Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1724
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/08/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 409.1754, Florida Statutes, is created
    6  to read:
    7         409.1754 Sexually exploited children; screening and
    8  assessment; training; case management; task forces.—
    9         (1) SCREENING AND ASSESSMENT.—
   10         (a) The department shall develop or adopt one or more
   11  initial screening and assessment instruments to identify,
   12  determine the needs of, plan services for, and identify
   13  appropriate placement for sexually exploited children. The
   14  department shall consult state and local agencies,
   15  organizations, and individuals involved in the identification
   16  and care of sexually exploited children in developing or
   17  adopting the initial screening and assessment instruments. The
   18  initial screening and assessment instruments must include
   19  assessment of appropriate placement, including whether placement
   20  in a safe foster home is appropriate, and must consider, at a
   21  minimum, the following factors:
   22         1. The risk of the sexually exploited child running away.
   23         2. The risk of the sexually exploited child recruiting
   24  other children into the commercial sex trade.
   25         3. The level of the sexually exploited child’s attachment
   26  to his or her exploiter.
   27         4. The level and type of trauma that the sexually exploited
   28  child has endured.
   29         5. The nature of the sexually exploited child’s
   30  interactions with law enforcement.
   31         6. The length of time that the child was sexually
   32  exploited.
   33         7. The extent of any substance abuse by the sexually
   34  exploited child.
   35         (b) The initial screening and assessment instruments shall
   36  be validated, if possible, and shall be used by the department,
   37  juvenile assessment centers as provided in s. 985.135, and
   38  community-based care lead agencies.
   39         (c) The department shall establish rules specifying the
   40  initial screening and assessment instruments to be used, the
   41  requirements for their use, and the reporting of data collected
   42  through them.
   43         (d) The department, the Department of Juvenile Justice, and
   44  community-based care lead agencies are not precluded from using
   45  additional assessment instruments in the course of serving
   46  sexually exploited children.
   48         (a)1. The department and community-based care lead agencies
   49  shall ensure that cases in which a child is alleged, suspected,
   50  or known to have been sexually exploited are assigned to child
   51  protective investigators and case managers who have specialized
   52  intensive training in handling cases involving a sexually
   53  exploited child. The department and lead agencies shall ensure
   54  that child protective investigators and case managers,
   55  respectively, receive this training before accepting any case
   56  involving a sexually exploited child.
   57         2. The Department of Juvenile Justice shall ensure that
   58  juvenile probation staff or contractors administering the
   59  detention risk assessment instrument receive specialized
   60  intensive training in identifying and serving sexually exploited
   61  children.
   62         (b) The department and community-based care lead agencies
   63  shall conduct regular multidisciplinary staffings for sexually
   64  exploited children to ensure that all relevant information is
   65  known to all parties and that services are coordinated across
   66  systems. The department or community-based care lead agency, as
   67  appropriate, shall coordinate these staffings and invite
   68  individuals involved in the child’s care. This may include, but
   69  is not limited to, the child’s guardian ad litem, juvenile
   70  justice system staff, school district staff, service providers,
   71  and victim advocates.
   72         (c)1. Each region of the department and each community
   73  based care lead agency shall jointly assess local service
   74  capacity to meet the specialized service needs of sexually
   75  exploited children and establish a plan to develop capacity.
   76  Each plan shall be developed in consultation with local law
   77  enforcement officials, local school officials, runaway and
   78  homeless youth program providers, local probation departments,
   79  children’s advocacy centers, public defenders, state attorney’s
   80  offices, and child advocates and services providers who work
   81  directly with sexually exploited children.
   82         2. Each region of the department and each community-based
   83  care lead agency shall establish local protocols and procedures
   84  for working with sexually exploited children which are
   85  responsive to the individual circumstances of each child. The
   86  protocols and procedures shall take into account the varying
   87  types and levels of trauma endured; whether the sexual
   88  exploitation is actively occurring, occurred in the past, or
   89  inactive but likely to reoccur; and the differing community
   90  resources and degrees of familial support that may be available.
   91  Child protective investigators and case managers must use the
   92  protocols and procedures when working with a sexually exploited
   93  child.
   95         (a) The local regional director may, to the extent that
   96  funds are available, provide training to local law enforcement
   97  officials who are likely to encounter sexually exploited
   98  children in the course of their law enforcement duties. Training
   99  shall address the provisions of this section and how to identify
  100  and obtain appropriate services for sexually exploited children.
  101  The local circuit administrator may contract with a not-for
  102  profit agency having experience working with sexually exploited
  103  children to provide the training. Circuits may work
  104  cooperatively to provide training, which may be provided on a
  105  regional basis. The department shall assist circuits to obtain
  106  any available funds for the purposes of conducting law
  107  enforcement training from the Office of Juvenile Justice and
  108  Delinquency Prevention of the United States Department of
  109  Justice.
  110         (b) Circuit administrators or their designees, chief
  111  probation officers of the Department of Juvenile Justice or
  112  their designees, and the chief operating officers of community
  113  based care lead agencies or their designees shall participate in
  114  any task force, committee, council, advisory group, coalition,
  115  or other entity active in their service area for coordinating
  116  responses to address human trafficking or sexual exploitation of
  117  children. If such entity does not exist, the circuit
  118  administrator for the department shall work to initiate one.
  119         Section 2. Section 409.1678, Florida Statutes, is amended
  120  to read:
  121         (Substantial rewording of section. See
  122         s. 409.1678, F.S., for present text).
  123         409.1678 Specialized residential options for children who
  124  are victims of sexual exploitation.—
  125         (1) DEFINITIONS.—As used in this section, the term:
  126         (a) “Safe foster home” means a foster home certified by the
  127  department under this section to care for sexually exploited
  128  children.
  129         (b) “Sexually exploited child” means a child who has
  130  suffered sexual exploitation as defined in s. 39.01(67)(g) and
  131  is ineligible for relief and benefits under the federal
  132  Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  134         (a) Safe foster homes shall provide a safe, separate, and
  135  therapeutic environment tailored to the needs of sexually
  136  exploited children who have endured significant trauma. Safe
  137  foster homes shall use a model of treatment which includes
  138  strength-based and trauma-informed approaches.
  139         (b) The department shall certify safe foster homes. A
  140  residential facility accepting state funds appropriated to
  141  provide services to sexually exploited children or child victims
  142  of sex trafficking must be certified by the department as a safe
  143  foster home. An entity may not use the designation “safe foster
  144  home” and hold itself out as serving sexually exploited children
  145  unless the entity is certified under this section.
  146         (c) To be certified, a safe foster home must hold a license
  147  as a family foster home pursuant to s. 409.175. A safe foster
  148  home must also:
  149         1. Use trauma-informed and strength-based approaches to
  150  care, to the extent possible and appropriate.
  151         2. Serve exclusively one sex.
  152         3. Group sexually exploited children by age or maturity
  153  level.
  154         4. Care for sexually exploited children in a manner that
  155  separates these children from children with other needs. Safe
  156  foster homes may care for other populations if the children who
  157  have not experienced sexual exploitation do not interact with
  158  children who have experienced sexual exploitation.
  159         5. Provide appropriate security through facility design,
  160  hardware, technology, staffing, and siting, including, but not
  161  limited to, external video monitoring or alarmed doors, a high
  162  staff-to-client ratio, or a remote facility location isolated
  163  from major transportation centers and common trafficking areas.
  164  However, such security must allow sexually exploited children to
  165  exit the safe foster home if they choose.
  166         6. Meet other criteria established by the department in
  167  rule, which may include, but are not limited to, personnel
  168  qualifications, staffing ratios, and services content.
  169         (d) Safe foster homes shall provide services tailored to
  170  the needs of sexually exploited children and shall conduct a
  171  comprehensive assessment of the service needs of each resident.
  172  In addition to the services required to be provided by
  173  residential child-caring agencies and family foster homes, safe
  174  foster homes shall provide, arrange for, or coordinate, at a
  175  minimum, the following services:
  176         1. Victim-witness counseling;
  177         2. Family counseling;
  178         3. Behavioral health care;
  179         4. Treatment and intervention for sexual assault;
  180         5. Education tailored to the child’s individual needs,
  181  including remedial education if necessary;
  182         6. Life skills training;
  183         7. Mentoring by a survivor of sexual exploitation, if
  184  available and appropriate for the child;
  185         8. Substance abuse screening and, if necessary, access to
  186  treatment;
  187         9. Planning services for the successful transition of each
  188  child back to the community; and
  189         10. Activities in a manner that provides sexually exploited
  190  children with a full schedule.
  191         (e) The community-based care lead agencies shall ensure
  192  that foster parents of safe foster homes complete intensive
  193  training regarding, at a minimum, the needs of sexually
  194  exploited children, the effects of trauma and sexual
  195  exploitation, and how to address those needs using strength
  196  based and trauma-informed approaches. The department shall
  197  specify this training by rule and may develop or contract for a
  198  standard curriculum. The department may establish in rule
  199  additional criteria for the certification of safe foster homes.
  200  Criteria shall address the security, therapeutic, social,
  201  health, and educational needs of sexually exploited children.
  202         (f) The department shall inspect safe foster homes before
  203  certification and annually to ensure compliance with
  204  requirements of this section. The department may place a
  205  moratorium on referrals and may revoke the certification of a
  206  safe foster home that fails at any time to meet the requirements
  207  of this section or rules adopted pursuant to this section.
  208         (g) The certification period for safe foster homes shall
  209  run concurrently with the terms of their licenses.
  210         (3) SERVICES.—
  211         (a) This section does not prohibit any provider of services
  212  for sexually exploited children from appropriately billing
  213  Medicaid for services rendered, from contracting with a local
  214  school district for educational services, or from obtaining
  215  federal or local funding for services provided, as long as two
  216  or more funding sources do not pay for the same specific service
  217  that has been provided to a child.
  218         (b) The lead agency shall ensure that all children residing
  219  in safe foster homes have a case manager and a case plan,
  220  whether or not the child is a dependent child.
  221         (c) The services specified in this section may, to the
  222  extent possible provided by law and with funding authorized, be
  223  available to all sexually exploited children whether the
  224  services are accessed voluntarily, as a condition of probation,
  225  through a diversion program, through a proceeding under chapter
  226  39, or through a referral from a local community-based care or
  227  social service agency.
  228         Section 3. Section 39.524, Florida Statutes, is amended to
  229  read:
  230         39.524 Safe-harbor placement.—
  231         (1) Except as provided in s. 39.407 or s. 985.801, a
  232  dependent child 6 years of age or older who has been found to be
  233  a victim of sexual exploitation as defined in s. 39.01(67)(g)
  234  must be assessed for placement in a safe foster home house as
  235  provided in s. 409.1678 using the initial screening and
  236  assessment instruments provided in s. 409.1754(1). The
  237  assessment shall be conducted by the department or its agent and
  238  shall incorporate and address current and historical information
  239  from any law enforcement reports; psychological testing or
  240  evaluation that has occurred; current and historical information
  241  from the guardian ad litem, if one has been assigned; current
  242  and historical information from any current therapist, teacher,
  243  or other professional who has knowledge of the child and has
  244  worked with the child; and any other information concerning the
  245  availability and suitability of safe-house placement. If such
  246  placement is determined to be appropriate for the child as a
  247  result of this assessment, the child may be placed in a safe
  248  foster home house, if one is available. However, the child may
  249  be placed in another setting if it is more appropriate to his or
  250  her needs and his or her behaviors can be managed in that
  251  setting so that they do not endanger other children being served
  252  in that setting, or if a safe foster home is unavailable As used
  253  in this section, the term “available” as it relates to a
  254  placement means a placement that is located within the circuit
  255  or otherwise reasonably accessible.
  256         (2) The results of the assessment described in s.
  257  409.1754(1) subsection (1) and the actions taken as a result of
  258  the assessment must be included in the next judicial review of
  259  the child. At each subsequent judicial review, the court must be
  260  advised in writing of the status of the child’s placement, with
  261  special reference regarding the stability of the placement and
  262  the permanency planning for the child.
  263         (3)(a) By December 1 of each year, the department shall
  264  report to the Legislature on the placement of children in safe
  265  foster homes houses during the year, including the criteria used
  266  to determine the placement of children, the number of children
  267  who were evaluated for placement, the number of children who
  268  were placed based upon the evaluation, and the number of
  269  children who were not placed.
  270         (b) The department shall maintain data specifying the
  271  number of children who were referred to a safe foster home house
  272  for whom placement was unavailable and the counties in which
  273  such placement was unavailable. The department shall include
  274  this data in its report under this subsection so that the
  275  Legislature may consider this information in developing the
  276  General Appropriations Act.
  277         Section 4. Paragraph (b) of subsection (2) of section
  278  39.401, Florida Statutes, is amended to read:
  279         39.401 Taking a child alleged to be dependent into custody;
  280  law enforcement officers and authorized agents of the
  281  department.—
  282         (2) If the law enforcement officer takes the child into
  283  custody, that officer shall:
  284         (b) Deliver the child to an authorized agent of the
  285  department, stating the facts by reason of which the child was
  286  taken into custody and sufficient information to establish
  287  probable cause that the child is abandoned, abused, or
  288  neglected, or otherwise dependent. For such a child for whom
  289  there is also probable cause to believe he or she has been
  290  sexually exploited, the law enforcement officer shall deliver
  291  the child to the department. The department may place the child
  292  in an appropriate short-term safe house as provided for in s.
  293  409.1678 if a short-term safe house is available.
  295  For cases involving allegations of abandonment, abuse, or
  296  neglect, or other dependency cases, within 3 days after such
  297  release or within 3 days after delivering the child to an
  298  authorized agent of the department, the law enforcement officer
  299  who took the child into custody shall make a full written report
  300  to the department.
  301         Section 5. Subsection (6) of section 796.07, Florida
  302  Statutes, is amended to read:
  303         796.07 Prohibiting prostitution and related acts.—
  304         (6) A person who violates paragraph (2)(f) shall be
  305  assessed a civil penalty of $5,000 if the violation results in
  306  any judicial disposition other than acquittal or dismissal. Of
  307  the proceeds from each penalty assessed under this subsection,
  308  the first $500 shall be paid to the circuit court administrator
  309  for the sole purpose of paying the administrative costs of
  310  treatment-based drug court programs provided under s. 397.334.
  311  The remainder of the penalty assessed shall be deposited in the
  312  Operations and Maintenance Trust Fund of the Department of
  313  Children and Family Services for the sole purpose of funding
  314  safe foster homes houses and short-term safe houses as provided
  315  in s. 409.1678.
  316         Section 6. Paragraph (b) of subsection (2) of section
  317  985.115, Florida Statutes, is amended to read:
  318         985.115 Release or delivery from custody.—
  319         (2) Unless otherwise ordered by the court under s. 985.255
  320  or s. 985.26, and unless there is a need to hold the child, a
  321  person taking a child into custody shall attempt to release the
  322  child as follows:
  323         (b) Contingent upon specific appropriation, to a shelter
  324  approved by the department or to an authorized agent or short
  325  term safe house under s. 39.401(2)(b).
  326         Section 7. The Office of Program Policy Analysis and
  327  Government Accountability (OPPAGA) shall conduct a study on
  328  commercial sexual exploitation of children in Florida. The study
  329  shall assess the extent of commercial sexual exploitation of
  330  children, including, but not limited to, its prevalence in
  331  various regions of the state. The study shall also identify
  332  specialized services needed by sexually exploited children and
  333  any gaps in the availability of such services by region,
  334  including, but not limited to, residential services and
  335  specialized therapies. The study shall analyze the effectiveness
  336  of safe foster homes and other residential options for serving
  337  sexually exploited children in addressing their safety,
  338  therapeutic, health, educational, and emotional needs,
  339  including, but not limited to, the nature and appropriateness of
  340  subsequent placements, the extent of sexual exploitation
  341  postplacement, and the educational attainment. By July 1, 2017,
  342  OPPAGA shall report its findings to the Governor, the President
  343  of the Senate, and the Speaker of the House of Representatives.
  344         Section 8. This act shall take effect July 1, 2014.
  346  ================= T I T L E  A M E N D M E N T ================
  347  And the title is amended as follows:
  348         Delete everything before the enacting clause
  349  and insert:
  350                        A bill to be entitled                      
  351         An act relating to human trafficking; creating s.
  352         409.1754, F.S.; requiring the Department of Children
  353         and Families to develop or adopt initial screening and
  354         assessment instruments for sexually exploited
  355         children; specifying the process for the department to
  356         develop or adopt such screening and assessment
  357         instruments; providing factors for placement in a safe
  358         foster home; authorizing specified entities to use
  359         additional assessment instruments; requiring that the
  360         department and community-based care lead agencies
  361         ensure that certain personnel receive specified
  362         training in handling cases involving a sexually
  363         exploited child; requiring that the Department of
  364         Juvenile Justice ensure that certain juvenile
  365         probation staff or contractors receive training in
  366         identifying and serving sexually exploited children;
  367         requiring the Department of Children and Families and
  368         lead agencies to hold multidisciplinary staffings
  369         under certain conditions; requiring each region of the
  370         department and each lead agency to develop specified
  371         plans and protocols in consultation with specified
  372         entities; requiring the local regional director to
  373         provide specified training to local law enforcement
  374         officials; directing the department, the Department of
  375         Juvenile Justice, and lead agencies to participate in
  376         coalitions, task forces, or similar organizations to
  377         coordinate local responses to human trafficking or the
  378         sexual exploitation of children; requiring the circuit
  379         administrator of the Department of Children and
  380         Families to work to initiate a task force if one is
  381         not active in a local area; amending s. 409.1678,
  382         F.S.; defining terms; authorizing the department to
  383         certify safe foster homes; providing requirements for
  384         certification as safe foster homes; requiring a lead
  385         agency to ensure certain training; requiring the
  386         department to specify the contents of such training;
  387         authorizing the department to develop or contract for
  388         a standard curriculum; authorizing the department to
  389         establish additional criteria for the certification of
  390         safe foster homes; providing duties of the department
  391         relating to the certification of safe foster homes;
  392         providing requirements for services; amending s.
  393         39.524, F.S.; requiring assessment or placement in a
  394         safe foster home under certain circumstances;
  395         authorizing placement in a setting other than a safe
  396         foster home under certain conditions; conforming
  397         provisions to changes made by the act; amending ss.
  398         39.401, 796.07, and 985.115, F.S.; conforming
  399         provisions to changes made by the act; requiring the
  400         Office of Program Policy Analysis and Government
  401         Accountability to conduct a study on commercial
  402         exploitation of children in the state and related
  403         topics; requiring a report to the Governor and the
  404         Legislature by a specified date; providing an
  405         effective date.