Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 122
       
       
       
       
       
                               Ì603180wÎ603180                          
       
       576-04178-20                                                    
       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. 39.202, F.S.; expanding the list of
    4         entities with access to certain records that relate to
    5         child abandonment, abuse, or neglect held by the
    6         Department of Children and Families; amending s.
    7         39.303, F.S.; requiring Child Protection Teams to be
    8         capable of providing certain training relating to head
    9         trauma and brain injuries in children younger than a
   10         specified age; amending s. 39.401, F.S.; authorizing
   11         the parent or legal guardian of a child to request a
   12         second medical evaluation of a child under certain
   13         circumstances; requiring the court to consider such
   14         evaluation when determining whether to remove the
   15         child from the home; amending s. 39.820, F.S.;
   16         revising the definition of the terms “guardian ad
   17         litem” and “guardian advocate”; amending s. 39.8296,
   18         F.S.; requiring that the guardian ad litem training
   19         program include training on the recognition of and
   20         responses to head trauma and brain injury in specified
   21         children; amending s. 402.40, F.S.; revising
   22         legislative findings and providing legislative intent;
   23         requiring the department to develop and implement a
   24         specified child welfare workforce development
   25         framework in collaboration with other specified
   26         entities; providing requirements for the department
   27         relating to workforce education requirements;
   28         requiring the department to submit an annual report to
   29         the Governor and the Legislature by a specified date;
   30         requiring community-based care lead agencies to submit
   31         a plan and timeline to the department relating to
   32         certain child welfare staff by a specified date;
   33         providing requirements for the department related to
   34         workforce training; providing additional duties for
   35         third-party credentialing entities; requiring certain
   36         attorneys employed by the department to complete
   37         certain training by a specified date; deleting
   38         definitions; deleting provisions relating to core
   39         competencies and specializations; amending s. 409.988,
   40         F.S.; requiring a lead agency to ensure that certain
   41         individuals receive specified training relating to
   42         head trauma and brain injuries in children younger
   43         than a specified age; revising the types of services a
   44         lead agency is required to provide; creating s.
   45         943.17298, F.S.; requiring law enforcement officers to
   46         complete training relating to head trauma and brain
   47         injuries in children younger than a specified age as
   48         part of either basic recruit training or continuing
   49         training or education by a specified date; amending s.
   50         1004.615, F.S.; revising the purpose of the Florida
   51         Institute for Child Welfare; revising requirements for
   52         the institute; revising the contents of the annual
   53         report that the institute must provide to the Governor
   54         and the Legislature; deleting obsolete provisions;
   55         repealing s. 402.402, F.S., relating to child
   56         protection and child welfare personnel and attorneys
   57         employed by the department; amending s. 409.996, F.S.;
   58         authorizing the department and certain lead agencies
   59         to create and implement a program to more effectively
   60         provide case management services to specified
   61         children; providing criteria for selecting judicial
   62         circuits for implementation of the program; specifying
   63         requirements of the program; requiring the department
   64         to submit a report to the Governor and the Legislature
   65         by a specified date under specified conditions;
   66         amending s. 1009.25, F.S.; conforming provisions to
   67         changes made by the act; providing an effective date.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. This act may be cited as “Jordan’s Law.”
   72         Section 2.  Paragraph (a) of subsection (2) of section
   73  39.202, Florida Statutes, is amended to read:
   74         39.202 Confidentiality of reports and records in cases of
   75  child abuse or neglect.—
   76         (2) Except as provided in subsection (4), access to such
   77  records, excluding the name of, or other identifying information
   78  with respect to, the reporter which shall be released only as
   79  provided in subsection (5), shall be granted only to the
   80  following persons, officials, and agencies:
   81         (a) Employees, authorized agents, or contract providers of
   82  the department, the Department of Health, the Agency for Persons
   83  with Disabilities, the Office of Early Learning, or county
   84  agencies responsible for carrying out:
   85         1. Child or adult protective investigations;
   86         2. Ongoing child or adult protective services;
   87         3. Early intervention and prevention services;
   88         4. Healthy Start services;
   89         5. Licensure or approval of adoptive homes, foster homes,
   90  child care facilities, facilities licensed under chapter 393,
   91  family day care homes, providers who receive school readiness
   92  funding under part VI of chapter 1002, or other homes used to
   93  provide for the care and welfare of children;
   94         6. Employment screening for caregivers in residential group
   95  homes; or
   96         7. Services for victims of domestic violence when provided
   97  by certified domestic violence centers working at the
   98  department’s request as case consultants or with shared clients;
   99  or
  100         8.Credentialing of child welfare services staff pursuant
  101  to s. 402.40.
  102  
  103  Also, employees or agents of the Department of Juvenile Justice
  104  responsible for the provision of services to children, pursuant
  105  to chapters 984 and 985.
  106         Section 3.  Paragraph (h) of subsection (3) of section
  107  39.303, Florida Statutes, is amended to read:
  108         39.303 Child Protection Teams and sexual abuse treatment
  109  programs; services; eligible cases.—
  110         (3) The Department of Health shall use and convene the
  111  Child Protection Teams to supplement the assessment and
  112  protective supervision activities of the family safety and
  113  preservation program of the Department of Children and Families.
  114  This section does not remove or reduce the duty and
  115  responsibility of any person to report pursuant to this chapter
  116  all suspected or actual cases of child abuse, abandonment, or
  117  neglect or sexual abuse of a child. The role of the Child
  118  Protection Teams is to support activities of the program and to
  119  provide services deemed by the Child Protection Teams to be
  120  necessary and appropriate to abused, abandoned, and neglected
  121  children upon referral. The specialized diagnostic assessment,
  122  evaluation, coordination, consultation, and other supportive
  123  services that a Child Protection Team must be capable of
  124  providing include, but are not limited to, the following:
  125         (h) Such training services for program and other employees
  126  of the Department of Children and Families, employees of the
  127  Department of Health, and other medical professionals as is
  128  deemed appropriate to enable them to develop and maintain their
  129  professional skills and abilities in handling child abuse,
  130  abandonment, and neglect cases. The training services must
  131  include training in the recognition of and appropriate responses
  132  to head trauma and brain injury in a child under 6 years of age
  133  as required under ss. 39.8296, 402.40, and 943.17298.
  134  
  135  A Child Protection Team that is evaluating a report of medical
  136  neglect and assessing the health care needs of a medically
  137  complex child shall consult with a physician who has experience
  138  in treating children with the same condition.
  139         Section 4.  Subsection (3) of section 39.401, Florida
  140  Statutes, is amended to read:
  141         39.401 Taking a child alleged to be dependent into custody;
  142  law enforcement officers and authorized agents of the
  143  department.—
  144         (3) If the child is taken into custody by, or is delivered
  145  to, an authorized agent of the department, the agent shall
  146  review the facts supporting the removal with an attorney
  147  representing the department. The purpose of the review is to
  148  determine whether there is probable cause for the filing of a
  149  shelter petition.
  150         (a) If the facts are not sufficient, the child shall
  151  immediately be returned to the custody of the parent or legal
  152  custodian.
  153         (b) If the facts are sufficient and the child has not been
  154  returned to the custody of the parent or legal custodian, the
  155  department shall file the petition and schedule a hearing, and
  156  the attorney representing the department shall request that a
  157  shelter hearing be held within 24 hours after the removal of the
  158  child. While awaiting the shelter hearing, the authorized agent
  159  of the department may place the child in licensed shelter care
  160  or may release the child to a parent or legal custodian or
  161  responsible adult relative or the adoptive parent of the child’s
  162  sibling who shall be given priority consideration over a
  163  licensed placement, or a responsible adult approved by the
  164  department if this is in the best interests of the child.
  165  Placement of a child which is not in a licensed shelter must be
  166  preceded by a criminal history records check as required under
  167  s. 39.0138. In addition, the department may authorize placement
  168  of a housekeeper/homemaker in the home of a child alleged to be
  169  dependent until the parent or legal custodian assumes care of
  170  the child.
  171         (c)If the decision to remove a child from the home is
  172  predicated upon a medical evaluation performed by a Child
  173  Protection Team pursuant to s. 39.303, the parent or legal
  174  guardian of the child may request that a second, independent
  175  evaluation be performed by a physician who has met the relevant
  176  qualifications of s. 39.303(2)(b) in order to determine whether
  177  the child has been the victim of abuse or neglect. The court
  178  must consider this evaluation when determining whether to remove
  179  a child from the home.
  180         Section 5. Section 39.820, Florida Statutes, is amended to
  181  read:
  182         39.820 Definitions.—As used in this chapter part, the term:
  183         (1) “Guardian ad litem” as referred to in any civil or
  184  criminal proceeding includes the following: the Statewide
  185  Guardian Ad Litem Office, which includes circuit a certified
  186  guardian ad litem programs; program, a duly certified volunteer,
  187  a staff member, a staff attorney, a contract attorney, or a
  188  certified pro bono attorney working on behalf of a guardian ad
  189  litem or the program; staff members of a program office; a
  190  court-appointed attorney; or a responsible adult who is
  191  appointed by the court to represent the best interests of a
  192  child in a proceeding as provided for by law, including, but not
  193  limited to, this chapter, who is a party to any judicial
  194  proceeding as a representative of the child, and who serves
  195  until discharged by the court.
  196         (2) “Guardian advocate” means a person appointed by the
  197  court to act on behalf of a drug dependent newborn under
  198  pursuant to the provisions of this part.
  199         Section 6. Paragraph (b) of subsection (2) of section
  200  39.8296, Florida Statutes, is amended to read:
  201         39.8296 Statewide Guardian Ad Litem Office; legislative
  202  findings and intent; creation; appointment of executive
  203  director; duties of office.—
  204         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
  205  Statewide Guardian Ad Litem Office within the Justice
  206  Administrative Commission. The Justice Administrative Commission
  207  shall provide administrative support and service to the office
  208  to the extent requested by the executive director within the
  209  available resources of the commission. The Statewide Guardian Ad
  210  Litem Office is shall not be subject to control, supervision, or
  211  direction by the Justice Administrative Commission in the
  212  performance of its duties, but the employees of the office are
  213  shall be governed by the classification plan and salary and
  214  benefits plan approved by the Justice Administrative Commission.
  215         (b) The Statewide Guardian Ad Litem Office shall, within
  216  available resources, have oversight responsibilities for and
  217  provide technical assistance to all guardian ad litem and
  218  attorney ad litem programs located within the judicial circuits.
  219         1. The office shall identify the resources required to
  220  implement methods of collecting, reporting, and tracking
  221  reliable and consistent case data.
  222         2. The office shall review the current guardian ad litem
  223  programs in Florida and other states.
  224         3. The office, in consultation with local guardian ad litem
  225  offices, shall develop statewide performance measures and
  226  standards.
  227         4. The office shall develop a guardian ad litem training
  228  program, which shall include, but not be limited to, training on
  229  the recognition of and responses to head trauma and brain injury
  230  in a child under 6 years of age. The office shall establish a
  231  curriculum committee to develop the training program specified
  232  in this subparagraph. The curriculum committee shall include,
  233  but not be limited to, dependency judges, directors of circuit
  234  guardian ad litem programs, active certified guardians ad litem,
  235  a mental health professional who specializes in the treatment of
  236  children, a member of a child advocacy group, a representative
  237  of a domestic violence advocacy group the Florida Coalition
  238  Against Domestic Violence, and a social worker experienced in
  239  working with victims and perpetrators of child abuse.
  240         5. The office shall review the various methods of funding
  241  guardian ad litem programs, shall maximize the use of those
  242  funding sources to the extent possible, and shall review the
  243  kinds of services being provided by circuit guardian ad litem
  244  programs.
  245         6. The office shall determine the feasibility or
  246  desirability of new concepts of organization, administration,
  247  financing, or service delivery designed to preserve the civil
  248  and constitutional rights and fulfill other needs of dependent
  249  children.
  250         7. In an effort to promote normalcy and establish trust
  251  between a court-appointed volunteer guardian ad litem and a
  252  child alleged to be abused, abandoned, or neglected under this
  253  chapter, a guardian ad litem may transport a child. However, a
  254  guardian ad litem volunteer may not be required or directed by
  255  the program or a court to transport a child.
  256         8. The office shall submit to the Governor, the President
  257  of the Senate, the Speaker of the House of Representatives, and
  258  the Chief Justice of the Supreme Court an interim report
  259  describing the progress of the office in meeting the goals as
  260  described in this section. The office shall submit to the
  261  Governor, the President of the Senate, the Speaker of the House
  262  of Representatives, and the Chief Justice of the Supreme Court a
  263  proposed plan including alternatives for meeting the state’s
  264  guardian ad litem and attorney ad litem needs. This plan may
  265  include recommendations for less than the entire state, may
  266  include a phase-in system, and shall include estimates of the
  267  cost of each of the alternatives. Each year the office shall
  268  provide a status report and provide further recommendations to
  269  address the need for guardian ad litem services and related
  270  issues.
  271         Section 7.  Section 402.40, Florida Statutes, is amended to
  272  read:
  273         (Substantial rewording of section. See
  274         s. 402.40, F.S., for present text.)
  275         402.40Child welfare workforce; development; training;
  276  certification; well-being.—
  277         (1) LEGISLATIVE FINDINGS AND INTENT.—
  278         (a) The Legislature finds that positive outcomes for
  279  children and families involved with the child welfare system
  280  often are attributable to the strong commitment of a well
  281  trained, highly skilled, well-resourced, and dedicated child
  282  welfare workforce and that the child welfare system is only as
  283  good as the individuals who conduct investigations, provide
  284  services to children and families, and manage service delivery.
  285         (b) The Legislature also finds that child welfare agencies
  286  experience barriers to establishing and maintaining a stable,
  287  effective, and diverse workforce because of issues relating to
  288  recruitment, education and training, inadequate supervision,
  289  retention and staff turnover, and lack of support for frontline
  290  individuals.
  291         (c) The Legislature further finds that, although numerous
  292  initiatives have been developed to address these challenges,
  293  isolated interventions often fail to yield positive results,
  294  whereas implementing an integrated framework across multiple
  295  domains can help child welfare agencies achieve effective
  296  outcomes.
  297         (d) It is the intent of the Legislature to ensure a
  298  systematic approach to child welfare workforce staff development
  299  and the well-being of individuals providing child welfare
  300  services by establishing a uniform statewide program.
  301         (2)CHILD WELFARE WORKFORCE DEVELOPMENT FRAMEWORK.—In order
  302  to promote competency-based, outcome-focused, and data-driven
  303  approaches to workforce development, the department, in
  304  collaboration with the Florida Institute for Child Welfare,
  305  shall develop and implement a comprehensive child welfare
  306  development workforce framework using a nationally recognized
  307  model for workforce development. The framework must address, at
  308  a minimum, all of the following components:
  309         (a) Recruitment and hiring.
  310         (b) Education and professional preparation.
  311         (c) Professional training and development.
  312         (d)Supervision.
  313         (e) Retention.
  314         (f) Caseload and workload.
  315         (g)Workforce well-being and support.
  316         (h) Work-life balance and flexible scheduling.
  317         (i) Agency culture and climate.
  318         (3)WORKFORCE EDUCATION REQUIREMENTS.—
  319         (a)The department shall make every effort to recruit and
  320  hire qualified professional staff to serve as child protective
  321  investigators and child protective investigation supervisors who
  322  are qualified by their education and experience to perform
  323  social work functions. The department, in collaboration with the
  324  lead agencies, subcontracted provider organizations, the Florida
  325  Institute for Child Welfare, and other partners in the child
  326  welfare system, shall develop a protocol for screening
  327  candidates for child protective positions which reflects the
  328  preferences specified in subparagraphs 1., 2., and 3. The
  329  following persons must be given preference in recruitment, but
  330  this preference serves only as guidance and does not limit the
  331  department’s discretion to select the best available candidates:
  332         1. Individuals with a baccalaureate degree in social work,
  333  and child protective investigation supervisors with a master’s
  334  degree in social work, from a college or university social work
  335  program accredited by the Council on Social Work Education.
  336         2. Individuals with a bachelor’s degree or a master’s
  337  degree in psychology, sociology, counseling, special education,
  338  education, human development, child development, family
  339  development, marriage and family therapy, or nursing.
  340         3. Individuals with baccalaureate degrees who have a
  341  combination of directly relevant work and volunteer experience,
  342  preferably in a public service field related to children’s
  343  services, which demonstrates critical thinking skills, formal
  344  assessment processes, communication skills, problem solving, and
  345  empathy; a commitment to helping children and families; a
  346  capacity to work as part of a team; an interest in continuous
  347  development of skills and knowledge; and sufficient personal
  348  strength and resilience to manage competing demands and handle
  349  workplace stresses.
  350         (b) By each October 1, the department shall submit a report
  351  on the educational qualifications, turnover, and working
  352  conditions of child protective investigators and supervisors to
  353  the Governor, the President of the Senate, and the Speaker of
  354  the House of Representatives.
  355         (c)By January 1, 2021, the community-based care lead
  356  agencies shall submit to the department a plan and timeline for
  357  recruiting and hiring child welfare staff providing care for
  358  dependent children which meet the same educational requirements
  359  as required for child protective investigators and child
  360  protective investigation supervisors under this subsection. The
  361  plan and timeline must include the same recruiting and hiring
  362  requirements for child welfare staff employed by subcontractors.
  363         (4) WORKFORCE TRAINING.—
  364         (a) In order to enable the state to recruit and retain a
  365  qualified and diverse child welfare workforce that is well
  366  trained, well-supervised, and well-supported, the department
  367  shall establish a program for a comprehensive system to provide
  368  both preservice and inservice child welfare competency-based
  369  training curricula that all child welfare staff, including all
  370  staff providing care for dependent children employed by a
  371  community-based care lead agency or by a subcontractor of such
  372  agency, are required to participate in and successfully
  373  complete, appropriate to their areas of responsibility. Such
  374  program must include training in the recognition of and
  375  appropriate responses to head trauma and brain injury in a child
  376  under 6 years of age, which must be developed by the Child
  377  Protection Team Program within the Department of Health.
  378         (b)A community-based care lead agency may develop
  379  additional training for persons delivering child welfare
  380  services in the agency’s service area if the curriculum does not
  381  conflict with training required in paragraph (a).
  382         (5)WORKFORCE CERTIFICATION.—The department shall approve
  383  one or more third-party credentialing entities for the purpose
  384  of developing and administering child welfare certification
  385  programs for persons who provide child welfare services. A
  386  third-party credentialing entity shall request such approval in
  387  writing from the department. In order to obtain approval, the
  388  third-party credentialing entity must:
  389         (a) Establish professional requirements and standards that
  390  applicants must achieve in order to obtain a child welfare
  391  certification and to maintain such certification.
  392         (b) Develop and apply core competencies and examination
  393  instruments according to nationally recognized certification and
  394  psychometric standards.
  395         (c) Maintain a professional code of ethics and a
  396  disciplinary process that apply to all persons holding child
  397  welfare certification.
  398         (d) Maintain a database, accessible to the public, of all
  399  persons holding child welfare certification, including any
  400  history of ethical violations.
  401         (e) Require annual continuing education for persons holding
  402  child welfare certification and require certified professionals
  403  to comply with the training requirements in subsection (4) as a
  404  condition of renewal or initial certification. The third-party
  405  credentialing entity shall track and report compliance with this
  406  section to the department on an annual basis.
  407         (f) Administer a continuing education provider program to
  408  ensure that only qualified providers offer continuing education
  409  opportunities for certificateholders.
  410         (g)All certified child welfare professionals must follow
  411  the requirements of the third-party credentialing entities code
  412  of ethical and professional conduct and disciplinary procedures.
  413         1.The department, community based care lead agencies,
  414  sheriff offices and their contracted providers shall report all
  415  allegations of suspected or known violations of ethical or
  416  professional misconduct standards to the department approved
  417  third-party credentialing entity, including all allegations made
  418  to the department’s Office of Inspector General on certified
  419  personnel.
  420         2.The third-party credentialing entity shall review all
  421  case records involving the death of a child or other critical
  422  incident to ensure compliance with the third-party credentialing
  423  entity’s published code of ethical and professional conduct and
  424  disciplinary procedures.
  425         3.The department shall provide the third-party
  426  credentialing entity with all reports necessary to conduct a
  427  thorough investigation on all certified child welfare service
  428  providers involved with the case.
  429         4.The third-party credentialing entity shall immediately
  430  suspend the certification of all certified individuals involved
  431  in the case pending the results of the initial review of the
  432  certified professional’s role and performance as it relates to
  433  the case circumstance.
  434         5.The department or sub-contracted employer of the
  435  certified staff must immediately remove the individual from
  436  their duties that require certification as a condition of
  437  employment until the initial review is complete and the third
  438  party credentialing entity determines if an ethics case is
  439  warranted.
  440         6.Any decision by a department approved credentialing
  441  entity to deny, revoke, or suspend a certification, or otherwise
  442  impose sanctions on an individual who is certified, is
  443  reviewable by the department. Upon receiving an adverse
  444  determination, the person aggrieved may request an
  445  administrative hearing pursuant to ss. 120.569 and 120.57(1)
  446  within 30 days after completing any appeals process offered by
  447  the credentialing entity or the department, as applicable.
  448         7.The third-party credentialing entity shall track and
  449  report compliance with this subsection to the department.
  450         (h) Maintain an advisory committee, including
  451  representatives from each region of the department, each
  452  sheriff’s office providing child protective services, and each
  453  community-based care lead agency, who shall be appointed by the
  454  organization they represent. The third-party credentialing
  455  entity may appoint additional members to the advisory committee.
  456         (6) CHILD WELFARE TRAINING TRUST FUND.—
  457         (a) There is created within the State Treasury a Child
  458  Welfare Training Trust Fund to be used by the Department of
  459  Children and Families for the purpose of funding the
  460  professional development of persons providing child welfare
  461  services.
  462         (b) One dollar from every noncriminal traffic infraction
  463  collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
  464  deposited into the Child Welfare Training Trust Fund.
  465         (c) In addition to the funds generated by paragraph (b),
  466  the trust fund shall receive funds generated from an additional
  467  fee on birth certificates and dissolution of marriage filings,
  468  as specified in ss. 382.0255 and 28.101, respectively, and may
  469  receive funds from any other public or private source.
  470         (d) Funds that are not expended by the end of the budget
  471  cycle or through a supplemental budget approved by the
  472  department shall revert to the trust fund.
  473         (7) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD
  474  WELFARE CASES.—With the exception of attorneys hired after July
  475  1, 2014, but before July 1, 2020, who shall complete the
  476  training required under this subsection by January 31, 2021,
  477  attorneys hired by the department on or after July 1, 2014,
  478  whose primary responsibility is representing the department in
  479  child welfare cases shall receive training within the first 6
  480  months of employment in:
  481         (a) The dependency court process, including the attorney’s
  482  role in preparing and reviewing documents prepared for
  483  dependency court for accuracy and completeness;
  484         (b) Preparing and presenting child welfare cases, including
  485  at least 1 week of shadowing an experienced children’s legal
  486  services attorney who is preparing and presenting cases;
  487         (c) Safety assessment, safety decisionmaking tools, and
  488  safety plans;
  489         (d) Developing information presented by investigators and
  490  case managers to support decisionmaking in the best interest of
  491  children; and
  492         (e) The experiences and techniques of case managers and
  493  investigators, including shadowing an experienced child
  494  protective investigator and an experienced case manager for at
  495  least 8 hours.
  496         (8) ADOPTION OF RULES.—The department shall adopt rules
  497  necessary to administer this section.
  498         Section 8.  Paragraph (f) of subsection (1) and subsection
  499  (3) of section 409.988, Florida Statutes, is amended to read:
  500         409.988 Lead agency duties; general provisions.—
  501         (1) DUTIES.—A lead agency:
  502         (f) Shall ensure that all individuals providing care for
  503  dependent children participate in and successfully complete the
  504  program of receive appropriate training relevant to the
  505  individual’s area of responsibility and meet the minimum
  506  employment standards established by the department pursuant to
  507  s. 402.40. The training curriculum must include training in the
  508  recognition of and appropriate responses to head trauma and
  509  brain injury in a child under 6 years of age developed by the
  510  Child Protection Team Program within the Department of Health.
  511         (3) SERVICES.—A lead agency must provide dependent children
  512  with services that are supported by research or that are
  513  recognized as best practices in the child welfare field. The
  514  agency shall give priority to the use of services that are
  515  evidence-based and trauma-informed and may also provide other
  516  innovative services, including, but not limited to, family
  517  centered and cognitive-behavioral interventions designed to
  518  mitigate out-of-home placements, and intensive family
  519  reunification services that combine child welfare and mental
  520  health services for families with dependent children under 6
  521  years of age.
  522         Section 9.  Section 943.17298, Florida Statutes, is created
  523  to read:
  524         943.17298 Training in the recognition of and responses to
  525  head trauma and brain injury.—Each law enforcement officer must
  526  successfully complete training on the subject of the recognition
  527  of and appropriate responses to head trauma and brain injury in
  528  a child under 6 years of age developed by the Child Protection
  529  Team Program within the Department of Health to aid an officer
  530  in the detection of head trauma and brain injury due to child
  531  abuse. Such training must be completed as part of the basic
  532  recruit training for a law enforcement officer, as required
  533  under s. 943.13(9), or as a part of continuing training or
  534  education required under s. 943.135(1), before July 1, 2022.
  535         Section 10.  Section 1004.615, Florida Statutes, is amended
  536  to read:
  537         1004.615 Florida Institute for Child Welfare.—
  538         (1) There is established the Florida Institute for Child
  539  Welfare within the Florida State University College of Social
  540  Work. The purpose of the institute is to advance the well-being
  541  of children and families who are involved with, or at risk of
  542  becoming involved with, the child welfare system by facilitating
  543  and supporting statewide partnerships to develop competency
  544  based education, training, and support to prepare a diverse
  545  group of social work professionals for careers in child welfare
  546  by improving the performance of child protection and child
  547  welfare services through research, policy analysis, evaluation,
  548  and leadership development. The institute shall consist of a
  549  consortium of public and private universities offering degrees
  550  in social work and shall be housed within the Florida State
  551  University College of Social Work.
  552         (2) Using such resources as authorized in the General
  553  Appropriations Act, the Department of Children and Families
  554  shall collaborate contract with the institute for performance of
  555  the duties described in subsection (3) (4) using state
  556  appropriations, public and private grants, and other resources
  557  obtained by the institute.
  558         (3) In order to increase and retain a higher percentage of
  559  professionally educated social workers in the child welfare
  560  system and serve as a statewide resource for child welfare
  561  workforce education and training, the institute, in
  562  collaboration with the Department of Children and Families,
  563  shall:
  564         (a) Design and disseminate a continuum of social work
  565  education and training which emphasizes child welfare workforce
  566  stabilization and professionalization by aligning social work
  567  curriculum and training with critical practice skills pursuant
  568  to s. 402.40.
  569         (b) Identify methods to promote continuing professional
  570  development and systems of workplace support for existing child
  571  welfare staff.
  572         (c) Develop a best practice model for providing feedback on
  573  curriculum to social work programs and for ensuring that interns
  574  who will be entering the child welfare profession are well
  575  supervised by university personnel during their internships.
  576         (d) Create a Title IV-E program designed to provide
  577  professional education and monetary support to undergraduate and
  578  graduate social work students who intend to pursue or continue a
  579  career in child welfare. Goals of the program should include:
  580         1. Increasing the number of individuals in the child
  581  welfare workforce who have a bachelor’s degree or master’s
  582  degree in social work.
  583         2. Prioritizing the enrollment of current child welfare
  584  staff employed by the state.
  585         3. Prioritizing the enrollment of students who reflect the
  586  diversity of the state’s child welfare population.
  587         4. Providing specific program support through the provision
  588  of specialized competency-based child welfare curriculum and
  589  monetary support to students.
  590         (e) Engage in evaluation and dissemination of evidence
  591  based and promising practices in child welfare and build high
  592  quality evaluation into new program models and pilots.
  593  
  594  The institute shall work with the department, sheriffs providing
  595  child protective investigative services, community-based care
  596  lead agencies, community-based care provider organizations, the
  597  court system, the Department of Juvenile Justice, the Florida
  598  Coalition Against Domestic Violence, and other partners who
  599  contribute to and participate in providing child protection and
  600  child welfare services.
  601         (4) The institute shall:
  602         (a) Maintain a program of research which contributes to
  603  scientific knowledge and informs both policy and practice
  604  related to child safety, permanency, and child and family well
  605  being.
  606         (b) Advise the department and other organizations
  607  participating in the child protection and child welfare system
  608  regarding scientific evidence on policy and practice related to
  609  child safety, permanency, and child and family well-being.
  610         (c) Provide advice regarding management practices and
  611  administrative processes used by the department and other
  612  organizations participating in the child protection and child
  613  welfare system and recommend improvements that reduce
  614  burdensome, ineffective requirements for frontline staff and
  615  their supervisors while enhancing their ability to effectively
  616  investigate, analyze, problem solve, and supervise.
  617         (d) Assess the performance of child protection and child
  618  welfare services based on specific outcome measures.
  619         (e) Evaluate the scope and effectiveness of preservice and
  620  inservice training for child protection and child welfare
  621  employees and advise and assist the department in efforts to
  622  improve such training.
  623         (f) Assess the readiness of social work graduates to assume
  624  job responsibilities in the child protection and child welfare
  625  system and identify gaps in education which can be addressed
  626  through the modification of curricula or the establishment of
  627  industry certifications.
  628         (g) Develop and maintain a program of professional support
  629  including training courses and consulting services that assist
  630  both individuals and organizations in implementing adaptive and
  631  resilient responses to workplace stress.
  632         (h) Participate in the department’s critical incident
  633  response team, assist in the preparation of reports about such
  634  incidents, and support the committee review of reports and
  635  development of recommendations.
  636         (i) Identify effective policies and promising practices,
  637  including, but not limited to, innovations in coordination
  638  between entities participating in the child protection and child
  639  welfare system, data analytics, working with the local
  640  community, and management of human service organizations, and
  641  communicate these findings to the department and other
  642  organizations participating in the child protection and child
  643  welfare system.
  644         (j) Develop a definition of a child or family at high risk
  645  of abuse or neglect. Such a definition must consider
  646  characteristics associated with a greater probability of abuse
  647  and neglect.
  648         (5) The President of the Florida State University shall
  649  appoint a director of the institute. The director must be a
  650  child welfare professional with a degree in social work who
  651  holds a faculty appointment in the Florida State University
  652  College of Social Work. The institute shall be administered by
  653  the director, and the director’s office shall be located at the
  654  Florida State University. The director is responsible for
  655  overall management of the institute and for developing and
  656  executing the work of the institute consistent with the
  657  responsibilities in subsection (3) (4). The director shall
  658  engage individuals in other state universities with accredited
  659  colleges of social work to participate in the institute.
  660  Individuals from other university programs relevant to the
  661  institute’s work, including, but not limited to, economics,
  662  management, law, medicine, and education, may also be invited by
  663  the director to contribute to the institute. The universities
  664  participating in the institute shall provide facilities, staff,
  665  and other resources to the institute to establish statewide
  666  access to institute programs and services.
  667         (5)(6) By each October 1 of each year, the institute shall
  668  provide a written report to the Governor, the President of the
  669  Senate, and the Speaker of the House of Representatives which
  670  outlines its activities in the preceding year, reports
  671  significant research findings, as well as results of other
  672  programs, and provides specific recommendations for improving
  673  education, training, and support for individuals in the child
  674  welfare workforce child protection and child welfare services.
  675         (a) The institute shall include an evaluation of the
  676  results of the educational and training requirements for child
  677  protection and child welfare personnel established under this
  678  act and recommendations for application of the results to child
  679  protection personnel employed by sheriff’s offices providing
  680  child protection services in its report due October 1, 2017.
  681         (b) The institute shall include an evaluation of the
  682  effects of the other provisions of this act and recommendations
  683  for improvements in child protection and child welfare services
  684  in its report due October 1, 2018.
  685         (7) The institute shall submit a report with
  686  recommendations for improving the state’s child welfare system.
  687  The report shall address topics including, but not limited to,
  688  enhancing working relationships between the entities involved in
  689  the child protection and child welfare system, identification of
  690  and replication of best practices, reducing paperwork,
  691  increasing the retention of child protective investigators and
  692  case managers, and caring for medically complex children within
  693  the child welfare system, with the goal of allowing the child to
  694  remain in the least restrictive and most nurturing environment.
  695  The institute shall submit an interim report by February 1,
  696  2015, and final report by October 1, 2015, to the Governor, the
  697  President of the Senate, and the Speaker of the House of
  698  Representatives.
  699         Section 11.  Section 402.402, Florida Statutes, is
  700  repealed.
  701         Section 12. Subsection (24) is added to section 409.996,
  702  Florida Statutes, to read:
  703         409.996 Duties of the Department of Children and Families.
  704  The department shall contract for the delivery, administration,
  705  or management of care for children in the child protection and
  706  child welfare system. In doing so, the department retains
  707  responsibility for the quality of contracted services and
  708  programs and shall ensure that services are delivered in
  709  accordance with applicable federal and state statutes and
  710  regulations.
  711         (24)The department, in collaboration with the lead
  712  agencies serving the judicial circuits selected in paragraph
  713  (a), may create and implement a program to more effectively
  714  provide case management services for dependent children under 6
  715  years of age.
  716         (a)If the program is created, the department shall select
  717  up to three judicial circuits in which to develop and implement
  718  the program, with priority given to a circuit that has a high
  719  removal rate, significant case management turnover rate, and the
  720  highest numbers of children in out-of-home care or a significant
  721  increase in the number of children in out-of-home care over the
  722  last 3 fiscal years.
  723         (b)If the program is created, it must do each of the
  724  following:
  725         1.Include caseloads for dependency case managers comprised
  726  solely of children who are under 6 years of age, except as
  727  provided in paragraph (c). The maximum caseload for a case
  728  manager shall be no more than 15 children, if possible.
  729         2.Include case managers who are trained specifically in:
  730         a.Critical child development for children under 6 years of
  731  age;
  732         b.Specific practices of child care for children under 6
  733  years of age;
  734         c.The scope of community resources available to children
  735  under 6 years of age; and
  736         d.Working with a parent or caregiver and assisting him or
  737  her in developing the skills necessary to care for the health,
  738  safety, and well-being of a child under 6 years of age.
  739         (c)If a child being served through the program has a
  740  dependent sibling, the sibling may be assigned to the same case
  741  manager as the child being served through the program; however,
  742  each sibling counts toward the case manager’s maximum caseload
  743  as provided under paragraph (b).
  744         (d)If the program is created, the department shall
  745  evaluate the permanency, safety, and well-being of children
  746  being served through the program and submit a report to the
  747  Governor, the President of the Senate, and the Speaker of the
  748  House of Representatives by October 1, 2025, detailing its
  749  findings.
  750         Section 13.  Paragraph (h) of subsection (1) of section
  751  1009.25, Florida Statutes, is amended to read:
  752         1009.25 Fee exemptions.—
  753         (1) The following students are exempt from the payment of
  754  tuition and fees, including lab fees, at a school district that
  755  provides workforce education programs, Florida College System
  756  institution, or state university:
  757         (h) Pursuant to s. 402.403, child protection and child
  758  welfare personnel as defined in s. 402.402 who are enrolled in
  759  an accredited bachelor’s degree or master’s degree in social
  760  work program, provided that the student attains at least a grade
  761  of “B” in all courses for which tuition and fees are exempted.
  762         Section 14. This act shall take effect July 1, 2020.