Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 634
       
       
       
       
       
                               Ì906584DÎ906584                          
       
       576-04439-19                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to child welfare; providing a short
    3         title; amending s. 25.385, F.S.; requiring the Florida
    4         Court Educational Council to establish certain
    5         standards for instruction of circuit and county court
    6         judges for dependency cases; creating s. 39.0142,
    7         F.S.; requiring the Department of Law Enforcement to
    8         provide certain information to law enforcement
    9         officers relating to specified individuals, subject to
   10         an appropriation; providing how such information shall
   11         be provided to law enforcement officers; providing
   12         requirements for law enforcement officers and the
   13         central abuse hotline relating to specified
   14         interactions with certain persons and how to relay
   15         details of such interactions; amending s. 39.8296,
   16         F.S.; requiring that the guardian ad litem training
   17         program include training on the recognition of and
   18         responses to head trauma and brain injury in children
   19         younger than a specified age; amending s. 402.402,
   20         F.S.; requiring certain investigators, supervisors,
   21         and attorneys to complete training on the recognition
   22         of and responses to head trauma and brain injury in
   23         specified children; amending s. 409.988, F.S.;
   24         requiring lead agencies to provide certain individuals
   25         with training on the recognition of and responses to
   26         head trauma and brain injury in specified children;
   27         authorizing lead agencies to provide intensive family
   28         reunification services that combine child welfare and
   29         mental health services to certain families; amending
   30         s. 409.996, F.S.; requiring the department and certain
   31         lead agencies to create and implement a program to
   32         more effectively provide case management services to
   33         specified children, subject to an appropriation;
   34         providing criteria for selecting judicial circuits for
   35         participation the program; specifying requirements of
   36         the program; requiring the Department of Children and
   37         families to evaluate the effectiveness of the program
   38         and submit a report to the Legislature and Governor by
   39         a specified date; creating s. 943.17297, F.S.;
   40         requiring the Criminal Justice Standards and Training
   41         Commission to incorporate specified training for law
   42         enforcement officers, subject to an appropriation;
   43         requiring law enforcement officers, as of a specified
   44         date, to successfully complete such training as part
   45         of basic recruit training or continuing training or
   46         education; providing an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. This act may be cited as “Jordan’s Law.”
   51         Section 2. Section 25.385, Florida Statutes, is amended to
   52  read:
   53         25.385 Standards for instruction of circuit and county
   54  court judges in handling domestic violence cases.—
   55         (1) The Florida Court Educational Council shall establish
   56  standards for instruction of circuit and county court judges who
   57  have responsibility for domestic violence cases, and the council
   58  shall provide such instruction on a periodic and timely basis.
   59         (2) As used in this subsection, section:
   60         (a) the term “domestic violence” has the meaning set forth
   61  in s. 741.28.
   62         (b)“Family or household member” has the meaning set forth
   63  in s. 741.28.
   64         (2)The Florida Court Educational Council shall establish
   65  standards for instruction of circuit and county court judges who
   66  have responsibility for dependency cases regarding the
   67  recognition of and responses to head trauma and brain injury in
   68  a child under 6 years of age. The council shall provide such
   69  instruction on a periodic and timely basis.
   70         Section 3. Section 39.0142, Florida Statutes, is created to
   71  read:
   72         39.0142Notifying law enforcement officers of parent or
   73  caregiver names.—Subject to an appropriation, the Department of
   74  Law Enforcement shall provide information to a law enforcement
   75  officer stating whether a person is a parent or caregiver who is
   76  currently the subject of a child protective investigation for
   77  alleged child abuse, abandonment, or neglect or is a parent or
   78  caregiver of a child who has been allowed to return to or remain
   79  in the home under judicial supervision after an adjudication of
   80  dependency. This information shall be provided via a Florida
   81  Crime Information Center query into the department’s child
   82  protection database.
   83         (1)If a law enforcement officer has an interaction with a
   84  parent or caregiver as described in this section and the
   85  interaction results in the officer having a concern about a
   86  child’s health, safety, or well-being, the law enforcement
   87  officer shall report the relevant details of the interaction to
   88  the central abuse hotline immediately after the interaction even
   89  if the requirements of s. 39.201, relating to reporting of
   90  knowledge or suspicion of abuse, abandonment, or neglect, are
   91  not met.
   92         (2)The central abuse hotline shall provide any relevant
   93  information to:
   94         (a)The child protective investigator, if the parent or
   95  caregiver is the subject of a child protective investigation; or
   96         (b)The child’s case manager and the attorney representing
   97  the department, if the parent or caregiver has a child under
   98  judicial supervision after an adjudication of dependency.
   99         Section 4. Paragraph (b) of subsection (2) of section
  100  39.8296, Florida Statutes, is amended to read:
  101         39.8296 Statewide Guardian Ad Litem Office; legislative
  102  findings and intent; creation; appointment of executive
  103  director; duties of office.—
  104         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
  105  Statewide Guardian Ad Litem Office within the Justice
  106  Administrative Commission. The Justice Administrative Commission
  107  shall provide administrative support and service to the office
  108  to the extent requested by the executive director within the
  109  available resources of the commission. The Statewide Guardian Ad
  110  Litem Office shall not be subject to control, supervision, or
  111  direction by the Justice Administrative Commission in the
  112  performance of its duties, but the employees of the office shall
  113  be governed by the classification plan and salary and benefits
  114  plan approved by the Justice Administrative Commission.
  115         (b) The Statewide Guardian Ad Litem Office shall, within
  116  available resources, have oversight responsibilities for and
  117  provide technical assistance to all guardian ad litem and
  118  attorney ad litem programs located within the judicial circuits.
  119         1. The office shall identify the resources required to
  120  implement methods of collecting, reporting, and tracking
  121  reliable and consistent case data.
  122         2. The office shall review the current guardian ad litem
  123  programs in Florida and other states.
  124         3. The office, in consultation with local guardian ad litem
  125  offices, shall develop statewide performance measures and
  126  standards.
  127         4. The office shall develop a guardian ad litem training
  128  program, which shall include, but not be limited to, training on
  129  the recognition of and responses to head trauma and brain injury
  130  in a child under 6 years of age. The office shall establish a
  131  curriculum committee to develop the training program specified
  132  in this subparagraph. The curriculum committee shall include,
  133  but not be limited to, dependency judges, directors of circuit
  134  guardian ad litem programs, active certified guardians ad litem,
  135  a mental health professional who specializes in the treatment of
  136  children, a member of a child advocacy group, a representative
  137  of the Florida Coalition Against Domestic Violence, and a social
  138  worker experienced in working with victims and perpetrators of
  139  child abuse.
  140         5. The office shall review the various methods of funding
  141  guardian ad litem programs, shall maximize the use of those
  142  funding sources to the extent possible, and shall review the
  143  kinds of services being provided by circuit guardian ad litem
  144  programs.
  145         6. The office shall determine the feasibility or
  146  desirability of new concepts of organization, administration,
  147  financing, or service delivery designed to preserve the civil
  148  and constitutional rights and fulfill other needs of dependent
  149  children.
  150         7. In an effort to promote normalcy and establish trust
  151  between a court-appointed volunteer guardian ad litem and a
  152  child alleged to be abused, abandoned, or neglected under this
  153  chapter, a guardian ad litem may transport a child. However, a
  154  guardian ad litem volunteer may not be required or directed by
  155  the program or a court to transport a child.
  156         8. The office shall submit to the Governor, the President
  157  of the Senate, the Speaker of the House of Representatives, and
  158  the Chief Justice of the Supreme Court an interim report
  159  describing the progress of the office in meeting the goals as
  160  described in this section. The office shall submit to the
  161  Governor, the President of the Senate, the Speaker of the House
  162  of Representatives, and the Chief Justice of the Supreme Court a
  163  proposed plan including alternatives for meeting the state’s
  164  guardian ad litem and attorney ad litem needs. This plan may
  165  include recommendations for less than the entire state, may
  166  include a phase-in system, and shall include estimates of the
  167  cost of each of the alternatives. Each year the office shall
  168  provide a status report and provide further recommendations to
  169  address the need for guardian ad litem services and related
  170  issues.
  171         Section 5. Subsections (2) and (4) of section 402.402,
  172  Florida Statutes, are amended to read:
  173         402.402 Child protection and child welfare personnel;
  174  attorneys employed by the department.—
  175         (2) SPECIALIZED TRAINING.—All child protective
  176  investigators and child protective investigation supervisors
  177  employed by the department or a sheriff’s office must complete
  178  the following specialized training:
  179         (a)Training on the recognition of and responses to head
  180  trauma and brain injury in a child under 6 years of age.
  181         (b)Training that is either focused on serving a specific
  182  population, including, but not limited to, medically fragile
  183  children, sexually exploited children, children under 3 years of
  184  age, or families with a history of domestic violence, mental
  185  illness, or substance abuse, or focused on performing certain
  186  aspects of child protection practice, including, but not limited
  187  to, investigation techniques and analysis of family dynamics.
  188  The specialized training may be used to fulfill continuing
  189  education requirements under s. 402.40(3)(e). Individuals hired
  190  before July 1, 2014, shall complete the specialized training by
  191  June 30, 2016, and individuals hired on or after July 1, 2014,
  192  shall complete the specialized training within 2 years after
  193  hire. An individual may receive specialized training in multiple
  194  areas.
  195         (4) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD
  196  WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
  197  primary responsibility is representing the department in child
  198  welfare cases shall, within the first 6 months of employment,
  199  receive training in all of the following:
  200         (a) The dependency court process, including the attorney’s
  201  role in preparing and reviewing documents prepared for
  202  dependency court for accuracy and completeness.;
  203         (b) Preparing and presenting child welfare cases, including
  204  at least 1 week shadowing an experienced children’s legal
  205  services attorney preparing and presenting cases.;
  206         (c) Safety assessment, safety decisionmaking tools, and
  207  safety plans.;
  208         (d) Developing information presented by investigators and
  209  case managers to support decisionmaking in the best interest of
  210  children.; and
  211         (e) The experiences and techniques of case managers and
  212  investigators, including shadowing an experienced child
  213  protective investigator and an experienced case manager for at
  214  least 8 hours.
  215         (f)The recognition of and responses to head trauma and
  216  brain injury in a child under 6 years of age.
  217         Section 6. Paragraph (f) of subsection (1) and subsection
  218  (3) of section 409.988, Florida Statutes, are amended to read:
  219         409.988 Lead agency duties; general provisions.—
  220         (1) DUTIES.—A lead agency:
  221         (f) Shall ensure that all individuals providing care for
  222  dependent children receive appropriate training and meet the
  223  minimum employment standards established by the department.
  224  Appropriate training shall include, but is not limited to,
  225  training on the recognition of and responses to head trauma and
  226  brain injury in a child under 6 years of age.
  227         (3) SERVICES.—A lead agency must provide dependent children
  228  with services that are supported by research or that are
  229  recognized as best practices in the child welfare field. The
  230  agency shall give priority to the use of services that are
  231  evidence-based and trauma-informed and may also provide other
  232  innovative services, including, but not limited to, family
  233  centered and cognitive-behavioral interventions designed to
  234  mitigate out-of-home placements and intensive family
  235  reunification services that combine child welfare and mental
  236  health services for families with dependent children under 6
  237  years of age.
  238         Section 7. Subsection (24) is added to section 409.996,
  239  Florida Statutes, to read:
  240         409.996 Duties of the Department of Children and Families.
  241  The department shall contract for the delivery, administration,
  242  or management of care for children in the child protection and
  243  child welfare system. In doing so, the department retains
  244  responsibility for the quality of contracted services and
  245  programs and shall ensure that services are delivered in
  246  accordance with applicable federal and state statutes and
  247  regulations.
  248         (24)Subject to an appropriation, the department, in
  249  collaboration with the lead agencies serving the judicial
  250  circuits selected in paragraph (a), may create and implement a
  251  program to more effectively provide case management services for
  252  dependent children under 6 years of age.
  253         (a)The department may select up to three judicial circuits
  254  in which to develop and implement a program under this
  255  subsection. Priority shall be given to a circuit that has a high
  256  removal rate, significant budget deficit, significant case
  257  management turnover rate, and the highest numbers of children in
  258  out-of-home care or a significant increase in the number of
  259  children in out-of-home care over the last 3 fiscal years.
  260         (b)The program shall:
  261         1.Include caseloads for dependency case managers comprised
  262  solely of children who are under 6 years of age, except as
  263  provided in paragraph (c). The maximum caseload for a case
  264  manager shall be no more than 15 children if possible.
  265         2.Include case managers who are trained specifically in:
  266         a.Critical child development for children under 6 years of
  267  age.
  268         b.Specific practices of child care for children under 6
  269  years of age.
  270         c.The scope of community resources available to children
  271  under 6 years of age.
  272         d.Working with a parent or caregiver and assisting him or
  273  her in developing the skills necessary to care for the health,
  274  safety, and well-being of a child under 6 years of age.
  275         (c)If a child being served through the program has a
  276  dependent sibling, the sibling may be assigned to the same case
  277  manager as the child being served through the program; however,
  278  each sibling counts toward the case manager’s maximum caseload
  279  as provided under paragraph (b).
  280         (d)The department shall evaluate the permanency, safety,
  281  and well-being of children being served through the program and
  282  submit a report to the Governor, the President of the Senate,
  283  and the Speaker of the House of Representatives by October 1,
  284  2024, detailing its findings.
  285         Section 8. Section 943.17297, Florida Statutes, is created
  286  to read:
  287         943.17297Training in the recognition of and responses to
  288  head trauma and brain injury.—Subject to an appropriation, the
  289  commission shall establish standards for the instruction of law
  290  enforcement officers in the subject of recognition of and
  291  responses to head trauma and brain injury in a child from under
  292  6 years of age to aid an officer in the detection of head trauma
  293  and brain injury due to child abuse. By July 1, 2021, each law
  294  enforcement officer must successfully complete the training as
  295  part of the basic recruit training for a law enforcement
  296  officer, as required under s. 943.13(9), or as a part of
  297  continuing training or education required under s. 943.135(1).
  298         Section 9. This act shall take effect July 1, 2019.