Florida Senate - 2015 CS for SB 320
By the Committee on Fiscal Policy; and Senators Gaetz and
Clemens
594-01953-15 2015320c1
1 A bill to be entitled
2 An act relating to adoption and foster care; amending
3 s. 39.0016, F.S.; revising what the Department of
4 Children and Families must do when required to enter
5 into agreements with specified entities; amending s.
6 39.812, F.S.; requiring the community-based care lead
7 agency to visit in person or contact by telephone the
8 child and the child’s adoptive family 1 year after the
9 date the adoption is finalized; requiring the agency
10 to document specified information; requiring the
11 agency to submit a report annually to the department;
12 amending s. 409.145, F.S.; revising caregiver roles
13 and responsibilities; revising the roles and
14 responsibilities of the department, the community
15 based care lead agency, and other agency staff;
16 creating s. 409.1662, F.S.; providing the purpose of
17 the adoption incentive program; directing the
18 Department of Children and Families to establish an
19 adoption incentive program for certain agencies and
20 subcontractors; requiring that the department conduct
21 a comprehensive baseline assessment of lead agencies
22 and provider performance and compile annual data for
23 the most recent 5 years of available data; requiring
24 the department to update the assessment annually;
25 providing a nonexclusive list of factors for the
26 assessment to identify; requiring that the department
27 negotiate outcome-based agreements; requiring that
28 several factors be included in the agreements;
29 requiring the department to allocate incentive
30 payments; requiring the department to report annually
31 by a certain date specified information to the
32 Governor and the Legislature; creating s. 409.1664,
33 F.S.; defining terms; providing certain amounts
34 payable to a qualifying adoptive employee who adopts
35 specified children under certain circumstances,
36 subject to applicable taxes; providing prorated
37 payments for a part-time employee and limiting the
38 monetary benefit to one award per child; requiring
39 that a qualifying adoptive employee apply to the
40 agency head for the monetary benefit on forms approved
41 by the department and include a certified copy of the
42 final order of adoption; providing that the rights
43 offered by this act do not preclude a qualifying
44 adoptive employee who adopts a special needs child
45 from receiving any other assistance or incentive;
46 requiring that parental leave for qualifying adoptive
47 employees be provided; requiring the department to
48 adopt rules; requiring the Chief Financial Officer to
49 submit payment to a qualifying adoptive employee
50 depending on where he or she works; requiring state
51 agencies to develop uniform procedures for informing
52 employees about this benefit and for assisting the
53 department in making eligibility determinations and
54 processing applications; creating s. 409.1666, F.S.;
55 requiring the Governor to annually select and
56 recognize certain individuals, families, or
57 organizations for adoption achievement awards;
58 requiring the department to define categories for the
59 achievement awards and seek nominations for potential
60 recipients; authorizing a direct-support organization
61 established by the Office of Adoption and Child
62 Protection to accept donations of products or services
63 from private sources to be given to the recipients of
64 the adoption achievement awards; amending s. 409.175,
65 F.S.; requiring licensed child-placing agencies
66 providing adoption services for intercountry adoptions
67 to meet specified requirements; requiring an adoption
68 agency in this state which provides certain services
69 to maintain records with specified information;
70 providing appropriations; providing an effective date.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Paragraph (b) of subsection (2) of section
75 39.0016, Florida Statutes, is amended to read:
76 39.0016 Education of abused, neglected, and abandoned
77 children; agency agreements; children having or suspected of
78 having a disability.—
79 (2) AGENCY AGREEMENTS.—
80 (b) The department shall enter into agreements with
81 district school boards or other local educational entities
82 regarding education and related services for children known to
83 the department who are of school age and children known to the
84 department who are younger than school age but who would
85 otherwise qualify for services from the district school board.
86 Such agreements shall include, but are not limited to:
87 1. A requirement that the department shall:
88 a. Ensure Enroll children known to the department are
89 enrolled in school or in the best educational setting that meets
90 the needs of the child. The agreement shall provide for
91 continuing the enrollment of a child known to the department at
92 the same school of origin when, if possible if it is in the best
93 interest of the child, with the goal of minimal avoiding
94 disruption of education.
95 b. Notify the school and school district in which a child
96 known to the department is enrolled of the name and phone number
97 of the child known to the department caregiver and caseworker
98 for child safety purposes.
99 c. Establish a protocol for the department to share
100 information about a child known to the department with the
101 school district, consistent with the Family Educational Rights
102 and Privacy Act, since the sharing of information will assist
103 each agency in obtaining education and related services for the
104 benefit of the child. The protocol must require the district
105 school boards or other local educational entities to access the
106 department’s Florida Safe Families Network to obtain information
107 about children known to the department, consistent with the
108 Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
109 1232g.
110 d. Notify the school district of the department’s case
111 planning for a child known to the department, both at the time
112 of plan development and plan review. Within the plan development
113 or review process, the school district may provide information
114 regarding the child known to the department if the school
115 district deems it desirable and appropriate.
116 e. Show no prejudice against out-of-home caregivers who
117 desire to educate at home any children placed in their home
118 through the child welfare system.
119 2. A requirement that the district school board shall:
120 a. Provide the department with a general listing of the
121 services and information available from the district school
122 board to facilitate educational access for a child known to the
123 department.
124 b. Identify all educational and other services provided by
125 the school and school district which the school district
126 believes are reasonably necessary to meet the educational needs
127 of a child known to the department.
128 c. Determine whether transportation is available for a
129 child known to the department when such transportation will
130 avoid a change in school assignment due to a change in
131 residential placement. Recognizing that continued enrollment in
132 the same school throughout the time the child known to the
133 department is in out-of-home care is preferable unless
134 enrollment in the same school would be unsafe or otherwise
135 impractical, the department, the district school board, and the
136 Department of Education shall assess the availability of
137 federal, charitable, or grant funding for such transportation.
138 d. Provide individualized student intervention or an
139 individual educational plan when a determination has been made
140 through legally appropriate criteria that intervention services
141 are required. The intervention or individual educational plan
142 must include strategies to enable the child known to the
143 department to maximize the attainment of educational goals.
144 3. A requirement that the department and the district
145 school board shall cooperate in accessing the services and
146 supports needed for a child known to the department who has or
147 is suspected of having a disability to receive an appropriate
148 education consistent with the Individuals with Disabilities
149 Education Act and state implementing laws, rules, and
150 assurances. Coordination of services for a child known to the
151 department who has or is suspected of having a disability may
152 include:
153 a. Referral for screening.
154 b. Sharing of evaluations between the school district and
155 the department where appropriate.
156 c. Provision of education and related services appropriate
157 for the needs and abilities of the child known to the
158 department.
159 d. Coordination of services and plans between the school
160 and the residential setting to avoid duplication or conflicting
161 service plans.
162 e. Appointment of a surrogate parent, consistent with the
163 Individuals with Disabilities Education Act and pursuant to
164 subsection (3), for educational purposes for a child known to
165 the department who qualifies.
166 f. For each child known to the department 14 years of age
167 and older, transition planning by the department and all
168 providers, including the department’s independent living program
169 staff, to meet the requirements of the local school district for
170 educational purposes.
171 Section 2. Subsection (6) is added to section 39.812,
172 Florida Statutes, to read:
173 39.812 Postdisposition relief; petition for adoption.—
174 (6)(a) Once a child’s adoption is finalized, the community
175 based care lead agency is required to make a reasonable effort
176 to make contact with the adoptive family either in person or by
177 telephone 1 year after the date of finalization of the adoption
178 as a post-adoption service. If the family has relocated to
179 another state, the required contact may occur by telephone. For
180 the purposes of this subsection, the term “reasonable effort”
181 means the exercise of reasonable diligence and care by the
182 community-based care lead agency to make contact with the
183 adoptive family. At a minimum, the community-based care lead
184 agency must document the following:
185 1. The number of attempts made by the community-based care
186 lead agency to contact the adoptive family and whether those
187 attempts were successful;
188 2. The types of post-adoption services that were requested
189 by the adoptive family and whether those services were provided
190 by the community-based care lead agency; and
191 3. Any feedback received by the community-based care lead
192 agency from the adoptive family related to the quality or
193 effectiveness of services provided; and
194 (b) The community-based care lead agency must annually
195 report to the department on the outcomes achieved and
196 recommendations for improvement under this subsection.
197 Section 3. Subsection (2) of section 409.145, Florida
198 Statutes, is amended to read:
199 409.145 Care of children; quality parenting; “reasonable
200 and prudent parent” standard.—The child welfare system of the
201 department shall operate as a coordinated community-based system
202 of care which empowers all caregivers for children in foster
203 care to provide quality parenting, including approving or
204 disapproving a child’s participation in activities based on the
205 caregiver’s assessment using the “reasonable and prudent parent”
206 standard.
207 (2) QUALITY PARENTING.—A child in foster care shall be
208 placed only with a caregiver who has the ability to care for the
209 child, is willing to accept responsibility for providing care,
210 and is willing and able to learn about and be respectful of the
211 child’s culture, religion and ethnicity, special physical or
212 psychological needs, any circumstances unique to the child, and
213 family relationships. The department, the community-based care
214 lead agency, and other agencies shall provide such caregiver
215 with all available information necessary to assist the caregiver
216 in determining whether he or she is able to appropriately care
217 for a particular child.
218 (a) Roles and responsibilities of caregivers.—A caregiver
219 shall:
220 1. Participate in developing the case plan for the child
221 and his or her family and work with others involved in his or
222 her care to implement this plan. This participation includes the
223 caregiver’s involvement in all team meetings or court hearings
224 related to the child’s care.
225 2. Complete all training needed to improve skills in
226 parenting a child who has experienced trauma due to neglect,
227 abuse, or separation from home, to meet the child’s special
228 needs, and to work effectively with child welfare agencies, the
229 court, the schools, and other community and governmental
230 agencies.
231 3. Respect and support the child’s ties to members of his
232 or her biological family and assist the child in maintaining
233 allowable visitation and other forms of communication.
234 4. Effectively advocate for the child in the caregiver’s
235 care with the child welfare system, the court, and community
236 agencies, including the school, child care, health and mental
237 health providers, and employers.
238 5. Participate fully in the child’s medical, psychological,
239 and dental care as the caregiver would for his or her biological
240 child.
241 6. Support the child’s educational school success by
242 participating in school activities and meetings associated with
243 the child’s school or other educational setting, including
244 Individual Education Plan meetings and meetings with an
245 educational surrogate if one has been appointed, assisting with
246 school assignments, supporting tutoring programs, meeting with
247 teachers and working with an educational surrogate if one has
248 been appointed, and encouraging the child’s participation in
249 extracurricular activities.
250 a. Maintaining educational stability for a child while in
251 out-of-home care by allowing the child to remain in the school
252 or educational setting he or she attended before entry into out
253 of-home care is the first priority, unless it is not in the best
254 interest of the child.
255 b. If it is not in the best interest of the child to remain
256 in his or her school or educational setting upon entry into out
257 of-home care, the caregiver must work with the case manager,
258 guardian ad litem, teachers and guidance counselors, and
259 educational surrogate if one has been appointed, to determine
260 the best educational setting for the child. Those settings may
261 include a public school that is not the school of origin, a
262 private school pursuant to s. 1002.42, virtual education
263 programs pursuant to s. 1002.45, or education at home pursuant
264 to s. 1002.41.
265 7. Work in partnership with other stakeholders to obtain
266 and maintain records that are important to the child’s well
267 being, including child resource records, medical records, school
268 records, photographs, and records of special events and
269 achievements.
270 8. Ensure that the child in the caregiver’s care who is
271 between 13 and 17 years of age learns and masters independent
272 living skills.
273 9. Ensure that the child in the caregiver’s care is aware
274 of the requirements and benefits of the Road-to-Independence
275 Program.
276 10. Work to enable the child in the caregiver’s care to
277 establish and maintain naturally occurring mentoring
278 relationships.
279 (b) Roles and responsibilities of the department, the
280 community-based care lead agency, and other agency staff.—The
281 department, the community-based care lead agency, and other
282 agency staff shall:
283 1. Include a caregiver in the development and
284 implementation of the case plan for the child and his or her
285 family. The caregiver shall be authorized to participate in all
286 team meetings or court hearings related to the child’s care and
287 future plans. The caregiver’s participation shall be facilitated
288 through timely notification, an inclusive process, and
289 alternative methods for participation for a caregiver who cannot
290 be physically present.
291 2. Develop and make available to the caregiver the
292 information, services, training, and support that the caregiver
293 needs to improve his or her skills in parenting children who
294 have experienced trauma due to neglect, abuse, or separation
295 from home, to meet these children’s special needs, and to
296 advocate effectively with child welfare agencies, the courts,
297 schools, and other community and governmental agencies.
298 3. Provide the caregiver with all information related to
299 services and other benefits that are available to the child.
300 4. Show no prejudice against a caregiver who desires to
301 educate at home any children placed in his or her home through
302 the child welfare system.
303 (c) Transitions.—
304 1. Once a caregiver accepts the responsibility of caring
305 for a child, the child will be removed from the home of that
306 caregiver only if:
307 a. The caregiver is clearly unable to safely or legally
308 care for the child;
309 b. The child and his or her biological family are
310 reunified;
311 c. The child is being placed in a legally permanent home
312 pursuant to the case plan or a court order; or
313 d. The removal is demonstrably in the child’s best
314 interest.
315 2. In the absence of an emergency, if a child leaves the
316 caregiver’s home for a reason provided under subparagraph 1.,
317 the transition must be accomplished according to a plan that
318 involves cooperation and sharing of information among all
319 persons involved, respects the child’s developmental stage and
320 psychological needs, ensures the child has all of his or her
321 belongings, allows for a gradual transition from the caregiver’s
322 home and, if possible, for continued contact with the caregiver
323 after the child leaves.
324 (d) Information sharing.—Whenever a foster home or
325 residential group home assumes responsibility for the care of a
326 child, the department and any additional providers shall make
327 available to the caregiver as soon as is practicable all
328 relevant information concerning the child. Records and
329 information that are required to be shared with caregivers
330 include, but are not limited to:
331 1. Medical, dental, psychological, psychiatric, and
332 behavioral history, as well as ongoing evaluation or treatment
333 needs;
334 2. School records;
335 3. Copies of his or her birth certificate and, if
336 appropriate, immigration status documents;
337 4. Consents signed by parents;
338 5. Comprehensive behavioral assessments and other social
339 assessments;
340 6. Court orders;
341 7. Visitation and case plans;
342 8. Guardian ad litem reports;
343 9. Staffing forms; and
344 10. Judicial or citizen review panel reports and
345 attachments filed with the court, except confidential medical,
346 psychiatric, and psychological information regarding any party
347 or participant other than the child.
348 (e) Caregivers employed by residential group homes.—All
349 caregivers in residential group homes shall meet the same
350 education, training, and background and other screening
351 requirements as foster parents.
352 Section 4. Section 409.1662, Florida Statutes, is created
353 to read:
354 409.1662 Children within the child welfare system; adoption
355 incentive program.—
356 (1) PURPOSE.—The purpose of the adoption incentive program
357 is to advance the state’s achievement of permanency, stability,
358 and well-being in living arrangements for children in foster
359 care who cannot be reunited with their families. The department
360 shall establish the adoption incentive program to award
361 incentive payment to community-based care lead agencies, as
362 defined in s. 409.986, and their subcontractors that are
363 involved in the adoption process for achievement of specific and
364 measurable adoption performance standards that lead to
365 permanency, stability, and well-being for children.
366 (2) ADMINISTRATION OF THE PROGRAM.—
367 (a) The department shall conduct a comprehensive baseline
368 assessment of the performance of lead agencies and providers
369 related to adoption of children from foster care. The assessment
370 shall compile annual data for each of the most recent 5 years
371 for which data is available. The department shall update the
372 assessment annually. At a minimum, the assessment shall
373 identify:
374 1. The number of families attempting to adopt children from
375 foster care and the number of families completing the adoption
376 process.
377 2. The number of children eligible for adoption and the
378 number of children whose adoptions were finalized.
379 3. The amount of time eligible children waited for
380 adoption.
381 4. The number of adoptions that resulted in disruption or
382 dissolution and the subset of those disrupted adoptions that
383 were preventable by the community-based care lead agency or the
384 subcontracted provider.
385 5. The time taken to complete each phase of the adoption
386 process.
387 6. The expenditures made to recruit adoptive homes and a
388 description of any initiative to improve adoption performance or
389 streamline the adoption process.
390 7. The results of any specific effort to gather feedback
391 from prospective adoptive parents, adoptive parents, children in
392 the child welfare system, adoptees, and other stakeholders.
393 8. The use of evidence-based, evidence-informed, promising,
394 and innovative practices in recruitment, orientation, and
395 preparation of appropriate adoptive families, matching children
396 with families, supporting children during the adoption process,
397 and providing post-adoptive support.
398 (b) Using the information from the baseline assessment, the
399 department shall annually negotiate outcome-based agreements
400 with lead agencies and their subcontracted providers. The
401 agreements must establish measurable outcome targets to increase
402 the number of adoptions resulting in permanent placements that
403 enhance children’s well-being. The agreements will define the
404 method for measuring performance and for determining the level
405 of performance required to earn the incentive payment, and the
406 amount of the incentive payment which may be earned for each
407 target.
408 (3) INCENTIVE PAYMENTS.—
409 (a) The department shall allocate incentive payments to
410 performance improvement targets in a manner that ensures that
411 total payments do not exceed the amount appropriated for this
412 purpose.
413 (b) The department shall ensure that the amount of the
414 incentive payments are proportionate to the value of the
415 performance improvement.
416 (4) REPORT.—The department shall report annually by
417 November 15 to the Governor, the President of the Senate, and
418 the Speaker of the House of Representatives on the negotiated
419 targets set for, outcomes achieved by, and incentive payments
420 made to each community-based care lead agency during the
421 previous fiscal year. The department shall also report on the
422 program enhancements made by each community-based care lead
423 agency and its subcontractors to achieve negotiated outcomes
424 under this section.
425 Section 5. Section 409.1664, Florida Statutes, is created
426 to read:
427 409.1664 Adoption benefits for qualifying adoptive
428 employees of state agencies.—
429 (1) As used in this section, the term:
430 (a) “Child within the child welfare system” has the same
431 meaning as in s. 409.166.
432 (b) “Qualifying adoptive employee” means a full-time or
433 part-time employee of a state agency who is paid from regular
434 salary appropriations, or otherwise meets the state agency
435 employer’s definition of a regular rather than temporary
436 employee, and who adopts a child within the child welfare system
437 pursuant to chapter 63 on or after January 1, 2015. The term
438 includes instructional personnel, as defined in s. 1012.01,
439 employed by the Florida School for the Deaf and the Blind.
440 (c) “State agency” means a branch, department, or agency of
441 state government for which the Chief Financial Officer processes
442 payroll requisitions, a state university or Florida College
443 System institution as defined in s. 1000.21, a school district
444 unit as defined in s. 1001.30, or a water management district as
445 defined in s. 373.019.
446 (2) A qualifying adoptive employee that adopts a child
447 within the child welfare system who has special needs as
448 described in s. 409.166(2)(a)2. is eligible to receive a lump
449 sum benefit in the amount of $10,000 per child, subject to
450 applicable taxes. A qualifying adoptive employee that adopts a
451 child within the child welfare system who does not have the
452 special needs as described in s. 409.166(2)(a)2. is eligible to
453 receive a lump sum benefit in the amount of $5,000 per child,
454 subject to applicable taxes.
455 (a) Benefits paid to a qualifying adoptive employee who is
456 a part-time employee must be prorated based on the qualifying
457 adoptive employee’s full-time equivalency at the time of
458 applying for the benefits.
459 (b) Benefits under this section are limited to one award
460 per adopted child within the child welfare system.
461 (c) The payment of a lump-sum benefit for adopting a child
462 within the child welfare system under this section is subject to
463 a specific appropriation to the department for such purpose.
464 (3) A qualifying adoptive employee must apply to his or her
465 agency head to obtain the benefit provided in subsection (2).
466 Applications must be on forms approved by the department and
467 must include a certified copy of the final order of adoption
468 naming the applicant as the adoptive parent.
469 (4) This section does not preclude a qualifying adoptive
470 employee from receiving adoption assistance he or she may
471 qualify for under s. 409.166 or any other statute that provides
472 financial incentives for the adoption of children.
473 (5) Parental leave for a qualifying adoptive employee must
474 be provided in accordance with the personnel policies and
475 procedures of the employee’s state agency employer.
476 (6) The department shall adopt rules to administer this
477 section. The rules may provide for an application process such
478 as, but not limited to, an open enrollment period during which
479 qualifying adoptive employees may apply for monetary benefits
480 under this section.
481 (7) The Chief Financial Officer shall disburse a monetary
482 benefit to a qualifying adoptive employee upon the department’s
483 submission of a payroll requisition. The Chief Financial Officer
484 shall transfer funds from the department to a state university,
485 Florida College System institution, school district unit, or
486 water management district, as appropriate, to enable payment to
487 the qualifying adoptive employee through the payroll systems as
488 long as funds are available for such purpose.
489 (8) Each state agency shall develop a uniform procedure for
490 informing employees about this benefit and for assisting the
491 department in making eligibility determinations and processing
492 applications. Any procedure adopted by a state agency is valid
493 and enforceable if the procedure does not conflict with the
494 express terms of this section.
495 Section 6. Section 409.1666, Florida Statutes, is created
496 to read:
497 409.1666 Annual adoption achievement awards.—Each year, the
498 Governor shall select and recognize one or more individuals,
499 families, or organizations that make significant contributions
500 to enabling this state’s foster children to achieve permanency
501 through adoption. The department shall define appropriate
502 categories for the achievement awards and seek nominations for
503 potential recipients in each category from individuals and
504 organizations knowledgeable about foster care and adoption.
505 (1) The award shall recognize persons whose contributions
506 involve extraordinary effort or personal sacrifice in order to
507 provide caring and permanent homes for foster children.
508 (2) A direct-support organization established in accordance
509 with s. 39.0011 by the Office of Adoption and Child Protection
510 within the Executive Office of the Governor may accept donations
511 of products or services from private sources to be given to the
512 recipients of the adoption achievement awards. The direct
513 support organization may also provide suitable plaques, framed
514 certificates, pins, and other tokens of recognition.
515 Section 7. Subsection (18) is added to section 409.175,
516 Florida Statutes, to read:
517 409.175 Licensure of family foster homes, residential
518 child-caring agencies, and child-placing agencies; public
519 records exemption.—
520 (18)(a) A licensed child-placing agency conducting
521 intercountry adoptions must be designated by the United States
522 Department of State as an accredited entity for intercountry
523 adoption services.
524 (b) A licensed child-placing agency providing adoption
525 services for intercountry adoption in Hague Convention
526 countries, in incoming or outgoing cases, must meet the federal
527 regulations pertaining to intercountry adoptions with convention
528 countries.
529 (c) An adoption agency in this state which provides
530 intercountry adoption services for families residing in this
531 state must maintain a record that contains, at a minimum, the
532 following:
533 1. All available family and medical history of the birth
534 family;
535 2. All legal documents translated into English;
536 3. All necessary documents obtained by the adoptive parent
537 in order for the child to attain United States citizenship, or
538 if applicable, other legal immigration status; and
539 4. All supervisory reports prepared before an adoption and
540 after the finalization of an adoption.
541 Section 8. For the 2015-2016 fiscal year, the sum of $6.5
542 million in recurring funds from the General Revenue Fund is
543 appropriated to the Department of Children and Families for the
544 creation of the adoption incentive program. The Executive Office
545 of the Governor shall place these funds in reserve until such
546 time as the Department of Children and Families submits a plan
547 identifying the performance measures, targeted outcomes, and an
548 expenditure plan for approval to the Executive Office of the
549 Governor and the chair and vice chair of the Legislative Budget
550 Commission in accordance with s. 216.177, Florida Statutes.
551 Section 9. For the 2015-2016 fiscal year, the sum of
552 $3,425,356 in recurring funds from the General Revenue Fund is
553 appropriated to the Department of Children and Families for the
554 creation of the adoption benefits for qualifying adoptive
555 employees of state agencies. For the 2015-2016 fiscal year, the
556 sum of $74,644 in recurring funds from the General Revenue Fund
557 is appropriated to the Department of Children and Families and
558 one full-time equivalent position with associated salary rate of
559 46,382 is authorized for the creation of the adoption benefits
560 for qualifying adoptive employees of state agencies and the
561 development of performance measures and targeted outcomes.
562 Section 10. This act shall take effect July 1, 2015.