Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1102
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/04/2016           .                                

       The Committee on Children, Families, and Elder Affairs (Altman)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 409.1761, Florida Statutes, is created
    6  to read:
    7         409.1761 Organizations providing respite care for children
    8  not in the child welfare system.— A qualified nonprofit
    9  organization may establish a program which assists parents and
   10  legal guardians in providing temporary respite care for a child
   11  by a volunteer respite family. Only a child who has not been
   12  removed from the child’s parent or legal guardian due to abuse
   13  or neglect and placed in the custody of the department is
   14  eligible to be cared for under this section. Placement of a
   15  child under this section, without any additional evidence, does
   16  not constitute abuse, neglect or abandonment as defined in s.
   17  39.01, F.S., and is not considered to placement of the child in
   18  foster care. However, the department may refer children to a
   19  program under this section if the department determines that the
   20  services are appropriate for addressing the needs of a family in
   21  crisis, preventing children from being placed in the custody of
   22  the department or achieving reunification of a child with his or
   23  her biological family.
   24         (1) DEFINITIONS.— As used in this section, the term:
   25         (a) “Qualified association” means an organization that
   26  establishes, publishes, and requires compliance with best
   27  practice standards for operating a program that assists parents
   28  and legal guardian in providing temporary respite care for a
   29  child by a volunteer respite family.
   30         (b) “Qualified nonprofit organization” or “organization” –
   31  means a Florida private nonprofit organization that assists
   32  parents and legal guardians in providing temporary respite care
   33  for a child by a volunteer respite family under an agreement
   34  with a qualified association.
   35         (c) “Volunteer respite family” means an individual or
   36  family who voluntarily agrees to provide temporary care for a
   37  child under a contract for care with the child’s parent or legal
   38  guardian with the assistance of a qualified nonprofit
   39  organization.
   40         (2) REGISTRATION.—
   41         (a) Registration shall consist of annually filing with the
   42  qualified association the name and address of the organization;
   43  the capacity of, and the number of children being cared for; the
   44  names and addresses of the officers and the board of directors
   45  or other governing body of the organization, if applicable; the
   46  name of person in charge of the organization; and proof that the
   47  organization is in compliance with the minimum health, sanitary,
   48  and safety standards required by applicable state law or local
   49  ordinance, and the uniform fire safety standards required by
   50  chapter 633, and is in compliance with the requirements for
   51  screening of personnel in s. 409.175 and chapter 435.
   52         (b) As part of the registration, each organization shall
   53  annually provide to the qualified association relevant data on
   54  the services provided by the organization including, the number
   55  of approved volunteer respite families, the number and ages of
   56  children being cared for through the organization; the number of
   57  children who have left the care of the organization during the
   58  past year, the lengths of their stays, and the reason for their
   59  care; the names of all personnel. The organization shall
   60  maintain files on all children served that include, at minimum,
   61  (1) the name and age of the child; (2) the name, address and
   62  contact information for the child’s parent or legal guardian;
   63  (3) the name, address and contact information for the child’s
   64  volunteer respite family; (4) a copy of the contract for care of
   65  the child executed pursuant to paragraph 5 of this section; and
   66  (5) proof of the volunteer respite family’s compliance with the
   67  screening requirements of s. 409.175 and chapter 435. The
   68  organization shall maintain on site and provide, upon request,
   69  proof that the organization is in compliance with published
   70  minimum standards that are filed with the department under the
   71  provisions of paragraph subsection (2). The department shall
   72  also attest to the good moral character of the personnel of the
   73  organization and members of the volunteer family home by
   74  maintaining and providing, upon request, proof of compliance
   75  with the screening requirements of s. 409.175 and chapter 435.
   76  The qualified association shall have the right to access and
   77  review the organization’s files at any time to ensure compliance
   78  with this section and standards established by the qualified
   79  association.
   80         (c) Upon verification that all requirements for
   81  registration have been met, the qualified association shall
   82  issue without charge a certificate of registration valid for 1
   83  year.
   84         (3) EXEMPTION FROM LICENSURE.—The licensing provisions of
   85  s. 409.175 shall not apply to a private organization that is
   86  certified with a qualified association which assists parents and
   87  legal guardians in providing temporary respite care for a child
   88  by a volunteer caregiver pursuant to a properly executed
   89  contract under this section. However, such organizations shall
   90  meet the screening requirements pursuant to s.409.175 and
   91  chapter 435.
   92         (a) Any organization registered under the provisions of
   93  this section shall notify the department immediately if it has
   94  in its care a child with serious developmental disabilities or a
   95  physical, emotional, or mental handicap for which the
   96  organization is not qualified or able to provide care.
   97         (b) The provisions of chapters 39 and 827 regarding the
   98  reporting of child abuse, abandonment, and neglect apply to any
   99  organization registered under this section.
  100         (4) SCREENING REQUIREMENTS FOR PERSONNEL.— Individuals
  101  required to be screened under this section include:
  102         a. All employees of the organization assisting parents in
  103  providing respite care;
  104         b. Members of the family, or persons residing with the
  105  family that is providing respite care for a child who are over
  106  the age of 12 years;
  107         c. Members of a family providing respite care under this
  108  section, or persons residing with the family, who are between
  109  the ages of 12 years and 18 years are not required to be
  110  fingerprinted, but must be screened for delinquency records;
  111         d. A volunteer who assists on an intermittent basis for
  112  less than 10 hours per month is not required to be screened if a
  113  person who meets the screening requirement of this section is
  114  always present and has the volunteer in his or her line of
  115  sight.
  116         (5) CONTRACT FOR CARE.— A parent of legal guardian of a
  117  child may provide for the temporary respite care of a child
  118  under this section by entering into a written contract for care,
  119  executed at the time of admission or prior thereto, with a
  120  volunteer respite family and organization. Under a contract for
  121  care, the parent or legal guardian may delegate to the volunteer
  122  family any of the powers regarding the care and custody of the
  123  child, except the power to consent to the marriage or adoption
  124  of the child, the performance of or inducement of an abortion on
  125  or for the child, or the termination of parental rights to the
  126  child. The parent or legal guardian may revoke or withdraw the
  127  contract for care at any time, and the child shall be returned
  128  to the custody of the parent or legal guardian as soon as
  129  reasonably possible. A contract for care executed under this
  130  section shall automatically expire after one year, and shall not
  131  operate to deprive any parent or legal guardian of any parental
  132  or legal authority regarding the care and custody of the child
  133  nor supersede any court order regarding the care and custody of
  134  the child. Each contract shall:
  135         (a) Enumerate the basic services and accommodations
  136  provided by the volunteer respite family and organization.
  137         (b) Identify the child, parent or legal guardian, and
  138  volunteer respite family, including necessary contact
  139  information for all parties
  140         (c) Identify the organization, including the address,
  141  telephone number and primary point of contact
  142         (d) Contain a clear statement regarding disciplinary
  143  procedures.
  144         (e) State that the goal of the organization is to return
  145  the child receiving respite care to the parent or legal guardian
  146  as soon as the situation requiring care has been resolved.
  147         (f) Authorize the volunteer respite family to consent to
  148  routine and emergency medical care on behalf of the parent or
  149  legal guardian, provided the volunteer family shall immediately
  150  notify the parent or legal guardian of medical care being
  151  provided on his or her behalf. Authorization of this power shall
  152  be granted only upon the separate consent in the contract of the
  153  parent or legal guardian.
  155  ================= T I T L E  A M E N D M E N T ================
  156  And the title is amended as follows:
  157         Delete everything before the enacting clause
  158  and insert:
  159                        A bill to be entitled                      
  160         An act relating to the temporary care of a child;
  161         creating s. 409.1761, F.S.: authorizing certain
  162         organizations to establish programs for the purpose of
  163         assisting parents and legal guardians in providing
  164         temporary respite care for a child; restricting care
  165         under this section to specified children; providing
  166         that receiving services under this section does not
  167         constitute abuse, neglect or abandonment; defining
  168         terms; providing requirements for an organization to
  169         register with the Department of Children and Families;
  170         providing an exemption from licensure if certain
  171         specified conditions are met; prescribing background
  172         screening requirements for personnel and volunteers;
  173         requiring a contract to be entered into between a
  174         volunteer family and a parent or legal guardian;
  175         specifying the requirements to be included in a
  176         contract; providing; providing an effective date.