Florida Senate - 2018 CS for SB 1442 By the Committee on Children, Families, and Elder Affairs; and Senator Book 586-02592-18 20181442c1 1 A bill to be entitled 2 An act relating to Early Childhood Court programs; 3 creating s. 39.01304, F.S.; providing legislative 4 findings and intent; requiring the program to 5 incorporate specified components to be considered an 6 early childhood court; authorizing the courts to 7 create early childhood court programs; requiring the 8 office to coordinate with the appropriate circuit 9 court to employ and train a community coordinator for 10 each program site; authorizing the office to hire a 11 statewide community coordinator; authorizing the use 12 of an alternative coordination system; requiring the 13 office to contract with certain university based 14 centers; requiring a contracted center to hire a 15 statewide clinical consultant for specified purposes; 16 requiring the office, in partnership with the center 17 and within appropriated funds, to provide training to 18 program court teams; requiring the Florida Institute 19 for Child Welfare to conduct an evaluation of the 20 program’s impact in consultation with the Department 21 of Children and Families, the office, and the center; 22 requiring the evaluation to include certain data and 23 recommendations; requiring the institute to submit the 24 results of its evaluation to the Governor and the 25 Legislature by a specified date; requiring the 26 institute to submit annual reports; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 39.01304, Florida Statutes, is created 32 to read: 33 39.01304 Early Childhood Court programs.— 34 (1) LEGISLATIVE FINDINGS AND INTENT.— 35 (a) The Legislature finds that the traditional dependency 36 court process focuses primarily on ensuring safety and 37 permanency for young children, while paying less attention to 38 the mental health and developmental needs of those children 39 related to maltreatment and the disruption in the parent-child 40 relationship. 41 (b) The Legislature also finds that the emotional problems 42 that manifest themselves in infancy and early childhood are less 43 obvious than the behavioral and mental health problems of older 44 children in out-of-home care. 45 (c) The Legislature also finds it is important to identify 46 evidence-based practices and trauma-informed care approaches to 47 mitigate the impact of maltreatment on young children placed in 48 out-of-home care and to improve outcomes for them and their 49 families. 50 (d) The Legislature further finds that every young child in 51 out-of-home care should be afforded the advantages that can be 52 gained from the use of specialized dockets, multidisciplinary 53 teams, and a nonadversarial approach in connection with 54 dependency proceedings in a systems integration approach to heal 55 the child and, if possible, the parent-child relationship. 56 (e) It is the intent of the Legislature to encourage the 57 department, the Department of Health, the Early Learning 58 Coalitions, and other such agencies, local governments, 59 interested public or private entities, and individuals to 60 support the creation and establishment of early childhood court 61 programs. 62 (2) PROGRAM DEVELOPMENT.—An early childhood court is a 63 problem solving court with a specialized court docket created 64 under this section that uses evidence-based practices and 65 trauma-informed care approaches to address cases involving young 66 children in out-of-home care. An early childhood court depends 67 on the leadership of a judge knowledgeable about the science of 68 early childhood development who requires rigorous efforts to 69 heal the child physically and emotionally, as well as broad 70 collaboration among professionals from different systems working 71 directly in the court as a team with a shared understanding that 72 the parent-child relationship is the foundation of child well 73 being. A court may be recognized by the Office of the State 74 Courts Administrator as an early childhood court if it contains 75 the following components: 76 (a) Judicial leadership.—In an early childhood court, 77 therapeutic jurisprudence drives every aspect of judicial 78 practice on the bench. The judge engages in practices seldom 79 seen in traditional courtrooms in order to support the 80 therapeutic work of the parent and child in a nonadversarial 81 manner. As used in this section, the term “therapeutic 82 jurisprudence” means the study of how the law acts as a 83 therapeutic agent and focuses on the law’s impact on emotional 84 and psychological well-being. 85 (b) Community coordination.—Each early childhood court must 86 have a procedure for coordinating services and resources for 87 families with a case on the court docket. To meet this 88 requirement, the court either may hire a local community 89 coordinator with child development expertise who works with the 90 judge to facilitate collaboration among the members of the court 91 team or use a coordination system that integrates and 92 institutionalizes a progression of services. 93 (c) Court team.—The court team is made up of key community 94 stakeholders who commit to work with the judge to restructure 95 the way the community responds to the needs of maltreated 96 children. The team may include, but not be limited to, early 97 intervention specialists; mental health and infant mental health 98 professionals; attorneys representing children, parents and the 99 child welfare system; children’s advocates; early learning 100 coalitions and child care providers; substance abuse providers; 101 primary health care providers; and guardians ad litem. The court 102 team shall also address the need for children in an early 103 childhood court program to receive medical care in a medical 104 home, a screening for developmental delays conducted by the 105 local agency responsible for complying with Part C of the 106 Individuals with Disabilities Education Act, and quality child 107 care. 108 (d) Continuum of mental health services.—Young children who 109 have experienced trauma may benefit from mental health services 110 that work with them and their parents. Parents who maltreat 111 their very young children need some level of intervention to 112 help them understand their children’s needs and learn ways to 113 build strong supportive bonds. The continuum of mental health 114 services provided should include a focus on the parent-child 115 relationship and should be appropriate for each child and family 116 served. 117 118 While an early childhood court typically serves children from 119 the ages of 0-3 years of age, nothing in this section shall 120 prevent a court from expanding the docket to include children 121 over three years of age depending on available resources. 122 (3) PROGRAM IMPLEMENTATION.—Subject to appropriation and 123 the availability of additional resources: 124 (a) The courts may create early childhood court programs 125 that use specialized dockets, multidisciplinary teams, and a 126 nonadversarial approach in connection with dependency 127 proceedings. 128 (b) By August 1, 2018, the Office of the State Courts 129 Administrator shall coordinate with the appropriate circuit 130 court to hire and train a full-time community coordinator at 131 each early childhood court program site that was in existence on 132 July 1, 2018 and may hire a statewide community coordinator to 133 implement the program. If an early childhood court uses an 134 alternative coordination system under (2)(b), the Office of the 135 State Courts Administrator may provide funding equivalent to a 136 community coordinator position to the court for case 137 coordination functions. 138 (c) The Office of the State Courts Administrator shall 139 contract with one or more university-based centers with an 140 expertise in infant mental health to hire a clinical director to 141 ensure quality, accountability, and fidelity to the early 142 childhood court model, including, but not limited to, training 143 and technical assistance related to clinical services, clinical 144 consultation and guidance for difficult cases, ongoing clinical 145 training for court teams. 146 (4) TRAINING.—Within appropriated funds, the Office of the 147 State Courts Administrator, in partnership with contracted 148 centers in subsection (3), shall provide training to the 149 participating court teams on meeting the program objectives. 150 (5) EVALUATION OF THE PROGRAM.— 151 (a) In consultation with the department, the Office of the 152 State Courts Administrator, and contracted centers in subsection 153 (3), the Florida Institute for Child Welfare shall evaluate the 154 impact of the Early Childhood Court program on children and 155 families in Florida’s child welfare system. 156 (b) The evaluation must include the analysis of data 157 collected by the Office of the State Courts Administrator and 158 measurable outcomes, including, but not limited to, the impact 159 of the early childhood court program on the future incidence of 160 maltreatment of children, timely permanency, reunification of 161 families, and incidents of children reentering the child welfare 162 system. The evaluation must provide recommendations as to 163 whether and how the program should be expanded, the projected 164 costs of such expansion, and projected savings to the state 165 resulting from the program. 166 (c) The institute shall submit the results of the 167 evaluation to the Governor, the President of the Senate, and the 168 Speaker of the House of Representatives, by October 1, 2021. 169 (6) ANNUAL REPORTS.—By December 1, 2019 and 2020, the 170 Florida Institute for Child Welfare shall provide reports on the 171 status of the program to the Governor, the President of the 172 Senate, and the Speaker of the House of Representatives. 173 Section 2. This act shall take effect July 1, 2018.