Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1650
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Children, Families, and Elder Affairs
       (Albritton) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 47 - 819
    4  and insert:
    5         Section 1. Section 39.0012, Florida Statutes, is created to
    6  read:
    7         39.0012Direct-support organization.
    8         (1)The Department of Children and Families shall establish
    9  a direct-support organization to assist the Children and Youth
   10  Cabinet in carrying out its purposes and responsibilities
   11  primarily relating to fostering public awareness of children and
   12  youth issues and developing new partners in the effort to serve
   13  children and youth by raising money; submitting requests for and
   14  receiving grants from the Federal Government, the state or its
   15  political subdivisions, private foundations, and individuals;
   16  and making expenditures to or for the benefit of the cabinet.
   17  Such a direct-support organization is an organization that is:
   18         (a)Incorporated under chapter 617 and approved by the
   19  Department of State as a Florida corporation not for profit;
   20         (b)Organized and operated to make expenditures to or for
   21  the benefit of the cabinet; and
   22         (c)Approved by the department to be operating for the
   23  benefit of and in a manner consistent with the goals of the
   24  cabinet and in the best interest of the state.
   25         (2)The board of directors of the direct-support
   26  organization shall consist of seven members appointed by the
   27  Governor. Each member of the board of directors shall be
   28  appointed to a 4-year term.
   29         (3)The direct-support organization shall operate under
   30  written contract with the department.
   31         (4)All moneys received by the direct-support organization
   32  shall be deposited into an account of the direct-support
   33  organization and shall be used by the organization in a manner
   34  consistent with the goals of the cabinet.
   35         (5)This section is repealed October 1, 2024, unless
   36  reviewed and saved from repeal by the Legislature.
   37         Section 2. Subsection (37) of section 39.01, Florida
   38  Statutes, is amended to read:
   39         39.01 Definitions.—When used in this chapter, unless the
   40  context otherwise requires:
   41         (37) “Institutional child abuse or neglect” means
   42  situations of known or suspected child abuse or neglect in which
   43  the person allegedly perpetrating the child abuse or neglect is
   44  an employee of a public or private school, public or private day
   45  care center, residential home, institution, facility, or agency
   46  or any other person at such institution responsible for the
   47  child’s care as defined in this section subsection (54).
   48         Section 3. Paragraph (d) of subsection (2) of section
   49  39.201, Florida Statutes, is amended, and paragraph (l) is added
   50  to that subsection, to read:
   51         39.201 Mandatory reports of child abuse, abandonment, or
   52  neglect; mandatory reports of death; central abuse hotline.—
   53         (2)
   54         (d) If the report is of an instance of known or suspected
   55  child abuse, abandonment, or neglect which that occurred out of
   56  state and the alleged perpetrator and the child alleged to be a
   57  victim live out of state, the central abuse hotline may shall
   58  not accept the report or call for investigation unless the child
   59  is currently being evaluated in a medical facility in this
   60  state.
   61         1. If the child is currently being evaluated in a medical
   62  facility in this state, the central abuse hotline shall accept
   63  the report or call for investigation and shall transfer the
   64  information on the report or call to the appropriate state or
   65  country.
   66         2. If the child is not currently being evaluated in a
   67  medical facility in this state, the central abuse hotline, but
   68  shall transfer the information on the report to or call to the
   69  appropriate state or country.
   70         (l) The department shall initiate an investigation when it
   71  receives a report from an emergency room physician.
   72         Section 4. Paragraph (i) is added to subsection (4) of
   73  section 39.303, Florida Statutes, to read:
   74         39.303 Child Protection Teams and sexual abuse treatment
   75  programs; services; eligible cases.—
   76         (4) The child abuse, abandonment, and neglect reports that
   77  must be referred by the department to Child Protection Teams of
   78  the Department of Health for an assessment and other appropriate
   79  available support services as set forth in subsection (3) must
   80  include cases involving:
   81         (i) A child who does not live in this state who is
   82  currently being evaluated in a medical facility in this state.
   83         Section 5. Paragraph (d) of subsection (2) of section
   84  39.4015, Florida Statutes, is amended to read:
   85         39.4015 Family finding.—
   86         (2) DEFINITIONS.—As used in this section, the term:
   87         (d)“Fictive kin” means an individual who is unrelated to
   88  the child by either birth or marriage, but has such a close
   89  emotional relationship with the child that he or she may be
   90  considered part of the family.
   91         Section 6. Paragraph (h) of subsection (8) of section
   92  39.402, Florida Statutes, is amended to read:
   93         39.402 Placement in a shelter.—
   94         (8)
   95         (h) The order for placement of a child in shelter care must
   96  identify the parties present at the hearing and must contain
   97  written findings:
   98         1. That placement in shelter care is necessary based on the
   99  criteria in subsections (1) and (2).
  100         2. That placement in shelter care is in the best interest
  101  of the child.
  102         3. That continuation of the child in the home is contrary
  103  to the welfare of the child because the home situation presents
  104  a substantial and immediate danger to the child’s physical,
  105  mental, or emotional health or safety which cannot be mitigated
  106  by the provision of preventive services.
  107         4. That based upon the allegations of the petition for
  108  placement in shelter care, there is probable cause to believe
  109  that the child is dependent or that the court needs additional
  110  time, which may not exceed 72 hours, in which to obtain and
  111  review documents pertaining to the family in order to
  112  appropriately determine the risk to the child.
  113         5. That the department has made reasonable efforts to
  114  prevent or eliminate the need for removal of the child from the
  115  home. A finding of reasonable effort by the department to
  116  prevent or eliminate the need for removal may be made and the
  117  department is deemed to have made reasonable efforts to prevent
  118  or eliminate the need for removal if:
  119         a. The first contact of the department with the family
  120  occurs during an emergency;
  121         b. The appraisal of the home situation by the department
  122  indicates that the home situation presents a substantial and
  123  immediate danger to the child’s physical, mental, or emotional
  124  health or safety which cannot be mitigated by the provision of
  125  preventive services;
  126         c. The child cannot safely remain at home, either because
  127  there are no preventive services that can ensure the health and
  128  safety of the child or because, even with appropriate and
  129  available services being provided, the health and safety of the
  130  child cannot be ensured; or
  131         d. The parent or legal custodian is alleged to have
  132  committed any of the acts listed as grounds for expedited
  133  termination of parental rights in s. 39.806(1)(f)-(i).
  134         6. That the department has made reasonable efforts to keep
  135  siblings together if they are removed and placed in out-of-home
  136  care unless such placement is not in the best interest of each
  137  child. It is preferred that siblings be kept together in a
  138  foster home, if available. Other reasonable efforts shall
  139  include short-term placement in a group home with the ability to
  140  accommodate sibling groups if such a placement is available. The
  141  department shall report to the court its efforts to place
  142  siblings together unless the court finds that such placement is
  143  not in the best interest of a child or his or her sibling.
  144         7. That the court notified the parents, relatives that are
  145  providing out-of-home care for the child, or legal custodians of
  146  the time, date, and location of the next dependency hearing and
  147  of the importance of the active participation of the parents,
  148  relatives that are providing out-of-home care for the child, or
  149  legal custodians in all proceedings and hearings.
  150         8. That the court notified the parents or legal custodians
  151  of their right to counsel to represent them at the shelter
  152  hearing and at each subsequent hearing or proceeding, and the
  153  right of the parents to appointed counsel, pursuant to the
  154  procedures set forth in s. 39.013.
  155         9. That the court notified relatives who are providing out
  156  of-home care for a child as a result of the shelter petition
  157  being granted that they have the right to attend all subsequent
  158  hearings, to submit reports to the court, and to speak to the
  159  court regarding the child, if they so desire.
  160         10.That the department has placement and care
  161  responsibility for any child who is not placed in the care of a
  162  parent at the conclusion of the shelter hearing.
  163         Section 7. Subsection (3) and paragraphs (g), (h), and (i)
  164  of subsection (6) of section 39.407, Florida Statutes, are
  165  amended to read:
  166         39.407 Medical, psychiatric, and psychological examination
  167  and treatment of child; physical, mental, or substance abuse
  168  examination of person with or requesting child custody.—
  169         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
  170  or paragraph (e), before the department provides psychotropic
  171  medications to a child in its custody, the prescribing physician
  172  or the advanced practice registered nurse whose specialty is
  173  psychiatric nursing, as defined in chapter 394, and who is given
  174  prescribing authority pursuant to chapter 464 shall attempt to
  175  obtain express and informed consent, as defined in s.
  176  394.455(15) and as described in s. 394.459(3)(a), from the
  177  child’s parent or legal guardian. The department must take steps
  178  necessary to facilitate the inclusion of the parent in the
  179  child’s consultation with the physician or advanced practice
  180  registered nurse. However, if the parental rights of the parent
  181  have been terminated, the parent’s location or identity is
  182  unknown or cannot reasonably be ascertained, or the parent
  183  declines to give express and informed consent, the department
  184  may, after consultation with the prescribing physician or
  185  advanced practice registered nurse, seek court authorization to
  186  provide the psychotropic medications to the child. Unless
  187  parental rights have been terminated and if it is possible to do
  188  so, the department shall continue to involve the parent in the
  189  decisionmaking process regarding the provision of psychotropic
  190  medications. If, at any time, a parent whose parental rights
  191  have not been terminated provides express and informed consent
  192  to the provision of a psychotropic medication, the requirements
  193  of this section that the department seek court authorization do
  194  not apply to that medication until such time as the parent no
  195  longer consents.
  196         2. Any time the department seeks a medical evaluation to
  197  determine the need to initiate or continue a psychotropic
  198  medication for a child, the department must provide to the
  199  evaluating physician or advanced practice registered nurse all
  200  pertinent medical information known to the department concerning
  201  that child.
  202         (b)1. If a child who is removed from the home under s.
  203  39.401 is receiving prescribed psychotropic medication at the
  204  time of removal and parental authorization to continue providing
  205  the medication cannot be obtained, the department may take
  206  possession of the remaining medication and may continue to
  207  provide the medication as prescribed until the shelter hearing,
  208  if it is determined that the medication is a current
  209  prescription for that child and the medication is in its
  210  original container.
  211         2. If the department continues to provide the psychotropic
  212  medication to a child when parental authorization cannot be
  213  obtained, the department shall notify the parent or legal
  214  guardian as soon as possible that the medication is being
  215  provided to the child as provided in subparagraph 1. The child’s
  216  official departmental record must include the reason parental
  217  authorization was not initially obtained and an explanation of
  218  why the medication is necessary for the child’s well-being.
  219         3. If the department is advised by a physician licensed
  220  under chapter 458 or chapter 459 or an advanced practice
  221  registered nurse whose specialty is psychiatric nursing, as
  222  defined in chapter 394, and who is given prescribing authority
  223  pursuant to chapter 464 that the child should continue the
  224  psychotropic medication and parental authorization has not been
  225  obtained, the department shall request court authorization at
  226  the shelter hearing to continue to provide the psychotropic
  227  medication and shall provide to the court any information in its
  228  possession in support of the request. Any authorization granted
  229  at the shelter hearing may extend only until the arraignment
  230  hearing on the petition for adjudication of dependency or 28
  231  days following the date of removal, whichever occurs sooner.
  232         4. Before filing the dependency petition, the department
  233  shall ensure that the child is evaluated by a physician licensed
  234  under chapter 458 or chapter 459 or an advanced practice
  235  registered nurse whose specialty is psychiatric nursing, as
  236  defined in chapter 394, and who is given prescribing authority
  237  pursuant to chapter 464 to determine whether it is appropriate
  238  to continue the psychotropic medication. If, as a result of the
  239  evaluation, the department seeks court authorization to continue
  240  the psychotropic medication, a motion for such continued
  241  authorization shall be filed at the same time as the dependency
  242  petition, within 21 days after the shelter hearing.
  243         (c) Except as provided in paragraphs (b) and (e), the
  244  department must file a motion seeking the court’s authorization
  245  to initially provide or continue to provide psychotropic
  246  medication to a child in its legal custody. The motion must be
  247  supported by a written report prepared by the department which
  248  describes the efforts made to enable the prescribing physician
  249  or advanced practice registered nurse whose specialty is
  250  psychiatric nursing, as defined in chapter 394, and who is given
  251  prescribing authority pursuant to chapter 464 to obtain express
  252  and informed consent for providing the medication to the child
  253  and other treatments considered or recommended for the child. In
  254  addition, the motion must be supported by the prescribing
  255  physician’s or advanced practice registered nurse’s signed
  256  medical report providing:
  257         1. The name of the child, the name and range of the dosage
  258  of the psychotropic medication, and that there is a need to
  259  prescribe psychotropic medication to the child based upon a
  260  diagnosed condition for which such medication is being
  261  prescribed.
  262         2. A statement indicating that the physician has reviewed
  263  all medical information concerning the child which has been
  264  provided.
  265         3. A statement indicating that the psychotropic medication,
  266  at its prescribed dosage, is appropriate for treating the
  267  child’s diagnosed medical condition, as well as the behaviors
  268  and symptoms the medication, at its prescribed dosage, is
  269  expected to address.
  270         4. An explanation of the nature and purpose of the
  271  treatment; the recognized side effects, risks, and
  272  contraindications of the medication; drug-interaction
  273  precautions; the possible effects of stopping the medication;
  274  and how the treatment will be monitored, followed by a statement
  275  indicating that this explanation was provided to the child if
  276  age appropriate and to the child’s caregiver.
  277         5. Documentation addressing whether the psychotropic
  278  medication will replace or supplement any other currently
  279  prescribed medications or treatments; the length of time the
  280  child is expected to be taking the medication; and any
  281  additional medical, mental health, behavioral, counseling, or
  282  other services that the prescribing physician or advanced
  283  practice registered nurse recommends.
  284         (d)1. The department must notify all parties of the
  285  proposed action taken under paragraph (c) in writing or by
  286  whatever other method best ensures that all parties receive
  287  notification of the proposed action within 48 hours after the
  288  motion is filed. If any party objects to the department’s
  289  motion, that party shall file the objection within 2 working
  290  days after being notified of the department’s motion. If any
  291  party files an objection to the authorization of the proposed
  292  psychotropic medication, the court shall hold a hearing as soon
  293  as possible before authorizing the department to initially
  294  provide or to continue providing psychotropic medication to a
  295  child in the legal custody of the department. At such hearing
  296  and notwithstanding s. 90.803, the medical report described in
  297  paragraph (c) is admissible in evidence. The prescribing
  298  physician or advanced practice registered nurse whose specialty
  299  is psychiatric nursing, as defined in chapter 394, and who is
  300  given prescribing authority pursuant to chapter 464 need not
  301  attend the hearing or testify unless the court specifically
  302  orders such attendance or testimony, or a party subpoenas the
  303  physician or advanced practice registered nurse to attend the
  304  hearing or provide testimony. If, after considering any
  305  testimony received, the court finds that the department’s motion
  306  and the physician’s or advanced practice registered nurse’s
  307  medical report meet the requirements of this subsection and that
  308  it is in the child’s best interests, the court may order that
  309  the department provide or continue to provide the psychotropic
  310  medication to the child without additional testimony or
  311  evidence. At any hearing held under this paragraph, the court
  312  shall further inquire of the department as to whether additional
  313  medical, mental health, behavioral, counseling, or other
  314  services are being provided to the child by the department which
  315  the prescribing physician or advanced practice registered nurse
  316  considers to be necessary or beneficial in treating the child’s
  317  medical condition and which the physician or advanced practice
  318  registered nurse recommends or expects to provide to the child
  319  in concert with the medication. The court may order additional
  320  medical consultation, including consultation with the MedConsult
  321  line at the University of Florida, if available, or require the
  322  department to obtain a second opinion within a reasonable
  323  timeframe as established by the court, not to exceed 21 calendar
  324  days, after such order based upon consideration of the best
  325  interests of the child. The department must make a referral for
  326  an appointment for a second opinion with a physician within 1
  327  working day. The court may not order the discontinuation of
  328  prescribed psychotropic medication if such order is contrary to
  329  the decision of the prescribing physician or advanced practice
  330  registered nurse unless the court first obtains an opinion from
  331  a licensed psychiatrist, if available, or, if not available, a
  332  physician licensed under chapter 458 or chapter 459, stating
  333  that more likely than not, discontinuing the medication would
  334  not cause significant harm to the child. If, however, the
  335  prescribing psychiatrist specializes in mental health care for
  336  children and adolescents, the court may not order the
  337  discontinuation of prescribed psychotropic medication unless the
  338  required opinion is also from a psychiatrist who specializes in
  339  mental health care for children and adolescents. The court may
  340  also order the discontinuation of prescribed psychotropic
  341  medication if a child’s treating physician, licensed under
  342  chapter 458 or chapter 459, states that continuing the
  343  prescribed psychotropic medication would cause significant harm
  344  to the child due to a diagnosed nonpsychiatric medical
  345  condition.
  346         2. The burden of proof at any hearing held under this
  347  paragraph shall be by a preponderance of the evidence.
  348         (e)1. If the child’s prescribing physician or advanced
  349  practice registered nurse whose specialty is psychiatric
  350  nursing, as defined in chapter 394, and who is given prescribing
  351  authority pursuant to chapter 464 certifies in the signed
  352  medical report required in paragraph (c) that delay in providing
  353  a prescribed psychotropic medication would more likely than not
  354  cause significant harm to the child, the medication may be
  355  provided in advance of the issuance of a court order. In such
  356  event, the medical report must provide the specific reasons why
  357  the child may experience significant harm and the nature and the
  358  extent of the potential harm. The department must submit a
  359  motion seeking continuation of the medication and the
  360  physician’s medical report to the court, the child’s guardian ad
  361  litem, and all other parties within 3 working days after the
  362  department commences providing the medication to the child. The
  363  department shall seek the order at the next regularly scheduled
  364  court hearing required under this chapter, or within 30 days
  365  after the date of the prescription, whichever occurs sooner. If
  366  any party objects to the department’s motion, the court shall
  367  hold a hearing within 7 days.
  368         2. Psychotropic medications may be administered in advance
  369  of a court order in hospitals, crisis stabilization units, and
  370  in statewide inpatient psychiatric programs. Within 3 working
  371  days after the medication is begun, the department must seek
  372  court authorization as described in paragraph (c).
  373         (f)1. The department shall fully inform the court of the
  374  child’s medical and behavioral status as part of the social
  375  services report prepared for each judicial review hearing held
  376  for a child for whom psychotropic medication has been prescribed
  377  or provided under this subsection. As a part of the information
  378  provided to the court, the department shall furnish copies of
  379  all pertinent medical records concerning the child which have
  380  been generated since the previous hearing. On its own motion or
  381  on good cause shown by any party, including any guardian ad
  382  litem, attorney, or attorney ad litem who has been appointed to
  383  represent the child or the child’s interests, the court may
  384  review the status more frequently than required in this
  385  subsection.
  386         2. The court may, in the best interests of the child, order
  387  the department to obtain a medical opinion addressing whether
  388  the continued use of the medication under the circumstances is
  389  safe and medically appropriate.
  390         (g) The department shall adopt rules to ensure that
  391  children receive timely access to clinically appropriate
  392  psychotropic medications. These rules must include, but need not
  393  be limited to, the process for determining which adjunctive
  394  services are needed, the uniform process for facilitating the
  395  prescribing physician’s or advanced practice registered nurse’s
  396  ability to obtain the express and informed consent of a child’s
  397  parent or guardian, the procedures for obtaining court
  398  authorization for the provision of a psychotropic medication,
  399  the frequency of medical monitoring and reporting on the status
  400  of the child to the court, how the child’s parents will be
  401  involved in the treatment-planning process if their parental
  402  rights have not been terminated, and how caretakers are to be
  403  provided information contained in the physician’s or advanced
  404  practice registered nurse’s signed medical report. The rules
  405  must also include uniform forms to be used in requesting court
  406  authorization for the use of a psychotropic medication and
  407  provide for the integration of each child’s treatment plan and
  408  case plan. The department must begin the formal rulemaking
  409  process within 90 days after the effective date of this act.
  410         (6) Children who are in the legal custody of the department
  411  may be placed by the department, without prior approval of the
  412  court, in a residential treatment center licensed under s.
  413  394.875 or a hospital licensed under chapter 395 for residential
  414  mental health treatment only pursuant to this section or may be
  415  placed by the court in accordance with an order of involuntary
  416  examination or involuntary placement entered pursuant to s.
  417  394.463 or s. 394.467. All children placed in a residential
  418  treatment program under this subsection must have a guardian ad
  419  litem appointed.
  420         (g)1. The department must submit, at the beginning of each
  421  month, to the court having jurisdiction over the child, a
  422  written report regarding the child’s progress toward achieving
  423  the goals specified in the individualized plan of treatment.
  424         2. The court must conduct a hearing to review the status of
  425  the child’s residential treatment plan no later than 60 days 3
  426  months after the child’s admission to the residential treatment
  427  program. An independent review of the child’s progress toward
  428  achieving the goals and objectives of the treatment plan must be
  429  completed by a qualified evaluator and submitted to the court
  430  before its 60-day 3-month review.
  431         3. For any child in residential treatment at the time a
  432  judicial review is held pursuant to s. 39.701, the child’s
  433  continued placement in residential treatment must be a subject
  434  of the judicial review.
  435         4. If at any time the court determines that the child is
  436  not suitable for continued residential treatment, the court
  437  shall order the department to place the child in the least
  438  restrictive setting that is best suited to meet his or her
  439  needs.
  440         (h) After the initial 60-day 3-month review, the court must
  441  conduct a review of the child’s residential treatment plan every
  442  90 days.
  443         (i) The department must adopt rules for implementing
  444  timeframes for the completion of suitability assessments by
  445  qualified evaluators and a procedure that includes timeframes
  446  for completing the 60-day 3-month independent review by the
  447  qualified evaluators of the child’s progress toward achieving
  448  the goals and objectives of the treatment plan which review must
  449  be submitted to the court. The Agency for Health Care
  450  Administration must adopt rules for the registration of
  451  qualified evaluators, the procedure for selecting the evaluators
  452  to conduct the reviews required under this section, and a
  453  reasonable, cost-efficient fee schedule for qualified
  454  evaluators.
  455         Section 8. Present paragraphs (a) through (h) of subsection
  456  (2) of section 39.5085, Florida Statutes, are redesignated as
  457  paragraphs (b) through (i), respectively, paragraph (a) of
  458  subsection (1) is amended, and a new paragraph (a) is added to
  459  subsection (2) of that section, to read:
  460         39.5085 Relative Caregiver Program.—
  461         (1) It is the intent of the Legislature in enacting this
  462  section to:
  463         (a) Provide for the establishment of procedures and
  464  protocols that serve to advance the continued safety of children
  465  by acknowledging the valued resource uniquely available through
  466  grandparents, relatives of children, and specified nonrelatives
  467  of children pursuant to subparagraph (2)(b)3. (2)(a)3.
  468         (2)
  469  (a)Relatives or nonrelatives who are caring for a child and do
  470  not meet the eligibility requirements for level I licensure
  471  under s. 409.175 may apply for the Relative Caregiver Program.
  472         Section 9. Paragraph (a) of subsection (1) of section
  473  39.5086, Florida Statutes, is amended to read:
  474         39.5086 Kinship navigator programs.—
  475         (1) DEFINITIONS.—As used in this section, the term:
  476         (a)“Fictive kin” has the same meaning as provided in s.
  477  39.4015(2)(d).
  478         Section 10. Subsections (1), (2), (6), and (10) of section
  479  39.6225, Florida Statutes, are amended to read:
  480         39.6225 Guardianship Assistance Program.—
  481         (1) The department shall establish and operate the
  482  Guardianship Assistance Program to provide guardianship
  483  assistance payments to relatives, as defined in this subsection,
  484  next of kin, and fictive kin who meet the eligibility
  485  requirements established in this section. For purposes of
  486  administering the program, the term:
  487         (a) “Child” means an individual who has not attained 21
  488  years of age.
  489         (b) “Young adult” means an individual who has attained 18
  490  years of age but who has not attained 21 years of age.
  491         (c)“Relative” means fictive kin, a relative as defined in
  492  s. 39.01(73), or next of kin.
  493         (2) To approve an application for the program, the
  494  department shall determine that all of the following
  495  requirements have been met:
  496         (a) The child’s placement with the guardian has been
  497  approved by the court.
  498         (b) The court has granted legal custody to the guardian
  499  pursuant to s. 39.6221 39.521 or s. 39.522.
  500         (c) The guardian has been licensed to care for the child as
  501  provided in s. 409.175.
  502         (d) The child was eligible for foster care room and board
  503  payments pursuant to s. 409.145 for at least 6 consecutive
  504  months while the child resided in the home of the guardian and
  505  the guardian was licensed as a foster parent.
  506         (6) Guardianship assistance benefits shall be terminated
  507  if:
  508         (a)The child has attained the age of 18, or such greater
  509  age as the department may elect;
  510         (b)The child has not attained the age of 18 and the
  511  relative guardians are no longer legally responsible for the
  512  support of the child; or
  513         (c)The child is no longer receiving support from the
  514  guardian
  515         (a) The child is absent from the home of the guardian for a
  516  period of at least 60 consecutive calendar days, unless the
  517  child:
  518         1. Is absent due to medical care, school attendance,
  519  runaway status, or detention in a Department of Juvenile Justice
  520  facility; and
  521         2. Continues to be under the care and custody of the
  522  guardian.
  523         (b) The court modifies the placement of the child and the
  524  guardian is no longer eligible to receive guardianship
  525  assistance benefits.
  526         (10) The case plan must describe the following for each
  527  child with a permanency goal of permanent guardianship in which
  528  the guardian is pursuing in receipt of guardianship assistance
  529  payments:
  530         (a) The manner in which the child meets program eligibility
  531  requirements.
  532         (b) The manner in which the department determined that
  533  reunification or adoption is not appropriate.
  534         (c) Efforts to discuss adoption with the child’s permanent
  535  guardian.
  536         (d) Efforts to discuss guardianship assistance with the
  537  child’s parent or the reasons why efforts were not made.
  538         (e) The reasons why a permanent placement with the
  539  prospective guardian is in the best interest of the child.
  540         (f) The reasons why the child is separated from his or her
  541  siblings during placement, if applicable.
  542         (g) Efforts to consult the child, if the child is 14 years
  543  of age or older, regarding the permanent guardianship
  544  arrangement.
  545         Section 11. Subsections (2) and (3), paragraph (a) of
  546  subsection (4), and subsection (6) of section 39.6251, Florida
  547  Statutes, are amended, and subsection (10) is added to that
  548  section, to read:
  549         39.6251 Continuing care for young adults.—
  550         (2) The primary goal for a child in care is permanency. A
  551  child who is living in licensed care on his or her 18th birthday
  552  and who has not achieved permanency under s. 39.621 is eligible
  553  to remain in licensed care under the jurisdiction of the court
  554  and in the care of the department. A child is eligible to remain
  555  in licensed care if he or she is:
  556         (a) Completing secondary education or a program leading to
  557  an equivalent credential;
  558         (b) Enrolled in an institution that provides postsecondary
  559  or vocational education;
  560         (c) Participating in a program or activity designed to
  561  promote or eliminate barriers to employment;
  562         (d) Employed for at least 80 hours per month; or
  563         (e) Unable to participate in programs or activities listed
  564  in paragraphs (a)-(d) full time due to a physical, intellectual,
  565  emotional, or psychiatric condition that limits participation.
  566  Any such barrier to participation must be supported by
  567  documentation in the child’s case file or school or medical
  568  records of a physical, intellectual, or psychiatric condition
  569  that impairs the child’s ability to perform one or more life
  570  activities.
  572  The young adult must furnish documentation to the department or
  573  lead agency of his or her participation in one of the programs
  574  or activities listed in paragraphs (a)-(d), or his or her
  575  inability to participate in one of the programs or activities as
  576  provided in paragraph (e), or authorize the release of his or
  577  her records to the department or lead agency.
  578         (3) The permanency goal for a young adult who chooses to
  579  remain in care past his or her 18th birthday is to transition to
  580  independence from licensed care to independent living.
  581         (4)(a) The young adult must reside in a supervised living
  582  environment that is approved by the department or a community
  583  based care lead agency. The young adult shall live
  584  independently, but in an environment in which he or she is
  585  provided supervision, case management, and supportive services
  586  by the department or lead agency. Such an environment must offer
  587  developmentally appropriate freedom and responsibility to
  588  prepare the young adult for adulthood. For the purposes of this
  589  subsection, a supervised living arrangement may include a
  590  licensed foster home, licensed group home, college dormitory,
  591  shared housing, apartment, or another housing arrangement if the
  592  arrangement is approved by the community-based care lead agency
  593  and is acceptable to the young adult, with first choice being a
  594  licensed foster home. A young adult may continue to reside with
  595  the same licensed foster family or group care provider with whom
  596  he or she was residing at the time he or she reached the age of
  597  18 years.
  598         (6) A young adult who is between the ages of 18 and 21 and
  599  who has left care may return to care by applying to the
  600  community-based care lead agency for readmission through the
  601  execution of a voluntary placement agreement. The community
  602  based care lead agency shall readmit the young adult if he or
  603  she continues to meet the eligibility requirements in this
  604  section.
  605         (a) The department shall develop a standard procedure and
  606  application packet for readmission to care to be used by all
  607  community-based care lead agencies.
  608         (b) Within 30 days after the young adult has been
  609  readmitted to care, the community-based care lead agency shall
  610  assign a case manager to update the case plan and the transition
  611  plan and to arrange for the required services. Updates to the
  612  case plan and the transition plan and arrangements for the
  613  required services shall be undertaken in consultation with the
  614  young adult. The department shall petition the court to
  615  reinstate jurisdiction over the young adult. Notwithstanding s.
  616  39.013(2), the court shall resume jurisdiction over the young
  617  adult if the department establishes that he or she continues to
  618  meet the eligibility requirements in this section.
  619         (10)The department shall adopt rules to administer this
  620  section.
  621         Section 12. Paragraph (d) of subsection (2) of section
  622  39.701, Florida Statutes, is amended, and paragraphs (f) and (g)
  623  are added to subsection (4) of that section, to read:
  624         39.701 Judicial review.—
  626  AGE.—
  627         (d) Orders.—
  628         1. Based upon the criteria set forth in paragraph (c) and
  629  the recommended order of the citizen review panel, if any, the
  630  court shall determine whether or not the social service agency
  631  shall initiate proceedings to have a child declared a dependent
  632  child, return the child to the parent, continue the child in
  633  out-of-home care for a specified period of time, or initiate
  634  termination of parental rights proceedings for subsequent
  635  placement in an adoptive home. Amendments to the case plan must
  636  be prepared as provided prescribed in s. 39.6013. If the court
  637  finds that the prevention or reunification efforts of the
  638  department will allow the child to remain safely at home or be
  639  safely returned to the home, the court shall allow the child to
  640  remain in or return to the home after making a specific finding
  641  of fact that the reasons for the creation of the case plan have
  642  been remedied to the extent that the child’s safety, well-being,
  643  and physical, mental, and emotional health will not be
  644  endangered.
  645         2. The court shall return the child to the custody of his
  646  or her the parents at any time it determines that the
  647  circumstances which caused the out-of-home placement, and issues
  648  subsequently identified, have been remedied to the extent that
  649  return of the child to the home with an in-home safety plan
  650  prepared or approved by the department that they have
  651  substantially complied with the case plan, if the court is
  652  satisfied that reunification will not be detrimental to the
  653  child’s safety, well-being, and physical, mental, and emotional
  654  health.
  655         3. If, in the opinion of the court, the social service
  656  agency has not complied with its obligations as specified in the
  657  written case plan, the court may find the social service agency
  658  in contempt, shall order the social service agency to submit its
  659  plans for compliance with the agreement, and shall require the
  660  social service agency to show why the child could not safely be
  661  returned to the home of the parents.
  662         4. If, at any judicial review, the court finds that the
  663  parents have failed to substantially comply with the case plan
  664  to the degree that further reunification efforts are without
  665  merit and not in the best interest of the child, on its own
  666  motion, the court may order the filing of a petition for
  667  termination of parental rights, regardless of whether or not the
  668  time period as contained in the case plan for substantial
  669  compliance has expired.
  670         5. Within 6 months after the date that the child was placed
  671  in shelter care, the court shall conduct a judicial review
  672  hearing to review the child’s permanency goal as identified in
  673  the case plan. At the hearing the court shall make findings
  674  regarding the likelihood of the child’s reunification with the
  675  parent or legal custodian. In making such findings, the court
  676  shall consider the level of the parent or legal custodian’s
  677  compliance with the case plan and demonstrated change in
  678  protective capacities compared to that necessary to achieve
  679  timely reunification within 12 months after the removal of the
  680  child from the home. The court shall also consider the
  681  frequency, duration, manner, and level of engagement of the
  682  parent or legal custodian’s visitation with the child in
  683  compliance with the case plan. If the court makes a written
  684  finding that it is not likely that the child will be reunified
  685  with the parent or legal custodian within 12 months after the
  686  child was removed from the home, the department must file with
  687  the court, and serve on all parties, a motion to amend the case
  688  plan under s. 39.6013 and declare that it will use concurrent
  689  planning for the case plan. The department must file the motion
  690  within 10 business days after receiving the written finding of
  691  the court. The department must attach the proposed amended case
  692  plan to the motion. If concurrent planning is already being
  693  used, the case plan must document the efforts the department is
  694  taking to complete the concurrent goal.
  695         6. The court may issue a protective order in assistance, or
  696  as a condition, of any other order made under this part. In
  697  addition to the requirements included in the case plan, the
  698  protective order may set forth requirements relating to
  699  reasonable conditions of behavior to be observed for a specified
  700  period of time by a person or agency who is before the court,;
  701  and the order may require any person or agency to make periodic
  702  reports to the court containing such information as the court in
  703  its discretion may prescribe.
  704         7.If, at any judicial review, the court determines that
  705  the child shall remain in out-of-home care in a placement other
  706  than with a parent, the court shall order that the department
  707  has placement and care responsibility for the child.
  709  each period of time that a young adult remains in foster care,
  710  the court shall review the status of the young adult at least
  711  every 6 months and must hold a permanency review hearing at
  712  least annually.
  713         (f)If the young adult elects to voluntarily leave extended
  714  foster care for the sole purpose of ending a removal episode and
  715  immediately thereafter executes a voluntary placement agreement
  716  with the department to reenroll in extended foster care, the
  717  court shall enter an order finding that the prior removal
  718  episode has ended. Under these circumstances, the court
  719  maintains jurisdiction and a petition to reinstate jurisdiction
  720  as provided in s. 39.6251(6)(b) is not required.
  721         (g)1.When a young adult enters extended foster care by
  722  executing a voluntary placement agreement, the court shall enter
  723  an order within 180 days after execution of the agreement which
  724  determines whether the placement is in the best interest of the
  725  young adult. For purposes of this paragraph, a placement may
  726  include a licensed foster home, licensed group home, college
  727  dormitory, shared housing, apartment, or another housing
  728  arrangement, if the arrangement is approved by the community
  729  based care lead agency and is acceptable to the young adult.
  730         2.When a young adult is in extended foster care, each
  731  judicial review order shall provide that the department has
  732  placement and care responsibility for the young adult.
  733         3.When a young adult is in extended foster care, the court
  734  shall enter an order at least every 12 months that includes a
  735  finding of whether the department has made reasonable efforts to
  736  finalize the permanency plan currently in effect.
  737         Section 13. Paragraph (a) of subsection (4) of section
  738  402.56, Florida Statutes, is amended to read:
  739         402.56 Children’s cabinet; organization; responsibilities;
  740  annual report.—
  741         (4) MEMBERS.—The cabinet shall consist of 16 members
  742  including the Governor and the following persons:
  743         (a)1. The Secretary of Children and Families;
  744         2. The Secretary of Juvenile Justice;
  745         3. The director of the Agency for Persons with
  746  Disabilities;
  747         4. The director of the Office of Early Learning;
  748         5. The State Surgeon General;
  749         6. The Secretary of Health Care Administration;
  750         7. The Commissioner of Education;
  751         8. The director of the Statewide Guardian Ad Litem Office;
  752         9. A representative The director of the Office of Adoption
  753  and Child Protection;
  754         10. A superintendent of schools, appointed by the Governor;
  755  and
  756         11. Five members who represent children and youth advocacy
  757  organizations and who are not service providers, appointed by
  758  the Governor.
  759         Section 14. Present subsections (9) and (10) of section
  760  409.1451, Florida Statutes, are redesignated as subsections (10)
  761  and (11), respectively, paragraph (b) of subsection (2) is
  762  amended, and a new subsection (9) is added to that section, to
  763  read:
  764         409.1451 The Road-to-Independence Program.—
  766         (b) The amount of the financial assistance shall be as
  767  follows:
  768         1. For a young adult who does not remain in foster care and
  769  is attending a postsecondary school as provided in s. 1009.533,
  770  the amount is $1,256 monthly.
  771         2. For a young adult who remains in foster care, is
  772  attending a postsecondary school, as provided in s. 1009.533,
  773  and continues to reside in a licensed foster home, the amount is
  774  the established room and board rate for foster parents. This
  775  takes the place of the payment provided for in s. 409.145(4).
  776         3. For a young adult who remains in foster care, but
  777  temporarily resides away from a licensed foster home for
  778  purposes of attending a postsecondary school as provided in s.
  779  1009.533, the amount is $1,256 monthly. This takes the place of
  780  the payment provided for in s. 409.145(4).
  781         4. For a young adult who remains in foster care, is
  782  attending a postsecondary school as provided in s. 1009.533, and
  783  continues to reside in a licensed group home, the amount is
  784  negotiated between the community-based care lead agency and the
  785  licensed group home provider.
  786         5. For a young adult who remains in foster care, but
  787  temporarily resides away from a licensed group home for purposes
  788  of attending a postsecondary school as provided in s. 1009.533,
  789  the amount is $1,256 monthly. This takes the place of a
  790  negotiated room and board rate.
  791         6.The amount of the award may be disregarded for purposes
  792  of determining the eligibility for, or the amount of, any other
  793  federal or federally supported assistance.
  794         6.7. A young adult is eligible to receive financial
  795  assistance during the months when he or she is enrolled in a
  796  postsecondary educational institution.
  798  SERVICES.—Financial awards to young adults receiving services
  799  under subsections (2) and (3) and s. 39.6251 may be disregarded
  800  for purposes of determining the eligibility for, or the amount
  801  of, any other federal or federally supported assistance for
  802  which the department is required to determine eligibility for to
  803  administer the program.
  804         Section 15. Paragraphs (e), (j), and (m) of subsection (2),
  805  paragraph (b) of subsection (5), paragraphs (b) and (c) of
  806  subsection (6), subsection (7), paragraph (b) of subsection (9),
  807  paragraphs (b) and (c) of subsection (12), and paragraphs (b)
  808  and (d) of subsection (14) of section 409.175, Florida Statutes,
  809  are amended to read:
  810         409.175 Licensure of family foster homes, residential
  811  child-caring agencies, and child-placing agencies; public
  812  records exemption.—
  813         (2) As used in this section, the term:
  814         (e) “Family foster home” means a private residence licensed
  815  by the department in which children who are unattended by a
  816  parent or legal guardian are provided 24-hour care. The term
  817  does not include an adoptive home that has been approved by the
  818  department or approved by a licensed child-placing agency for
  819  children placed for adoption.
  820         (j) “Personnel” means all owners, operators, employees, and
  821  volunteers working in a child-placing agency, family foster
  822  home, or residential child-caring agency who may be employed by
  823  or do volunteer work for a person, corporation, or agency that
  824  holds a license as a child-placing agency or a residential
  825  child-caring agency, but the term does not include those who do
  826  not work on the premises where child care is furnished and have
  827  no direct contact with a child or have no contact with a child
  828  outside of the presence of the child’s parent or guardian. For
  829  purposes of screening, the term includes any member, over the
  830  age of 12 years, of the family of the owner or operator or any
  831  person other than a client, over the age of 12 years, residing
  832  with the owner or operator if the agency or family foster home
  833  is located in or adjacent to the home of the owner or operator
  834  or if the family member of, or person residing with, the owner
  835  or operator has any direct contact with the children. Members of
  836  the family of the owner or operator, or persons residing with
  837  the owner or operator, who are between the ages of 12 years and
  838  18 years are not required to be fingerprinted, but must be
  839  screened for delinquency records. For purposes of screening, the
  840  term also includes owners, operators, employees, and volunteers
  841  working in summer day camps, or summer 24-hour camps providing
  842  care for children. A volunteer who assists on an intermittent
  843  basis for less than 10 hours per month shall not be included in
  844  the term “personnel” for the purposes of screening if a person
  845  who meets the screening requirement of this section is always
  846  present and has the volunteer in his or her line of sight.
  847         (m) “Screening” means the act of assessing the background
  848  of personnel or level II through level V family foster homes and
  849  includes, but is not limited to, employment history checks as
  850  provided in chapter 435, using the level 2 standards for
  851  screening set forth in that chapter.
  852         (5) The department shall adopt and amend rules for the
  853  levels of licensed care associated with the licensure of family
  854  foster homes, residential child-caring agencies, and child
  855  placing agencies. The rules may include criteria to approve
  856  waivers to licensing requirements when applying for a child
  857  specific license.
  858         (b) The requirements for licensure and operation of family
  859  foster homes, residential child-caring agencies, and child
  860  placing agencies shall include:
  861         1. The operation, conduct, and maintenance of these homes
  862  and agencies and the responsibility which they assume for
  863  children served and the evidence of need for that service.
  864         2. The provision of food, clothing, educational
  865  opportunities, services, equipment, and individual supplies to
  866  assure the healthy physical, emotional, and mental development
  867  of the children served.
  868         3. The appropriateness, safety, cleanliness, and general
  869  adequacy of the premises, including fire prevention and health
  870  standards, to provide for the physical comfort, care, and well
  871  being of the children served.
  872         4. The ratio of staff to children required to provide
  873  adequate care and supervision of the children served and, in the
  874  case of family foster homes, the maximum number of children in
  875  the home.
  876         5. The good moral character based upon screening,
  877  education, training, and experience requirements for personnel
  878  and family foster homes.
  879         6. The department may grant exemptions from
  880  disqualification from working with children or the
  881  developmentally disabled as provided in s. 435.07.
  882         7. The provision of preservice and inservice training for
  883  all foster parents and agency staff.
  884         8. Satisfactory evidence of financial ability to provide
  885  care for the children in compliance with licensing requirements.
  886         9. The maintenance by the agency of records pertaining to
  887  admission, progress, health, and discharge of children served,
  888  including written case plans and reports to the department.
  889         10. The provision for parental involvement to encourage
  890  preservation and strengthening of a child’s relationship with
  891  the family.
  892         11. The transportation safety of children served.
  893         12. The provisions for safeguarding the cultural,
  894  religious, and ethnic values of a child.
  895         13. Provisions to safeguard the legal rights of children
  896  served.
  897         (6)
  898         (b) Upon application, the department shall conduct a
  899  licensing study based on its licensing rules; shall inspect the
  900  home or the agency and the records, including financial records,
  901  of the agency; and shall interview the applicant. The department
  902  may authorize a licensed child-placing agency to conduct the
  903  licensing study of a family foster home to be used exclusively
  904  by that agency and to verify to the department that the home
  905  meets the licensing requirements established by the department.
  906  The department shall post on its website a list of the agencies
  907  authorized to conduct such studies. Upon certification by a
  908  licensed child-placing agency that a family foster home meets
  909  the licensing requirements and upon receipt of a letter from a
  910  community-based care lead agency in the service area where the
  911  home will be licensed which indicates that the family foster
  912  home meets the criteria established by the lead agency, the
  913  department shall issue the license. A letter from the lead
  914  agency is not required if the lead agency where the proposed
  915  home is located is directly supervising foster homes in the same
  916  service area.
  918  ================= T I T L E  A M E N D M E N T ================
  919  And the title is amended as follows:
  920         Delete lines 2 - 36
  921  and insert:
  922         An act relating to child welfare; creating s. 39.0012,
  923         F.S.; requiring the Department of Children and
  924         Families to establish a direct-support organization to
  925         assist the Children and Youth Cabinet with carrying
  926         out certain purposes and responsibilities; providing
  927         purposes and duties of the direct-support
  928         organization; providing for a board of directors;
  929         providing membership requirements; delineating
  930         contract and other governance requirements; providing
  931         for the future repeal of the direct-support
  932         organization; amending s. 39.01, F.S.; revising
  933         definitions; amending s. 39.201, F.S.; requiring the
  934         central abuse hotline to accept certain reports or
  935         calls for investigation for children who do not live
  936         in this state; requiring the Department of Children
  937         and Families to initiate an investigation when a
  938         report is received from an emergency room physician;
  939         amending s. 39.303, F.S.; expanding the types of
  940         reports that the department must refer to Child
  941         Protection Teams; amending s. 39.4015, F.S.; revising
  942         definitions; amending s. 39.402, F.S.; requiring that
  943         the order for placement of a child in shelter care
  944         contain a written finding specifying that the
  945         Department of Children and Families has placement and
  946         care responsibility for certain children; amending s.
  947         39.407, F.S.; authorizing certain advanced practice
  948         registered nurses to prescribe psychotropic
  949         medications to certain children; revising the time
  950         period within which a court must review a child’s
  951         residential treatment plan; amending s. 39.5085, F.S.;
  952         revising eligibility for the Relative Caregiver
  953         Program; amending s. 39.5086, F.S.; deleting the term
  954         “fictive kin”; amending s. 39.6225, F.S.; revising who
  955         the department must provide guardianship assistance
  956         payments to; defining the term “relative”; revising
  957         the requirements that must be met for approval of an
  958         application for the Guardianship Assistance Program;
  959         revising when guardianship assistance benefits must be
  960         terminated; conforming provisions to changes made by
  961         the act; amending s. 39.6251, F.S.; requiring a young
  962         adult in extended foster care to provide certain
  963         documentation or authorize release of certain records;
  964         revising permanency goals for young adults in extended
  965         foster care; requiring execution of a voluntary
  966         placement agreement under certain circumstances;
  967         requiring the department to adopt rules; amending s.
  968         39.701, F.S.; revising when a court must return a
  969         child to the custody of his or her parents after
  970         making certain determinations; requiring the court to
  971         enter certain orders if a young adult enters extended
  972         foster care; amending s. 402.56, F.S.; revising
  973         membership of the Children and Youth Cabinet; amending
  974         s. 409.1451, F.S.; authorizing certain financial
  975         awards to be disregarded when a young adult is
  976         applying for other federal assistance; amending s.
  977         409.175, F.S.; revising definitions; revising
  978         provisions related to the licensure of family foster
  979         homes and certain child-caring and child-placing
  980         agencies; requiring the department to post certain
  981         information on its website; deleting