Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1650 Ì769118<Î769118 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 03/01/2018 01:33 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Book moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 269 and 270 4 insert: 5 Section 3. Section 39.01304, Florida Statutes, is created 6 to read: 7 39.01304 Early childhood court programs.— 8 (1) LEGISLATIVE FINDINGS AND INTENT.— 9 (a) The Legislature finds that the traditional dependency 10 court process focuses primarily on ensuring safety and 11 permanency for young children, while paying less attention to 12 the mental health and developmental needs of those children 13 related to maltreatment and the disruption in the parent-child 14 relationship. 15 (b) The Legislature also finds that the emotional problems 16 that manifest themselves in infancy and early childhood are less 17 obvious than the behavioral and mental health problems of older 18 children in out-of-home care. 19 (c) The Legislature also finds it is important to identify 20 evidence-based practices and trauma-informed care approaches to 21 mitigate the impact of maltreatment on young children placed in 22 out-of-home care and to improve outcomes for them and their 23 families. 24 (d) The Legislature further finds that every young child in 25 out-of-home care should be afforded the advantages that can be 26 gained from the use of specialized dockets, multidisciplinary 27 teams, and a nonadversarial approach in connection with 28 dependency proceedings in a systems integration approach to heal 29 the child and, if possible, the parent-child relationship. 30 (e) It is the intent of the Legislature to encourage the 31 department, the Department of Health, the early learning 32 coalitions, and other such agencies, local governments, 33 interested public or private entities, and individuals to 34 support the creation and establishment of early childhood court 35 programs. 36 (2) PROGRAM DEVELOPMENT.—An early childhood court is a 37 problem-solving court with a specialized court docket created 38 under this section that uses evidence-based practices and 39 trauma-informed care approaches to address cases involving young 40 children in out-of-home care. An early childhood court depends 41 on the leadership of a judge or magistrate knowledgeable about 42 the science of early childhood development who requires rigorous 43 efforts to heal the child physically and emotionally, as well as 44 broad collaboration among professionals from different systems 45 working directly in the court as a team with a shared 46 understanding that the parent-child relationship is the 47 foundation of child well-being. A court may be recognized by the 48 Office of the State Courts Administrator as an early childhood 49 court if it contains the following components: 50 (a) Judicial leadership.—In an early childhood court, 51 therapeutic jurisprudence drives every aspect of judicial 52 practice on the bench. The judge engages in practices seldom 53 seen in traditional courtrooms in order to support the 54 therapeutic work of the parent and child in a nonadversarial 55 manner. As used in this section, the term “therapeutic 56 jurisprudence” means the study of how the law acts as a 57 therapeutic agent and focuses on the law’s impact on emotional 58 and psychological well-being. 59 (b) Community coordination.—Each early childhood court must 60 have a procedure for coordinating services and resources for 61 families with a case on the court docket. To meet this 62 requirement, the court either may hire a local community 63 coordinator with child development expertise who works with the 64 judge or magistrate to facilitate collaboration among the 65 members of the court team or use a coordination system that 66 integrates and institutionalizes a progression of services. 67 (c) Court team.—The court team is made up of key community 68 stakeholders who commit to work with the judge or magistrate to 69 restructure the way the community responds to the needs of 70 maltreated children. The team may include, but not be limited 71 to, early intervention specialists; mental health and infant 72 mental health professionals; attorneys representing children, 73 parents, and the child welfare system; children’s advocates; 74 early learning coalitions and child care providers; substance 75 abuse treatment providers; primary health care providers; and 76 guardians ad litem. The court team shall also address the need 77 for children in an early childhood court program to receive 78 medical care in a medical home, a screening for developmental 79 delays conducted by the local agency responsible for complying 80 with part C of the Individuals with Disabilities Education Act, 81 and quality child care. 82 (d) Continuum of mental health services.—Young children who 83 have experienced trauma may benefit from mental health services 84 that work with them and their parents. Parents who maltreat 85 their very young children need some level of intervention to 86 help them understand their children’s needs and learn ways to 87 build strong supportive bonds. The continuum of mental health 88 services provided should include a focus on the parent-child 89 relationship and should be appropriate for each child and family 90 served. 91 92 While an early childhood court typically serves children from 93 the ages of 0-3 years of age, nothing in this section shall 94 prevent a court from expanding the docket to include children 95 over 3 years of age depending on available resources. 96 (3) PROGRAM IMPLEMENTATION.—Subject to appropriation and 97 the availability of additional resources: 98 (a) The courts may create early childhood court programs 99 that use specialized dockets, multidisciplinary teams, and a 100 nonadversarial approach in connection with dependency 101 proceedings. 102 (b) By August 1, 2018, the Office of the State Courts 103 Administrator shall coordinate with the appropriate circuit 104 court to hire and train a full-time community coordinator at 105 each early childhood court program site that was in existence on 106 July 1, 2018, and may hire a statewide community coordinator to 107 implement the program. If an early childhood court uses an 108 alternative coordination system under paragraph (2)(b), the 109 Office of the State Courts Administrator may provide funding 110 equivalent to a community coordinator position to the court for 111 case coordination functions. 112 (c) The Office of the State Courts Administrator shall 113 contract with one or more university-based centers with an 114 expertise in infant mental health to hire a clinical director to 115 ensure quality, accountability, and fidelity to the early 116 childhood court model, including, but not limited to, training 117 and technical assistance related to clinical services, clinical 118 consultation and guidance for difficult cases, and ongoing 119 clinical training for court teams. 120 (4) TRAINING.—Within appropriated funds, the Office of the 121 State Courts Administrator, in partnership with contracted 122 centers in subsection (3), shall provide training to the 123 participating court teams on meeting the program objectives. 124 (5) EVALUATION OF THE PROGRAM.— 125 (a) In consultation with the department, the Office of the 126 State Courts Administrator, and contracted centers in subsection 127 (3), the Florida Institute for Child Welfare shall evaluate the 128 impact of the early childhood court program, if implemented, on 129 children and families in Florida’s child welfare system. 130 (b) The evaluation must include the analysis of data 131 collected by the Office of the State Courts Administrator and 132 measurable outcomes, including, but not limited to, the impact 133 of the early childhood court program on the future incidence of 134 maltreatment of children, timely permanency, reunification of 135 families, and incidents of children reentering the child welfare 136 system. The evaluation must provide recommendations as to 137 whether and how the program should be expanded, the projected 138 costs of such expansion, and projected savings to the state 139 resulting from the program. 140 (c) The institute shall submit the results of the 141 evaluation to the Governor, the President of the Senate, and the 142 Speaker of the House of Representatives, by October 1, 2021. 143 (6) ANNUAL REPORTS.—By December 1, 2019 and 2020, the 144 Florida Institute for Child Welfare shall provide reports on the 145 status of the program, if implemented, to the Governor, the 146 President of the Senate, and the Speaker of the House of 147 Representatives. 148 149 ================= T I T L E A M E N D M E N T ================ 150 And the title is amended as follows: 151 Between lines 8 and 9 152 insert: 153 creating s. 39.01304, F.S.; providing legislative 154 findings and intent; requiring a court to incorporate 155 specified components to be considered an early 156 childhood court; subject to an appropriation and 157 available resources, authorizing the courts to create 158 early childhood court programs; requiring the Office 159 of the State Courts Administrator to coordinate with 160 the appropriate circuit court to employ and train a 161 community coordinator for each program site in 162 existence on a certain date; authorizing the office to 163 hire a statewide community coordinator; authorizing 164 the office to provide certain funding if an early 165 childhood court uses an alternative coordination 166 system; requiring the office to contract with certain 167 university-based centers; requiring a contracted 168 center to hire a clinical director for specified 169 purposes; requiring the office, in partnership with 170 the centers and within appropriated funds, to provide 171 training to program court teams; requiring the Florida 172 Institute for Child Welfare to conduct an evaluation 173 of the program’s impact in consultation with the 174 Department of Children and Families, the office, and 175 the contracted centers; requiring the evaluation to 176 include certain data and recommendations; requiring 177 the institute to submit the results of its evaluation 178 to the Governor and the Legislature by a specified 179 date; requiring the institute to submit annual 180 reports;