Florida Senate - 2018                                    SB 1514
       By Senator Garcia
       36-01071-18                                           20181514__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.01,
    3         F.S.; revising and defining terms; amending s.
    4         39.0138, F.S.; requiring the Department of Children
    5         and Families to establish a certain exemption process
    6         and to adopt rules and procedures for the
    7         documentation necessary for exempting household
    8         members who have disabilities from being fingerprinted
    9         before a child is placed in the home; amending s.
   10         39.5085, F.S.; requiring the department to take all
   11         the necessary steps to recover financial assistance
   12         provided to nonrelative caregivers under certain
   13         circumstances; authorizing the department to make
   14         certain settlements, establish certain policies, and
   15         adopt certain rules; terminating the Relative
   16         Caregiver Program on a specified date and transferring
   17         certain responsibilities to the Guardianship
   18         Assistance Program; providing for continuance of
   19         benefits to current participants; amending s. 39.521,
   20         F.S.; authorizing the court to make certain
   21         determinations regarding placement of a child with a
   22         guardian; conforming a cross-reference; amending s.
   23         39.6221, F.S.; providing an additional condition for
   24         court placement of a child in permanent guardianship;
   25         creating s. 39.6225, F.S.; requiring the department to
   26         establish and operate a Guardianship Assistance
   27         Program to provide guardianship assistance payments to
   28         certain guardians beginning on a specified date;
   29         defining terms; providing eligibility requirements;
   30         authorizing guardians to receive guardian assistance
   31         payments for certain siblings; requiring the
   32         department to annually redetermine eligibility;
   33         providing conditions for termination of benefits;
   34         providing criteria for award of guardianship
   35         assistance payments; requiring the department to
   36         provide guardianship nonrecurring payments for certain
   37         expenses; authorizing the use of certain state and
   38         federal funds to operate the program; providing that
   39         certain children are eligible for Medicaid coverage
   40         until they reach a specified age; providing
   41         requirements for guardianship assistance payments;
   42         requiring case plans to include certain information;
   43         requiring the department to adopt rules; amending s.
   44         39.6251, F.S.; requiring the case manager for a young
   45         adult in foster care to consult the young adult when
   46         updating the case plan and the transition plan and
   47         arrangements; deleting a provision authorizing case
   48         management reviews to be conducted by telephone under
   49         certain circumstances; amending s. 409.145, F.S.;
   50         revising rates for room and board reimbursement of
   51         certain family foster homes; revising provisions
   52         relating to supplemental payments by community-based
   53         care lead agencies; amending s. 409.166, F.S.;
   54         defining terms; providing conditions for the
   55         department to provide adoption assistance payments to
   56         adoptive parents of certain children; providing that
   57         children and young adults receiving benefits through
   58         the adoption assistance program are ineligible for
   59         other specified benefits and services; providing
   60         additional conditions for eligibility for adoption
   61         assistance; amending s. 409.1678, F.S.; deleting
   62         requirements for certain specialized treatment
   63         provided by residential treatment centers and
   64         hospitals; amending s. 409.175, F.S.; revising and
   65         defining terms; requiring a guardian to apply for a
   66         license with the department to be eligible for the
   67         Guardian Assistance Program; requiring the department
   68         to adopt and amend certain rules; classifying family
   69         foster homes by licensure type; exempting certain
   70         household members from specified fingerprinting
   71         requirements; authorizing the department to adopt
   72         rules relating to certain summer camps; deleting
   73         references to preservice training requirements for
   74         emergency shelter parents; providing inservice
   75         training requirements for certain foster parents;
   76         amending ss. 39.302, 39.6012, 394.495, 409.1676, and
   77         960.065, F.S.; conforming cross-references; providing
   78         an effective date.
   80  Be It Enacted by the Legislature of the State of Florida:
   82         Section 1. Subsection (29) of section 39.01, Florida
   83  Statutes, is redesignated as subsection (30), subsections (30)
   84  through (46) of that section are redesignated as subsections
   85  (35) through (51), respectively, subsections (47) through (81)
   86  of that section are redesignated as subsections (53) through
   87  (87), respectively, present subsections (10) and (32) and
   88  paragraph (g) of present subsection (30) of that section are
   89  amended, and new subsections (29), (31), (32), (33), (34), and
   90  (52) are added to that section, to read:
   91         39.01 Definitions.—When used in this chapter, unless the
   92  context otherwise requires:
   93         (10) “Caregiver” means the parent, legal custodian,
   94  permanent guardian, adult household member, or other person
   95  responsible for a child’s welfare as defined in subsection (54)
   96  (48).
   97         (29)“Fictive kin” means a person unrelated by birth,
   98  marriage, or adoption who has an emotionally significant
   99  relationship to a child which has the characteristics of a
  100  family relationship.
  101         (31)“Guardian” means a relative, nonrelative, next of kin,
  102  or fictive kin who is awarded physical custody of a child in a
  103  proceeding brought pursuant to this chapter.
  104         (32)“Guardianship assistance payment” means a monthly cash
  105  payment made by the department to a guardian on behalf of an
  106  eligible child or young adult.
  107         (33)“Guardianship Assistance Program” means a program that
  108  provides benefits to a child’s guardian on behalf of the child.
  109  Benefits may be in the form of a guardianship assistance
  110  payment, a guardianship nonrecurring payment, or Medicaid
  111  coverage.
  112         (34)“Guardianship nonrecurring payment” means a one-time
  113  payment of up to $2,000 made by the department to a guardian to
  114  assist with the expenses associated with obtaining legal
  115  guardianship of a child who is eligible for the Guardianship
  116  Assistance Program.
  117         (35)(30) “Harm” to a child’s health or welfare can occur
  118  when any person:
  119         (g) Exposes a child to a controlled substance or alcohol.
  120  Exposure to a controlled substance or alcohol is established by:
  121         1. A test, administered at birth, which indicated that the
  122  child’s blood, urine, or meconium contained any amount of
  123  alcohol or a controlled substance or metabolites of such
  124  substances, the presence of which was not the result of medical
  125  treatment administered to the mother or the newborn infant; or
  126         2. Evidence of extensive, abusive, and chronic use of a
  127  controlled substance or alcohol by a parent to the extent that
  128  the parent’s ability to provide supervision and care for the
  129  child has been or is likely to be severely compromised when the
  130  child is demonstrably adversely affected by such usage.
  132  As used in this paragraph, the term “controlled substance” means
  133  prescription drugs not prescribed for the parent or not
  134  administered as prescribed and controlled substances as outlined
  135  in Schedule I or Schedule II of s. 893.03.
  136         (37)(32) “Institutional child abuse or neglect” means
  137  situations of known or suspected child abuse or neglect in which
  138  the person allegedly perpetrating the child abuse or neglect is
  139  an employee of a private school, public or private day care
  140  center, residential home, institution, facility, or agency or
  141  any other person at such institution responsible for the child’s
  142  care as defined in subsection (54) (48).
  143         (52)“Nonrelative” means a person unrelated by
  144  consanguinity or affinity or a relative outside the fifth degree
  145  of consanguinity or affinity.
  146         Section 2. Subsections (2) through (7) of section 39.0138,
  147  Florida Statutes, are redesignated as subsections (3) through
  148  (8), respectively, and a new subsection (2) is added to that
  149  section, to read:
  150         39.0138 Criminal history and other records checks; limit on
  151  placement of a child.—
  152         (2)The department shall establish an exemption process for
  153  household members who have physical and developmental
  154  disabilities that prevent them from being fingerprinted.
  155         (a)Exemptions shall be granted when fingerprinting is not
  156  possible due to:
  157         1.Physical limitations;
  158         2.Developmental limitations; or
  159         3.Cognitive limitations.
  160         (b)Before granting an exemption under this subsection, the
  161  department or its designee shall assess the limitations that
  162  justify the exemption and whether the safety and well-being of
  163  the child placed or to be placed in the home and access to the
  164  child by the exempted household member will be affected by such
  165  limitations.
  166         (c)The department shall adopt rules and operating
  167  procedures governing the documentation required to determine if
  168  an exemption should be granted under this subsection.
  169         Section 3.  Paragraph (h) is added to subsection (2) of
  170  section 39.5085, Florida Statutes, and subsection (3) is added
  171  to that section, to read:
  172         39.5085 Relative Caregiver Program.—
  173         (2)
  174         (h)If the department determines that a nonrelative
  175  caregiver has received financial assistance under this section
  176  to which he or she is not entitled, the department shall take
  177  all necessary steps to recover such payment. The department may
  178  make appropriate settlements and shall establish policies and
  179  adopt rules to calculate and recover such payments.
  180         (3)(a)The Relative Caregiver Program may not accept
  181  initial applications after June 30, 2019. Relative Caregiver
  182  Program benefits shall continue to be provided to caregivers
  183  currently participating in the program until the child reaches
  184  18 years of age. Persons seeking financial assistance after June
  185  30, 2019, must submit an application for the Guardianship
  186  Assistance Program.
  187         (b)The recipient renewal and redetermination process for
  188  current participants in the Relative Caregiver Program shall
  189  continue under the guidelines set forth in this section and as
  190  established by department rule.
  191         Section 4. Paragraph (c) of subsection (1) of section
  192  39.521, Florida Statutes, is amended to read:
  193         39.521 Disposition hearings; powers of disposition.—
  194         (1) A disposition hearing shall be conducted by the court,
  195  if the court finds that the facts alleged in the petition for
  196  dependency were proven in the adjudicatory hearing, or if the
  197  parents or legal custodians have consented to the finding of
  198  dependency or admitted the allegations in the petition, have
  199  failed to appear for the arraignment hearing after proper
  200  notice, or have not been located despite a diligent search
  201  having been conducted.
  202         (c) When any child is adjudicated by a court to be
  203  dependent, the court having jurisdiction of the child has the
  204  power by order to:
  205         1. Require the parent and, when appropriate, the legal
  206  guardian custodian and the child to participate in treatment and
  207  services identified as necessary. The court may require the
  208  person who has custody or who is requesting custody of the child
  209  to submit to a mental health or substance abuse disorder
  210  assessment or evaluation. The order may be made only upon good
  211  cause shown and pursuant to notice and procedural requirements
  212  provided under the Florida Rules of Juvenile Procedure. The
  213  mental health assessment or evaluation must be administered by a
  214  qualified professional as defined in s. 39.01, and the substance
  215  abuse assessment or evaluation must be administered by a
  216  qualified professional as defined in s. 397.311. The court may
  217  also require such person to participate in and comply with
  218  treatment and services identified as necessary, including, when
  219  appropriate and available, participation in and compliance with
  220  a mental health court program established under chapter 394 or a
  221  treatment-based drug court program established under s. 397.334.
  222  Adjudication of a child as dependent based upon evidence of harm
  223  as defined in s. 39.01(35)(g) s. 39.01(30)(g) demonstrates good
  224  cause, and the court shall require the parent whose actions
  225  caused the harm to submit to a substance abuse disorder
  226  assessment or evaluation and to participate and comply with
  227  treatment and services identified in the assessment or
  228  evaluation as being necessary. In addition to supervision by the
  229  department, the court, including the mental health court program
  230  or the treatment-based drug court program, may oversee the
  231  progress and compliance with treatment by a person who has
  232  custody or is requesting custody of the child. The court may
  233  impose appropriate available sanctions for noncompliance upon a
  234  person who has custody or is requesting custody of the child or
  235  make a finding of noncompliance for consideration in determining
  236  whether an alternative placement of the child is in the child’s
  237  best interests. Any order entered under this subparagraph may be
  238  made only upon good cause shown. This subparagraph does not
  239  authorize placement of a child with a person seeking custody of
  240  the child, other than the child’s parent or legal custodian, who
  241  requires mental health or substance abuse disorder treatment.
  242         2. Require, if the court deems necessary, the parties to
  243  participate in dependency mediation.
  244         3. Require placement of the child either under the
  245  protective supervision of an authorized agent of the department
  246  in the home of one or both of the child’s parents or in the home
  247  of a relative of the child or another adult approved by the
  248  court, or in the custody of the department. Protective
  249  supervision continues until the court terminates it or until the
  250  child reaches the age of 18, whichever date is first. Protective
  251  supervision shall be terminated by the court whenever the court
  252  determines that permanency has been achieved for the child,
  253  whether with a parent, another relative, or a legal custodian,
  254  and that protective supervision is no longer needed. The
  255  termination of supervision may be with or without retaining
  256  jurisdiction, at the court’s discretion, and shall in either
  257  case be considered a permanency option for the child. The order
  258  terminating supervision by the department must set forth the
  259  powers of the custodian of the child and include the powers
  260  ordinarily granted to a guardian of the person of a minor unless
  261  otherwise specified. Upon the court’s termination of supervision
  262  by the department, further judicial reviews are not required if
  263  permanency has been established for the child.
  264         4.Determine whether the child has a strong attachment to
  265  the prospective permanent guardian and whether the guardian has
  266  a strong commitment to permanently caring for the child.
  267         Section 5. Paragraph (f) is added to subsection (1) of
  268  section 39.6221, Florida Statutes, to read:
  269         39.6221 Permanent guardianship of a dependent child.—
  270         (1) If a court determines that reunification or adoption is
  271  not in the best interest of the child, the court may place the
  272  child in a permanent guardianship with a relative or other adult
  273  approved by the court if all of the following conditions are
  274  met:
  275         (f)The child demonstrates a strong attachment to the
  276  prospective permanent guardian and the guardian has a strong
  277  commitment to permanently caring for the child.
  278         Section 6. Section 39.6225, Florida Statutes, is created to
  279  read:
  280         39.6225Guardianship Assistance Program.—
  281         (1)The department shall establish and operate the
  282  Guardianship Assistance Program to provide guardianship
  283  assistance payments to relatives, nonrelatives, next of kin, and
  284  fictive kin who meet the eligibility requirements established in
  285  this section. The program shall take effect July 1, 2019. For
  286  purposes of administering the program, the term:
  287         (a)“Child” means an individual who has not attained 21
  288  years of age.
  289         (b)“Young adult” means an individual who has attained 18
  290  years of age but who has not attained 21 years of age.
  291         (2)To approve an application for the program, the
  292  department must determine that all of the following requirements
  293  have been met:
  294         (a)The child’s placement with the prospective permanent
  295  guardian has been approved by the court.
  296         (b)The court has granted legal custody to the guardian
  297  pursuant to s. 39.521 or s. 39.522.
  298         (c)The guardian has been licensed to care for the child as
  299  provided in s. 409.175.
  300         (d)The child was eligible for foster care room and board
  301  payments pursuant to s. 409.145 for at least 6 consecutive
  302  months while the child resided in the home of the guardian and
  303  the guardian was licensed as a foster parent.
  304         (3)A guardian who has entered into a guardianship
  305  agreement for a dependent child may also receive guardianship
  306  assistance payments for a dependent sibling of that dependent
  307  child as a result of a court’s determination in regard to the
  308  sibling of child abuse, neglect, or abandonment and subsequent
  309  placement of the child with the relative under this part.
  310         (4)The department shall complete an annual redetermination
  311  of eligibility for recipients of guardianship assistance
  312  benefits. If the department determines that a recipient is no
  313  longer eligible for guardianship assistance benefits, the
  314  benefits must be terminated.
  315         (5)Guardianship assistance benefits shall be terminated
  316  if:
  317         (a)The child is absent from the home of the guardian for a
  318  period of at least 60 consecutive calendar days, unless the
  319  child:
  320         1.Is absent due to medical care, school attendance,
  321  runaway status, or detention in a Department of Juvenile Justice
  322  facility; and
  323         2.Continues to be under the care and custody of the
  324  guardian; or
  325         (b)The court modifies the placement of the child and the
  326  guardian is no longer eligible to receive guardianship
  327  assistance benefits.
  328         (6)A guardian who has met the requirements of subsection
  329  (2) and is caring for a child placed with the guardian by the
  330  court pursuant to this part may receive a guardianship
  331  assistance payment based on the following criteria:
  332         (a)Children with an approved program application are
  333  eligible for guardianship assistance payments.
  334         (b)Children receiving cash benefits through the program
  335  are not eligible to simultaneously receive relative caregiver
  336  benefits, postsecondary education services and supports under s.
  337  409.1451, or child-only cash assistance under chapter 414.
  338         (c)Guardianship assistance payments are not contingent
  339  upon continued residency in the state. Guardianship assistance
  340  payments must continue for court-approved permanent guardians
  341  who move out of state and continue to meet the requirements of
  342  this subsection and as specified in department rule. Relicensure
  343  of the out-of-state guardian’s home is not required for
  344  continuity of payments.
  345         (d)Guardianship assistance payments for a child from
  346  another state who is placed with a guardian in this state are
  347  the responsibility of the other state.
  348         (e)The department shall provide guardianship assistance
  349  payments in the amount of $4,000 annually, paid on a monthly
  350  basis, or in an amount other than $4,000 annually as determined
  351  by the guardian and the department and documented in a written
  352  agreement between the guardian and the department. The agreement
  353  must take into consideration the circumstances of the guardian
  354  and the needs of the child. Changes may not be made without the
  355  concurrence of the guardian. However, in no case shall the
  356  amount of the monthly payment exceed the foster care maintenance
  357  payment that would have been paid during the same period if the
  358  child had been in licensed care at his or her designated level
  359  of care at the rate established in s. 409.145(4).
  360         (f)Payments made pursuant to this section shall cease when
  361  the child attains 18 years of age.
  362         (7)The department shall provide guardianship nonrecurring
  363  payments of up to $2,000 for expenses associated with the
  364  guardian obtaining permanent guardianship of the child pursuant
  365  to s. 39.6221.
  366         (a)Such expenses include reasonable and necessary fees to
  367  obtain guardianship and may include the cost of a home study,
  368  court costs, attorney fees, physical and psychological
  369  examinations, and other expenses directly related to the legal
  370  guardianship of the child.
  371         (b)Such payments are also available for siblings placed in
  372  the same home as the child.
  373         (8)The department may use appropriate and available state
  374  and federal funds to operate the program.
  375         (9)A child who is living with a caregiver and receiving
  376  assistance under this section is eligible for Medicaid coverage
  377  until he or she is 18 years of age. This subsection does not
  378  apply to a child who is eligible under subsection (7) and for
  379  whom guardianship nonrecurring payments are being made.
  380         (10)Guardianship assistance payments shall only be made
  381  for a young adult whose permanent guardian entered into a
  382  guardianship assistance agreement after the child attained 16
  383  years of age but before the child attained 18 years of age if
  384  the young adult is:
  385         (a)Completing secondary education or a program leading to
  386  an equivalent credential;
  387         (b)Enrolled in an institution that provides postsecondary
  388  or vocational education;
  389         (c)Participating in a program or activity designed to
  390  promote or eliminate barriers to employment;
  391         (d)Employed for at least 80 hours per month; or
  392         (e)Unable to participate in programs or activities listed
  393  in paragraphs (a)-(d) full time due to a physical, intellectual,
  394  emotional, or psychiatric condition that limits participation.
  395  Any such barrier to participation must be supported by
  396  documentation in the child’s case file or school or medical
  397  records.
  398         (11)The case plan must describe the following for each
  399  child with a permanency goal of permanent guardianship in which
  400  the guardian is in receipt of guardianship assistance payments:
  401         (a)The manner in which the child meets program eligibility
  402  requirements.
  403         (b)The manner in which the agency determined that
  404  reunification or adoption is not appropriate.
  405         (c)Efforts to discuss adoption with the child’s permanent
  406  guardian.
  407         (d)Efforts to discuss guardianship assistance with the
  408  child’s parent or the reasons why efforts were not made.
  409         (e)The reasons why a permanent placement with the
  410  prospective guardian is in the best interest of the child.
  411         (f)The reasons why the child is separated from his or her
  412  siblings during placement, if applicable.
  413         (g)Efforts to consult the child, if the child is 14 years
  414  of age or older, regarding the permanent guardianship
  415  arrangement.
  416         (12)The department shall adopt rules to administer the
  417  program.
  418         Section 7. Paragraph (b) of subsection (6) and subsection
  419  (7) of section 39.6251, Florida Statutes, are amended to read:
  420         39.6251 Continuing care for young adults.—
  421         (6) A young adult who is between the ages of 18 and 21 and
  422  who has left care may return to care by applying to the
  423  community-based care lead agency for readmission. The community
  424  based care lead agency shall readmit the young adult if he or
  425  she continues to meet the eligibility requirements in this
  426  section.
  427         (b) Within 30 days after the young adult has been
  428  readmitted to care, the community-based care lead agency shall
  429  assign a case manager to update the case plan and the transition
  430  plan and to arrange for the required services. Updates to the
  431  case plan and the transition plan and arrangements for the
  432  required services Such activities shall be undertaken in
  433  consultation with the young adult. The department shall petition
  434  the court to reinstate jurisdiction over the young adult.
  435  Notwithstanding s. 39.013(2), the court shall resume
  436  jurisdiction over the young adult if the department establishes
  437  that he or she continues to meet the eligibility requirements in
  438  this section.
  439         (7) During each period of time that a young adult is in
  440  care, the community-based lead agency shall provide regular case
  441  management reviews that must include at least monthly contact
  442  with the case manager. If a young adult lives outside the
  443  service area of his or her community-based care lead agency,
  444  monthly contact may occur by telephone.
  445         Section 8. Subsection (4) of section 409.145, Florida
  446  Statutes, is amended to read:
  447         409.145 Care of children; quality parenting; “reasonable
  448  and prudent parent” standard.—The child welfare system of the
  449  department shall operate as a coordinated community-based system
  450  of care which empowers all caregivers for children in foster
  451  care to provide quality parenting, including approving or
  452  disapproving a child’s participation in activities based on the
  453  caregiver’s assessment using the “reasonable and prudent parent”
  454  standard.
  456         (a)Effective July 1, 2019, level I family foster homes
  457  shall receive a monthly room and board rate of $333.
  458         (b)(a) Effective July 1, 2019, level II family foster homes
  459  shall receive January 1, 2014, room and board rates paid to
  460  foster parents are as follows:
  462                       Monthly Foster Care Rate                      
  463       0-5 YearsAge         6-12 YearsAge         13-21 YearsAge    
  464       $448.63 $429          $460.02 $440          $538.43 $515     
  465         (c)(b)Level II through level V family foster homes parents
  466  shall receive an annual cost of living increase. The department
  467  shall calculate the new room and board rate increase equal to
  468  the percentage change in the Consumer Price Index for All Urban
  469  Consumers, U.S. City Average, All Items, not seasonally
  470  adjusted, or successor reports, for the preceding December
  471  compared to the prior December as initially reported by the
  472  United States Department of Labor, Bureau of Labor Statistics.
  473  The department shall make available the adjusted room and board
  474  rates annually.
  475         (d)(c) The amount of the monthly foster care room and board
  476  rate may be increased upon agreement among the department, the
  477  community-based care lead agency, and the foster parent.
  478         (e)(d) Community-based care lead agencies providing care
  479  under contract with the department shall pay a supplemental room
  480  and board payment to level II through level V family foster
  481  homes care parents for providing independent life skills and
  482  normalcy supports to children who are 13 through 17 years of age
  483  placed in their care. The supplemental payment shall be paid
  484  monthly to the level II through level V family foster homes care
  485  parents on a per-child basis in addition to the current monthly
  486  room and board rate payment. The supplemental monthly payment
  487  shall be based on 10 percent of the monthly room and board rate
  488  for children 13 through 21 years of age as provided under this
  489  section and adjusted annually.
  490         Section 9. Subsections (4) and (5) of section 409.166,
  491  Florida Statutes, are amended to read:
  492         409.166 Children within the child welfare system; adoption
  493  assistance program.—
  494         (4) ADOPTION ASSISTANCE.—
  495         (a)For purposes of administering payments under paragraph
  496  (d), the term:
  497         1.“Child” means an individual who has not attained 21
  498  years of age.
  499         2.“Young adult” means an individual who has attained 18
  500  years of age but who has not attained 21 years of age.
  501         (b)(a) A maintenance subsidy shall be granted only when all
  502  other resources available to a child have been thoroughly
  503  explored and it can be clearly established that this is the most
  504  acceptable plan for providing permanent placement for the child.
  505  The maintenance subsidy may not be used as a substitute for
  506  adoptive parent recruitment or as an inducement to adopt a child
  507  who might be placed without providing a subsidy. However, it
  508  shall be the policy of the department that no child be denied
  509  adoption if providing a maintenance subsidy would make adoption
  510  possible. The best interest of the child shall be the deciding
  511  factor in every case. This section does not prohibit foster
  512  parents from applying to adopt a child placed in their care.
  513  Foster parents or relative caregivers must be asked if they
  514  would adopt without a maintenance subsidy.
  515         (c)(b) The department shall provide adoption assistance to
  516  the adoptive parents, subject to specific appropriation, in the
  517  amount of $5,000 annually, paid on a monthly basis, for the
  518  support and maintenance of a child until the 18th birthday of
  519  such child or in an amount other than $5,000 annually as
  520  determined by the adoptive parents and the department and
  521  memorialized in a written agreement between the adoptive parents
  522  and the department. The agreement shall take into consideration
  523  the circumstances of the adoptive parents and the needs of the
  524  child being adopted. The amount of subsidy may be adjusted based
  525  upon changes in the needs of the child or circumstances of the
  526  adoptive parents. Changes may shall not be made without the
  527  concurrence of the adoptive parents. However, in no case shall
  528  the amount of the monthly payment exceed the foster care
  529  maintenance payment that would have been paid during the same
  530  period if the child had been in a foster family home.
  531         (d)Effective January 1, 2019, adoption assistance payments
  532  may be made for a child whose adoptive parent entered into an
  533  adoption assistance agreement after the child reached 16 years
  534  of age but before the child reached 18 years of age if the child
  535  is:
  536         1.Completing secondary education or a program leading to
  537  an equivalent credential;
  538         2.Enrolled in an institution that provides postsecondary
  539  or vocational education;
  540         3.Participating in a program or activity designed to
  541  promote or eliminate barriers to employment;
  542         4.Employed for at least 80 hours per month; or
  543         5.Unable to participate in programs or activities listed
  544  in subparagraphs 1.-4. full time due to a physical,
  545  intellectual, emotional, or psychiatric condition that limits
  546  participation. Any such barrier to participation must be
  547  supported by documentation in the child’s case file or school or
  548  medical records.
  549         (e)A child or young adult receiving benefits through the
  550  adoption assistance program is not eligible to simultaneously
  551  receive relative caregiver benefits under s. 39.5085 or
  552  postsecondary education services and support under s. 409.1451.
  553         (f)(c) The department may provide adoption assistance to
  554  the adoptive parents, subject to specific appropriation, for
  555  medical assistance initiated after the adoption of the child for
  556  medical, surgical, hospital, and related services needed as a
  557  result of a physical or mental condition of the child which
  558  existed before the adoption and is not covered by Medicaid,
  559  Children’s Medical Services, or Children’s Mental Health
  560  Services. Such assistance may be initiated at any time but shall
  561  terminate on or before the child’s 18th birthday.
  562         (5) ELIGIBILITY FOR SERVICES.—
  563         (a) As a condition of providing adoption assistance under
  564  this section and before the adoption is finalized, the adoptive
  565  parents must have an approved adoption home study and must enter
  566  into an adoption-assistance agreement with the department which
  567  specifies the financial assistance and other services to be
  568  provided.
  569         (b) A child who is handicapped at the time of adoption is
  570  shall be eligible for services through the Children’s Medical
  571  Services network established under part I of chapter 391 if the
  572  child was eligible for such services before prior to the
  573  adoption.
  574         Section 10. Subsection (3) of section 409.1678, Florida
  575  Statutes, is amended to read:
  576         409.1678 Specialized residential options for children who
  577  are victims of commercial sexual exploitation.—
  579  HOSPITAL.—Residential treatment centers licensed under s.
  580  394.875, and hospitals licensed under chapter 395 that provide
  581  residential mental health treatment, shall provide specialized
  582  treatment for commercially sexually exploited children in the
  583  custody of the department who are placed in these facilities
  584  pursuant to s. 39.407(6), s. 394.4625, or s. 394.467 and. The
  585  specialized treatment must meet the requirements of
  586  subparagraphs (2)(c)1. and 3.-7., paragraph (2)(d), and the
  587  department’s treatment standards adopted pursuant to this
  588  section. The facilities shall ensure that children are served in
  589  single-sex groups and that staff working with such children are
  590  adequately trained in the effects of trauma and sexual
  591  exploitation, the needs of child victims of commercial sexual
  592  exploitation, and how to address those needs using strength
  593  based and trauma-informed approaches.
  594         Section 11. Subsections (2), (4), (5), (6), and (14) of
  595  section 409.175, Florida Statutes, are amended to read:
  596         409.175 Licensure of family foster homes, residential
  597  child-caring agencies, and child-placing agencies; public
  598  records exemption.—
  599         (2) As used in this section, the term:
  600         (a) “Agency” means a residential child-caring agency or a
  601  child-placing agency.
  602         (b) “Boarding school” means a school that is registered
  603  with the Department of Education as a school that provides a
  604  residential service for students and that is either:
  605         1. Accredited for academic programs by the Florida Council
  606  of Independent Schools, the Southern Association of Colleges and
  607  Schools, an accrediting association that is a member of the
  608  National Council for Private School Accreditation, or an
  609  accrediting association that is a member of the Florida
  610  Association of Academic Nonpublic Schools, and that is
  611  accredited for residential programs by the Council on
  612  Accreditation, the Commission on Accreditation of Rehabilitation
  613  Facilities, or the Coalition for Residential Education; or
  614         2. Accredited by one of the organizations specified in
  615  subparagraph 1. as a boarding school that includes both an
  616  academic and residential component in its accreditation.
  617         (c) “Child” means any unmarried person under the age of 18
  618  years.
  619         (d) “Child-placing agency” means any person, corporation,
  620  or agency, public or private, other than the parent or legal
  621  guardian of the child or an intermediary acting pursuant to
  622  chapter 63, that receives a child for placement and places or
  623  arranges for the placement of a child in a family foster home,
  624  residential child-caring agency, or adoptive home.
  625         (e) “Family foster home” means a private residence in which
  626  children who are unattended by a parent or legal guardian are
  627  provided 24-hour care. The term does not include an adoptive
  628  home that has been approved by the department or a licensed
  629  child-placing agency for children placed for adoption Such homes
  630  include emergency shelter family homes and specialized foster
  631  homes for children with special needs. A person who cares for a
  632  child of a friend for a period not to exceed 90 days, a relative
  633  who cares for a child and does not receive reimbursement for
  634  such care from the state or federal government, or an adoptive
  635  home which has been approved by the department or by a licensed
  636  child-placing agency for children placed for adoption is not
  637  considered a family foster home.
  638         (f) “License” means “license” as defined in s. 120.52(10).
  639  A license under this section is issued to a family foster home
  640  or other facility and is not a professional license of any
  641  individual. Receipt of a license under this section does shall
  642  not create a property right in the recipient. A license under
  643  this act is a public trust and a privilege, and is not an
  644  entitlement. This privilege must guide the finder of fact or
  645  trier of law at any administrative proceeding or court action
  646  initiated by the department.
  647         (g)“Licensing home study” means a documented assessment,
  648  as defined by department rule, to determine the safety and
  649  appropriateness of any 24-hour living arrangement for a child
  650  who is unattended by a parent or legal guardian. A primary
  651  caregiver issued a license for a specific child may apply for a
  652  waiver of the non-safety-related and non-health-related elements
  653  of a licensing home study under the Guardianship Assistance
  654  Program established in s. 39.6225.
  655         (h)(g) “Operator” means any onsite person ultimately
  656  responsible for the overall operation of a child-placing agency,
  657  family foster home, or residential child-caring agency, whether
  658  or not she or he is the owner or administrator of such an agency
  659  or home.
  660         (i)(h) “Owner” means the person who is licensed to operate
  661  the child-placing agency, family foster home, or residential
  662  child-caring agency.
  663         (j)(i) “Personnel” means all owners, operators, employees,
  664  and volunteers working in a child-placing agency, family foster
  665  home, or residential child-caring agency who may be employed by
  666  or do volunteer work for a person, corporation, or agency that
  667  holds a license as a child-placing agency or a residential
  668  child-caring agency, but the term does not include those who do
  669  not work on the premises where child care is furnished and have
  670  no direct contact with a child or have no contact with a child
  671  outside of the presence of the child’s parent or guardian. For
  672  purposes of screening, the term includes any member, over the
  673  age of 12 years, of the family of the owner or operator or any
  674  person other than a client, over the age of 12 years, residing
  675  with the owner or operator if the agency or family foster home
  676  is located in or adjacent to the home of the owner or operator
  677  or if the family member of, or person residing with, the owner
  678  or operator has any direct contact with the children. Members of
  679  the family of the owner or operator, or persons residing with
  680  the owner or operator, who are between the ages of 12 years and
  681  18 years are not required to be fingerprinted, but must be
  682  screened for delinquency records. For purposes of screening, the
  683  term also includes owners, operators, employees, and volunteers
  684  working in summer day camps, or summer 24-hour camps providing
  685  care for children. A volunteer who assists on an intermittent
  686  basis for less than 10 hours per month may shall not be included
  687  in the term “personnel” for the purposes of screening if a
  688  person who meets the screening requirement of this section is
  689  always present and has the volunteer in his or her line of
  690  sight.
  691         (k)“Placement screening” means the act of assessing the
  692  background of household members in the family foster home and
  693  includes, but is not limited to, criminal history checks as
  694  provided in s. 39.0138 using the standards for screening set
  695  forth in that section. The term “household member” means any
  696  member of the family or any person, other than the child being
  697  placed, over the age of 12 years who resides with the owner of
  698  the family foster home if such member or person has any direct
  699  contact with the child. Household members who are between the
  700  ages of 12 and 18 years are not required to be fingerprinted but
  701  must be screened for delinquency records.
  702         (l)(j) “Residential child-caring agency” means any person,
  703  corporation, or agency, public or private, other than the
  704  child’s parent or legal guardian, that provides staffed 24-hour
  705  care for children in facilities maintained for that purpose,
  706  regardless of whether operated for profit or whether a fee is
  707  charged. Such residential child-caring agencies include, but are
  708  not limited to, maternity homes, runaway shelters, group homes
  709  that are administered by an agency, emergency shelters that are
  710  not in private residences, and wilderness camps. Residential
  711  child-caring agencies do not include hospitals, boarding
  712  schools, summer or recreation camps, nursing homes, or
  713  facilities operated by a governmental agency for the training,
  714  treatment, or secure care of delinquent youth, or facilities
  715  licensed under s. 393.067 or s. 394.875 or chapter 397.
  716         (m)(k) “Screening” means the act of assessing the
  717  background of personnel and includes, but is not limited to,
  718  employment history checks as provided in chapter 435, using the
  719  level 2 standards for screening set forth in that chapter.
  720         (n)“Severe disability” means a physical, developmental, or
  721  cognitive limitation affecting an individual’s ability to safely
  722  submit fingerprints.
  723         (o)(l) “Summer day camp” means recreational, educational,
  724  and other enrichment programs operated during summer vacations
  725  for children who are 5 years of age on or before September 1 and
  726  older.
  727         (p)(m) “Summer 24-hour camp” means recreational,
  728  educational, and other enrichment programs operated on a 24-hour
  729  basis during summer vacation for children who are 5 years of age
  730  on or before September 1 and older, that are not exclusively
  731  educational.
  732         (4)(a) A person, family foster home, or residential child
  733  caring agency may not provide continuing full-time child care or
  734  custody unless such person, home, or agency has first procured a
  735  license from the department to provide such care. This
  736  requirement does not apply to a person who is a relative of the
  737  child by blood, marriage, or adoption, a permanent guardian
  738  established under s. 39.6221, a licensed child-placing agency,
  739  or an intermediary for the purposes of adoption pursuant to
  740  chapter 63. A guardian who is applying for the Guardianship
  741  Assistance Program established in s. 39.6225 must apply for a
  742  license with the department as part of the eligibility
  743  requirements for the program.
  744         (b) A person or agency, other than a parent or legal
  745  guardian of the child or an intermediary as defined in s.
  746  63.032, may shall not place or arrange for the placement of a
  747  child in a family foster home, residential child-caring agency,
  748  or adoptive home unless such person or agency has first procured
  749  a license from the department to do so.
  750         (c) A state, county, city, or political subdivision may
  751  shall not operate a residential group care agency, or receive
  752  children for placement in residential group care facilities,
  753  family foster homes, or adoptive homes without a license issued
  754  pursuant to this section.
  755         (d) This license requirement does not apply to boarding
  756  schools, recreation and summer camps, nursing homes, hospitals,
  757  or to persons who care for children of friends or neighbors in
  758  their homes for periods not to exceed 90 days or to persons who
  759  have received a child for adoption from a licensed child-placing
  760  agency.
  761         (e) The department or licensed child-placing agency may
  762  place a 16-year-old child or 17-year-old child in her or his own
  763  unlicensed residence, or in the unlicensed residence of an adult
  764  who has no supervisory responsibility for the child, provided
  765  the department or licensed child-placing agency retains
  766  supervisory responsibility for the child.
  767         (5)(a) The department shall adopt and amend licensing rules
  768  for the levels of licensed care associated with the licensure of
  769  family foster homes, residential child-caring agencies, and
  770  child-placing agencies. The rules may also include criteria to
  771  approve waivers of licensing requirements for such homes and
  772  agencies when applying for a child-specific license.
  773         (a)Family foster homes shall be classified by levels of
  774  licensure, as follows:
  775         1.Level I.—
  776         a.Level I family foster homes are child-specific foster
  777  homes.
  778         b.The caregiver of a level I family foster home must meet
  779  all licensing requirements pursuant to paragraph (b). However,
  780  requirements not directly related to safety may be waived.
  781         2.Level II.—
  782         a.Level II family foster homes are non-child-specific
  783  foster homes.
  784         b.The caregiver of a level II family foster home must meet
  785  all licensing requirements pursuant to paragraph (b).
  786         3.Level III.—
  787         a.Level III family foster homes are safe foster homes for
  788  victims of human trafficking.
  789         b.The caregiver of a level III family foster home must
  790  meet all licensing requirements pursuant to paragraph (b) and
  791  all certification requirements pursuant to s. 409.1678.
  792         4.Level IV.—
  793         a.Level IV family foster homes are therapeutic foster
  794  homes.
  795         b.The caregiver of a level IV family foster home must meet
  796  all licensing requirements pursuant to paragraph (b) and all
  797  certification requirements established by rule by the Agency for
  798  Health Care Administration.
  799         5.Level V.—
  800         a.Level V family foster homes are medical foster homes.
  801         b.The caregiver of a level V family foster home must meet
  802  all licensing requirements pursuant to paragraph (b) and all
  803  certification requirements established by rule by the Agency for
  804  Health Care Administration The department may also adopt rules
  805  relating to the screening requirements for summer day camps and
  806  summer 24-hour camps.
  807         (b) The requirements for licensure and operation of family
  808  foster homes, residential child-caring agencies, and child
  809  placing agencies shall include:
  810         1. The operation, conduct, and maintenance of these homes
  811  and agencies and the responsibility which they assume for
  812  children served and the evidence of need for that service.
  813         2. The provision of food, clothing, educational
  814  opportunities, services, equipment, and individual supplies to
  815  assure the healthy physical, emotional, and mental development
  816  of the children served.
  817         3. The appropriateness, safety, cleanliness, and general
  818  adequacy of the premises, including fire prevention and health
  819  standards, to provide for the physical comfort, care, and well
  820  being of the children served.
  821         4. The ratio of staff to children required to provide
  822  adequate care and supervision of the children served and, in the
  823  case of foster homes, the maximum number of children in the
  824  home.
  825         5. The good moral character based upon screening,
  826  education, training, and experience requirements for personnel.
  827         6. The department may grant exemptions from
  828  disqualification from working with children or the
  829  developmentally disabled as provided in s. 435.07.
  830         7. The provision of preservice and inservice training for
  831  all foster parents and agency staff.
  832         8. Satisfactory evidence of financial ability to provide
  833  care for the children in compliance with licensing requirements.
  834         9. The maintenance by the agency of records pertaining to
  835  admission, progress, health, and discharge of children served,
  836  including written case plans and reports to the department.
  837         10. The provision for parental involvement to encourage
  838  preservation and strengthening of a child’s relationship with
  839  the family.
  840         11. The transportation safety of children served.
  841         12. The provisions for safeguarding the cultural,
  842  religious, and ethnic values of a child.
  843         13. Provisions to safeguard the legal rights of children
  844  served.
  845         (c)(b) The requirements for the licensure and operation of
  846  a child-placing agency shall also include compliance with the
  847  requirements of ss. 63.0422 and 790.335.
  848         (d)(c) The department shall randomly drug test a licensed
  849  foster parent if there is a reasonable suspicion that he or she
  850  is using illegal drugs. The cost of testing shall be paid by the
  851  foster parent but shall be reimbursed by the department if the
  852  test is negative. The department may adopt rules necessary to
  853  administer this paragraph.
  854         (e)(d) In adopting promulgating licensing rules pursuant to
  855  this section, the department may make distinctions among types
  856  of care; numbers of children served; and the physical, mental,
  857  emotional, and educational needs of the children to be served by
  858  a home or agency.
  859         (f)(e) The department may shall not adopt rules which
  860  interfere with the free exercise of religion or which regulate
  861  religious instruction or teachings in any child-caring or child
  862  placing home or agency. This section may not; however, nothing
  863  herein shall be construed to allow religious instruction or
  864  teachings that are inconsistent with the health, safety, or
  865  well-being of any child; with public morality; or with the
  866  religious freedom of children, parents, or legal guardians who
  867  place their children in such homes or agencies.
  868         (g)(f) The department’s rules shall include adoption of a
  869  form to be used by child-placing agencies during an adoption
  870  home study that requires all prospective adoptive applicants to
  871  acknowledge in writing the receipt of a document containing
  872  solely and exclusively the language provided for in s. 790.174
  873  verbatim.
  874         (6)(a) An application for a license shall be made on forms
  875  provided, and in the manner prescribed, by the department. The
  876  department shall make a determination as to the good moral
  877  character of the applicant based upon screening. Adult household
  878  members with severe disabilities may be granted an exemption
  879  from fingerprinting requirements pursuant to s. 39.0138.
  880         (b) Upon application, the department shall conduct a
  881  licensing study based on its licensing rules; shall inspect the
  882  home or the agency and the records, including financial records,
  883  of the agency; and shall interview the applicant. The department
  884  may authorize a licensed child-placing agency to conduct the
  885  licensing study of a family foster home to be used exclusively
  886  by that agency and to verify to the department that the home
  887  meets the licensing requirements established by the department.
  888  Upon certification by a licensed child-placing agency that a
  889  family foster home meets the licensing requirements and upon
  890  receipt of a letter from a community-based care lead agency in
  891  the service area where the home will be licensed which indicates
  892  that the family foster home meets the criteria established by
  893  the lead agency, the department shall issue the license. A
  894  letter from the lead agency is not required if the lead agency
  895  where the proposed home is located is directly supervising
  896  foster homes in the same service area.
  897         (c) A licensed family foster home, child-placing agency, or
  898  residential child-caring agency which applies for renewal of its
  899  license shall submit to the department a list of personnel who
  900  have worked on a continuous basis at the applicant family foster
  901  home or agency since submitting fingerprints to the department,
  902  identifying those for whom a written assurance of compliance was
  903  provided by the department and identifying those personnel who
  904  have recently begun working at the family foster home or agency
  905  and are awaiting the results of the required fingerprint check,
  906  along with the date of the submission of those fingerprints for
  907  processing. The department shall by rule determine the frequency
  908  of requests to the Department of Law Enforcement to run state
  909  criminal records checks for such personnel except for those
  910  personnel awaiting the results of initial fingerprint checks for
  911  employment at the applicant family foster home or agency.
  912         (d)1. The department may pursue other remedies provided in
  913  this section in addition to denial or revocation of a license
  914  for failure to comply with the screening requirements. The
  915  disciplinary actions determination to be made by the department
  916  and the procedure for hearing for applicants and licensees shall
  917  be in accordance with chapter 120.
  918         2. When the department has reasonable cause to believe that
  919  grounds for denial or termination of employment exist, it shall
  920  notify, in writing, the applicant, licensee, or summer or
  921  recreation camp, and the personnel affected, stating the
  922  specific record that indicates noncompliance with the screening
  923  requirements.
  924         3. Procedures established for hearing under chapter 120
  925  shall be available to the applicant, licensee, summer day camp,
  926  or summer 24-hour camp, and affected personnel, in order to
  927  present evidence relating either to the accuracy of the basis
  928  for exclusion or to the denial of an exemption from
  929  disqualification. Such procedures may also be used to challenge
  930  a decision by a community-based care lead agency’s refusal to
  931  issue a letter supporting an application for licensure. If the
  932  challenge is to the actions of the community-based care lead
  933  agency, the respondent to the challenge shall be the lead agency
  934  and the department shall be notified of the proceedings.
  935         4. Refusal on the part of an applicant to dismiss personnel
  936  who have been found not to be in compliance with the
  937  requirements for good moral character of personnel shall result
  938  in automatic denial or revocation of license in addition to any
  939  other remedies provided in this section which may be pursued by
  940  the department.
  941         (e) At the request of the department, the local county
  942  health department shall inspect a home or agency according to
  943  the licensing rules promulgated by the department. Inspection
  944  reports shall be furnished to the department within 30 days of
  945  the request. Such an inspection shall only be required when
  946  called for by the licensing agency.
  947         (f) All residential child-caring agencies must meet
  948  firesafety standards for such agencies adopted by the Division
  949  of State Fire Marshal of the Department of Financial Services
  950  and must be inspected annually. At the request of the
  951  department, firesafety inspections shall be conducted by the
  952  Division of State Fire Marshal or a local fire department
  953  official who has been certified by the division as having
  954  completed the training requirements for persons inspecting such
  955  agencies. Inspection reports shall be furnished to the
  956  department within 30 days of a request.
  957         (g) In the licensing process, the licensing staff of the
  958  department shall provide consultation on request.
  959         (h) Upon determination that the applicant meets the state
  960  minimum licensing requirements and has obtained a letter from a
  961  community-based care lead agency which indicates that the family
  962  foster home meets the criteria established by the lead agency,
  963  the department shall issue a license without charge to a
  964  specific person or agency at a specific location. A license may
  965  be issued if all the screening materials have been timely
  966  submitted; however, a license may not be issued or renewed if
  967  any person at the home or agency has failed the required
  968  screening. The license is nontransferable. A copy of the license
  969  shall be displayed in a conspicuous place. Except as provided in
  970  paragraph (j), the license is valid for 1 year from the date of
  971  issuance, unless the license is suspended or revoked by the
  972  department or is voluntarily surrendered by the licensee. The
  973  license is the property of the department.
  974         (i) The issuance of a license to operate a family foster
  975  home or agency does not require a lead agency to place a child
  976  with the home or agency. A license issued for the operation of a
  977  family foster home or agency, unless sooner suspended, revoked,
  978  or voluntarily returned, will expire automatically 1 year from
  979  the date of issuance except as provided in paragraph (j). Ninety
  980  days before prior to the expiration date, an application for
  981  renewal shall be submitted to the department by a licensee who
  982  wishes to have the license renewed. A license shall be renewed
  983  upon the filing of an application on forms furnished by the
  984  department if the applicant has first met the requirements
  985  established under this section and the rules promulgated
  986  hereunder.
  987         (j) Except for a family foster group home having a licensed
  988  capacity for more than five children, the department may issue a
  989  license that is valid for longer than 1 year but no longer than
  990  3 years to a family foster home that:
  991         1. Has maintained a license with the department as a family
  992  foster home for at least the 3 previous consecutive years;
  993         2. Remains in good standing with the department; and
  994         3. Has not been the subject of a report of child abuse or
  995  neglect with any findings of maltreatment.
  997  A family foster home that has been issued a license valid for
  998  longer than 1 year must be monitored and visited as frequently
  999  as one that has been issued a 1-year license. The department
 1000  reserves the right to reduce a licensure period to 1 year at any
 1001  time.
 1002         (k) The department may not license summer day camps or
 1003  summer 24-hour camps. However, the department shall have access
 1004  to the personnel records of such facilities to ensure compliance
 1005  with the screening requirements. The department may adopt rules
 1006  relating to the screening requirements for summer day camps and
 1007  summer 24-hour camps.
 1008         (14)(a) In order to provide improved services to children,
 1009  the department shall provide or cause to be provided preservice
 1010  training for prospective foster parents and emergency shelter
 1011  parents and inservice training for foster parents and emergency
 1012  shelter parents who are licensed and supervised by the
 1013  department.
 1014         (b) As a condition of licensure, foster parents and
 1015  emergency shelter parents shall successfully complete a minimum
 1016  of 21 hours of preservice training. The preservice training
 1017  shall be uniform statewide and shall include, but not be limited
 1018  to, such areas as:
 1019         1. Orientation regarding agency purpose, objectives,
 1020  resources, policies, and services;
 1021         2. Role of the foster parent and the emergency shelter
 1022  parent as a treatment team member;
 1023         3. Transition of a child into and out of foster care and
 1024  emergency shelter care, including issues of separation, loss,
 1025  and attachment;
 1026         4. Management of difficult child behavior that can be
 1027  intensified by placement, by prior abuse or neglect, and by
 1028  prior placement disruptions;
 1029         5. Prevention of placement disruptions;
 1030         6. Care of children at various developmental levels,
 1031  including appropriate discipline; and
 1032         7. Effects of foster parenting on the family of the foster
 1033  parent and the emergency shelter parent.
 1034         (c) In consultation with foster parents, each region
 1035  district or lead agency shall develop a plan for making the
 1036  completion of the required training as convenient as possible
 1037  for potential foster parents and emergency-shelter parents. The
 1038  plan should include, without limitation, such strategies as
 1039  providing training in nontraditional locations and at
 1040  nontraditional times. The plan must be revised at least annually
 1041  and must be included in the information provided to each person
 1042  applying to become a foster parent or emergency-shelter parent.
 1043         (d) Before Prior to licensure renewal, each level II
 1044  through level V foster parent and emergency shelter parent shall
 1045  successfully complete 8 hours of inservice training. Each level
 1046  I foster parent shall successfully complete 4 hours of inservice
 1047  training. Periodic time-limited training courses shall be made
 1048  available for selective use by foster parents and emergency
 1049  shelter parents. Such inservice training shall include subjects
 1050  affecting the daily living experiences of foster parenting as a
 1051  foster parent or as an emergency shelter parent, whichever is
 1052  appropriate. For a foster parent or emergency shelter parent
 1053  participating in the required inservice training, the department
 1054  shall reimburse such parent for travel expenditures and, if both
 1055  parents in a home are attending training or if the absence of
 1056  the parent would leave the children without departmentally
 1057  approved adult supervision, either the department shall make
 1058  provision for child care or shall reimburse the foster or
 1059  emergency shelter parents for child care purchased by the
 1060  parents for children in their care.
 1061         Section 12. Subsection (1) of section 39.302, Florida
 1062  Statutes, is amended to read:
 1063         39.302 Protective investigations of institutional child
 1064  abuse, abandonment, or neglect.—
 1065         (1) The department shall conduct a child protective
 1066  investigation of each report of institutional child abuse,
 1067  abandonment, or neglect. Upon receipt of a report that alleges
 1068  that an employee or agent of the department, or any other entity
 1069  or person covered by s. 39.01(37) or (54) s. 39.01(32) or (48),
 1070  acting in an official capacity, has committed an act of child
 1071  abuse, abandonment, or neglect, the department shall initiate a
 1072  child protective investigation within the timeframe established
 1073  under s. 39.201(5) and notify the appropriate state attorney,
 1074  law enforcement agency, and licensing agency, which shall
 1075  immediately conduct a joint investigation, unless independent
 1076  investigations are more feasible. When conducting investigations
 1077  or having face-to-face interviews with the child, investigation
 1078  visits shall be unannounced unless it is determined by the
 1079  department or its agent that unannounced visits threaten the
 1080  safety of the child. If a facility is exempt from licensing, the
 1081  department shall inform the owner or operator of the facility of
 1082  the report. Each agency conducting a joint investigation is
 1083  entitled to full access to the information gathered by the
 1084  department in the course of the investigation. A protective
 1085  investigation must include an interview with the child’s parent
 1086  or legal guardian. The department shall make a full written
 1087  report to the state attorney within 3 working days after making
 1088  the oral report. A criminal investigation shall be coordinated,
 1089  whenever possible, with the child protective investigation of
 1090  the department. Any interested person who has information
 1091  regarding the offenses described in this subsection may forward
 1092  a statement to the state attorney as to whether prosecution is
 1093  warranted and appropriate. Within 15 days after the completion
 1094  of the investigation, the state attorney shall report the
 1095  findings to the department and shall include in the report a
 1096  determination of whether or not prosecution is justified and
 1097  appropriate in view of the circumstances of the specific case.
 1098         Section 13. Paragraph (c) of subsection (1) of section
 1099  39.6012, Florida Statutes, is amended to read:
 1100         39.6012 Case plan tasks; services.—
 1101         (1) The services to be provided to the parent and the tasks
 1102  that must be completed are subject to the following:
 1103         (c) If there is evidence of harm as defined in s.
 1104  39.01(35)(g) s. 39.01(30)(g), the case plan must include as a
 1105  required task for the parent whose actions caused the harm that
 1106  the parent submit to a substance abuse disorder assessment or
 1107  evaluation and participate and comply with treatment and
 1108  services identified in the assessment or evaluation as being
 1109  necessary.
 1110         Section 14. Paragraph (p) of subsection (4) of section
 1111  394.495, Florida Statutes, is amended to read:
 1112         394.495 Child and adolescent mental health system of care;
 1113  programs and services.—
 1114         (4) The array of services may include, but is not limited
 1115  to:
 1116         (p) Trauma-informed services for children who have suffered
 1117  sexual exploitation as defined in s. 39.01(77)(g) s.
 1118  39.01(71)(g).
 1119         Section 15. Paragraph (b) of subsection (2) of section
 1120  409.1676, Florida Statutes, is amended to read:
 1121         409.1676 Comprehensive residential group care services to
 1122  children who have extraordinary needs.—
 1123         (2) As used in this section, the term:
 1124         (b) “Residential group care” means a living environment for
 1125  children who have been adjudicated dependent and are expected to
 1126  be in foster care for at least 6 months with 24-hour-awake staff
 1127  or live-in group home parents or staff. Each facility must be
 1128  appropriately licensed in this state as a residential child
 1129  caring agency as defined in s.409.175(2)(l) s. 409.175(2)(j) and
 1130  must be accredited by July 1, 2005. A residential group care
 1131  facility serving children having a serious behavioral problem as
 1132  defined in this section must have available staff or contract
 1133  personnel with the clinical expertise, credentials, and training
 1134  to provide services identified in subsection (4).
 1135         Section 16. Subsection (5) of section 960.065, Florida
 1136  Statutes, is amended to read:
 1137         960.065 Eligibility for awards.—
 1138         (5) A person is not ineligible for an award pursuant to
 1139  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 1140  person is a victim of sexual exploitation of a child as defined
 1141  in s. 39.01(77)(g) s. 39.01(71)(g).
 1142         Section 17. This act shall take effect July 1, 2018.