Florida Senate - 2014 (PROPOSED COMMITTEE BILL) SPB 7088
FOR CONSIDERATION By the Committee on Children, Families, and
Elder Affairs
586-02587-14 20147088__
1 A bill to be entitled
2 An act relating to human trafficking; creating s.
3 409.1754; requiring the department to develop or adopt
4 initial screening and assessment instruments;
5 specifying the process for the department to develop
6 or adopt initial screening and assessment instruments;
7 providing criteria for placement in safe houses or
8 safe foster homes; allowing entities to use additional
9 initial screening and assessment instruments;
10 requiring the department, community-based care lead
11 agencies, and staff administering the detention risk
12 assessment instrument to receive specified training;
13 requiring the department and lead agencies to hold
14 multidisciplinary staffings under certain conditions;
15 requiring the department and lead agencies to develop
16 specific plans and protocols; directing the
17 department, the Department of Juvenile Justice, and
18 lead agencies to participate in coalitions, task
19 forces, or similar organizations to coordinate local
20 responses to human trafficking; requiring the
21 department to attempt to initiate a task force if none
22 is active in a local area; amending s. 409.1678;
23 providing definitions; authorizing the Department of
24 Children and Families to certify safe houses and safe
25 foster homes; providing requirements for certification
26 as safe houses and safe foster homes; allowing the
27 department to certify a secure safe house to operate
28 as a pilot program; providing requirements for the
29 secure safe house pilot program; amending s. 39.524;
30 providing for review of appropriateness of safe harbor
31 placement in both safe houses and safe foster homes;
32 amending criteria for placement; authorizing placement
33 in settings other than safe houses and safe foster
34 homes under certain conditions; requiring the Office
35 of Program Policy Analysis and Government
36 Accountability to conduct a study on commercial
37 exploitation of children in Florida and related
38 topics; creating s. 39.4072; providing for placement
39 for evaluation in a secure safe house if certain
40 criteria is met; specifying the process for evaluating
41 whether a child meets criteria for placement for
42 treatment in a secure safe house; creating s. 39.4074;
43 authorizing the department to file a petition for
44 placement in a secure safe house if the child is
45 evaluated to meet criteria; providing for court
46 determination; requiring reporting on a child’s
47 treatment progress in a secure safe house; providing
48 for court review; providing an effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Section 409.1754, Florida Statutes, is created
53 to read:
54 409.1754 Sexually Exploited Children; Screening and
55 Assessment; Training; Case Management; Task Forces.—
56 (1) SCREENING AND ASSESSMENT.—
57 (a) The department shall develop or adopt one or more
58 initial screening and assessment instruments to identify,
59 determine the needs of, plan services for, and identify
60 appropriate placement for sexually exploited children. The
61 department shall consult state and local agencies,
62 organizations, and individuals involved in the identification
63 and care of sexually exploited children in developing or
64 adopting the initial screening and assessment instruments. The
65 initial screening and assessment instruments shall include
66 assessment of appropriate placement, including whether placement
67 in a safe house or safe foster home is appropriate, and shall
68 consider, at a minimum, the following factors:
69 1. Risk of the sexually exploited child running away.
70 2. Risk of the sexually exploited child recruiting other
71 children into the commercial sex trade.
72 3. Level of the sexually exploited child’s attachment to
73 his or her exploiter.
74 4. Level and type of trauma that the sexually exploited
75 child has endured.
76 5. Nature of the sexually exploited child’s interactions
77 with law enforcement.
78 6. Length of time that the child was sexually exploited.
79 7. Extent of any substance abuse by the sexually exploited
80 child.
81 (b) The initial screening and assessment instruments shall
82 be validated if possible and must be used by the department,
83 juvenile assessment centers as provided in s. 985.135, and
84 community-based care lead agencies.
85 (c) The department shall establish rules specifying the
86 initial screening and assessment instruments to be used, the
87 requirements for their use, and the reporting of data collected
88 through them.
89 (d) The department, the Department of Juvenile Justice, and
90 community-based care lead agencies are not precluded from using
91 additional assessment instruments in the course of serving
92 sexually exploited children.
93 (2) TRAINING; CASE MANAGEMENT; TASK FORCES.—
94 (a)1. The department and community-based care lead agencies
95 shall ensure that cases in which a child is alleged, suspected,
96 or known to have been sexually exploited are assigned to child
97 protective investigators and case managers who have specialized
98 intensive training in handling cases involving a sexually
99 exploited child. The department and lead agencies shall ensure
100 that child protective investigators and case managers,
101 respectively, receive this training prior to accepting any case
102 involving a sexually exploited child.
103 2. The Department of Juvenile Justice shall ensure that
104 juvenile probation staff or contractors administering the
105 detention risk assessment instrument receive specialized
106 intensive training in identifying and serving sexually exploited
107 children.
108 (b) The department and community-based care lead agencies
109 shall conduct regular multidisciplinary staffings for sexually
110 exploited children to ensure that all relevant information is
111 known to all parties and that services are coordinated across
112 systems. The department or community-based care lead agency, as
113 appropriate, shall coordinate these staffings and invite
114 individuals involved in the child’s care. This may include, but
115 is not limited to, the child’s guardian ad litem, juvenile
116 justice system staff, school district staff, service providers,
117 and victim advocates.
118 (c)1. Each region of the department and each community
119 based care lead agency shall jointly assess local service
120 capacity to meet the specialized service needs of sexually
121 exploited children and establish a plan to develop capacity.
122 Each plan shall be developed in consultation with local law
123 enforcement officials, local school officials, runaway and
124 homeless youth program providers, local probation departments,
125 children’s advocacy centers, public defenders, state attorney’s
126 offices, safe houses, and child advocates and services providers
127 who work directly with sexually exploited children.
128 2. Each region of the department and each community-based
129 care lead agency shall establish local protocols and procedures
130 for working with sexually exploited children which are
131 responsive to the individual circumstances of each child. The
132 protocols and procedures shall take into account the varying
133 types and levels of trauma endured; whether the sexual
134 exploitation is actively occurring, occurred in the past, or
135 inactive but likely to reoccur; and the differing community
136 resources and degrees of familial support that may be available.
137 Child protective investigators and case managers must use the
138 protocols and procedures when working with a sexually exploited
139 child.
140 (3)(a) The local regional director may, to the extent that
141 funds are available, provide training to local law enforcement
142 officials who are likely to encounter sexually exploited
143 children in the course of their law enforcement duties. Training
144 shall address the provisions of this section and how to identify
145 and obtain appropriate services for sexually exploited children.
146 The local circuit administrator may contract with a not-for
147 profit agency having experience working with sexually exploited
148 children to provide the training. Circuits may work
149 cooperatively to provide training, which may be provided on a
150 regional basis. The department shall assist circuits to obtain
151 any available funds for the purposes of conducting law
152 enforcement training from the Office of Juvenile Justice and
153 Delinquency Prevention of the United States Department of
154 Justice.
155 (b) Circuit administrators or their designees, chief
156 probation officers of the Department of Juvenile Justice or
157 their designees, and the chief operating officers of community
158 based care lead agencies or their designees shall participate in
159 any task force, committee, council, advisory group, coalition,
160 or other entity active in their service area for coordinating
161 responses to address human trafficking or sexual exploitation of
162 children. If no such entity exists, the circuit administrator
163 for the department shall work to initiate one.
164 Section 2. Section 409.1678, Florida Statutes, is amended
165 to read:
166 (Substantial rewording of section. See
167 s. 409.1678, F.S., for present text).
168 409.1678 Specialized residential options for children who
169 are victims of sexual exploitation.—
170 (1) DEFINITIONS.—As used in this section, the term:
171 (a) “Safe foster home” means a foster home certified by the
172 department under this section to care for sexually exploited
173 children.
174 (b) “Safe house” means a group residential placement
175 certified by the department under this section to care for
176 sexually exploited children.
177 (c) “Sexually exploited child” means a child who has
178 suffered sexual exploitation as defined in s. 39.01(67)(g) and
179 is ineligible for relief and benefits under the federal
180 Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
181 (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES.—
182 (a) Safe houses and safe foster homes shall provide a safe,
183 separate, and therapeutic environment tailored to the needs of
184 sexually exploited children who have endured significant trauma.
185 Safe houses and safe foster homes shall use a model of treatment
186 that includes strength-based and trauma-informed approaches.
187 (b) The department shall certify safe houses and safe
188 foster homes. A residential facility accepting state funds
189 appropriated to provide services to sexually exploited children
190 or child victims of sex trafficking must be certified by the
191 department as a safe house or a safe foster home. No entity may
192 use the designation “safe house” or “safe foster home” and hold
193 themselves out as serving sexually exploited children unless the
194 entity is certified under this section.
195 (c) To be certified, a safe house must hold a license as a
196 residential child-caring agency, and a safe foster home must
197 hold a license as a family foster home, pursuant to s. 409.175.
198 A safe house or safe foster home must also:
199 1. Use trauma-informed and strength-based approaches to
200 care, to the extent possible and appropriate.
201 2. Serve exclusively one sex.
202 3. Group sexually exploited children by age or maturity
203 level.
204 4. Care for sexually exploited children in a manner that
205 separates these children from children with other needs. Safe
206 houses and safe foster homes may care for other populations, if
207 the children who have not experienced sexual exploitation do not
208 interact with children who have experienced sexual exploitation.
209 5. Have awake staff members on duty 24 hours a day, if a
210 safe house.
211 6. Provide appropriate security through facility design,
212 hardware, technology, staffing, and siting, including but not
213 limited to external video monitoring or alarmed doors, having a
214 high staff-to-client ratio, or being situated in a remote
215 location isolated from major transportation centers and common
216 trafficking areas. However, such security must allow sexually
217 exploited children to exit the safe house if they choose.
218 7. Meet other criteria established by the department in
219 rule, which may include, but are not limited to, personnel
220 qualifications, staffing ratios, and services content.
221 (d) Safe houses and safe foster homes shall provide
222 services tailored to the needs of sexually exploited children
223 and shall conduct a comprehensive assessment of the service
224 needs of each resident. In addition to the services required to
225 be provided by residential child caring agencies and family
226 foster homes, safe houses and safe foster homes must provide,
227 arrange for or coordinate, at a minimum, the following services:
228 1. Victim-witness counseling;
229 2. Family counseling;
230 3. Behavioral health care;
231 4. Treatment and intervention for sexual assault;
232 5. Education tailored to the child’s individual needs,
233 including remedial education if necessary;
234 6. Life skills training;
235 7. Mentoring by a survivor of sexual exploitation, if
236 available and appropriate for the child;
237 8. Substance abuse screening, and where necessary, access
238 to treatment;
239 9. Planning services for the successful transition of each
240 child back to the community; and
241 10. Activities, in a manner that provides sexually
242 exploited children with a full schedule.
243 (e) The community-based care lead agencies shall ensure
244 that foster parents of safe foster homes and staff of safe
245 houses complete intensive training regarding, at a minimum, the
246 needs of sexually exploited children, the effects of trauma and
247 sexual exploitation, and how to address those needs using
248 strength-based and trauma-informed approaches. The department
249 shall specify this training by rule and may develop or contract
250 for a standard curriculum. The department may establish in rule
251 additional criteria for the certification of safe houses and
252 safe foster homes. Criteria shall address the security,
253 therapeutic, social, health, and educational needs of sexually
254 exploited children.
255 (f) The department shall inspect safe houses and safe
256 foster homes prior to certification and annually to ensure
257 compliance with requirements of this section. The department may
258 place a moratorium on referrals and may revoke the certification
259 of a safe house or safe foster home which fails at any time to
260 meet the requirements of this section or rules adopted pursuant
261 to this section.
262 (g) The certification period for safe houses and safe
263 foster homes shall run concurrently with the terms of their
264 licenses.
265 (3) SECURE SAFE HOUSE PILOT PROGRAM.—
266 (a) The department may facilitate the development of one
267 secure safe house on a pilot basis to evaluate the therapeutic
268 benefits of a secure residential setting within the broader
269 array of residential and community-based services available to
270 meet the needs of sexually exploited children. The secure safe
271 house is intended for those sexually exploited children with the
272 greatest needs, for whom no less restrictive placement has been
273 or will be effective in addressing the effects of severe abuse,
274 violence, trauma, or exploiter control endured by the child. The
275 setting is only available to a sexually exploited child:
276 1. Who is the subject of an open investigation due to an
277 allegation of abuse, neglect, or exploitation, or has been
278 adjudicated dependent;
279 2. Who has been placed in accordance with ss. 39.4072 and
280 39.4074; and
281 3. Whose needs cannot be met in less restrictive
282 placements.
283 (b) The secure safe house must be a certified safe house,
284 and may have no more than 15 beds. The department shall select
285 the region where the secure safe house shall be sited. The
286 department shall collaborate with the local community-based care
287 lead agency to design the pilot project, including, but not
288 limited to, selection of the location, selection of the
289 provider, the facility’s security features, referral processes,
290 and services provided within the secure safe house.
291 (c) Children from any region of the state may be placed in
292 the secure safe house pursuant to ss. 39.4072 and 39.4074. The
293 department, in consultation with the community-based care lead
294 agencies serving the children, shall approve all placements of
295 children in the facility. In addition to the criteria in s.
296 409.1754(1) and any other criteria determined by the department
297 pursuant to that subsection, the following criteria at a minimum
298 shall also be used to determine whether a child qualifies for
299 placement in the secure safe house:
300 1. Lack of willingness to participate in less intensive
301 programs; and
302 2. Lack of treatment progress in less restrictive
303 placements, if the child has been placed elsewhere.
304 (d) The secure safe house shall include features which
305 prevent any entry into or exit from the facility or its grounds
306 without the involvement of staff, including, but not limited to,
307 walls, fencing, gates, and locking doors.
308 (e) A child may be placed in the secure safe house for a
309 minimum of 5 days and a maximum of 10 months. Pursuant to s.
310 39.4074(4), the secure safe house shall regularly review and
311 report on the child’s progress, and during judicial reviews the
312 court shall determine whether continued placement in the secure
313 safe house is appropriate. The department shall place the child
314 in another setting when continued placement in the secure safe
315 house is no longer appropriate.
316 (f) The department shall contract for an evaluation of the
317 effectiveness of the secure safe house in facilitating the
318 rehabilitation of sexually exploited children. The evaluation
319 report shall be provided to the Governor, the President of the
320 Senate, and the Speaker of the House of Representatives by
321 February 1, 2018. The evaluation shall, at a minimum, describe
322 the program model and facility design, assess the effectiveness
323 of the facility in meeting the treatment and security needs of
324 sexually exploited children, analyze its cost-effectiveness, and
325 provide recommendations regarding the continued operation of the
326 pilot program and any changes or enhancements.
327 (4)(a) This section does not prohibit any provider of
328 services for sexually exploited children from appropriately
329 billing Medicaid for services rendered, from contracting with a
330 local school district for educational services, or from
331 obtaining federal or local funding for services provided, as
332 long as two or more funding sources do not pay for the same
333 specific service that has been provided to a child.
334 (b) The lead agency shall ensure that all children residing
335 in safe houses or safe foster homes have a case manager and a
336 case plan, whether or not the child is a dependent child.
337 (5) The services specified in this section may, to the
338 extent possible provided by law and with funding authorized, be
339 available to all sexually exploited children whether they are
340 accessed voluntarily, as a condition of probation, through a
341 diversion program, through a proceeding under chapter 39, or
342 through a referral from a local community-based care or social
343 service agency.
344 Section 3. Section 39.524, Florida Statutes, is amended to
345 read:
346 39.524 Safe-harbor placement.—
347 (1) Except as provided in s. 39.407 or s. 985.801, a
348 dependent child 6 years of age or older who has been found to be
349 a victim of sexual exploitation as defined in s. 39.01(67)(g)
350 must be assessed for placement in a safe house or safe foster
351 home as provided in s. 409.1678 using the initial screening and
352 assessment instruments provided in s. 409.1754(1). The
353 assessment shall be conducted by the department or its agent and
354 shall incorporate and address current and historical information
355 from any law enforcement reports; psychological testing or
356 evaluation that has occurred; current and historical information
357 from the guardian ad litem, if one has been assigned; current
358 and historical information from any current therapist, teacher,
359 or other professional who has knowledge of the child and has
360 worked with the child; and any other information concerning the
361 availability and suitability of safe-house placement. If such
362 placement is determined to be appropriate for the child as a
363 result of this assessment, the child may be placed in a safe
364 house or safe foster home, if one is available. However, the
365 child may be placed in another setting if it is more appropriate
366 to his or her needs and his or her behaviors can be managed in
367 those settings so that they do not endanger other children being
368 served in those settings, or if a safe house or safe foster home
369 in unavailable. As used in this section, the term “available” as
370 it relates to a placement means a placement that is located
371 within the circuit or otherwise reasonably accessible.
372 (2) The results of the assessment described in s.
373 409.1754(1) subsection (1) and the actions taken as a result of
374 the assessment must be included in the next judicial review of
375 the child. At each subsequent judicial review, the court must be
376 advised in writing of the status of the child’s placement, with
377 special reference regarding the stability of the placement and
378 the permanency planning for the child.
379 (3)(a) By December 1 of each year, the department shall
380 report to the Legislature on the placement of children in safe
381 houses and safe foster homes during the year, including the
382 criteria used to determine the placement of children, the number
383 of children who were evaluated for placement, the number of
384 children who were placed based upon the evaluation, and the
385 number of children who were not placed.
386 (b) The department shall maintain data specifying the
387 number of children who were referred to a safe house or safe
388 foster home for whom placement was unavailable and the counties
389 in which such placement was unavailable. The department shall
390 include this data in its report under this subsection so that
391 the Legislature may consider this information in developing the
392 General Appropriations Act.
393 Section 4. Section 39.4072, Florida Statutes, is created to
394 read:
395 39.4072 Evaluation for secure safe house placement.—
396 (1) The Legislature finds that victims of child sexual
397 exploitation as defined in s. 39.01(67)(g) often exhibit
398 behaviors that place themselves and others in danger. The
399 Legislature finds that when sexually exploited children
400 repeatedly run away from their home or residential placement to
401 unsafe placements, engage in commercial sexual activity as
402 defined in s. 787.06(2)(b), F.S., or seek to maintain a
403 relationship with their exploiters, these children and other
404 children are in danger of being sexually exploited and
405 physically abused, which can lead to grave emotional and
406 physical harm.
407 (2) CRITERIA.—A child may be taken to a secure safe house
408 for evaluation of the appropriateness of placement for treatment
409 in a secure safe house as provided in this section if there is
410 probable cause that the child has been sexually exploited as
411 defined in s. 39.01(67)(g) and:
412 (a) The child meets the criteria in s. 409.1678(3) for safe
413 house placement; and
414 (b) The child recently engaged in behaviors that subject
415 the child to victimization, violence, emotional harm, serious
416 bodily harm, or health risks that endanger the child, posing a
417 real and present threat of substantial harm to the child’s well
418 being. Such behaviors include, but are not limited to,
419 repeatedly running away from home or residential placement to an
420 unsafe situation, engaging in commercial sexual activity as
421 defined in s. 787.06(2)(b), and seeking to maintain a
422 relationship with the child’s trafficker despite others’
423 attempts to separate the child from the trafficker;
424 (c) There is a substantial likelihood that without care or
425 treatment the child will endanger or cause serious bodily harm
426 to others, as evidenced by previous behavior including
427 recruiting other children into the commercial sex trade or using
428 coercion such as violence, illegal substances, or other means to
429 compel their participation in such trade; and
430 (d) Less restrictive placement alternatives are unlikely to
431 be effective in keeping the child from engaging in behaviors
432 provided in paragraphs (b) and (c), as determined by a
433 department or community-based care lead agency.
434 (3) EVALUATION.—
435 (a) An official of the department may initiate an
436 evaluation of a child who is the subject of an open
437 investigation or under the supervision of the court if the
438 criteria in subsection (2) are met. A child protective
439 investigator, a law enforcement officer, case manager, or other
440 qualified individual may transport the child to the secure safe
441 house, which may admit the child for assessment and
442 stabilization pending the filing and adjudication of a petition
443 by the department as provided in s. 39.522(1) alleging a need
444 for a change in placement. The secure safe house shall provide
445 notice regarding the child’s admittance for assessment for
446 secure safe house placement, to the child’s parent or guardian,
447 foster parent, case manager, and guardian ad litem. If the child
448 does not have a guardian ad litem and a lawyer, the court shall
449 appoint them.
450 (b) A psychiatrist, clinical psychologist, licensed mental
451 health counselor, or licensed clinical social worker at the
452 secure safe house who has training in working with sexually
453 exploited children shall conduct an initial evaluation of the
454 child as soon as it is appropriate to do so given the child’s
455 emotional, mental, and physical condition. The child may be
456 provided medical screening and treatment pursuant to s. 39.407.
457 The secure safe house may initiate appropriate therapeutic
458 services to stabilize and treat the child.
459 (c) Facility staff shall continue to evaluate the child
460 throughout his or her placement for evaluation in the secure
461 safe house and may access the child’s case file and other
462 relevant records and request information from other individuals
463 involved in the child’s life. The child’s parent or guardian,
464 foster parent, case manager, and guardian ad litem may provide
465 any information they believe relevant to the evaluation. The
466 evaluation of the child shall be based on whether the child
467 meets the criteria established under s. 409.1678(3) for
468 admission to the secure safe house, and the criteria in
469 paragraphs (1)(a) and (b).
470 (d) Within five days after the child’s admittance to the
471 secure safe house for evaluation, the psychiatrist, clinical
472 psychologist, licensed mental health counselor, or licensed
473 clinical social worker shall determine, based on the evaluation,
474 whether the secure safe house would best meet the child’s needs,
475 or whether additional evaluation is required before a conclusion
476 can be reached.
477 1. If the secure safe house would not best meet the child’s
478 needs, the department shall place the child in the least
479 restrictive setting which is appropriate for the child’s needs.
480 2. If placement in the secure safe house for treatment
481 would best meet the child’s needs, the department shall petition
482 the court within 24 hours for placement under s. 39.4074, and
483 the secure safe house shall admit the child pending a judicial
484 determination.
485 3. If additional evaluation is required before a
486 determination may be made about the child’s need for secure safe
487 house placement for treatment, the department shall petition the
488 court within 24 hours to extend the placement of the child for
489 evaluation purposes up to 30 days or until a determination may
490 be made regarding the need for secure safe house placement for
491 treatment, whichever comes first. The child shall remain in the
492 secure safe house pending the court order.
493 (f) The department shall provide all evaluations to the
494 child’s parent or guardian, case manager, and guardian ad litem.
495 Section 5. Section 39.4074, Florida Statutes, is created to
496 read:
497 39.4074 Placement in a secure safe house.—
498 (1) PETITION FOR PLACEMENT.—If an evaluation pursuant to s.
499 39.4072(3) results in a determination that placement for
500 treatment in a secure safe house would best meet the child’s
501 needs, the department may file a petition for placement in
502 dependency court. The department shall provide notice to the
503 child’s parents as required under s. 39.502(1). If the child’s
504 parents consent to such placement, the court shall enter an
505 order placing the child in the secure safe house for up to 45
506 days, pending review by the court as provided herein. If the
507 child’s parents refuse or are unable to consent, the court
508 within 24 hours of the filing of the petition shall hear all
509 parties in person or by counsel, or both. If the court concludes
510 that the child meets the criteria for placement in the secure
511 safe house in s. 39.4072(1), it shall order that the child be
512 placed in the secure safe house for a period of up to 45 days,
513 pending review by the court.
514 (2) TREATMENT PLAN AND JUDICIAL REVIEW.—
515 (a) Within 10 days after the placement of a child for
516 treatment in a secure safe house, the secure safe house must
517 prepare an individualized treatment plan which addresses both
518 preliminary residential treatment and comprehensive discharge,
519 identifying care appropriate for the child upon completion of
520 residential treatment. The plan must be approved by the
521 department. The child must be involved in the preparation of the
522 plan to the maximum feasible extent consistent with the child’s
523 ability to do so. The child’s parents, guardian, or foster
524 parents, guardian ad litem, and staff from the child’s home
525 school district must be involved with the child’s treatment and
526 discharge planning. Other individuals may also participate in
527 plan development as appropriate. A secure safe house shall
528 provide a copy and an explanation of the plan to the child, the
529 child’s parent or guardian, the guardian ad litem, and case
530 manager. The department shall also provide the plan to the
531 court.
532 (b) At 20-day intervals, commencing upon the beginning of
533 treatment according to the treatment plan, the secure safe house
534 must review the child’s progress toward the treatment goals and
535 assess whether the child’s needs could be met in a less
536 restrictive treatment program. The secure safe house must submit
537 a report of its findings to the child’s parents or guardian,
538 guardian ad litem, case manager, the department and the court.
539 The department may not reimburse a secure safe house until the
540 secure safe house has submitted every written report that is
541 due.
542 (c) The court shall conduct an initial review of the status
543 of the child’s treatment plan no later than 35 days after the
544 child’s placement for treatment in the secure safe house. For
545 any child in a secure safe house at the time a judicial review
546 is held pursuant to s. 39.701, the child’s continued placement
547 in a secure safe house must be a subject of the judicial review.
548 If, at any time, the court determines that the child has not
549 been sexually exploited or that the child has been sexually
550 exploited but is not appropriate for placement in a secure safe
551 house, the court shall order the department to place the child
552 in the least restrictive setting that is best suited to meet the
553 child’s needs.
554 (d) After the initial review, the court must review the
555 child’s treatment plan every 60 days until the child no longer
556 requires placement in the secure safe house, or until the child
557 has resided in the secure safe house for 10 months. If the child
558 has resided in the secure safe house for 9 months, a court
559 hearing shall be held to determine an appropriate setting and
560 appropriate services for the child.
561 Section 6. The Office of Program Policy Analysis and
562 Government Accountability (OPPAGA) shall conduct a study on
563 commercial sexual exploitation of children in Florida. The study
564 shall assess the extent of commercial sexual exploitation of
565 children, including but not limited to its prevalence in various
566 regions of the state. The study shall also identify specialized
567 services needed by sexually exploited children and any gaps in
568 the availability of such services by region, including but not
569 limited to residential services and specialized therapies. The
570 study shall analyze the effectiveness of safe houses, safe
571 foster homes, and other residential options for serving sexually
572 exploited children in addressing their safety, therapeutic,
573 health, educational, and emotional needs, including but not
574 limited to, the nature and appropriateness of subsequent
575 placements, extent of sexual exploitation post-placement, and
576 educational attainment. By July 1, 2017, OPPAGA shall report its
577 findings to the Governor, the President of the Senate, and the
578 Speaker of the House of Representatives.
579 Section 7. This act shall take effect July 1, 2014.