Florida Senate - 2019                                    SB 1650
       By Senator Albritton
       26-01284-19                                           20191650__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending ss. 39.01
    3         and 39.4015, F.S.; revising definitions; conforming
    4         cross-references; amending s. 39.402, F.S.; requiring
    5         that the order for placement of a child in shelter
    6         care contain a written finding specifying that the
    7         Department of Children and Families has placement and
    8         care responsibility for certain children; amending s.
    9         39.407, F.S.; authorizing certain advanced practice
   10         registered nurses to prescribe psychotropic
   11         medications to certain children; revising the time
   12         period within which a court must review a child’s
   13         residential treatment plan; amending s. 39.5085, F.S.;
   14         revising eligibility for the Relative Caregiver
   15         Program; amending s. 39.5086, F.S.; deleting the term
   16         “fictive kin”; amending s. 39.6225, F.S.; providing
   17         for the termination of guardianship assistance
   18         benefits under certain circumstances; conforming
   19         provisions to changes made by the act; amending s.
   20         39.6251, F.S.; requiring a young adult in extended
   21         foster care to provide certain documentation or
   22         authorize release of certain records; revising
   23         permanency goals for young adults in extended foster
   24         care; requiring execution of a voluntary placement
   25         agreement under certain circumstances; requiring the
   26         department to adopt rules; amending s. 39.701, F.S.;
   27         revising when a court must return a child to the
   28         custody of his or her parents after making certain
   29         determinations; requiring the court to make certain
   30         orders relating to extended foster care; amending s.
   31         409.1451, F.S.; authorizing certain financial awards
   32         to be disregarded when applying for other federal
   33         assistance; amending s. 409.175, F.S.; revising
   34         definitions; revising provisions related to the
   35         licensure of family foster homes and certain child
   36         caring and child-placing agencies; deleting required
   37         numbers of training hours for foster parents; amending
   38         s. 409.903, F.S.; revising eligibility for Medicaid
   39         coverage; amending s. 409.991, F.S.; revising a
   40         definition; amending s. 414.045, F.S.; revising
   41         eligibility for child-only funding; amending s.
   42         1009.25, F.S.; revising eligibility for tuition fee
   43         exemptions; amending ss. 39.302, 39.521, 39.523,
   44         39.6012, 322.09, 394.495, 627.746, 934.255, and
   45         960.065, F.S.; conforming cross-references; providing
   46         an effective date.
   48  Be It Enacted by the Legislature of the State of Florida:
   50         Section 1. Present subsections (30) through (87) of section
   51  39.01, Florida Statutes, are redesignated as subsections (29)
   52  through (86), respectively, and present subsections (10), (29),
   53  (31), and (37) of that section are amended, to read:
   54         39.01 Definitions.—When used in this chapter, unless the
   55  context otherwise requires:
   56         (10) “Caregiver” means the parent, legal custodian,
   57  permanent guardian, adult household member, or other person
   58  responsible for a child’s welfare as defined in subsection (53)
   59  (54).
   60         (29)“Fictive kin” means a person unrelated by birth,
   61  marriage, or adoption who has an emotionally significant
   62  relationship, which possesses the characteristics of a family
   63  relationship, to a child.
   64         (30)(31) “Guardian” means a relative, nonrelative, or next
   65  of kin, or fictive kin who is awarded physical custody of a
   66  child in a proceeding brought pursuant to this chapter.
   67         (36)(37) “Institutional child abuse or neglect” means
   68  situations of known or suspected child abuse or neglect in which
   69  the person allegedly perpetrating the child abuse or neglect is
   70  an employee of a public or private school, public or private day
   71  care center, residential home, institution, facility, or agency
   72  or any other person at such institution responsible for the
   73  child’s care as defined in this section subsection (54).
   74         Section 2. Subsection (1) of section 39.302, Florida
   75  Statutes, is amended to read:
   76         39.302 Protective investigations of institutional child
   77  abuse, abandonment, or neglect.—
   78         (1) The department shall conduct a child protective
   79  investigation of each report of institutional child abuse,
   80  abandonment, or neglect. Upon receipt of a report that alleges
   81  that an employee or agent of the department, or any other entity
   82  or person covered by s. 39.01(36) or (53) s. 39.01(37) or (54),
   83  acting in an official capacity, has committed an act of child
   84  abuse, abandonment, or neglect, the department shall initiate a
   85  child protective investigation within the timeframe established
   86  under s. 39.201(5) and notify the appropriate state attorney,
   87  law enforcement agency, and licensing agency, which shall
   88  immediately conduct a joint investigation, unless independent
   89  investigations are more feasible. When conducting investigations
   90  or having face-to-face interviews with the child, investigation
   91  visits shall be unannounced unless it is determined by the
   92  department or its agent that unannounced visits threaten the
   93  safety of the child. If a facility is exempt from licensing, the
   94  department shall inform the owner or operator of the facility of
   95  the report. Each agency conducting a joint investigation is
   96  entitled to full access to the information gathered by the
   97  department in the course of the investigation. A protective
   98  investigation must include an interview with the child’s parent
   99  or legal guardian. The department shall make a full written
  100  report to the state attorney within 3 working days after making
  101  the oral report. A criminal investigation shall be coordinated,
  102  whenever possible, with the child protective investigation of
  103  the department. Any interested person who has information
  104  regarding the offenses described in this subsection may forward
  105  a statement to the state attorney as to whether prosecution is
  106  warranted and appropriate. Within 15 days after the completion
  107  of the investigation, the state attorney shall report the
  108  findings to the department and shall include in the report a
  109  determination of whether or not prosecution is justified and
  110  appropriate in view of the circumstances of the specific case.
  111         Section 3. Paragraphs (a), (c), and (d) of subsection (2)
  112  and paragraphs (a) and (b) of subsection (3) of section 39.4015,
  113  Florida Statutes, are amended to read:
  114         39.4015 Family finding.—
  115         (2) DEFINITIONS.—As used in this section, the term:
  116         (a) “Diligent efforts” means the use of methods and
  117  techniques, including, but not limited to, interviews with
  118  immediate and extended family and fictive kin, genograms, eco
  119  mapping, case mining, cold calls, and specialized computer
  120  searches.
  121         (c) “Family group decisionmaking” is a generic term that
  122  includes a number of approaches in which family members and
  123  fictive kin are brought together to make decisions about how to
  124  care for their children and develop a plan for services. The
  125  term includes family team conferencing, family team meetings,
  126  family group conferencing, family team decisionmaking, family
  127  unity meetings, and team decisionmaking, which may consist of
  128  several phases and employ a trained facilitator or coordinator.
  129         (d)“Fictive kin” means an individual who is unrelated to
  130  the child by either birth or marriage, but has such a close
  131  emotional relationship with the child that he or she may be
  132  considered part of the family.
  133         (3) FAMILY-FINDING PROGRAM.—Subject to available resources,
  134  the department, in collaboration with sheriffs’ offices that
  135  conduct child protective investigations and community-based care
  136  lead agencies, may develop a formal family-finding program to be
  137  implemented by child protective investigators and community
  138  based care lead agencies as resources permit.
  139         (a) Family finding may begin as soon as a child is taken
  140  into custody of the department, pursuant to s. 39.401, and
  141  throughout the duration of the case as necessary, finding and
  142  engaging with as many family members and fictive kin as possible
  143  for each child who may help with care or support for the child.
  144  The department or community-based care lead agency must
  145  specifically document strategies taken to locate and engage
  146  relatives and fictive kin. Strategies of engagement may include,
  147  but are not limited to, asking the relatives and fictive kin to:
  148         1. Participate in a family group decisionmaking conference,
  149  family team conferencing, or other family meetings aimed at
  150  developing or supporting the family service plan;
  151         2. Attend visitations with the child;
  152         3. Assist in transportation of the child;
  153         4. Provide respite or child care services; or
  154         5. Provide actual kinship care.
  155         (b) The family finding program shall provide the department
  156  and the community-based care lead agencies with best practices
  157  for identifying family and fictive kin. The family finding
  158  program must use diligent efforts in family finding, must
  159  continue those efforts until multiple relatives and fictive kin
  160  are identified, and must go beyond basic searching tools by
  161  exploring alternative tools and methodologies. Family finding
  162  efforts by the department and the community-based care lead
  163  agency may include, but are not limited to:
  164         1. Searching for and locating adult relatives and fictive
  165  kin.
  166         2. Identifying and building positive connections between
  167  the child and the child’s relatives and fictive kin.
  168         3. Supporting the engagement of relatives and fictive kin
  169  in social service planning and delivery of services and creating
  170  a network of extended family support to assist in remedying the
  171  concerns that led to the child becoming involved with the child
  172  welfare system, when appropriate.
  173         4. Maintaining family connections, when possible.
  174         5. Keeping siblings together in care, when in the best
  175  interest of each child and when possible.
  176         Section 4. Paragraph (h) of subsection (8) of section
  177  39.402, Florida Statutes, is amended to read:
  178         39.402 Placement in a shelter.—
  179         (8)
  180         (h) The order for placement of a child in shelter care must
  181  identify the parties present at the hearing and must contain
  182  written findings:
  183         1. That placement in shelter care is necessary based on the
  184  criteria in subsections (1) and (2).
  185         2. That placement in shelter care is in the best interest
  186  of the child.
  187         3. That continuation of the child in the home is contrary
  188  to the welfare of the child because the home situation presents
  189  a substantial and immediate danger to the child’s physical,
  190  mental, or emotional health or safety which cannot be mitigated
  191  by the provision of preventive services.
  192         4. That based upon the allegations of the petition for
  193  placement in shelter care, there is probable cause to believe
  194  that the child is dependent or that the court needs additional
  195  time, which may not exceed 72 hours, in which to obtain and
  196  review documents pertaining to the family in order to
  197  appropriately determine the risk to the child.
  198         5. That the department has made reasonable efforts to
  199  prevent or eliminate the need for removal of the child from the
  200  home. A finding of reasonable effort by the department to
  201  prevent or eliminate the need for removal may be made and the
  202  department is deemed to have made reasonable efforts to prevent
  203  or eliminate the need for removal if:
  204         a. The first contact of the department with the family
  205  occurs during an emergency;
  206         b. The appraisal of the home situation by the department
  207  indicates that the home situation presents a substantial and
  208  immediate danger to the child’s physical, mental, or emotional
  209  health or safety which cannot be mitigated by the provision of
  210  preventive services;
  211         c. The child cannot safely remain at home, either because
  212  there are no preventive services that can ensure the health and
  213  safety of the child or because, even with appropriate and
  214  available services being provided, the health and safety of the
  215  child cannot be ensured; or
  216         d. The parent or legal custodian is alleged to have
  217  committed any of the acts listed as grounds for expedited
  218  termination of parental rights in s. 39.806(1)(f)-(i).
  219         6. That the department has made reasonable efforts to keep
  220  siblings together if they are removed and placed in out-of-home
  221  care unless such placement is not in the best interest of each
  222  child. It is preferred that siblings be kept together in a
  223  foster home, if available. Other reasonable efforts shall
  224  include short-term placement in a group home with the ability to
  225  accommodate sibling groups if such a placement is available. The
  226  department shall report to the court its efforts to place
  227  siblings together unless the court finds that such placement is
  228  not in the best interest of a child or his or her sibling.
  229         7. That the court notified the parents, relatives that are
  230  providing out-of-home care for the child, or legal custodians of
  231  the time, date, and location of the next dependency hearing and
  232  of the importance of the active participation of the parents,
  233  relatives that are providing out-of-home care for the child, or
  234  legal custodians in all proceedings and hearings.
  235         8. That the court notified the parents or legal custodians
  236  of their right to counsel to represent them at the shelter
  237  hearing and at each subsequent hearing or proceeding, and the
  238  right of the parents to appointed counsel, pursuant to the
  239  procedures set forth in s. 39.013.
  240         9. That the court notified relatives who are providing out
  241  of-home care for a child as a result of the shelter petition
  242  being granted that they have the right to attend all subsequent
  243  hearings, to submit reports to the court, and to speak to the
  244  court regarding the child, if they so desire.
  245         10.That the department has placement and care
  246  responsibility for any child who is not placed in the care of a
  247  parent at the conclusion of the shelter hearing.
  248         Section 5. Subsection (3) and paragraphs (g), (h), and (i)
  249  of subsection (6) of section 39.407, Florida Statutes, are
  250  amended to read:
  251         39.407 Medical, psychiatric, and psychological examination
  252  and treatment of child; physical, mental, or substance abuse
  253  examination of person with or requesting child custody.—
  254         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
  255  or paragraph (e), before the department provides psychotropic
  256  medications to a child in its custody, the prescribing physician
  257  or the advanced practice registered nurse whose specialty is
  258  psychiatric nursing, as defined in chapter 394, and who is given
  259  prescribing authority under chapter 464 shall attempt to obtain
  260  express and informed consent, as defined in s. 394.455(15) and
  261  as described in s. 394.459(3)(a), from the child’s parent or
  262  legal guardian. The department must take steps necessary to
  263  facilitate the inclusion of the parent in the child’s
  264  consultation with the physician or advanced practice registered
  265  nurse. However, if the parental rights of the parent have been
  266  terminated, the parent’s location or identity is unknown or
  267  cannot reasonably be ascertained, or the parent declines to give
  268  express and informed consent, the department may, after
  269  consultation with the prescribing physician or advanced practice
  270  registered nurse, seek court authorization to provide the
  271  psychotropic medications to the child. Unless parental rights
  272  have been terminated and if it is possible to do so, the
  273  department shall continue to involve the parent in the
  274  decisionmaking process regarding the provision of psychotropic
  275  medications. If, at any time, a parent whose parental rights
  276  have not been terminated provides express and informed consent
  277  to the provision of a psychotropic medication, the requirements
  278  of this section that the department seek court authorization do
  279  not apply to that medication until such time as the parent no
  280  longer consents.
  281         2. Any time the department seeks a medical evaluation to
  282  determine the need to initiate or continue a psychotropic
  283  medication for a child, the department must provide to the
  284  evaluating physician or advanced practice registered nurse all
  285  pertinent medical information known to the department concerning
  286  that child.
  287         (b)1. If a child who is removed from the home under s.
  288  39.401 is receiving prescribed psychotropic medication at the
  289  time of removal and parental authorization to continue providing
  290  the medication cannot be obtained, the department may take
  291  possession of the remaining medication and may continue to
  292  provide the medication as prescribed until the shelter hearing,
  293  if it is determined that the medication is a current
  294  prescription for that child and the medication is in its
  295  original container.
  296         2. If the department continues to provide the psychotropic
  297  medication to a child when parental authorization cannot be
  298  obtained, the department shall notify the parent or legal
  299  guardian as soon as possible that the medication is being
  300  provided to the child as provided in subparagraph 1. The child’s
  301  official departmental record must include the reason parental
  302  authorization was not initially obtained and an explanation of
  303  why the medication is necessary for the child’s well-being.
  304         3. If the department is advised by a physician licensed
  305  under chapter 458 or chapter 459 or an advanced practice
  306  registered nurse whose specialty is psychiatric nursing, as
  307  defined in chapter 394, and who is given prescribing authority
  308  under chapter 464 that the child should continue the
  309  psychotropic medication and parental authorization has not been
  310  obtained, the department shall request court authorization at
  311  the shelter hearing to continue to provide the psychotropic
  312  medication and shall provide to the court any information in its
  313  possession in support of the request. Any authorization granted
  314  at the shelter hearing may extend only until the arraignment
  315  hearing on the petition for adjudication of dependency or 28
  316  days following the date of removal, whichever occurs sooner.
  317         4. Before filing the dependency petition, the department
  318  shall ensure that the child is evaluated by a physician licensed
  319  under chapter 458 or chapter 459 or an advanced practice
  320  registered nurse whose specialty is psychiatric nursing, as
  321  defined in chapter 394, and who is given prescribing authority
  322  under chapter 464 to determine whether it is appropriate to
  323  continue the psychotropic medication. If, as a result of the
  324  evaluation, the department seeks court authorization to continue
  325  the psychotropic medication, a motion for such continued
  326  authorization shall be filed at the same time as the dependency
  327  petition, within 21 days after the shelter hearing.
  328         (c) Except as provided in paragraphs (b) and (e), the
  329  department must file a motion seeking the court’s authorization
  330  to initially provide or continue to provide psychotropic
  331  medication to a child in its legal custody. The motion must be
  332  supported by a written report prepared by the department which
  333  describes the efforts made to enable the prescribing physician
  334  or advanced practice registered nurse whose specialty is
  335  psychiatric nursing, as defined in chapter 394, and who is given
  336  prescribing authority under chapter 464 to obtain express and
  337  informed consent for providing the medication to the child and
  338  other treatments considered or recommended for the child. In
  339  addition, the motion must be supported by the prescribing
  340  physician’s or advanced practice registered nurse’s signed
  341  medical report providing:
  342         1. The name of the child, the name and range of the dosage
  343  of the psychotropic medication, and that there is a need to
  344  prescribe psychotropic medication to the child based upon a
  345  diagnosed condition for which such medication is being
  346  prescribed.
  347         2. A statement indicating that the physician has reviewed
  348  all medical information concerning the child which has been
  349  provided.
  350         3. A statement indicating that the psychotropic medication,
  351  at its prescribed dosage, is appropriate for treating the
  352  child’s diagnosed medical condition, as well as the behaviors
  353  and symptoms the medication, at its prescribed dosage, is
  354  expected to address.
  355         4. An explanation of the nature and purpose of the
  356  treatment; the recognized side effects, risks, and
  357  contraindications of the medication; drug-interaction
  358  precautions; the possible effects of stopping the medication;
  359  and how the treatment will be monitored, followed by a statement
  360  indicating that this explanation was provided to the child if
  361  age appropriate and to the child’s caregiver.
  362         5. Documentation addressing whether the psychotropic
  363  medication will replace or supplement any other currently
  364  prescribed medications or treatments; the length of time the
  365  child is expected to be taking the medication; and any
  366  additional medical, mental health, behavioral, counseling, or
  367  other services that the prescribing physician or advanced
  368  practice registered nurse recommends.
  369         (d)1. The department must notify all parties of the
  370  proposed action taken under paragraph (c) in writing or by
  371  whatever other method best ensures that all parties receive
  372  notification of the proposed action within 48 hours after the
  373  motion is filed. If any party objects to the department’s
  374  motion, that party shall file the objection within 2 working
  375  days after being notified of the department’s motion. If any
  376  party files an objection to the authorization of the proposed
  377  psychotropic medication, the court shall hold a hearing as soon
  378  as possible before authorizing the department to initially
  379  provide or to continue providing psychotropic medication to a
  380  child in the legal custody of the department. At such hearing
  381  and notwithstanding s. 90.803, the medical report described in
  382  paragraph (c) is admissible in evidence. The prescribing
  383  physician or advanced practice registered nurse whose specialty
  384  is psychiatric nursing, as defined in chapter 394, and who is
  385  given prescribing authority under chapter 464 need not attend
  386  the hearing or testify unless the court specifically orders such
  387  attendance or testimony, or a party subpoenas the physician or
  388  advanced practice registered nurse to attend the hearing or
  389  provide testimony. If, after considering any testimony received,
  390  the court finds that the department’s motion and the physician’s
  391  or advanced practice registered nurse’s medical report meet the
  392  requirements of this subsection and that it is in the child’s
  393  best interests, the court may order that the department provide
  394  or continue to provide the psychotropic medication to the child
  395  without additional testimony or evidence. At any hearing held
  396  under this paragraph, the court shall further inquire of the
  397  department as to whether additional medical, mental health,
  398  behavioral, counseling, or other services are being provided to
  399  the child by the department which the prescribing physician or
  400  advanced practice registered nurse considers to be necessary or
  401  beneficial in treating the child’s medical condition and which
  402  the physician or advanced practice registered nurse recommends
  403  or expects to provide to the child in concert with the
  404  medication. The court may order additional medical consultation,
  405  including consultation with the MedConsult line at the
  406  University of Florida, if available, or require the department
  407  to obtain a second opinion within a reasonable timeframe as
  408  established by the court, not to exceed 21 calendar days, after
  409  such order based upon consideration of the best interests of the
  410  child. The department must make a referral for an appointment
  411  for a second opinion with a physician within 1 working day. The
  412  court may not order the discontinuation of prescribed
  413  psychotropic medication if such order is contrary to the
  414  decision of the prescribing physician or advanced practice
  415  registered nurse unless the court first obtains an opinion from
  416  a licensed psychiatrist, if available, or, if not available, a
  417  physician licensed under chapter 458 or chapter 459, stating
  418  that more likely than not, discontinuing the medication would
  419  not cause significant harm to the child. If, however, the
  420  prescribing psychiatrist specializes in mental health care for
  421  children and adolescents, the court may not order the
  422  discontinuation of prescribed psychotropic medication unless the
  423  required opinion is also from a psychiatrist who specializes in
  424  mental health care for children and adolescents. The court may
  425  also order the discontinuation of prescribed psychotropic
  426  medication if a child’s treating physician, licensed under
  427  chapter 458 or chapter 459, states that continuing the
  428  prescribed psychotropic medication would cause significant harm
  429  to the child due to a diagnosed nonpsychiatric medical
  430  condition.
  431         2. The burden of proof at any hearing held under this
  432  paragraph shall be by a preponderance of the evidence.
  433         (e)1. If the child’s prescribing physician or advanced
  434  practice registered nurse whose specialty is psychiatric
  435  nursing, as defined in chapter 394, and who is given prescribing
  436  authority under chapter 464 certifies in the signed medical
  437  report required in paragraph (c) that delay in providing a
  438  prescribed psychotropic medication would more likely than not
  439  cause significant harm to the child, the medication may be
  440  provided in advance of the issuance of a court order. In such
  441  event, the medical report must provide the specific reasons why
  442  the child may experience significant harm and the nature and the
  443  extent of the potential harm. The department must submit a
  444  motion seeking continuation of the medication and the
  445  physician’s medical report to the court, the child’s guardian ad
  446  litem, and all other parties within 3 working days after the
  447  department commences providing the medication to the child. The
  448  department shall seek the order at the next regularly scheduled
  449  court hearing required under this chapter, or within 30 days
  450  after the date of the prescription, whichever occurs sooner. If
  451  any party objects to the department’s motion, the court shall
  452  hold a hearing within 7 days.
  453         2. Psychotropic medications may be administered in advance
  454  of a court order in hospitals, crisis stabilization units, and
  455  in statewide inpatient psychiatric programs. Within 3 working
  456  days after the medication is begun, the department must seek
  457  court authorization as described in paragraph (c).
  458         (f)1. The department shall fully inform the court of the
  459  child’s medical and behavioral status as part of the social
  460  services report prepared for each judicial review hearing held
  461  for a child for whom psychotropic medication has been prescribed
  462  or provided under this subsection. As a part of the information
  463  provided to the court, the department shall furnish copies of
  464  all pertinent medical records concerning the child which have
  465  been generated since the previous hearing. On its own motion or
  466  on good cause shown by any party, including any guardian ad
  467  litem, attorney, or attorney ad litem who has been appointed to
  468  represent the child or the child’s interests, the court may
  469  review the status more frequently than required in this
  470  subsection.
  471         2. The court may, in the best interests of the child, order
  472  the department to obtain a medical opinion addressing whether
  473  the continued use of the medication under the circumstances is
  474  safe and medically appropriate.
  475         (g) The department shall adopt rules to ensure that
  476  children receive timely access to clinically appropriate
  477  psychotropic medications. These rules must include, but need not
  478  be limited to, the process for determining which adjunctive
  479  services are needed, the uniform process for facilitating the
  480  prescribing physician’s or advanced practice registered nurse’s
  481  ability to obtain the express and informed consent of a child’s
  482  parent or guardian, the procedures for obtaining court
  483  authorization for the provision of a psychotropic medication,
  484  the frequency of medical monitoring and reporting on the status
  485  of the child to the court, how the child’s parents will be
  486  involved in the treatment-planning process if their parental
  487  rights have not been terminated, and how caretakers are to be
  488  provided information contained in the physician’s or advanced
  489  practice registered nurse’s signed medical report. The rules
  490  must also include uniform forms to be used in requesting court
  491  authorization for the use of a psychotropic medication and
  492  provide for the integration of each child’s treatment plan and
  493  case plan. The department must begin the formal rulemaking
  494  process within 90 days after the effective date of this act.
  495         (6) Children who are in the legal custody of the department
  496  may be placed by the department, without prior approval of the
  497  court, in a residential treatment center licensed under s.
  498  394.875 or a hospital licensed under chapter 395 for residential
  499  mental health treatment only pursuant to this section or may be
  500  placed by the court in accordance with an order of involuntary
  501  examination or involuntary placement entered pursuant to s.
  502  394.463 or s. 394.467. All children placed in a residential
  503  treatment program under this subsection must have a guardian ad
  504  litem appointed.
  505         (g)1. The department must submit, at the beginning of each
  506  month, to the court having jurisdiction over the child, a
  507  written report regarding the child’s progress toward achieving
  508  the goals specified in the individualized plan of treatment.
  509         2. The court must conduct a hearing to review the status of
  510  the child’s residential treatment plan no later than 60 days 3
  511  months after the child’s admission to the residential treatment
  512  program. An independent review of the child’s progress toward
  513  achieving the goals and objectives of the treatment plan must be
  514  completed by a qualified evaluator and submitted to the court
  515  before its 60-day 3-month review.
  516         3. For any child in residential treatment at the time a
  517  judicial review is held pursuant to s. 39.701, the child’s
  518  continued placement in residential treatment must be a subject
  519  of the judicial review.
  520         4. If at any time the court determines that the child is
  521  not suitable for continued residential treatment, the court
  522  shall order the department to place the child in the least
  523  restrictive setting that is best suited to meet his or her
  524  needs.
  525         (h) After the initial 60-day 3-month review, the court must
  526  conduct a review of the child’s residential treatment plan every
  527  90 days.
  528         (i) The department must adopt rules for implementing
  529  timeframes for the completion of suitability assessments by
  530  qualified evaluators and a procedure that includes timeframes
  531  for completing the 60-day 3-month independent review by the
  532  qualified evaluators of the child’s progress toward achieving
  533  the goals and objectives of the treatment plan which review must
  534  be submitted to the court. The Agency for Health Care
  535  Administration must adopt rules for the registration of
  536  qualified evaluators, the procedure for selecting the evaluators
  537  to conduct the reviews required under this section, and a
  538  reasonable, cost-efficient fee schedule for qualified
  539  evaluators.
  540         Section 6. Present paragraphs (a) through (h) of subsection
  541  (2) of section 39.5085, Florida Statutes, are redesignated as
  542  paragraphs (b) through (i), respectively, paragraph (a) of
  543  subsection (1) is amended, and a new paragraph (a) is added to
  544  subsection (2) of that section, to read:
  545         39.5085 Relative Caregiver Program.—
  546         (1) It is the intent of the Legislature in enacting this
  547  section to:
  548         (a) Provide for the establishment of procedures and
  549  protocols that serve to advance the continued safety of children
  550  by acknowledging the valued resource uniquely available through
  551  grandparents, relatives of children, and specified nonrelatives
  552  of children pursuant to subparagraph (2)(b)3. (2)(a)3.
  553         (2)
  554         (a)Relatives and nonrelatives who are caring for a child
  555  must be denied for the Guardianship Assistance Program under s.
  556  39.6225 before applying for the Relative Caregiver Program.
  557         Section 7. Section 39.5086, Florida Statutes, is amended to
  558  read:
  559         39.5086 Kinship navigator programs.—
  560         (1) DEFINITIONS.—As used in this section, the term:
  561         (a)“Fictive kin” has the same meaning as provided in s.
  562  39.4015(2)(d).
  563         (a)(b) “Kinship care” means the full-time care of a child
  564  placed in out-of-home care by the court in the home of a
  565  relative or fictive kin.
  566         (b)(c) “Kinship navigator program” means a program designed
  567  to ensure that kinship caregivers are provided with necessary
  568  resources for the preservation of the family.
  569         (c)(d) “Relative” means an individual who is caring full
  570  time for a child placed in out-of-home care by the court and
  571  who:
  572         1. Is related to the child within the fifth degree by blood
  573  or marriage to the parent or stepparent of the child; or
  574         2. Is related to a half-sibling of that child within the
  575  fifth degree by blood or marriage to the parent or stepparent.
  576         (2) PURPOSE AND SERVICES.—
  577         (a) The purpose of a kinship navigator program is to help
  578  relative caregivers and fictive kin in the child welfare system
  579  to navigate the broad range of services available to them and
  580  the children from public, private, community, and faith-based
  581  organizations.
  582         (b) Subject to available resources, each community-based
  583  care lead agency may establish a kinship navigator program that:
  584         1. Coordinates with other state or local agencies that
  585  promote service coordination or provide information and referral
  586  services, including any entities that participate in the Florida
  587  211 Network, to avoid duplication or fragmentation of services
  588  to kinship care families;
  589         2. Is planned and operated in consultation with kinship
  590  caregivers and organizations representing them, youth raised by
  591  kinship caregivers, relevant governmental agencies, and relevant
  592  community-based or faith-based organizations;
  593         3. Has a toll-free telephone hotline to provide information
  594  to link kinship caregivers, kinship support group facilitators,
  595  and kinship service providers to:
  596         a. One another;
  597         b. Eligibility and enrollment information for federal,
  598  state, and local benefits;
  599         c. Relevant training to assist kinship caregivers in
  600  caregiving and in obtaining benefits and services; and
  601         d. Relevant knowledge related to legal options available
  602  for child custody, other legal assistance, and help in obtaining
  603  legal services.
  604         4. Provides outreach to kinship care families, including by
  605  establishing, distributing, and updating a kinship care website,
  606  or other relevant guides or outreach materials; and
  607         5. Promotes partnerships between public and private
  608  agencies, including schools, community-based or faith-based
  609  organizations, and relevant governmental agencies, to increase
  610  their knowledge of the needs of kinship care families to promote
  611  better services for those families.
  612         (3) RULEMAKING.—The department may adopt rules to implement
  613  this section.
  614         Section 8. Paragraph (c) of subsection (1) of section
  615  39.521, Florida Statutes, is amended to read:
  616         39.521 Disposition hearings; powers of disposition.—
  617         (1) A disposition hearing shall be conducted by the court,
  618  if the court finds that the facts alleged in the petition for
  619  dependency were proven in the adjudicatory hearing, or if the
  620  parents or legal custodians have consented to the finding of
  621  dependency or admitted the allegations in the petition, have
  622  failed to appear for the arraignment hearing after proper
  623  notice, or have not been located despite a diligent search
  624  having been conducted.
  625         (c) When any child is adjudicated by a court to be
  626  dependent, the court having jurisdiction of the child has the
  627  power by order to:
  628         1. Require the parent and, when appropriate, the legal
  629  guardian or the child to participate in treatment and services
  630  identified as necessary. The court may require the person who
  631  has custody or who is requesting custody of the child to submit
  632  to a mental health or substance abuse disorder assessment or
  633  evaluation. The order may be made only upon good cause shown and
  634  pursuant to notice and procedural requirements provided under
  635  the Florida Rules of Juvenile Procedure. The mental health
  636  assessment or evaluation must be administered by a qualified
  637  professional as defined in s. 39.01, and the substance abuse
  638  assessment or evaluation must be administered by a qualified
  639  professional as defined in s. 397.311. The court may also
  640  require such person to participate in and comply with treatment
  641  and services identified as necessary, including, when
  642  appropriate and available, participation in and compliance with
  643  a mental health court program established under chapter 394 or a
  644  treatment-based drug court program established under s. 397.334.
  645  Adjudication of a child as dependent based upon evidence of harm
  646  as defined in s. 39.01(34)(g) s. 39.01(35)(g) demonstrates good
  647  cause, and the court shall require the parent whose actions
  648  caused the harm to submit to a substance abuse disorder
  649  assessment or evaluation and to participate and comply with
  650  treatment and services identified in the assessment or
  651  evaluation as being necessary. In addition to supervision by the
  652  department, the court, including the mental health court program
  653  or the treatment-based drug court program, may oversee the
  654  progress and compliance with treatment by a person who has
  655  custody or is requesting custody of the child. The court may
  656  impose appropriate available sanctions for noncompliance upon a
  657  person who has custody or is requesting custody of the child or
  658  make a finding of noncompliance for consideration in determining
  659  whether an alternative placement of the child is in the child’s
  660  best interests. Any order entered under this subparagraph may be
  661  made only upon good cause shown. This subparagraph does not
  662  authorize placement of a child with a person seeking custody of
  663  the child, other than the child’s parent or legal custodian, who
  664  requires mental health or substance abuse disorder treatment.
  665         2. Require, if the court deems necessary, the parties to
  666  participate in dependency mediation.
  667         3. Require placement of the child either under the
  668  protective supervision of an authorized agent of the department
  669  in the home of one or both of the child’s parents or in the home
  670  of a relative of the child or another adult approved by the
  671  court, or in the custody of the department. Protective
  672  supervision continues until the court terminates it or until the
  673  child reaches the age of 18, whichever date is first. Protective
  674  supervision shall be terminated by the court whenever the court
  675  determines that permanency has been achieved for the child,
  676  whether with a parent, another relative, or a legal custodian,
  677  and that protective supervision is no longer needed. The
  678  termination of supervision may be with or without retaining
  679  jurisdiction, at the court’s discretion, and shall in either
  680  case be considered a permanency option for the child. The order
  681  terminating supervision by the department must set forth the
  682  powers of the custodian of the child and include the powers
  683  ordinarily granted to a guardian of the person of a minor unless
  684  otherwise specified. Upon the court’s termination of supervision
  685  by the department, further judicial reviews are not required if
  686  permanency has been established for the child.
  687         4. Determine whether the child has a strong attachment to
  688  the prospective permanent guardian and whether such guardian has
  689  a strong commitment to permanently caring for the child.
  690         Section 9. Paragraph (a) of subsection (2) of section
  691  39.523, Florida Statutes, is amended to read:
  692         39.523 Placement in out-of-home care.—
  693         (2) ASSESSMENT AND PLACEMENT.—When any child is removed
  694  from a home and placed into out-of-home care, a comprehensive
  695  placement assessment process shall be completed to determine the
  696  level of care needed by the child and match the child with the
  697  most appropriate placement.
  698         (a) The community-based care lead agency or subcontracted
  699  agency with the responsibility for assessment and placement must
  700  coordinate a multidisciplinary team staffing with any available
  701  individual currently involved with the child including, but not
  702  limited to, a representative from the department and the case
  703  manager for the child; a therapist, attorney ad litem, guardian
  704  ad litem, teachers, coaches, Children’s Medical Services; and
  705  other community providers of services to the child or
  706  stakeholders as applicable. The team may also include clergy
  707  and, relatives, and fictive kin if appropriate. Team
  708  participants must gather data and information on the child which
  709  is known at the time including, but not limited to:
  710         1. Mental, medical, behavioral health, and medication
  711  history;
  712         2. Community ties and school placement;
  713         3. Current placement decisions relating to any siblings;
  714         4. Alleged type of abuse or neglect including sexual abuse
  715  and trafficking history; and
  716         5. The child’s age, maturity, strengths, hobbies or
  717  activities, and the child’s preference for placement.
  718         Section 10. Paragraph (c) of subsection (1) of section
  719  39.6012, Florida Statutes, is amended to read:
  720         39.6012 Case plan tasks; services.—
  721         (1) The services to be provided to the parent and the tasks
  722  that must be completed are subject to the following:
  723         (c) If there is evidence of harm as defined in s.
  724  39.01(34)(g) s. 39.01(35)(g), the case plan must include as a
  725  required task for the parent whose actions caused the harm that
  726  the parent submit to a substance abuse disorder assessment or
  727  evaluation and participate and comply with treatment and
  728  services identified in the assessment or evaluation as being
  729  necessary.
  730         Section 11. Subsections (1), (6), (10), and (12) of section
  731  39.6225, Florida Statutes, are amended to read:
  732         39.6225 Guardianship Assistance Program.—
  733         (1) The department shall establish and operate the
  734  Guardianship Assistance Program to provide guardianship
  735  assistance payments to relatives and, next of kin, and fictive
  736  kin who meet the eligibility requirements established in this
  737  section. For purposes of administering the program, the term:
  738         (a) “Child” means an individual who has not attained 21
  739  years of age.
  740         (b) “Young adult” means an individual who has attained 18
  741  years of age but who has not attained 21 years of age.
  742         (6) Guardianship assistance benefits shall be terminated if
  743  the guardian is no longer providing support to the child. For
  744  purposes of this subsection, a guardian is considered to no
  745  longer be providing support to the child if:
  746         (a) The child is absent from the home of the guardian for a
  747  period of at least 60 consecutive calendar days, unless the
  748  child:
  749         1. Is absent due to medical care, school attendance,
  750  runaway status, or detention in a Department of Juvenile Justice
  751  facility; and
  752         2. Continues to be under the care and custody of the
  753  guardian.
  754         (b) The court modifies the placement of the child and the
  755  guardian is no longer eligible to receive guardianship
  756  assistance benefits.
  757         (10) The case plan must describe the following for each
  758  child with a permanency goal of permanent guardianship in which
  759  the guardian is pursuing in receipt of guardianship assistance
  760  payments:
  761         (a) The manner in which the child meets program eligibility
  762  requirements.
  763         (b) The manner in which the department determined that
  764  reunification or adoption is not appropriate.
  765         (c) Efforts to discuss adoption with the child’s permanent
  766  guardian.
  767         (d) Efforts to discuss guardianship assistance with the
  768  child’s parent or the reasons why efforts were not made.
  769         (e) The reasons why a permanent placement with the
  770  prospective guardian is in the best interest of the child.
  771         (f) The reasons why the child is separated from his or her
  772  siblings during placement, if applicable.
  773         (g) Efforts to consult the child, if the child is 14 years
  774  of age or older, regarding the permanent guardianship
  775  arrangement.
  776         (12) The department shall develop and implement a
  777  comprehensive communications strategy in support of relatives
  778  and fictive kin who are prospective caregivers. This strategy
  779  shall provide such prospective caregivers with information on
  780  supports and services available under state law. At a minimum,
  781  the department’s communication strategy shall involve providing
  782  prospective caregivers with information about:
  783         (a) Eligibility criteria, monthly payment rates, terms of
  784  payment, and program or licensure requirements for the Relative
  785  Caregiver Program, the Guardianship Assistance Program, and
  786  licensure as a Level I or Level II family foster home as
  787  provided in s. 409.175.
  788         (b) A detailed description of the process for licensure as
  789  a Level I or Level II family foster home and for applying for
  790  the Relative Caregiver program.
  791         (c) Points of contact for addressing questions or obtaining
  792  assistance in applying for programs or licensure.
  793         Section 12. Subsections (2) and (3), paragraph (a) of
  794  subsection (4), and subsection (6) of section 39.6251, Florida
  795  Statutes, are amended, and subsection (10) is added to that
  796  section, to read:
  797         39.6251 Continuing care for young adults.—
  798         (2) The primary goal for a child in care is permanency. A
  799  child who is living in licensed care on his or her 18th birthday
  800  and who has not achieved permanency under s. 39.621 is eligible
  801  to remain in licensed care under the jurisdiction of the court
  802  and in the care of the department. A child is eligible to remain
  803  in licensed care if he or she is:
  804         (a) Completing secondary education or a program leading to
  805  an equivalent credential;
  806         (b) Enrolled in an institution that provides postsecondary
  807  or vocational education;
  808         (c) Participating in a program or activity designed to
  809  promote or eliminate barriers to employment;
  810         (d) Employed for at least 80 hours per month; or
  811         (e) Unable to participate in programs or activities listed
  812  in paragraphs (a)-(d) full time due to a physical, intellectual,
  813  emotional, or psychiatric condition that limits participation.
  814  Any such barrier to participation must be supported by
  815  documentation in the child’s case file or school or medical
  816  records of a physical, intellectual, or psychiatric condition
  817  that impairs the child’s ability to perform one or more life
  818  activities.
  820  The young adult must furnish documentation to the department or
  821  lead agency of his or her participation in one of the programs
  822  or activities listed in paragraphs (a)-(d), or his or her
  823  inability to participate in one of the programs or activities as
  824  provided in paragraph (e), or authorize the release of his or
  825  her records to the department or lead agency.
  826         (3) The permanency goal for a young adult who chooses to
  827  remain in licensed care past his or her 18th birthday is to
  828  transition to independence from licensed care to independent
  829  living.
  830         (4)(a) The young adult must reside in a supervised living
  831  environment that is approved by the department or a community
  832  based care lead agency. The young adult shall live
  833  independently, but in an environment in which he or she is
  834  provided supervision, case management, and supportive services
  835  by the department or lead agency. Such an environment must offer
  836  developmentally appropriate freedom and responsibility to
  837  prepare the young adult for adulthood. For the purposes of this
  838  subsection, a supervised living arrangement may include a
  839  licensed foster home, licensed group home, college dormitory,
  840  shared housing, apartment, or another housing arrangement if the
  841  arrangement is approved by the community-based care lead agency
  842  and is acceptable to the young adult, with first choice being a
  843  licensed foster home. A young adult may continue to reside with
  844  the same licensed foster family or group care provider with whom
  845  he or she was residing at the time he or she reached the age of
  846  18 years.
  847         (6) A young adult who is between the ages of 18 and 21 and
  848  who has left care may return to care by applying to the
  849  community-based care lead agency for readmission through the
  850  execution of a voluntary placement agreement. The community
  851  based care lead agency shall readmit the young adult if he or
  852  she continues to meet the eligibility requirements in this
  853  section.
  854         (a) The department shall develop a standard procedure and
  855  application packet for readmission to care to be used by all
  856  community-based care lead agencies.
  857         (b) Within 30 days after the young adult has been
  858  readmitted to care, the community-based care lead agency shall
  859  assign a case manager to update the case plan and the transition
  860  plan and to arrange for the required services. Updates to the
  861  case plan and the transition plan and arrangements for the
  862  required services shall be undertaken in consultation with the
  863  young adult. The department shall petition the court to
  864  reinstate jurisdiction over the young adult. Notwithstanding s.
  865  39.013(2), the court shall resume jurisdiction over the young
  866  adult if the department establishes that he or she continues to
  867  meet the eligibility requirements in this section.
  868         (10)The department shall adopt rules to administer this
  869  section.
  870         Section 13. Paragraph (d) of subsection (2) of section
  871  39.701, Florida Statutes, is amended, and paragraphs (f) and (g)
  872  are added to subsection (4) of that section, to read:
  873         39.701 Judicial review.—
  875  AGE.—
  876         (d) Orders.—
  877         1. Based upon the criteria set forth in paragraph (c) and
  878  the recommended order of the citizen review panel, if any, the
  879  court shall determine whether or not the social service agency
  880  shall initiate proceedings to have a child declared a dependent
  881  child, return the child to the parent, continue the child in
  882  out-of-home care for a specified period of time, or initiate
  883  termination of parental rights proceedings for subsequent
  884  placement in an adoptive home. Amendments to the case plan must
  885  be prepared as provided prescribed in s. 39.6013. If the court
  886  finds that the prevention or reunification efforts of the
  887  department will allow the child to remain safely at home or be
  888  safely returned to the home, the court shall allow the child to
  889  remain in or return to the home after making a specific finding
  890  of fact that the reasons for the creation of the case plan have
  891  been remedied to the extent that the child’s safety, well-being,
  892  and physical, mental, and emotional health will not be
  893  endangered.
  894         2. The court shall return the child to the custody of his
  895  or her the parents at any time it determines that the
  896  circumstances which caused the out-of-home placement, and issues
  897  subsequently identified, have been remedied to the extent that
  898  return of the child to the home with an in-home safety plan
  899  prepared or approved by the department that they have
  900  substantially complied with the case plan, if the court is
  901  satisfied that reunification will not be detrimental to the
  902  child’s safety, well-being, and physical, mental, and emotional
  903  health.
  904         3. If, in the opinion of the court, the social service
  905  agency has not complied with its obligations as specified in the
  906  written case plan, the court may find the social service agency
  907  in contempt, shall order the social service agency to submit its
  908  plans for compliance with the agreement, and shall require the
  909  social service agency to show why the child could not safely be
  910  returned to the home of the parents.
  911         4. If, at any judicial review, the court finds that the
  912  parents have failed to substantially comply with the case plan
  913  to the degree that further reunification efforts are without
  914  merit and not in the best interest of the child, on its own
  915  motion, the court may order the filing of a petition for
  916  termination of parental rights, regardless of whether or not the
  917  time period as contained in the case plan for substantial
  918  compliance has expired.
  919         5. Within 6 months after the date that the child was placed
  920  in shelter care, the court shall conduct a judicial review
  921  hearing to review the child’s permanency goal as identified in
  922  the case plan. At the hearing the court shall make findings
  923  regarding the likelihood of the child’s reunification with the
  924  parent or legal custodian. In making such findings, the court
  925  shall consider the level of the parent or legal custodian’s
  926  compliance with the case plan and demonstrated change in
  927  protective capacities compared to that necessary to achieve
  928  timely reunification within 12 months after the removal of the
  929  child from the home. The court shall also consider the
  930  frequency, duration, manner, and level of engagement of the
  931  parent or legal custodian’s visitation with the child in
  932  compliance with the case plan. If the court makes a written
  933  finding that it is not likely that the child will be reunified
  934  with the parent or legal custodian within 12 months after the
  935  child was removed from the home, the department must file with
  936  the court, and serve on all parties, a motion to amend the case
  937  plan under s. 39.6013 and declare that it will use concurrent
  938  planning for the case plan. The department must file the motion
  939  within 10 business days after receiving the written finding of
  940  the court. The department must attach the proposed amended case
  941  plan to the motion. If concurrent planning is already being
  942  used, the case plan must document the efforts the department is
  943  taking to complete the concurrent goal.
  944         6. The court may issue a protective order in assistance, or
  945  as a condition, of any other order made under this part. In
  946  addition to the requirements included in the case plan, the
  947  protective order may set forth requirements relating to
  948  reasonable conditions of behavior to be observed for a specified
  949  period of time by a person or agency who is before the court,;
  950  and the order may require any person or agency to make periodic
  951  reports to the court containing such information as the court in
  952  its discretion may prescribe.
  953         7.If, at any judicial review, the court determines that
  954  the child shall remain in out-of-home care, the court shall
  955  order that the department has placement and care responsibility
  956  for the child.
  958  each period of time that a young adult remains in foster care,
  959  the court shall review the status of the young adult at least
  960  every 6 months and must hold a permanency review hearing at
  961  least annually.
  962         (f)If the young adult elects to voluntarily leave extended
  963  foster care for the sole purpose of ending a removal episode and
  964  immediately thereafter executes a voluntary placement agreement
  965  with the department to reenroll in extended foster care, the
  966  court shall enter an order finding that the prior removal
  967  episode has ended. Under these circumstances, the court
  968  maintains jurisdiction and a petition to reinstate jurisdiction
  969  as provided in s. 39.6251(6)(b) is not required.
  970         (g)1.When a young adult enters extended foster care by
  971  executing a voluntary placement agreement, the court shall enter
  972  an order within 180 days after execution of the agreement that
  973  determines whether the placement is in the best interests of the
  974  young adult. For purposes of this paragraph, a placement may
  975  include a licensed foster home, licensed group home, college
  976  dormitory, shared housing, apartment, or another housing
  977  arrangement, if the arrangement is approved by the community
  978  based care lead agency and is acceptable to the young adult.
  979         2.When a young adult is in extended foster care, each
  980  judicial review order shall provide that the department has
  981  placement and care responsibility for the young adult.
  982         3.When a young adult is in extended foster care, the court
  983  shall enter an order at least every 12 months that includes a
  984  finding of whether the department has made reasonable efforts to
  985  finalize the permanency plan currently in effect.
  986         Section 14. Subsection (4) of section 322.09, Florida
  987  Statutes, is amended to read:
  988         322.09 Application of minors; responsibility for negligence
  989  or misconduct of minor.—
  990         (4) Notwithstanding subsections (1) and (2), if a caregiver
  991  of a minor who is under the age of 18 years and is in out-of
  992  home care as defined in s. 39.01 s. 39.01(49), an authorized
  993  representative of a residential group home at which such a minor
  994  resides, the caseworker at the agency at which the state has
  995  placed the minor, or a guardian ad litem specifically authorized
  996  by the minor’s caregiver to sign for a learner’s driver license
  997  signs the minor’s application for a learner’s driver license,
  998  that caregiver, group home representative, caseworker, or
  999  guardian ad litem does not assume any obligation or become
 1000  liable for any damages caused by the negligence or willful
 1001  misconduct of the minor by reason of having signed the
 1002  application. Before signing the application, the caseworker,
 1003  authorized group home representative, or guardian ad litem shall
 1004  notify the caregiver or other responsible party of his or her
 1005  intent to sign and verify the application.
 1006         Section 15. Paragraph (p) of subsection (4) of section
 1007  394.495, Florida Statutes, is amended to read:
 1008         394.495 Child and adolescent mental health system of care;
 1009  programs and services.—
 1010         (4) The array of services may include, but is not limited
 1011  to:
 1012         (p) Trauma-informed services for children who have suffered
 1013  sexual exploitation as defined in s. 39.01(76)(g) s.
 1014  39.01(77)(g).
 1015         Section 16. Present subsections (9) and (10) of section
 1016  409.1451, Florida Statutes, are redesignated as subsections (10)
 1017  and (11), respectively, paragraph (b) of subsection (2) is
 1018  amended, and a new subsection (9) is added to that section, to
 1019  read:
 1020         409.1451 The Road-to-Independence Program.—
 1022         (b) The amount of the financial assistance shall be as
 1023  follows:
 1024         1. For a young adult who does not remain in foster care and
 1025  is attending a postsecondary school as provided in s. 1009.533,
 1026  the amount is $1,256 monthly.
 1027         2. For a young adult who remains in foster care, is
 1028  attending a postsecondary school, as provided in s. 1009.533,
 1029  and continues to reside in a licensed foster home, the amount is
 1030  the established room and board rate for foster parents. This
 1031  takes the place of the payment provided for in s. 409.145(4).
 1032         3. For a young adult who remains in foster care, but
 1033  temporarily resides away from a licensed foster home for
 1034  purposes of attending a postsecondary school as provided in s.
 1035  1009.533, the amount is $1,256 monthly. This takes the place of
 1036  the payment provided for in s. 409.145(4).
 1037         4. For a young adult who remains in foster care, is
 1038  attending a postsecondary school as provided in s. 1009.533, and
 1039  continues to reside in a licensed group home, the amount is
 1040  negotiated between the community-based care lead agency and the
 1041  licensed group home provider.
 1042         5. For a young adult who remains in foster care, but
 1043  temporarily resides away from a licensed group home for purposes
 1044  of attending a postsecondary school as provided in s. 1009.533,
 1045  the amount is $1,256 monthly. This takes the place of a
 1046  negotiated room and board rate.
 1047         6.The amount of the award may be disregarded for purposes
 1048  of determining the eligibility for, or the amount of, any other
 1049  federal or federally supported assistance.
 1050         6.7. A young adult is eligible to receive financial
 1051  assistance during the months when he or she is enrolled in a
 1052  postsecondary educational institution.
 1054  SERVICES.—Financial awards to young adults receiving services
 1055  under subsections (2) and (3) and s. 39.6251 may be disregarded
 1056  for purposes of determining the eligibility for, or the amount
 1057  of, any other federal or federally supported assistance.
 1058         Section 17. Paragraphs (e), (j), and (m) of subsection (2),
 1059  paragraph (b) of subsection (5), paragraph (c) of subsection
 1060  (6), subsection (7), paragraph (b) of subsection (9), paragraphs
 1061  (b) and (c) of subsection (12), and paragraphs (b) and (d) of
 1062  subsection (14) of section 409.175, Florida Statutes, are
 1063  amended to read:
 1064         409.175 Licensure of family foster homes, residential
 1065  child-caring agencies, and child-placing agencies; public
 1066  records exemption.—
 1067         (2) As used in this section, the term:
 1068         (e) “Family foster home” means a private residence licensed
 1069  by the department in which children who are unattended by a
 1070  parent or legal guardian are provided 24-hour care. The term
 1071  does not include an adoptive home that has been approved by the
 1072  department or approved by a licensed child-placing agency for
 1073  children placed for adoption.
 1074         (j) “Personnel” means all owners, operators, employees, and
 1075  volunteers working in a child-placing agency, family foster
 1076  home, or residential child-caring agency who may be employed by
 1077  or do volunteer work for a person, corporation, or agency that
 1078  holds a license as a child-placing agency or a residential
 1079  child-caring agency, but the term does not include those who do
 1080  not work on the premises where child care is furnished and have
 1081  no direct contact with a child or have no contact with a child
 1082  outside of the presence of the child’s parent or guardian. For
 1083  purposes of screening, the term includes any member, over the
 1084  age of 12 years, of the family of the owner or operator or any
 1085  person other than a client, over the age of 12 years, residing
 1086  with the owner or operator if the agency or family foster home
 1087  is located in or adjacent to the home of the owner or operator
 1088  or if the family member of, or person residing with, the owner
 1089  or operator has any direct contact with the children. Members of
 1090  the family of the owner or operator, or persons residing with
 1091  the owner or operator, who are between the ages of 12 years and
 1092  18 years are not required to be fingerprinted, but must be
 1093  screened for delinquency records. For purposes of screening, the
 1094  term also includes owners, operators, employees, and volunteers
 1095  working in summer day camps, or summer 24-hour camps providing
 1096  care for children. A volunteer who assists on an intermittent
 1097  basis for less than 10 hours per month shall not be included in
 1098  the term “personnel” for the purposes of screening if a person
 1099  who meets the screening requirement of this section is always
 1100  present and has the volunteer in his or her line of sight.
 1101         (m) “Screening” means the act of assessing the background
 1102  of personnel or Level II through Level V family foster homes and
 1103  includes, but is not limited to, employment history checks as
 1104  provided in chapter 435, using the level 2 standards for
 1105  screening set forth in that chapter.
 1106         (5) The department shall adopt and amend rules for the
 1107  levels of licensed care associated with the licensure of family
 1108  foster homes, residential child-caring agencies, and child
 1109  placing agencies. The rules may include criteria to approve
 1110  waivers to licensing requirements when applying for a child
 1111  specific license.
 1112         (b) The requirements for licensure and operation of family
 1113  foster homes, residential child-caring agencies, and child
 1114  placing agencies shall include:
 1115         1. The operation, conduct, and maintenance of these homes
 1116  and agencies and the responsibility which they assume for
 1117  children served and the evidence of need for that service.
 1118         2. The provision of food, clothing, educational
 1119  opportunities, services, equipment, and individual supplies to
 1120  assure the healthy physical, emotional, and mental development
 1121  of the children served.
 1122         3. The appropriateness, safety, cleanliness, and general
 1123  adequacy of the premises, including fire prevention and health
 1124  standards, to provide for the physical comfort, care, and well
 1125  being of the children served.
 1126         4. The ratio of staff to children required to provide
 1127  adequate care and supervision of the children served and, in the
 1128  case of family foster homes, the maximum number of children in
 1129  the home.
 1130         5. The good moral character based upon screening,
 1131  education, training, and experience requirements for personnel
 1132  and family foster homes.
 1133         6. The department may grant exemptions from
 1134  disqualification from working with children or the
 1135  developmentally disabled as provided in s. 435.07.
 1136         7. The provision of preservice and inservice training for
 1137  all foster parents and agency staff.
 1138         8. Satisfactory evidence of financial ability to provide
 1139  care for the children in compliance with licensing requirements.
 1140         9. The maintenance by the agency of records pertaining to
 1141  admission, progress, health, and discharge of children served,
 1142  including written case plans and reports to the department.
 1143         10. The provision for parental involvement to encourage
 1144  preservation and strengthening of a child’s relationship with
 1145  the family.
 1146         11. The transportation safety of children served.
 1147         12. The provisions for safeguarding the cultural,
 1148  religious, and ethnic values of a child.
 1149         13. Provisions to safeguard the legal rights of children
 1150  served.
 1151         (6)
 1152         (c) A licensed family foster home, child-placing agency, or
 1153  residential child-caring agency which applies for renewal of its
 1154  license shall submit to the department a list of personnel or
 1155  household members who have worked or resided on a continuous
 1156  basis at the applicant family foster home or agency since
 1157  submitting fingerprints to the department, identifying those for
 1158  whom a written assurance of compliance was provided by the
 1159  department and identifying those personnel or household members
 1160  who have recently begun working or residing at the family foster
 1161  home or agency and are awaiting the results of the required
 1162  fingerprint check, along with the date of the submission of
 1163  those fingerprints for processing. The department shall by rule
 1164  determine the frequency of requests to the Department of Law
 1165  Enforcement to run state criminal records checks for such
 1166  personnel or household members except for those personnel or
 1167  household members awaiting the results of initial fingerprint
 1168  checks for employment at the applicant family foster home or
 1169  agency.
 1170         (7)(a)The department may extend a license expiration date
 1171  once for a period of up to 30 days. However, the department may
 1172  not extend a license expiration date more than once. The
 1173  department may issue a provisional license to an applicant who
 1174  is unable to conform to the licensing requirements at the time
 1175  of the study, but who is believed able to meet the licensing
 1176  requirements within the time allowed by the provisional license.
 1177  The issuance of a provisional license shall be contingent upon
 1178  the submission to the department of an acceptable written plan
 1179  to overcome the deficiency by the expiration date of the
 1180  provisional license.
 1181         (b)A provisional license may be issued when the applicant
 1182  fails to meet licensing requirements in matters that are not of
 1183  immediate danger to the children and the agency has submitted a
 1184  corrective action plan which is approved by the department. A
 1185  provisional license may be issued if the screening material has
 1186  been timely submitted; however, a provisional license may not be
 1187  issued unless the applicant is in compliance with the
 1188  requirements in this section for screening of personnel.
 1189         (c)A provisional license shall not be issued for a period
 1190  in excess of 1 year and shall not be subject to renewal; and it
 1191  may be suspended if periodic inspection by the department
 1192  indicates that insufficient progress has been made toward
 1193  compliance with the requirements.
 1194         (9)
 1195         (b) Any of the following actions by a family foster home or
 1196  its household members or an agency or its personnel is a ground
 1197  for denial, suspension, or revocation of a license:
 1198         1. An intentional or negligent act materially affecting the
 1199  health or safety of children in the home or agency.
 1200         2. A violation of the provisions of this section or of
 1201  licensing rules adopted promulgated pursuant to this section.
 1202         3. Noncompliance with the requirements for good moral
 1203  character as specified in paragraph (5)(b).
 1204         4. Failure to dismiss personnel or a household member found
 1205  in noncompliance with requirements for good moral character.
 1206         5. Failure to comply with the requirements of ss. 63.0422
 1207  and 790.335.
 1208         (12)
 1209         (b) It is unlawful for any person, agency, family foster
 1210  home, summer day camp, or summer 24-hour camp providing care for
 1211  children to:
 1212         1. Willfully or intentionally fail to comply with the
 1213  requirements for the screening of personnel and family foster
 1214  homes or the dismissal of personnel or household members found
 1215  not to be in compliance with the requirements for good moral
 1216  character as specified in paragraph (5)(b).
 1217         2. Use information from the criminal records obtained under
 1218  this section for any purpose other than screening a person for
 1219  employment as specified in this section or to release such
 1220  information to any other person for any purpose other than
 1221  screening for employment as specified in this section.
 1222         (c) It is unlawful for any person, agency, family foster
 1223  home, summer day camp, or summer 24-hour camp providing care for
 1224  children to use information from the juvenile records of any
 1225  person obtained under this section for any purpose other than
 1226  screening for employment as specified in this section or to
 1227  release information from such records to any other person for
 1228  any purpose other than screening for employment as specified in
 1229  this section.
 1230         (14)
 1231         (b) As a condition of licensure, foster parents shall
 1232  successfully complete a minimum of 21 hours of preservice
 1233  training. The preservice training shall be uniform statewide and
 1234  shall include, but not be limited to, such areas as:
 1235         1. Orientation regarding agency purpose, objectives,
 1236  resources, policies, and services;
 1237         2. Role of the foster parent as a treatment team member;
 1238         3. Transition of a child into and out of foster care,
 1239  including issues of separation, loss, and attachment;
 1240         4. Management of difficult child behavior that can be
 1241  intensified by placement, by prior abuse or neglect, and by
 1242  prior placement disruptions;
 1243         5. Prevention of placement disruptions;
 1244         6. Care of children at various developmental levels,
 1245  including appropriate discipline; and
 1246         7. Effects of foster parenting on the family of the foster
 1247  parent.
 1248         (d) Before prior to licensure renewal, each level II
 1249  through level V foster parent must shall successfully complete 8
 1250  hours of inservice training. Each level I foster parent shall
 1251  successfully complete 4 hours of inservice training. Periodic
 1252  time-limited training courses shall be made available for
 1253  selective use by foster parents. Such inservice training shall
 1254  include subjects affecting the daily living experiences of
 1255  foster parenting as a foster parent. For a foster parent
 1256  participating in the required inservice training, the department
 1257  shall reimburse such parent for travel expenditures and, if both
 1258  parents in a home are attending training or if the absence of
 1259  the parent would leave the children without departmentally
 1260  approved adult supervision, the department shall make provision
 1261  for child care or shall reimburse the foster parents for child
 1262  care purchased by the parents for children in their care.
 1263         Section 18. Subsection (4) of section 409.903, Florida
 1264  Statutes, is amended to read:
 1265         409.903 Mandatory payments for eligible persons.—The agency
 1266  shall make payments for medical assistance and related services
 1267  on behalf of the following persons who the department, or the
 1268  Social Security Administration by contract with the Department
 1269  of Children and Families, determines to be eligible, subject to
 1270  the income, assets, and categorical eligibility tests set forth
 1271  in federal and state law. Payment on behalf of these Medicaid
 1272  eligible persons is subject to the availability of moneys and
 1273  any limitations established by the General Appropriations Act or
 1274  chapter 216.
 1275         (4) A child who is eligible under Title IV-E of the Social
 1276  Security Act for subsidized board payments, foster care, or
 1277  adoption subsidies, and a child for whom the state has assumed
 1278  temporary or permanent responsibility and who does not qualify
 1279  for Title IV-E assistance but is in foster care, shelter or
 1280  emergency shelter care, or subsidized adoption. This category
 1281  includes:
 1282         (a) A young adult who is eligible to receive services under
 1283  s. 409.1451, until the young adult reaches 21 years of age,
 1284  without regard to any income, resource, or categorical
 1285  eligibility test that is otherwise required.
 1286         (b)This category also includes A person who as a child was
 1287  eligible under Title IV-E of the Social Security Act for foster
 1288  care or the state-provided foster care and who is a participant
 1289  in the Road-to-Independence Program.
 1290         (c)A child who is eligible for the Guardianship Assistance
 1291  Program as provided in s. 39.6225.
 1292         Section 19. Paragraph (a) of subsection (1) of section
 1293  409.991, Florida Statutes, is amended to read:
 1294         409.991 Allocation of funds for community-based care lead
 1295  agencies.—
 1296         (1) As used in this section, the term:
 1297         (a) “Core services funds” means all funds allocated to
 1298  community-based care lead agencies operating under contract with
 1299  the department pursuant to s. 409.987, with the following
 1300  exceptions:
 1301         1. Funds appropriated for independent living;
 1302         2. Funds appropriated for maintenance adoption subsidies;
 1303         3. Funds allocated by the department for protective
 1304  investigations training;
 1305         4. Nonrecurring funds;
 1306         5. Designated mental health wrap-around services funds; and
 1307         6. Funds for special projects for a designated community
 1308  based care lead agency; and
 1309         7.Funds appropriated for the Guardianship Assistance
 1310  Program under s. 39.6225.
 1311         Section 20. Paragraph (b) of subsection (1) of section
 1312  414.045, Florida Statutes, is amended to read:
 1313         414.045 Cash assistance program.—Cash assistance families
 1314  include any families receiving cash assistance payments from the
 1315  state program for temporary assistance for needy families as
 1316  defined in federal law, whether such funds are from federal
 1317  funds, state funds, or commingled federal and state funds. Cash
 1318  assistance families may also include families receiving cash
 1319  assistance through a program defined as a separate state
 1320  program.
 1321         (1) For reporting purposes, families receiving cash
 1322  assistance shall be grouped into the following categories. The
 1323  department may develop additional groupings in order to comply
 1324  with federal reporting requirements, to comply with the data
 1325  reporting needs of the board of directors of CareerSource
 1326  Florida, Inc., or to better inform the public of program
 1327  progress.
 1328         (b) Child-only cases.—Child-only cases include cases that
 1329  do not have an adult or teen head of household as defined in
 1330  federal law. Such cases include:
 1331         1. Children in the care of caretaker relatives, if the
 1332  caretaker relatives choose to have their needs excluded in the
 1333  calculation of the amount of cash assistance.
 1334         2. Families in the Relative Caregiver Program as provided
 1335  in s. 39.5085.
 1336         3. Families in which the only parent in a single-parent
 1337  family or both parents in a two-parent family receive
 1338  supplemental security income (SSI) benefits under Title XVI of
 1339  the Social Security Act, as amended. To the extent permitted by
 1340  federal law, individuals receiving SSI shall be excluded as
 1341  household members in determining the amount of cash assistance,
 1342  and such cases shall not be considered families containing an
 1343  adult. Parents or caretaker relatives who are excluded from the
 1344  cash assistance group due to receipt of SSI may choose to
 1345  participate in work activities. An individual whose ability to
 1346  participate in work activities is limited who volunteers to
 1347  participate in work activities shall be assigned to work
 1348  activities consistent with such limitations. An individual who
 1349  volunteers to participate in a work activity may receive child
 1350  care or support services consistent with such participation.
 1351         4. Families in which the only parent in a single-parent
 1352  family or both parents in a two-parent family are not eligible
 1353  for cash assistance due to immigration status or other
 1354  limitation of federal law. To the extent required by federal
 1355  law, such cases shall not be considered families containing an
 1356  adult.
 1357         5. To the extent permitted by federal law and subject to
 1358  appropriations, special needs children who have been adopted
 1359  pursuant to s. 409.166 and whose adopting family qualifies as a
 1360  needy family under the state program for temporary assistance
 1361  for needy families. Notwithstanding any provision to the
 1362  contrary in s. 414.075, s. 414.085, or s. 414.095, a family
 1363  shall be considered a needy family if:
 1364         a. The family is determined by the department to have an
 1365  income below 200 percent of the federal poverty level;
 1366         b. The family meets the requirements of s. 414.095(2) and
 1367  (3) related to residence, citizenship, or eligible noncitizen
 1368  status; and
 1369         c. The family provides any information that may be
 1370  necessary to meet federal reporting requirements specified under
 1371  Part A of Title IV of the Social Security Act.
 1372         6.Families in the Guardianship Assistance Program as
 1373  provided in s. 39.6225.
 1375  Families described in subparagraph 1., subparagraph 2., or
 1376  subparagraph 3. may receive child care assistance or other
 1377  supports or services so that the children may continue to be
 1378  cared for in their own homes or in the homes of relatives. Such
 1379  assistance or services may be funded from the temporary
 1380  assistance for needy families block grant to the extent
 1381  permitted under federal law and to the extent funds have been
 1382  provided in the General Appropriations Act.
 1383         Section 21. Section 627.746, Florida Statutes, is amended
 1384  to read:
 1385         627.746 Coverage for minors who have a learner’s driver
 1386  license; additional premium prohibited.—An insurer that issues
 1387  an insurance policy on a private passenger motor vehicle to a
 1388  named insured who is a caregiver of a minor who is under the age
 1389  of 18 years and is in out-of-home care as defined in s. 39.01 s.
 1390  39.01(49) may not charge an additional premium for coverage of
 1391  the minor while the minor is operating the insured vehicle, for
 1392  the period of time that the minor has a learner’s driver
 1393  license, until such time as the minor obtains a driver license.
 1394         Section 22. Paragraph (c) of subsection (1) of section
 1395  934.255, Florida Statutes, is amended to read:
 1396         934.255 Subpoenas in investigations of sexual offenses.—
 1397         (1) As used in this section, the term:
 1398         (c) “Sexual abuse of a child” means a criminal offense
 1399  based on any conduct described in s. 39.01 s. 39.01(71).
 1400         Section 23. Subsection (5) of section 960.065, Florida
 1401  Statutes, is amended to read:
 1402         960.065 Eligibility for awards.—
 1403         (5) A person is not ineligible for an award pursuant to
 1404  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 1405  person is a victim of sexual exploitation of a child as defined
 1406  in s. 39.01(76)(g) s. 39.01(77)(g).
 1407         Section 24. Paragraph (d) of subsection (1) of section
 1408  1009.25, Florida Statutes, is amended to read:
 1409         1009.25 Fee exemptions.—
 1410         (1) The following students are exempt from the payment of
 1411  tuition and fees, including lab fees, at a school district that
 1412  provides workforce education programs, Florida College System
 1413  institution, or state university:
 1414         (d) A student who is or was at the time he or she reached
 1415  18 years of age in the custody of a relative or nonrelative
 1416  under s. 39.5085 or s. 39.6225 or who was adopted from the
 1417  Department of Children and Families after May 5, 1997. Such
 1418  exemption includes fees associated with enrollment in applied
 1419  academics for adult education instruction. The exemption remains
 1420  valid until the student reaches 28 years of age.
 1421         Section 25. This act shall take effect July 1, 2019.