CS for SB 7078                                   First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.2015,
    3         F.S.; authorizing critical incident rapid response
    4         teams to review cases of child deaths occurring during
    5         an open investigation; requiring the advisory
    6         committee to meet quarterly and submit quarterly
    7         reports; amending s. 39.3068, F.S.; requiring case
    8         staffing when medical neglect is substantiated;
    9         amending s. 125.901, F.S.; revising the schedule for a
   10         county’s governing body to submit a general election
   11         ballot question on whether to retain a children’s
   12         services district with voter-approved taxing
   13         authority; amending s. 383.402, F.S.; requiring an
   14         epidemiological child abuse death assessment and
   15         prevention system; providing intent for the operation
   16         of and interaction between the state and local death
   17         review committees; limiting members of the state
   18         committee to terms of 2 years, not to exceed three
   19         consecutive terms; requiring the committee to elect a
   20         chairperson and authorizing specified duties of the
   21         chairperson; providing for per diem and reimbursement
   22         of expenses; specifying duties of the state committee;
   23         deleting obsolete provisions; providing for the
   24         convening of county or multicounty local review
   25         committees and support by the county health department
   26         directors; specifying membership and duties of local
   27         review committees; requiring the state review
   28         committee to submit an annual statistical report to
   29         the Governor and the Legislature; identifying the
   30         required content for the report; specifying that
   31         certain responsibilities of the Department of Children
   32         and Families are to be administered at the regional
   33         level, rather than at the district level; amending s.
   34         402.301, F.S.; requiring personnel of specified
   35         membership organizations to meet background screening
   36         requirements; amending s. 402.302, F.S.; adding
   37         personnel of specified membership organizations to the
   38         definition of the term child care personnel; amending
   39         s. 409.977, F.S.; authorizing Medicaid managed care
   40         specialty plans to serve specified children; amending
   41         s. 409.986, F.S.; revising legislative intent to
   42         require community-based care lead agencies to give
   43         priority to the use of evidence-based and trauma
   44         informed services; amending s. 409.988; requiring lead
   45         agencies to give priority to the use of evidence-based
   46         and trauma-informed services; amending s. 435.02,
   47         F.S.; redefining a term; amending s. 1006.061, F.S.;
   48         requiring each district school board, charter school,
   49         and certain private schools to post in each school a
   50         poster with specified information; providing criteria
   51         for the poster; requiring the Department of Education
   52         to develop and publish a sample notice on its Internet
   53         website; providing an effective date.
   55  Be It Enacted by the Legislature of the State of Florida:
   57         Section 1. Subsections (2) and (11) of section 39.2015,
   58  Florida Statutes, are amended to read:
   59         39.2015 Critical incident rapid response team.—
   60         (2) An immediate onsite investigation conducted by a
   61  critical incident rapid response team is required for all child
   62  deaths reported to the department if the child or another child
   63  in his or her family was the subject of a verified report of
   64  suspected abuse or neglect during the previous 12 months. The
   65  secretary may direct an immediate investigation for other cases
   66  involving death or serious injury to a child, including, but not
   67  limited to, a death or serious injury occurring during an open
   68  investigation.
   69         (11) The secretary shall appoint an advisory committee made
   70  up of experts in child protection and child welfare, including
   71  the Statewide Medical Director for Child Protection under the
   72  Department of Health, a representative from the institute
   73  established pursuant to s. 1004.615, an expert in organizational
   74  management, and an attorney with experience in child welfare, to
   75  conduct an independent review of investigative reports from the
   76  critical incident rapid response teams and to make
   77  recommendations to improve policies and practices related to
   78  child protection and child welfare services. The advisory
   79  committee shall meet at least once each quarter and By October 1
   80  of each year, the advisory committee shall submit quarterly
   81  reports a report to the secretary which include includes
   82  findings and recommendations. The secretary shall submit each
   83  the report to the Governor, the President of the Senate, and the
   84  Speaker of the House of Representatives.
   85         Section 2. Subsection (3) of section 39.3068, Florida
   86  Statutes, is amended to read:
   87         39.3068 Reports of medical neglect.—
   88         (3) The child shall be evaluated by the child protection
   89  team as soon as practicable. If After receipt of the report from
   90  the child protection team reports that medical neglect is
   91  substantiated, the department shall convene a case staffing
   92  which shall be attended, at a minimum, by the child protective
   93  investigator; department legal staff; and representatives from
   94  the child protection team that evaluated the child, Children’s
   95  Medical Services, the Agency for Health Care Administration, the
   96  community-based care lead agency, and any providers of services
   97  to the child. However, the Agency for Health Care Administration
   98  is not required to attend the staffing if the child is not
   99  Medicaid eligible. The staffing shall consider, at a minimum,
  100  available services, given the family’s eligibility for services;
  101  services that are effective in addressing conditions leading to
  102  medical neglect allegations; and services that would enable the
  103  child to safely remain at home. Any services that are available
  104  and effective shall be provided.
  105         Section 3. Subsection (4) of section 125.901, Florida
  106  Statutes, is amended to read:
  107         125.901 Children’s services; independent special district;
  108  council; powers, duties, and functions; public records
  109  exemption.—
  110         (4)(a) Any district created pursuant to this section may be
  111  dissolved by a special act of the Legislature, or the county
  112  governing body may by ordinance dissolve the district subject to
  113  the approval of the electorate.
  114         (b)1.a. Notwithstanding paragraph (a), the governing body
  115  of the county shall submit the question of retention or
  116  dissolution of a district with voter-approved taxing authority
  117  to the electorate in the general election according to the
  118  following schedule:
  119         (I) For a district in existence on July 1, 2010, and
  120  serving a county with a population of 400,000 or fewer persons
  121  as of that date............................................2014.
  122         (II) For a district in existence on July 1, 2010, and
  123  serving a county with a population of more than 400,000 but
  124  fewer than 2 million persons as of
  125  that date..................................................2016.
  126         (II)(III) For a district in existence on July 1, 2010, and
  127  serving a county with a population of 2 million or more persons
  128  as of that date............................................2020.
  129         b. A referendum by the electorate on or after July 1, 2010,
  130  creating a new district with taxing authority may specify that
  131  the district is not subject to reauthorization or may specify
  132  the number of years for which the initial authorization shall
  133  remain effective. If the referendum does not prescribe terms of
  134  reauthorization, the governing body of the county shall submit
  135  the question of retention or dissolution of the district to the
  136  electorate in the general election 12 years after the initial
  137  authorization.
  138         2. The governing body of the district may specify, and
  139  submit to the governing body of the county no later than 9
  140  months before the scheduled election, that the district is not
  141  subsequently subject to reauthorization or may specify the
  142  number of years for which a reauthorization under this paragraph
  143  shall remain effective. If the governing body of the district
  144  makes such specification and submission, the governing body of
  145  the county shall include that information in the question
  146  submitted to the electorate. If the governing body of the
  147  district does not specify and submit such information, the
  148  governing body of the county shall resubmit the question of
  149  reauthorization to the electorate every 12 years after the year
  150  prescribed in subparagraph 1. The governing body of the district
  151  may recommend to the governing body of the county language for
  152  the question submitted to the electorate.
  153         3. Nothing in this paragraph limits the authority to
  154  dissolve a district as provided under paragraph (a).
  155         4. Nothing in this paragraph precludes the governing body
  156  of a district from requesting that the governing body of the
  157  county submit the question of retention or dissolution of a
  158  district with voter-approved taxing authority to the electorate
  159  at a date earlier than the year prescribed in subparagraph 1. If
  160  the governing body of the county accepts the request and submits
  161  the question to the electorate, the governing body satisfies the
  162  requirement of that subparagraph.
  164  If any district is dissolved pursuant to this subsection, each
  165  county must first obligate itself to assume the debts,
  166  liabilities, contracts, and outstanding obligations of the
  167  district within the total millage available to the county
  168  governing body for all county and municipal purposes as provided
  169  for under s. 9, Art. VII of the State Constitution. Any district
  170  may also be dissolved pursuant to s. part VII of chapter 189.
  171         Section 4. Section 383.402, Florida Statutes, is amended to
  172  read:
  173         383.402 Child abuse death review; State Child Abuse Death
  174  Review Committee; local child abuse death review committees.—
  175         (1) INTENT.—It is the intent of the Legislature to
  176  establish a statewide multidisciplinary, multiagency,
  177  epidemiological child abuse death assessment and prevention
  178  system that consists of state and local review committees. The
  179  state and local review committees shall review the facts and
  180  circumstances of all deaths of children from birth to through
  181  age 18 which occur in this state and are reported to the central
  182  abuse hotline of the Department of Children and Families. The
  183  state and local review committees shall work cooperatively. The
  184  primary function of the state review committee is to provide
  185  direction and leadership for the review system and to analyze
  186  data and recommendations from local review committees to
  187  identify issues and trends and to recommend statewide action.
  188  The primary function of the local review committees is to
  189  conduct individual case reviews of deaths, generate information,
  190  make recommendations, and implement improvements at the local
  191  level. Each case The purpose of the review must use a data
  192  based, epidemiological approach shall be to:
  193         (a) Achieve a greater understanding of the causes and
  194  contributing factors of deaths resulting from child abuse.
  195         (b) Whenever possible, develop a communitywide approach to
  196  address such causes cases and contributing factors.
  197         (c) Identify any gaps, deficiencies, or problems in the
  198  delivery of services to children and their families by public
  199  and private agencies which may be related to deaths that are the
  200  result of child abuse.
  201         (d) Recommend Make and implement recommendations for
  202  changes in law, rules, and policies at the state and local
  203  levels, as well as develop practice standards that support the
  204  safe and healthy development of children and reduce preventable
  205  child abuse deaths.
  206         (e) Implement approved recommendations, to the extent
  207  possible.
  209         (a) Membership.
  210         1. The State Child Abuse Death Review Committee is
  211  established within the Department of Health and shall consist of
  212  a representative of the Department of Health, appointed by the
  213  State Surgeon General, who shall serve as the state committee
  214  coordinator. The head of each of the following agencies or
  215  organizations shall also appoint a representative to the state
  216  committee:
  217         a.1. The Department of Legal Affairs.
  218         b.2. The Department of Children and Families.
  219         c.3. The Department of Law Enforcement.
  220         d.4. The Department of Education.
  221         e.5. The Florida Prosecuting Attorneys Association, Inc.
  222         f.6. The Florida Medical Examiners Commission, whose
  223  representative must be a forensic pathologist.
  224         2.(b) In addition, the State Surgeon General shall appoint
  225  the following members to the state committee, based on
  226  recommendations from the Department of Health and the agencies
  227  listed in subparagraph 1. paragraph (a), and ensuring that the
  228  committee represents the regional, gender, and ethnic diversity
  229  of the state to the greatest extent possible:
  230         a.1. The Department of Health Statewide Child Protection
  231  Team Medical Director for Child Protection.
  232         b.2. A public health nurse.
  233         c.3. A mental health professional who treats children or
  234  adolescents.
  235         d.4. An employee of the Department of Children and Families
  236  who supervises family services counselors and who has at least 5
  237  years of experience in child protective investigations.
  238         e.5. The medical director of a child protection team.
  239         f.6. A member of a child advocacy organization.
  240         g.7. A social worker who has experience in working with
  241  victims and perpetrators of child abuse.
  242         h.8. A person trained as a paraprofessional in patient
  243  resources who is employed in a child abuse prevention program.
  244         i.9. A law enforcement officer who has at least 5 years of
  245  experience in children’s issues.
  246         j.10. A representative of the Florida Coalition Against
  247  Domestic Violence.
  248         k.11. A representative from a private provider of programs
  249  on preventing child abuse and neglect.
  250         l. A substance abuse treatment professional.
  251         3. The members of the state committee shall be appointed to
  252  staggered terms not to exceed 2 years each, as determined by the
  253  State Surgeon General. Members may be appointed to no more than
  254  three consecutive terms. The state committee shall elect a
  255  chairperson from among its members to serve for a 2-year term,
  256  and the chairperson may appoint ad hoc committees as necessary
  257  to carry out the duties of the committee.
  258         4. Members of the state committee shall serve without
  259  compensation but may receive reimbursement for per diem and
  260  travel expenses incurred in the performance of their duties as
  261  provided in s. 112.061 and to the extent that funds are
  262  available.
  263         (b)(3)Duties.The State Child Abuse Death Review Committee
  264  shall:
  265         1.(a) Develop a system for collecting data from local
  266  committees on deaths that are reported to the central abuse
  267  hotline the result of child abuse. The system must include a
  268  protocol for the uniform collection of data statewide, which
  269  must, at a minimum, use the National Child Death Review Case
  270  Reporting System administered by the National Center for the
  271  Review and Prevention of Child Deaths uses existing data
  272  collection systems to the greatest extent possible.
  273         2.(b) Provide training to cooperating agencies,
  274  individuals, and local child abuse death review committees on
  275  the use of the child abuse death data system.
  276         (c) Prepare an annual statistical report on the incidence
  277  and causes of death resulting from reported child abuse in the
  278  state during the prior calendar year. The state committee shall
  279  submit a copy of the report by October 1 of each year to the
  280  Governor, the President of the Senate, and the Speaker of the
  281  House of Representatives. The report must include
  282  recommendations for state and local action, including specific
  283  policy, procedural, regulatory, or statutory changes, and any
  284  other recommended preventive action.
  285         3.(d) Provide training to local child abuse death review
  286  committee members on the dynamics and impact of domestic
  287  violence, substance abuse, or mental health disorders when there
  288  is a co-occurrence of child abuse. Training must shall be
  289  provided by the Florida Coalition Against Domestic Violence, the
  290  Florida Alcohol and Drug Abuse Association, and the Florida
  291  Council for Community Mental Health in each entity’s respective
  292  area of expertise.
  293         4.(e) Develop statewide uniform guidelines, standards, and
  294  protocols, including a protocol for standardized data
  295  collection, and reporting, for local child abuse death review
  296  committees, and provide training and technical assistance to
  297  local committees.
  298         5.(f) Develop statewide uniform guidelines for reviewing
  299  deaths that are the result of child abuse, including guidelines
  300  to be used by law enforcement agencies, prosecutors, medical
  301  examiners, health care practitioners, health care facilities,
  302  and social service agencies.
  303         6.(g) Study the adequacy of laws, rules, training, and
  304  services to determine what changes are needed to decrease the
  305  incidence of child abuse deaths and develop strategies and
  306  recruit partners to implement these changes.
  307         7.(h) Provide consultation on individual cases to local
  308  committees upon request.
  309         8.(i) Educate the public regarding the provisions of
  310  chapter 99-168, Laws of Florida, the incidence and causes of
  311  child abuse death, and ways by which such deaths may be
  312  prevented.
  313         9.(j) Promote continuing education for professionals who
  314  investigate, treat, and prevent child abuse or neglect.
  315         10.(k) Recommend, when appropriate, the review of the death
  316  certificate of a child who died as a result of abuse or neglect.
  317         (4) The members of the state committee shall be appointed
  318  to staggered terms of office which may not exceed 2 years, as
  319  determined by the State Surgeon General. Members are eligible
  320  for reappointment. The state committee shall elect a chairperson
  321  from among its members to serve for a 2-year term, and the
  322  chairperson may appoint ad hoc committees as necessary to carry
  323  out the duties of the committee.
  324         (5) Members of the state committee shall serve without
  325  compensation but are entitled to reimbursement for per diem and
  326  travel expenses incurred in the performance of their duties as
  327  provided in s. 112.061 and to the extent that funds are
  328  available.
  330  direction of the State Surgeon General, a county or multicounty
  331  child abuse death review committee shall be convened and
  332  supported by the county health department directors the director
  333  of each county health department, or the directors of two or
  334  more county health departments by agreement, may convene and
  335  support a county or multicounty child abuse death review
  336  committee in accordance with the protocols established by the
  337  State Child Abuse Death Review Committee.
  338         (a) Membership.Each local child abuse death review
  339  committee must include local representatives from:
  340         1. The state attorney’s office. a local state attorney, or
  341  his or her designee, and
  342         2. The medical examiner’s office.
  343         3. The local Department of Children and Families child
  344  protective investigations unit.
  345         4. The Department of Health child protection team.
  346         5. The community-based care lead agency.
  347         6. State, county, or local law enforcement agencies.
  348         7. The school district.
  349         8. A mental health treatment provider.
  350         9. A certified domestic violence center.
  351         10. A substance abuse treatment provider.
  352         11. Any other members that are determined by guidelines
  353  developed by the State Child Abuse Death Review Committee.
  355  To the extent possible, individuals from these organizations or
  356  entities who, in a professional capacity, dealt with a child
  357  whose death is verified as caused by abuse or neglect, or with
  358  the family of the child, shall attend any meetings where the
  359  child’s case is reviewed. The members of a local committee shall
  360  be appointed to 2-year terms and may be reappointed. The local
  361  committee shall elect a chairperson from among its members.
  362  Members shall serve without compensation but may receive are
  363  entitled to reimbursement for per diem and travel expenses
  364  incurred in the performance of their duties as provided in s.
  365  112.061 and to the extent that funds are available.
  366         (b)(7)Duties.Each local child abuse death review
  367  committee shall:
  368         1.(a) Assist the state committee in collecting data on
  369  deaths that are the result of child abuse, in accordance with
  370  the protocol established by the state committee. The local
  371  committee shall complete, to the fullest extent possible, the
  372  individual case report in the National Child Death Review Case
  373  Reporting System.
  374         2.(b) Submit written reports as required by at the
  375  direction of the state committee. The reports must include:
  376         a. Nonidentifying information from on individual cases.
  377         b. Identification of any problems with the data system
  378  uncovered through the review process and the committee’s
  379  recommendations for system improvements and needed resources,
  380  training, and information dissemination, where gaps or
  381  deficiencies may exist. and
  382         c. All the steps taken by the local committee and private
  383  and public agencies to implement necessary changes and improve
  384  the coordination of services and reviews.
  385         3.(c) Submit all records requested by the state committee
  386  at the conclusion of its review of a death resulting from child
  387  abuse.
  388         4.(d) Abide by the standards and protocols developed by the
  389  state committee.
  390         5.(e) On a case-by-case basis, request that the state
  391  committee review the data of a particular case.
  392         (4) ANNUAL STATISTICAL REPORT.—The state committee shall
  393  prepare and submit a comprehensive statistical report by October
  394  1 of each year to the Governor, the President of the Senate, and
  395  the Speaker of the House of Representatives which includes data,
  396  trends, analysis, findings, and recommendations for state and
  397  local action regarding deaths from child abuse. Data must be
  398  presented on an individual calendar year basis and in the
  399  context of a multiyear trend. At a minimum, the report must
  400  include:
  401         (a) Descriptive statistics, including demographic
  402  information regarding victims and caregivers, and the causes and
  403  nature of deaths.
  404         (b) A detailed statistical analysis of the incidence and
  405  causes of deaths.
  406         (c) Specific issues identified within current policy,
  407  procedure, rule, or statute and recommendations to address those
  408  issues from both the state and local committees.
  409         (d) Other recommendations to prevent deaths from child
  410  abuse based on an analysis of the data presented in the report.
  411         (5)(8)ACCESS TO AND USE OF RECORDS.—
  412         (a) Notwithstanding any other law, the chairperson of the
  413  State Child Abuse Death Review Committee, or the chairperson of
  414  a local committee, shall be provided with access to any
  415  information or records that pertain to a child whose death is
  416  being reviewed by the committee and that are necessary for the
  417  committee to carry out its duties, including information or
  418  records that pertain to the child’s family, as follows:
  419         1.(a) Patient records in the possession of a public or
  420  private provider of medical, dental, or mental health care,
  421  including, but not limited to, a facility licensed under chapter
  422  393, chapter 394, or chapter 395, or a health care practitioner
  423  as defined in s. 456.001. Providers may charge a fee for copies
  424  not to exceed 50 cents per page for paper records and $1 per
  425  fiche for microfiche records.
  426         2.(b) Information or records of any state agency or
  427  political subdivision which might assist a committee in
  428  reviewing a child’s death, including, but not limited to,
  429  information or records of the Department of Children and
  430  Families, the Department of Health, the Department of Education,
  431  or the Department of Juvenile Justice.
  432         (b)(9) The State Child Abuse Death Review Committee or a
  433  local committee shall have access to all information of a law
  434  enforcement agency which is not the subject of an active
  435  investigation and which pertains to the review of the death of a
  436  child. A committee may not disclose any information that is not
  437  subject to public disclosure by the law enforcement agency, and
  438  active criminal intelligence information or criminal
  439  investigative information, as defined in s. 119.011(3), may not
  440  be made available for review or access under this section.
  441         (c)(10) The state committee and any local committee may
  442  share with each other any relevant information that pertains to
  443  the review of the death of a child.
  444         (d)(11) A member of the state committee or a local
  445  committee may not contact, interview, or obtain information by
  446  request or subpoena directly from a member of a deceased child’s
  447  family as part of a committee’s review of a child abuse death,
  448  except that if a committee member is also a public officer or
  449  state employee, that member may contact, interview, or obtain
  450  information from a member of the deceased child’s family, if
  451  necessary, as part of the committee’s review. A member of the
  452  deceased child’s family may voluntarily provide records or
  453  information to the state committee or a local committee.
  454         (e)(12) The chairperson of the State Child Abuse Death
  455  Review Committee may require the production of records by
  456  requesting a subpoena, through the Department of Legal Affairs,
  457  in any county of the state. Such subpoena is effective
  458  throughout the state and may be served by any sheriff. Failure
  459  to obey the subpoena is punishable as provided by law.
  460         (f)(13) This section does not authorize the members of the
  461  state committee or any local committee to have access to any
  462  grand jury proceedings.
  463         (g)(14) A person who has attended a meeting of the state
  464  committee or a local committee or who has otherwise participated
  465  in activities authorized by this section may not be permitted or
  466  required to testify in any civil, criminal, or administrative
  467  proceeding as to any records or information produced or
  468  presented to a committee during meetings or other activities
  469  authorized by this section. However, this subsection does not
  470  prevent any person who testifies before the committee or who is
  471  a member of the committee from testifying as to matters
  472  otherwise within his or her knowledge. An organization,
  473  institution, committee member, or other person who furnishes
  474  information, data, reports, or records to the state committee or
  475  a local committee is not liable for damages to any person and is
  476  not subject to any other civil, criminal, or administrative
  477  recourse. This subsection does not apply to any person who
  478  admits to committing a crime.
  480         (a) The Department of Health shall administer the funds
  481  appropriated to operate the review committees and may apply for
  482  grants and accept donations.
  483         (b)(16) To the extent that funds are available, the
  484  Department of Health may hire staff or consultants to assist a
  485  review committee in performing its duties. Funds may also be
  486  used to reimburse reasonable expenses of the staff and
  487  consultants for the state committee and the local committees.
  488         (c)(17) For the purpose of carrying out the
  489  responsibilities assigned to the State Child Abuse Death Review
  490  Committee and the local review committees, the State Surgeon
  491  General may substitute an existing entity whose function and
  492  organization includes include the function and organization of
  493  the committees established by this section.
  495  RESPONSIBILITIES.—Each regional managing director district
  496  administrator of the Department of Children and Families must
  497  appoint a child abuse death review coordinator for the region
  498  district. The coordinator must have knowledge and expertise in
  499  the area of child abuse and neglect. The coordinator’s general
  500  responsibilities include:
  501         (a) Coordinating with the local child abuse death review
  502  committee.
  503         (b) Ensuring the appropriate implementation of the child
  504  abuse death review process and all regional district activities
  505  related to the review of child abuse deaths.
  506         (c) Working with the committee to ensure that the reviews
  507  are thorough and that all issues are appropriately addressed.
  508         (d) Maintaining a system of logging child abuse deaths
  509  covered by this procedure and tracking cases during the child
  510  abuse death review process.
  511         (e) Conducting or arranging for a Florida Safe Families
  512  Network Abuse Hotline Information System (FAHIS) record check on
  513  all child abuse deaths covered by this procedure to determine
  514  whether there were any prior reports concerning the child or
  515  concerning any siblings, other children, or adults in the home.
  516         (f) Coordinating child abuse death review activities, as
  517  needed, with individuals in the community and the Department of
  518  Health.
  519         (g) Notifying the regional managing director district
  520  administrator, the Secretary of Children and Families, the
  521  Department of Health Deputy Secretary for Health and Deputy
  522  State Health Officer for Children’s Medical Services, and the
  523  Department of Health Child Abuse Death Review Coordinator of all
  524  child abuse deaths meeting criteria for review as specified in
  525  this section within 1 working day after case closure verifying
  526  the child’s death was due to abuse, neglect, or abandonment.
  527         (h) Ensuring that all critical issues identified by the
  528  local child abuse death review committee are brought to the
  529  attention of the regional managing director district
  530  administrator and the Secretary of Children and Families.
  531         (i) Providing technical assistance to the local child abuse
  532  death review committee during the review of any child abuse
  533  death.
  534         Section 5. Subsection (6) of section 402.301, Florida
  535  Statutes, is amended to read:
  536         402.301 Child care facilities; legislative intent and
  537  declaration of purpose and policy.—It is the legislative intent
  538  to protect the health, safety, and well-being of the children of
  539  the state and to promote their emotional and intellectual
  540  development and care. Toward that end:
  541         (6) It is further the intent that membership organizations
  542  affiliated with national organizations which do not provide
  543  child care, whose primary purpose is providing activities that
  544  contribute to the development of good character or good
  545  sportsmanship or to the education or cultural development of
  546  minors in this state, which charge only a nominal annual
  547  membership fee, which are not for profit, and which are
  548  certified by their national associations as being in compliance
  549  with the association’s minimum standards and procedures shall
  550  not be considered child care facilities and therefore, their
  551  personnel shall not be required to be screened. However, all
  552  personnel as defined in s. 402.302 of such membership
  553  organizations shall meet background screening requirements
  554  through the department pursuant to ss. 402.305 and 402.3055.
  555         Section 6. Subsection (3) of section 402.302, Florida
  556  Statutes, is amended to read:
  557         402.302 Definitions.—As used in this chapter, the term:
  558         (3) “Child care personnel” means all owners, operators,
  559  employees, and volunteers working in a child care facility. The
  560  term does not include persons who work in a child care facility
  561  after hours when children are not present or parents of children
  562  in a child care facility. For purposes of screening, the term
  563  includes any member, over the age of 12 years, of a child care
  564  facility operator’s family, or person, over the age of 12 years,
  565  residing with a child care facility operator if the child care
  566  facility is located in or adjacent to the home of the operator
  567  or if the family member of, or person residing with, the child
  568  care facility operator has any direct contact with the children
  569  in the facility during its hours of operation. Members of the
  570  operator’s family or persons residing with the operator who are
  571  between the ages of 12 years and 18 years are not required to be
  572  fingerprinted but must be screened for delinquency records. For
  573  purposes of screening, the term also includes persons who work
  574  in child care programs that provide care for children 15 hours
  575  or more each week in public or nonpublic schools, family day
  576  care homes, membership organizations under s. 402.301, or
  577  programs otherwise exempted under s. 402.316. The term does not
  578  include public or nonpublic school personnel who are providing
  579  care during regular school hours, or after hours for activities
  580  related to a school’s program for grades kindergarten through
  581  12. A volunteer who assists on an intermittent basis for less
  582  than 10 hours per month is not included in the term “personnel”
  583  for the purposes of screening and training if a person who meets
  584  the screening requirement of s. 402.305(2) is always present and
  585  has the volunteer in his or her line of sight. Students who
  586  observe and participate in a child care facility as a part of
  587  their required coursework are not considered child care
  588  personnel, provided such observation and participation are on an
  589  intermittent basis and a person who meets the screening
  590  requirement of s. 402.305(2) is always present and has the
  591  student in his or her line of sight.
  592         Section 7. Subsection (5) is added to section 409.977,
  593  Florida Statutes, to read:
  594         409.977 Enrollment.—
  595         (5) Specialty plans serving children in the care and
  596  custody of the department may serve such children as long as
  597  they remain in care, including those remaining in extended
  598  foster care pursuant to s. 39.6251, or are in subsidized
  599  adoption and continue to be eligible for Medicaid pursuant to s.
  600  409.903.
  601         Section 8. Paragraph (a) of subsection (1) of section
  602  409.986, Florida Statutes, is amended to read:
  603         409.986 Legislative findings and intent; child protection
  604  and child welfare outcomes; definitions.—
  606         (a) It is the intent of the Legislature that the Department
  607  of Children and Families provide child protection and child
  608  welfare services to children through contracting with community
  609  based care lead agencies. The community-based lead agencies
  610  shall give priority to the use of services that are evidence
  611  based and trauma-informed. Counties that provide children and
  612  family services with at least 40 licensed residential group care
  613  beds by July 1, 2003, and that provide at least $2 million
  614  annually in county general revenue funds to supplement foster
  615  and family care services shall continue to contract directly
  616  with the state. It is the further intent of the Legislature that
  617  communities have responsibility for and participate in ensuring
  618  safety, permanence, and well-being for all children in the
  619  state.
  620         Section 9. Subsection (3) of section 409.988, Florida
  621  Statutes, is amended to read:
  622         409.988 Lead agency duties; general provisions.—
  623         (3) SERVICES.—A lead agency must provide serve dependent
  624  children with through services that are supported by research or
  625  that are recognized as best practices in the best child welfare
  626  field practices. The agency shall give priority to the use of
  627  services that are evidence-based and trauma-informed and may
  628  also provide other innovative services, including, but not
  629  limited to, family-centered and, cognitive-behavioral, trauma
  630  informed interventions designed to mitigate out-of-home
  631  placements.
  632         Section 10. Subsection (5) of section 435.02, Florida
  633  Statutes, is amended to read:
  634         435.02 Definitions.—For the purposes of this chapter, the
  635  term:
  636         (5) “Specified agency” means the Department of Health, the
  637  Department of Children and Families, the Division of Vocational
  638  Rehabilitation within the Department of Education, the Agency
  639  for Health Care Administration, the Department of Elderly
  640  Affairs, the Department of Juvenile Justice, and the Agency for
  641  Persons with Disabilities, and local licensing agencies approved
  642  pursuant to s. 402.307, when these agencies are conducting state
  643  and national criminal history background screening on persons
  644  who work with children or persons who are elderly or disabled.
  645         Section 11. Section 1006.061, Florida Statutes, is amended
  646  to read:
  647         1006.061 Child abuse, abandonment, and neglect policy.—Each
  648  district school board, charter school, and private school that
  649  accepts scholarship students under s. 1002.39 or s. 1002.395
  650  shall:
  651         (1) Post in a prominent place in each school a notice that,
  652  pursuant to chapter 39, all employees and agents of the district
  653  school board, charter school, or private school have an
  654  affirmative duty to report all actual or suspected cases of
  655  child abuse, abandonment, or neglect; have immunity from
  656  liability if they report such cases in good faith; and have a
  657  duty to comply with child protective investigations and all
  658  other provisions of law relating to child abuse, abandonment,
  659  and neglect. The notice shall also include the statewide toll
  660  free telephone number of the central abuse hotline.
  661         (2) Post in a prominent place at each school site and on
  662  each school’s Internet website, if available, the policies and
  663  procedures for reporting alleged misconduct by instructional
  664  personnel or school administrators which affects the health,
  665  safety, or welfare of a student; the contact person to whom the
  666  report is made; and the penalties imposed on instructional
  667  personnel or school administrators who fail to report suspected
  668  or actual child abuse or alleged misconduct by other
  669  instructional personnel or school administrators.
  670         (3) Require the principal of the charter school or private
  671  school, or the district school superintendent, or the
  672  superintendent’s designee, at the request of the Department of
  673  Children and Families, to act as a liaison to the Department of
  674  Children and Families and the child protection team, as defined
  675  in s. 39.01, when in a case of suspected child abuse,
  676  abandonment, or neglect or an unlawful sexual offense involving
  677  a child the case is referred to such a team; except that this
  678  does not relieve or restrict the Department of Children and
  679  Families from discharging its duty and responsibility under the
  680  law to investigate and report every suspected or actual case of
  681  child abuse, abandonment, or neglect or unlawful sexual offense
  682  involving a child.
  683         (4)(a) Post in a prominent place in a clearly visible
  684  location and public area of the school which is readily
  685  accessible to and widely used by students a sign in English and
  686  Spanish that contains:
  687         1. The statewide toll-free telephone number of the central
  688  abuse hotline as provided in chapter 39;
  689         2. Instructions to call 911 for emergencies; and
  690         3. Directions for accessing the Department of Children and
  691  Families Internet website for more information on reporting
  692  abuse, neglect, and exploitation.
  693         (b) The information in paragraph (a) must be put on at
  694  least one poster in each school, on a sheet that measures at
  695  least 11 inches by 17 inches, produced in large print, and
  696  placed at student eye level for easy viewing.
  698  The Department of Education shall develop, and publish on the
  699  department’s Internet website, sample notices suitable for
  700  posting in accordance with subsections (1), and (2), and (4).
  701         Section 12. This act shall take effect July 1, 2015.