. The possible consequences of the department’s response,
 1288  including outcomes and services, shall be explained to the
 1289  caregiver of the alleged abuser juvenile sexual offender or
 1290  child who has exhibited inappropriate sexual behavior and the
 1291  victim’s caregiver.
 1292         (b) The caregiver of the alleged abuser juvenile sexual
 1293  offender or child who has exhibited inappropriate sexual
 1294  behavior and the victim’s caregiver shall be involved to the
 1295  fullest extent possible in determining the nature of the sexual
 1296  behavior concerns and the nature of any problem or risk to other
 1297  children.
 1298         (c) The assessment of risk and the perceived treatment
 1299  needs of the alleged abuser juvenile sexual offender or child
 1300  who has exhibited inappropriate sexual behavior, the victim, and
 1301  respective caregivers shall be conducted by the district staff,
 1302  the child protection team of the Department of Health, and other
 1303  providers under contract with the department to provide services
 1304  to the caregiver of the alleged offender, the victim, and the
 1305  victim’s caregiver.
 1306         (d) The assessment shall be conducted in a manner that is
 1307  sensitive to the social, economic, and cultural environment of
 1308  the family.
 1309         (e) If necessary, the child protection team of the
 1310  Department of Health shall conduct a physical examination of the
 1311  victim, which is sufficient to meet forensic requirements.
 1312         (f) Based on the information obtained from the alleged
 1313  abuser juvenile sexual offender or child who has exhibited
 1314  inappropriate sexual behavior, his or her caregiver, the victim,
 1315  and the victim’s caregiver, an assessment of service and
 1316  treatment needs must be completed and, if needed, a case plan
 1317  developed within 30 days.
 1318         (g) The department shall classify the outcome of the report
 1319  as follows:
 1320         1. Report closed. Services were not offered because the
 1321  department determined that there was no basis for intervention.
 1322         2. Services accepted by alleged abuser juvenile sexual
 1323  offender. Services were offered to the alleged abuser juvenile
 1324  sexual offender or child who has exhibited inappropriate sexual
 1325  behavior and accepted by the caregiver.
 1326         3. Report closed. Services were offered to the alleged
 1327  abuser juvenile sexual offender or child who has exhibited
 1328  inappropriate sexual behavior, but were rejected by the
 1329  caregiver.
 1330         4. Notification to law enforcement. The risk to the
 1331  victim’s safety and well-being cannot be reduced by the
 1332  provision of services or the caregiver rejected services, and
 1333  notification of the alleged delinquent act or violation of law
 1334  to the appropriate law enforcement agency was initiated.
 1335         5. Services accepted by victim. Services were offered to
 1336  the victim and accepted by the caregiver.
 1337         6. Report closed. Services were offered to the victim but
 1338  were rejected by the caregiver.
 1339         (3) If services have been accepted by the alleged abuser
 1340  juvenile sexual offender or child who has exhibited
 1341  inappropriate sexual behavior, the victim, and respective
 1342  caregivers, the department shall designate a case manager and
 1343  develop a specific case plan.
 1344         (a) Upon receipt of the plan, the caregiver shall indicate
 1345  its acceptance of the plan in writing.
 1346         (b) The case manager shall periodically review the progress
 1347  toward achieving the objectives of the plan in order to:
 1348         1. Make adjustments to the plan or take additional action
 1349  as provided in this part; or
 1350         2. Terminate the case if indicated by successful or
 1351  substantial achievement of the objectives of the plan.
 1352         (4) Services provided to the alleged abuser juvenile sexual
 1353  offender or child who has exhibited inappropriate sexual
 1354  behavior, the victim, and respective caregivers or family must
 1355  be voluntary and of necessary duration.
 1356         (5) If the family or caregiver of the alleged abuser
 1357  juvenile sexual offender or child who has exhibited
 1358  inappropriate sexual behavior fails to adequately participate or
 1359  allow for the adequate participation of the child in the
 1360  services or treatment delineated in the case plan, the case
 1361  manager may recommend that the department:
 1362         (a) Close the case;
 1363         (b) Refer the case to mediation or arbitration, if
 1364  available; or
 1365         (c) Notify the appropriate law enforcement agency of
 1366  failure to comply.
 1367         (6) At any time, as a result of additional information,
 1368  findings of facts, or changing conditions, the department may
 1369  pursue a child protective investigation as provided in this
 1370  chapter.
 1371         (7) The department may adopt is authorized to develop rules
 1372  and other policy directives necessary to administer implement
 1373  the provisions of this section.
 1374         Section 12. Paragraph (h) of subsection (8) and subsection
 1375  (9) of section 39.402, Florida Statutes, are amended to read:
 1376         39.402 Placement in a shelter.—
 1377         (8)
 1378         (h) The order for placement of a child in shelter care must
 1379  identify the parties present at the hearing and must contain
 1380  written findings:
 1381         1. That placement in shelter care is necessary based on the
 1382  criteria in subsections (1) and (2).
 1383         2. That placement in shelter care is in the best interest
 1384  of the child.
 1385         3. That continuation of the child in the home is contrary
 1386  to the welfare of the child because the home situation presents
 1387  a substantial and immediate danger to the child’s physical,
 1388  mental, or emotional health or safety which cannot be mitigated
 1389  by the provision of preventive services.
 1390         4. That based upon the allegations of the petition for
 1391  placement in shelter care, there is probable cause to believe
 1392  that the child is dependent or that the court needs additional
 1393  time, which may not exceed 72 hours, in which to obtain and
 1394  review documents pertaining to the family in order to
 1395  appropriately determine the risk to the child.
 1396         5. That the department has made reasonable efforts to
 1397  prevent or eliminate the need for removal of the child from the
 1398  home. A finding of reasonable effort by the department to
 1399  prevent or eliminate the need for removal may be made and the
 1400  department is deemed to have made reasonable efforts to prevent
 1401  or eliminate the need for removal if:
 1402         a. The first contact of the department with the family
 1403  occurs during an emergency;
 1404         b. The appraisal of the home situation by the department
 1405  indicates that the home situation presents a substantial and
 1406  immediate danger to the child’s physical, mental, or emotional
 1407  health or safety which cannot be mitigated by the provision of
 1408  preventive services;
 1409         c. The child cannot safely remain at home, either because
 1410  there are no preventive services that can ensure the health and
 1411  safety of the child or because, even with appropriate and
 1412  available services being provided, the health and safety of the
 1413  child cannot be ensured; or
 1414         d. The parent or legal custodian is alleged to have
 1415  committed any of the acts listed as grounds for expedited
 1416  termination of parental rights in s. 39.806(1)(f)-(i).
 1417         6. That the department has made reasonable efforts to keep
 1418  siblings together if they are removed and placed in out-of-home
 1419  care unless such placement is not in the best interest of each
 1420  child. Reasonable efforts shall include short-term placement in
 1421  a group home with the ability to accommodate sibling groups if
 1422  such a placement is available. The department shall report to
 1423  the court its efforts to place siblings together unless the
 1424  court finds that such placement is not in the best interest of a
 1425  child or his or her sibling.
 1426         7.6. That the court notified the parents, relatives that
 1427  are providing out-of-home care for the child, or legal
 1428  custodians of the time, date, and location of the next
 1429  dependency hearing and of the importance of the active
 1430  participation of the parents, relatives that are providing out
 1431  of-home care for the child, or legal custodians in all
 1432  proceedings and hearings.
 1433         8.7. That the court notified the parents or legal
 1434  custodians of their right to counsel to represent them at the
 1435  shelter hearing and at each subsequent hearing or proceeding,
 1436  and the right of the parents to appointed counsel, pursuant to
 1437  the procedures set forth in s. 39.013.
 1438         9.8. That the court notified relatives who are providing
 1439  out-of-home care for a child as a result of the shelter petition
 1440  being granted that they have the right to attend all subsequent
 1441  hearings, to submit reports to the court, and to speak to the
 1442  court regarding the child, if they so desire.
 1443         (9)(a) At any shelter hearing, the department shall provide
 1444  to the court a recommendation for scheduled contact between the
 1445  child and parents, if appropriate. The court shall determine
 1446  visitation rights absent a clear and convincing showing that
 1447  visitation is not in the best interest of the child. Any order
 1448  for visitation or other contact must conform to the provisions
 1449  of s. 39.0139. If visitation is ordered but will not commence
 1450  within 72 hours of the shelter hearing, the department shall
 1451  provide justification to the court.
 1452         (b) If siblings who are removed from the home cannot be
 1453  placed together, the department shall provide to the court a
 1454  recommendation for frequent visitation or other ongoing
 1455  interaction between the siblings unless this interaction would
 1456  be contrary to a sibling’s safety or well-being. If visitation
 1457  among siblings is ordered but will not commence within 72 hours
 1458  after the shelter hearing, the department shall provide
 1459  justification to the court for the delay.
 1460         Section 13. Paragraph (d) of subsection (3) of section
 1461  39.501, Florida Statutes, is amended to read:
 1462         39.501 Petition for dependency.—
 1463         (3)
 1464         (d) The petitioner must state in the petition, if known,
 1465  whether:
 1466         1. A parent or legal custodian named in the petition has
 1467  previously unsuccessfully participated in voluntary services
 1468  offered by the department;
 1469         2. A parent or legal custodian named in the petition has
 1470  participated in mediation and whether a mediation agreement
 1471  exists;
 1472         3. A parent or legal custodian has rejected the voluntary
 1473  services offered by the department;
 1474         4. A parent or legal custodian named in the petition has
 1475  not fully complied with a safety plan; or
 1476         5.4. The department has determined that voluntary services
 1477  are not appropriate for the parent or legal custodian and the
 1478  reasons for such determination.
 1480  If the department is the petitioner, it shall provide all safety
 1481  assessments and safety plans involving the parent or legal
 1482  custodian to the court.
 1483         Section 14. Section 39.5085, Florida Statutes, is amended
 1484  to read:
 1485         39.5085 Relative Caregiver Program.—
 1486         (1) It is the intent of the Legislature in enacting this
 1487  section to:
 1488         (a) Provide for the establishment of procedures and
 1489  protocols that serve to advance the continued safety of children
 1490  by acknowledging the valued resource uniquely available through
 1491  grandparents, and relatives of children, and specified
 1492  nonrelatives of children pursuant to subparagraph (2)(a)3.
 1493         (b) Recognize family relationships in which a grandparent
 1494  or other relative is the head of a household that includes a
 1495  child otherwise at risk of foster care placement.
 1496         (c) Enhance family preservation and stability by
 1497  recognizing that most children in such placements with
 1498  grandparents and other relatives do not need intensive
 1499  supervision of the placement by the courts or by the department.
 1500         (d) Recognize that permanency in the best interests of the
 1501  child can be achieved through a variety of permanency options,
 1502  including permanent guardianship under s. 39.6221 if the
 1503  guardian is a relative, by permanent placement with a fit and
 1504  willing relative under s. 39.6231, by a relative, guardianship
 1505  under chapter 744, or adoption, by providing additional
 1506  placement options and incentives that will achieve permanency
 1507  and stability for many children who are otherwise at risk of
 1508  foster care placement because of abuse, abandonment, or neglect,
 1509  but who may successfully be able to be placed by the dependency
 1510  court in the care of such relatives.
 1511         (e) Reserve the limited casework and supervisory resources
 1512  of the courts and the department for those cases in which
 1513  children do not have the option for safe, stable care within the
 1514  family.
 1515         (f) Recognize that a child may have a close relationship
 1516  with a person who is not a blood relative or a relative by
 1517  marriage and that such person should be eligible for financial
 1518  assistance under this section if he or she is able and willing
 1519  to care for the child and provide a safe, stable home
 1520  environment.
 1521         (2)(a) The Department of Children and Families Family
 1522  Services shall establish and operate the Relative Caregiver
 1523  Program pursuant to eligibility guidelines established in this
 1524  section as further implemented by rule of the department. The
 1525  Relative Caregiver Program shall, within the limits of available
 1526  funding, provide financial assistance to:
 1527         1. Relatives who are within the fifth degree by blood or
 1528  marriage to the parent or stepparent of a child and who are
 1529  caring full-time for that dependent child in the role of
 1530  substitute parent as a result of a court’s determination of
 1531  child abuse, neglect, or abandonment and subsequent placement
 1532  with the relative under this chapter.
 1533         2. Relatives who are within the fifth degree by blood or
 1534  marriage to the parent or stepparent of a child and who are
 1535  caring full-time for that dependent child, and a dependent half
 1536  brother or half-sister of that dependent child, in the role of
 1537  substitute parent as a result of a court’s determination of
 1538  child abuse, neglect, or abandonment and subsequent placement
 1539  with the relative under this chapter.
 1540         3. Nonrelatives who are willing to assume custody and care
 1541  of a dependent child and a dependent half-brother or half-sister
 1542  of that dependent child in the role of substitute parent as a
 1543  result of a court’s determination of child abuse, neglect, or
 1544  abandonment and subsequent placement with the nonrelative
 1545  caregiver under this chapter. The court must find that a
 1546  proposed placement under this subparagraph is in the best
 1547  interest of the child.
 1549  The placement may be court-ordered temporary legal custody to
 1550  the relative or nonrelative under protective supervision of the
 1551  department pursuant to s. 39.521(1)(b)3., or court-ordered
 1552  placement in the home of a relative or nonrelative as a
 1553  permanency option under s. 39.6221 or s. 39.6231 or under former
 1554  s. 39.622 if the placement was made before July 1, 2006. The
 1555  Relative Caregiver Program shall offer financial assistance to
 1556  caregivers who are relatives and who would be unable to serve in
 1557  that capacity without the relative caregiver payment because of
 1558  financial burden, thus exposing the child to the trauma of
 1559  placement in a shelter or in foster care.
 1560         (b) Caregivers who are relatives and who receive assistance
 1561  under this section must be capable, as determined by a home
 1562  study, of providing a physically safe environment and a stable,
 1563  supportive home for the children under their care, and must
 1564  assure that the children’s well-being is met, including, but not
 1565  limited to, the provision of immunizations, education, and
 1566  mental health services as needed.
 1567         (c) Relatives or nonrelatives who qualify for and
 1568  participate in the Relative Caregiver Program are not required
 1569  to meet foster care licensing requirements under s. 409.175.
 1570         (d) Relatives or nonrelatives who are caring for children
 1571  placed with them by the court pursuant to this chapter shall
 1572  receive a special monthly relative caregiver benefit established
 1573  by rule of the department. The amount of the special benefit
 1574  payment shall be based on the child’s age within a payment
 1575  schedule established by rule of the department and subject to
 1576  availability of funding. The statewide average monthly rate for
 1577  children judicially placed with relatives or nonrelatives who
 1578  are not licensed as foster homes may not exceed 82 percent of
 1579  the statewide average foster care rate, and nor may the cost of
 1580  providing the assistance described in this section to any
 1581  relative caregiver may not exceed the cost of providing out-of
 1582  home care in emergency shelter or foster care.
 1583         (e) Children receiving cash benefits under this section are
 1584  not eligible to simultaneously receive WAGES cash benefits under
 1585  chapter 414.
 1586         (f) Within available funding, the Relative Caregiver
 1587  Program shall provide relative caregivers with family support
 1588  and preservation services, flexible funds in accordance with s.
 1589  409.165, school readiness, and other available services in order
 1590  to support the child’s safety, growth, and healthy development.
 1591  Children living with relative caregivers who are receiving
 1592  assistance under this section shall be eligible for Medicaid
 1593  coverage.
 1594         (g) The department may use appropriate available state,
 1595  federal, and private funds to operate the Relative Caregiver
 1596  Program. The department may develop liaison functions to be
 1597  available to relatives or nonrelatives who care for children
 1598  pursuant to this chapter to ensure placement stability in
 1599  extended family settings.
 1600         Section 15. Subsections (3) and (4) of section 39.604,
 1601  Florida Statutes, are amended to read:
 1602         39.604 Rilya Wilson Act; short title; legislative intent;
 1603  requirements; attendance and reporting responsibilities.—
 1604         (3) REQUIREMENTS.—A child from birth to the age of who is
 1605  age 3 years to school entry, under court-ordered court ordered
 1606  protective supervision or in the custody of the Family Safety
 1607  Program Office of the Department of Children and Families Family
 1608  Services or a community-based lead agency, and enrolled in a
 1609  licensed early education or child care program must attend be
 1610  enrolled to participate in the program 5 days a week.
 1611  Notwithstanding the requirements of s. 39.202, the Department of
 1612  Children and Families Family Services must notify operators of
 1613  the licensed early education or child care program, subject to
 1614  the reporting requirements of this act, of the enrollment of any
 1615  child from birth to the age of age 3 years to school entry,
 1616  under court-ordered court ordered protective supervision or in
 1617  the custody of the Family Safety Program Office of the
 1618  Department of Children and Families Family Services or a
 1619  community-based lead agency. When a child is enrolled in an
 1620  early education or child care program regulated by the
 1621  department, the child’s attendance in the program must be a
 1622  required action in the safety plan or the case plan developed
 1623  for the a child pursuant to this chapter who is enrolled in a
 1624  licensed early education or child care program must contain the
 1625  participation in this program as a required action. An exemption
 1626  to participating in the licensed early education or child care
 1627  program 5 days a week may be granted by the court.
 1629         (a) A child enrolled in a licensed early education or child
 1630  care program who meets the requirements of subsection (3) may
 1631  not be withdrawn from the program without the prior written
 1632  approval of the Family Safety Program Office of the Department
 1633  of Children and Families Family Services or the community-based
 1634  lead agency.
 1635         (b)1. If a child covered by this section is absent from the
 1636  program on a day when he or she is supposed to be present, the
 1637  person with whom the child resides must report the absence to
 1638  the program by the end of the business day. If the person with
 1639  whom the child resides, whether the parent or caregiver, fails
 1640  to timely report the absence, the absence is considered to be
 1641  unexcused. The program shall report any unexcused absence or
 1642  seven consecutive excused absences of a child who is enrolled in
 1643  the program and covered by this act to the local designated
 1644  staff of the Family Safety Program Office of the Department of
 1645  Children and Families Family Services or the community-based
 1646  lead agency by the end of the business day following the
 1647  unexcused absence or seventh consecutive excused absence.
 1648         2. The department or community-based lead agency shall
 1649  conduct a site visit to the residence of the child upon
 1650  receiving a report of two consecutive unexcused absences or
 1651  seven consecutive excused absences.
 1652         3. If the site visit results in a determination that the
 1653  child is missing, the department or community-based lead agency
 1654  shall report the child as missing to a law enforcement agency
 1655  and proceed with the necessary actions to locate the child
 1656  pursuant to procedures for locating missing children.
 1657         4. If the site visit results in a determination that the
 1658  child is not missing, the parent or caregiver shall be notified
 1659  that failure to ensure that the child attends the licensed early
 1660  education or child care program is a violation of the safety
 1661  plan or the case plan. If more than two site visits are
 1662  conducted pursuant to this subsection, staff shall initiate
 1663  action to notify the court of the parent or caregiver’s
 1664  noncompliance with the case plan.
 1665         Section 16. Paragraph (c) of subsection (2) and paragraph
 1666  (a) of subsection (3) of section 39.701, Florida Statutes, are
 1667  amended to read:
 1668         39.701 Judicial review.—
 1670  AGE.—
 1671         (c) Review determinations.—The court and any citizen review
 1672  panel shall take into consideration the information contained in
 1673  the social services study and investigation and all medical,
 1674  psychological, and educational records that support the terms of
 1675  the case plan; testimony by the social services agency, the
 1676  parent, the foster parent or legal custodian, the guardian ad
 1677  litem or surrogate parent for educational decisionmaking if one
 1678  has been appointed for the child, and any other person deemed
 1679  appropriate; and any relevant and material evidence submitted to
 1680  the court, including written and oral reports to the extent of
 1681  their probative value. These reports and evidence may be
 1682  received by the court in its effort to determine the action to
 1683  be taken with regard to the child and may be relied upon to the
 1684  extent of their probative value, even though not competent in an
 1685  adjudicatory hearing. In its deliberations, the court and any
 1686  citizen review panel shall seek to determine:
 1687         1. If the parent was advised of the right to receive
 1688  assistance from any person or social service agency in the
 1689  preparation of the case plan.
 1690         2. If the parent has been advised of the right to have
 1691  counsel present at the judicial review or citizen review
 1692  hearings. If not so advised, the court or citizen review panel
 1693  shall advise the parent of such right.
 1694         3. If a guardian ad litem needs to be appointed for the
 1695  child in a case in which a guardian ad litem has not previously
 1696  been appointed or if there is a need to continue a guardian ad
 1697  litem in a case in which a guardian ad litem has been appointed.
 1698         4. Who holds the rights to make educational decisions for
 1699  the child. If appropriate, the court may refer the child to the
 1700  district school superintendent for appointment of a surrogate
 1701  parent or may itself appoint a surrogate parent under the
 1702  Individuals with Disabilities Education Act and s. 39.0016.
 1703         5. The compliance or lack of compliance of all parties with
 1704  applicable items of the case plan, including the parents’
 1705  compliance with child support orders.
 1706         6. The compliance or lack of compliance with a visitation
 1707  contract between the parent and the social service agency for
 1708  contact with the child, including the frequency, duration, and
 1709  results of the parent-child visitation and the reason for any
 1710  noncompliance.
 1711         7. The frequency, kind, and duration of contacts among
 1712  siblings who have been separated during placement, as well as
 1713  any efforts undertaken to reunite separated siblings if doing so
 1714  is in the best interest of the child.
 1715         8.7. The compliance or lack of compliance of the parent in
 1716  meeting specified financial obligations pertaining to the care
 1717  of the child, including the reason for failure to comply, if
 1718  applicable such is the case.
 1719         9.8. Whether the child is receiving safe and proper care
 1720  according to s. 39.6012, including, but not limited to, the
 1721  appropriateness of the child’s current placement, including
 1722  whether the child is in a setting that is as family-like and as
 1723  close to the parent’s home as possible, consistent with the
 1724  child’s best interests and special needs, and including
 1725  maintaining stability in the child’s educational placement, as
 1726  documented by assurances from the community-based care provider
 1727  that:
 1728         a. The placement of the child takes into account the
 1729  appropriateness of the current educational setting and the
 1730  proximity to the school in which the child is enrolled at the
 1731  time of placement.
 1732         b. The community-based care agency has coordinated with
 1733  appropriate local educational agencies to ensure that the child
 1734  remains in the school in which the child is enrolled at the time
 1735  of placement.
 1736         10.9. A projected date likely for the child’s return home
 1737  or other permanent placement.
 1738         11.10. When appropriate, the basis for the unwillingness or
 1739  inability of the parent to become a party to a case plan. The
 1740  court and the citizen review panel shall determine if the
 1741  efforts of the social service agency to secure party
 1742  participation in a case plan were sufficient.
 1743         12.11. For a child who has reached 13 years of age but is
 1744  not yet 18 years of age, the adequacy of the child’s preparation
 1745  for adulthood and independent living.
 1746         13.12. If amendments to the case plan are required.
 1747  Amendments to the case plan must be made under s. 39.6013.
 1749         (a) In addition to the review and report required under
 1750  paragraphs (1)(a) and (2)(a), respectively, the court shall hold
 1751  a judicial review hearing within 90 days after a child’s 17th
 1752  birthday. The court shall also issue an order, separate from the
 1753  order on judicial review, that the disability of nonage of the
 1754  child has been removed pursuant to ss. 743.044, 743.045, and
 1755  743.046, and for any of these disabilities that the court finds
 1756  is in the child’s best interest to remove. The court s. 743.045
 1757  and shall continue to hold timely judicial review hearings. If
 1758  necessary, the court may review the status of the child more
 1759  frequently during the year before the child’s 18th birthday. At
 1760  each review hearing held under this subsection, in addition to
 1761  any information or report provided to the court by the foster
 1762  parent, legal custodian, or guardian ad litem, the child shall
 1763  be given the opportunity to address the court with any
 1764  information relevant to the child’s best interest, particularly
 1765  in relation to independent living transition services. The
 1766  department shall include in the social study report for judicial
 1767  review written verification that the child has:
 1768         1. A current Medicaid card and all necessary information
 1769  concerning the Medicaid program sufficient to prepare the child
 1770  to apply for coverage upon reaching the age of 18, if such
 1771  application is appropriate.
 1772         2. A certified copy of the child’s birth certificate and,
 1773  if the child does not have a valid driver license, a Florida
 1774  identification card issued under s. 322.051.
 1775         3. A social security card and information relating to
 1776  social security insurance benefits if the child is eligible for
 1777  those benefits. If the child has received such benefits and they
 1778  are being held in trust for the child, a full accounting of
 1779  these funds must be provided and the child must be informed as
 1780  to how to access those funds.
 1781         4. All relevant information related to the Road-to
 1782  Independence Program, including, but not limited to, eligibility
 1783  requirements, information on participation, and assistance in
 1784  gaining admission to the program. If the child is eligible for
 1785  the Road-to-Independence Program, he or she must be advised that
 1786  he or she may continue to reside with the licensed family home
 1787  or group care provider with whom the child was residing at the
 1788  time the child attained his or her 18th birthday, in another
 1789  licensed family home, or with a group care provider arranged by
 1790  the department.
 1791         5. An open bank account or the identification necessary to
 1792  open a bank account and to acquire essential banking and
 1793  budgeting skills.
 1794         6. Information on public assistance and how to apply for
 1795  public assistance.
 1796         7. A clear understanding of where he or she will be living
 1797  on his or her 18th birthday, how living expenses will be paid,
 1798  and the educational program or school in which he or she will be
 1799  enrolled.
 1800         8. Information related to the ability of the child to
 1801  remain in care until he or she reaches 21 years of age under s.
 1802  39.013.
 1803         9. A letter providing the dates that the child is under the
 1804  jurisdiction of the court.
 1805         10. A letter stating that the child is in compliance with
 1806  financial aid documentation requirements.
 1807         11. The child’s educational records.
 1808         12. The child’s entire health and mental health records.
 1809         13. The process for accessing his or her case file.
 1810         14. A statement encouraging the child to attend all
 1811  judicial review hearings occurring after the child’s 17th
 1812  birthday.
 1813         Section 17. Subsection (2) of section 39.802, Florida
 1814  Statutes, is amended to read:
 1815         39.802 Petition for termination of parental rights; filing;
 1816  elements.—
 1817         (2) The form of the petition is governed by the Florida
 1818  Rules of Juvenile Procedure. The petition must be in writing and
 1819  signed by the petitioner or, if the department is the
 1820  petitioner, by an employee of the department, under oath stating
 1821  the petitioner’s good faith in filing the petition.
 1822         Section 18. Paragraph (g) of subsection (1) of section
 1823  63.212, Florida Statutes, is amended to read:
 1824         63.212 Prohibited acts; penalties for violation.—
 1825         (1) It is unlawful for any person:
 1826         (g) Except an adoption entity, to advertise or offer to the
 1827  public, in any way, by any medium whatever that a minor is
 1828  available for adoption or that a minor is sought for adoption;
 1829  and, further, it is unlawful for any person to publish or
 1830  broadcast any such advertisement or assist an unlicensed person
 1831  or entity in publishing or broadcasting any such advertisement
 1832  without including a Florida license number of the agency or
 1833  attorney placing the advertisement.
 1834         1. Only a person who is an attorney licensed to practice
 1835  law in this state or an adoption entity licensed under the laws
 1836  of this state may place a paid advertisement or paid listing of
 1837  the person’s telephone number, on the person’s own behalf, in a
 1838  telephone directory that:
 1839         a. A child is offered or wanted for adoption; or
 1840         b. The person is able to place, locate, or receive a child
 1841  for adoption.
 1842         2. A person who publishes a telephone directory that is
 1843  distributed in this state:
 1844         a. shall include, at the beginning of any classified
 1845  heading for adoption and adoption services, a statement that
 1846  informs directory users that only attorneys licensed to practice
 1847  law in this state and licensed adoption entities may legally
 1848  provide adoption services under state law.
 1849         3.b.A person who places may publish an advertisement
 1850  described in subparagraph 1. in a the telephone directory must
 1851  include only if the advertisement contains the following
 1852  information:
 1853         a.(I) For an attorney licensed to practice law in this
 1854  state, the person’s Florida Bar number.
 1855         b.(II) For a child placing agency licensed under the laws
 1856  of this state, the number on the person’s adoption entity
 1857  license.
 1858         Section 19. Subsection (1) and paragraph (c) of subsection
 1859  (3) of section 383.402, Florida Statutes, are amended to read:
 1860         383.402 Child abuse death review; State Child Abuse Death
 1861  Review Committee; local child abuse death review committees.—
 1862         (1) It is the intent of the Legislature to establish a
 1863  statewide multidisciplinary, multiagency child abuse death
 1864  assessment and prevention system that consists of state and
 1865  local review committees. The state and local review committees
 1866  shall review the facts and circumstances of all deaths of
 1867  children from birth through age 18 which occur in this state and
 1868  are reported to the central abuse hotline of the Department of
 1869  Children and Families as the result of verified child abuse or
 1870  neglect. The purpose of the review shall be to:
 1871         (a) Achieve a greater understanding of the causes and
 1872  contributing factors of deaths resulting from child abuse.
 1873         (b) Whenever possible, develop a communitywide approach to
 1874  address such cases and contributing factors.
 1875         (c) Identify any gaps, deficiencies, or problems in the
 1876  delivery of services to children and their families by public
 1877  and private agencies which may be related to deaths that are the
 1878  result of child abuse.
 1879         (d) Make and implement recommendations for changes in law,
 1880  rules, and policies, as well as develop practice standards that
 1881  support the safe and healthy development of children and reduce
 1882  preventable child abuse deaths.
 1883         (3) The State Child Abuse Death Review Committee shall:
 1884         (c) Prepare an annual statistical report on the incidence
 1885  and causes of death resulting from reported child abuse in the
 1886  state during the prior calendar year. The state committee shall
 1887  submit a copy of the report by October 1 December 31 of each
 1888  year to the Governor, the President of the Senate, and the
 1889  Speaker of the House of Representatives. The report must include
 1890  recommendations for state and local action, including specific
 1891  policy, procedural, regulatory, or statutory changes, and any
 1892  other recommended preventive action.
 1893         Section 20. Subsection (5) of section 402.40, Florida
 1894  Statutes, is amended, and paragraph (g) is added to subsection
 1895  (3) of that section, to read:
 1896         402.40 Child welfare training and certification.—
 1897         (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
 1898  shall approve one or more third-party credentialing entities for
 1899  the purpose of developing and administering child welfare
 1900  certification programs for persons who provide child welfare
 1901  services. A third-party credentialing entity shall request such
 1902  approval in writing from the department. In order to obtain
 1903  approval, the third-party credentialing entity must:
 1904         (g) Maintain an advisory committee, including
 1905  representatives from each region of the department, each
 1906  sheriff’s office providing child protective services, and each
 1907  community-based care lead agency, who shall be appointed by the
 1908  organization they represent. The third-party credentialing
 1909  entity may appoint additional members to the advisory committee.
 1911         (a) The Department of Children and Families Family Services
 1912  shall approve the core competencies and related preservice
 1913  curricula that ensures that each person delivering child welfare
 1914  services obtains the knowledge, skills, and abilities to
 1915  competently carry out his or her work responsibilities.
 1916         (b) The identification of these core competencies and
 1917  development of preservice curricula shall be a collaborative
 1918  effort that includes professionals who have expertise in child
 1919  welfare services, department-approved third-party credentialing
 1920  entities, and providers that will be affected by the curriculum,
 1921  including, but not limited to, representatives from the
 1922  community-based care lead agencies, sheriffs’ offices conducting
 1923  child protection investigations, and child welfare legal
 1924  services providers.
 1925         (c) Community-based care agencies, sheriffs’ offices, and
 1926  the department may contract for the delivery of preservice and
 1927  any additional training for persons delivering child welfare
 1928  services if the curriculum satisfies the department-approved
 1929  core competencies.
 1930         (d) The department may also approve certifications
 1931  involving specializations in serving specific populations or in
 1932  skills relevant to child protection to be awarded to persons
 1933  delivering child welfare services by a third-party credentialing
 1934  entity approved pursuant to subsection (3).
 1935         (e)(d) Department-approved credentialing entities shall,
 1936  for a period of at least 12 months after implementation of the
 1937  third-party child welfare certification programs, grant
 1938  reciprocity and award a child welfare certification to
 1939  individuals who hold current department-issued child welfare
 1940  certification in good standing, at no cost to the department or
 1941  the certificateholder.
 1942         Section 21. Section 402.402, Florida Statutes, is created
 1943  to read:
 1944         402.402 Child protection and child welfare personnel;
 1945  attorneys employed by the department.–
 1946         (1) DEFINITIONS.—As used in this section, the term:
 1947         (a) “Child protection and child welfare personnel” includes
 1948  child protective investigators and child protective investigator
 1949  supervisors employed by the department and case managers and
 1950  case manager supervisors employed by a community-based care lead
 1951  agency or a subcontractor of a community-based care lead agency.
 1952         (b) “Human services-related field” means psychology,
 1953  sociology, counseling, special education, human development,
 1954  child development, family development, marriage and family
 1955  therapy, and nursing.
 1958         (a)On an annual and statewide basis, 80 percent of child
 1959  protective investigators and child protective investigation
 1960  supervisors hired by the department on or after July 1, 2014,
 1961  must have a bachelor’s degree or master’s degree in social work
 1962  from a college or university social work program accredited by
 1963  the Council on Social Work Education. If no viable candidates
 1964  are available, the department may hire a person with a
 1965  bachelor’s degree or master’s degree in a human services-related
 1966  field. However, such employees must complete certification
 1967  pursuant to s. 402.40(3) and complete at least 6 credit hours of
 1968  college level coursework that imparts knowledge and leads to the
 1969  development of skills with direct application to the child
 1970  protection field within 3 years of the date of hire.
 1971         (b) Child protective investigators and child protective
 1972  investigation supervisors employed by the department or a
 1973  sheriff’s office before July 1, 2014, are exempt from the
 1974  requirements of paragraph (a).
 1975         (c) Child protective investigators and child protective
 1976  investigation supervisors employed by a sheriff’s office must
 1977  have a bachelor’s degree and, within 3 years of hire, complete
 1978  at least 6 credit hours of college level coursework that impart
 1979  knowledge and lead to the development of skills with direct
 1980  application to the child protection field.
 1981         (d) All child protective investigators and child protective
 1982  investigation supervisors employed by the department or a
 1983  sheriff’s office must complete specialized training focused on
 1984  serving a specific population, including, but not limited to,
 1985  medically fragile children, sexually exploited children,
 1986  children under 3 years of age, or families with a history of
 1987  domestic violence, mental illness, or substance abuse, or
 1988  focused on performing certain aspects of child protection
 1989  practice, including, but not limited to, investigation
 1990  techniques and analysis of family dynamics. The specialized
 1991  training may be used to fulfill continuing education
 1992  requirements under s. 402.40(3)(e). Individuals hired before
 1993  July 1, 2014, shall complete the specialized training by June
 1994  30, 2016, and individuals hired on or after July 1, 2014, shall
 1995  complete the specialized training within 2 years after hire. An
 1996  individual may receive specialized training in multiple areas.
 1998  WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
 1999  primary responsibility is representing the department in child
 2000  welfare cases shall, within the first 6 months of employment,
 2001  receive training in:
 2002         (a)The dependency court process, including the attorney’s
 2003  role in preparing and reviewing documents prepared for
 2004  dependency court for accuracy and completeness;
 2005         (b)Preparing and presenting child welfare cases, including
 2006  at least 1 week shadowing an experienced children’s legal
 2007  services attorney preparing and presenting cases;
 2008         (c)Safety assessment, safety decisionmaking tools, and
 2009  safety plans;
 2010         (d)Developing information presented by investigators and
 2011  case managers to support decisionmaking in the best interest of
 2012  children; and
 2013         (e)The experiences and techniques of case managers and
 2014  investigators, including shadowing an experienced child
 2015  protective investigator and an experienced case manager for at
 2016  least 8 hours.
 2017         Section 22. Section 402.403, Florida Statutes, is created
 2018  to read:
 2019         402.403 Child Protection and Child Welfare Personnel
 2020  Tuition Exemption Program.—
 2021         (1) There is established within the department the Child
 2022  Protection and Child Welfare Personnel Tuition Exemption Program
 2023  for the purpose of recruiting and retaining high-performing
 2024  individuals who are employed as child protection and child
 2025  welfare personnel as defined in s. 402.402 and who do not
 2026  possess a master’s degree in social work or a certificate in an
 2027  area related to child welfare.
 2028         (2) Child protection and child welfare personnel who meet
 2029  the requirements specified in subsection (3) are exempt from the
 2030  payment of tuition and fees at a state university.
 2031         (3) The department may approve child protection and child
 2032  welfare personnel for the tuition and fee exemption if such
 2033  personnel:
 2034         (a) Are employed as child protection and child welfare
 2035  personnel and are determined by their employers to perform at a
 2036  high level as established by their personnel evaluations; and
 2037         (b) Are accepted in a graduate-level social work program or
 2038  a certificate program related to child welfare which is
 2039  accredited by the Council on Social Work Education.
 2040         (4)Child protection and child welfare personnel who meet
 2041  the requirements specified in subsection (3) may enroll for up
 2042  to 6 credit hours of courses per term.
 2043         (5) Child protection and child welfare personnel who are
 2044  accepted into a graduate-level social work program or a
 2045  certificate program related to child welfare which is accredited
 2046  by the Council on Social Work Education shall take courses
 2047  associated with the degree or certificate program online if such
 2048  courses are offered online.
 2049         Section 23. Section 402.404, Florida Statutes, is created
 2050  to read:
 2051         402.404 Child Protective Investigator and Supervisor
 2052  Student Loan Forgiveness Program.—
 2053         (1) There is established within the department the Child
 2054  Protective Investigator and Supervisor Student Loan Forgiveness
 2055  Program. The purpose of the program is to increase employment
 2056  and retention of high-performing individuals who have either a
 2057  bachelor’s degree or a master’s degree in social work and work
 2058  in child protection or child welfare for the department, a
 2059  community-based care lead agency, or a community-based care
 2060  subcontractor by making payments toward loans received by
 2061  students from federal or state programs or commercial lending
 2062  institutions for the support of prior postsecondary study in
 2063  accredited social work programs.
 2064         (2) To be eligible for the program, a candidate must:
 2065         (a) Be employed by the department as a child protective
 2066  investigator or a child protective investigation supervisor or
 2067  be employed by a community-based care lead agency or
 2068  subcontractor as a case manager or case manager supervisor;
 2069         (b) Be determined by the department or his or her employer
 2070  to have a high level of performance based on his or her personal
 2071  evaluation; and
 2072         (c) Have graduated from an accredited social work program
 2073  with either a bachelor’s degree or a master’s degree in social
 2074  work.
 2075         (3) Only loans to pay the costs of tuition, books, fees,
 2076  and living expenses shall be covered.
 2077         (4) The department or lead agency may make loan payments of
 2078  up to $3,000 each year for up to 4 years on behalf of selected
 2079  graduates of an accredited social work program from the funds
 2080  appropriated for this purpose. All payments are contingent upon
 2081  continued proof of employment and shall be made directly to the
 2082  holder of the loan.
 2083         (5) A student who receives a tuition exemption pursuant to
 2084  s. 402.403 is not eligible to participate in the Child
 2085  Protective Investigator and Supervisor Student Loan Forgiveness
 2086  Program.
 2087         (6) The department shall prioritize funds appropriated for
 2088  this purpose to regions with high average caseloads and low
 2089  workforce retention rates.
 2090         Section 24. Section 409.165, Florida Statutes, is amended
 2091  to read:
 2092         409.165 Alternate care for children.—
 2093         (1) Within funds appropriated, the department shall
 2094  establish and supervise a program of emergency shelters, runaway
 2095  shelters, foster homes, group homes, agency-operated group
 2096  treatment homes, nonpsychiatric residential group care
 2097  facilities, psychiatric residential treatment facilities, and
 2098  other appropriate facilities to provide shelter and care for
 2099  dependent children who must be placed away from their families.
 2100  The department, in accordance with outcome established goals
 2101  established in s. 409.986, shall contract for the provision of
 2102  such shelter and care by counties, municipalities, nonprofit
 2103  corporations, and other entities capable of providing needed
 2104  services if:
 2105         (a) The services so provided comply with all department
 2106  standards, policies, and procedures are available;
 2107         (b) The services can be so provided at a reasonable cost
 2108  are more cost-effective than those provided by the department;
 2109  and
 2110         (c) Unless otherwise provided by law, such providers of
 2111  shelter and care are licensed by the department.
 2113  It is the legislative intent that the
 2114         (2) Funds appropriated for the alternate care of children
 2115  as described in this section may be used to meet the needs of
 2116  children in their own homes or those of relatives if the
 2117  children can be safely served in such settings their own homes,
 2118  or the homes of relatives, and the expenditure of funds in such
 2119  manner is equal to or less than the cost of out-of-home
 2120  placement calculated by the department to be an eventual cost
 2121  savings over placement of children.
 2122         (3)(2) The department shall may cooperate with all child
 2123  service institutions or agencies within the state which meet the
 2124  department’s standards in order to maintain a comprehensive,
 2125  coordinated, and inclusive system for promoting and protecting
 2126  the well-being of children, consistent with the goals
 2127  established in s. 409.986 rules for proper care and supervision
 2128  prescribed by the department for the well-being of children.
 2129         (a) The department shall work with the Department of Health
 2130  in the development, use, and monitoring of medical foster homes
 2131  for medically complex children.
 2132         (b) The department shall work with the Agency for Health
 2133  Care Administration and the Agency for Persons with Disabilities
 2134  to provide such services as may be necessary to maintain
 2135  medically complex children in the least restrictive and most
 2136  nurturing environment consistent with the subsection (2).
 2137         (4)(3) With the written consent of parents, custodians, or
 2138  guardians, or in accordance with those provisions in chapter 39
 2139  that relate to dependent children, the department, under rules
 2140  properly adopted, may place a child:
 2141         (a) With a relative;
 2142         (b) With an adult nonrelative approved by the court for
 2143  long-term custody;
 2144         (c) With a person who is considering the adoption of a
 2145  child in the manner provided for by law;
 2146         (d) When limited, except as provided in paragraph (b), to
 2147  temporary emergency situations, with a responsible adult
 2148  approved by the court;
 2149         (e) With a person or family approved by the department to
 2150  serve as a medical foster home;
 2151         (f)(e) With a person or agency licensed by the department
 2152  in accordance with s. 409.175; or
 2153         (g)(f) In a subsidized independent living situation,
 2154  subject to the provisions of s. 409.1451(4)(c),
 2156  under such conditions as are determined to be for the best
 2157  interests or the welfare of the child. Any child placed in an
 2158  institution or in a family home by the department or its agency
 2159  may be removed by the department or its agency, and such other
 2160  disposition may be made as is for the best interest of the
 2161  child, including transfer of the child to another institution,
 2162  another home, or the home of the child. Expenditure of funds
 2163  appropriated for out-of-home care can be used to meet the needs
 2164  of a child in the child’s own home or the home of a relative if
 2165  the child can be safely served in the child’s own home or that
 2166  of a relative if placement can be avoided by the expenditure of
 2167  such funds, and if the expenditure of such funds in this manner
 2168  is equal to or less than the cost of out-of-home placement
 2169  calculated by the department to be a potential cost savings.
 2170         Section 25. Paragraph (c) of subsection (2) of section
 2171  409.967, Florida Statutes, is amended to read:
 2172         409.967 Managed care plan accountability.—
 2173         (2) The agency shall establish such contract requirements
 2174  as are necessary for the operation of the statewide managed care
 2175  program. In addition to any other provisions the agency may deem
 2176  necessary, the contract must require:
 2177         (c) Access.—
 2178         1. The agency shall establish specific standards for the
 2179  number, type, and regional distribution of providers in managed
 2180  care plan networks to ensure access to care for both adults and
 2181  children. Each plan must maintain a regionwide network of
 2182  providers in sufficient numbers to meet the access standards for
 2183  specific medical services for all recipients enrolled in the
 2184  plan. The exclusive use of mail-order pharmacies may not be
 2185  sufficient to meet network access standards. Consistent with the
 2186  standards established by the agency, provider networks may
 2187  include providers located outside the region. A plan may
 2188  contract with a new hospital facility before the date the
 2189  hospital becomes operational if the hospital has commenced
 2190  construction, will be licensed and operational by January 1,
 2191  2013, and a final order has issued in any civil or
 2192  administrative challenge. Each plan shall establish and maintain
 2193  an accurate and complete electronic database of contracted
 2194  providers, including information about licensure or
 2195  registration, locations and hours of operation, specialty
 2196  credentials and other certifications, specific performance
 2197  indicators, and such other information as the agency deems
 2198  necessary. The database must be available online to both the
 2199  agency and the public and have the capability to compare the
 2200  availability of providers to network adequacy standards and to
 2201  accept and display feedback from each provider’s patients. Each
 2202  plan shall submit quarterly reports to the agency identifying
 2203  the number of enrollees assigned to each primary care provider.
 2204         2. Each managed care plan must publish any prescribed drug
 2205  formulary or preferred drug list on the plan’s website in a
 2206  manner that is accessible to and searchable by enrollees and
 2207  providers. The plan must update the list within 24 hours after
 2208  making a change. Each plan must ensure that the prior
 2209  authorization process for prescribed drugs is readily accessible
 2210  to health care providers, including posting appropriate contact
 2211  information on its website and providing timely responses to
 2212  providers. For Medicaid recipients diagnosed with hemophilia who
 2213  have been prescribed anti-hemophilic-factor replacement
 2214  products, the agency shall provide for those products and
 2215  hemophilia overlay services through the agency’s hemophilia
 2216  disease management program.
 2217         3. Managed care plans, and their fiscal agents or
 2218  intermediaries, must accept prior authorization requests for any
 2219  service electronically.
 2220         4. Managed care plans serving children in the care and
 2221  custody of the Department of Children and Families must maintain
 2222  complete medical, dental, and behavioral health information and
 2223  provide such information to the department for inclusion in the
 2224  state’s child welfare data system. Using such documentation, the
 2225  agency and the department shall determine the plan’s compliance
 2226  with standards for access to medical, dental, and behavioral
 2227  health services; the use of psychotropic medications; and
 2228  followup on all medically necessary services recommended as a
 2229  result of early and periodic screening, diagnosis, and
 2230  treatment.
 2231         Section 26. Paragraph (f) is added to subsection (2) of
 2232  section 409.972, Florida Statutes, to read:
 2233         409.972 Mandatory and voluntary enrollment.—
 2234         (2) The following Medicaid-eligible persons are exempt from
 2235  mandatory managed care enrollment required by s. 409.965, and
 2236  may voluntarily choose to participate in the managed medical
 2237  assistance program:
 2238         (f) Medicaid recipients residing in a group home facility
 2239  licensed under chapter 393.
 2240         Section 27. The Division of Law Revision and Information is
 2241  directed to create part V of chapter 409, Florida Statutes,
 2242  consisting of ss. 409.986-409.998, to be entitled “Community
 2243  based child welfare.”
 2244         Section 28. Section 409.986, Florida Statutes, is created
 2245  to read:
 2246         409.986 Legislative findings and intent; child protection
 2247  and child welfare outcomes; definitions.—
 2249         (a) It is the intent of the Legislature that the Department
 2250  of Children and Families provide child protection and child
 2251  welfare services to children through contracting with community
 2252  based care lead agencies. It is the further intent of the
 2253  Legislature that communities have responsibility for and
 2254  participate in ensuring safety, permanence, and well-being for
 2255  all children in the state.
 2256         (b) The Legislature finds that when private entities assume
 2257  responsibility for the care of children in the child protection
 2258  and child welfare system, comprehensive oversight of the
 2259  programmatic, administrative, and fiscal operation of those
 2260  entities is essential. The Legislature further finds that the
 2261  appropriate care of children is ultimately the responsibility of
 2262  the state and that outsourcing such care does not relieve the
 2263  state of its responsibility to ensure that appropriate care is
 2264  provided.
 2266  goal of the department to protect the best interest of children
 2267  by achieving the following outcomes in conjunction with the
 2268  community-based care lead agency, community-based
 2269  subcontractors, and the community alliance:
 2270         (a) Children are first and foremost protected from abuse
 2271  and neglect.
 2272         (b) Children are safely maintained in their homes, if
 2273  possible and appropriate.
 2274         (c) Services are provided to protect children and prevent
 2275  their removal from their home.
 2276         (d) Children have permanency and stability in their living
 2277  arrangements.
 2278         (e) Family relationships and connections are preserved for
 2279  children.
 2280         (f) Families have enhanced capacity to provide for their
 2281  children’s needs.
 2282         (g) Children receive appropriate services to meet their
 2283  educational needs.
 2284         (h) Children receive adequate services to meet their
 2285  physical and mental health needs.
 2286         (i) Children develop the capacity for independent living
 2287  and competence as an adult.
 2288         (3) DEFINITIONS.—As used in this part, except as otherwise
 2289  provided, the term:
 2290         (a) “Care” means services of any kind which are designed to
 2291  facilitate a child remaining safely in his or her own home,
 2292  returning safely to his or her own home if he or she is removed
 2293  from the home, or obtaining an alternative permanent home if he
 2294  or she cannot remain at home or be returned home. The term
 2295  includes, but is not be limited to, prevention, diversion, and
 2296  related services.
 2297         (b) “Child” or “children” has the same meaning as provided
 2298  in s. 39.01.
 2299         (c) “Community alliance” or “alliance” means the group of
 2300  stakeholders, community leaders, client representatives, and
 2301  funders of human services established pursuant to s. 20.19(5) to
 2302  provide a focal point for community participation and oversight
 2303  of community-based services.
 2304         (d) “Community-based care lead agency” or “lead agency”
 2305  means a single entity with which the department has a contract
 2306  for the provision of care for children in the child protection
 2307  and child welfare system in a community that is no smaller than
 2308  a county and no larger than two contiguous judicial circuits.
 2309  The secretary of the department may authorize more than one
 2310  eligible lead agency within a single county if doing so will
 2311  result in more effective delivery of services to children.
 2312         (e) “Related services” includes, but is not limited to,
 2313  family preservation, independent living, emergency shelter,
 2314  residential group care, foster care, therapeutic foster care,
 2315  intensive residential treatment, foster care supervision, case
 2316  management, coordination of mental health services,
 2317  postplacement supervision, permanent foster care, and family
 2318  reunification.
 2319         Section 29. Section 409.987, Florida Statutes, is created
 2320  to read:
 2321         409.987 Lead agency procurement.—
 2322         (1) Community-based care lead agencies shall be procured by
 2323  the department through a competitive process as required under
 2324  chapter 287.
 2325         (2) The department shall produce a schedule for the
 2326  procurement of community-based care lead agencies and provide
 2327  the schedule to the community alliances established pursuant to
 2328  s. 409.998 and post the schedule on the department’s website.
 2329         (3) Notwithstanding s. 287.057, the department shall use 5
 2330  year contracts with lead agencies.
 2331         (4) In order to serve as a lead agency, an entity must:
 2332         (a) Be organized as a Florida corporation or a governmental
 2333  entity.
 2334         (b) Be governed by a board of directors or a board
 2335  committee composed of board members. The membership of the board
 2336  of directors or board committee must be described in the bylaws
 2337  or articles of incorporation of each lead agency, which must
 2338  provide that at least 75 percent of the membership of the board
 2339  of directors or board committee must consist of persons residing
 2340  in this state, and at least 51 percent of the state residents on
 2341  the board of directors must reside within the service area of
 2342  the lead agency. However, for procurements of lead agency
 2343  contracts initiated on or after July 1, 2014:
 2344         1. At least 75 percent of the membership of the board of
 2345  directors must consist of persons residing in this state, and at
 2346  least 51 percent of the membership of the board of directors
 2347  must consist of persons residing within the service area of the
 2348  lead agency. If a board committee governs the lead agency, 100
 2349  percent of its membership must consist of persons residing
 2350  within the service area of the lead agency.
 2351         2. The powers of the board of directors or board committee
 2352  include, are not limited to, approving the lead agency’s budget
 2353  and setting the lead agency’s operational policy and procedures.
 2354  A board of directors must additionally have the power to hire
 2355  the lead agency’s executive director, unless a board committee
 2356  governs the lead agency, in which case the board committee must
 2357  have the power to confirm the selection of the lead agency’s
 2358  executive director.
 2359         (c) Demonstrate financial responsibility through an
 2360  organized plan for regular fiscal audits and the posting of a
 2361  performance bond.
 2362         (5) The department’s procurement team procuring any lead
 2363  agencies’ contracts must include individuals from the community
 2364  alliance in the area to be served under the contract. All
 2365  meetings at which vendors make presentations to or negotiate
 2366  with the procurement team shall be held in the area to be served
 2367  by the contract.
 2368         (6)Upon award and execution of a contract between the
 2369  department and a lead agency, the parties shall enter into a
 2370  letter of engagement that the department will provide legal
 2371  representation to the lead agency or its subcontractors for the
 2372  preparation and presentation of dependency court proceedings.
 2373  The department may not charge the lead agency for such legal
 2374  representation.
 2375         Section 30. Section 409.988, Florida Statutes, is created
 2376  to read:
 2377         409.988 Lead agency duties; general provisions.—
 2378         (1) DUTIES.—A lead agency:
 2379         (a) Shall serve all children referred as a result of a
 2380  report of abuse, neglect, or abandonment to the department’s
 2381  central abuse hotline, including, but not limited to, children
 2382  who are the subject of verified reports and children who are not
 2383  the subject of verified reports but who are at moderate to
 2384  extremely high risk of abuse, neglect, or abandonment, as
 2385  determined using the department’s risk assessment instrument,
 2386  regardless of the level of funding allocated to the lead agency
 2387  by the state if all related funding is transferred. The lead
 2388  agency may also serve children who have not been the subject of
 2389  reports of abuse, neglect, or abandonment, but who are at risk
 2390  of abuse, neglect, or abandonment, to prevent their entry into
 2391  the child protection and child welfare system.
 2392         (b) Shall provide accurate and timely information necessary
 2393  for oversight by the department pursuant to the child welfare
 2394  results-oriented accountability system required by s. 409.997.
 2395         (c) Shall follow the financial guidelines developed by the
 2396  department and provide for a regular independent auditing of its
 2397  financial activities. Such financial information shall be
 2398  provided to the community alliance established under s. 409.998.
 2399         (d) Shall post on its website the current budget for the
 2400  lead agency, including the salaries, bonuses, and other
 2401  compensation paid, by position, for the agency’s chief executive
 2402  officer, chief financial officer, chief operating officer, or
 2403  their equivalents.
 2404         (e) Shall prepare all judicial reviews, case plans, and
 2405  other reports necessary for court hearings for dependent
 2406  children, except those related to the investigation of a
 2407  referral from the department’s child abuse hotline, and shall
 2408  submit these documents timely to the department’s attorneys for
 2409  review, any necessary revision, and filing with the court. The
 2410  lead agency shall make the necessary staff available to
 2411  department attorneys for preparation for dependency proceedings,
 2412  and shall provide testimony and other evidence required for
 2413  dependency court proceedings in coordination with the
 2414  department’s attorneys. This duty does not include the
 2415  preparation of legal pleadings or other legal documents, which
 2416  remain the responsibility of the department.
 2417         (f) Shall ensure that all individuals providing care for
 2418  dependent children receive appropriate training and meet the
 2419  minimum employment standards established by the department.
 2420         (g) Shall maintain eligibility to receive all available
 2421  federal child welfare funds.
 2422         (h) Shall maintain written agreements with Healthy Families
 2423  Florida lead entities in its service area pursuant to s. 409.153
 2424  to promote cooperative planning for the provision of prevention
 2425  and intervention services.
 2426         (i) Shall comply with federal and state statutory
 2427  requirements and agency rules in the provision of contractual
 2428  services.
 2429         (j) May subcontract for the provision of services required
 2430  by the contract with the lead agency and the department;
 2431  however, the subcontracts must specify how the provider will
 2432  contribute to the lead agency meeting the performance standards
 2433  established pursuant to the child welfare results-oriented
 2434  accountability system required by s. 409.997. The lead agency
 2435  shall directly provide no more than 35 percent of all child
 2436  welfare services provided.
 2437         (k) Shall post on its website by the 15th day of each month
 2438  at a minimum the information contained in subparagraphs 1.-4.
 2439  for the preceding calendar month regarding its case management
 2440  services. The following information shall be reported by each
 2441  individual subcontracted case management provider, by the lead
 2442  agency, if the lead agency provides case management services,
 2443  and in total for all case management services subcontracted or
 2444  directly provided by the lead agency:
 2445         1. The average caseload of case managers, including only
 2446  filled positions;
 2447         2. The turnover rate for case managers and case management
 2448  supervisors for the previous 12 months;
 2449         3. The percentage of required home visits completed; and
 2450         4. Performance on outcome measures required pursuant to s.
 2451  409.997 for the previous 12 months.
 2452         (2) LICENSURE.—
 2453         (a) A lead agency must be licensed as a child-caring or
 2454  child-placing agency by the department under this chapter.
 2455         (b) Each foster home, therapeutic foster home, emergency
 2456  shelter, or other placement facility operated by the lead agency
 2457  must be licensed by the department under chapter 402 or this
 2458  chapter.
 2459         (c) Substitute care providers who are licensed under s.
 2460  409.175 and who have contracted with a lead agency are also
 2461  authorized to provide registered or licensed family day care
 2462  under s. 402.313 if such care is consistent with federal law and
 2463  if the home has met the requirements of s. 402.313.
 2464         (d) In order to eliminate or reduce the number of duplicate
 2465  inspections by various program offices, the department shall
 2466  coordinate inspections required for licensure of agencies under
 2467  this subsection.
 2468         (e) The department may adopt rules to administer this
 2469  subsection.
 2470         (3) SERVICES.—A lead agency must serve dependent children
 2471  through services that are supported by research or are best
 2472  child welfare practices. The agency may also provide innovative
 2473  services, including, but not limited to, family-centered,
 2474  cognitive-behavioral, trauma-informed interventions designed to
 2475  mitigate out-of-home placements.
 2477         (a) If a lead agency or other provider has accepted case
 2478  management responsibilities for a child who is sheltered or
 2479  found to be dependent and who is assigned to the care of the
 2480  lead agency or other provider, the agency or provider may act as
 2481  the child’s guardian for the purpose of registering the child in
 2482  school if a parent or guardian of the child is unavailable and
 2483  his or her whereabouts cannot reasonably be ascertained.
 2484         (b) The lead agency or other provider may also seek
 2485  emergency medical attention for the child, but only if a parent
 2486  or guardian of the child is unavailable, the parent or
 2487  guardian’s whereabouts cannot reasonably be ascertained, and a
 2488  court order for such emergency medical services cannot be
 2489  obtained because of the severity of the emergency or because it
 2490  is after normal working hours.
 2491         (c) A lead agency or other provider may not consent to
 2492  sterilization, abortion, or termination of life support.
 2493         (d) If a child’s parents’ rights have been terminated, the
 2494  lead agency shall act as guardian of the child in all
 2495  circumstances.
 2496         Section 31. Section 409.990, Florida Statutes, is created
 2497  to read:
 2498         409.990 Funding for lead agencies.—A contract established
 2499  between the department and a lead agency must be funded by a
 2500  grant of general revenue, other applicable state funds, or
 2501  applicable federal funding sources.
 2502         (1) The method of payment for a fixed-price contract with a
 2503  lead agency must provide for a 2-month advance payment at the
 2504  beginning of each fiscal year and equal monthly payments
 2505  thereafter.
 2506         (2) Notwithstanding s. 215.425, all documented federal
 2507  funds earned for the current fiscal year by the department and
 2508  lead agencies which exceed the amount appropriated by the
 2509  Legislature shall be distributed to all entities that
 2510  contributed to the excess earnings based on a schedule and
 2511  methodology developed by the department and approved by the
 2512  Executive Office of the Governor.
 2513         (a) Distribution shall be pro rata, based on total
 2514  earnings, and shall be made only to those entities that
 2515  contributed to excess earnings.
 2516         (b) Excess earnings of lead agencies shall be used only in
 2517  the service district in which they were earned.
 2518         (c) Additional state funds appropriated by the Legislature
 2519  for lead agencies or made available pursuant to the budgetary
 2520  amendment process described in s. 216.177 shall be transferred
 2521  to the lead agencies.
 2522         (d) The department shall amend a lead agency’s contract to
 2523  permit expenditure of the funds.
 2524         (3) Notwithstanding any other provision of this section,
 2525  the amount of the annual contract for a lead agency may be
 2526  increased by excess federal funds earned in accordance with s.
 2527  216.181(11).
 2528         (4) Each contract with a lead agency shall provide for the
 2529  payment by the department to the lead agency of a reasonable
 2530  administrative cost in addition to funding for the provision of
 2531  services.
 2532         (5) A lead agency may carry forward documented unexpended
 2533  state funds from one fiscal year to the next; however, the
 2534  cumulative amount carried forward may not exceed 8 percent of
 2535  the total contract. Any unexpended state funds in excess of that
 2536  percentage must be returned to the department.
 2537         (a) The funds carried forward may not be used in any way
 2538  that would create increased recurring future obligations, and
 2539  such funds may not be used for any type of program or service
 2540  that is not currently authorized by the existing contract with
 2541  the department.
 2542         (b) Expenditures of funds carried forward must be
 2543  separately reported to the department.
 2544         (c) Any unexpended funds that remain at the end of the
 2545  contract period shall be returned to the department.
 2546         (d) Funds carried forward may be retained through any
 2547  contract renewals and any new procurements as long as the same
 2548  lead agency is retained by the department.
 2549         (6) It is the intent of the Legislature to improve services
 2550  and local participation in community-based care initiatives by
 2551  fostering community support and providing enhanced prevention
 2552  and in-home services, thereby reducing the risk otherwise faced
 2553  by lead agencies. A community partnership matching grant program
 2554  is established and shall be operated by the department to
 2555  encourage local participation in community-based care for
 2556  children in the child welfare system. A children’s services
 2557  council or another local entity that makes a financial
 2558  commitment to a community-based care lead agency may be eligible
 2559  for a matching grant. The total amount of the local contribution
 2560  may be matched on a one-to-one basis up to a maximum annual
 2561  amount of $500,000 per lead agency. Awarded matching grant funds
 2562  may be used for any prevention or in-home services that can be
 2563  reasonably expected to reduce the number of children entering
 2564  the child welfare system. Funding available for the matching
 2565  grant program is subject to legislative appropriation of
 2566  nonrecurring funds provided for this purpose.
 2567         (7)(a) The department, in consultation with the Florida
 2568  Coalition for Children, Inc., shall develop and implement a
 2569  community-based care risk pool initiative to mitigate the
 2570  financial risk to eligible lead agencies. This initiative must
 2571  include:
 2572         1. A risk pool application and protocol developed by the
 2573  department which outlines submission criteria, including, but
 2574  not limited to, financial and program management, descriptive
 2575  data requirements, and timeframes for submission of
 2576  applications. Requests for funding from risk pool applicants
 2577  must be based on relevant and verifiable service trends and
 2578  changes that have occurred during the current fiscal year. The
 2579  application must confirm that expenditure of approved risk pool
 2580  funds by the lead agency will be completed within the current
 2581  fiscal year.
 2582         2. A risk pool peer review committee, appointed by the
 2583  secretary and consisting of department staff and representatives
 2584  from at least three nonapplicant lead agencies, which reviews
 2585  and assesses all risk pool applications. Upon completion of each
 2586  application review, the peer review committee shall report its
 2587  findings and recommendations to the secretary, providing, at a
 2588  minimum, the following information:
 2589         a. Justification for the specific funding amount required
 2590  by the risk pool applicant based on the current year’s service
 2591  trend data, including validation that the applicant’s financial
 2592  need was caused by circumstances beyond the control of the lead
 2593  agency management;
 2594         b. Verification that the proposed use of risk pool funds
 2595  meets at least one of the purposes specified in paragraph (c);
 2596  and
 2597         c. Evidence of technical assistance provided in an effort
 2598  to avoid the need to access the risk pool and recommendations
 2599  for technical assistance to the lead agency to ensure that risk
 2600  pool funds are expended effectively and that the agency’s need
 2601  for future risk pool funding is diminished.
 2602         (b) Upon approval by the secretary of a risk pool
 2603  application, the department may request funds from the risk pool
 2604  in accordance with s. 216.181(6)(a).
 2605         (c) The purposes for which the community-based care risk
 2606  pool shall be used include:
 2607         1. Significant changes in the number or composition of
 2608  clients eligible to receive services.
 2609         2. Significant changes in the services that are eligible
 2610  for reimbursement.
 2611         3. Continuity of care in the event of failure,
 2612  discontinuance of service, or financial misconduct by a lead
 2613  agency.
 2614         4. Significant changes in the mix of available funds.
 2615         (d) The department may also request in its annual
 2616  legislative budget request, and the Governor may recommend, that
 2617  the funding necessary to effect paragraph (c) be appropriated to
 2618  the department. In addition, the department may request the
 2619  allocation of funds from the community-based care risk pool in
 2620  accordance with s. 216.181(6)(a). Funds from the pool may be
 2621  used to match available federal dollars.
 2622         1. Such funds shall constitute partial security for
 2623  contract performance by lead agencies and shall be used to
 2624  offset the need for a performance bond.
 2625         2. The department may separately require a bond to mitigate
 2626  the financial consequences of potential acts of malfeasance or
 2627  misfeasance or criminal violations by the service provider.
 2628         Section 32. Section 409.16713, Florida Statutes, is
 2629  transferred, renumbered as section 409.991, Florida Statutes,
 2630  and paragraph (a) of subsection (1) of that section is amended
 2631  to read:
 2632         409.991 409.16713 Allocation of funds for community-based
 2633  care lead agencies.—
 2634         (1) As used in this section, the term:
 2635         (a) “Core services funding” means all funds allocated to
 2636  community-based care lead agencies operating under contract with
 2637  the department pursuant to s. 409.987 s. 409.1671, with the
 2638  following exceptions:
 2639         1. Funds appropriated for independent living;
 2640         2. Funds appropriated for maintenance adoption subsidies;
 2641         3. Funds allocated by the department for protective
 2642  investigations training;
 2643         4. Nonrecurring funds;
 2644         5. Designated mental health wrap-around services funds; and
 2645         6. Funds for special projects for a designated community
 2646  based care lead agency.
 2647         Section 33. Section 409.992, Florida Statutes, is created
 2648  to read:
 2649         409.992 Lead agency expenditures.—
 2650         (1) The procurement of commodities or contractual services
 2651  by lead agencies shall be governed by the financial guidelines
 2652  developed by the department and must comply with applicable
 2653  state and federal law and follow good business practices.
 2654  Pursuant to s. 11.45, the Auditor General may provide technical
 2655  advice in the development of the financial guidelines.
 2656         (2) Notwithstanding any other provision of law, a
 2657  community-based care lead agency may make expenditures for staff
 2658  cellular telephone allowances, contracts requiring deferred
 2659  payments and maintenance agreements, security deposits for
 2660  office leases, related agency professional membership dues other
 2661  than personal professional membership dues, promotional
 2662  materials, and grant writing services. Expenditures for food and
 2663  refreshments, other than those provided to clients in the care
 2664  of the agency or to foster parents, adoptive parents, and
 2665  caseworkers during training sessions, are not allowable.
 2666         (3) A lead community-based care agency and its
 2667  subcontractors are exempt from state travel policies as provided
 2668  in s. 112.061(3)(a) for their travel expenses incurred in order
 2669  to comply with the requirements of this section.
 2670         Section 34. Section 409.993, Florida Statutes, is created
 2671  to read:
 2672         409.993 Lead agencies and subcontractor liability.—
 2673         (1) FINDINGS.—
 2674         (a) The Legislature finds that the state has traditionally
 2675  provided foster care services to children who are the
 2676  responsibility of the state. As such, foster children have not
 2677  had the right to recover for injuries beyond the limitations
 2678  specified in s. 768.28. The Legislature has determined that
 2679  foster care and related services should be outsourced pursuant
 2680  to this section and that the provision of such services is of
 2681  paramount importance to the state. The purpose of such
 2682  outsourcing is to increase the level of safety, security, and
 2683  stability of children who are or become the responsibility of
 2684  the state. One of the components necessary to secure a safe and
 2685  stable environment for such children is the requirement that
 2686  private providers maintain liability insurance. As such,
 2687  insurance needs to be available and remain available to
 2688  nongovernmental foster care and related services providers
 2689  without the resources of such providers being significantly
 2690  reduced by the cost of maintaining such insurance.
 2691         (b) The Legislature further finds that, by requiring the
 2692  following minimum levels of insurance, children in outsourced
 2693  foster care and related services will gain increased protection
 2694  and rights of recovery in the event of injury than currently
 2695  provided in s. 768.28.
 2696         (2) LEAD AGENCY LIABILITY.—
 2697         (a) Other than an entity to which s. 768.28 applies, an
 2698  eligible community-based care lead agency, or its employees or
 2699  officers, except as otherwise provided in paragraph (b), shall,
 2700  as a part of its contract, obtain general liability insurance
 2701  coverage sufficient to pay any successful tort action up to the
 2702  liability caps established in this subsection. In a tort action
 2703  brought against such an eligible community-based care lead
 2704  agency or employee, net economic damages shall be limited to $2
 2705  million per liability claim and $200,000 per automobile claim,
 2706  including, but not limited to, past and future medical expenses,
 2707  wage loss, and loss of earning capacity, offset by any
 2708  collateral source payment paid or payable. In any tort action
 2709  brought against such an eligible community-based care lead
 2710  agency, noneconomic damages shall be limited to $400,000 per
 2711  claim. A claims bill may be brought on behalf of a claimant
 2712  pursuant to s. 768.28 for any amount exceeding the limits
 2713  specified in this paragraph. Any offset of collateral source
 2714  payments made as of the date of the settlement or judgment shall
 2715  be in accordance with s. 768.76. The community-based care lead
 2716  agency is not liable in tort for the acts or omissions of its
 2717  subcontractors or the officers, agents, or employees of its
 2718  subcontractors.
 2719         (b) The liability of an eligible community-based care lead
 2720  agency described in this section shall be exclusive and in place
 2721  of all other liability of such lead agency. The same immunities
 2722  from liability enjoyed by such lead agencies shall extend to
 2723  each employee of the lead agency if he or she is acting in
 2724  furtherance of the lead agency’s business, including the
 2725  transportation of clients served, as described in this
 2726  subsection, in privately owned vehicles. Such immunities are not
 2727  applicable to a lead agency or an employee who acts in a
 2728  culpably negligent manner or with willful and wanton disregard
 2729  or unprovoked physical aggression if such acts result in injury
 2730  or death or such acts proximately cause such injury or death.
 2731  Such immunities are not applicable to employees of the same lead
 2732  agency when each is operating in the furtherance of the agency’s
 2733  business, but they are assigned primarily to unrelated work
 2734  within private or public employment. The same immunity
 2735  provisions enjoyed by a lead agency also apply to any sole
 2736  proprietor, partner, corporate officer or director, supervisor,
 2737  or other person who, in the course and scope of his or her
 2738  duties, acts in a managerial or policymaking capacity and the
 2739  conduct that caused the alleged injury arose within the course
 2740  and scope of those managerial or policymaking duties. As used in
 2741  this subsection and subsection (3), the term “culpably negligent
 2742  manner” means reckless indifference or grossly careless
 2743  disregard of human life.
 2745         (a) A subcontractor of an eligible community-based care
 2746  lead agency that is a direct provider of foster care and related
 2747  services to children and families, and its employees or
 2748  officers, except as otherwise provided in paragraph (b), must,
 2749  as a part of its contract, obtain general liability insurance
 2750  coverage sufficient to pay any successful tort action up to the
 2751  liability caps established in this subsection. In a tort action
 2752  brought against such subcontractor or employee, net economic
 2753  damages shall be limited to $2 million per liability claim and
 2754  $200,000 per automobile claim, including, but not limited to,
 2755  past and future medical expenses, wage loss, and loss of earning
 2756  capacity, offset by any collateral source payment paid or
 2757  payable. In a tort action brought against such subcontractor,
 2758  noneconomic damages shall be limited to $400,000 per claim. A
 2759  claims bill may be brought on behalf of a claimant pursuant to
 2760  s. 768.28 for any amount exceeding the limits specified in this
 2761  paragraph. Any offset of collateral source payments made as of
 2762  the date of the settlement or judgment shall be in accordance
 2763  with s. 768.76.
 2764         (b) The liability of a subcontractor of an eligible
 2765  community-based care lead agency that is a direct provider of
 2766  foster care and related services as described in this section is
 2767  exclusive and in place of all other liability of such provider.
 2768  The same immunities from liability enjoyed by such subcontractor
 2769  provider extend to each employee of the subcontractor when such
 2770  employee is acting in furtherance of the subcontractor’s
 2771  business, including the transportation of clients served, as
 2772  described in this subsection, in privately owned vehicles. Such
 2773  immunities are not applicable to a subcontractor or an employee
 2774  who acts in a culpably negligent manner or with willful and
 2775  wanton disregard or unprovoked physical aggression if such acts
 2776  result in injury or death or if such acts proximately cause such
 2777  injury or death. Such immunities are not applicable to employees
 2778  of the same subcontractor who are operating in the furtherance
 2779  of the subcontractor’s business but are assigned primarily to
 2780  unrelated works within private or public employment. The same
 2781  immunity provisions enjoyed by a subcontractor also apply to any
 2782  sole proprietor, partner, corporate officer or director,
 2783  supervisor, or other person who, in the course and scope of his
 2784  or her duties, acts in a managerial or policymaking capacity and
 2785  the conduct that caused the alleged injury arose within the
 2786  course and scope of those managerial or policymaking duties.
 2787         (4) LIMITATIONS ON DAMAGES.—The Legislature is cognizant of
 2788  the increasing costs of goods and services each year and
 2789  recognizes that fixing a set amount of compensation has the
 2790  effect of a reduction in compensation each year. Accordingly,
 2791  the conditional limitations on damages in this section shall be
 2792  increased at the rate of 5 percent each year, prorated from July
 2793  1, 2014, to the date at which damages subject to such
 2794  limitations are awarded by final judgment or settlement.
 2795         Section 35. Section 409.1675, Florida Statutes, is
 2796  transferred, renumbered as section 409.994, Florida Statutes,
 2797  and amended to read:
 2798         409.994 409.1675Lead Community-based care lead agencies
 2799  providers; receivership.—
 2800         (1) The Department of Children and Families Family Services
 2801  may petition a court of competent jurisdiction for the
 2802  appointment of a receiver for a lead community-based care lead
 2803  agency provider established pursuant to s. 409.987 if s.
 2804  409.1671 when any of the following conditions exist:
 2805         (a) The lead agency community-based provider is operating
 2806  without a license as a child-placing agency.
 2807         (b) The lead agency community-based provider has given less
 2808  than 120 days’ notice of its intent to cease operations, and
 2809  arrangements have not been made for another lead agency
 2810  community-based provider or for the department to continue the
 2811  uninterrupted provision of services.
 2812         (c) The department determines that conditions exist in the
 2813  lead agency community-based provider which present an imminent
 2814  danger to the health, safety, or welfare of the dependent
 2815  children under that agency’s provider’s care or supervision.
 2816  Whenever possible, the department shall make a reasonable effort
 2817  to facilitate the continued operation of the program.
 2818         (d) The lead agency community-based provider cannot meet
 2819  its current financial obligations to its employees, contractors,
 2820  or foster parents. Issuance of bad checks or the existence of
 2821  delinquent obligations for payment of salaries, utilities, or
 2822  invoices for essential services or commodities shall constitute
 2823  prima facie evidence that the lead agency community-based
 2824  provider lacks the financial ability to meet its financial
 2825  obligations.
 2826         (2)(a) The petition for receivership shall take precedence
 2827  over other court business unless the court determines that some
 2828  other pending proceeding, having statutory precedence, has
 2829  priority.
 2830         (b) A hearing shall be conducted within 5 days after the
 2831  filing of the petition, at which time interested parties shall
 2832  have the opportunity to present evidence as to whether a
 2833  receiver should be appointed. The department shall give
 2834  reasonable notice of the hearing on the petition to the lead
 2835  agency community-based provider.
 2836         (c) The court shall grant the petition upon finding that
 2837  one or more of the conditions in subsection (1) exists and the
 2838  continued existence of the condition or conditions jeopardizes
 2839  the health, safety, or welfare of dependent children. A receiver
 2840  may be appointed ex parte when the court determines that one or
 2841  more of the conditions in subsection (1) exists. After such
 2842  finding, the court may appoint any person, including an employee
 2843  of the department who is qualified by education, training, or
 2844  experience to carry out the duties of the receiver pursuant to
 2845  this section, except that the court may shall not appoint any
 2846  member of the governing board or any officer of the lead agency
 2847  community-based provider. The receiver may be selected from a
 2848  list of persons qualified to act as receivers which is developed
 2849  by the department and presented to the court with each petition
 2850  of receivership.
 2851         (d) A receiver may be appointed for up to 90 days, and the
 2852  department may petition the court for additional 30-day
 2853  extensions. Sixty days after appointment of a receiver and every
 2854  30 days thereafter until the receivership is terminated, the
 2855  department shall submit to the court an assessment of the lead
 2856  agency’s community-based provider’s ability to ensure the
 2857  health, safety, and welfare of the dependent children under its
 2858  supervision.
 2859         (3) The receiver shall take such steps as are reasonably
 2860  necessary to ensure the continued health, safety, and welfare of
 2861  the dependent children under the supervision of the lead agency
 2862  community-based provider and shall exercise those powers and
 2863  perform those duties set out by the court, including, but not
 2864  limited to:
 2865         (a) Taking such action as is reasonably necessary to
 2866  protect or conserve the assets or property of the lead agency
 2867  community-based provider. The receiver may use the assets and
 2868  property and any proceeds from any transfer thereof only in the
 2869  performance of the powers and duties provided set forth in this
 2870  section and by order of the court.
 2871         (b) Using the assets of the lead agency community-based
 2872  provider in the provision of care and services to dependent
 2873  children.
 2874         (c) Entering into contracts and hiring agents and employees
 2875  to carry out the powers and duties of the receiver under this
 2876  section.
 2877         (d) Having full power to direct, manage, hire, and
 2878  discharge employees of the lead agency community-based provider.
 2879  The receiver shall hire and pay new employees at the rate of
 2880  compensation, including benefits, approved by the court.
 2881         (e) Honoring all leases, mortgages, and contractual
 2882  obligations of the lead agency community-based provider, but
 2883  only to the extent of payments that become due during the period
 2884  of the receivership.
 2885         (4)(a) The receiver shall deposit funds received in a
 2886  separate account and shall use this account for all
 2887  disbursements.
 2888         (b) A payment to the receiver of any sum owing to the lead
 2889  agency community-based provider shall discharge any obligation
 2890  to the provider to the extent of the payment.
 2891         (5) A receiver may petition the court for temporary relief
 2892  from obligations entered into by the lead agency community-based
 2893  provider if the rent, price, or rate of interest required to be
 2894  paid under the agreement was substantially in excess of a
 2895  reasonable rent, price, or rate of interest at the time the
 2896  contract was entered into, or if any material provision of the
 2897  agreement was unreasonable when compared to contracts negotiated
 2898  under similar conditions. Any relief in this form provided by
 2899  the court shall be limited to the life of the receivership,
 2900  unless otherwise determined by the court.
 2901         (6) The court shall set the compensation of the receiver,
 2902  which shall be considered a necessary expense of a receivership
 2903  and may grant to the receiver such other authority necessary to
 2904  ensure the health, safety, and welfare of the children served.
 2905         (7) A receiver may be held liable in a personal capacity
 2906  only for the receiver’s own gross negligence, intentional acts,
 2907  or breaches of fiduciary duty. This section may shall not be
 2908  interpreted to be a waiver of sovereign immunity should the
 2909  department be appointed receiver.
 2910         (8) If the receiver is not the department, the court may
 2911  require a receiver to post a bond to ensure the faithful
 2912  performance of these duties.
 2913         (9) The court may terminate a receivership when:
 2914         (a) The court determines that the receivership is no longer
 2915  necessary because the conditions that gave rise to the
 2916  receivership no longer exist; or
 2917         (b) The department has entered into a contract with a new
 2918  lead agency community-based provider pursuant to s. 409.987 s.
 2919  409.1671, and that contractor is ready and able to assume the
 2920  duties of the previous lead agency provider.
 2921         (10) Within 30 days after the termination, unless this time
 2922  period is extended by the court, the receiver shall give the
 2923  court a complete accounting of all property of which the
 2924  receiver has taken possession, of all funds collected and
 2925  disbursed, and of the expenses of the receivership.
 2926         (11) Nothing in This section does not shall be construed to
 2927  relieve any employee of the lead agency community-based provider
 2928  placed in receivership of any civil or criminal liability
 2929  incurred, or any duty imposed by law, by reason of acts or
 2930  omissions of the employee before prior to the appointment of a
 2931  receiver, and; nor shall anything contained in this section does
 2932  not be construed to suspend during the receivership any
 2933  obligation of the employee for payment of taxes or other
 2934  operating or maintenance expenses of the lead agency community
 2935  based provider or for the payment of mortgages or liens. The
 2936  lead agency community-based provider shall retain the right to
 2937  sell or mortgage any facility under receivership, subject to the
 2938  prior approval of the court that ordered the receivership.
 2939         Section 36. Section 409.996, Florida Statutes, is created
 2940  to read:
 2941         409.996 Duties of the Department of Children and Families.
 2942  The department shall contract for the delivery, administration,
 2943  or management of care for children in the child protection and
 2944  child welfare system. In doing so, the department retains
 2945  responsibility for the quality of contracted services and
 2946  programs and shall ensure that services are delivered in
 2947  accordance with applicable federal and state statutes and
 2948  regulations.
 2949         (1) The department shall enter into contracts with lead
 2950  agencies for the performance of the duties by the lead agencies
 2951  pursuant to s. 409.988. At a minimum, the contracts must:
 2952         (a) Provide for the services needed to accomplish the
 2953  duties established in s. 409.988 and provide information to the
 2954  department which is necessary to meet the requirements for a
 2955  quality assurance program pursuant to subsection (18) and the
 2956  child welfare results-oriented accountability system pursuant to
 2957  s. 409.997.
 2958         (b) Provide for graduated penalties for failure to comply
 2959  with contract terms. Such penalties may include financial
 2960  penalties, enhanced monitoring and reporting, corrective action
 2961  plans, and early termination of contracts or other appropriate
 2962  action to ensure contract compliance.
 2963         (c) Ensure that the lead agency shall furnish current and
 2964  accurate information on its activities in all cases in client
 2965  case records in the state’s statewide automated child welfare
 2966  information system.
 2967         (d) Specify the procedures to be used by the parties to
 2968  resolve differences in interpreting the contract or to resolve
 2969  disputes as to the adequacy of the parties’ compliance with
 2970  their respective obligations under the contract.
 2971         (2) The department must adopt written policies and
 2972  procedures for monitoring the contract for delivery of services
 2973  by lead agencies which must be posted on the department’s
 2974  website. These policies and procedures must, at a minimum,
 2975  address the evaluation of fiscal accountability and program
 2976  operations, including provider achievement of performance
 2977  standards, provider monitoring of subcontractors, and timely
 2978  followup of corrective actions for significant monitoring
 2979  findings related to providers and subcontractors. These policies
 2980  and procedures must also include provisions for reducing the
 2981  duplication of the department’s program monitoring activities
 2982  both internally and with other agencies, to the extent possible.
 2983  The department’s written procedures must ensure that the written
 2984  findings, conclusions, and recommendations from monitoring the
 2985  contract for services of lead agencies are communicated to the
 2986  director of the provider agency and the community alliance as
 2987  expeditiously as possible.
 2988         (3) The department shall receive federal and state funds as
 2989  appropriated for the operation of the child welfare system and
 2990  shall transmit these funds to the lead agencies as agreed to in
 2991  the contract. The department retains responsibility for the
 2992  appropriate spending of these funds. The department shall
 2993  monitor lead agencies to assess compliance with the financial
 2994  guidelines established pursuant to s. 409.992 and other
 2995  applicable state and federal laws.
 2996         (4) The department shall provide technical assistance and
 2997  consultation to lead agencies in the provision of care to
 2998  children in the child protection and child welfare system.
 2999         (5) The department retains the responsibility for the
 3000  review, approval or denial, and issuances of all foster home
 3001  licenses.
 3002         (6) The department shall process all applications submitted
 3003  by lead agencies for the Interstate Compact on the Placement of
 3004  Children and the Interstate Compact on Adoption and Medical
 3005  Assistance.
 3006         (7) The department shall assist lead agencies with access
 3007  to and coordination with other service programs within the
 3008  department.
 3009         (8) The department shall determine Medicaid eligibility for
 3010  all referred children and shall coordinate services with the
 3011  Agency for Health Care Administration.
 3012         (9) The department shall develop, in cooperation with the
 3013  lead agencies and the third-party credentialing entity approved
 3014  pursuant to s. 402.40(3), a standardized competency-based
 3015  curriculum for certification training for child protection
 3016  staff.
 3017         (10) The department shall maintain the statewide adoptions
 3018  website and provide information and training to the lead
 3019  agencies relating to the website.
 3020         (11) The department shall provide training and assistance
 3021  to lead agencies regarding the responsibility of lead agencies
 3022  relating to children receiving supplemental security income,
 3023  social security, railroad retirement, or veterans’ benefits.
 3024         (12) With the assistance of a lead agency, the department
 3025  shall develop and implement statewide and local interagency
 3026  agreements needed to coordinate services for children and
 3027  parents involved in the child welfare system who are also
 3028  involved with the Agency for Persons with Disabilities, the
 3029  Department of Juvenile Justice, the Department of Education, the
 3030  Department of Health, and other governmental organizations that
 3031  share responsibilities for children or parents in the child
 3032  welfare system.
 3033         (13) With the assistance of a lead agency, the department
 3034  shall develop and implement a working agreement between the lead
 3035  agency and the substance abuse and mental health managing entity
 3036  to integrate services and supports for children and parents
 3037  serviced in the child welfare system.
 3038         (14) The department shall work with the Agency for Health
 3039  Care Administration to provide each Medicaid-eligible child with
 3040  early and periodic screening, diagnosis, and treatment,
 3041  including 72-hour screening, periodic child health checkups, and
 3042  prescribed followup for ordered services, including, but not
 3043  limited to, medical, dental, and vision care.
 3044         (15) The department shall assist lead agencies in
 3045  developing an array of services in compliance with the Title IV
 3046  E waiver and shall monitor the provision of such services.
 3047         (16) The department shall provide a mechanism to allow lead
 3048  agencies to request a waiver of department policies and
 3049  procedures that create inefficiencies or inhibit the performance
 3050  of the lead agency’s duties.
 3051         (17) The department shall directly or through contract
 3052  provide attorneys to prepare and present cases in dependency
 3053  court and shall ensure that the court is provided with adequate
 3054  information for informed decisionmaking in dependency cases,
 3055  including a fact sheet for each case which lists the names and
 3056  contact information for any child protective investigator, child
 3057  protective investigation supervisor, case manager, and case
 3058  manager supervisor, and the regional department official
 3059  responsible for the lead agency contract. For the Sixth Judicial
 3060  Circuit, the department shall contract with the state attorney
 3061  for the provision of these services.
 3062         (18) The department, in consultation with lead agencies,
 3063  shall establish a quality assurance program for contracted
 3064  services to dependent children. The quality assurance program
 3065  shall be based on standards established by federal and state law
 3066  and national accrediting organizations.
 3067         (a) The department must evaluate each lead agency under
 3068  contract at least annually. These evaluations shall cover the
 3069  programmatic, operational, and fiscal operations of the lead
 3070  agency and must be consistent with the child welfare results
 3071  oriented accountability system required by s. 409.997. The
 3072  department must consult with dependency judges in the circuit or
 3073  circuits served by the lead agency on the performance of the
 3074  lead agency.
 3075         (b) The department and each lead agency shall monitor out
 3076  of-home placements, including the extent to which sibling groups
 3077  are placed together or provisions to provide visitation and
 3078  other contacts if siblings are separated. The data shall
 3079  identify reasons for sibling separation. Information related to
 3080  sibling placement shall be incorporated into the results
 3081  oriented accountability system required pursuant to s. 409.997
 3082  and in the evaluation of the outcome specified in s.
 3083  409.986(2)(e). The information related to sibling placement
 3084  shall also be made available to the institute established
 3085  pursuant s. 1004.615 for use in assessing the performance of
 3086  child welfare services in relation to the outcome specified in
 3087  s. 409.986(2)(e).
 3088         (c)The department shall, to the extent possible, use
 3089  independent financial audits provided by the lead agency to
 3090  eliminate or reduce the ongoing contract and administrative
 3091  reviews conducted by the department. If the department
 3092  determines that such independent financial audits are
 3093  inadequate, other audits, as necessary, may be conducted by the
 3094  department. This paragraph does not abrogate the requirements of
 3095  s. 215.97.
 3096         (d) The department may suggest additional items to be
 3097  included in such independent financial audits to meet the
 3098  department’s needs.
 3099         (e) The department may outsource programmatic,
 3100  administrative, or fiscal monitoring oversight of lead agencies.
 3101         (f) A lead agency must assure that all subcontractors are
 3102  subject to the same quality assurance activities as the lead
 3103  agency.
 3104         (19) The department and its attorneys have the
 3105  responsibility to ensure that the court is fully informed about
 3106  issues before it, to make recommendations to the court, and to
 3107  present competent evidence, including testimony by the
 3108  department’s employees, contractors, and subcontractors, as well
 3109  as other individuals, to support all recommendations made to the
 3110  court. The department’s attorneys shall coordinate lead agency
 3111  or subcontractor staff to ensure that dependency cases are
 3112  presented appropriately to the court, giving deference to the
 3113  information developed by the case manager and direction to the
 3114  case manager if more information is needed.
 3115         (20) The department, in consultation with lead agencies,
 3116  shall develop a dispute resolution process so that disagreements
 3117  between legal staff, investigators, and case management staff
 3118  can be resolved in the best interest of the child in question
 3119  before court appearances regarding that child.
 3120         Section 37. Section 409.997, Florida Statutes, is created
 3121  to read:
 3122         409.997 Child welfare results-oriented accountability
 3123  system.—
 3124         (1) The department and its contract providers, including
 3125  lead agencies, community-based care providers, and other
 3126  community partners participating in the state’s child protection
 3127  and child welfare system, share the responsibility for achieving
 3128  the outcome goals specified in s. 409.986(2).
 3129         (2) In order to assess the achievement of the outcome goals
 3130  specified in s. 409.986(2), the department shall maintain a
 3131  comprehensive, results-oriented accountability system that
 3132  monitors the use of resources, the quality and amount of
 3133  services provided, and child and family outcomes through data
 3134  analysis, research review, evaluation, and quality improvement.
 3135  The system shall provide information about individual entities’
 3136  performance as well as the performance of groups of entities
 3137  working together as an integrated system of care on a local,
 3138  regional, and statewide basis. In maintaining the accountability
 3139  system, the department shall:
 3140         (a) Identify valid and reliable outcome measures for each
 3141  of the goals specified in this subsection. The outcome data set
 3142  must consist of a limited number of understandable measures
 3143  using available data to quantify outcomes as children move
 3144  through the system of care. Such measures may aggregate multiple
 3145  variables that affect the overall achievement of the outcome
 3146  goals. Valid and reliable measures must be based on adequate
 3147  sample sizes, be gathered over suitable time periods, and
 3148  reflect authentic rather than spurious results, and may not be
 3149  susceptible to manipulation.
 3150         (b) Implement a monitoring system to track the identified
 3151  outcome measures on a statewide, regional, and provider-specific
 3152  basis. The monitoring system must identify trends and chart
 3153  progress toward achievement of the goals specified s.
 3154  409.986(2). The requirements of the monitoring system may be
 3155  incorporated into the quality assurance program required under
 3156  s. 409.996(18).
 3157         (c) Develop and maintain an analytical system that builds
 3158  on the outcomes monitoring system to assess the statistical
 3159  validity of observed associations between child welfare
 3160  interventions and the measured outcomes. The analysis must use
 3161  quantitative methods to adjust for variations in demographic or
 3162  other conditions. The analysis must include longitudinal studies
 3163  to evaluate longer-term outcomes such as continued safety,
 3164  family permanence, and transition to self-sufficiency. The
 3165  analysis may also include qualitative research methods to
 3166  provide insight into statistical patterns.
 3167         (d) Develop and maintain a program of research review to
 3168  identify interventions that are supported by evidence as
 3169  causally linked to improved outcomes.
 3170         (e) Support an ongoing process of evaluation to determine
 3171  the efficacy and effectiveness of various interventions.
 3172  Efficacy evaluation is intended to determine the validity of a
 3173  causal relationship between an intervention and an outcome.
 3174  Effectiveness evaluation is intended to determine the extent to
 3175  which the results can be generalized.
 3176         (f) Develop and maintain an inclusive, interactive, and
 3177  evidence-supported program of quality improvement which promotes
 3178  individual skill building as well as organizational learning.
 3179         (g) Develop and implement a method for making the results
 3180  of the accountability system transparent for all parties
 3181  involved in the child welfare system as well as policymakers and
 3182  the public. The presentation of the results shall provide a
 3183  comprehensible, visual report card for the state and each
 3184  community-based care region, indicating the current status
 3185  relative to each goal and trends in that status over time. The
 3186  presentation shall identify and report outcome measures that
 3187  assess the performance of the department, the community-based
 3188  care lead agency, and the lead agency’s subcontractors working
 3189  together as an integrated system of care.
 3190         (3) The department shall establish a technical advisory
 3191  panel consisting of representatives from the Florida Institute
 3192  for Child Welfare established in s. 1004.615, lead agencies,
 3193  community-based care providers, other contract providers,
 3194  community alliances, and family representatives. The President
 3195  of the Senate and the Speaker of the House of Representatives
 3196  shall each appoint a member to serve as a legislative liaison to
 3197  the panel. The technical advisory panel shall advise the
 3198  department on meeting the requirements of this section.
 3199         (4) The accountability system may not rank or compare
 3200  performance among community-based care regions unless adequate
 3201  and specific adjustments are adopted that account for the
 3202  diversity in regions’ demographics, resources, and other
 3203  relevant characteristics.
 3204         (5) The results of the accountability system must provide
 3205  the basis for performance incentives if funds for such payments
 3206  are made available through the General Appropriations Act.
 3207         (6) At least quarterly, the department shall make the
 3208  results of the accountability system available to the public
 3209  through publication on its website. The website must allow for
 3210  custom searches of the performance data.
 3211         (7) By October 1 of each year, the department shall submit
 3212  a report on the statewide and individual community-based care
 3213  lead agency results for child protection and child welfare
 3214  systems. The department shall use the accountability system and
 3215  consult with the community alliance and the chief judge or
 3216  judges in the community-based care service area to prepare the
 3217  report. The report shall be submitted to the Governor, the
 3218  President of the Senate, and the Speaker of the House of
 3219  Representatives.
 3220         Section 38. Section 409.998, Florida Statutes, is created
 3221  to read:
 3222         409.998 Community-based care; assessment by community
 3223  alliances.—To provide independent, community-focused assessment
 3224  of child protection and child welfare services and the local
 3225  system of community-based care, community alliances created in
 3226  s. 20.19(5) shall, with the assistance of the department,
 3227  perform the following duties:
 3228         (1) Conduct a needs assessment and establish community
 3229  priorities for child protection and child welfare services.
 3230         (2) Review the performance of the department, the sheriff’s
 3231  office, if the office provides child protective services, and
 3232  the lead agency individually and as an integrated system of
 3233  care, and advise the department, the sheriff’s office, if
 3234  applicable, and the lead agency regarding concerns and suggested
 3235  areas of improvement.
 3236         (3) Recommend a competitive procurement for the lead agency
 3237  if programmatic or financial performance is poor. The community
 3238  alliance shall make recommendations on the development of the
 3239  procurement document for such competitive procurement and may
 3240  suggest specific requirements relating to local needs and
 3241  services.
 3242         (4) Recommend a contract extension for the lead agency if
 3243  programmatic and financial performance is superior.
 3244         (5) In partnership with the Florida Institute for Child
 3245  Welfare established in s. 1004.615, develop recommendations and
 3246  submit such recommendations to the department and the community
 3247  based care lead agency to improve child protection and child
 3248  welfare policies and practices.
 3249         (6) Promote greater community involvement in community
 3250  based care through participation in community-based care lead
 3251  agency services and activities, recruitment and retention of
 3252  community volunteers, and public awareness efforts.
 3253         Section 39. Section 827.10, Florida Statutes, is created to
 3254  read:
 3255         827.10 Unlawful desertion of a child.—
 3256         (1) As used in this section, the term:
 3257         (a) “Care” means support and services necessary to maintain
 3258  the child’s physical and mental health, including, but not
 3259  limited to, food, nutrition, clothing, shelter, supervision,
 3260  medicine, and medical services that a prudent person would
 3261  consider essential for the well-being of the child.
 3262         (b) “Caregiver” has the same meaning as provided in s.
 3263  39.01.
 3264         (c) “Child” means a child for whose care the caregiver is
 3265  legally responsible.
 3266         (d) “Desertion” or “deserts” means to leave a child in a
 3267  place or with a person other than a relative with the intent not
 3268  to return to the child and with the intent not to provide for
 3269  the care of the child.
 3270         (e) “Relative” has the same meaning as provided in s.
 3271  39.01.
 3272         (2) A caregiver who deserts a child under circumstances in
 3273  which the caregiver knew or should have known that the desertion
 3274  exposes the child to unreasonable risk of harm commits a felony
 3275  of the third degree, punishable as provided in s. 775.082, s.
 3276  775.083, or s. 775.084.
 3277         (3) This section does not apply to a person who surrenders
 3278  a newborn infant in compliance with s. 383.50.
 3279         (4) This section does not preclude prosecution for a
 3280  criminal act under any other law, including, but not limited to,
 3281  prosecution of child abuse or neglect of a child under s.
 3282  827.03.
 3283         Section 40. Paragraph (d) of subsection (4) of section
 3284  985.04, Florida Statutes, is amended to read:
 3285         985.04 Oaths; records; confidential information.—
 3286         (4)
 3287         (d) The department shall disclose to the school
 3288  superintendent the presence of any child in the care and custody
 3289  or under the jurisdiction or supervision of the department who
 3290  has a known history of criminal sexual behavior with other
 3291  juveniles; is an alleged to have committed juvenile sexual abuse
 3292  offender, as defined in s. 39.01; or has pled guilty or nolo
 3293  contendere to, or has been found to have committed, a violation
 3294  of chapter 794, chapter 796, chapter 800, s. 827.071, or s.
 3295  847.0133, regardless of adjudication. Any employee of a district
 3296  school board who knowingly and willfully discloses such
 3297  information to an unauthorized person commits a misdemeanor of
 3298  the second degree, punishable as provided in s. 775.082 or s.
 3299  775.083.
 3300         Section 41. Section 1004.615, Florida Statutes, is created
 3301  to read:
 3302         1004.615 Florida Institute for Child Welfare.—
 3303         (1) There is established the Florida Institute for Child
 3304  Welfare within the Florida State University College of Social
 3305  Work. The purpose of the institute is to advance the well-being
 3306  of children and families by improving the performance of child
 3307  protection and child welfare services through research, policy
 3308  analysis, evaluation, and leadership development. The institute
 3309  shall consist of a consortium of public and private universities
 3310  offering degrees in social work and shall be housed within the
 3311  Florida State University College of Social Work.
 3312         (2) Using such resources as authorized in the General
 3313  Appropriations Act, the Department of Children and Families
 3314  shall contract with the institute for performance of the duties
 3315  described in subsection (4) using state appropriations, public
 3316  and private grants, and other resources obtained by the
 3317  institute.
 3318         (3) The institute shall work with the department, sheriffs
 3319  providing child protective investigative services, community
 3320  based care lead agencies, community-based care provider
 3321  organizations, the court system, the Department of Juvenile
 3322  Justice, the federally recognized statewide association for
 3323  Florida’s certified domestic violence centers, and other
 3324  partners who contribute to and participate in providing child
 3325  protection and child welfare services.
 3326         (4) The institute shall:
 3327         (a) Maintain a program of research which contributes to
 3328  scientific knowledge and informs both policy and practice
 3329  related to child safety, permanency, and child and family well
 3330  being.
 3331         (b) Advise the department and other organizations
 3332  participating in the child protection and child welfare system
 3333  regarding scientific evidence on policy and practice related to
 3334  child safety, permanency, and child and family well-being.
 3335         (c) Provide advice regarding management practices and
 3336  administrative processes used by the department and other
 3337  organizations participating in the child protection and child
 3338  welfare system and recommend improvements that reduce
 3339  burdensome, ineffective requirements for frontline staff and
 3340  their supervisors while enhancing their ability to effectively
 3341  investigate, analyze, problem solve, and supervise.
 3342         (d) Assess the performance of child protection and child
 3343  welfare services based on specific outcome measures.
 3344         (e) Evaluate the scope and effectiveness of preservice and
 3345  inservice training for child protection and child welfare
 3346  employees and advise and assist the department in efforts to
 3347  improve such training.
 3348         (f) Assess the readiness of social work graduates to assume
 3349  job responsibilities in the child protection and child welfare
 3350  system and identify gaps in education which can be addressed
 3351  through the modification of curricula or the establishment of
 3352  industry certifications.
 3353         (g) Develop and maintain a program of professional support
 3354  including training courses and consulting services that assist
 3355  both individuals and organizations in implementing adaptive and
 3356  resilient responses to workplace stress.
 3357         (h) Participate in the department’s critical incident
 3358  response team, assist in the preparation of reports about such
 3359  incidents, and support the committee review of reports and
 3360  development of recommendations.
 3361         (i) Identify effective policies and promising practices,
 3362  including, but not limited to, innovations in coordination
 3363  between entities participating in the child protection and child
 3364  welfare system, data analytics, working with the local
 3365  community, and management of human service organizations, and
 3366  communicate these findings to the department and other
 3367  organizations participating in the child protection and child
 3368  welfare system.
 3369         (j) Develop a definition of a child or family at high risk
 3370  of abuse or neglect. Such a definition must consider
 3371  characteristics associated with a greater probability of abuse
 3372  and neglect.
 3373         (5) The President of the Florida State University shall
 3374  appoint a director of the institute. The director must be a
 3375  child welfare professional with a degree in social work who
 3376  holds a faculty appointment in the Florida State University
 3377  College of Social Work. The institute shall be administered by
 3378  the director, and the director’s office shall be located at the
 3379  Florida State University. The director is responsible for
 3380  overall management of the institute and for developing and
 3381  executing the work of the institute consistent with the
 3382  responsibilities in subsection (4). The director shall engage
 3383  individuals in other state universities with accredited colleges
 3384  of social work to participate in the institute. Individuals from
 3385  other university programs relevant to the institute’s work,
 3386  including, but not limited to, economics, management, law,
 3387  medicine, and education, may also be invited by the director to
 3388  contribute to the institute. The universities participating in
 3389  the institute shall provide facilities, staff, and other
 3390  resources to the institute to establish statewide access to
 3391  institute programs and services.
 3392         (6) By October 1 of each year, the institute shall provide
 3393  a written report to the Governor, the President of the Senate,
 3394  and the Speaker of the House of Representatives which outlines
 3395  its activities in the preceding year, reports significant
 3396  research findings, as well as results of other programs, and
 3397  provides specific recommendations for improving child protection
 3398  and child welfare services.
 3399         (a) The institute shall include an evaluation of the
 3400  results of the educational and training requirements for child
 3401  protection and child welfare personnel established under this
 3402  act and recommendations for application of the results to child
 3403  protection personnel employed by sheriff’s offices providing
 3404  child protection services in its report due October 1, 2017.
 3405         (b) The institute shall include an evaluation of the
 3406  effects of the other provisions of this act and recommendations
 3407  for improvements in child protection and child welfare services
 3408  in its report due October 1, 2018.
 3409         (7)The institute shall submit a report with
 3410  recommendations for improving the state’s child welfare system.
 3411  The report shall address topics including, but not limited to,
 3412  enhancing working relationships between the entities involved in
 3413  the child protection and child welfare system, identification of
 3414  and replication of best practices, reducing paperwork,
 3415  increasing the retention of child protective investigators and
 3416  case managers, and caring for medically complex children within
 3417  the child welfare system, with the goal of allowing the child to
 3418  remain in the least restrictive and most nurturing environment.
 3419  The institute shall submit an interim report by February 1,
 3420  2015, and final report by November 1, 2015, to the Governor, the
 3421  President of the Senate, and the Speaker of the House of
 3422  Representatives.
 3423         Section 42. Paragraph (h) is added to subsection (1) of
 3424  section 1009.25, Florida Statutes, to read:
 3425         1009.25 Fee exemptions.—
 3426         (1) The following students are exempt from the payment of
 3427  tuition and fees, including lab fees, at a school district that
 3428  provides workforce education programs, Florida College System
 3429  institution, or state university:
 3430         (h) Pursuant to s. 402.403, child protection and child
 3431  welfare personnel as defined in s. 402.402 who are enrolled in
 3432  an accredited bachelor’s degree or master’s degree in social
 3433  work program or completing coursework required pursuant to s.
 3434  402.402(2), provided that the student attains at least a grade
 3435  of “B” in all courses for which tuition and fees are exempted.
 3436         Section 43. Section 402.401, Florida Statutes, is repealed.
 3437         Section 44. Section 409.1671, Florida Statutes, is
 3438  repealed.
 3439         Section 45. Section 409.16715, Florida Statutes, is
 3440  repealed.
 3441         Section 46. Section 409.16745, Florida Statutes, is
 3442  repealed.
 3443         Section 47. Section 1004.61, Florida Statutes, is repealed.
 3444         Section 48. Paragraph (g) of subsection (1) of section
 3445  39.201, Florida Statutes, is amended to read:
 3446         39.201 Mandatory reports of child abuse, abandonment, or
 3447  neglect; mandatory reports of death; central abuse hotline.—
 3448         (1)
 3449         (g) Nothing in this chapter or in the contracting with
 3450  community-based care providers for foster care and related
 3451  services as specified in s. 409.987 s. 409.1671 shall be
 3452  construed to remove or reduce the duty and responsibility of any
 3453  person, including any employee of the community-based care
 3454  provider, to report a suspected or actual case of child abuse,
 3455  abandonment, or neglect or the sexual abuse of a child to the
 3456  department’s central abuse hotline.
 3457         Section 49. Subsection (1) of section 39.302, Florida
 3458  Statutes, is amended to read:
 3459         39.302 Protective investigations of institutional child
 3460  abuse, abandonment, or neglect.—
 3461         (1) The department shall conduct a child protective
 3462  investigation of each report of institutional child abuse,
 3463  abandonment, or neglect. Upon receipt of a report that alleges
 3464  that an employee or agent of the department, or any other entity
 3465  or person covered by s. 39.01(32) s. 39.01(33) or (47), acting
 3466  in an official capacity, has committed an act of child abuse,
 3467  abandonment, or neglect, the department shall initiate a child
 3468  protective investigation within the timeframe established under
 3469  s. 39.201(5) and notify the appropriate state attorney, law
 3470  enforcement agency, and licensing agency, which shall
 3471  immediately conduct a joint investigation, unless independent
 3472  investigations are more feasible. When conducting investigations
 3473  or having face-to-face interviews with the child, investigation
 3474  visits shall be unannounced unless it is determined by the
 3475  department or its agent that unannounced visits threaten the
 3476  safety of the child. If a facility is exempt from licensing, the
 3477  department shall inform the owner or operator of the facility of
 3478  the report. Each agency conducting a joint investigation is
 3479  entitled to full access to the information gathered by the
 3480  department in the course of the investigation. A protective
 3481  investigation must include an interview with the child’s parent
 3482  or legal guardian. The department shall make a full written
 3483  report to the state attorney within 3 working days after making
 3484  the oral report. A criminal investigation shall be coordinated,
 3485  whenever possible, with the child protective investigation of
 3486  the department. Any interested person who has information
 3487  regarding the offenses described in this subsection may forward
 3488  a statement to the state attorney as to whether prosecution is
 3489  warranted and appropriate. Within 15 days after the completion
 3490  of the investigation, the state attorney shall report the
 3491  findings to the department and shall include in the report a
 3492  determination of whether or not prosecution is justified and
 3493  appropriate in view of the circumstances of the specific case.
 3494         Section 50. Subsection (1) of section 39.524, Florida
 3495  Statutes, is amended to read:
 3496         39.524 Safe-harbor placement.—
 3497         (1) Except as provided in s. 39.407 or s. 985.801, a
 3498  dependent child 6 years of age or older who has been found to be
 3499  a victim of sexual exploitation as defined in s. 39.01(68)(g) s.
 3500  39.01(67)(g) must be assessed for placement in a safe house as
 3501  provided in s. 409.1678. The assessment shall be conducted by
 3502  the department or its agent and shall incorporate and address
 3503  current and historical information from any law enforcement
 3504  reports; psychological testing or evaluation that has occurred;
 3505  current and historical information from the guardian ad litem,
 3506  if one has been assigned; current and historical information
 3507  from any current therapist, teacher, or other professional who
 3508  has knowledge of the child and has worked with the child; and
 3509  any other information concerning the availability and
 3510  suitability of safe-house placement. If such placement is
 3511  determined to be appropriate as a result of this assessment, the
 3512  child may be placed in a safe house, if one is available. As
 3513  used in this section, the term “available” as it relates to a
 3514  placement means a placement that is located within the circuit
 3515  or otherwise reasonably accessible.
 3516         Section 51. Subsection (6) of section 316.613, Florida
 3517  Statutes, is amended to read:
 3518         316.613 Child restraint requirements.—
 3519         (6) The child restraint requirements imposed by this
 3520  section do not apply to a chauffeur-driven taxi, limousine,
 3521  sedan, van, bus, motor coach, or other passenger vehicle if the
 3522  operator and the motor vehicle are hired and used for the
 3523  transportation of persons for compensation. It is the obligation
 3524  and responsibility of the parent, guardian, or other person
 3525  responsible for a child’s welfare, as defined in s. 39.01(47),
 3526  to comply with the requirements of this section.
 3527         Section 52. Subsections (1), (3), and (5) of section
 3528  409.1676, Florida Statutes, are amended to read:
 3529         409.1676 Comprehensive residential group care services to
 3530  children who have extraordinary needs.—
 3531         (1) It is the intent of the Legislature to provide
 3532  comprehensive residential group care services, including
 3533  residential care, case management, and other services, to
 3534  children in the child protection system who have extraordinary
 3535  needs. These services are to be provided in a residential group
 3536  care setting by a not-for-profit corporation or a local
 3537  government entity under a contract with the Department of
 3538  Children and Families Family Services or by a lead agency as
 3539  described in s. 409.987 s. 409.1671. These contracts should be
 3540  designed to provide an identified number of children with access
 3541  to a full array of services for a fixed price. Further, it is
 3542  the intent of the Legislature that the Department of Children
 3543  and Families Family Services and the Department of Juvenile
 3544  Justice establish an interagency agreement by December 1, 2002,
 3545  which describes respective agency responsibilities for referral,
 3546  placement, service provision, and service coordination for
 3547  dependent and delinquent youth who are referred to these
 3548  residential group care facilities. The agreement must require
 3549  interagency collaboration in the development of terms,
 3550  conditions, and performance outcomes for residential group care
 3551  contracts serving the youth referred who have been adjudicated
 3552  both dependent and delinquent.
 3553         (3) The department, in accordance with a specific
 3554  appropriation for this program, shall contract with a not-for
 3555  profit corporation, a local government entity, or the lead
 3556  agency that has been established in accordance with s. 409.987
 3557  s. 409.1671 for the performance of residential group care
 3558  services described in this section. A lead agency that is
 3559  currently providing residential care may provide this service
 3560  directly with the approval of the local community alliance. The
 3561  department or a lead agency may contract for more than one site
 3562  in a county if that is determined to be the most effective way
 3563  to achieve the goals set forth in this section.
 3564         (5) The department may transfer all casework
 3565  responsibilities for children served under this program to the
 3566  entity that provides this service, including case management and
 3567  development and implementation of a case plan in accordance with
 3568  current standards for child protection services. When the
 3569  department establishes this program in a community that has a
 3570  lead agency as described in s. 409.987 s. 409.1671, the casework
 3571  responsibilities must be transferred to the lead agency.
 3572         Section 53. Subsection (2) of section 409.1677, Florida
 3573  Statutes, is amended to read:
 3574         409.1677 Model comprehensive residential services
 3575  programs.—
 3576         (2) The department shall establish a model comprehensive
 3577  residential services program in Manatee and Miami-Dade Counties
 3578  through a contract with the designated lead agency established
 3579  in accordance with s. 409.987 s. 409.1671 or with a private
 3580  entity capable of providing residential group care and home
 3581  based care and experienced in the delivery of a range of
 3582  services to foster children, if no lead agency exists. These
 3583  model programs are to serve that portion of eligible children
 3584  within each county which is specified in the contract, based on
 3585  funds appropriated, to include a full array of services for a
 3586  fixed price. The private entity or lead agency is responsible
 3587  for all programmatic functions necessary to carry out the intent
 3588  of this section.
 3589         Section 54. Paragraph (d) of subsection (1) of section
 3590  409.1678, Florida Statutes, is amended to read:
 3591         409.1678 Safe harbor for children who are victims of sexual
 3592  exploitation.—
 3593         (1) As used in this section, the term:
 3594         (d) “Sexually exploited child” means a dependent child who
 3595  has suffered sexual exploitation as defined in s. 39.01(68)(g)
 3596  s. 39.01(67)(g) and is ineligible for relief and benefits under
 3597  the federal Trafficking Victims Protection Act, 22 U.S.C. ss.
 3598  7101 et seq.
 3599         Section 55. Subsection (24) of section 409.906, Florida
 3600  Statutes, is amended to read:
 3601         409.906 Optional Medicaid services.—Subject to specific
 3602  appropriations, the agency may make payments for services which
 3603  are optional to the state under Title XIX of the Social Security
 3604  Act and are furnished by Medicaid providers to recipients who
 3605  are determined to be eligible on the dates on which the services
 3606  were provided. Any optional service that is provided shall be
 3607  provided only when medically necessary and in accordance with
 3608  state and federal law. Optional services rendered by providers
 3609  in mobile units to Medicaid recipients may be restricted or
 3610  prohibited by the agency. Nothing in this section shall be
 3611  construed to prevent or limit the agency from adjusting fees,
 3612  reimbursement rates, lengths of stay, number of visits, or
 3613  number of services, or making any other adjustments necessary to
 3614  comply with the availability of moneys and any limitations or
 3615  directions provided for in the General Appropriations Act or
 3616  chapter 216. If necessary to safeguard the state’s systems of
 3617  providing services to elderly and disabled persons and subject
 3618  to the notice and review provisions of s. 216.177, the Governor
 3619  may direct the Agency for Health Care Administration to amend
 3620  the Medicaid state plan to delete the optional Medicaid service
 3621  known as “Intermediate Care Facilities for the Developmentally
 3622  Disabled.” Optional services may include:
 3623         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 3624  Health Care Administration, in consultation with the Department
 3625  of Children and Families Family Services, may establish a
 3626  targeted case-management project in those counties identified by
 3627  the Department of Children and Families Family Services and for
 3628  all counties with a community-based child welfare project, as
 3629  authorized under s. 409.987 s. 409.1671, which have been
 3630  specifically approved by the department. The covered group of
 3631  individuals who are eligible to receive targeted case management
 3632  include children who are eligible for Medicaid; who are between
 3633  the ages of birth through 21; and who are under protective
 3634  supervision or postplacement supervision, under foster-care
 3635  supervision, or in shelter care or foster care. The number of
 3636  individuals who are eligible to receive targeted case management
 3637  is limited to the number for whom the Department of Children and
 3638  Families Family Services has matching funds to cover the costs.
 3639  The general revenue funds required to match the funds for
 3640  services provided by the community-based child welfare projects
 3641  are limited to funds available for services described under s.
 3642  409.990 s. 409.1671. The Department of Children and Families
 3643  Family Services may transfer the general revenue matching funds
 3644  as billed by the Agency for Health Care Administration.
 3645         Section 56. Paragraph (b) of subsection (4) of section
 3646  409.912, Florida Statutes, is amended to read:
 3647         409.912 Cost-effective purchasing of health care.—The
 3648  agency shall purchase goods and services for Medicaid recipients
 3649  in the most cost-effective manner consistent with the delivery
 3650  of quality medical care. To ensure that medical services are
 3651  effectively utilized, the agency may, in any case, require a
 3652  confirmation or second physician’s opinion of the correct
 3653  diagnosis for purposes of authorizing future services under the
 3654  Medicaid program. This section does not restrict access to
 3655  emergency services or poststabilization care services as defined
 3656  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 3657  shall be rendered in a manner approved by the agency. The agency
 3658  shall maximize the use of prepaid per capita and prepaid
 3659  aggregate fixed-sum basis services when appropriate and other
 3660  alternative service delivery and reimbursement methodologies,
 3661  including competitive bidding pursuant to s. 287.057, designed
 3662  to facilitate the cost-effective purchase of a case-managed
 3663  continuum of care. The agency shall also require providers to
 3664  minimize the exposure of recipients to the need for acute
 3665  inpatient, custodial, and other institutional care and the
 3666  inappropriate or unnecessary use of high-cost services. The
 3667  agency shall contract with a vendor to monitor and evaluate the
 3668  clinical practice patterns of providers in order to identify
 3669  trends that are outside the normal practice patterns of a
 3670  provider’s professional peers or the national guidelines of a
 3671  provider’s professional association. The vendor must be able to
 3672  provide information and counseling to a provider whose practice
 3673  patterns are outside the norms, in consultation with the agency,
 3674  to improve patient care and reduce inappropriate utilization.
 3675  The agency may mandate prior authorization, drug therapy
 3676  management, or disease management participation for certain
 3677  populations of Medicaid beneficiaries, certain drug classes, or
 3678  particular drugs to prevent fraud, abuse, overuse, and possible
 3679  dangerous drug interactions. The Pharmaceutical and Therapeutics
 3680  Committee shall make recommendations to the agency on drugs for
 3681  which prior authorization is required. The agency shall inform
 3682  the Pharmaceutical and Therapeutics Committee of its decisions
 3683  regarding drugs subject to prior authorization. The agency is
 3684  authorized to limit the entities it contracts with or enrolls as
 3685  Medicaid providers by developing a provider network through
 3686  provider credentialing. The agency may competitively bid single
 3687  source-provider contracts if procurement of goods or services
 3688  results in demonstrated cost savings to the state without
 3689  limiting access to care. The agency may limit its network based
 3690  on the assessment of beneficiary access to care, provider
 3691  availability, provider quality standards, time and distance
 3692  standards for access to care, the cultural competence of the
 3693  provider network, demographic characteristics of Medicaid
 3694  beneficiaries, practice and provider-to-beneficiary standards,
 3695  appointment wait times, beneficiary use of services, provider
 3696  turnover, provider profiling, provider licensure history,
 3697  previous program integrity investigations and findings, peer
 3698  review, provider Medicaid policy and billing compliance records,
 3699  clinical and medical record audits, and other factors. Providers
 3700  are not entitled to enrollment in the Medicaid provider network.
 3701  The agency shall determine instances in which allowing Medicaid
 3702  beneficiaries to purchase durable medical equipment and other
 3703  goods is less expensive to the Medicaid program than long-term
 3704  rental of the equipment or goods. The agency may establish rules
 3705  to facilitate purchases in lieu of long-term rentals in order to
 3706  protect against fraud and abuse in the Medicaid program as
 3707  defined in s. 409.913. The agency may seek federal waivers
 3708  necessary to administer these policies.
 3709         (4) The agency may contract with:
 3710         (b) An entity that is providing comprehensive behavioral
 3711  health care services to certain Medicaid recipients through a
 3712  capitated, prepaid arrangement pursuant to the federal waiver
 3713  provided for by s. 409.905(5). Such entity must be licensed
 3714  under chapter 624, chapter 636, or chapter 641, or authorized
 3715  under paragraph (c) or paragraph (d), and must possess the
 3716  clinical systems and operational competence to manage risk and
 3717  provide comprehensive behavioral health care to Medicaid
 3718  recipients. As used in this paragraph, the term “comprehensive
 3719  behavioral health care services” means covered mental health and
 3720  substance abuse treatment services that are available to
 3721  Medicaid recipients. The secretary of the Department of Children
 3722  and Families Family Services shall approve provisions of
 3723  procurements related to children in the department’s care or
 3724  custody before enrolling such children in a prepaid behavioral
 3725  health plan. Any contract awarded under this paragraph must be
 3726  competitively procured. In developing the behavioral health care
 3727  prepaid plan procurement document, the agency shall ensure that
 3728  the procurement document requires the contractor to develop and
 3729  implement a plan to ensure compliance with s. 394.4574 related
 3730  to services provided to residents of licensed assisted living
 3731  facilities that hold a limited mental health license. Except as
 3732  provided in subparagraph 5., and except in counties where the
 3733  Medicaid managed care pilot program is authorized pursuant to s.
 3734  409.91211, the agency shall seek federal approval to contract
 3735  with a single entity meeting these requirements to provide
 3736  comprehensive behavioral health care services to all Medicaid
 3737  recipients not enrolled in a Medicaid managed care plan
 3738  authorized under s. 409.91211, a provider service network
 3739  authorized under paragraph (d), or a Medicaid health maintenance
 3740  organization in an AHCA area. In an AHCA area where the Medicaid
 3741  managed care pilot program is authorized pursuant to s.
 3742  409.91211 in one or more counties, the agency may procure a
 3743  contract with a single entity to serve the remaining counties as
 3744  an AHCA area or the remaining counties may be included with an
 3745  adjacent AHCA area and are subject to this paragraph. Each
 3746  entity must offer a sufficient choice of providers in its
 3747  network to ensure recipient access to care and the opportunity
 3748  to select a provider with whom they are satisfied. The network
 3749  shall include all public mental health hospitals. To ensure
 3750  unimpaired access to behavioral health care services by Medicaid
 3751  recipients, all contracts issued pursuant to this paragraph must
 3752  require 80 percent of the capitation paid to the managed care
 3753  plan, including health maintenance organizations and capitated
 3754  provider service networks, to be expended for the provision of
 3755  behavioral health care services. If the managed care plan
 3756  expends less than 80 percent of the capitation paid for the
 3757  provision of behavioral health care services, the difference
 3758  shall be returned to the agency. The agency shall provide the
 3759  plan with a certification letter indicating the amount of
 3760  capitation paid during each calendar year for behavioral health
 3761  care services pursuant to this section. The agency may reimburse
 3762  for substance abuse treatment services on a fee-for-service
 3763  basis until the agency finds that adequate funds are available
 3764  for capitated, prepaid arrangements.
 3765         1. The agency shall modify the contracts with the entities
 3766  providing comprehensive inpatient and outpatient mental health
 3767  care services to Medicaid recipients in Hillsborough, Highlands,
 3768  Hardee, Manatee, and Polk Counties, to include substance abuse
 3769  treatment services.
 3770         2. Except as provided in subparagraph 5., the agency and
 3771  the Department of Children and Families Family Services shall
 3772  contract with managed care entities in each AHCA area except
 3773  area 6 or arrange to provide comprehensive inpatient and
 3774  outpatient mental health and substance abuse services through
 3775  capitated prepaid arrangements to all Medicaid recipients who
 3776  are eligible to participate in such plans under federal law and
 3777  regulation. In AHCA areas where eligible individuals number less
 3778  than 150,000, the agency shall contract with a single managed
 3779  care plan to provide comprehensive behavioral health services to
 3780  all recipients who are not enrolled in a Medicaid health
 3781  maintenance organization, a provider service network authorized
 3782  under paragraph (d), or a Medicaid capitated managed care plan
 3783  authorized under s. 409.91211. The agency may contract with more
 3784  than one comprehensive behavioral health provider to provide
 3785  care to recipients who are not enrolled in a Medicaid capitated
 3786  managed care plan authorized under s. 409.91211, a provider
 3787  service network authorized under paragraph (d), or a Medicaid
 3788  health maintenance organization in AHCA areas where the eligible
 3789  population exceeds 150,000. In an AHCA area where the Medicaid
 3790  managed care pilot program is authorized pursuant to s.
 3791  409.91211 in one or more counties, the agency may procure a
 3792  contract with a single entity to serve the remaining counties as
 3793  an AHCA area or the remaining counties may be included with an
 3794  adjacent AHCA area and shall be subject to this paragraph.
 3795  Contracts for comprehensive behavioral health providers awarded
 3796  pursuant to this section shall be competitively procured. Both
 3797  for-profit and not-for-profit corporations are eligible to
 3798  compete. Managed care plans contracting with the agency under
 3799  subsection (3) or paragraph (d) shall provide and receive
 3800  payment for the same comprehensive behavioral health benefits as
 3801  provided in AHCA rules, including handbooks incorporated by
 3802  reference. In AHCA area 11, the agency shall contract with at
 3803  least two comprehensive behavioral health care providers to
 3804  provide behavioral health care to recipients in that area who
 3805  are enrolled in, or assigned to, the MediPass program. One of
 3806  the behavioral health care contracts must be with the existing
 3807  provider service network pilot project, as described in
 3808  paragraph (d), for the purpose of demonstrating the cost
 3809  effectiveness of the provision of quality mental health services
 3810  through a public hospital-operated managed care model. Payment
 3811  shall be at an agreed-upon capitated rate to ensure cost
 3812  savings. Of the recipients in area 11 who are assigned to
 3813  MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those
 3814  MediPass-enrolled recipients shall be assigned to the existing
 3815  provider service network in area 11 for their behavioral care.
 3816         3. Children residing in a statewide inpatient psychiatric
 3817  program, or in a Department of Juvenile Justice or a Department
 3818  of Children and Families Family Services residential program
 3819  approved as a Medicaid behavioral health overlay services
 3820  provider may not be included in a behavioral health care prepaid
 3821  health plan or any other Medicaid managed care plan pursuant to
 3822  this paragraph.
 3823         4. Traditional community mental health providers under
 3824  contract with the Department of Children and Families Family
 3825  Services pursuant to part IV of chapter 394, child welfare
 3826  providers under contract with the Department of Children and
 3827  Families Family Services in areas 1 and 6, and inpatient mental
 3828  health providers licensed pursuant to chapter 395 must be
 3829  offered an opportunity to accept or decline a contract to
 3830  participate in any provider network for prepaid behavioral
 3831  health services.
 3832         5. All Medicaid-eligible children, except children in area
 3833  1 and children in Highlands County, Hardee County, Polk County,
 3834  or Manatee County of area 6, which that are open for child
 3835  welfare services in the statewide automated child welfare
 3836  information system, shall receive their behavioral health care
 3837  services through a specialty prepaid plan operated by community
 3838  based lead agencies through a single agency or formal agreements
 3839  among several agencies. The agency shall work with the specialty
 3840  plan to develop clinically effective, evidence-based
 3841  alternatives as a downward substitution for the statewide
 3842  inpatient psychiatric program and similar residential care and
 3843  institutional services. The specialty prepaid plan must result
 3844  in savings to the state comparable to savings achieved in other
 3845  Medicaid managed care and prepaid programs. Such plan must
 3846  provide mechanisms to maximize state and local revenues. The
 3847  specialty prepaid plan shall be developed by the agency and the
 3848  Department of Children and Families Family Services. The agency
 3849  may seek federal waivers to implement this initiative. Medicaid
 3850  eligible children whose cases are open for child welfare
 3851  services in the statewide automated child welfare information
 3852  system and who reside in AHCA area 10 shall be enrolled in a
 3853  capitated provider service network or other capitated managed
 3854  care plan, which, in coordination with available community-based
 3855  care providers specified in s. 409.987 s. 409.1671, shall
 3856  provide sufficient medical, developmental, and behavioral health
 3857  services to meet the needs of these children.
 3859  Effective July 1, 2012, in order to ensure continuity of care,
 3860  the agency is authorized to extend or modify current contracts
 3861  based on current service areas or on a regional basis, as
 3862  determined appropriate by the agency, with comprehensive
 3863  behavioral health care providers as described in this paragraph
 3864  during the period prior to its expiration. This paragraph
 3865  expires October 1, 2014.
 3866         Section 57. Paragraph (dd) of subsection (3) of section
 3867  409.91211, Florida Statutes, is amended to read:
 3868         409.91211 Medicaid managed care pilot program.—
 3869         (3) The agency shall have the following powers, duties, and
 3870  responsibilities with respect to the pilot program:
 3871         (dd) To implement service delivery mechanisms within a
 3872  specialty plan in area 10 to provide behavioral health care
 3873  services to Medicaid-eligible children whose cases are open for
 3874  child welfare services in the HomeSafeNet system. These services
 3875  must be coordinated with community-based care providers as
 3876  specified in s. 409.986 s. 409.1671, where available, and be
 3877  sufficient to meet the developmental, behavioral, and emotional
 3878  needs of these children. Children in area 10 who have an open
 3879  case in the HomeSafeNet system shall be enrolled into the
 3880  specialty plan. These service delivery mechanisms must be
 3881  implemented no later than July 1, 2011, in AHCA area 10 in order
 3882  for the children in AHCA area 10 to remain exempt from the
 3883  statewide plan under s. 409.912(4)(b)5. An administrative fee
 3884  may be paid to the specialty plan for the coordination of
 3885  services based on the receipt of the state share of that fee
 3886  being provided through intergovernmental transfers.
 3887         Section 58. Paragraph (d) of subsection (1) of section
 3888  420.628, Florida Statutes, is amended to read:
 3889         420.628 Affordable housing for children and young adults
 3890  leaving foster care; legislative findings and intent.—
 3891         (1)
 3892         (d) The Legislature intends that the Florida Housing
 3893  Finance Corporation, agencies within the State Housing
 3894  Initiative Partnership Program, local housing finance agencies,
 3895  public housing authorities, and their agents, and other
 3896  providers of affordable housing coordinate with the Department
 3897  of Children and Families Family Services, their agents, and
 3898  community-based care providers who provide services under s.
 3899  409.986 s. 409.1671 to develop and implement strategies and
 3900  procedures designed to make affordable housing available
 3901  whenever and wherever possible to young adults who leave the
 3902  child welfare system.
 3903         Section 59. Subsection (5) of section 960.065, Florida
 3904  Statutes, is amended to read:
 3905         960.065 Eligibility for awards.—
 3906         (5) A person is not ineligible for an award pursuant to
 3907  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 3908  person is a victim of sexual exploitation of a child as defined
 3909  in s. 39.01(68)(g) s. 39.01(67)(g).
 3910         Section 60. This act shall take effect July 1, 2014.
 3912  ================= T I T L E  A M E N D M E N T ================
 3913  And the title is amended as follows:
 3914         Delete everything before the enacting clause
 3915  and insert:
 3916                        A bill to be entitled                      
 3917         An act relating to child welfare; amending s. 20.19,
 3918         F.S.; requiring the Secretary of Children and Families
 3919         to appoint an Assistant Secretary for Child Welfare;
 3920         providing qualifications and responsibilities;
 3921         revising duties, appointment, and membership of
 3922         community alliances; requiring the Department of
 3923         Children and Families to appoint a statewide advisory
 3924         committee to provide specified assistance to community
 3925         alliances; amending s. 39.001, F.S.; revising the
 3926         purposes of ch. 39, F.S.; requiring the department to
 3927         provide for certain services for medically complex
 3928         children; amending s. 39.01, F.S.; providing,
 3929         revising, and deleting definitions; amending s.
 3930         39.013, F.S.; clarifying responsibilities of the
 3931         department in dependency proceedings; amending s.
 3932         39.201, F.S.; requiring alleged incidents of juvenile
 3933         sexual abuse involving specified children to be
 3934         reported to the department’s central abuse hotline;
 3935         requiring the department to provide specified
 3936         information on an investigation of child sexual abuse
 3937         to the court; creating s. 39.2015, F.S.; requiring the
 3938         department to conduct specified investigations using
 3939         critical incident rapid response teams; providing
 3940         requirements for such investigations and for team
 3941         membership; authorizing team access to specified
 3942         information; requiring the cooperation of specified
 3943         agencies and organizations; providing for
 3944         reimbursement of team members; requiring the team to
 3945         provide an investigation report; requiring the
 3946         secretary to develop guidelines for investigations and
 3947         provide team member training; requiring the secretary
 3948         to appoint an advisory committee; requiring the
 3949         committee to submit a report to the secretary;
 3950         requiring the secretary to submit such report to the
 3951         Governor and the Legislature by a specified date;
 3952         creating s. 39.2022, F.S.; providing legislative
 3953         intent; requiring the department to publish specified
 3954         information on its website regarding the death of a
 3955         child reported to the central abuse hotline; amending
 3956         s. 39.301, F.S.; authorizing the use of safety plans
 3957         in child protection investigations in cases of present
 3958         or impending danger; providing requirements for
 3959         implementation of a safety plan; providing conditions
 3960         for filing a petition for dependency; amending s.
 3961         39.303, F.S.; requiring physician involvement when a
 3962         child protection team evaluates a report of medical
 3963         neglect of a medically complex child; creating s.
 3964         39.3068, F.S.; providing requirements for
 3965         investigating medical neglect; providing duties of the
 3966         department; amending s. 39.307, F.S.; requiring the
 3967         department to assist the family, child, and caregiver
 3968         in receiving services upon a report alleging juvenile
 3969         sexual abuse or inappropriate sexual behavior;
 3970         requiring the department to maintain specified
 3971         records; requiring child sexual abuse to be taken into
 3972         account in placement consideration; requiring the
 3973         department to monitor the occurrence of child sexual
 3974         abuse and related services; amending s. 39.402, F.S.;
 3975         requiring the department to make a reasonable effort
 3976         to keep siblings together when they are placed in out
 3977         of-home care under certain circumstances; providing
 3978         for sibling visitation under certain conditions;
 3979         amending s. 39.501, F.S.; requiring compliance with a
 3980         safety plan to be considered when deciding a petition
 3981         for dependency; amending s. 39.5085, F.S.; revising
 3982         legislative intent; authorizing placement of a child
 3983         with a nonrelative caregiver and financial assistance
 3984         for such nonrelative caregiver through the Relative
 3985         Caregiver Program under certain circumstances;
 3986         amending s. 39.604, F.S.; requiring certain children
 3987         to attend a licensed early education or child care
 3988         program; requiring the inclusion of attendance at a
 3989         licensed early education or child care program in a
 3990         child’s safety plan; amending s. 39.701, F.S.;
 3991         requiring the court to consider contact among siblings
 3992         in judicial reviews; authorizing the court to remove
 3993         specified disabilities of nonage at judicial reviews;
 3994         amending s. 39.802, F.S.; removing department
 3995         authorization to sign a petition for termination of
 3996         parental rights; amending s. 63.212, F.S.; requiring a
 3997         person who places an advertisement for adoption
 3998         services to provide specified information; amending s.
 3999         383.402, F.S.; requiring review of all child deaths
 4000         reported to the department’s central abuse hotline;
 4001         revising the due date for a report; amending s.
 4002         402.40, F.S.; requiring a third-party credentialing
 4003         entity to establish an advisory committee; authorizing
 4004         the department to approve certification of
 4005         specializations; creating s. 402.402, F.S.; defining
 4006         terms; providing education and specialized training
 4007         requirements for child protection and child welfare
 4008         personnel; providing training requirements for
 4009         department attorneys; creating s. 402.403, F.S.;
 4010         establishing a tuition exemption program for child
 4011         protective and child welfare personnel; providing
 4012         eligibility requirements; creating s. 402.404, F.S.;
 4013         establishing a student loan forgiveness program for
 4014         child protective investigators and supervisors;
 4015         providing eligibility requirements; authorizing
 4016         community-based care lead agencies to provide student
 4017         loan forgiveness to case managers employed by a
 4018         community-based care lead agency or its subcontractor;
 4019         amending s. 409.165, F.S.; enhancing provision of care
 4020         to medically complex children; amending s. 409.967,
 4021         F.S.; revising standards for Medicaid managed care
 4022         plan accountability with respect to services for
 4023         dependent children; amending s. 409.972, F.S.;
 4024         exempting certain Medicaid recipients from mandatory
 4025         enrollment in managed care plans; providing a
 4026         directive to the Division of Law Revision and
 4027         Information; creating part V of ch. 409, F.S.;
 4028         creating s. 409.986, F.S.; providing legislative
 4029         findings and intent; providing child protection and
 4030         child welfare outcome goals; defining terms; creating
 4031         s. 409.987, F.S.; providing for department procurement
 4032         of community-based care lead agencies; providing
 4033         requirements for contracting as a lead agency;
 4034         creating s. 409.988, F.S.; providing duties of a
 4035         community-based care lead agency; providing licensure
 4036         requirements for a lead agency; specifying services
 4037         provided by a lead agency; providing conditions for an
 4038         agency or provider to act as a child’s guardian;
 4039         creating s. 409.990, F.S.; providing general funding
 4040         provisions for lead agencies; providing for a matching
 4041         grant program and the maximum amount of funds that may
 4042         be awarded; requiring the department to develop and
 4043         implement a community-based care risk pool initiative;
 4044         providing requirements for the risk pool;
 4045         transferring, renumbering, and amending s. 409.16713,
 4046         F.S.; transferring provisions relating to the
 4047         allocation of funds for community-based lead care
 4048         agencies; conforming a cross-reference; creating s.
 4049         409.992, F.S.; providing requirements for community
 4050         based care lead agency expenditures; creating s.
 4051         409.993, F.S.; providing legislative findings;
 4052         providing for lead agency and subcontractor liability;
 4053         providing limitations on damages; transferring,
 4054         renumbering, and amending s. 409.1675, F.S.;
 4055         transferring provisions relating to receivership from
 4056         community-based providers to lead agencies; conforming
 4057         cross-references and terminology; creating s. 409.996,
 4058         F.S.; providing duties of the department relating to
 4059         community-based care and lead agencies; creating s.
 4060         409.997, F.S.; providing outcome goals for the
 4061         department and specified entities with respect to the
 4062         delivery of child welfare services; requiring the
 4063         department to maintain an accountability system;
 4064         requiring the department to establish a technical
 4065         advisory panel; requiring the department to make the
 4066         results of the accountability system public; requiring
 4067         a report to the Governor and the Legislature by a
 4068         specified date; creating s. 409.998, F.S.; providing
 4069         for assessment of community-based care by community
 4070         alliances; creating s. 827.10, F.S.; providing
 4071         definitions; establishing the criminal offense of
 4072         unlawful desertion of a child; providing criminal
 4073         penalties; providing exceptions; amending s. 985.04,
 4074         F.S.; conforming terminology; creating s. 1004.615,
 4075         F.S.; establishing the Florida Institute for Child
 4076         Welfare; providing purpose, duties, and
 4077         responsibilities of the institute; requiring the
 4078         institute to contract and work with specified
 4079         entities; providing for the administration of the
 4080         institute; requiring reports to the Governor and the
 4081         Legislature by specified dates; amending s. 1009.25,
 4082         F.S.; exempting specified child protective
 4083         investigators and child protective investigation
 4084         supervisors from certain tuition and fee requirements;
 4085         repealing s. 402.401, F.S., relating to child welfare
 4086         worker student loan forgiveness; repealing s.
 4087         409.1671, F.S., relating to outsourcing of foster care
 4088         and related services; repealing s. 409.16715, F.S.,
 4089         relating to certain therapy for foster children;
 4090         repealing s. 409.16745, F.S., relating to the
 4091         community partnership matching grant program;
 4092         repealing s. 1004.61, F.S., relating to a partnership
 4093         between the Department of Children and Families and
 4094         state universities; amending ss. 39.201, 39.302,
 4095         39.524, 316.613, 409.1676, 409.1677, 409.1678,
 4096         409.906, 409.912, 409.91211, 420.628, and 960.065,
 4097         F.S.; conforming cross-references; providing an
 4098         effective date.