Florida Senate - 2015 SB 1462
By Senator Bradley
7-00443B-15 20151462__
1 A bill to be entitled
2 An act relating to behavioral health services;
3 creating s. 394.47892, F.S.; authorizing counties to
4 fund treatment-based mental health court programs;
5 providing legislative intent; providing that pretrial
6 program participation is voluntary; specifying
7 criteria that a court must consider before sentencing
8 a person to a postadjudicatory treatment-based mental
9 health court program; requiring a judge presiding over
10 a postadjudicatory treatment-based mental health court
11 program to hear a violation of probation or community
12 control under certain circumstances; providing that
13 treatment-based mental health court programs may
14 include specified programs; requiring a judicial
15 circuit with a treatment-based mental health court
16 program to establish a coordinator position, subject
17 to annual appropriation by the Legislature; providing
18 county funding requirements for treatment-based mental
19 health court programs; authorizing the chief judge of
20 a judicial circuit to appoint an advisory committee
21 for the treatment-based mental health court program;
22 specifying membership of the committee; amending s.
23 394.656, F.S.; revising the composition and duties of
24 the Criminal Justice, Mental Health, and Substance
25 Abuse Statewide Grant Review Committee within the
26 Department of Children and Families; requiring the
27 department to create a grant review and selection
28 committee; prescribing duties of the committee;
29 authorizing a designated not-for-profit community
30 provider to apply for certain grants; amending s.
31 394.9082, F.S.; requiring managing entities to
32 establish a process for enrolling priority substance
33 abuse and mental health populations into substance
34 abuse and mental health services; requiring the
35 department to establish enrollment criteria; defining
36 the term “public receiving facility”; requiring the
37 department to establish specified standards and
38 protocols with respect to the administration of the
39 crisis stabilization services utilization database;
40 directing managing entities to require public
41 receiving facilities to submit utilization data on a
42 periodic basis; providing requirements for the data;
43 requiring managing entities to periodically submit
44 aggregate data to the department; requiring the
45 department to adopt rules; requiring the department to
46 annually submit a report to the Governor and the
47 Legislature; prescribing report requirements;
48 specifying that implementation of the database is
49 contingent upon an appropriation; amending s. 409.906,
50 F.S.; requiring the Agency for Health Care
51 Administration to submit a federal waiver or Medicaid
52 state plan amendment for the provision of health
53 homes; specifying conditions for the health home
54 program; amending ss. 29.004, 39.001, 39.507, and
55 39.521, F.S.; conforming provisions to changes made by
56 the act; requiring the agency to submit a planning
57 grant application to the United States Department of
58 Health and Human Services; providing an effective
59 date.
60
61 WHEREAS, Florida’s residents with mental illnesses and
62 substance abuse disorders are best able to recover and become
63 productive citizens when served in their own communities and
64 surrounded by family and natural support systems, and
65 WHEREAS, untreated mental illnesses and substance abuse
66 disorders place a burden on the health care and public safety
67 system, and
68 WHEREAS, research has demonstrated that the delivery of
69 behavioral health services to treat mental illnesses and
70 substance abuse disorders are cost-effective and efficient, and
71 WHEREAS, the Legislature intends to ensure greater access
72 to behavioral health services by promoting the high quality,
73 adequacy, and availability of these essential services, NOW,
74 THEREFORE,
75
76 Be It Enacted by the Legislature of the State of Florida:
77
78 Section 1. Section 394.47892, Florida Statutes, is created
79 to read:
80 394.47892 Treatment-based mental health court programs.—
81 (1) Each county may fund a treatment-based mental health
82 court program under which persons in the justice system assessed
83 with a mental illness will be processed in such a manner as to
84 appropriately address the severity of the identified mental
85 health problem through treatment services tailored to the
86 individual needs of the participant. The Legislature intends to
87 encourage the Department of Corrections, the Department of
88 Children and Families, the Department of Juvenile Justice, the
89 Department of Health, the Department of Law Enforcement, the
90 Department of Education, and such agencies, local governments,
91 law enforcement agencies, other interested public or private
92 sources, and individuals to support the creation and
93 establishment of these problem-solving court programs.
94 Participation in the treatment-based mental health court
95 programs does not divest any public or private agency of its
96 responsibility for a child or adult, but enables these agencies
97 to better meet their needs through shared responsibility and
98 resources.
99 (2) Entry into any pretrial treatment-based mental health
100 court program is voluntary.
101 (3)(a) Entry into any postadjudicatory treatment-based
102 mental health court program as a condition of probation or
103 community control pursuant to s. 948.01 or s. 948.06 must be
104 based upon the sentencing court’s assessment of the defendant’s
105 criminal history, mental health screening outcome, amenability
106 to the services of the program, the recommendation of the state
107 attorney and the victim, if any, and the defendant’s agreement
108 to enter the program.
109 (b) An offender who is sentenced to a postadjudicatory
110 treatment-based mental health court program and who, while a
111 mental health court program participant, is the subject of a
112 violation of probation or community control under s. 948.06
113 shall have the violation of probation or community control heard
114 by the judge presiding over the postadjudicatory treatment-based
115 mental health court program. The judge shall dispose of any such
116 violation, after a hearing on or admission of the violation, as
117 he or she deems appropriate if the resulting sentence or
118 conditions are lawful.
119 (4) Treatment-based mental health court programs may
120 include pretrial intervention programs as provided in s. 948.08,
121 treatment-based mental health court programs authorized in
122 chapter 39, postadjudicatory programs as provided in ss. 948.01
123 and 948.06, and review of the status of compliance or
124 noncompliance of sentenced offenders through a treatment-based
125 mental health court program.
126 (5) Contingent upon an annual appropriation by the
127 Legislature, each judicial circuit with a treatment-based mental
128 health court program shall establish, at a minimum, one
129 coordinator position for the treatment-based mental health court
130 program within the state courts system to coordinate the
131 responsibilities of the participating agencies and service
132 providers. Each coordinator shall provide direct support to the
133 treatment-based mental health court program by providing
134 coordination between the multidisciplinary team and the
135 judiciary, providing case management, monitoring compliance of
136 the participants in the treatment-based mental health court
137 program with court requirements, and providing program
138 evaluation and accountability.
139 (6) If a county chooses to fund a treatment-based mental
140 health court program, the county must secure funding from
141 sources other than the state for those costs not otherwise
142 assumed by the state pursuant to s. 29.004. However, this does
143 not preclude a county from using treatment and other service
144 funding provided through state executive branch agencies.
145 Counties may provide, by interlocal agreement, for the
146 collective funding of these programs.
147 (7) The chief judge of each judicial circuit may appoint an
148 advisory committee for the treatment-based mental health court
149 program. The committee shall be composed of the chief judge, or
150 his or her designee, who shall serve as chair; the judge of the
151 treatment-based mental health court program, if not otherwise
152 designated by the chief judge as his or her designee; the state
153 attorney, or his or her designee; the public defender, or his or
154 her designee; the treatment-based mental health court program
155 coordinators; community representatives; treatment
156 representatives; and any other persons the chair finds are
157 appropriate.
158 Section 2. Section 394.656, Florida Statutes, is amended to
159 read:
160 394.656 Criminal Justice, Mental Health, and Substance
161 Abuse Reinvestment Grant Program.—
162 (1) There is created within the Department of Children and
163 Families the Criminal Justice, Mental Health, and Substance
164 Abuse Reinvestment Grant Program. The purpose of the program is
165 to provide funding to counties with which they can plan,
166 implement, or expand initiatives that increase public safety,
167 avert increased spending on criminal justice, and improve the
168 accessibility and effectiveness of treatment services for adults
169 and juveniles who have a mental illness, substance abuse
170 disorder, or co-occurring mental health and substance abuse
171 disorders and who are in, or at risk of entering, the criminal
172 or juvenile justice systems.
173 (2) The department shall establish a Criminal Justice,
174 Mental Health, and Substance Abuse Statewide Grant Review
175 Committee. The committee shall include:
176 (a) One representative of the Department of Children and
177 Families;
178 (b) One representative of the Department of Corrections;
179 (c) One representative of the Department of Juvenile
180 Justice;
181 (d) One representative of the Department of Elderly
182 Affairs; and
183 (e) One representative of the Office of the State Courts
184 Administrator;
185 (f) One representative of the Department of Veterans’
186 Affairs;
187 (g) One representative of the Florida Sheriffs Association;
188 (h) One representative of the Florida Police Chiefs
189 Association;
190 (i) One representative of the Florida Association of
191 Counties;
192 (j) One representative of the Florida Alcohol and Drug
193 Abuse Association; and
194 (k) One representative from the Florida Council for
195 Community Mental Health.
196
197 The committee shall serve as the advisory body to review policy
198 and funding issues that help reduce the impact of persons with
199 mental illness and substance abuse disorders on communities and
200 the court system. The committee shall advise the department in
201 selecting priorities for applying and reviewing grants and
202 investing awarded grant moneys.
203 (3) In addition to the committee established pursuant to
204 subsection (2), the department shall create a grant review and
205 selection committee. To the extent possible, the members of the
206 grant review and selection committee shall have expertise in the
207 content areas relating to grant applications, including, but not
208 limited to, substance abuse and mental health disorders,
209 community corrections, and law enforcement. In addition, members
210 shall have experience in grant writing, grant reviewing, and
211 grant application scoring.
212 (4)(a)(3)(a) A county, or a not-for-profit community
213 provider designated by a local county planning council or
214 committee described in s. 394.657, may apply for a 1-year
215 planning grant or a 3-year implementation or expansion grant.
216 The purpose of the grants is to demonstrate that investment in
217 treatment efforts related to mental illness, substance abuse
218 disorders, or co-occurring mental health and substance abuse
219 disorders results in a reduced demand on the resources of the
220 judicial, corrections, juvenile detention, and health and social
221 services systems.
222 (b) To be eligible to receive a 1-year planning grant or a
223 3-year implementation or expansion grant, a county applicant
224 must have a county planning council or committee that is in
225 compliance with the membership requirements set forth in this
226 section.
227 (5)(4) The Criminal Justice, Mental Health, and Substance
228 Abuse Statewide Grant Review Committee shall notify the
229 Department of Children and Families in writing of the names of
230 the applicants who have been selected by the committee to
231 receive a grant. Contingent upon the availability of funds and
232 upon notification by the review committee of those applicants
233 approved to receive planning, implementation, or expansion
234 grants, the Department of Children and Families may transfer
235 funds appropriated for the grant program to an approved
236 applicant any county awarded a grant.
237 Section 3. Present paragraphs (b) through (g) of subsection
238 (7) of section 394.9082, Florida Statutes, are redesignated as
239 paragraphs (c) through (h), respectively, a new paragraph (b) is
240 added to that subsection, present paragraphs (c) and (d) of that
241 subsection are amended, present subsections (10) and (11) of
242 that section are redesignated as subsections (11) and (12),
243 respectively, and a new subsection (10) is added to that
244 section, to read:
245 394.9082 Behavioral health managing entities.—
246 (7) MANAGING ENTITY REQUIREMENTS.—The department may adopt
247 rules and standards and a process for the qualification and
248 operation of managing entities which are based, in part, on the
249 following criteria:
250 (b) A managing entity shall establish a process for the
251 enrollment of the state’s priority substance abuse and mental
252 health populations into substance abuse and mental health
253 services. The department shall establish enrollment criteria to
254 be implemented by managing entities and their contracted service
255 providers. A client’s enrollment establishes the client’s
256 eligibility to receive services and the department’s
257 participation in the cost of such services. A person seeking
258 services may not be denied services pending his or her
259 enrollment.
260 (d)(c) A managing entity must submit a network management
261 plan and budget in a form and manner determined by the
262 department. The plan must detail the means for implementing the
263 duties to be contracted to the managing entity and the
264 efficiencies to be anticipated by the department as a result of
265 executing the contract. The department may require modifications
266 to the plan and must approve the plan before contracting with a
267 managing entity. The department may contract with a managing
268 entity that demonstrates readiness to assume core functions, and
269 may continue to add functions and responsibilities to the
270 managing entity’s contract over time as additional competencies
271 are developed as identified in paragraph (h) (g).
272 Notwithstanding other provisions of this section, the department
273 may continue and expand managing entity contracts if the
274 department determines that the managing entity meets the
275 requirements specified in this section.
276 (e)(d) Notwithstanding paragraphs (c) (b) and (d) (c), a
277 managing entity that is currently a fully integrated system
278 providing mental health and substance abuse services, Medicaid,
279 and child welfare services is permitted to continue operating
280 under its current governance structure as long as the managing
281 entity can demonstrate to the department that consumers, other
282 stakeholders, and network providers are included in the planning
283 process.
284 (10) CRISIS STABILIZATION SERVICES UTILIZATION DATABASE.
285 The department shall develop, implement, and maintain standards
286 under which a managing entity shall collect utilization data
287 from all public receiving facilities situated within its
288 geographic service area. As used in this subsection, the term
289 “public receiving facility” means an entity that meets the
290 licensure requirements of and is designated by the department to
291 operate as a public receiving facility under s. 394.875 and that
292 is operating as a licensed crisis stabilization unit.
293 (a) The department shall develop standards and protocols
294 for managing entities and public receiving facilities to use in
295 the collection, storage, transmittal, and analysis of data. The
296 standards and protocols must allow for compatibility of data and
297 data transmittal between public receiving facilities, managing
298 entities, and the department for the implementation and
299 requirements of this subsection. The department shall require
300 managing entities contracted under this section to comply with
301 this subsection by August 1, 2015.
302 (b) A managing entity shall require a public receiving
303 facility within its provider network to submit data to the
304 managing entity, in real time or at least daily, for:
305 1. All admissions and discharges of clients receiving
306 public receiving facility services who qualify as indigent, as
307 defined in s. 394.4787; and
308 2. Current active census of total licensed beds, the number
309 of beds purchased by the department, the number of clients
310 qualifying as indigent occupying those beds, and the total
311 number of unoccupied licensed beds regardless of funding.
312 (c) A managing entity shall require a public receiving
313 facility within its provider network to submit data, on a
314 monthly basis, to the managing entity which aggregates the daily
315 data submitted under paragraph (b). The managing entity shall
316 reconcile the data in the monthly submission to the data
317 received by the managing entity under paragraph (b) to check for
318 consistency. If the monthly aggregate data submitted by a public
319 receiving facility under this paragraph is inconsistent with the
320 daily data submitted under paragraph (b), the managing entity
321 shall consult with the public receiving facility to make
322 corrections as necessary to ensure accurate data.
323 (d) A managing entity shall require a public receiving
324 facility within its provider network to submit data, on an
325 annual basis, to the managing entity which aggregates the data
326 submitted and reconciled under paragraph (c). The managing
327 entity shall reconcile the data in the annual submission to the
328 data received and reconciled by the managing entity under
329 paragraph (c) to check for consistency. If the annual aggregate
330 data submitted by a public receiving facility under this
331 paragraph is inconsistent with the data received and reconciled
332 under paragraph (c), the managing entity shall consult with the
333 public receiving facility to make corrections as necessary to
334 ensure accurate data.
335 (e) After ensuring accurate data under paragraphs (c) and
336 (d), the managing entity shall submit the data to the department
337 on a monthly and an annual basis. The department shall create a
338 statewide database for the data described under paragraph (b)
339 and submitted under this paragraph for the purpose of analyzing
340 the payments for and the use of crisis stabilization services
341 funded under the Baker Act on a statewide basis and on an
342 individual public receiving facility basis.
343 (f) The department shall adopt rules to administer this
344 subsection.
345 (g) The department shall submit a report by January 31,
346 2016, and annually thereafter, to the Governor, the President of
347 the Senate, and the Speaker of the House of Representatives
348 which provides details on the implementation of this subsection,
349 including the status of the data collection process and a
350 detailed analysis of the data collected under this subsection.
351 (h) The implementation of this subsection is subject to
352 specific appropriations provided to the department under the
353 General Appropriations Act.
354 Section 4. Paragraph (c) is added to subsection (8) of
355 section 409.906, Florida Statutes, to read:
356 409.906 Optional Medicaid services.—Subject to specific
357 appropriations, the agency may make payments for services which
358 are optional to the state under Title XIX of the Social Security
359 Act and are furnished by Medicaid providers to recipients who
360 are determined to be eligible on the dates on which the services
361 were provided. Any optional service that is provided shall be
362 provided only when medically necessary and in accordance with
363 state and federal law. Optional services rendered by providers
364 in mobile units to Medicaid recipients may be restricted or
365 prohibited by the agency. Nothing in this section shall be
366 construed to prevent or limit the agency from adjusting fees,
367 reimbursement rates, lengths of stay, number of visits, or
368 number of services, or making any other adjustments necessary to
369 comply with the availability of moneys and any limitations or
370 directions provided for in the General Appropriations Act or
371 chapter 216. If necessary to safeguard the state’s systems of
372 providing services to elderly and disabled persons and subject
373 to the notice and review provisions of s. 216.177, the Governor
374 may direct the Agency for Health Care Administration to amend
375 the Medicaid state plan to delete the optional Medicaid service
376 known as “Intermediate Care Facilities for the Developmentally
377 Disabled.” Optional services may include:
378 (8) COMMUNITY MENTAL HEALTH SERVICES.—
379 (c) The agency shall submit a federal waiver or a Medicaid
380 state plan amendment for the provision of health homes for
381 individuals with chronic conditions, including those with severe
382 mental illnesses or substance use disorders, as authorized under
383 42 U.S.C. s. 1396w-4. The waiver or plan amendment shall allow
384 for a health home services provider to be reimbursed for the
385 delivery of primary care services and other core services. The
386 agency shall direct managed care plans to incorporate providers
387 with health homes into their network and to reimburse the health
388 home services providers for any services delivered.
389 1. To be eligible for inclusion in a health home program, a
390 Medicaid beneficiary must have at least two chronic health
391 conditions, must have one chronic health condition and is at
392 risk of having a second chronic health condition, or must have
393 one serious and persistent mental health condition.
394 2. A health home must meet standards developed by the Joint
395 Commission or the Commission on Accreditation of Rehabilitation
396 Facilities and be a behavioral health organization that provides
397 screening, evaluation, crisis intervention, medication
398 management, psychosocial treatment and rehabilitation, care
399 management, and community integration and support services
400 designed to assist individuals in addressing their behavioral
401 health care needs. In addition, a health home must:
402 a. Embody a recovery-focused model of care which respects
403 and promotes independence and recovery.
404 b. Promote healthy lifestyles and provide prevention and
405 education services that focus on wellness and self-care.
406 c. Ensure access to and coordinate care across prevention,
407 primary care, and specialty health care services.
408 d. Monitor critical health indicators.
409 e. Support individuals in the self-management of chronic
410 health conditions.
411 f. Coordinate and monitor emergency room visits and
412 hospitalizations, including participation in transition and
413 discharge planning and followup.
414 Section 5. Paragraph (e) is added to subsection (10) of
415 section 29.004, Florida Statutes, to read:
416 29.004 State courts system.—For purposes of implementing s.
417 14, Art. V of the State Constitution, the elements of the state
418 courts system to be provided from state revenues appropriated by
419 general law are as follows:
420 (10) Case management. Case management includes:
421 (e) Service referral, coordination, monitoring, and
422 tracking for treatment-based mental health court programs under
423 s. 394.47892.
424
425 Case management may not include costs associated with the
426 application of therapeutic jurisprudence principles by the
427 courts. Case management also may not include case intake and
428 records management conducted by the clerk of court.
429 Section 6. Subsection (6) of section 39.001, Florida
430 Statutes, is amended to read:
431 39.001 Purposes and intent; personnel standards and
432 screening.—
433 (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
434 (a) The Legislature recognizes that early referral and
435 comprehensive treatment can help combat mental illnesses and
436 substance abuse disorders in families and that treatment is
437 cost-effective.
438 (b) The Legislature establishes the following goals for the
439 state related to mental illness and substance abuse treatment
440 services in the dependency process:
441 1. To ensure the safety of children.
442 2. To prevent and remediate the consequences of mental
443 illnesses and substance abuse disorders on families involved in
444 protective supervision or foster care and reduce the occurrences
445 of mental illnesses and substance abuse disorders, including
446 alcohol abuse or related disorders, for families who are at risk
447 of being involved in protective supervision or foster care.
448 3. To expedite permanency for children and reunify healthy,
449 intact families, when appropriate.
450 4. To support families in recovery.
451 (c) The Legislature finds that children in the care of the
452 state’s dependency system need appropriate health care services,
453 that the impact of mental illnesses and substance abuse
454 disorders on health indicates the need for health care services
455 to include treatment for mental health and substance abuse
456 disorders services to children and parents where appropriate,
457 and that it is in the state’s best interest that such children
458 be provided the services they need to enable them to become and
459 remain independent of state care. In order to provide these
460 services, the state’s dependency system must have the ability to
461 identify and provide appropriate intervention and treatment for
462 children with personal or family-related mental illness and
463 substance abuse problems.
464 (d) It is the intent of the Legislature to encourage the
465 use of the treatment-based mental health court program model
466 established by s. 394.47892 and drug court program model
467 established by s. 397.334 and authorize courts to assess
468 children and persons who have custody or are requesting custody
469 of children where good cause is shown to identify and address
470 mental illnesses and substance abuse disorders problems as the
471 court deems appropriate at every stage of the dependency
472 process. Participation in treatment, including a treatment-based
473 mental health court program or a treatment-based drug court
474 program, may be required by the court following adjudication.
475 Participation in assessment and treatment before prior to
476 adjudication is shall be voluntary, except as provided in s.
477 39.407(16).
478 (e) It is therefore the purpose of the Legislature to
479 provide authority for the state to contract with mental health
480 service providers and community substance abuse treatment
481 providers for the development and operation of specialized
482 support and overlay services for the dependency system, which
483 will be fully implemented and used as resources permit.
484 (f) Participation in a treatment-based mental health court
485 program or a the treatment-based drug court program does not
486 divest any public or private agency of its responsibility for a
487 child or adult, but is intended to enable these agencies to
488 better meet their needs through shared responsibility and
489 resources.
490 Section 7. Subsection (10) of section 39.507, Florida
491 Statutes, is amended to read:
492 39.507 Adjudicatory hearings; orders of adjudication.—
493 (10) After an adjudication of dependency, or a finding of
494 dependency where adjudication is withheld, the court may order a
495 person who has custody or is requesting custody of the child to
496 submit to a mental health or substance abuse disorder assessment
497 or evaluation. The assessment or evaluation must be administered
498 by a qualified professional, as defined in s. 397.311. The court
499 may also require such person to participate in and comply with
500 treatment and services identified as necessary, including, when
501 appropriate and available, participation in and compliance with
502 a treatment-based mental health court program established under
503 s. 394.47892 or a treatment-based drug court program established
504 under s. 397.334. In addition to supervision by the department,
505 the court, including the treatment-based mental health court
506 program or treatment-based drug court program, may oversee the
507 progress and compliance with treatment by a person who has
508 custody or is requesting custody of the child. The court may
509 impose appropriate available sanctions for noncompliance upon a
510 person who has custody or is requesting custody of the child or
511 make a finding of noncompliance for consideration in determining
512 whether an alternative placement of the child is in the child’s
513 best interests. Any order entered under this subsection may be
514 made only upon good cause shown. This subsection does not
515 authorize placement of a child with a person seeking custody,
516 other than the parent or legal custodian, who requires mental
517 health or substance abuse disorder treatment.
518 Section 8. Paragraph (b) of subsection (1) of section
519 39.521, Florida Statutes, is amended to read:
520 39.521 Disposition hearings; powers of disposition.—
521 (1) A disposition hearing shall be conducted by the court,
522 if the court finds that the facts alleged in the petition for
523 dependency were proven in the adjudicatory hearing, or if the
524 parents or legal custodians have consented to the finding of
525 dependency or admitted the allegations in the petition, have
526 failed to appear for the arraignment hearing after proper
527 notice, or have not been located despite a diligent search
528 having been conducted.
529 (b) When any child is adjudicated by a court to be
530 dependent, the court having jurisdiction of the child has the
531 power by order to:
532 1. Require the parent and, when appropriate, the legal
533 custodian and the child to participate in treatment and services
534 identified as necessary. The court may require the person who
535 has custody or who is requesting custody of the child to submit
536 to a mental health or substance abuse disorder assessment or
537 evaluation. The assessment or evaluation must be administered by
538 a qualified professional, as defined in s. 397.311. The court
539 may also require such person to participate in and comply with
540 treatment and services identified as necessary, including, when
541 appropriate and available, participation in and compliance with
542 a treatment-based mental health court program established under
543 s. 394.47892 or treatment-based drug court program established
544 under s. 397.334. In addition to supervision by the department,
545 the court, including the treatment-based mental health court
546 program or treatment-based drug court program, may oversee the
547 progress and compliance with treatment by a person who has
548 custody or is requesting custody of the child. The court may
549 impose appropriate available sanctions for noncompliance upon a
550 person who has custody or is requesting custody of the child or
551 make a finding of noncompliance for consideration in determining
552 whether an alternative placement of the child is in the child’s
553 best interests. Any order entered under this subparagraph may be
554 made only upon good cause shown. This subparagraph does not
555 authorize placement of a child with a person seeking custody of
556 the child, other than the child’s parent or legal custodian, who
557 requires mental health or substance abuse disorder treatment.
558 2. Require, if the court deems necessary, the parties to
559 participate in dependency mediation.
560 3. Require placement of the child either under the
561 protective supervision of an authorized agent of the department
562 in the home of one or both of the child’s parents or in the home
563 of a relative of the child or another adult approved by the
564 court, or in the custody of the department. Protective
565 supervision continues until the court terminates it or until the
566 child reaches the age of 18, whichever date is first. Protective
567 supervision shall be terminated by the court whenever the court
568 determines that permanency has been achieved for the child,
569 whether with a parent, another relative, or a legal custodian,
570 and that protective supervision is no longer needed. The
571 termination of supervision may be with or without retaining
572 jurisdiction, at the court’s discretion, and shall in either
573 case be considered a permanency option for the child. The order
574 terminating supervision by the department shall set forth the
575 powers of the custodian of the child and shall include the
576 powers ordinarily granted to a guardian of the person of a minor
577 unless otherwise specified. Upon the court’s termination of
578 supervision by the department, no further judicial reviews are
579 required, so long as permanency has been established for the
580 child.
581 Section 9. The Agency for Health Care Administration shall
582 apply to the United States Department of Health and Human
583 Services for a planning grant and any other subsequent grant
584 programs that become available through s. 203 of the federal
585 Protecting Access to Medicare Act of 2014, Pub. L. No. 113-93,
586 and that create opportunity to improve access to community
587 mental health services while improving Medicaid reimbursement
588 rates for such services. The agency shall collaborate with the
589 Department of Children and Families in preparing the state’s
590 application for submission.
591 Section 10. This act shall take effect July 1, 2015.