Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (608810) for CS for SB 590
       
       
       
       
       
       
                                Ì614878\Î614878                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2018           .                                
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       The Committee on Appropriations (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective January 1, 2019, section 39.4015,
    6  Florida Statutes, is created to read:
    7         39.4015 Family finding.—
    8         (1) LEGISLATIVE FINDINGS AND INTENT.—
    9         (a) The Legislature finds that every child who is in out
   10  of-home care has the goal of finding a permanent home, whether
   11  achieved by reunifying the child with his or her parents or
   12  finding another permanent connection, such as adoption or legal
   13  guardianship with a relative or nonrelative who has a
   14  significant relationship with the child.
   15         (b) The Legislature finds that while legal permanency is
   16  important to a child in out-of-home care, emotional permanency
   17  helps increase the likelihood that children will achieve
   18  stability and well-being and successfully transition to
   19  independent adulthood.
   20         (c) The Legislature also finds that research has
   21  consistently shown that placing a child within his or her own
   22  family reduces the trauma of being removed from his or her home,
   23  is less likely to result in placement disruptions, and enhances
   24  prospects for finding a permanent family if the child cannot
   25  return home.
   26         (d) The Legislature further finds that the primary purpose
   27  of family finding is to facilitate legal and emotional
   28  permanency for children who are in out-of-home care by finding
   29  and engaging their relatives.
   30         (e) It is the intent of the Legislature that every child in
   31  out-of-home care be afforded the advantages that can be gained
   32  from the use of family finding to establish caring and long-term
   33  or permanent connections and relationships for children and
   34  youth in out-of-home care, as well as to establish a long-term
   35  emotional support network with family members and other adults
   36  who may not be able to take the child into their home but who
   37  want to stay connected with the child.
   38         (2) DEFINITIONS.—As used in this section, the term:
   39         (a) “Diligent efforts” means the use of methods and
   40  techniques including, but not limited to, interviews with
   41  immediate and extended family and kin, genograms, eco-mapping,
   42  case mining, cold calls, and specialized computer searches.
   43         (b) “Family finding” means an intensive relative search and
   44  engagement technique used in identifying family and other close
   45  adults for children in out-of-home care and involving them in
   46  developing and carrying out a plan for the emotional and legal
   47  permanency of a child.
   48         (c) “Family group decisionmaking” is a generic term that
   49  includes a number of approaches in which family members and
   50  fictive kin are brought together to make decisions about how to
   51  care for their children and develop a plan for services. The
   52  term includes family team conferencing, family team meetings,
   53  family group conferencing, family team decisionmaking, family
   54  unity meetings, and team decisionmaking, which may consist of
   55  several phases and employ a trained facilitator or coordinator.
   56         (d) “Fictive kin” means an individual who is unrelated to
   57  the child by either birth or marriage, but has such a close
   58  emotional relationship with the child that he or she may be
   59  considered part of the family.
   60         (3) FAMILY-FINDING PROGRAM.—The department, in
   61  collaboration with sheriffs’ offices that conduct child
   62  protective investigations and community-based care lead
   63  agencies, shall develop a formal family-finding program to be
   64  implemented statewide by child protective investigators and
   65  community-based care lead agencies. Implementation of the
   66  program is contingent upon the appropriation of funds by the
   67  Legislature specifically for the program.
   68         (a) Family finding is required as soon as a child comes to
   69  the attention of the department and throughout the duration of
   70  the case, and finding and engaging with as many family members
   71  and fictive kin as possible for each child who may help with
   72  care or support for the child is considered a best practice. The
   73  department or community-based care lead agency must specifically
   74  document strategies taken to locate and engage relatives and
   75  kin. Strategies of engagement may include, but are not limited
   76  to, asking the relatives and kin to:
   77         1. Participate in a family group decisionmaking conference,
   78  family team conferencing, or other family meetings aimed at
   79  developing or supporting the family service plan;
   80         2. Attend visitations with the child;
   81         3. Assist in transportation of the child;
   82         4. Provide respite or child care services; or
   83         5. Provide actual kinship care.
   84         (b) The department and the community-based care lead
   85  agencies must use diligent efforts in family finding, must
   86  continue those efforts until multiple relatives and kin are
   87  identified, and must go beyond basic searching tools by
   88  exploring alternative tools and methodologies. Efforts by the
   89  department and the community-based care lead agency may include,
   90  but are not limited to:
   91         1. Searching for and locating adult relatives and kin.
   92         2. Identifying and building positive connections between
   93  the child and the child’s relatives and fictive kin.
   94         3. Supporting the engagement of relatives and fictive kin
   95  in social service planning and delivery of services and creating
   96  a network of extended family support to assist in remedying the
   97  concerns that led to the child becoming involved with the child
   98  welfare system, when appropriate.
   99         4. Maintaining family connections, when possible.
  100         5. Keeping siblings together in care, when in the best
  101  interest of each child and when possible.
  102         (c) A basic computer search using the Internet or attempts
  103  to contact known relatives at a last known address or telephone
  104  number do not constitute effective family finding.
  105         (d) The court’s inquiry and determination regarding family
  106  finding should be made at each stage of the case, including a
  107  shelter hearing conducted pursuant to s. 39.402. The court shall
  108  place its determinations on the record as to whether the
  109  department or community-based care lead agency has reasonably
  110  engaged in family finding. The level of reasonableness is to be
  111  determined by the length of the case and the amount of time the
  112  department or community-based care lead agency has had to begin
  113  or continue the process.
  114         (4) RULEMAKING.—The department shall adopt rules to
  115  implement this section.
  116         Section 2. Paragraphs (c) and (d) of subsection (11) of
  117  section 39.402, Florida Statutes, and subsection (17) of that
  118  section are amended to read:
  119         39.402 Placement in a shelter.—
  120         (11)
  121         (c) The court shall request that the parents consent to
  122  provide access to the child’s child care records, early
  123  education program records, or other educational records and
  124  provide information to the court, the department or its contract
  125  agencies, and any guardian ad litem or attorney for the child.
  126  If a parent is unavailable or unable to consent or withholds
  127  consent and the court determines access to the records and
  128  information is necessary to provide services to the child, the
  129  court shall issue an order granting access.
  130         (d) The court may appoint a surrogate parent or may refer
  131  the child to the district school superintendent for appointment
  132  of a surrogate parent if the child has or is suspected of having
  133  a disability and the parent is unavailable pursuant to s.
  134  39.0016(3)(b). If the child is under the age of school entry,
  135  the court must make the appointment.
  136         (17) At the shelter hearing, the court shall inquire of the
  137  parent whether the parent has relatives who might be considered
  138  as a placement for the child. The parent shall provide to the
  139  court and all parties identification and location information
  140  regarding the relatives. The court shall advise the parent that
  141  the parent has a continuing duty to inform the department of any
  142  relative who should be considered for placement of the child.
  143  Upon implementation of the program authorized under s. 39.4015,
  144  the court shall place its determinations on the record as to
  145  whether the department or community-based care lead agency has
  146  reasonably engaged in family finding. The level of
  147  reasonableness is to be determined by the length of the case and
  148  amount of time the department or community-based care lead
  149  agency has had to begin or continue the process.
  150         Section 3. Present subsection (9) of section 39.506,
  151  Florida Statutes, is redesignated as subsection (10), and a new
  152  subsection (9) is added to that section, to read:
  153         39.506 Arraignment hearings.—
  154         (9)Upon implementation of the program authorized under s.
  155  39.4015, the court shall review whether the department or
  156  community-based care lead agency has reasonably engaged in
  157  family finding and make a written determination as to its
  158  findings. The level of reasonableness is determined by the
  159  length of the case and amount of time the department or
  160  community-based care lead agency has had to begin or continue
  161  the process.
  162         Section 4. Paragraphs (c) and (d) of subsection (7) of
  163  section 39.507, Florida Statutes, are amended to read:
  164         39.507 Adjudicatory hearings; orders of adjudication.—
  165         (7)
  166         (c) If a court adjudicates a child dependent and the child
  167  is in out-of-home care, the court shall inquire of the parent or
  168  parents whether the parents have relatives who might be
  169  considered as a placement for the child. The court shall advise
  170  the parents that, if the parents fail to substantially comply
  171  with the case plan, their parental rights may be terminated and
  172  that the child’s out-of-home placement may become permanent. The
  173  parent or parents shall provide to the court and all parties
  174  identification and location information of the relatives. Upon
  175  implementation of the program authorized under s. 39.4015, the
  176  court shall review whether the department or community-based
  177  care lead agency has reasonably engaged in family finding and
  178  make a written determination as to its findings. The level of
  179  reasonableness is determined by the length of the case and
  180  amount of time the department or community-based care lead
  181  agency has had to begin or continue the process.
  182         (d)The court shall advise the parents that, if they fail
  183  to substantially comply with the case plan, their parental
  184  rights may be terminated and that the child’s out-of-home
  185  placement may become permanent.
  186         Section 5. Section 39.5086, Florida Statutes, is created to
  187  read:
  188         39.5086Kinship navigator programs.—
  189         (1) LEGISLATIVE FINDINGS AND INTENT.—
  190         (a) The Legislature finds that an increasing number of
  191  relatives and fictive kin are assuming the responsibility of
  192  raising children because the parents of these children are
  193  unable to care for them.
  194         (b) The Legislature also finds that these kinship
  195  caregivers perform a vital function by providing homes for
  196  children who would otherwise be at risk of foster care placement
  197  and that kinship care is a crucial option in the spectrum of
  198  out-of-home care available to children in need.
  199         (c) The Legislature finds that children living with kinship
  200  caregivers experience increased placement stability, are less
  201  likely to reenter care if they are reunified with their parents,
  202  and have better behavioral and mental health outcomes.
  203         (d) The Legislature further finds that these kinship
  204  caregivers may face a number of difficulties and need assistance
  205  to support the health and well-being of the children in their
  206  care. These needs include, but are not limited to, financial
  207  assistance, legal assistance, respite care, child care,
  208  specialized training, and counseling.
  209         (e) It is the intent of the Legislature to provide for the
  210  establishment and implementation of procedures and protocols
  211  that are likely to increase and adequately support appropriate
  212  and safe kinship care placements.
  213         (2) DEFINITIONS.—As used this section, the term:
  214         (a) “Fictive kin” means an individual who is unrelated to
  215  the child by either birth or marriage, but has such a close
  216  emotional relationship with the child that he or she may be
  217  considered part of the family.
  218         (b) “Kinship care” means the full-time care of a child
  219  placed in out-of-home care by the court in the home of a
  220  relative or fictive kin.
  221         (c) “Kinship navigator program” means a statewide program
  222  designed to ensure that kinship caregivers are provided with
  223  necessary resources for the preservation of the family.
  224         (d) “Relative” means an individual who is caring full time
  225  for a child placed in out-of-home care by the court and who:
  226         1. Is related to the child within the fifth degree by blood
  227  or marriage to the parent or stepparent of the child; or
  228         2. Is related to a half-sibling of that child within the
  229  fifth degree by blood or marriage to the parent or stepparent.
  230         (3) PURPOSE AND SERVICES.—
  231         (a) The purpose of a kinship navigator program is to help
  232  relative caregivers and fictive kin in the child welfare system
  233  to navigate the broad range of services available to them and
  234  the children from public, private, community, and faith-based
  235  organizations.
  236         (b) Contingent upon a specific appropriation, effective
  237  January 1, 2019, each community-based care lead agency shall
  238  establish a kinship navigator program. In order to meet the
  239  requirements of a kinship navigator program, the program must:
  240         1. Be coordinated with other state or local agencies that
  241  promote service coordination or provide information and referral
  242  services, including any entities that participate in the Florida
  243  211 Network, to avoid duplication or fragmentation of services
  244  to kinship care families;
  245         2. Be planned and operated in consultation with kinship
  246  caregivers and organizations representing them, youth raised by
  247  kinship caregivers, relevant governmental agencies, and relevant
  248  community-based or faith-based organizations;
  249         3.Establish a toll-free telephone hotline to provide
  250  information to link kinship caregivers, kinship support group
  251  facilitators, and kinship service providers to:
  252         a.One another;
  253         b.Eligibility and enrollment information for federal,
  254  state, and local benefits;
  255         c.Relevant training to assist kinship caregivers in
  256  caregiving and in obtaining benefits and services; and
  257         d.Relevant knowledge related to legal options available
  258  for child custody, other legal assistance, and help in obtaining
  259  legal services.
  260         4.Provide outreach to kinship care families, including by
  261  establishing, distributing, and updating a kinship care website,
  262  or other relevant guides or outreach materials; and
  263         5.Promote partnerships between public and private
  264  agencies, including schools, community-based or faith-based
  265  organizations, and relevant governmental agencies, to increase
  266  their knowledge of the needs of kinship care families to promote
  267  better services for those families.
  268         (4) RULEMAKING.—The department shall adopt rules to
  269  implement this section.
  270         Section 6. Paragraph (e) of subsection (1) of section
  271  39.521, Florida Statutes, is amended to read:
  272         39.521 Disposition hearings; powers of disposition.—
  273         (1) A disposition hearing shall be conducted by the court,
  274  if the court finds that the facts alleged in the petition for
  275  dependency were proven in the adjudicatory hearing, or if the
  276  parents or legal custodians have consented to the finding of
  277  dependency or admitted the allegations in the petition, have
  278  failed to appear for the arraignment hearing after proper
  279  notice, or have not been located despite a diligent search
  280  having been conducted.
  281         (e) The court shall, in its written order of disposition,
  282  include all of the following:
  283         1. The placement or custody of the child.
  284         2. Special conditions of placement and visitation.
  285         3. Evaluation, counseling, treatment activities, and other
  286  actions to be taken by the parties, if ordered.
  287         4. The persons or entities responsible for supervising or
  288  monitoring services to the child and parent.
  289         5. Continuation or discharge of the guardian ad litem, as
  290  appropriate.
  291         6. The date, time, and location of the next scheduled
  292  review hearing, which must occur within the earlier of:
  293         a. Ninety days after the disposition hearing;
  294         b. Ninety days after the court accepts the case plan;
  295         c. Six months after the date of the last review hearing; or
  296         d. Six months after the date of the child’s removal from
  297  his or her home, if no review hearing has been held since the
  298  child’s removal from the home.
  299         7. If the child is in an out-of-home placement, child
  300  support to be paid by the parents, or the guardian of the
  301  child’s estate if possessed of assets which under law may be
  302  disbursed for the care, support, and maintenance of the child.
  303  The court may exercise jurisdiction over all child support
  304  matters, shall adjudicate the financial obligation, including
  305  health insurance, of the child’s parents or guardian, and shall
  306  enforce the financial obligation as provided in chapter 61. The
  307  state’s child support enforcement agency shall enforce child
  308  support orders under this section in the same manner as child
  309  support orders under chapter 61. Placement of the child shall
  310  not be contingent upon issuance of a support order.
  311         8.a. If the court does not commit the child to the
  312  temporary legal custody of an adult relative, legal custodian,
  313  or other adult approved by the court, the disposition order must
  314  shall include the reasons for such a decision and, upon
  315  implementation of the program authorized under s. 39.4015, shall
  316  include a written determination as to whether diligent efforts
  317  were made by the department and the community-based care lead
  318  agency reasonably engaged in family finding in attempting to
  319  locate an adult relative, legal custodian, or other adult
  320  willing to care for the child in order to present that placement
  321  option to the court instead of placement with the department.
  322  The level of reasonableness is determined by the length of the
  323  case and amount of time the department or community-based care
  324  lead agency has had to begin or continue the process.
  325         b. If no suitable relative is found and the child is placed
  326  with the department or a legal custodian or other adult approved
  327  by the court, both the department and the court shall consider
  328  transferring temporary legal custody to an adult relative
  329  approved by the court at a later date, but neither the
  330  department nor the court is obligated to so place the child if
  331  it is in the child’s best interest to remain in the current
  332  placement.
  333  
  334  For the purposes of this section, “diligent efforts to locate an
  335  adult relative” means a search similar to the diligent search
  336  for a parent, but without the continuing obligation to search
  337  after an initial adequate search is completed.
  338         9. Other requirements necessary to protect the health,
  339  safety, and well-being of the child, to preserve the stability
  340  of the child’s child care, early education program, or any other
  341  educational placement, and to promote family preservation or
  342  reunification whenever possible.
  343         Section 7. Paragraph (b) of subsection (2) and paragraph
  344  (a) of subsection (3) of section 39.6012, Florida Statutes, are
  345  amended to read:
  346         39.6012 Case plan tasks; services.—
  347         (2) The case plan must include all available information
  348  that is relevant to the child’s care including, at a minimum:
  349         (b) A description of the plan for ensuring that the child
  350  receives safe and proper care and that services are provided to
  351  the child in order to address the child’s needs. To the extent
  352  available and accessible, the following health, mental health,
  353  and education information and records of the child must be
  354  attached to the case plan and updated throughout the judicial
  355  review process:
  356         1. The names and addresses of the child’s health, mental
  357  health, and educational providers;
  358         2. The child’s grade level performance;
  359         3. The child’s school record or, if the child is under the
  360  age of school entry, any records from a child care program,
  361  early education program, or preschool program;
  362         4.Documentation of compliance or noncompliance with the
  363  attendance requirements under s. 39.604, if the child is
  364  enrolled in a child care program, early education program, or
  365  preschool program;
  366         5.4. Assurances that the child’s placement takes into
  367  account proximity to the school in which the child is enrolled
  368  at the time of placement;
  369         6.5. A record of The child’s immunizations;
  370         7.6. The child’s known medical history, including any known
  371  health problems;
  372         8.7. The child’s medications, if any; and
  373         9.8. Any other relevant health, mental health, and
  374  education information concerning the child.
  375         (3) In addition to any other requirement, if the child is
  376  in an out-of-home placement, the case plan must include:
  377         (a) A description of the type of placement in which the
  378  child is to be living and, if the child has been placed with the
  379  department and the program as authorized under s. 39.4015 has
  380  been implemented, whether the department and the community-based
  381  care lead agency have reasonably engaged in family finding to
  382  locate an adult relative, legal custodian, or other adult
  383  willing to care for the child in order to present that placement
  384  option to the court instead of placement with the department.
  385         Section 8. Section 39.604, Florida Statutes, is amended to
  386  read:
  387         39.604 Rilya Wilson Act; short title; legislative intent;
  388  requirements; attendance; stability and transitions reporting
  389  responsibilities.—
  390         (1) SHORT TITLE.—This section may be cited as the “Rilya
  391  Wilson Act.”
  392         (2) LEGISLATIVE FINDINGS AND INTENT.—
  393         (a) The Legislature finds that children from birth to age 5
  394  years are particularly vulnerable to maltreatment and that they
  395  enter out-of-home care in disproportionately high numbers.
  396         (b) The Legislature also finds that children who are abused
  397  or neglected are at high risk of experiencing physical and
  398  mental health problems and problems with language and
  399  communication, cognitive development, and social and emotional
  400  development.
  401         (c) The Legislature also finds that providing early
  402  intervention and services, as well as quality child care and
  403  early education programs to support the healthy development of
  404  these young children, can have positive effects that last
  405  throughout childhood and into adulthood.
  406         (d) The Legislature also finds that the needs of each of
  407  these children are unique, and while some children may be best
  408  served by a quality child care or early education program,
  409  others may need more attention and nurturing that can best be
  410  provided by a stay-at-home caregiver The Legislature recognizes
  411  that children who are in the care of the state due to abuse,
  412  neglect, or abandonment are at increased risk of poor school
  413  performance and other behavioral and social problems.
  414         (e) It is the intent of the Legislature that children who
  415  are currently in out-of-home the care of the state be provided
  416  with an age-appropriate developmental child care or early
  417  education arrangement that is in the best interest of the child
  418  education program to help ameliorate the negative consequences
  419  of abuse, neglect, or abandonment.
  420         (3) REQUIREMENTS.—
  421         1. A child from birth to the age of school entry, who is
  422  under court-ordered protective supervision or in out-of-home
  423  care and is the custody of the Family Safety Program Office of
  424  the Department of Children and Families or a community-based
  425  lead agency, and enrolled in an a licensed early education or
  426  child care program must attend the program 5 days a week unless
  427  the court grants an exception due to the court determining it is
  428  in the best interest of a child from birth to age 3 years:
  429         a. With a stay-at-home caregiver to remain at home.
  430         b. With a caregiver who works less than full time to attend
  431  an early education or child care program fewer than 5 days a
  432  week.
  433         2. Notwithstanding s. 39.202, the department of Children
  434  and Families must notify operators of an the licensed early
  435  education or child care program, subject to the reporting
  436  requirements of this act, of the enrollment of any child from
  437  birth to the age of school entry, under court-ordered protective
  438  supervision or in out-of-home care. If the custody of the Family
  439  Safety Program Office of the Department of Children and Families
  440  or a community-based lead agency. When a child is enrolled in an
  441  early education or child care program regulated by the
  442  department, the child’s attendance in the program must be a
  443  required task action in the safety plan or the case plan
  444  developed for the child pursuant to this chapter. An exemption
  445  to participating in the licensed early education or child care
  446  program 5 days a week may be granted by the court.
  447         (4) ATTENDANCE AND REPORTING REQUIREMENTS.—
  448         1.(a) A child enrolled in an a licensed early education or
  449  child care program who meets the requirements of paragraph (b)
  450  subsection (3) may not be withdrawn from the program without the
  451  prior written approval of the department Family Safety Program
  452  Office of the Department of Children and Families or the
  453  community-based care lead agency.
  454         2.a.(b)1. If a child covered by this section is absent from
  455  the program on a day when he or she is supposed to be present,
  456  the person with whom the child resides must report the absence
  457  to the program by the end of the business day. If the person
  458  with whom the child resides, whether the parent or caregiver,
  459  fails to timely report the absence, the absence is considered to
  460  be unexcused. The program shall report any unexcused absence or
  461  seven consecutive excused absences of a child who is enrolled in
  462  the program and covered by this act to the local designated
  463  staff of the Family Safety Program Office of the department of
  464  Children and Families or the community-based care lead agency by
  465  the end of the business day following the unexcused absence or
  466  seventh consecutive excused absence.
  467         b.2. The department or community-based care lead agency
  468  shall conduct a site visit to the residence of the child upon
  469  receiving a report of two consecutive unexcused absences or
  470  seven consecutive excused absences.
  471         c.3. If the site visit results in a determination that the
  472  child is missing, the department or community-based care lead
  473  agency shall follow the procedure set forth in s. 39.0141 report
  474  the child as missing to a law enforcement agency and proceed
  475  with the necessary actions to locate the child pursuant to
  476  procedures for locating missing children.
  477         d.4. If the site visit results in a determination that the
  478  child is not missing, the parent or caregiver shall be notified
  479  that failure to ensure that the child attends the licensed early
  480  education or child care program is a violation of the safety
  481  plan or the case plan. If more than two site visits are
  482  conducted pursuant to this subsection, staff shall initiate
  483  action to notify the court of the parent or caregiver’s
  484  noncompliance with the case plan.
  485         (5) EDUCATIONAL STABILITY.—Just as educational stability is
  486  important for school-age children, it is also important to
  487  minimize disruptions to secure attachments and stable
  488  relationships with supportive caregivers of children from birth
  489  to school age and to ensure that these attachments are not
  490  disrupted due to placement in out-of-home care or subsequent
  491  changes in out-of-home placement.
  492         (a) A child must be allowed to remain in the child care or
  493  early educational setting that he or she attended before entry
  494  into out-of-home care, unless the program is not in the best
  495  interest of the child.
  496         (b) If it is not in the best interest of the child for him
  497  or her to remain in his or her child care or early education
  498  setting upon entry into out-of-home care, the caregiver must
  499  work with the case manager, guardian ad litem, child care and
  500  educational staff, and educational surrogate, if one has been
  501  appointed, to determine the best setting for the child. Such
  502  setting may be a child care provider that receives a Gold Seal
  503  Quality Care designation pursuant to s. 402.281, a provider
  504  participating in a quality rating system, a licensed child care
  505  provider, a public school provider, or a license-exempt child
  506  care provider, including religious-exempt and registered
  507  providers, and non-public schools.
  508         (c) The department and providers of early care and
  509  education shall develop protocols to ensure continuity if
  510  children are required to leave a program because of a change in
  511  out-of-home placement.
  512         (6) TRANSITIONS.—In the absence of an emergency, if a child
  513  from birth to school age leaves a child care or early education
  514  program, the transition must be pursuant to a plan that involves
  515  cooperation and sharing of information among all persons
  516  involved, that respects the child’s developmental stage and
  517  associated psychological needs, and that allows for a gradual
  518  transition from one setting to another.
  519         Section 9. Paragraph (b) of subsection (6) and subsection
  520  (7) of section 39.6251, Florida Statutes, are amended to read:
  521         39.6251 Continuing care for young adults.—
  522         (6) A young adult who is between the ages of 18 and 21 and
  523  who has left care may return to care by applying to the
  524  community-based care lead agency for readmission. The community
  525  based care lead agency shall readmit the young adult if he or
  526  she continues to meet the eligibility requirements in this
  527  section.
  528         (b) Within 30 days after the young adult has been
  529  readmitted to care, the community-based care lead agency shall
  530  assign a case manager to update the case plan and the transition
  531  plan and to arrange for the required services. Updates to the
  532  case plan and the transition plan and arrangements for the
  533  required services Such activities shall be undertaken in
  534  consultation with the young adult. The department shall petition
  535  the court to reinstate jurisdiction over the young adult.
  536  Notwithstanding s. 39.013(2), the court shall resume
  537  jurisdiction over the young adult if the department establishes
  538  that he or she continues to meet the eligibility requirements in
  539  this section.
  540         (7) During each period of time that a young adult is in
  541  care, the community-based lead agency shall provide regular case
  542  management reviews that must include at least monthly contact
  543  with the case manager. If a young adult lives outside the
  544  service area of his or her community-based care lead agency,
  545  monthly contact may occur by telephone.
  546         Section 10. Paragraph (c) of subsection (2) of section
  547  39.701, Florida Statutes, is amended to read:
  548         39.701 Judicial review.—
  549         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  550  AGE.—
  551         (c) Review determinations.—The court and any citizen review
  552  panel shall take into consideration the information contained in
  553  the social services study and investigation and all medical,
  554  psychological, and educational records that support the terms of
  555  the case plan; testimony by the social services agency, the
  556  parent, the foster parent or legal custodian, the guardian ad
  557  litem or surrogate parent for educational decisionmaking if one
  558  has been appointed for the child, and any other person deemed
  559  appropriate; and any relevant and material evidence submitted to
  560  the court, including written and oral reports to the extent of
  561  their probative value. These reports and evidence may be
  562  received by the court in its effort to determine the action to
  563  be taken with regard to the child and may be relied upon to the
  564  extent of their probative value, even though not competent in an
  565  adjudicatory hearing. In its deliberations, the court and any
  566  citizen review panel shall seek to determine:
  567         1. If the parent was advised of the right to receive
  568  assistance from any person or social service agency in the
  569  preparation of the case plan.
  570         2. If the parent has been advised of the right to have
  571  counsel present at the judicial review or citizen review
  572  hearings. If not so advised, the court or citizen review panel
  573  shall advise the parent of such right.
  574         3. If a guardian ad litem needs to be appointed for the
  575  child in a case in which a guardian ad litem has not previously
  576  been appointed or if there is a need to continue a guardian ad
  577  litem in a case in which a guardian ad litem has been appointed.
  578         4. Who holds the rights to make educational decisions for
  579  the child. If appropriate, the court may refer the child to the
  580  district school superintendent for appointment of a surrogate
  581  parent or may itself appoint a surrogate parent under the
  582  Individuals with Disabilities Education Act and s. 39.0016. If
  583  the child is under the age of school entry, the court must make
  584  the appointment.
  585         5. The compliance or lack of compliance of all parties with
  586  applicable items of the case plan, including the parents’
  587  compliance with child support orders.
  588         6. The compliance or lack of compliance with a visitation
  589  contract between the parent and the social service agency for
  590  contact with the child, including the frequency, duration, and
  591  results of the parent-child visitation and the reason for any
  592  noncompliance.
  593         7. The frequency, kind, and duration of contacts among
  594  siblings who have been separated during placement, as well as
  595  any efforts undertaken to reunite separated siblings if doing so
  596  is in the best interest of the child.
  597         8. The compliance or lack of compliance of the parent in
  598  meeting specified financial obligations pertaining to the care
  599  of the child, including the reason for failure to comply, if
  600  applicable.
  601         9. Whether the child is receiving safe and proper care
  602  according to s. 39.6012, including, but not limited to, the
  603  appropriateness of the child’s current placement, including
  604  whether the child is in a setting that is as family-like and as
  605  close to the parent’s home as possible, consistent with the
  606  child’s best interests and special needs, and including
  607  maintaining stability in the child’s educational placement, as
  608  documented by assurances from the community-based care provider
  609  that:
  610         a. The placement of the child takes into account the
  611  appropriateness of the current educational setting and the
  612  proximity to the school in which the child is enrolled at the
  613  time of placement.
  614         b. The community-based care agency has coordinated with
  615  appropriate local educational agencies to ensure that the child
  616  remains in the school in which the child is enrolled at the time
  617  of placement.
  618         10. Upon implementation of the program authorized under s.
  619  39.4015, whether the department or community-based care lead
  620  agency continues to reasonably engage in family finding. The
  621  level of reasonableness is determined by the length of the case
  622  and amount of time the department or community-based care lead
  623  agency has had to continue the process.
  624         11. 10. A projected date likely for the child’s return home
  625  or other permanent placement.
  626         12. 11. When appropriate, the basis for the unwillingness
  627  or inability of the parent to become a party to a case plan. The
  628  court and the citizen review panel shall determine if the
  629  efforts of the social service agency to secure party
  630  participation in a case plan were sufficient.
  631         13. 12. For a child who has reached 13 years of age but is
  632  not yet 18 years of age, the adequacy of the child’s preparation
  633  for adulthood and independent living. For a child who is 15
  634  years of age or older, the court shall determine if appropriate
  635  steps are being taken for the child to obtain a driver license
  636  or learner’s driver license.
  637         14. 13. If amendments to the case plan are required.
  638  Amendments to the case plan must be made as provided in under s.
  639  39.6013.
  640         Section 11. Subsections (4) and (5) of section 409.166,
  641  Florida Statutes, are amended to read:
  642         409.166 Children within the child welfare system; adoption
  643  assistance program.—
  644         (4) ADOPTION ASSISTANCE.—
  645         (a)For purposes of administering payments under paragraph
  646  (d), the term:
  647         1.“Child” means an individual who has not attained 21
  648  years of age.
  649         2.“Young adult” means an individual who has attained 18
  650  years of age but who has not attained 21 years of age.
  651         (b)(a) A maintenance subsidy shall be granted only when all
  652  other resources available to a child have been thoroughly
  653  explored and it can be clearly established that this is the most
  654  acceptable plan for providing permanent placement for the child.
  655  The maintenance subsidy may not be used as a substitute for
  656  adoptive parent recruitment or as an inducement to adopt a child
  657  who might be placed without providing a subsidy. However, it
  658  shall be the policy of the department that no child be denied
  659  adoption if providing a maintenance subsidy would make adoption
  660  possible. The best interest of the child shall be the deciding
  661  factor in every case. This section does not prohibit foster
  662  parents from applying to adopt a child placed in their care.
  663  Foster parents or relative caregivers must be asked if they
  664  would adopt without a maintenance subsidy.
  665         (c)(b) The department shall provide adoption assistance to
  666  the adoptive parents, subject to specific appropriation, in the
  667  amount of $5,000 annually, paid on a monthly basis, for the
  668  support and maintenance of a child until the 18th birthday of
  669  such child or in an amount other than $5,000 annually as
  670  determined by the adoptive parents and the department and
  671  memorialized in a written agreement between the adoptive parents
  672  and the department. The agreement shall take into consideration
  673  the circumstances of the adoptive parents and the needs of the
  674  child being adopted. The amount of subsidy may be adjusted based
  675  upon changes in the needs of the child or circumstances of the
  676  adoptive parents. Changes may shall not be made without the
  677  concurrence of the adoptive parents. However, in no case shall
  678  the amount of the monthly payment exceed the foster care
  679  maintenance payment that would have been paid during the same
  680  period if the child had been in a foster family home.
  681         (d)Contingent upon a specific appropriation, adoption
  682  assistance payments may be made for a child up to 21 years of
  683  age whose adoptive parent entered into an initial adoption
  684  assistance agreement after the child reached 16 years of age but
  685  before the child reached 18 years of age if the child is:
  686         1.Completing secondary education or a program leading to
  687  an equivalent credential;
  688         2.Enrolled in an institution that provides postsecondary
  689  or vocational education;
  690         3.Participating in a program or activity designed to
  691  promote or eliminate barriers to employment;
  692         4.Employed for at least 80 hours per month; or
  693         5.Unable to participate in programs or activities listed
  694  in subparagraphs 1.-4. full time due to a physical,
  695  intellectual, emotional, or psychiatric condition that limits
  696  participation. Any such barrier to participation must be
  697  supported by documentation in the child’s case file or school or
  698  medical records.
  699         (e)A child or young adult receiving benefits through the
  700  adoption assistance program is not eligible to simultaneously
  701  receive relative caregiver benefits under s. 39.5085 or
  702  postsecondary education services and support under s. 409.1451.
  703         (f)(c) The department may provide adoption assistance to
  704  the adoptive parents, subject to specific appropriation, for
  705  medical assistance initiated after the adoption of the child for
  706  medical, surgical, hospital, and related services needed as a
  707  result of a physical or mental condition of the child which
  708  existed before the adoption and is not covered by Medicaid,
  709  Children’s Medical Services, or Children’s Mental Health
  710  Services. Such assistance may be initiated at any time but shall
  711  terminate on or before the child’s 18th birthday.
  712         (5) ELIGIBILITY FOR SERVICES.—
  713         (a) As a condition of providing adoption assistance under
  714  this section and before the adoption is finalized, the adoptive
  715  parents must have an approved adoption home study and must enter
  716  into an adoption-assistance agreement with the department which
  717  specifies the financial assistance and other services to be
  718  provided.
  719         (b) A child who is handicapped at the time of adoption is
  720  shall be eligible for services through the Children’s Medical
  721  Services network established under part I of chapter 391 if the
  722  child was eligible for such services before prior to the
  723  adoption.
  724         Section 12. (1) Contingent upon a specific appropriation,
  725  effective August 1, 2018, the Department of Children and
  726  Families shall establish and operate a pilot Title IV-E
  727  Guardianship Assistance Program in two circuits in this state.
  728  The program will provide payments at a rate of $333 per month
  729  for persons who meet the Title IV-E eligibility requirements as
  730  outlined in s. 473(d)(1)(A) of the Social Security Act.
  731         (2) For purposes of administering this program, the term:
  732         (a) “Child” means an individual who has not attained 21
  733  years of age.
  734         (b) “Young adult” means an individual who has attained 18
  735  years of age but who has not attained 21 years of age.
  736         (c) “Fictive kin” means a person unrelated by birth,
  737  marriage, or adoption who has an emotionally significant
  738  relationship, which possesses the characteristics of a family
  739  relationship, to a child.
  740         (3) Caregivers enrolled in the Relative Caregiver or
  741  Nonrelative Caregiver Program prior to August 1, 2018, are not
  742  eligible to participate in the Title IV-E Guardianship
  743  Assistance Program pilot. Effective August 1, 2018, eligible
  744  caregivers enrolled in the pilot may not simultaneously have
  745  payments made on the child’s behalf through the Relative
  746  Caregiver Program under s. 39.5085, postsecondary education
  747  services and supports under s. 409.1451, or child-only cash
  748  assistance under chapter 414.
  749         (4) Notwithstanding s. 409.145(4), in the two circuits
  750  where the Title IV-E Guardianship Assistance Program pilot is
  751  established, the room and board rate for guardians who are
  752  eligible for the program will be $333 per month.
  753         (5) Notwithstanding s. 409.175(11)(a), in the two circuits
  754  where the Title IV-E Guardianship Assistance Program pilot is
  755  established, an exception of licensing standards may be provided
  756  for those standards where a waiver has been granted.
  757         Section 13. Except as otherwise expressly provided in this
  758  act, this act shall take effect July 1, 2018.
  759  
  760  ================= T I T L E  A M E N D M E N T ================
  761  And the title is amended as follows:
  762         Delete everything before the enacting clause
  763  and insert:
  764                        A bill to be entitled                      
  765         An act relating to child welfare; creating s. 39.4015,
  766         F.S.; providing legislative findings and intent;
  767         defining terms; requiring the Department of Children
  768         and Families, in collaboration with sheriffs’ offices
  769         that conduct child protective investigations and
  770         community-based care lead agencies, to develop a
  771         statewide family-finding program; specifying that
  772         implementation of the family-finding program is
  773         contingent upon the appropriation of funds by the
  774         Legislature; specifying when family is required;
  775         requiring the department and community-based care lead
  776         agencies to document strategies taken to engage
  777         relatives and kin; providing strategies to engage
  778         relatives and kin; requiring the department and
  779         community-based care lead agencies to use diligent
  780         efforts in family finding; providing that certain
  781         actions do not constitute family finding; requiring
  782         determinations by the court; requiring the department
  783         to adopt rules; amending s. 39.402, F.S.; requiring
  784         the court to request that parents consent to providing
  785         access to additional records; upon implementation of
  786         the family-finding program, requiring a judge to
  787         appoint a surrogate parent for certain children;
  788         requiring the court to place on the record its
  789         determinations regarding the department’s or the
  790         community-based lead agency’s reasonable engagement in
  791         family finding; providing guidelines for determining
  792         reasonableness; amending ss. 39.506; upon
  793         implementation of the family-finding program,
  794         requiring the court to make a determination regarding
  795         the department’s or the community-based lead agency’s
  796         reasonable engagement in family finding; providing
  797         guidelines for determining reasonableness; amending s.
  798         39.507, F.S.; upon implementation of the family
  799         finding program, requiring the court to make a
  800         determination regarding the department’s or the
  801         community-based lead agency’s reasonable engagement in
  802         family finding; providing guidelines for determining
  803         reasonableness; requiring the court to advise parents
  804         that their parental rights may be terminated and the
  805         child’s out-of-home placement may become permanent
  806         under certain circumstances; creating s. 39.5086,
  807         F.S.; providing legislative findings and intent;
  808         defining terms; providing the purpose of a kinship
  809         navigator program; contingent upon the appropriation
  810         of funds by the Legislature, requiring each community
  811         based care lead agency to establish a kinship
  812         navigator program; providing requirements for
  813         programs; requiring the department to adopt rules;
  814         amending s. 39.521, F.S.; upon implementation of the
  815         family-finding program, requiring the court to make a
  816         determination regarding the department’s or the
  817         community-based lead agency’s reasonable engagement in
  818         family finding; providing guidelines for determining
  819         reasonableness; conforming provisions to changes made
  820         by the act; amending s. 39.6012, F.S.; revising the
  821         types of records that must be attached to a case plan
  822         and updated throughout the judicial review process;
  823         upon implementation of the family-finding program,
  824         requiring that documentation of the family-finding
  825         efforts of the department and the community-based care
  826         lead agency be included in certain case plans;
  827         amending s. 39.604, F.S.; revising legislative
  828         findings and intent; revising enrollment and
  829         attendance requirements for children in an early
  830         education or child care program; conforming cross
  831         references; providing requirements and procedures for
  832         maintaining the educational stability of a child
  833         during the child’s placement in out-of-home care, or
  834         subsequent changes in out-of-home placement; requiring
  835         that a child’s transition from a child care or early
  836         education program be pursuant to a plan that meets
  837         certain requirements; amending s. 39.6251, F.S.;
  838         requiring the case manager for a young adult in foster
  839         care to consult with the young adult when updating the
  840         case plan and the transition plan and arrangements;
  841         deleting a provision authorizing case management
  842         reviews to be conducted by telephone under certain
  843         circumstances; amending s. 39.701, F.S.; requiring the
  844         court to appoint a surrogate parent if the child is
  845         under the age of school entry; upon implementation of
  846         the family-finding program, requiring the court to
  847         determine if the department and community-based lead
  848         agency has continued to reasonably engage in family
  849         finding; providing guidelines for determining the
  850         level of reasonableness; amending s. 409.166, F.S.;
  851         defining terms; providing conditions for the
  852         department to provide adoption assistance payments to
  853         adoptive parents of certain children; providing that
  854         children and young adults receiving benefits through
  855         the adoption assistance program are ineligible for
  856         other specified benefits and services; providing
  857         additional conditions for eligibility for adoption
  858         assistance; contingent upon the appropriation of funds
  859         by the Legislature, requiring the Department of
  860         Children and Families to create a pilot Title IV-E
  861         Guardianship Assistance Program; providing
  862         definitions; specifying eligibility and limitations;
  863         establishing a room and board rate for guardians in
  864         certain circuits who are eligible for the program;
  865         providing an exception to licensing standards in
  866         certain circuits under certain circumstances;
  867         providing effective dates.