Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1724
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete lines 195 - 578
    4  and insert:
    5         (c) To be certified, a safe house must hold a license as a
    6  residential child-caring agency as defined in s. 409.175 and a
    7  safe foster home must hold a license as a family foster home as
    8  defined in s. 409.175. A safe house or safe foster home must
    9  also:
   10         1. Use strength-based and trauma-informed approaches to
   11  care, to the extent possible and appropriate.
   12         2. Serve exclusively one sex.
   13         3. Group sexually exploited children by age or maturity
   14  level.
   15         4. Care for sexually exploited children in a manner that
   16  separates these children from children with other needs. Safe
   17  houses and safe foster homes may care for other populations if
   18  the children who have not experienced sexual exploitation do not
   19  interact with children who have experienced sexual exploitation.
   20         5. Have awake staff members on duty 24 hours per day, if a
   21  safe house.
   22         6. Provide appropriate security through facility design,
   23  hardware, technology, staffing, and siting, including, but not
   24  limited to, external video monitoring or exit door alarms, a
   25  high staff-to-client ratio, or being situated in a remote
   26  location that is isolated from major transportation centers and
   27  common trafficking areas.
   28         7. Meet other criteria established by department rule,
   29  which may include, but are not limited to, personnel
   30  qualifications, staffing ratios, and types of services offered.
   31         (d) Safe houses and safe foster homes shall provide
   32  services tailored to the needs of sexually exploited children
   33  and shall conduct a comprehensive assessment of the service
   34  needs of each resident. In addition to the services required to
   35  be provided by residential-child caring agencies and family
   36  foster homes, safe houses and safe foster homes shall provide,
   37  arrange for, or coordinate, at a minimum, the following
   38  services:
   39         1. Victim-witness counseling.
   40         2. Family counseling.
   41         3. Behavioral health care.
   42         4. Treatment and intervention for sexual assault.
   43         5. Education tailored to the child’s individual needs,
   44  including remedial education if necessary.
   45         6. Life skills training.
   46         7. Mentoring by a survivor of sexual exploitation if
   47  available and appropriate for the child.
   48         8. Substance abuse screening and, if necessary, access to
   49  treatment.
   50         9. Planning services for the successful transition of each
   51  child back to the community.
   52         10. Activities in a manner that provides sexually exploited
   53  children with a full schedule.
   54         (e) The community-based care lead agencies shall ensure
   55  that foster parents of safe foster homes and staff of safe
   56  houses complete intensive training regarding, at a minimum, the
   57  needs of sexually exploited children, the effects of trauma and
   58  sexual exploitation, and how to address those needs using
   59  strength-based and trauma-informed approaches. The department
   60  shall specify the contents of this training by rule and may
   61  develop or contract for a standard curriculum. The department
   62  may establish by rule additional criteria for the certification
   63  of safe houses and safe foster homes which must address the
   64  security, therapeutic, social, health, and educational needs of
   65  sexually exploited children.
   66         (f) The department shall annually inspect safe houses and
   67  safe foster homes before certification to ensure compliance with
   68  the requirements of this section. The department may place a
   69  moratorium on referrals and may revoke the certification of a
   70  safe house or safe foster home that fails at any time to meet
   71  the requirements of, or rules adopted under, this section.
   72         (g) The certification period for safe houses and safe
   73  foster homes shall run concurrently with the terms of their
   74  licenses.
   76  HOSPITAL.—Residential treatment centers licensed under s.
   77  394.875 and hospitals licensed under chapter 395 which provide
   78  residential mental health treatment shall provide specialized
   79  treatment for sexually exploited children in the custody of the
   80  department placed in such facilities pursuant to s. 39.407(6),
   81  s. 394.4625, or s. 394.467. For such children, such facilities
   82  shall meet the requirements of subparagraphs (2)(c)1. and 3.-7.
   83  and paragraph (2)(d). The facilities shall ensure that children
   84  are served in single-sex groups and that staff working with such
   85  children are adequately trained in the effects of trauma and
   86  sexual exploitation, the needs of sexually exploited children,
   87  and how to address those needs using strength-based and trauma
   88  informed approaches.
   90         (a) This section does not prohibit any provider of services
   91  for sexually exploited children from appropriately billing
   92  Medicaid for services rendered, from contracting with a local
   93  school district for educational services, or from obtaining
   94  federal or local funding for services provided, as long as two
   95  or more funding sources do not pay for the same specific service
   96  that has been provided to a child.
   97         (b) The lead agency shall ensure that all children residing
   98  in safe houses or safe foster homes or served in residential
   99  treatment centers or hospitals pursuant to subsection (3) have a
  100  case manager and a case plan, whether or not the child is a
  101  dependent child.
  102         (5) AVAILABILITY OF SERVICES.—The services specified in
  103  this section may, to the extent possible provided by law and
  104  with authorized funding, be available to all sexually exploited
  105  children whether they are accessed voluntarily, as a condition
  106  of probation, through a diversion program, through a proceeding
  107  under chapter 39, or through a referral from a local community
  108  based care or social service agency.
  109         Section 3. Section 39.524, Florida Statutes, is amended to
  110  read:
  111         39.524 Safe-harbor placement.—
  112         (1) Except as provided in s. 39.407 or s. 985.801, a
  113  dependent child 6 years of age or older who has been found to be
  114  a victim of sexual exploitation as defined in s. 39.01(67)(g)
  115  must be assessed for placement in a safe house or safe foster
  116  home as provided in s. 409.1678 using the initial screening and
  117  assessment instruments provided in s. 409.1754(1). The
  118  assessment shall be conducted by the department or its agent and
  119  shall incorporate and address current and historical information
  120  from any law enforcement reports; psychological testing or
  121  evaluation that has occurred; current and historical information
  122  from the guardian ad litem, if one has been assigned; current
  123  and historical information from any current therapist, teacher,
  124  or other professional who has knowledge of the child and has
  125  worked with the child; and any other information concerning the
  126  availability and suitability of safe-house placement. If such
  127  placement is determined to be appropriate for the child as a
  128  result of this assessment, the child may be placed in a safe
  129  house or safe foster home, if one is available. However, the
  130  child may be placed in another setting if the other setting is
  131  more appropriate to the child’s needs or if a safe house or safe
  132  foster home in unavailable, as long as the child’s behaviors are
  133  managed so as not to endanger other children served in that
  134  setting As used in this section, the term “available” as it
  135  relates to a placement means a placement that is located within
  136  the circuit or otherwise reasonably accessible.
  137         (2) The results of the assessment described in s.
  138  409.1754(1) subsection (1) and the actions taken as a result of
  139  the assessment must be included in the next judicial review of
  140  the child. At each subsequent judicial review, the court must be
  141  advised in writing of the status of the child’s placement, with
  142  special reference regarding the stability of the placement and
  143  the permanency planning for the child.
  144         (3)(a) By December 1 of each year, the department shall
  145  report to the Legislature on the placement of children in safe
  146  houses and safe foster homes during the year, including the
  147  criteria used to determine the placement of children, the number
  148  of children who were evaluated for placement, the number of
  149  children who were placed based upon the evaluation, and the
  150  number of children who were not placed.
  151         (b) The department shall maintain data specifying the
  152  number of children who were referred to a safe house or safe
  153  foster home for whom placement was unavailable and the counties
  154  in which such placement was unavailable. The department shall
  155  include this data in its report under this subsection so that
  156  the Legislature may consider this information in developing the
  157  General Appropriations Act.
  158         Section 4. Paragraph (p) is added to subsection (4) of
  159  section 394.495, Florida Statutes, to read:
  160         394.495 Child and adolescent mental health system of care;
  161  programs and services.—
  162         (4) The array of services may include, but is not limited
  163  to:
  164         (p) Trauma-informed services for children who have suffered
  165  sexual exploitation as defined in s. 39.01(67)(g).
  166         Section 5. Paragraph (b) of subsection (2) and paragraph
  167  (b) of subsection (3) of section 39.401, Florida Statutes, are
  168  amended to read:
  169         39.401 Taking a child alleged to be dependent into custody;
  170  law enforcement officers and authorized agents of the
  171  department.—
  172         (2) If the law enforcement officer takes the child into
  173  custody, that officer shall:
  174         (b) Deliver the child to an authorized agent of the
  175  department, stating the facts by reason of which the child was
  176  taken into custody and sufficient information to establish
  177  probable cause that the child is abandoned, abused, or
  178  neglected, or otherwise dependent. For such a child for whom
  179  there is also probable cause to believe he or she has been
  180  sexually exploited, the law enforcement officer shall deliver
  181  the child to the department. The department may place the child
  182  in an appropriate short-term safe house as provided for in s.
  183  409.1678 if a short-term safe house is available.
  185  For cases involving allegations of abandonment, abuse, or
  186  neglect, or other dependency cases, within 3 days after such
  187  release or within 3 days after delivering the child to an
  188  authorized agent of the department, the law enforcement officer
  189  who took the child into custody shall make a full written report
  190  to the department.
  191         (3) If the child is taken into custody by, or is delivered
  192  to, an authorized agent of the department, the agent shall
  193  review the facts supporting the removal with an attorney
  194  representing the department. The purpose of the review is to
  195  determine whether there is probable cause for the filing of a
  196  shelter petition.
  197         (b) If the facts are sufficient and the child has not been
  198  returned to the custody of the parent or legal custodian, the
  199  department shall file the petition and schedule a hearing, and
  200  the attorney representing the department shall request that a
  201  shelter hearing be held within 24 hours after the removal of the
  202  child. While awaiting the shelter hearing, the authorized agent
  203  of the department may place the child in licensed shelter care,
  204  or in a short-term safe house if the child is a sexually
  205  exploited child, or may release the child to a parent or legal
  206  custodian or responsible adult relative or the adoptive parent
  207  of the child’s sibling who shall be given priority consideration
  208  over a licensed placement, or a responsible adult approved by
  209  the department if this is in the best interests of the child.
  210  Placement of a child which is not in a licensed shelter must be
  211  preceded by a criminal history records check as required under
  212  s. 39.0138. In addition, the department may authorize placement
  213  of a housekeeper/homemaker in the home of a child alleged to be
  214  dependent until the parent or legal custodian assumes care of
  215  the child.
  216         Section 6. Subsection (6) of section 796.07, Florida
  217  Statutes, is amended to read:
  218         796.07 Prohibiting prostitution and related acts.—
  219         (6) A person who violates paragraph (2)(f) shall be
  220  assessed a civil penalty of $5,000 if the violation results in
  221  any judicial disposition other than acquittal or dismissal. Of
  222  the proceeds from each penalty assessed under this subsection,
  223  the first $500 shall be paid to the circuit court administrator
  224  for the sole purpose of paying the administrative costs of
  225  treatment-based drug court programs provided under s. 397.334.
  226  The remainder of the penalty assessed shall be deposited in the
  227  Operations and Maintenance Trust Fund of the Department of
  228  Children and Family Services for the sole purpose of funding
  229  safe houses and safe foster homes short-term safe houses as
  230  provided in s. 409.1678.
  231         Section 7. Paragraph (b) of subsection (2) of section
  232  985.115, Florida Statutes, is amended to read:
  233         985.115 Release or delivery from custody.—
  234         (2) Unless otherwise ordered by the court under s. 985.255
  235  or s. 985.26, and unless there is a need to hold the child, a
  236  person taking a child into custody shall attempt to release the
  237  child as follows:
  238         (b) Contingent upon specific appropriation, to a shelter
  239  approved by the department or to an authorized agent or short
  240  term safe house under s. 39.401(2)(b).
  241         Section 8. The Office of Program Policy Analysis and
  242  Government Accountability shall conduct a study on commercial
  243  sexual exploitation of children in Florida. The study shall
  244  assess the extent of commercial sexual exploitation of children,
  245  including, but not limited to, its prevalence in various regions
  246  of the state. The study shall also identify specialized services
  247  needed by sexually exploited children and any gaps in the
  248  availability of such services by region, including, but not
  249  limited to, residential services and specialized therapies. The
  250  study shall analyze the effectiveness of safe houses, safe
  251  foster homes, residential treatment centers and hospitals with
  252  specialized programs for sexually exploited children, and other
  253  residential options for serving sexually exploited children in
  254  addressing their safety, therapeutic, health, educational, and
  255  emotional needs, including, but not limited to, the nature and
  256  appropriateness of subsequent placements, extent of sexual
  257  exploitation postplacement, and educational attainment. The
  258  study shall also include the number of children involuntarily
  259  committed to treatment facilities who are victims of sexual
  260  exploitation and the outcomes of those children for the 3 years
  261  after completion of inpatient treatment. All state agencies and
  262  contractors receiving state funds of any kind shall comply with
  263  each request for data and information from the Office of Program
  264  Policy Analysis and Government Accountability. Beginning July 1,
  265  2015, and by this date each year, the Office of Program Policy
  266  Analysis and Government Accountability shall report its findings
  267  to the Governor, the President of the Senate, and the Speaker of
  268  the House of Representatives.
  270  ================= T I T L E  A M E N D M E N T ================
  271  And the title is amended as follows:
  272         Delete lines 23 - 48
  273  and insert:
  274         providing definitions; requiring that safe houses and
  275         safe foster homes be certified by the department;
  276         providing requirements for certification as a safe
  277         houses or safe foster home; requiring the department
  278         to inspect safe houses and safe foster homes;
  279         requiring specified training for persons providing
  280         services in safe houses and safe foster homes;
  281         authorizing the department to adopt rules; requiring
  282         residential treatment centers or hospitals to provide
  283         specialized treatment; providing for service providers
  284         to obtain federal or local funding under certain
  285         conditions; providing for scope of availability of
  286         services; amending s. 39.524, F.S.; providing for
  287         review of safe harbor placement of a child in a safe
  288         house or safe foster home; revising criteria for
  289         placement; authorizing placement in settings other
  290         than safe houses and safe foster homes under certain
  291         conditions; amending s. 394.495, F.S.; including
  292         trauma-informed services for sexually exploited
  293         children in the child and adolescent mental health
  294         system of care; amending ss. 39.401, 796.07, and
  295         985.115, F.S.; conforming cross-references; requiring
  296         the Office of Program Policy Analysis and Government
  297         Accountability to conduct a study on commercial
  298         exploitation of children in Florida and related
  299         topics; requiring an annual report to the Governor and
  300         the Legislature; providing an effective date.