Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 1102 Ì202660zÎ202660 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) 2 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. 154 155 ================= 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.