Florida Senate - 2017                                    SB 1400
       
       
        
       By Senator Grimsley
       
       
       
       
       
       26-00005B-17                                          20171400__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.521,
    3         F.S.; requiring a parent whose actions have caused
    4         harm to a child who is adjudicated to be dependent to
    5         submit to a substance abuse disorder assessment or
    6         evaluation and to participate in and comply with
    7         treatment and services; creating s. 39.6001, F.S.;
    8         requiring the Department of Children and Families, in
    9         partnership with the Department of Health, the Agency
   10         for Health Care Administration, other state agencies,
   11         and community partners, to develop a strategy for
   12         certain coordinated services; providing for creation
   13         of a safe care plan that addresses the health and
   14         substance abuse disorder treatment needs of a newborn
   15         and affected family or caregiver and provides for the
   16         monitoring of services provided; amending s. 39.6012,
   17         F.S.; requiring a parent whose actions have caused
   18         harm to a child adjudicated to be dependent to submit
   19         to a substance abuse disorder assessment or evaluation
   20         and to participate in and comply with treatment and
   21         services; creating s. 381.00515, F.S.; requiring the
   22         Department of Health to establish a hormonal long
   23         acting reversible contraception (HLARC) program;
   24         requiring the department to contract with family
   25         planning and health care providers to implement the
   26         program and provide HLARC services throughout the
   27         state; requiring that such contracts include specified
   28         provisions; providing for an annual appropriation;
   29         requiring the department to seek grants for additional
   30         funding; requiring the department to submit an annual
   31         report to the Governor and the Legislature by a
   32         specified date; requiring the department to publish
   33         the report on its website; specifying requirements for
   34         the report; creating s. 409.16741, F.S.; providing
   35         legislative findings and intent; requiring the
   36         Department of Children and Families to develop or
   37         adopt one or more initial screening assessment
   38         instruments to identify and determine the needs of,
   39         and plan services for, substance exposed newborns and
   40         their families; requiring the department to conduct
   41         certain staffings relating to services for substance
   42         exposed newborns and their families; specifying that
   43         certain local service capacity be assessed; providing
   44         that child protective investigators receive
   45         specialized training in working with substance exposed
   46         newborns and their families before they accept such
   47         cases; creating s. 409.16742, F.S.; providing
   48         legislative findings and intent; establishing a shared
   49         family care residential services pilot program for
   50         substance exposed newborns; providing an appropriation
   51         subject to certain requirements; providing a statement
   52         of public necessity; providing an effective date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Paragraph (b) of subsection (1) of section
   57  39.521, Florida Statutes, is amended to read:
   58         39.521 Disposition hearings; powers of disposition.—
   59         (1) A disposition hearing shall be conducted by the court,
   60  if the court finds that the facts alleged in the petition for
   61  dependency were proven in the adjudicatory hearing, or if the
   62  parents or legal custodians have consented to the finding of
   63  dependency or admitted the allegations in the petition, have
   64  failed to appear for the arraignment hearing after proper
   65  notice, or have not been located despite a diligent search
   66  having been conducted.
   67         (b) When any child is adjudicated by a court to be
   68  dependent, the court having jurisdiction of the child has the
   69  power by order to:
   70         1. Require the parent and, when appropriate, the legal
   71  custodian and the child to participate in treatment and services
   72  identified as necessary. The court may require the person who
   73  has custody or who is requesting custody of the child to submit
   74  to a mental health or substance abuse disorder assessment or
   75  evaluation. The order may be made only upon good cause shown and
   76  pursuant to notice and procedural requirements provided under
   77  the Florida Rules of Juvenile Procedure. The mental health
   78  assessment or evaluation must be administered by a qualified
   79  professional as defined in s. 39.01, and the substance abuse
   80  assessment or evaluation must be administered by a qualified
   81  professional as defined in s. 397.311. The court may also
   82  require such person to participate in and comply with treatment
   83  and services identified as necessary, including, when
   84  appropriate and available, participation in and compliance with
   85  a mental health court program established under chapter 394 or a
   86  treatment-based drug court program established under s. 397.334.
   87  Adjudication of a child as dependent based upon evidence of harm
   88  as defined in s. 39.01(30)(g) demonstrates good cause, and the
   89  court shall require the parent whose actions caused the harm to
   90  submit to a substance abuse disorder assessment or evaluation
   91  and to participate in and comply with treatment and services
   92  identified as necessary. In addition to supervision by the
   93  department, the court, including the mental health court program
   94  or the treatment-based drug court program, may oversee the
   95  progress and compliance with treatment by a person who has
   96  custody or is requesting custody of the child. The court may
   97  impose appropriate available sanctions for noncompliance upon a
   98  person who has custody or is requesting custody of the child or
   99  make a finding of noncompliance for consideration in determining
  100  whether an alternative placement of the child is in the child’s
  101  best interests. Any order entered under this subparagraph may be
  102  made only upon good cause shown. This subparagraph does not
  103  authorize placement of a child with a person seeking custody of
  104  the child, other than the child’s parent or legal custodian, who
  105  requires mental health or substance abuse disorder treatment.
  106         2. Require, if the court deems necessary, the parties to
  107  participate in dependency mediation.
  108         3. Require placement of the child either under the
  109  protective supervision of an authorized agent of the department
  110  in the home of one or both of the child’s parents or in the home
  111  of a relative of the child or another adult approved by the
  112  court, or in the custody of the department. Protective
  113  supervision continues until the court terminates it or until the
  114  child reaches the age of 18, whichever date is first. Protective
  115  supervision shall be terminated by the court whenever the court
  116  determines that permanency has been achieved for the child,
  117  whether with a parent, another relative, or a legal custodian,
  118  and that protective supervision is no longer needed. The
  119  termination of supervision may be with or without retaining
  120  jurisdiction, at the court’s discretion, and shall in either
  121  case be considered a permanency option for the child. The order
  122  terminating supervision by the department must set forth the
  123  powers of the custodian of the child and include the powers
  124  ordinarily granted to a guardian of the person of a minor unless
  125  otherwise specified. Upon the court’s termination of supervision
  126  by the department, further judicial reviews are not required if
  127  permanency has been established for the child.
  128         Section 2. Section 39.6001, Florida Statutes, is created to
  129  read:
  130         39.6001 Safe care plans for substance exposed newborns.—The
  131  department, in partnership with the Department of Health, the
  132  Agency for Health Care Administration, other state agencies, and
  133  community partners, shall develop a strategy for coordinated
  134  services to ensure the safety and well-being of newborns with
  135  prenatal substance exposure by creating, implementing, and
  136  monitoring safe care plans. A safe care plan is a written plan
  137  for a newborn with prenatal substance abuse exposure following
  138  the newborn’s release from the care of a health care provider.
  139  The plan must address the health and substance abuse disorder
  140  treatment needs of the newborn through infancy and the affected
  141  family or caregiver. The department shall monitor such plans to
  142  ensure appropriate referrals are made and services are delivered
  143  to the newborn and the affected family or caregiver.
  144         Section 3. Subsection (1) of section 39.6012, Florida
  145  Statutes, is amended to read:
  146         39.6012 Case plan tasks; services.—
  147         (1) The services to be provided to the parent and the tasks
  148  that must be completed are subject to the following:
  149         (a) The services described in the case plan must be
  150  designed to improve the conditions in the home and aid in
  151  maintaining the child in the home, facilitate the child’s safe
  152  return to the home, ensure proper care of the child, or
  153  facilitate the child’s permanent placement. The services offered
  154  must be the least intrusive possible into the life of the parent
  155  and child, must focus on clearly defined objectives, and must
  156  provide the most efficient path to quick reunification or
  157  permanent placement given the circumstances of the case and the
  158  child’s need for safe and proper care.
  159         (b) The case plan must describe each of the tasks with
  160  which the parent must comply and the services to be provided to
  161  the parent, specifically addressing the identified problem,
  162  including:
  163         1. The type of services or treatment.
  164         2. The date the department will provide each service or
  165  referral for the service if the service is being provided by the
  166  department or its agent.
  167         3. The date by which the parent must complete each task.
  168         4. The frequency of services or treatment provided. The
  169  frequency of the delivery of services or treatment provided
  170  shall be determined by the professionals providing the services
  171  or treatment on a case-by-case basis and adjusted according to
  172  their best professional judgment.
  173         5. The location of the delivery of the services.
  174         6. The staff of the department or service provider
  175  accountable for the services or treatment.
  176         7. A description of the measurable objectives, including
  177  the timeframes specified for achieving the objectives of the
  178  case plan and addressing the identified problem.
  179         (c)If there is evidence of harm as defined in s.
  180  39.01(30)(g), the case plan must require the parent whose
  181  actions caused the harm to submit to a substance abuse disorder
  182  assessment or evaluation and to participate in and comply with
  183  treatment and services identified as necessary.
  184         Section 4. Section 381.00515, Florida Statutes, is created
  185  to read:
  186         381.00515 Hormonal long-acting reversible contraception
  187  (HLARC) program.—
  188         (1) The Department of Health shall establish a hormonal
  189  long-acting reversible contraception (HLARC) program for the
  190  purpose of preventing unwanted pregnancies and improving
  191  statewide access to family planning services. The department
  192  shall contract with eligible family planning and health care
  193  providers to implement the program throughout the state. A
  194  contract to provide HLARC services must include all of the
  195  following:
  196         (a) Provision of intrauterine devices and implants to
  197  participants.
  198         (b) Training for providers and staff regarding the
  199  provision of HLARC devices, counseling strategies, and the
  200  management of side effects.
  201         (c) Technical assistance regarding such issues as coding,
  202  billing, pharmacy rules, and clinic management necessitated by
  203  the increased use of HLARC devices.
  204         (d) General support to expand the capacity of family
  205  planning clinics in response to the demand for HLARC program
  206  services added.
  207         (e) Marketing and outreach regarding the availability of
  208  HLARC services in comparison to other currently available
  209  contraceptive services.
  210         (f) Other services the department considers necessary to
  211  ensure the health and safety of participants who receive HLARC
  212  devices.
  213         (2)(a)The Legislature shall annually appropriate funds
  214  from the General Revenue Fund to the department to provide HLARC
  215  services.
  216         (b)Funds appropriated pursuant to this subsection may not
  217  supplant or reduce any other appropriation of state funds to
  218  family planning providers or to the department for family
  219  planning services.
  220         (3)The department shall seek grants from federal agencies
  221  and other sources to supplement state funds provided for the
  222  HLARC program.
  223         (4) By January 1, 2019, and annually thereafter, the
  224  department shall submit a report to the Governor, the President
  225  of the Senate, and the Speaker of the House of Representatives
  226  on the effectiveness of the HLARC program. The department shall
  227  publish the report on its website. The report must include, but
  228  need not be limited to:
  229         (a) An assessment of the operation of the program,
  230  including any progress made in reducing the number of abortions,
  231  especially among teenagers.
  232         (b) An assessment of the effectiveness of the program in
  233  increasing the availability of HLARC services.
  234         (c) The number and location of family planning providers
  235  that participated in the program.
  236         (d) The number of clients served by participating family
  237  planning providers.
  238         (e) The number of times HLARC services were provided by
  239  participating family planning providers.
  240         (f) The average cost per client served.
  241         (g) The demographic characteristics of clients served.
  242         (h) The sources and amounts of funding used for the
  243  program.
  244         (i) A description of federal and other grants the
  245  department applied for in order to provide HLARC services,
  246  including the outcomes of the grant applications.
  247         (j) An analysis of the return on investment for the
  248  provision of HLARC services with regard to tax dollars saved on
  249  health and social services.
  250         (k) A description and analysis of marketing and outreach
  251  activities conducted to promote the availability of HLARC
  252  services.
  253         (l) Recommendations for improving the program.
  254         Section 5. Section 409.16741, Florida Statutes, is created
  255  to read:
  256         409.16741 Substance exposed newborns; legislative findings
  257  and intent; screening and assessment; case management;
  258  training.—
  259         (1) LEGISLATIVE FINDINGS AND INTENT.–
  260         (a) The Legislature finds that children, their families,
  261  and child welfare agencies have been affected by multiple
  262  substance abuse epidemics over the past several decades, and
  263  parental substance abuse is again becoming a growing reason for
  264  removing children from their homes and placing them in foster
  265  care.
  266         (b) The Legislature also finds that infants are the largest
  267  age group of children entering foster care and that parental
  268  substance abuse disorders are having a major impact not only on
  269  increasing child removals, but also on preventing or delaying
  270  reunification of families and increasing termination of parental
  271  rights.
  272         (c) The Legislature further finds that two aspects of
  273  parental substance abuse affect the child welfare system:
  274  prenatal exposure when it is determined that there are immediate
  275  safety factors that necessitate the newborn being placed in
  276  protective custody; and postnatal use that affects the ability
  277  of the parent to safely care for the child.
  278         (d) Therefore, it is the intent of the Legislature that the
  279  department will establish and monitor a coordinated approach to
  280  working with children and their families affected by substance
  281  abuse and dependence.
  282         (2) SCREENING AND ASSESSMENT.—The department shall develop
  283  or adopt one or more initial screening and assessment
  284  instruments to identify, determine the needs of, and plan
  285  services for substance exposed newborns and their families. In
  286  addition to conditions of the infant, conditions or behaviors of
  287  the mother or father which may indicate a risk of harm to the
  288  child shall be considered during any assessment.
  289         (3) CASE MANAGEMENT.—
  290         (a)The department shall conduct regular multidisciplinary
  291  staffings relating to services provided for substance exposed
  292  newborns and their families to ensure that all parties possess
  293  relevant information and that services are coordinated across
  294  systems identified in this chapter. The department or community
  295  based care lead agency, as appropriate, shall coordinate these
  296  staffings and include individuals involved in the child’s care.
  297         (b)Each region of the department and each community-based
  298  care lead agency shall jointly assess local service capacity to
  299  meet the specialized service needs of substance exposed newborns
  300  and their families and establish a plan to develop the necessary
  301  capacity. Each plan shall be developed in consultation with
  302  entities and agencies involved in the individuals’ care.
  303         (4)TRAINING.—The department and community-based care lead
  304  agencies shall ensure that cases in which there is a substance
  305  exposed newborn are assigned to child protective investigators
  306  and case managers who have specialized training in working with
  307  substance exposed newborns and their families. The department
  308  and lead agencies shall ensure that child protective
  309  investigators and case managers receive this training before
  310  accepting a case.
  311         Section 6. Section 409.16742, Florida Statutes, is created
  312  to read:
  313         409.16742 Shared family care residential services program
  314  for substance exposed newborns.—
  315         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  316  that there is evidence that, with appropriate support and
  317  training, some families can remain safely together without court
  318  involvement or traumatic separations. Therefore, it is the
  319  intent of the Legislature that alternative types of placement
  320  options be available which provide both safety for substance
  321  exposed newborns and an opportunity for parents recovering from
  322  substance abuse disorders to achieve independence while living
  323  together in a protective, nurturing family environment.
  324         (2) ESTABLISHMENT OF PILOT PROGRAM.—The department shall
  325  establish a shared family care residential services program to
  326  serve substance exposed newborns and their families in the
  327  Fourth Judicial Circuit through a contract with the designated
  328  lead agency established in accordance with s. 409.987 or with a
  329  private entity capable of providing residential care that
  330  satisfies the requirements of this section. The private entity
  331  or lead agency is responsible for all programmatic functions
  332  necessary to carry out the intent of this section. As used in
  333  this section, the term “shared family care” means out-of-home
  334  care in which an entire family in need is temporarily placed in
  335  the home of a family who is trained to mentor and support the
  336  biological parents as they develop caring skills and supports
  337  necessary for independent living.
  338         (3) SERVICES.—The department shall specify services that
  339  should be made available to newborns and their families through
  340  the pilot program.
  341         Section 7. For the 2017-2018 fiscal year, the sum of
  342  $750,000 in recurring funds is appropriated from the General
  343  Revenue Fund to the Department of Health for the purpose of
  344  implementing the HLARC program. These funds do not supplant or
  345  reduce any other appropriation of state funds to family planning
  346  providers or to the department for family planning services.
  347         Section 8. The Legislature finds that this act is necessary
  348  to protect the public health, safety, and welfare.
  349         Section 9. This act shall take effect July 1, 2017.