Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 1044 Ì312264ÉÎ312264 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/13/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Garcia) recommended the following: 1 Senate Amendment 2 3 Delete lines 1105 - 1188 4 and insert: 5 Section 12. Section 39.523, Florida Statutes, is amended to 6 read: 7 (Substantial rewording of section. See 39.523, F.S., for 8 present text.) 9 39.523 Placement in out-of-home care.—The Legislature finds 10 that it is a basic tenet of child welfare practice and the law 11 that children be placed in the least restrictive, most family 12 like setting available in close proximity to the home of their 13 parents, consistent with the best interests and needs of the 14 child, and that children be placed in permanent homes in a 15 timely manner. 16 (1) When any child is removed from the home and placed into 17 out-of-home care, a comprehensive placement assessment shall be 18 completed to determine whether the child’s needs can be met with 19 family members or in a family foster home and, if not, which 20 type of foster care placement setting would provide a more 21 effective and appropriate level of care. 22 (2) The assessment and any placement decision must be done 23 in conjunction with a permanency team that must be established 24 by the department or the community-based care lead agency that 25 places children pursuant to this section and is dedicated to 26 overcoming the permanency challenges occurring for children in 27 out-of-home care. The team must attempt to include a 28 representative from the community-based care lead agency, the 29 caseworker for the child, the out-of-home care provider, the 30 guardian ad litem if one has been appointed, any provider of 31 services to the child, teachers, clergy, relatives, fictive kin, 32 and all appropriate biological family members. 33 (3) The permanency team shall convene a multidisciplinary 34 staffing every 180 calendar days, to coincide with the judicial 35 review, to reassess the appropriateness of the child’s current 36 placement. The multidisciplinary staffing shall consider, at a 37 minimum, the current level of the child’s functioning, whether 38 recommended services are being provided effectively, any 39 services that would enable transition to a less restrictive 40 family-like setting, and diligent efforts to find other 41 permanent living arrangements for the child. 42 (4) The department shall document initial placement 43 assessments in the Florida Safe Families Network. 44 (5) If it is determined during the comprehensive placement 45 assessment that residential treatment as defined in s. 39.407 46 would be suitable for the child, the procedures in that section 47 must be followed. 48 (6) At each judicial review, the court shall review the 49 assessment placement decision for the child and the department 50 shall demonstrate why the placement is in the least restrictive 51 setting. If the child has been placed in group care with a 52 residential child-caring agency, the department must demonstrate 53 why the child cannot be placed with a relative or nonrelative or 54 in a family foster home, must demonstrate why the placement in 55 group care with a residential child-caring agency continues to 56 be necessary and consistent with the child’s short-term and 57 long-term goals, and must document efforts to help the child 58 transition to a more family-like setting. 59 (7) By October 1 of each year, the department shall report 60 to the Governor, the President of the Senate, and the Speaker of 61 the House of Representatives on the placement of children in 62 out-of-home care, including placements with relatives and 63 nonrelatives, family foster homes, and residential group care 64 during the year. At a minimum, the report must include, by 65 community-based care lead agency: 66 (a) The number of children placed with relatives and 67 nonrelatives, in family foster homes, and in residential group 68 care. 69 (b) An inventory of available services that are necessary 70 to maintain children in the least restrictive settings and a 71 plan for filling any identified gap in those services. 72 (c) The number of children who were placed based upon the 73 assessment. 74 (d) An inventory of existing placements for children by 75 type and by community-based care lead agency. 76 (e) The strategies being used by community-based care lead 77 agencies to recruit, train, and support an adequate number of 78 families to provide home-based family care. 79 (f) For every placement of a child made that is contrary to 80 an appropriate placement as determined by the assessment process 81 in this section, an explanation from the community-based care 82 lead agency as to why the placement was made. 83 (8) The department may adopt rules necessary to carry out 84 the provisions of this section. 85