Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1324
       
       
       
       
       
       
                                Ì336202kÎ336202                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2020           .                                
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       The Committee on Appropriations (Simpson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 25.385, Florida Statutes, is amended to
    6  read:
    7         25.385 Standards for instruction of circuit and county
    8  court judges in handling domestic violence cases.—
    9         (1) The Florida Court Educational Council shall establish
   10  standards for instruction of circuit and county court judges who
   11  have responsibility for domestic violence cases, and the council
   12  shall provide such instruction on a periodic and timely basis.
   13         (2) As used in this subsection, section:
   14         (a) the term “domestic violence” has the meaning set forth
   15  in s. 741.28.
   16         (b) “Family or household member” has the meaning set forth
   17  in s. 741.28.
   18         (2) The Florida Court Educational Council shall establish
   19  standards for instruction of circuit and county court judges who
   20  have responsibility for dependency cases regarding the benefits
   21  of a secure attachment with a primary caregiver, the importance
   22  of a stable placement, and the impact of trauma on child
   23  development. The council shall provide such instruction to the
   24  circuit and county court judges handling dependency cases on a
   25  periodic and timely basis.
   26         Section 2. Section 39.01304, Florida Statutes, is created
   27  to read:
   28         39.01304 Early childhood court programs.—
   29         (1)A circuit court may create an early childhood court
   30  program to serve the needs of infants and toddlers in dependency
   31  court. If a circuit court creates an early childhood court, it
   32  may consider all of the following components:
   33         (a)The court supporting the therapeutic needs of the
   34  parent and child in a nonadversarial manner.
   35         (b)A multidisciplinary team made up of key community
   36  stakeholders to work with the court to restructure the way the
   37  community responds to the needs of maltreated children.
   38         (c)A community coordinator to facilitate services and
   39  resources for families, serve as a liaison between a
   40  multidisciplinary team and the judiciary, and manage data
   41  collection for program evaluation and accountability. The Office
   42  of the State Courts Administrator may coordinate with each
   43  participating circuit court to fill a community coordinator
   44  position for the circuit’s early childhood court program.
   45         (d)A continuum of mental health services which includes
   46  those that support the parent-child relationship and are
   47  appropriate for children and family served.
   48         (2)The Office of State Courts Administrator shall contract
   49  for an evaluation of the early childhood programs to ensure the
   50  quality, accountability, and fidelity of the programs evidence
   51  based treatment. The Office of State Courts Administrator may
   52  provide, or contract for the provision of, training and
   53  technical assistance related to program services, consultation
   54  and guidance for difficult cases, and ongoing training for court
   55  teams.
   56         Section 3. Subsection (1) of section 39.0138, Florida
   57  Statutes, is amended to read
   58         39.0138 Criminal history and other records checks; limit on
   59  placement of a child.—
   60         (1) The department shall conduct a records check through
   61  the State Automated Child Welfare Information System (SACWIS)
   62  and a local and statewide criminal history records check on all
   63  persons, including parents, being considered by the department
   64  for placement of a child under this chapter, including all
   65  nonrelative placement decisions, and all members of the
   66  household, 12 years of age and older, of the person being
   67  considered. For purposes of this section, a criminal history
   68  records check may include, but is not limited to, submission of
   69  fingerprints to the Department of Law Enforcement for processing
   70  and forwarding to the Federal Bureau of Investigation for state
   71  and national criminal history information, and local criminal
   72  records checks through local law enforcement agencies of all
   73  household members 18 years of age and older and other visitors
   74  to the home. Background screenings must be completed within 14
   75  business days after the department receives the criminal history
   76  results, unless additional information regarding the criminal
   77  history is required to complete processing. An out-of-state
   78  criminal history records check must be initiated for any person
   79  18 years of age or older who resided in another state if that
   80  state allows the release of such records. The department shall
   81  establish by rule standards for evaluating any information
   82  contained in the automated system relating to a person who must
   83  be screened for purposes of making a placement decision.
   84         Section 4. Subsection (1) and paragraph (a) of subsection
   85  (9) of section 39.301, Florida Statutes, are amended to read:
   86         39.301 Initiation of protective investigations.—
   87         (1)(a) Upon receiving a report of known or suspected child
   88  abuse, abandonment, or neglect, or that a child is in need of
   89  supervision and care and has no parent, legal custodian, or
   90  responsible adult relative immediately known and available to
   91  provide supervision and care, the central abuse hotline shall
   92  determine if the report requires an immediate onsite protective
   93  investigation. For reports requiring an immediate onsite
   94  protective investigation, the central abuse hotline shall
   95  immediately notify the department’s designated district staff
   96  responsible for protective investigations to ensure that an
   97  onsite investigation is promptly initiated. For reports not
   98  requiring an immediate onsite protective investigation, the
   99  central abuse hotline shall notify the department’s designated
  100  district staff responsible for protective investigations in
  101  sufficient time to allow for an investigation. At the time of
  102  notification, the central abuse hotline shall also provide
  103  information to district staff on any previous report concerning
  104  a subject of the present report or any pertinent information
  105  relative to the present report or any noted earlier reports.
  106         (b) The department shall promptly notify the court of any
  107  report to the central abuse hotline that is accepted for a
  108  protective investigation and involves a child over whom the
  109  court has jurisdiction.
  110         (9)(a) For each report received from the central abuse
  111  hotline and accepted for investigation, the department or the
  112  sheriff providing child protective investigative services under
  113  s. 39.3065, shall perform the following child protective
  114  investigation activities to determine child safety:
  115         1. Conduct a review of all relevant, available information
  116  specific to the child and family and alleged maltreatment;
  117  family child welfare history; local, state, and federal criminal
  118  records checks; and requests for law enforcement assistance
  119  provided by the abuse hotline. Based on a review of available
  120  information, including the allegations in the current report, a
  121  determination shall be made as to whether immediate consultation
  122  should occur with law enforcement, the Child Protection Team, a
  123  domestic violence shelter or advocate, or a substance abuse or
  124  mental health professional. Such consultations should include
  125  discussion as to whether a joint response is necessary and
  126  feasible. A determination shall be made as to whether the person
  127  making the report should be contacted before the face-to-face
  128  interviews with the child and family members.
  129         2. Conduct face-to-face interviews with the child; other
  130  siblings, if any; and the parents, legal custodians, or
  131  caregivers.
  132         3. Assess the child’s residence, including a determination
  133  of the composition of the family and household, including the
  134  name, address, date of birth, social security number, sex, and
  135  race of each child named in the report; any siblings or other
  136  children in the same household or in the care of the same
  137  adults; the parents, legal custodians, or caregivers; and any
  138  other adults in the same household.
  139         4. Determine whether there is any indication that any child
  140  in the family or household has been abused, abandoned, or
  141  neglected; the nature and extent of present or prior injuries,
  142  abuse, or neglect, and any evidence thereof; and a determination
  143  as to the person or persons apparently responsible for the
  144  abuse, abandonment, or neglect, including the name, address,
  145  date of birth, social security number, sex, and race of each
  146  such person.
  147         5. Complete assessment of immediate child safety for each
  148  child based on available records, interviews, and observations
  149  with all persons named in subparagraph 2. and appropriate
  150  collateral contacts, which may include other professionals. The
  151  department’s child protection investigators are hereby
  152  designated a criminal justice agency for the purpose of
  153  accessing criminal justice information to be used for enforcing
  154  this state’s laws concerning the crimes of child abuse,
  155  abandonment, and neglect. This information shall be used solely
  156  for purposes supporting the detection, apprehension,
  157  prosecution, pretrial release, posttrial release, or
  158  rehabilitation of criminal offenders or persons accused of the
  159  crimes of child abuse, abandonment, or neglect and may not be
  160  further disseminated or used for any other purpose.
  161         6. Document the present and impending dangers to each child
  162  based on the identification of inadequate protective capacity
  163  through utilization of a standardized safety assessment
  164  instrument. If present or impending danger is identified, the
  165  child protective investigator must implement a safety plan or
  166  take the child into custody. If present danger is identified and
  167  the child is not removed, the child protective investigator
  168  shall create and implement a safety plan before leaving the home
  169  or the location where there is present danger. If impending
  170  danger is identified, the child protective investigator shall
  171  create and implement a safety plan as soon as necessary to
  172  protect the safety of the child. The child protective
  173  investigator may modify the safety plan if he or she identifies
  174  additional impending danger.
  175         a. If the child protective investigator implements a safety
  176  plan, the plan must be specific, sufficient, feasible, and
  177  sustainable in response to the realities of the present or
  178  impending danger. A safety plan may be an in-home plan or an
  179  out-of-home plan, or a combination of both. A safety plan may
  180  include tasks or responsibilities for a parent, caregiver, or
  181  legal custodian. However, a safety plan may not rely on
  182  promissory commitments by the parent, caregiver, or legal
  183  custodian who is currently not able to protect the child or on
  184  services that are not available or will not result in the safety
  185  of the child. A safety plan may not be implemented if for any
  186  reason the parents, guardian, or legal custodian lacks the
  187  capacity or ability to comply with the plan. If the department
  188  is not able to develop a plan that is specific, sufficient,
  189  feasible, and sustainable, the department shall file a shelter
  190  petition. A child protective investigator shall implement
  191  separate safety plans for the perpetrator of domestic violence,
  192  if the investigator, using reasonable efforts, can locate the
  193  perpetrator to implement a safety plan, and for the parent who
  194  is a victim of domestic violence as defined in s. 741.28.
  195  Reasonable efforts to locate a perpetrator include, but are not
  196  limited to, a diligent search pursuant to the same requirements
  197  as in s. 39.503. If the perpetrator of domestic violence is not
  198  the parent, guardian, or legal custodian of any child in the
  199  home and if the department does not intend to file a shelter
  200  petition or dependency petition that will assert allegations
  201  against the perpetrator as a parent of a child in the home, the
  202  child protective investigator shall seek issuance of an
  203  injunction authorized by s. 39.504 to implement a safety plan
  204  for the perpetrator and impose any other conditions to protect
  205  the child. The safety plan for the parent who is a victim of
  206  domestic violence may not be shared with the perpetrator. If any
  207  party to a safety plan fails to comply with the safety plan
  208  resulting in the child being unsafe, the department shall file a
  209  shelter petition.
  210         b. The child protective investigator shall collaborate with
  211  the community-based care lead agency in the development of the
  212  safety plan as necessary to ensure that the safety plan is
  213  specific, sufficient, feasible, and sustainable. The child
  214  protective investigator shall identify services necessary for
  215  the successful implementation of the safety plan. The child
  216  protective investigator and the community-based care lead agency
  217  shall mobilize service resources to assist all parties in
  218  complying with the safety plan. The community-based care lead
  219  agency shall prioritize safety plan services to families who
  220  have multiple risk factors, including, but not limited to, two
  221  or more of the following:
  222         (I) The parent or legal custodian is of young age;
  223         (II) The parent or legal custodian, or an adult currently
  224  living in or frequently visiting the home, has a history of
  225  substance abuse, mental illness, or domestic violence;
  226         (III) The parent or legal custodian, or an adult currently
  227  living in or frequently visiting the home, has been previously
  228  found to have physically or sexually abused a child;
  229         (IV) The parent or legal custodian or an adult currently
  230  living in or frequently visiting the home has been the subject
  231  of multiple allegations by reputable reports of abuse or
  232  neglect;
  233         (V) The child is physically or developmentally disabled; or
  234         (VI) The child is 3 years of age or younger.
  235         c. The child protective investigator shall monitor the
  236  implementation of the plan to ensure the child’s safety until
  237  the case is transferred to the lead agency at which time the
  238  lead agency shall monitor the implementation.
  239         d. The department may file a petition for shelter or
  240  dependency without a new child protective investigation or the
  241  concurrence of the child protective investigator if the child is
  242  unsafe but for the use of a safety plan and the parent or
  243  caregiver has not sufficiently increased protective capacities
  244  within 90 days after the transfer of the safety plan to the lead
  245  agency.
  246         Section 5. Subsection (1) of section 39.522, Florida
  247  Statutes, is amended, and subsection (4) is added to that
  248  section, to read:
  249         39.522 Postdisposition change of custody.—The court may
  250  change the temporary legal custody or the conditions of
  251  protective supervision at a postdisposition hearing, without the
  252  necessity of another adjudicatory hearing.
  253         (1)(a) At any time before a child is residing in the
  254  permanent placement approved at the permanency hearing, a child
  255  who has been placed in the child’s own home under the protective
  256  supervision of an authorized agent of the department, in the
  257  home of a relative, in the home of a legal custodian, or in some
  258  other place may be brought before the court by the department or
  259  by any other interested person, upon the filing of a motion
  260  alleging a need for a change in the conditions of protective
  261  supervision or the placement. If the parents or other legal
  262  custodians deny the need for a change, the court shall hear all
  263  parties in person or by counsel, or both. Upon the admission of
  264  a need for a change or after such hearing, the court shall enter
  265  an order changing the placement, modifying the conditions of
  266  protective supervision, or continuing the conditions of
  267  protective supervision as ordered. The standard for changing
  268  custody of the child shall be the best interests interest of the
  269  child. When determining whether a change of legal custody or
  270  placement is in applying this standard, the court shall consider
  271  the continuity of the child’s placement in the same out-of-home
  272  residence as a factor when determining the best interests of the
  273  child, the court shall consider:
  274         1. The child’s age.
  275         2. The physical, mental, and emotional health benefits to
  276  the child by remaining in his or her current placement or moving
  277  to the proposed placement.
  278         3. The stability and longevity of the child’s current
  279  placement.
  280         4. The established bonded relationship between the child
  281  and the current or proposed caregiver.
  282         5. The reasonable preference of the child, if the court has
  283  found that the child is of sufficient intelligence,
  284  understanding, and experience to express a preference.
  285         6. The recommendation of the child’s current caregiver.
  286         7. The recommendation of the child’s guardian ad litem, if
  287  one has been appointed.
  288         8. The child’s previous and current relationship with a
  289  sibling, if the change of legal custody or placement will
  290  separate or reunite siblings.
  291         9.The impact on visitation with siblings, parents, kin,
  292  and any other person important to the child.
  293         10. The likelihood of the child attaining permanency in the
  294  current or proposed placement.
  295         11.The likelihood the child will have to change schools or
  296  day care placement, he impact of such change on the child, and
  297  the parties’ recommendations as to the timing on the change.
  298         12.The disruption in medical, mental, dental, or health
  299  care or other treatment that will be caused by the move.
  300         13.The impact on activities that are important to the
  301  child.
  302         14.The likelihood the move will impact on the child’s
  303  future access to education, Medicaid, and independent living
  304  benefits.
  305         15. Any other relevant factors.
  306         (b) If the child is not placed in foster care, then the new
  307  placement for the child must meet the home study criteria and
  308  court approval under pursuant to this chapter.
  309         (4)(a) The court or any party to the case may file a
  310  petition to place a child in out-of-home care after the child
  311  was placed in the child’s own home with an in-home safety plan
  312  or the child was reunified with a parent or caregiver with an
  313  in-home safety plan if:
  314         1. The child has again been abused, neglected, or abandoned
  315  by the parent or caregiver, or is suffering from or is in
  316  imminent danger of illness or injury as a result of abuse,
  317  neglect, or abandonment that has reoccurred; or
  318         2. The parent or caregiver has materially violated a
  319  condition of placement imposed by the court, including, but not
  320  limited to, not complying with the in-home safety plan or case
  321  plan.
  322         (b) If a child meets the criteria in paragraph (a) to be
  323  removed and placed in out-of-home care, the court must consider,
  324  at a minimum, the following in making its determination to
  325  remove the child and place the child in out-of-home care:
  326         1. The circumstances that caused the child’s dependency and
  327  other subsequently identified issues.
  328         2. The length of time the child has been placed in the home
  329  with an in-home safety plan.
  330         3. The parent’s or caregiver’s current level of protective
  331  capacities.
  332         4. The level of increase, if any, in the parent’s or
  333  caregiver’s protective capacities since the child’s placement in
  334  the home based on the length of time the child has been placed
  335  in the home.
  336         5.The compliance of all parties with any case plan, safety
  337  plan or court order.
  338         6.The preference of the child.
  339         7.The likely placement for the child.
  340         8.Whether the child will have to change schools or day
  341  care placement. The impact of such change on the child.
  342         9.The disruption in medical, mental, dental, health care
  343  or other treatment that will be caused by the removal.
  344         10.The impact on visitation with siblings, kin and any
  345  other person important to the child.
  346         11.The impact on activities that are important to the
  347  child.
  348         (c) The court shall evaluate the child’s permanency goal
  349  and change the permanency goal as needed if doing so would be in
  350  the best interests of the child.
  351         Section 6. Subsection (5) of section 39.6011, Florida
  352  Statutes, is amended to read:
  353         39.6011 Case plan development.—
  354         (5) The case plan must describe all of the following:
  355         (a) The role of the foster parents or caregivers legal
  356  custodians when developing the services that are to be provided
  357  to the child, foster parents, or caregivers. legal custodians;
  358         (b) The responsibilities of the parents, caregivers and
  359  caseworkers to work together when safe to do so, including:
  360         1.How parents and caregivers will work together to
  361  successfully to implement the case plan.
  362         2.How the case manager will assist the parents and
  363  caregivers in developing a productive relationship that includes
  364  meaningful communication and mutual support.
  365         3.How the parents or caregivers are to notify the court or
  366  the case manager if ineffective communication takes place that
  367  negatively impacts the child.
  368         (c)(b) The responsibility of the case manager to forward a
  369  relative’s request to receive notification of all proceedings
  370  and hearings submitted under pursuant to s. 39.301(14)(b) to the
  371  attorney for the department.;
  372         (d)(c) The minimum number of face-to-face meetings to be
  373  held each month between the parents and the case worker
  374  department’s family services counselors to review the progress
  375  of the plan and services to the child, to eliminate barriers to
  376  progress, and to resolve conflicts or disagreements between
  377  parents and caregivers, service providers, or any other
  378  professional assisting the parents in the completion of the case
  379  plan.; and
  380         (e)(d) The parent’s responsibility for financial support of
  381  the child, including, but not limited to, health insurance and
  382  child support. The case plan must list the costs associated with
  383  any services or treatment that the parent and child are expected
  384  to receive which are the financial responsibility of the parent.
  385  The determination of child support and other financial support
  386  shall be made independently of any determination of indigency
  387  under s. 39.013.
  388         Section 7. Paragraph (b) of subsection (1) and paragraphs
  389  (a) and (c) of subsection (2) of section 39.701, Florida
  390  Statutes, are amended to read:
  391         39.701 Judicial review.—
  392         (1) GENERAL PROVISIONS.—
  393         (b)1. The court shall retain jurisdiction over a child
  394  returned to his or her parents for a minimum period of 6 months
  395  following the reunification, but, at that time, based on a
  396  report of the social service agency and the guardian ad litem,
  397  if one has been appointed, and any other relevant factors, the
  398  court shall make a determination as to whether supervision by
  399  the department and the court’s jurisdiction shall continue or be
  400  terminated.
  401         2. Notwithstanding subparagraph 1., the court must retain
  402  jurisdiction over a child if the child is placed in the home
  403  with a parent or caregiver with an in-home safety plan and such
  404  safety plan remains necessary for the child to reside safely in
  405  the home.
  406         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  407  AGE.—
  408         (a) Social study report for judicial review.—Before every
  409  judicial review hearing or citizen review panel hearing, the
  410  social service agency shall make an investigation and social
  411  study concerning all pertinent details relating to the child and
  412  shall furnish to the court or citizen review panel a written
  413  report that includes, but is not limited to:
  414         1. A description of the type of placement the child is in
  415  at the time of the hearing, including the safety of the child
  416  and the continuing necessity for and appropriateness of the
  417  placement.
  418         2. Documentation of the diligent efforts made by all
  419  parties to the case plan to comply with each applicable
  420  provision of the plan.
  421         3. The amount of fees assessed and collected during the
  422  period of time being reported.
  423         4. The services provided to the foster family or caregiver
  424  legal custodian in an effort to address the needs of the child
  425  as indicated in the case plan.
  426         5. A statement that either:
  427         a. The parent, though able to do so, did not comply
  428  substantially with the case plan, and the agency
  429  recommendations;
  430         b. The parent did substantially comply with the case plan;
  431  or
  432         c. The parent has partially complied with the case plan,
  433  with a summary of additional progress needed and the agency
  434  recommendations.
  435         6. A statement from the foster parent or caregiver legal
  436  custodian providing any material evidence concerning the well
  437  being of the child, the impact of any services provided to the
  438  child, the working relationship between the parents and
  439  caregivers, and the return of the child to the parent or
  440  parents.
  441         7. A statement concerning the frequency, duration, and
  442  results of the parent-child visitation, if any, and the agency
  443  and caregiver recommendations for an expansion or restriction of
  444  future visitation.
  445         8. The number of times a child has been removed from his or
  446  her home and placed elsewhere, the number and types of
  447  placements that have occurred, and the reason for the changes in
  448  placement.
  449         9. The number of times a child’s educational placement has
  450  been changed, the number and types of educational placements
  451  which have occurred, and the reason for any change in placement.
  452         10. If the child has reached 13 years of age but is not yet
  453  18 years of age, a statement from the caregiver on the progress
  454  the child has made in acquiring independent living skills.
  455         11. Copies of all medical, psychological, and educational
  456  records that support the terms of the case plan and that have
  457  been produced concerning the parents or any caregiver since the
  458  last judicial review hearing.
  459         12. Copies of the child’s current health, mental health,
  460  and education records as identified in s. 39.6012.
  461         (c) Review determinations.—The court and any citizen review
  462  panel shall take into consideration the information contained in
  463  the social services study and investigation and all medical,
  464  psychological, and educational records that support the terms of
  465  the case plan; testimony by the social services agency, the
  466  parent, the foster parent or caregiver legal custodian, the
  467  guardian ad litem or surrogate parent for educational
  468  decisionmaking if one has been appointed for the child, and any
  469  other person deemed appropriate; and any relevant and material
  470  evidence submitted to the court, including written and oral
  471  reports to the extent of their probative value. These reports
  472  and evidence may be received by the court in its effort to
  473  determine the action to be taken with regard to the child and
  474  may be relied upon to the extent of their probative value, even
  475  though not competent in an adjudicatory hearing. In its
  476  deliberations, the court and any citizen review panel shall seek
  477  to determine:
  478         1. If the parent was advised of the right to receive
  479  assistance from any person or social service agency in the
  480  preparation of the case plan.
  481         2. If the parent has been advised of the right to have
  482  counsel present at the judicial review or citizen review
  483  hearings. If not so advised, the court or citizen review panel
  484  shall advise the parent of such right.
  485         3. If a guardian ad litem needs to be appointed for the
  486  child in a case in which a guardian ad litem has not previously
  487  been appointed or if there is a need to continue a guardian ad
  488  litem in a case in which a guardian ad litem has been appointed.
  489         4. Who holds the rights to make educational decisions for
  490  the child. If appropriate, the court may refer the child to the
  491  district school superintendent for appointment of a surrogate
  492  parent or may itself appoint a surrogate parent under the
  493  Individuals with Disabilities Education Act and s. 39.0016.
  494         5. The compliance or lack of compliance of all parties with
  495  applicable items of the case plan, including the parents’
  496  compliance with child support orders.
  497         6. The compliance or lack of compliance with a visitation
  498  contract between the parent and the social service agency for
  499  contact with the child, including the frequency, duration, and
  500  results of the parent-child visitation and the reason for any
  501  noncompliance.
  502         7. The frequency, kind, and duration of contacts among
  503  siblings who have been separated during placement, as well as
  504  any efforts undertaken to reunite separated siblings if doing so
  505  is in the best interests interest of the child.
  506         8. The compliance or lack of compliance of the parent in
  507  meeting specified financial obligations pertaining to the care
  508  of the child, including the reason for failure to comply, if
  509  applicable.
  510         9. Whether the child is receiving safe and proper care
  511  according to s. 39.6012, including, but not limited to, the
  512  appropriateness of the child’s current placement, including
  513  whether the child is in a setting that is as family-like and as
  514  close to the parent’s home as possible, consistent with the
  515  child’s best interests and special needs, and including
  516  maintaining stability in the child’s educational placement, as
  517  documented by assurances from the community-based care lead
  518  agency provider that:
  519         a. The placement of the child takes into account the
  520  appropriateness of the current educational setting and the
  521  proximity to the school in which the child is enrolled at the
  522  time of placement.
  523         b. The community-based care lead agency has coordinated
  524  with appropriate local educational agencies to ensure that the
  525  child remains in the school in which the child is enrolled at
  526  the time of placement.
  527         10. A projected date likely for the child’s return home or
  528  other permanent placement.
  529         11. When appropriate, the basis for the unwillingness or
  530  inability of the parent to become a party to a case plan. The
  531  court and the citizen review panel shall determine if the
  532  efforts of the social service agency to secure party
  533  participation in a case plan were sufficient.
  534         12. For a child who has reached 13 years of age but is not
  535  yet 18 years of age, the adequacy of the child’s preparation for
  536  adulthood and independent living. For a child who is 15 years of
  537  age or older, the court shall determine if appropriate steps are
  538  being taken for the child to obtain a driver license or
  539  learner’s driver license.
  540         13. If amendments to the case plan are required. Amendments
  541  to the case plan must be made under s. 39.6013.
  542         14. If the parents and caregivers have developed a
  543  productive relationship that includes meaningful communication
  544  and mutual support.
  545         Section 8. Subsection (3) of section 63.092, Florida
  546  Statutes, is amended to read:
  547         63.092 Report to the court of intended placement by an
  548  adoption entity; at-risk placement; preliminary study.—
  549         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
  550  intended adoptive home, a preliminary home study must be
  551  performed by a licensed child-placing agency, a child-caring
  552  agency registered under s. 409.176, a licensed professional, or
  553  an agency described in s. 61.20(2), unless the adoptee is an
  554  adult or the petitioner is a stepparent or a relative. If the
  555  adoptee is an adult or the petitioner is a stepparent or a
  556  relative, a preliminary home study may be required by the court
  557  for good cause shown. The department is required to perform the
  558  preliminary home study only if there is no licensed child
  559  placing agency, child-caring agency registered under s. 409.176,
  560  licensed professional, or agency described in s. 61.20(2), in
  561  the county where the prospective adoptive parents reside. The
  562  preliminary home study must be made to determine the suitability
  563  of the intended adoptive parents and may be completed prior to
  564  identification of a prospective adoptive minor. Preliminary home
  565  studies initiated for identified prospective adoptive minors
  566  that are in the custody of the department must be completed
  567  within 30 days of initiation. A favorable preliminary home study
  568  is valid for 1 year after the date of its completion. Upon its
  569  completion, a signed copy of the home study must be provided to
  570  the intended adoptive parents who were the subject of the home
  571  study. A minor may not be placed in an intended adoptive home
  572  before a favorable preliminary home study is completed unless
  573  the adoptive home is also a licensed foster home under s.
  574  409.175. The preliminary home study must include, at a minimum:
  575         (a) An interview with the intended adoptive parents;
  576         (b) Records checks of the department’s central abuse
  577  registry, which the department shall provide to the entity
  578  conducting the preliminary home study, and criminal records
  579  correspondence checks under s. 39.0138 through the Department of
  580  Law Enforcement on the intended adoptive parents;
  581         (c) An assessment of the physical environment of the home;
  582         (d) A determination of the financial security of the
  583  intended adoptive parents;
  584         (e) Documentation of counseling and education of the
  585  intended adoptive parents on adoptive parenting, as determined
  586  by the entity conducting the preliminary home study. The
  587  training specified in s. 409.175(14) shall only be required for
  588  persons who adopt children from the department;
  589         (f) Documentation that information on adoption and the
  590  adoption process has been provided to the intended adoptive
  591  parents;
  592         (g) Documentation that information on support services
  593  available in the community has been provided to the intended
  594  adoptive parents; and
  595         (h) A copy of each signed acknowledgment of receipt of
  596  disclosure required by s. 63.085.
  597  
  598  If the preliminary home study is favorable, a minor may be
  599  placed in the home pending entry of the judgment of adoption. A
  600  minor may not be placed in the home if the preliminary home
  601  study is unfavorable. If the preliminary home study is
  602  unfavorable, the adoption entity may, within 20 days after
  603  receipt of a copy of the written recommendation, petition the
  604  court to determine the suitability of the intended adoptive
  605  home. A determination as to suitability under this subsection
  606  does not act as a presumption of suitability at the final
  607  hearing. In determining the suitability of the intended adoptive
  608  home, the court must consider the totality of the circumstances
  609  in the home. A minor may not be placed in a home in which there
  610  resides any person determined by the court to be a sexual
  611  predator as defined in s. 775.21 or to have been convicted of an
  612  offense listed in s. 63.089(4)(b)2.
  613         Section 9. Section 63.093, Florida Statutes, is created to
  614  read:
  615         63.093 Adoption of a child from the child welfare system.
  616  The adoption of a child from Florida’s foster care system is a
  617  process that typically includes an orientation session, an in
  618  depth training program to help prospective parents determine if
  619  adoption is right for the family, a home study, and a background
  620  check. Once the process has been completed, prospective parents
  621  are ready to be matched with a child available for adoption.
  622         (1) The prospective adoptive parents’ initial inquiry to
  623  the department or to the community-based care lead agency or
  624  subcontractor staff, whether written or verbal, must receive a
  625  written response or a telephone call from the department or
  626  agency or subcontractor staff, as applicable, within 7 business
  627  days after receipt of the inquiry. Prospective adoptive parents
  628  who indicate an interest in adopting children in the custody of
  629  the department must be referred by the department or agency or
  630  subcontractor staff to a department-approved adoptive parent
  631  training program as prescribed in rule.
  632         (2) An application to adopt must be made on the “Adoptive
  633  Home Application” published by the department.
  634         (3) An adoptive home study that includes observation,
  635  screening, and evaluation of the child and adoptive applicants
  636  must be completed by a staff person with the community-based
  637  care lead agency, the subcontractor agency, or another licensed
  638  child-placing agency prior to the adoptive placement of the
  639  child. The purpose of this evaluation is to select families who
  640  will be able to meet the physical, emotional, social,
  641  educational, and financial needs of a child, while safeguarding
  642  the child from further loss and separation from siblings and
  643  significant adults. The adoptive home study is valid for 12
  644  months from the approval date.
  645         (4) In addition to other required documentation, an
  646  adoptive parent application file must include the adoptive home
  647  study and verification that all background screening
  648  requirements have been met.
  649         (5) The department-approved adoptive parent training must
  650  be provided to and successfully completed by all prospective
  651  adoptive parents except licensed foster parents and relative and
  652  nonrelative caregivers who previously attended the training
  653  within the last 5 years, as prescribed in rule, or have the
  654  child currently placed in their home for 6 months or longer, and
  655  been determined to understand the challenges and parenting
  656  skills needed to successfully parent the children available for
  657  adoption from foster care.
  658         (6) At the conclusion of the preparation and study process,
  659  the counselor and supervisor shall make a decision about the
  660  family’s appropriateness to adopt. The decision to approve or
  661  not to approve will be reflected in the final recommendation
  662  included in the home study. If the recommendation is for
  663  approval, the adoptive parent application file must be submitted
  664  to the community-based lead agency or subcontractor agency for
  665  approval, which must be made within 14 business days.
  666  
  667  With the exception of subsection (1), the provisions of this
  668  section do not apply to children adopted through the process
  669  provided for in s. 63.082(6). The intent of the language is to
  670  not include private adoptions and interventions.
  671         Section 10. Section 409.1415, Florida Statutes, is created
  672  to read:
  673         409.1415 Parenting partnerships for children in out-of-home
  674  care.—
  675         (1)LEGISLATIVE FINDINGS AND INTENT.—
  676         (a)The Legislature finds that reunification is the most
  677  common outcome for children in out-of-home care and that
  678  caregivers are one of the most important resources to help
  679  children reunify with their families.
  680         (b)The Legislature further finds that the most successful
  681  caregivers understand that their role goes beyond supporting the
  682  children in their care to supporting the children’s families, as
  683  a whole, and that children and their families benefit when
  684  caregivers and birth parents are supported by an agency culture
  685  that encourages a meaningful partnership between them and
  686  provides quality support.
  687         (c)Therefore, in keeping with national trends, it is the
  688  intent of the Legislature to bring birth parents and caregivers
  689  together in order to build strong relationships that lead to
  690  more successful reunifications and more stability for children
  691  being fostered in out-of-home care.
  692         (2)PARENTING PARTNERSHIPS.—
  693         (a)General provisions.—In order to ensure that children in
  694  out-of-home care achieve legal permanency as soon as possible,
  695  to reduce the likelihood that they will re-enter care or that
  696  other children in the family are abused or neglected or enter
  697  out-of-home care, and to ensure that families are fully prepared
  698  to resume custody of their children, the department and
  699  community-based care lead agencies shall develop and support
  700  relationships between caregivers and the legal parents of
  701  children in out-of-home care to the extent that it is safe and
  702  in the child’s best interest, by:
  703         1. Facilitating telephone communication between the
  704  caregiver and the birth or legal parent as soon as possible
  705  after the child is placed in the home.
  706         2. Facilitating and attending an in-person meeting between
  707  the caregiver and the birth or legal parent as soon as possible
  708  after placement.
  709         3. Developing and supporting a plan for birth or legal
  710  parents to participate in medical appointments, educational and
  711  extracurricular activities, and other events involving the
  712  child.
  713         4.Facilitating participation by the caregiver in
  714  visitation between the birth parent and the child.
  715         5.Involving the caregiver in planning meetings with the
  716  birth parent.
  717         6.Developing and implementing effective transition plans
  718  for the child’s return home or placement in any other living
  719  environment.
  720         7.Supporting continued contact between the caregiver and
  721  the child after the child returns home or moves to another
  722  permanent living arrangement.
  723         (b)Responsibilities.—To ensure that a child in out-of-home
  724  care receives support for healthy development which gives him or
  725  her the best possible opportunity for success, caregivers, birth
  726  parents, the department, community-based care lead agency staff,
  727  and other agency staff, as applicable, shall work cooperatively
  728  in a respectful partnership by adhering to the following
  729  requirements:
  730         1. All members of the partnership must interact and
  731  communicate professionally with one another, must share all
  732  relevant information promptly, and must respect the
  733  confidentiality of all information related to a child and his or
  734  her family.
  735         2.Caregivers, the family, the child if appropriate, the
  736  department, community-based care lead agency staff, and other
  737  agency staff must participate in developing a case plan for the
  738  child and family, and all members of the team must work together
  739  to implement the plan. Caregivers must participate in all team
  740  meetings or court hearings related to the child’s care and
  741  future plans. The department, community-based care lead agency
  742  staff, and other agency staff must support and facilitate
  743  caregiver participation through timely notification of such
  744  meetings and hearings and an inclusive process, and by providing
  745  alternative methods for participation for caregivers who cannot
  746  be physically present at a meeting or hearing.
  747         3.Excellent parenting is a reasonable expectation of
  748  caregivers. Caregivers must provide, and the department,
  749  community-based care lead agency staff, and other agency staff
  750  must support, excellent parenting. As used in this subparagraph,
  751  the term “excellent parenting” means a loving commitment to the
  752  child and the child’s safety and well-being; appropriate
  753  supervision and positive methods of discipline; encouragement of
  754  the child’s strengths; respect for the child’s individuality and
  755  likes and dislikes; providing opportunities for the child to
  756  develop interests and skills; being aware of the impact of
  757  trauma on behavior; facilitating equal participation of the
  758  child in family life; involving the child within his or her
  759  community; and a commitment to enable the child to lead a normal
  760  life.
  761         4.Children in out-of-home care may be placed only with a
  762  caregiver who has the ability to care for the child; is willing
  763  to accept responsibility for providing care; and is willing and
  764  able to learn about and be respectful of the child’s culture,
  765  religion, and ethnicity, his or her special physical or
  766  psychological needs, any circumstances unique to the child, and
  767  family relationships. The department, the community-based care
  768  lead agency, and other agencies must provide a caregiver with
  769  all available information necessary to assist the caregiver in
  770  determining whether he or she is able to appropriately care for
  771  a particular child.
  772         5.A caregiver must have access to and take advantage of
  773  all training that he or she needs to improve his or her skills
  774  in parenting a child who has experienced trauma due to neglect,
  775  abuse, or separation from home; to meet the child’s special
  776  needs; and to work effectively with child welfare agencies, the
  777  courts, the schools, and other community and governmental
  778  agencies.
  779         6.The department, community-based care lead agency staff,
  780  and other agency staff must provide caregivers with the services
  781  and support they need to enable them to provide quality care for
  782  the child.
  783         7.Once a caregiver accepts the responsibility of caring
  784  for a child, the child may be removed from that caregiver only
  785  if the caregiver is clearly unable to care for him or her safely
  786  or legally, when the child and his or her biological family are
  787  reunified, when the child is being placed in a legally permanent
  788  home in accordance with a case plan or court order, or when the
  789  removal is demonstrably in the best interests of the child.
  790         8.If a child must leave the caregiver’s home for one of
  791  the reasons stated in subparagraph 7., and in the absence of an
  792  unforeseeable emergency, the transition must be accomplished
  793  according to a plan that involves cooperation and sharing of
  794  information among all persons involved, respects the child’s
  795  developmental stage and psychological needs, ensures the child
  796  has all of his or her belongings, allows for a gradual
  797  transition from the caregiver’s home, and, if possible, allows
  798  for continued contact with the caregiver after the child leaves.
  799         9.When the plan for a child includes reunification,
  800  caregivers and agency staff must work together to assist the
  801  biological parents in improving their ability to care for and
  802  protect their children and to provide continuity for the child.
  803         10.A caregiver must respect and support the child’s ties
  804  to his or her biological family, including parents, siblings,
  805  and extended family members, and must assist the child in
  806  visitation and other forms of communication. The department,
  807  community-based care lead agency staff, and other agency staff
  808  must provide caregivers with the information, guidance,
  809  training, and support necessary for fulfilling this
  810  responsibility.
  811         11.A caregiver must work in partnership with the
  812  department, community-based care lead agency staff, and other
  813  agency staff to obtain and maintain records that are important
  814  to the child’s well-being including, but not limited to, child
  815  resource records, medical records, school records, photographs,
  816  and records of special events and achievements.
  817         12.A caregiver must effectively advocate for a child in
  818  his or her care with the child welfare system, the court, and
  819  community agencies, including schools, child care providers,
  820  health and mental health providers, and employers. The
  821  department, community-based care lead agency staff, and other
  822  agency staff must support a caregiver in effectively advocating
  823  for a child and may not retaliate against the caregiver as a
  824  result of this advocacy.
  825         13.A caregiver must be as fully involved in the child’s
  826  medical, psychological, and dental care as he or she would be
  827  for his or her biological child. Agency staff must support and
  828  facilitate such participation. Caregivers, the department,
  829  community-based care lead agency staff, and other agency staff
  830  must share information with each other about the child’s health
  831  and well-being.
  832         14.A caregiver must support a child’s school success,
  833  including, when possible, maintaining school stability by
  834  participating in school activities and meetings, including
  835  individual education plan meetings; assisting with school
  836  assignments; supporting tutoring programs; meeting with teachers
  837  and working with an educational surrogate, if one has been
  838  appointed; and encouraging the child’s participation in
  839  extracurricular activities. Agency staff must facilitate this
  840  participation and must be kept informed of the child’s progress
  841  and needs.
  842         15.Caregivers must ensure that the child in the
  843  caregiver’s care who is between 13 and 17 years of age learns
  844  and masters independent living skills and is aware of the
  845  requirements and benefits of the Road-to-Independence Program.
  846         16.Caseworkers and caseworker supervisors must mediate
  847  disagreements that occur between caregivers and birth parents.
  848         (c)Residential group homes.—All employees, including
  849  persons who do not work directly with children, of a residential
  850  group home must meet the background screening requirements under
  851  s. 39.0138 and the level 2 standards for screening under chapter
  852  435. All employees in residential group homes working directly
  853  with children as caregivers must meet, at a minimum, the same
  854  education and, training, and background and other screening
  855  requirements as level 2 licensed foster parents.
  856         (3)RULEMAKING.—The department shall adopt by rule
  857  procedures to administer this section.
  858         Section 11. Section 409.145, Florida Statutes, is amended
  859  to read:
  860         409.145 Care of children; quality parenting; “reasonable
  861  and prudent parent” standard.—The child welfare system of the
  862  department shall operate as a coordinated community-based system
  863  of care which empowers all caregivers for children in foster
  864  care to provide quality parenting, including approving or
  865  disapproving a child’s participation in activities based on the
  866  caregiver’s assessment using the “reasonable and prudent parent”
  867  standard.
  868         (1) SYSTEM OF CARE.—The department shall develop,
  869  implement, and administer a coordinated community-based system
  870  of care for children who are found to be dependent and their
  871  families. This system of care must be directed toward the
  872  following goals:
  873         (a) Prevention of separation of children from their
  874  families.
  875         (b) Intervention to allow children to remain safely in
  876  their own homes.
  877         (c) Reunification of families who have had children removed
  878  from their care.
  879         (d) Safety for children who are separated from their
  880  families by providing alternative emergency or longer-term
  881  parenting arrangements.
  882         (e) Focus on the well-being of children through emphasis on
  883  maintaining educational stability and providing timely health
  884  care.
  885         (f) Permanency for children for whom reunification with
  886  their families is not possible or is not in the best interest of
  887  the child.
  888         (g) The transition to independence and self-sufficiency for
  889  older children who remain in foster care through adolescence.
  890         (2) QUALITY PARENTING.—A child in foster care shall be
  891  placed only with a caregiver who has the ability to care for the
  892  child, is willing to accept responsibility for providing care,
  893  and is willing and able to learn about and be respectful of the
  894  child’s culture, religion and ethnicity, special physical or
  895  psychological needs, any circumstances unique to the child, and
  896  family relationships. The department, the community-based care
  897  lead agency, and other agencies shall provide such caregiver
  898  with all available information necessary to assist the caregiver
  899  in determining whether he or she is able to appropriately care
  900  for a particular child.
  901         (a) Roles and responsibilities of caregivers.—A caregiver
  902  shall:
  903         1. Participate in developing the case plan for the child
  904  and his or her family and work with others involved in his or
  905  her care to implement this plan. This participation includes the
  906  caregiver’s involvement in all team meetings or court hearings
  907  related to the child’s care.
  908         2. Complete all training needed to improve skills in
  909  parenting a child who has experienced trauma due to neglect,
  910  abuse, or separation from home, to meet the child’s special
  911  needs, and to work effectively with child welfare agencies, the
  912  court, the schools, and other community and governmental
  913  agencies.
  914         3. Respect and support the child’s ties to members of his
  915  or her biological family and assist the child in maintaining
  916  allowable visitation and other forms of communication.
  917         4. Effectively advocate for the child in the caregiver’s
  918  care with the child welfare system, the court, and community
  919  agencies, including the school, child care, health and mental
  920  health providers, and employers.
  921         5. Participate fully in the child’s medical, psychological,
  922  and dental care as the caregiver would for his or her biological
  923  child.
  924         6. Support the child’s educational success by participating
  925  in activities and meetings associated with the child’s school or
  926  other educational setting, including Individual Education Plan
  927  meetings and meetings with an educational surrogate if one has
  928  been appointed, assisting with assignments, supporting tutoring
  929  programs, and encouraging the child’s participation in
  930  extracurricular activities.
  931         a. Maintaining educational stability for a child while in
  932  out-of-home care by allowing the child to remain in the school
  933  or educational setting that he or she attended before entry into
  934  out-of-home care is the first priority, unless not in the best
  935  interest of the child.
  936         b. If it is not in the best interest of the child to remain
  937  in his or her school or educational setting upon entry into out
  938  of-home care, the caregiver must work with the case manager,
  939  guardian ad litem, teachers and guidance counselors, and
  940  educational surrogate if one has been appointed to determine the
  941  best educational setting for the child. Such setting may include
  942  a public school that is not the school of origin, a private
  943  school pursuant to s. 1002.42, a virtual instruction program
  944  pursuant to s. 1002.45, or a home education program pursuant to
  945  s. 1002.41.
  946         7. Work in partnership with other stakeholders to obtain
  947  and maintain records that are important to the child’s well
  948  being, including child resource records, medical records, school
  949  records, photographs, and records of special events and
  950  achievements.
  951         8. Ensure that the child in the caregiver’s care who is
  952  between 13 and 17 years of age learns and masters independent
  953  living skills.
  954         9. Ensure that the child in the caregiver’s care is aware
  955  of the requirements and benefits of the Road-to-Independence
  956  Program.
  957         10. Work to enable the child in the caregiver’s care to
  958  establish and maintain naturally occurring mentoring
  959  relationships.
  960         (b) Roles and responsibilities of the department, the
  961  community-based care lead agency, and other agency staff.—The
  962  department, the community-based care lead agency, and other
  963  agency staff shall:
  964         1. Include a caregiver in the development and
  965  implementation of the case plan for the child and his or her
  966  family. The caregiver shall be authorized to participate in all
  967  team meetings or court hearings related to the child’s care and
  968  future plans. The caregiver’s participation shall be facilitated
  969  through timely notification, an inclusive process, and
  970  alternative methods for participation for a caregiver who cannot
  971  be physically present.
  972         2. Develop and make available to the caregiver the
  973  information, services, training, and support that the caregiver
  974  needs to improve his or her skills in parenting children who
  975  have experienced trauma due to neglect, abuse, or separation
  976  from home, to meet these children’s special needs, and to
  977  advocate effectively with child welfare agencies, the courts,
  978  schools, and other community and governmental agencies.
  979         3. Provide the caregiver with all information related to
  980  services and other benefits that are available to the child.
  981         4. Show no prejudice against a caregiver who desires to
  982  educate at home a child placed in his or her home through the
  983  child welfare system.
  984         (c) Transitions.
  985         1. Once a caregiver accepts the responsibility of caring
  986  for a child, the child will be removed from the home of that
  987  caregiver only if:
  988         a. The caregiver is clearly unable to safely or legally
  989  care for the child;
  990         b. The child and his or her biological family are
  991  reunified;
  992         c. The child is being placed in a legally permanent home
  993  pursuant to the case plan or a court order; or
  994         d. The removal is demonstrably in the child’s best
  995  interest.
  996         2. In the absence of an emergency, if a child leaves the
  997  caregiver’s home for a reason provided under subparagraph 1.,
  998  the transition must be accomplished according to a plan that
  999  involves cooperation and sharing of information among all
 1000  persons involved, respects the child’s developmental stage and
 1001  psychological needs, ensures the child has all of his or her
 1002  belongings, allows for a gradual transition from the caregiver’s
 1003  home and, if possible, for continued contact with the caregiver
 1004  after the child leaves.
 1005         (d) Information sharing.—Whenever a foster home or
 1006  residential group home assumes responsibility for the care of a
 1007  child, the department and any additional providers shall make
 1008  available to the caregiver as soon as is practicable all
 1009  relevant information concerning the child. Records and
 1010  information that are required to be shared with caregivers
 1011  include, but are not limited to:
 1012         1. Medical, dental, psychological, psychiatric, and
 1013  behavioral history, as well as ongoing evaluation or treatment
 1014  needs;
 1015         2. School records;
 1016         3. Copies of his or her birth certificate and, if
 1017  appropriate, immigration status documents;
 1018         4. Consents signed by parents;
 1019         5. Comprehensive behavioral assessments and other social
 1020  assessments;
 1021         6. Court orders;
 1022         7. Visitation and case plans;
 1023         8. Guardian ad litem reports;
 1024         9. Staffing forms; and
 1025         10. Judicial or citizen review panel reports and
 1026  attachments filed with the court, except confidential medical,
 1027  psychiatric, and psychological information regarding any party
 1028  or participant other than the child.
 1029         (e) Caregivers employed by residential group homes.—All
 1030  caregivers in residential group homes shall meet the same
 1031  education, training, and background and other screening
 1032  requirements as foster parents.
 1033         (2)(3) REASONABLE AND PRUDENT PARENT STANDARD.—
 1034         (a) Definitions.—As used in this subsection, the term:
 1035         1. “Age-appropriate” means an activity or item that is
 1036  generally accepted as suitable for a child of the same
 1037  chronological age or level of maturity. Age appropriateness is
 1038  based on the development of cognitive, emotional, physical, and
 1039  behavioral capacity which is typical for an age or age group.
 1040         2. “Caregiver” means a person with whom the child is placed
 1041  in out-of-home care, or a designated official for a group care
 1042  facility licensed by the department under s. 409.175.
 1043         3. “Reasonable and prudent parent” standard means the
 1044  standard of care used by a caregiver in determining whether to
 1045  allow a child in his or her care to participate in
 1046  extracurricular, enrichment, and social activities. This
 1047  standard is characterized by careful and thoughtful parental
 1048  decisionmaking that is intended to maintain a child’s health,
 1049  safety, and best interest while encouraging the child’s
 1050  emotional and developmental growth.
 1051         (b) Application of standard of care.—
 1052         1. Every child who comes into out-of-home care pursuant to
 1053  this chapter is entitled to participate in age-appropriate
 1054  extracurricular, enrichment, and social activities.
 1055         2. Each caregiver shall use the reasonable and prudent
 1056  parent standard in determining whether to give permission for a
 1057  child living in out-of-home care to participate in
 1058  extracurricular, enrichment, or social activities. When using
 1059  the reasonable and prudent parent standard, the caregiver must
 1060  consider:
 1061         a. The child’s age, maturity, and developmental level to
 1062  maintain the overall health and safety of the child.
 1063         b. The potential risk factors and the appropriateness of
 1064  the extracurricular, enrichment, or social activity.
 1065         c. The best interest of the child, based on information
 1066  known by the caregiver.
 1067         d. The importance of encouraging the child’s emotional and
 1068  developmental growth.
 1069         e. The importance of providing the child with the most
 1070  family-like living experience possible.
 1071         f. The behavioral history of the child and the child’s
 1072  ability to safely participate in the proposed activity.
 1073         (c) Verification of services delivered.—The department and
 1074  each community-based care lead agency shall verify that private
 1075  agencies providing out-of-home care services to dependent
 1076  children have policies in place which are consistent with this
 1077  section and that these agencies promote and protect the ability
 1078  of dependent children to participate in age-appropriate
 1079  extracurricular, enrichment, and social activities.
 1080         (d) Limitation of liability.—A caregiver is not liable for
 1081  harm caused to a child who participates in an activity approved
 1082  by the caregiver, provided that the caregiver has acted in
 1083  accordance with the reasonable and prudent parent standard. This
 1084  paragraph may not be interpreted as removing or limiting any
 1085  existing liability protection afforded by law.
 1086         (3)(4) FOSTER CARE ROOM AND BOARD RATES.—
 1087         (a) Effective July 1, 2018, room and board rates shall be
 1088  paid to foster parents as follows:
 1089  
 1090                       Monthly Foster Care Rate                      
 1091       0-5 YearsAge         6-12 YearsAge         13-21 YearsAge    
 1092         $457.95               $469.68               $549.74        
 1093  
 1094         (b) Each January, foster parents shall receive an annual
 1095  cost of living increase. The department shall calculate the new
 1096  room and board rate increase equal to the percentage change in
 1097  the Consumer Price Index for All Urban Consumers, U.S. City
 1098  Average, All Items, not seasonally adjusted, or successor
 1099  reports, for the preceding December compared to the prior
 1100  December as initially reported by the United States Department
 1101  of Labor, Bureau of Labor Statistics. The department shall make
 1102  available the adjusted room and board rates annually.
 1103         (c) Effective July 1, 2019, foster parents of level I
 1104  family foster homes, as defined in s. 409.175(5)(a) shall
 1105  receive a room and board rate of $333.
 1106         (d) Effective July 1, 2019, the foster care room and board
 1107  rate for level II family foster homes as defined in s.
 1108  409.175(5)(a) shall be the same as the new rate established for
 1109  family foster homes as of January 1, 2019.
 1110         (e) Effective January 1, 2020, paragraph (b) shall only
 1111  apply to level II through level V family foster homes, as
 1112  defined in s. 409.175(5)(a).
 1113         (f) The amount of the monthly foster care room and board
 1114  rate may be increased upon agreement among the department, the
 1115  community-based care lead agency, and the foster parent.
 1116         (g) From July 1, 2018, through June 30, 2019, community
 1117  based care lead agencies providing care under contract with the
 1118  department shall pay a supplemental room and board payment to
 1119  foster care parents of all family foster homes, on a per-child
 1120  basis, for providing independent life skills and normalcy
 1121  supports to children who are 13 through 17 years of age placed
 1122  in their care. The supplemental payment shall be paid monthly to
 1123  the foster care parents in addition to the current monthly room
 1124  and board rate payment. The supplemental monthly payment shall
 1125  be based on 10 percent of the monthly room and board rate for
 1126  children 13 through 21 years of age as provided under this
 1127  section and adjusted annually. Effective July 1, 2019, such
 1128  supplemental payments shall only be paid to foster parents of
 1129  level II through level V family foster homes.
 1130         (4)(5) RULEMAKING.—The department shall adopt by rule
 1131  procedures to administer this section.
 1132         Section 12. Paragraph (b) of subsection (6) of section
 1133  409.175, Florida Statutes, is amended, and paragraph (l) is
 1134  added to that subsection, to read:
 1135         409.175 Licensure of family foster homes, residential
 1136  child-caring agencies, and child-placing agencies; public
 1137  records exemption.—
 1138         (6)
 1139         (b) Upon application for licensure, the department shall
 1140  conduct a licensing study based on its licensing rules; shall
 1141  inspect the home or the agency and the records, including
 1142  financial records, of the applicant or agency; and shall
 1143  interview the applicant. The department may authorize a licensed
 1144  child-placing agency to conduct the licensing study of a family
 1145  foster home to be used exclusively by that agency and to verify
 1146  to the department that the home meets the licensing requirements
 1147  established by the department. A licensing study of a family
 1148  foster home must be completed by the department or an authorized
 1149  licensed child-placing agency within 30 days of initiation. The
 1150  department shall post on its website a list of the agencies
 1151  authorized to conduct such studies.
 1152         1. The complete application file shall be submitted in
 1153  accordance with the traditional or attestation model for
 1154  licensure as prescribed in rule. In addition to other required
 1155  documentation, a traditional licensing application file must
 1156  include a completed licensing study and verification of
 1157  background screening requirements.
 1158         2. The department regional licensing authority shall ensure
 1159  that the licensing application file is complete and that all
 1160  licensing requirements are met for the issuance of the license.
 1161  If the child-placing agency is contracted with a community-based
 1162  care lead agency, the licensing application file must contain
 1163  documentation of a review by the community-based care lead
 1164  agency and the regional licensing authority and a recommendation
 1165  for approval or denial by the community-based care lead agency
 1166  Upon certification by a licensed child-placing agency that a
 1167  family foster home meets the licensing requirements and upon
 1168  receipt of a letter from a community-based care lead agency in
 1169  the service area where the home will be licensed which indicates
 1170  that the family foster home meets the criteria established by
 1171  the lead agency, the department shall issue the license. A
 1172  letter from the lead agency is not required if the lead agency
 1173  where the proposed home is located is directly supervising
 1174  foster homes in the same service area.
 1175         3. An application file must be approved or denied within 10
 1176  business days after receipt by the regional licensing authority.
 1177  If the application file is approved, a license must be issued to
 1178  the applicant. The must shall include the name and address of
 1179  the caregiver, the name of the supervising agency, the licensed
 1180  capacity, and the dates for which the license is valid. The
 1181  department regional managing director or designee within upper
 1182  level management shall sign the license. Any limitations must be
 1183  displayed on the license.
 1184         4. The regional licensing authority shall provide a copy of
 1185  the license to the community-based care lead agency or
 1186  supervising agency. The community-based care lead agency or
 1187  supervising agency shall ensure that the license is sent to the
 1188  foster parent.
 1189         (l) The department shall approve or deny a license within
 1190  10 business days after receipt of a complete family foster home
 1191  application and other required documentation as prescribed in
 1192  rule. The department shall approve or deny a complete
 1193  application no later than 100 calendar days after the
 1194  orientation required by s. 409.175(14). The department may
 1195  exceed 100 calendar days to approve or deny a license if
 1196  additional certifications are required by s. 409.175(5)(a).
 1197         Section 13. Paragraph (j) of subsection (1) of section
 1198  409.988, Florida Statutes, is amended to read:
 1199         409.988 Lead agency duties; general provisions.—
 1200         (1) DUTIES.—A lead agency:
 1201         (j) May subcontract for the provision of services required
 1202  by the contract with the lead agency and the department;
 1203  however, the subcontracts must specify how the provider will
 1204  contribute to the lead agency meeting the performance standards
 1205  established pursuant to the child welfare results-oriented
 1206  accountability system required by s. 409.997. The lead agency
 1207  shall directly provide no more than 35 percent of all child
 1208  welfare services provided unless it can demonstrate a need,
 1209  within the lead agency’s geographic service area, to exceed this
 1210  threshold. The local community alliance in the geographic
 1211  service area in which the lead agency is seeking to exceed the
 1212  threshold shall review the lead agency’s justification for need
 1213  and recommend to the department whether the department should
 1214  approve or deny the lead agency’s request for an exemption from
 1215  the services threshold. If there is not a community alliance
 1216  operating in the geographic service area in which the lead
 1217  agency is seeking to exceed the threshold, such review and
 1218  recommendation shall be made by representatives of local
 1219  stakeholders, including at least one representative from each of
 1220  the following:
 1221         1. The department.
 1222         2. The county government.
 1223         3. The school district.
 1224         4. The county United Way.
 1225         5. The county sheriff’s office.
 1226         6. The circuit court corresponding to the county.
 1227         7. The county children’s board, if one exists.
 1228         Section 14. Paragraph (b) of subsection (7) of section
 1229  39.302, Florida Statutes, is amended to read:
 1230         39.302 Protective investigations of institutional child
 1231  abuse, abandonment, or neglect.—
 1232         (7) When an investigation of institutional abuse, neglect,
 1233  or abandonment is closed and a person is not identified as a
 1234  caregiver responsible for the abuse, neglect, or abandonment
 1235  alleged in the report, the fact that the person is named in some
 1236  capacity in the report may not be used in any way to adversely
 1237  affect the interests of that person. This prohibition applies to
 1238  any use of the information in employment screening, licensing,
 1239  child placement, adoption, or any other decisions by a private
 1240  adoption agency or a state agency or its contracted providers.
 1241         (b) Likewise, if a person is employed as a caregiver in a
 1242  residential group home licensed pursuant to s. 409.175 and is
 1243  named in any capacity in three or more reports within a 5-year
 1244  period, the department may review all reports for the purposes
 1245  of the employment screening required pursuant to s.
 1246  409.1415(2)(c) s. 409.145(2)(e).
 1247         Section 15. Paragraph (d) of subsection (5) of section
 1248  39.6225, Florida Statutes, is amended to read:
 1249         39.6225 Guardianship Assistance Program.—
 1250         (5) A guardian with an application approved pursuant to
 1251  subsection (2) who is caring for a child placed with the
 1252  guardian by the court pursuant to this part may receive
 1253  guardianship assistance payments based on the following
 1254  criteria:
 1255         (d) The department shall provide guardianship assistance
 1256  payments in the amount of $4,000 annually, paid on a monthly
 1257  basis, or in an amount other than $4,000 annually as determined
 1258  by the guardian and the department and memorialized in a written
 1259  agreement between the guardian and the department. The agreement
 1260  shall take into consideration the circumstances of the guardian
 1261  and the needs of the child. Changes may not be made without the
 1262  concurrence of the guardian. However, in no case shall the
 1263  amount of the monthly payment exceed the foster care maintenance
 1264  payment that would have been paid during the same period if the
 1265  child had been in licensed care at his or her designated level
 1266  of care at the rate established in s. 409.145(3) s. 409.145(4).
 1267         Section 16. Paragraph (b) of subsection (5) of section
 1268  393.065, Florida Statutes, is amended to read:
 1269         393.065 Application and eligibility determination.—
 1270         (5) The agency shall assign and provide priority to clients
 1271  waiting for waiver services in the following order:
 1272         (b) Category 2, which includes individuals on the waiting
 1273  list who are:
 1274         1. From the child welfare system with an open case in the
 1275  Department of Children and Families’ statewide automated child
 1276  welfare information system and who are either:
 1277         a. Transitioning out of the child welfare system at the
 1278  finalization of an adoption, a reunification with family
 1279  members, a permanent placement with a relative, or a
 1280  guardianship with a nonrelative; or
 1281         b. At least 18 years but not yet 22 years of age and who
 1282  need both waiver services and extended foster care services; or
 1283         2. At least 18 years but not yet 22 years of age and who
 1284  withdrew consent pursuant to s. 39.6251(5)(c) to remain in the
 1285  extended foster care system.
 1286  
 1287  For individuals who are at least 18 years but not yet 22 years
 1288  of age and who are eligible under sub-subparagraph 1.b., the
 1289  agency shall provide waiver services, including residential
 1290  habilitation, and the community-based care lead agency shall
 1291  fund room and board at the rate established in s. 409.145(3) s.
 1292  409.145(4) and provide case management and related services as
 1293  defined in s. 409.986(3)(e). Individuals may receive both waiver
 1294  services and services under s. 39.6251. Services may not
 1295  duplicate services available through the Medicaid state plan.
 1296  
 1297  Within categories 3, 4, 5, 6, and 7, the agency shall maintain a
 1298  waiting list of clients placed in the order of the date that the
 1299  client is determined eligible for waiver services.
 1300         Section 17. Paragraph (b) of subsection (2) of section
 1301  409.1451, Florida Statutes, is amended to read:
 1302         409.1451 The Road-to-Independence Program.—
 1303         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
 1304         (b) The amount of the financial assistance shall be as
 1305  follows:
 1306         1. For a young adult who does not remain in foster care and
 1307  is attending a postsecondary school as provided in s. 1009.533,
 1308  the amount is $1,256 monthly.
 1309         2. For a young adult who remains in foster care, is
 1310  attending a postsecondary school, as provided in s. 1009.533,
 1311  and continues to reside in a licensed foster home, the amount is
 1312  the established room and board rate for foster parents. This
 1313  takes the place of the payment provided for in s. 409.145(3) s.
 1314  409.145(4).
 1315         3. For a young adult who remains in foster care, but
 1316  temporarily resides away from a licensed foster home for
 1317  purposes of attending a postsecondary school as provided in s.
 1318  1009.533, the amount is $1,256 monthly. This takes the place of
 1319  the payment provided for in s. 409.145(3) s. 409.145(4).
 1320         4. For a young adult who remains in foster care, is
 1321  attending a postsecondary school as provided in s. 1009.533, and
 1322  continues to reside in a licensed group home, the amount is
 1323  negotiated between the community-based care lead agency and the
 1324  licensed group home provider.
 1325         5. For a young adult who remains in foster care, but
 1326  temporarily resides away from a licensed group home for purposes
 1327  of attending a postsecondary school as provided in s. 1009.533,
 1328  the amount is $1,256 monthly. This takes the place of a
 1329  negotiated room and board rate.
 1330         6. A young adult is eligible to receive financial
 1331  assistance during the months when he or she is enrolled in a
 1332  postsecondary educational institution.
 1333         Section 18. For the 2020-2021 fiscal year, the sums of
 1334  $2,198,670 in recurring and $51,020 in nonrecurring funds from
 1335  the General Revenue Fund are appropriated to the State Court
 1336  System, and 21 full-time equivalent positions with associated
 1337  salary rate of 1,322,144 are authorized for the purposes of
 1338  implementing this act.
 1339         Section 19. This act shall take effect July 1, 2020.
 1340  
 1341  ================= T I T L E  A M E N D M E N T ================
 1342  And the title is amended as follows:
 1343         Delete everything before the enacting clause
 1344  and insert:
 1345                        A bill to be entitled                      
 1346         An act relating to child welfare; amending s. 25.385,
 1347         F.S.; requiring the Florida Court Educational Council
 1348         to establish certain standards for instruction of
 1349         circuit and county court judges for dependency cases;
 1350         requiring the council to provide such instruction on a
 1351         periodic and timely basis; creating s. 39.01304, F.S.;
 1352         authorizing circuit courts to create early childhood
 1353         court programs; specifying that early childhood court
 1354         programs may have certain components; requiring the
 1355         Office of State Courts Administrator to contract for
 1356         an evaluation; requiring the Office of the State
 1357         Courts Administrator to provide or contract for
 1358         specified duties; amending s. 39.0138, F.S.; requiring
 1359         the department to complete background screenings
 1360         within a specified timeframe; providing an exception;
 1361         amending s. 39.301, F.S.; requiring the department to
 1362         notify the court of certain reports; authorizing the
 1363         department to file specified petitions under certain
 1364         circumstances; amending s. 39.522, F.S.; requiring the
 1365         court to consider specified factors when making a
 1366         certain determination; authorizing the court or any
 1367         party to the case to file a petition to place a child
 1368         in out-of-home care under certain circumstances;
 1369         requiring the court to consider specified factors when
 1370         determining whether the child should be placed in out
 1371         of-home care; requiring the court to evaluate and
 1372         change a child’s permanency goal under certain
 1373         circumstances; amending s. 39.6011, F.S.; revising and
 1374         providing requirements for case plan descriptions;
 1375         amending s. 39.701, F.S.; requiring the court to
 1376         retain jurisdiction over a child under certain
 1377         circumstances; requiring specified parties to disclose
 1378         certain information to the court; providing for
 1379         certain caregiver recommendations to the court;
 1380         requiring the court and citizen review panel to
 1381         determine whether certain parties have developed a
 1382         productive relationship; amending s. 63.092, F.S.;
 1383         providing a deadline for completion of a preliminary
 1384         home study; creating s. 63.093, F.S.; providing
 1385         requirements and processes for the adoption of
 1386         children from the child welfare system; creating s.
 1387         409.1415, F.S.; providing legislative findings and
 1388         intent; requiring the department and community-based
 1389         care lead agencies to develop and support
 1390         relationships between certain foster families and
 1391         legal parents of children; providing responsibilities
 1392         for foster parents, birth parents, the department,
 1393         community-based care lead agency staff, and other
 1394         agency staff; defining the term “excellent parenting”;
 1395         requiring employees of residential group homes to meet
 1396         specified requirements; requiring the department to
 1397         adopt rules; amending s. 409.145, F.S.; conforming
 1398         provisions to changes made by the act; amending s.
 1399         409.175, F.S.; revising requirements for the licensure
 1400         of family foster homes; requiring the department to
 1401         issue determinations for family foster home licenses
 1402         within a specified timeframe; providing an exception;
 1403         amending s. 409.988, F.S.; authorizing a lead agency
 1404         to provide more than 35 percent of all child welfare
 1405         services under certain conditions; requiring a
 1406         specified local community alliance, or specified
 1407         representatives in certain circumstances, to review
 1408         and recommend approval or denial of the lead agency’s
 1409         request for a specified exemption; amending ss.
 1410         39.302, 39.6225, 393.065, and 409.1451, F.S.;
 1411         conforming cross-references; providing an
 1412         appropriation; providing an effective date.