Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for SB 1326
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             03/06/2020 03:57 PM       .                                

       Senator Simpson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 141 - 569
    4  and insert:
    5         (7)OFFICE OF QUALITY.—Subject to an appropriation, the
    6  department shall establish an enterprise-wide Office of Quality
    7  to ensure that the department and contracted service providers
    8  meet the highest levels of performance standards.
    9         (a)Duties of the office include, but are not limited to,
   10  all of the following:
   11         1. Identifying performance standards and metrics for
   12  department programs and all other service providers, including,
   13  but not limited to, behavioral health managing entities,
   14  community-based care lead agencies, and attorney services.
   15         2. Conducting ongoing quality assurance reviews of
   16  department programs and contracted service providers on at least
   17  a quarterly basis using cases randomly selected by the
   18  department.
   19         3. Strengthening the department’s data and analytic
   20  capabilities to identify systemic strengths and deficiencies.
   21         4. In consultation with the department’s program offices,
   22  recommending unique and varied initiatives to correct
   23  programmatic and systemic deficiencies.
   24         5. Collaborating and engaging partners of the department to
   25  improve service quality, efficiency, and effectiveness.
   26         6. Reporting any persistent failure by the department or
   27  contracted providers to meet performance standards and
   28  recommending corrective actions to the secretary.
   29         7. By each December 1, developing and submitting an annual
   30  report to the Governor, the President of the Senate, and the
   31  Speaker of the House of Representatives for the preceding fiscal
   32  year which encompasses all legislatively mandated statewide
   33  reports required to be issued by the department.
   34         (b) The department may adopt rules to administer this
   35  subsection.
   36         Section 2. Section 402.402, Florida Statutes, is amended to
   37  read:
   38         402.402 Child protection and child welfare personnel;
   39  attorneys employed by the department.—
   41  REQUIREMENTS.—The department is responsible for recruitment of
   42  qualified professional staff to serve as child protective
   43  investigators and child protective investigation supervisors.
   44  The department shall make every effort to recruit and hire
   45  persons qualified by their education and experience to perform
   46  social work functions. The department’s efforts shall be guided
   47  by the goal that by July 1, 2019, at least half of all child
   48  protective investigators and supervisors will have a bachelor’s
   49  degree or a master’s degree in social work from a college or
   50  university social work program accredited by the Council on
   51  Social Work Education. The department, in collaboration with the
   52  lead agencies, subcontracted provider organizations, the Florida
   53  Institute for Child Welfare created pursuant to s. 1004.615, and
   54  other partners in the child welfare system, shall develop a
   55  protocol for screening candidates for child protective positions
   56  which reflects the preferences specified in paragraphs (a)-(f).
   57  The following persons shall be given preference in the
   58  recruitment of qualified professional staff, but the preferences
   59  serve only as guidance and do not limit the department’s
   60  discretion to select the best available candidates:
   61         (a) Individuals with baccalaureate degrees in social work
   62  and child protective investigation supervisors with master’s
   63  degrees in social work from a college or university social work
   64  program accredited by the Council on Social Work Education.
   65         (b) Individuals with baccalaureate or master’s degrees in
   66  psychology, sociology, counseling, special education, education,
   67  human development, child development, family development,
   68  marriage and family therapy, and nursing.
   69         (c) Individuals with baccalaureate degrees who have a
   70  combination of directly relevant work and volunteer experience,
   71  preferably in a public service field related to children’s
   72  services, demonstrating critical thinking skills, formal
   73  assessment processes, communication skills, problem solving, and
   74  empathy; a commitment to helping children and families; a
   75  capacity to work as part of a team; an interest in continuous
   76  development of skills and knowledge; and personal strength and
   77  resilience to manage competing demands and handle workplace
   78  stresses.
   79         (2) SPECIALIZED TRAINING.—All child protective
   80  investigators and child protective investigation supervisors
   81  employed by the department or a sheriff’s office must complete
   82  specialized training either focused on serving a specific
   83  population, including, but not limited to, medically fragile
   84  children, sexually exploited children, children under 3 years of
   85  age, or families with a history of domestic violence, mental
   86  illness, or substance abuse, or focused on performing certain
   87  aspects of child protection practice, including, but not limited
   88  to, investigation techniques and analysis of family dynamics.
   89  The specialized training may be used to fulfill continuing
   90  education requirements under s. 402.40(3)(e). Individuals hired
   91  before July 1, 2014, shall complete the specialized training by
   92  June 30, 2016, and individuals hired on or after July 1, 2014,
   93  shall complete the specialized training within 2 years after
   94  hire. An individual may receive specialized training in multiple
   95  areas.
   96         (3)STAFF SUPPORT.—The department shall implement policies
   97  and programs that mitigate and prevent the impact of secondary
   98  traumatic stress and burnout among child protective
   99  investigations staff, including, but not limited to:
  100         (a)Initiatives to encourage and inspire child protective
  101  investigations staff, including recognizing their achievements
  102  on a recognition wall within their unit.
  103         (b)Formal procedures for providing support to child
  104  protective investigations staff after a critical incident such
  105  as a child fatality.
  106         (c)Initial training upon appointment to a supervisory
  107  position and annual continuing education for all supervisors on
  108  how to prevent secondary traumatic stress and burnout among the
  109  employees they supervise.
  110         (d)Monitoring levels of secondary traumatic stress and
  111  burnout among individual employees and intervening as needed.
  112  The department shall closely monitor and respond to levels of
  113  secondary traumatic stress and burnout among employees during
  114  the first 2 years after hire.
  115         (e)Ongoing training in self-care for all child protective
  116  investigations staff.
  118  Such programs may also include, but are not limited, to formal
  119  peer counseling and support programs.
  120         (4)(3) REPORT.—By each October 1, the department shall
  121  submit a report on the educational qualifications, turnover,
  122  professional advancement, and working conditions of the child
  123  protective investigators and supervisors to the Governor, the
  124  President of the Senate, and the Speaker of the House of
  125  Representatives.
  128  contracted with on or after July 1, 2014, whose primary
  129  responsibility is representing the department in child welfare
  130  cases shall, within the first 6 months of employment, receive
  131  training in:
  132         (a) The dependency court process, including the attorney’s
  133  role in preparing and reviewing documents prepared for
  134  dependency court for accuracy and completeness.;
  135         (b) Preparing and presenting child welfare cases, including
  136  at least 1 week shadowing an experienced children’s legal
  137  services attorney preparing and presenting cases.;
  138         (c) Safety assessment, safety decisionmaking tools, and
  139  safety plans.;
  140         (d) Developing information presented by investigators and
  141  case managers to support decisionmaking in the best interest of
  142  children.; and
  143         (e) The experiences and techniques of case managers and
  144  investigators, including shadowing an experienced child
  145  protective investigator and an experienced case manager for at
  146  least 8 hours.
  147         Section 3. Paragraph (l) is added to subsection (1) of
  148  section 409.988, Florida Statutes, to read:
  149         409.988 Lead agency duties; general provisions.—
  150         (1) DUTIES.—A lead agency:
  151         (l)Shall identify an employee to serve as a liaison with
  152  the community alliance and community-based and faith-based
  153  organizations interested in collaborating with the lead agency
  154  or offering services or other assistance on a volunteer basis to
  155  the children and families served by the lead agency. The lead
  156  agency shall ensure that appropriate lead agency staff and
  157  subcontractors, including, but not limited to, case managers,
  158  are informed of the specific services or assistance available
  159  from community-based and faith-based organizations.
  160         Section 4. Section 409.991, Florida Statutes, is amended to
  161  read:
  162         (Substantial rewording of section. See s. 409.991,
  163         F.S., for present text.)
  164         409.991Allocation of funds for community-based care lead
  165  agencies.—
  166         (1)As used in this section, the term core services funds”
  167  means all funds allocated to lead agencies operating under
  168  contract with the department pursuant to s. 409.987, with the
  169  following exceptions:
  170         (a) Funds appropriated for independent living services;
  171         (b) Funds appropriated for maintenance adoption subsidies;
  172         (c) Funds allocated by the department for child protective
  173  investigative service training;
  174         (d) Nonrecurring funds;
  175         (e) Designated mental health wrap-around service funds;
  176         (f) Funds for special projects for a designated lead
  177  agency; and
  178         (g) Funds appropriated for the Guardianship Assistance
  179  Program established under s. 39.6225.
  180         (2) The department shall use an objective, workload-based
  181  methodology to identify and report the optimal level of funding
  182  for each lead agency considering demand for each of the
  183  following:
  184         (a) Prevention services;
  185         (b) Client services;
  186         (c) Licensed out-of-home care costs; and
  187         (d) Staffing, using the ratio for case managers compared to
  188  the caseload requirements specified in s. 20.19(4)(c)2.
  189         (3) The allocation of core services funds must be based on
  190  the following:
  191         (a) The total optimal funding amount as determined by
  192  adding together the funding for prevention services, client
  193  services, licensed out-of-home care, and staffing.
  194         (b) A comparison of the total optimal funding amount to the
  195  actual allocated funding for the most recent fiscal year to
  196  determine the percentage of optimal funding the lead agency is
  197  currently receiving.
  198         (4) By November 1 of each year, the secretary must submit a
  199  report to the Governor, the President of the Senate, and the
  200  Speaker of the House of Representatives which includes the
  201  current funding level of each lead agency based on the optimal
  202  funding level as determined by using each lead agency workload
  203  using the department’s methodology. The report must identify any
  204  lead agency that is persistently funded at less than the optimal
  205  funding level and recommend strategies to address the shortfall
  206  including, but not limited to, business process redesign, the
  207  adoption of best practices, and requesting additional funding.
  208         (5) The department may adopt rules to establish the optimal
  209  funding levels for lead agencies.
  210         (6) Unless otherwise specified in the General
  211  Appropriations Act, the department shall allocate any new
  212  funding for core services, based on the department’s
  213  methodology, to achieve optimal funding for all lead agencies
  214  inversely proportional to each lead agency optimal funding
  215  percentage.
  216         (7) Unless otherwise specified in the General
  217  Appropriations Act, the department shall consider a lead
  218  agency’s funding level compared to its optimal funding level
  219  when allocating funding from the risk pool, as provided in s.
  220  409.990.
  221         Section 5. Present subsections (18) through (23) of section
  222  409.996, Florida Statutes, are renumbered as subsections (19)
  223  through (24), respectively, a new subsection (18) and
  224  subsections (25) and (26) are added to that section, and
  225  paragraph (a) of subsection (1) and subsection (17) of that
  226  section are amended, to read:
  227         409.996 Duties of the Department of Children and Families.
  228  The department shall contract for the delivery, administration,
  229  or management of care for children in the child protection and
  230  child welfare system. In doing so, the department retains
  231  responsibility for the quality of contracted services and
  232  programs and shall ensure that services are delivered in
  233  accordance with applicable federal and state statutes and
  234  regulations.
  235         (1) The department shall enter into contracts with lead
  236  agencies for the performance of the duties by the lead agencies
  237  pursuant to s. 409.988. At a minimum, the contracts must:
  238         (a) Provide for the services needed to accomplish the
  239  duties established in s. 409.988 and provide information to the
  240  department which is necessary to meet the requirements for a
  241  quality assurance program pursuant to subsection (19) (18) and
  242  the child welfare results-oriented accountability system
  243  pursuant to s. 409.997.
  244         (17) The department shall directly or through contract
  245  provide attorneys to prepare and present cases in dependency
  246  court and shall ensure that the court is provided with adequate
  247  information for informed decisionmaking in dependency cases,
  248  including, at a minimum, a face sheet for each case which lists
  249  the names and contact information for any child protective
  250  investigator, child protective investigation supervisor, case
  251  manager, and case manager supervisor, and the regional
  252  department official responsible for the lead agency contract.
  253  The department shall provide to the court the case information
  254  and recommendations provided by the lead agency or
  255  subcontractor. For the Sixth Judicial Circuit, the department
  256  shall contract with the state attorney for the provision of
  257  these services.
  258         (18)(a)The department may contract for the provision of
  259  children’s legal services to prepare and present cases in
  260  dependency court. The contracted attorneys shall ensure that the
  261  court is provided with adequate information for informed
  262  decisionmaking in dependency cases, including, at a minimum, a
  263  face sheet for each case which lists the names and contact
  264  information for any child protective investigator, child
  265  protective investigator supervisor, and the regional department
  266  official responsible for the lead agency contract. The
  267  contracted attorneys shall provide to the court the case
  268  information and recommendations provided by the lead agency or
  269  subcontractor. For the Sixth Judicial Circuit, the department
  270  shall contract with the state attorney for the provision of
  271  these services.
  272         (b)The contracted attorneys shall adopt the child welfare
  273  practice model, as periodically updated by the department, that
  274  is used by attorneys employed by the department. The contracted
  275  attorneys shall operate in accordance with the same federal and
  276  state performance standards and metrics imposed on children’s
  277  legal services attorneys employed by the department.
  278         (c)The department and contracted attorneys providing
  279  children’s legal services shall collaborate to monitor program
  280  performance on an ongoing basis. The department and contracted
  281  attorneys, or a representative from such contracted attorneys’
  282  offices, shall meet at least quarterly to collaborate on federal
  283  and state quality assurance and quality improvement initiatives.
  284         (d)The department shall conduct an annual program
  285  performance evaluation which shall be based on the same child
  286  welfare practice model principles and federal and state
  287  performance standards that are imposed on children’s legal
  288  services attorneys employed by the department. The program
  289  performance evaluation must be standardized statewide and the
  290  department shall select random cases for evaluation. The program
  291  performance evaluation shall be conducted by a team of peer
  292  reviewers from the respective contracted attorneys’ offices that
  293  perform children’s legal services and representatives from the
  294  department.
  295         (e)The department shall publish an annual report
  296  regarding, at a minimum, performance quality, outcome-measure
  297  attainment, and cost efficiency of the services provided by the
  298  contracted attorneys. The annual report must include data and
  299  information on the performance of both the contracted attorneys’
  300  and the department’s attorneys. The department shall submit the
  301  annual report to the Governor, the President of the Senate, and
  302  the Speaker of the House of Representatives no later than
  303  November 1 of each year that the contracted attorneys are
  304  receiving appropriations to provide children’s legal services
  305  for the department.
  306         (25)In collaboration with lead agencies, service
  307  providers, and other community stakeholders, the department
  308  shall develop a statewide accountability system based on
  309  measurable quality standards. The accountability system must be
  310  implemented by July 1, 2021.
  311         (a)The accountability system must:
  312         1. Assess the overall health of the child welfare system,
  313  by circuit, using grading criteria established by the
  314  department.
  315         2. Include a quality measurement system with domains and
  316  clearly defined levels of quality. The system must measure the
  317  performance standards for child protective investigators, lead
  318  agencies, and children’s legal services throughout the system of
  319  care, using criteria established by the department, and, at a
  320  minimum, address applicable federal- and state-mandated metrics.
  321         3. Align with the principles of the results-oriented
  322  accountability program established under s. 409.997.
  323         (b) After the development and implementation of the
  324  accountability system under this subsection, the department and
  325  each lead agency shall use the information from the
  326  accountability system to promote enhanced quality service
  327  delivery within their respective areas of responsibility.
  328         (c) By December 1 of each year, the department shall submit
  329  a report on the overall health of the child welfare system to
  330  the Governor, the President of the Senate, and the Speaker of
  331  the House of Representatives.
  332         (d) The department may adopt rules to implement this
  333  subsection.
  334         (26) Subject to an appropriation, for the 2020-2021 and
  335  2021-2022 fiscal years, the department shall implement a pilot
  336  project in the Sixth and Thirteenth Judicial Circuits,
  337  respectively, aimed at improving child welfare outcomes.
  338         (a) In implementing the pilot projects, the department
  339  shall establish performance metrics and performance standards to
  340  assess improvements in safety, permanency, and the well-being of
  341  children in the local system of care for the lead agencies in
  342  those judicial circuits. Such metrics and standards must be
  343  aligned with indicators used in the most recent federal Child
  344  and Family Services Reviews.
  345         (b) The lead agencies in the Sixth and Thirteenth Judicial
  346  Circuits shall provide performance data to the department each
  347  quarter. The department shall review the data for accuracy and
  348  completeness and then shall compare the actual performance of
  349  the lead agencies to the established performance metrics and
  350  standards. Each lead agency that exceeds performance metrics and
  351  standards is eligible for incentive funding.
  352         (c) For the first quarter of each fiscal year, the
  353  department may advance incentive funding to the lead agencies in
  354  an amount equal to one quarter of the total allocated to the
  355  pilot project. After each quarter, the department shall assess
  356  the performance of the lead agencies for that quarter and adjust
  357  the subsequent quarter’s incentive funding based on its actual
  358  prior quarter performance.
  359         (d) The department shall include the results of the pilot
  360  projects in the report required under s. 20.19(7). The report
  361  must include the department’s findings and recommendations
  362  relating to the pilot projects.
  363         (e) This subsection expires July 1, 2022.
  364         Section 6. Present subsections (6) and (7) of section
  365  1004.615, Florida Statutes, are renumbered as subsections (9)
  366  and (10), respectively, and new subsections (6) and (7) and
  367  subsection (8) are added to that section, to read:
  368         1004.615 Florida Institute for Child Welfare.—
  369         (6)The institute and the Florida State University College
  370  of Social Work shall design and implement a curriculum that
  371  enhances knowledge and skills for the child welfare practice.
  372  The institute and the college shall create the curriculum using
  373  interactive and interdisciplinary approaches and include
  374  opportunities for students to gain an understanding of real
  375  world child welfare cases. The institute shall disseminate the
  376  curriculum to other interested state universities and colleges
  377  and provide implementation support. The institute shall contract
  378  with a person or entity of its choosing, by November 1, 2020, to
  379  evaluate the curriculum and make recommendations for
  380  improvement. The college shall implement the curriculum during
  381  the 2021-2022 school year. This subsection is subject to an
  382  appropriation.
  383         (7)The institute, in collaboration with the department,
  384  community-based care lead agencies, providers of case management
  385  services, and other child welfare stakeholders, shall design and
  386  implement a career-long professional development curriculum for
  387  child welfare professionals at all levels and from all
  388  disciplines. The professional development curriculum must
  389  enhance the performance of the current child welfare workforce,
  390  address issues related to retention, complement the social work
  391  curriculum, and be developed using social work principles. The
  392  professional development curriculum shall provide career-long
  393  coaching, training, certification, and mentorship. The institute
  394  must provide the professional support on a continuous basis
  395  through online and in-person services. The professional
  396  development curriculum must be available by July 1, 2021. The
  397  Department of Children and Families must approve the curriculum
  398  prior to implementation. This subsection is subject to an
  399  appropriation.
  400         (8)The institute shall establish a consulting program for
  401  child welfare organizations to enhance workforce culture,
  402  supervision, and related management processes to improve
  403  retention, effectiveness, and overall well-being of staff to
  404  support improved child welfare outcomes. The institute shall
  405  select child welfare organizations through a competitive
  406  application process and provide ongoing analysis,
  407  recommendations, and support from a team of experts on a long
  408  term basis to address systemic and operational workforce
  409  challenges. This subsection is subject to an appropriation.
  410         Section 7. The Department of Children and Families, in
  411  collaboration with the Florida Institute of Child Welfare, shall
  412  develop an expanded career ladder for child protective
  413  investigations staff. The career ladder shall include multiple
  414  levels of child protective investigator classifications,
  415  corresponding milestones and professional development
  416  opportunities necessary for advancement, and compensation
  417  ranges. The department must submit a proposal for the expanded
  418  career ladder to the Governor, the President of the Senate, and
  419  the Speaker of the House of Representatives no later than
  420  November 1, 2020.
  422  ================= T I T L E  A M E N D M E N T ================
  423  And the title is amended as follows:
  424         Delete lines 5 - 95
  425  and insert:
  426         department, subject to legislative appropriation, to
  427         establish an Office of Quality; providing duties of
  428         the office; requiring the office to develop and submit
  429         a report to the Governor and the Legislature annually
  430         by a specified date; authorizing the department to
  431         adopt rules; amending s. 402.402, F.S.; deleting
  432         obsolete language; requiring the department to
  433         implement certain policies and programs; expanding
  434         requirements for an annual report required to be
  435         submitted by the department to the Governor and the
  436         Legislature; requiring that attorneys contracted with
  437         the department receive certain training; amending s.
  438         409.988, F.S.; requiring community-based care lead
  439         agencies to identify an employee to serve as a liaison
  440         with the community alliance and community-based and
  441         faith-based organizations; requiring community-based
  442         care lead agencies to ensure that appropriate lead
  443         agency staff and subcontractors are informed of
  444         specified services and assistance; amending s.
  445         409.991, F.S.; defining the term “core services
  446         funds”; requiring the department to develop a
  447         methodology to identify and report the optimal level
  448         of funding for community-based care lead agencies;
  449         providing requirements for the allocation of core
  450         services funds; requiring the Secretary of Children
  451         and Families to submit a report to the Governor and
  452         Legislature annually by a specified date; providing
  453         requirements for such report; authorizing the
  454         department to adopt rules; requiring certain funding
  455         to be allocated based on the department’s methodology,
  456         unless otherwise specified in the General
  457         Appropriations Act; amending s. 409.996, F.S.;
  458         deleting a provision requiring the department to
  459         contract with the state attorney for certain services;
  460         authorizing the department to contract for the
  461         provision of children’s legal services; providing
  462         requirements for contracted attorneys; requiring the
  463         department and contracted attorneys to collaborate to
  464         monitor program performance; requiring the department
  465         to conduct annual program performance evaluations;
  466         providing requirements for such evaluations; requiring
  467         the department to annually publish a report; providing
  468         requirements for such report; requiring the department
  469         to annually submit such report to the Governor and
  470         Legislature by a specified date; requiring the
  471         department to develop a statewide accountability
  472         system; requiring that such system be implemented by a
  473         specified date; providing requirements for such
  474         accountability system; requiring the department and
  475         lead agencies to promote enhanced quality service
  476         delivery; requiring the department to submit a report
  477         to the Governor and the Legislature annually by a
  478         specified date; authorizing the department to adopt
  479         rules; requiring the department to implement pilot
  480         projects to improve child welfare outcomes in
  481         specified judicial circuits; requiring the department
  482         to establish performance metrics and standards to
  483         implement the pilot projects; requiring lead agencies
  484         in specified judicial circuits to provide certain data
  485         to the department each quarter; requiring the
  486         department to review such data; authorizing the
  487         department to advance incentive funding to certain
  488         lead agencies that meet specified requirements;
  489         requiring the department to include certain results in
  490         a specified report; providing for future expiration;
  491         amending s. 1004.615, F.S.; requiring the Florida
  492         Institute for Child Welfare and the Florida State
  493         University College of Social Work to design and
  494         implement a child welfare practice curriculum;
  495         requiring the institute to disseminate the curriculum
  496         to certain state universities and colleges; requiring
  497         the institute to contract with a person or entity by a
  498         specified date to evaluate the curriculum and make
  499         recommendations for improvement; requiring the college
  500         to implement the curriculum during a specified school
  501         year; requiring the institute, in collaboration with
  502         specified entities and individuals, to design and
  503         implement professional development curriculum for
  504         child welfare professionals; providing requirements
  505         for such curriculum; requiring that such curriculum be
  506         available by a specified date; requiring the
  507         department to approve the curriculum before
  508         implementation; requiring the institute to establish a
  509         consulting program; providing that specified
  510         provisions are subject to an appropriation; requiring
  511         the department, in collaboration with the institute,
  512         to develop a proposal for a career ladder for child
  513         protective investigations staff; providing
  514         requirements for such career ladder; requiring the
  515         department to submit a proposal for such career ladder
  516         to the Governor and the Legislature by a specified
  517         date; providing a short