Florida Senate - 2020                                    SB 1326
       
       
        
       By Senator Simpson
       
       
       
       
       
       10-01854-20                                           20201326__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Children and
    3         Families; providing a short title; amending s. 20.19,
    4         F.S.; providing for the creation of the Office of
    5         Quality Assurance and Improvement in the Department of
    6         Children and Families; requiring the Secretary of
    7         Children and Families to appoint a chief quality
    8         officer; providing duties of the chief quality
    9         officer; creating s. 39.0012, F.S.; providing
   10         legislative intent; requiring the department to
   11         annually report certain information to the Governor
   12         and the Legislature by a specified date; requiring the
   13         department to publish such report on its website;
   14         providing requirements for such report; amending s.
   15         39.01, F.S.; defining terms; amending s. 39.201, F.S.;
   16         extending the timeframe within which a protective
   17         investigation is required to be commenced in certain
   18         circumstances; specifying factors to be considered
   19         when determining when to commence a protective
   20         investigation; authorizing certain reports to the
   21         central abuse hotline to be referred for precrisis
   22         preventive services; amending s. 39.301, F.S.;
   23         requiring notification of certain staff of certain
   24         reports to the central abuse hotline; requiring
   25         detailed documentation for preventive services;
   26         requiring the department to incorporate into its
   27         quality assurance program the monitoring of reports
   28         that receive preventive services; providing that
   29         onsite investigation visits must be unannounced unless
   30         a certain finding is made; requiring that contacts
   31         made involving preventive services be announced unless
   32         there is no reasonable means to do so; amending s.
   33         39.3065, F.S.; providing legislative intent; requiring
   34         certain sheriffs to adopt Florida’s Child Welfare
   35         Practice Model and operate under certain provisions of
   36         law; requiring the department and sheriffs to
   37         collaborate and conduct program performance
   38         evaluations; requiring the department and sheriffs, or
   39         their designees, to meet at least quarterly for a
   40         specified purpose; providing that program performance
   41         evaluations be based on criteria developed by the
   42         department; requiring such evaluations to be
   43         standardized using a random sample of cases; revising
   44         the date by which the department is required to submit
   45         an annual report to the Governor and the Legislature;
   46         requiring certain sheriffs to annually submit to the
   47         department a prevention plan; providing requirements
   48         for such prevention plans; authorizing the secretary
   49         of the department to offer resources to sheriffs for
   50         certain purposes; amending s. 394.67, F.S.; defining
   51         the term “performance standards and metrics”; amending
   52         s. 394.9082, F.S.; providing legislative intent;
   53         requiring the department to annually provide a report
   54         containing certain information to the Governor and the
   55         Legislature by a specified date; requiring the
   56         department to publish such report on its website;
   57         providing requirements for such report; requiring the
   58         department to grade each managing entity based on
   59         specified criteria; requiring the department to renew
   60         contracts with managing entities that receive a
   61         specified grade; requiring the department to develop a
   62         system of support and improvement strategies for
   63         certain managing entities; authorizing the department
   64         to provide assistance to certain managing entities;
   65         requiring the department to take certain actions in
   66         response to managing entities that receive a grade of
   67         “D” or “F”; authorizing the department to
   68         competitively procure and contract under certain
   69         circumstances; authorizing the secretary of the
   70         department to direct resources to managing entities
   71         for certain purposes and to terminate contracts with
   72         certain entities; requiring managing entities to pay
   73         certain fines incurred by the department; requiring
   74         managing entities to retain responsibility for any
   75         failures of compliance if the managing entity
   76         subcontracts its duties or services; requiring the
   77         department to conduct program performance evaluations
   78         of managing entities at least annually; requiring
   79         managing entities to allow the department access to
   80         make onsite visits to contracted providers; requiring
   81         the department to adopt rules; deleting provisions
   82         relating to a requirement for the department to
   83         establish performance standards for managing entities;
   84         amending s. 409.986, F.S.; defining terms; amending s.
   85         409.991, F.S.; providing legislative findings and
   86         intent; defining terms; providing for the calculation
   87         of the allocation of core plus funds; prohibiting the
   88         department from reducing or redistributing the
   89         allocation budget for certain lead agencies before the
   90         2023-2024 fiscal year; providing for funding of lead
   91         agencies; providing for the distribution of additional
   92         funding to lead agencies; amending s. 409.996, F.S.;
   93         revising requirements for contracts entered into by
   94         the department with lead agencies; requiring the
   95         department to provide grades for lead agencies based
   96         on specified criteria; requiring the department to
   97         renew contracts with lead agencies that receive a
   98         specified grade; requiring the department to develop a
   99         system of support and improvement strategies for
  100         certain lead agencies; authorizing the department to
  101         provide assistance to certain lead agencies; requiring
  102         the department to take certain actions in response to
  103         lead agencies that receive a grade of “D” or “F”;
  104         authorizing the department to competitively procure
  105         and contract under certain circumstances; authorizing
  106         the secretary of the department to offer resources to
  107         lead agencies for certain purposes and to terminate
  108         contracts with certain entities; requiring lead
  109         agencies to pay certain fines incurred by the
  110         department; requiring lead agencies to retain
  111         responsibility for any failures of compliance if the
  112         lead agency subcontracts its duties or services;
  113         requiring the department to adopt rules; requiring
  114         attorneys contracted by the department to adopt
  115         Florida’s Child Welfare Practice Model and to operate
  116         in accordance with specified provisions of law;
  117         requiring the department and contracted attorneys to
  118         collaborate and conduct program performance
  119         evaluations; requiring the department and attorneys or
  120         their designees to meet at least quarterly for a
  121         specified purpose; providing requirements for annual
  122         program performance evaluations; requiring the
  123         department to annually submit a report containing
  124         certain information to the Governor and the
  125         Legislature by a specified date; authorizing the
  126         secretary of the department to offer resources to
  127         contracted attorneys for certain purposes; amending s.
  128         409.997, F.S.; requiring certain data to be provided
  129         to the Office of Quality Assurance and Improvement;
  130         requiring the department to conduct certain
  131         evaluations of lead agencies at least annually;
  132         requiring lead agencies to allow the department access
  133         to make onsite visits to contracted providers;
  134         amending ss. 39.202, 39.502, 39.521, 39.6011, 39.6012,
  135         39.701, 39.823, 322.09, 393.065, 394.495, 394.674,
  136         409.987, 409.988, 627.746, 934.255, and 960.065, F.S.;
  137         conforming cross-references; reenacting and amending
  138         s. 39.302(1), F.S., relating to protective
  139         investigations of institutional child abuse,
  140         abandonment, or neglect, to incorporate the amendments
  141         made to s. 39.201, F.S.; reenacting ss. 409.988(1)(b)
  142         and 409.996(1)(a), F.S., relating to lead agency
  143         duties and duties of the department, respectively, to
  144         incorporate the amendment made to s. 409.997, F.S., in
  145         references thereto; providing an effective date.
  146          
  147  Be It Enacted by the Legislature of the State of Florida:
  148  
  149         Section 1. This act may be cited as the “DCF Accountability
  150  Act.”
  151         Section 2. Present subsections (5) and (6) of section
  152  20.19, Florida Statutes, are redesignated as subsections (6) and
  153  (7), respectively, and a new subsection (5) is added to that
  154  section, to read:
  155         20.19 Department of Children and Families.—There is created
  156  a Department of Children and Families.
  157         (5)There is created in the department an Office of Quality
  158  Assurance and Improvement.
  159         (a)The secretary shall appoint a chief quality officer to
  160  lead the office and ensure that the department and its service
  161  providers meet the highest level of performance standards. The
  162  chief quality officer shall serve at the pleasure of the
  163  secretary.
  164         (b)The chief quality officer shall:
  165         1.Analyze and monitor the development and implementation
  166  of federal and state laws, rules, and regulations and other
  167  governmental policies and actions that pertain to persons being
  168  served by the department.
  169         2.Develop and implement performance standards and metrics
  170  for determining the department’s compliance with federal and
  171  state laws, rules, and regulations and other governmental
  172  policies and actions.
  173         3.Strengthen the department’s data and analytic
  174  capabilities to identify systemic strengths and deficiencies.
  175         4.Identify performance standards and metrics for the
  176  department and all other service providers, including, but not
  177  limited to, law enforcement agencies, managing entities, lead
  178  agencies, and attorney services.
  179         5.Recommend unique and varied initiatives to correct
  180  programmatic and systemic deficiencies.
  181         6.Collaborate and engage partners of the department to
  182  improve quality, efficiency, and effectiveness.
  183         7.Report any persistent failure by the department to meet
  184  performance standards and recommend to the secretary corrective
  185  courses prescribed by statute.
  186         8.Prepare an annual report of all contractual performance
  187  metrics, including the most current status of such metrics, to
  188  the secretary.
  189         Section 3. Section 39.0012, Florida Statutes, is created to
  190  read:
  191         39.0012Child welfare accountability.—
  192         (1)It is the intent of the Legislature that:
  193         (a)Florida’s child welfare system be held accountable for
  194  providing exemplary services in a manner that is transparent and
  195  that inspires public confidence in the Department of Children
  196  and Families.
  197         (b)The department be held accountable to the Governor and
  198  the Legislature for carrying out the purposes of, and the
  199  responsibilities established in, this chapter. It is further the
  200  intent of the Legislature that the department only contract with
  201  entities that carry out the purposes of, and the
  202  responsibilities established in, this chapter.
  203         (c)The department, other agencies, the courts, law
  204  enforcement agencies, local communities, and other contracted
  205  child welfare service providers are all held accountable to the
  206  highest standards.
  207         (d)While the department has been directed to delegate the
  208  duties of child welfare to other entities, law enforcement
  209  agencies, local communities, and other contracted child welfare
  210  service providers, the department retains direct responsibility
  211  for quality assurance.
  212         (e)The department, in consultation with child welfare
  213  service providers, establish overall performance levels and
  214  metrics for any entity that the department contracts with to
  215  provide child welfare services.
  216         (f)The department acts to offer increasing levels of
  217  support for child welfare service providers with performance
  218  deficiencies. However, the department may not continue to
  219  contract with child welfare service providers that persistently
  220  fail to meet performance standards and metrics for three or more
  221  consecutive annual performance reviews.
  222         (2)By November 1 of each year, the department shall report
  223  on all performance levels and contractual performance metrics,
  224  including the most current status of such levels and metrics, to
  225  the Governor, the President of the Senate, and the Speaker of
  226  the House of Representatives. The department must annually
  227  publish the report on its website. The report must contain the
  228  following information:
  229         (a)Performance metrics for the entire child welfare
  230  system, including grades for the lead agencies.
  231         (b)Performance metrics by region and type of child welfare
  232  service provider, including performance levels.
  233         (c)A list of the child welfare service providers not in
  234  compliance with performance metrics.
  235         (d)Detailed corrective action taken, if any, to bring
  236  child welfare service providers back into compliance with
  237  performance metrics.
  238         Section 4. Present subsections (10) through (12), (13)
  239  through (29), (30) through (58), and (59) through (87) of
  240  section 39.01, Florida Statutes, are redesignated as subsections
  241  (11) through (13), (15) through (31), (33) through (61), and
  242  (63) through (91), respectively, new subsections (10), (14),
  243  (32), and (62) are added to that section, and present
  244  subsections (10) and (37) of that section are amended, to read:
  245         39.01 Definitions.—When used in this chapter, unless the
  246  context otherwise requires:
  247         (10)“Best practices” means a method or program that has
  248  been recognized by the department and has been found to be
  249  successful for compliance with performance standards and
  250  metrics.
  251         (11)(10) “Caregiver” means the parent, legal custodian,
  252  permanent guardian, adult household member, or other person
  253  responsible for a child’s welfare as defined in subsection (57)
  254  (54).
  255         (14)“Child welfare service provider” means county and
  256  municipal governments and agencies, public and private agencies,
  257  and private individuals and entities with which the department
  258  has a contract or agreement to carry out the purposes of, and
  259  responsibilities established in, this chapter.
  260         (32)“Florida’s Child Welfare Practice Model” means the
  261  methodology developed by the department, based on child welfare
  262  statutes and rules, to ensure the permanency, safety, and well
  263  being of children.
  264         (40)(37) “Institutional child abuse or neglect” means
  265  situations of known or suspected child abuse or neglect in which
  266  the person allegedly perpetrating the child abuse or neglect is
  267  an employee of a public or private school, public or private day
  268  care center, residential home, institution, facility, or agency
  269  or any other person at such institution responsible for the
  270  child’s welfare as defined in subsection (57) (54).
  271         (62)“Performance standards and metrics” means quantifiable
  272  measures used to track and assess performance, as determined by
  273  the department.
  274         Section 5. Subsection (5) of section 39.201, Florida
  275  Statutes, is amended to read:
  276         39.201 Mandatory reports of child abuse, abandonment, or
  277  neglect; mandatory reports of death; central abuse hotline.—
  278         (5) The department shall be capable of receiving and
  279  investigating, 24 hours a day, 7 days a week, reports of known
  280  or suspected child abuse, abandonment, or neglect and reports
  281  that a child is in need of supervision and care and has no
  282  parent, legal custodian, or responsible adult relative
  283  immediately known and available to provide supervision and care.
  284         (a) If it appears that the immediate safety or well-being
  285  of a child is endangered, that the family may flee or the child
  286  will be unavailable for purposes of conducting a child
  287  protective investigation, or that the facts otherwise so
  288  warrant, the department shall commence an investigation
  289  immediately, regardless of the time of day or night.
  290         (b) In all other child abuse, abandonment, or neglect
  291  cases, a child protective investigation shall be commenced
  292  within either 24 or 72 hours after receipt of the report,
  293  depending upon the severity of the alleged abuse, abandonment,
  294  or neglect and assessed risk to the child.
  295         1.Factors to be considered in the assessed severity and
  296  risk to the child include, but are not limited to:
  297         a.Whether the alleged abuse, abandonment, or neglect
  298  incident is alleged to have occurred more than 30 days prior to
  299  the reporter’s contact with the central abuse hotline.
  300         b.Whether there is credible information to support a
  301  finding that the alleged perpetrator will not have access to the
  302  alleged child victim for at least 72 hours following the
  303  reporter’s contact with the central abuse hotline.
  304         c.Whether the alleged child victim no longer resides at or
  305  attends the facility where the abuse, abandonment, or neglect is
  306  alleged to have occurred.
  307         2.A child protective investigation must be commenced
  308  within 24 hours if the incident involves any of the following:
  309         a.Sexual abuse allegations.
  310         b.Human trafficking allegations.
  311         c.The alleged victim is under 1 year of age.
  312         (c)For reports that do not meet the statutory criteria for
  313  abuse, abandonment, or neglect, but the circumstances
  314  surrounding a family are precrisis in nature, the department may
  315  contact and attempt to engage the family in preventive services
  316  to prevent the need for more intrusive interventions in the
  317  future.
  318         (d) In an institutional investigation, the alleged
  319  perpetrator may be represented by an attorney, at his or her own
  320  expense, or accompanied by another person, if the person or the
  321  attorney executes an affidavit of understanding with the
  322  department and agrees to comply with the confidentiality
  323  provisions of s. 39.202. The absence of an attorney or other
  324  person does not prevent the department from proceeding with
  325  other aspects of the investigation, including interviews with
  326  other persons. In institutional child abuse cases when the
  327  institution is not operating and the child cannot otherwise be
  328  located, the investigation shall commence immediately upon the
  329  resumption of operation. If requested by a state attorney or
  330  local law enforcement agency, the department shall furnish all
  331  investigative reports to that agency.
  332         Section 6. Present subsections (14) through (23) of section
  333  39.301, Florida Statutes, are redesignated as subsections (15)
  334  through (24), respectively, a new subsection (14) is added to
  335  that section, and subsections (1), (10), (11), and (13) of that
  336  section are amended, to read:
  337         39.301 Initiation of protective investigations.—
  338         (1) Upon receiving a report of known or suspected child
  339  abuse, abandonment, or neglect, or that a child is in need of
  340  supervision and care and has no parent, legal custodian, or
  341  responsible adult relative immediately known and available to
  342  provide supervision and care, the central abuse hotline shall
  343  determine if the report requires an immediate onsite protective
  344  investigation. For reports requiring an immediate onsite
  345  protective investigation, the central abuse hotline shall
  346  immediately notify the department’s designated regional district
  347  staff responsible for protective investigations to ensure that
  348  an onsite investigation is promptly initiated. For reports not
  349  requiring an immediate onsite protective investigation, the
  350  central abuse hotline shall determine whether the report meets
  351  criteria for a 24- or 72-hour investigation, or preventive
  352  services, and notify the department’s designated regional
  353  district staff responsible for protective investigations in
  354  sufficient time to allow for an investigation. At the time of
  355  notification, the central abuse hotline shall also provide
  356  information to regional district staff on any previous report
  357  concerning a subject of the present report or any pertinent
  358  information relative to the present report or any noted earlier
  359  reports.
  360         (10)(a) The department’s training program for staff
  361  responsible for responding to reports accepted by the central
  362  abuse hotline must also ensure that child protective responders:
  363         1. Know how to fully inform parents or legal custodians of
  364  their rights and options, including opportunities for audio or
  365  video recording of child protective responder interviews with
  366  parents or legal custodians or children.
  367         2. Know how and when to use the injunction process under s.
  368  39.504 or s. 741.30 to remove a perpetrator of domestic violence
  369  from the home as an intervention to protect the child.
  370         3. Know how to explain to the parent, legal custodian, or
  371  person who is alleged to have caused the abuse, neglect, or
  372  abandonment the results of the investigation and to provide
  373  information about his or her right to access confidential
  374  reports in accordance with s. 39.202, prior to closing the case.
  375         (b) To enhance the skills of individual staff members and
  376  to improve the region’s and district’s overall child protection
  377  system, the department’s training program at the regional level
  378  and district levels must include results of qualitative reviews
  379  of child protective investigation cases handled within the
  380  region or district in order to identify weaknesses as well as
  381  examples of effective interventions which occurred at each point
  382  in the case.
  383         (c) For all reports received, detailed documentation is
  384  required for the investigative activities or preventive
  385  services.
  386         (11) The department shall incorporate into its quality
  387  assurance program the monitoring of reports that receive a child
  388  protective investigation or preventive services to determine the
  389  quality and timeliness of safety assessments, engagements with
  390  families, teamwork with other experts and professionals, and
  391  appropriate investigative activities or preventive services that
  392  are uniquely tailored to the safety factors and service needs
  393  associated with each child and family.
  394         (13) Onsite investigation visits and face-to-face
  395  interviews with the child or family shall be unannounced unless
  396  it is determined by the department or its agent or contract
  397  provider that such unannounced visit would threaten the safety
  398  of the child.
  399         (14)Any contact with the child or family involving
  400  preventive services must be announced unless the department or
  401  its agent has no means to schedule a visit with the parent or
  402  caregiver.
  403         Section 7. Section 39.3065, Florida Statutes, is amended to
  404  read:
  405         39.3065 Sheriffs of certain counties to provide child
  406  protective investigative services; procedures; funding.—
  407         (1) It is the intent of the Legislature that each sheriff
  408  providing child protective investigative services under this
  409  section, in consultation with the Department of Children and
  410  Families, adopt Florida’s Child Welfare Practice Model and
  411  implement a prevention plan for his or her county.
  412         (2) As described in this section, the Department of
  413  Children and Families shall, by the end of fiscal year 1999
  414  2000, transfer all responsibility for child protective
  415  investigations for Pinellas County, Manatee County, Broward
  416  County, and Pasco County to the sheriff of that county in which
  417  the child abuse, neglect, or abandonment is alleged to have
  418  occurred. Each sheriff is responsible for the provision of all
  419  child protective investigations in his or her county. Each
  420  individual who provides these services must complete the
  421  training provided to and required of protective investigators
  422  employed by the Department of Children and Families.
  423         (3)(2) During fiscal year 1998-1999, the Department of
  424  Children and Families and each sheriff’s office shall enter into
  425  a contract for the provision of these services. Funding for the
  426  services will be appropriated to the Department of Children and
  427  Families, and the department shall transfer to the respective
  428  sheriffs for the duration of fiscal year 1998-1999, funding for
  429  the investigative responsibilities assumed by the sheriffs,
  430  including federal funds that the provider is eligible for and
  431  agrees to earn and that portion of general revenue funds which
  432  is currently associated with the services that are being
  433  furnished under contract, and including, but not limited to,
  434  funding for all investigative, supervisory, and clerical
  435  positions; training; all associated equipment; furnishings; and
  436  other fixed capital items. The contract must specify whether the
  437  department will continue to perform part or none of the child
  438  protective investigations during the initial year. The sheriffs
  439  may either conduct the investigations themselves or may, in
  440  turn, subcontract with law enforcement officials or with
  441  properly trained employees of private agencies to conduct
  442  investigations related to neglect cases only. If such a
  443  subcontract is awarded, the sheriff must take full
  444  responsibility for any safety decision made by the subcontractor
  445  and must immediately respond with law enforcement staff to any
  446  situation that requires removal of a child due to a condition
  447  that poses an immediate threat to the child’s life. The contract
  448  must specify whether the services are to be performed by
  449  departmental employees or by persons determined by the sheriff.
  450  During this initial year, the department is responsible for
  451  quality assurance, and the department retains the responsibility
  452  for the performance of all child protective investigations. The
  453  department must identify any barriers to transferring the entire
  454  responsibility for child protective services to the sheriffs’
  455  offices and must pursue avenues for removing any such barriers
  456  by means including, but not limited to, applying for federal
  457  waivers. By January 15, 1999, the department shall submit to the
  458  President of the Senate, the Speaker of the House of
  459  Representatives, and the chairs of the Senate and House
  460  committees that oversee departmental activities a report that
  461  describes any remaining barriers, including any that pertain to
  462  funding and related administrative issues. Unless the
  463  Legislature, on the basis of that report or other pertinent
  464  information, acts to block a transfer of the entire
  465  responsibility for child protective investigations to the
  466  sheriffs’ offices, the sheriffs of Pasco County, Manatee County,
  467  Broward County, and Pinellas County, beginning in fiscal year
  468  1999-2000, shall assume the entire responsibility for such
  469  services, as provided in subsection (4) (3).
  470         (4)(3)(a) Beginning in fiscal year 1999-2000, the sheriffs
  471  of Pasco County, Manatee County, Broward County, and Pinellas
  472  County have the responsibility to provide all child protective
  473  investigations in their respective counties. Beginning in fiscal
  474  year 2000-2001, the Department of Children and Families is
  475  authorized to enter into grant agreements with sheriffs of other
  476  counties to perform child protective investigations in their
  477  respective counties.
  478         (b) The sheriffs shall adopt Florida’s Child Welfare
  479  Practice Model and operate in accordance with the same federal
  480  performance standards and metrics regarding child welfare and
  481  protective investigations imposed on operate, at a minimum, in
  482  accordance with the performance standards and outcome measures
  483  established by the Legislature for protective investigations
  484  conducted by the Department of Children and Families. Each
  485  individual who provides these services must complete, at a
  486  minimum, the training provided to and required of protective
  487  investigators employed by the Department of Children and
  488  Families.
  489         (c) Funds for providing child protective investigations
  490  must be identified in the annual appropriation made to the
  491  Department of Children and Families, which shall award grants
  492  for the full amount identified to the respective sheriffs’
  493  offices. Notwithstanding the provisions of ss. 216.181(16)(b)
  494  and 216.351, the Department of Children and Families may advance
  495  payments to the sheriffs for child protective investigations.
  496  Funds for the child protective investigations may not be
  497  integrated into the sheriffs’ regular budgets. Budgetary data
  498  and other data relating to the performance of child protective
  499  investigations must be maintained separately from all other
  500  records of the sheriffs’ offices and reported to the Department
  501  of Children and Families as specified in the grant agreement.
  502         (d)The Department of Children and Families and each
  503  sheriff shall collaborate and conduct program performance
  504  evaluations on an ongoing basis. The department and each sheriff
  505  or their designees shall meet at least quarterly to collaborate
  506  on federal and state quality assurance and continuous quality
  507  improvement initiatives.
  508         (e)(d)The annual program performance evaluation shall be
  509  based on criteria developed by mutually agreed upon by the
  510  respective sheriffs and the Department of Children and Families
  511  for use with all child protective investigators statewide. The
  512  program performance evaluation shall be conducted by a team of
  513  peer reviewers from the respective sheriffs’ offices that
  514  perform child protective investigations and representatives from
  515  the department. The program performance evaluation shall be
  516  standardized using a random sample of cases selected by the
  517  department. The Department of Children and Families shall submit
  518  an annual report regarding quality performance, outcome-measure
  519  attainment, and cost efficiency to the President of the Senate,
  520  the Speaker of the House of Representatives, and to the Governor
  521  no later than November 1 January 31 of each year the sheriffs
  522  are receiving general appropriations to provide child protective
  523  investigations.
  524         (f)By June 30 of each year, each sheriff shall submit to
  525  the department for approval a prevention plan that details his
  526  or her approach to prevention within his or her community. The
  527  plan must include provisions for engaging prevention services at
  528  the earliest point practicable and for using community
  529  resources.
  530         (g)At any time, the secretary may offer resources to
  531  sheriffs to address any performance deficiencies that directly
  532  impact the safety of children in this state.
  533         Section 8. Present subsections (17) through (24) of section
  534  394.67, Florida Statutes, are redesignated as subsections (18)
  535  through (25), respectively, a new subsection (17) is added to
  536  that section, and subsection (3) of that section is amended, to
  537  read:
  538         394.67 Definitions.—As used in this part, the term:
  539         (3) “Crisis services” means short-term evaluation,
  540  stabilization, and brief intervention services provided to a
  541  person who is experiencing an acute mental or emotional crisis,
  542  as defined in subsection (18) (17), or an acute substance abuse
  543  crisis, as defined in subsection (19) (18), to prevent further
  544  deterioration of the person’s mental health. Crisis services are
  545  provided in settings such as a crisis stabilization unit, an
  546  inpatient unit, a short-term residential treatment program, a
  547  detoxification facility, or an addictions receiving facility; at
  548  the site of the crisis by a mobile crisis response team; or at a
  549  hospital on an outpatient basis.
  550         (17)“Performance standards and metrics” means quantifiable
  551  measures used to track and assess performance, as determined by
  552  the department.
  553         Section 9. Subsections (1) and (7) of section 394.9082,
  554  Florida Statutes, are amended, and paragraph (m) is added to
  555  subsection (3) of that section, to read:
  556         394.9082 Behavioral health managing entities.—
  557         (1) INTENT AND PURPOSE.—
  558         (a) The Legislature finds that untreated behavioral health
  559  disorders constitute major health problems for residents of this
  560  state, are a major economic burden to the citizens of this
  561  state, and substantially increase demands on the state’s
  562  juvenile and adult criminal justice systems, the child welfare
  563  system, and health care systems. The Legislature finds that
  564  behavioral health disorders respond to appropriate treatment,
  565  rehabilitation, and supportive intervention. The Legislature
  566  finds that local communities have also made substantial
  567  investments in behavioral health services, contracting with
  568  safety net providers who by mandate and mission provide
  569  specialized services to vulnerable and hard-to-serve populations
  570  and have strong ties to local public health and public safety
  571  agencies. The Legislature finds that a regional management
  572  structure that facilitates a comprehensive and cohesive system
  573  of coordinated care for behavioral health treatment and
  574  prevention services will improve access to care, promote service
  575  continuity, and provide for more efficient and effective
  576  delivery of substance abuse and mental health services. It is
  577  the intent of the Legislature that managing entities work to
  578  create linkages among various services and systems, including
  579  juvenile justice and adult criminal justice, child welfare,
  580  housing services, homeless systems of care, and health care.
  581         (b) The purpose of the behavioral health managing entities
  582  is to plan, coordinate, and contract for the delivery of
  583  community mental health and substance abuse services, to improve
  584  access to care, to promote service continuity, to purchase
  585  services, and to support efficient and effective delivery of
  586  services.
  587         (c)It is the further intent of the Legislature that:
  588         1.The department only contract with managing entities that
  589  carry out the purposes of, and the responsibilities established
  590  in, this chapter.
  591         2.The department and the contracted managing entities are
  592  all held accountable to the highest standards. While the
  593  department may delegate the duties of specific services to
  594  managing entities, the department retains responsibility for
  595  quality assurance.
  596         3.The department, in consultation with the contracted
  597  managing entities, establish overall performance levels and
  598  metrics for the services provided by the managing entities. The
  599  performance standards set by the department for the contracted
  600  managing entities must, at a minimum, address the tasks
  601  contained in the managing entity’s contract with the department.
  602         4.The department offers increasing levels of support for
  603  managing entities with performance deficiencies. However, the
  604  department may not continue to contract with managing entities
  605  that consistently fail to meet performance standards and metrics
  606  for three or more consecutive annual performance reviews.
  607         (3) DEPARTMENT DUTIES.—The department shall:
  608         (m)By November 1 of each year, provide a report on all
  609  performance levels and contractual performance metrics, and the
  610  most current status of such levels and metrics, to the Governor,
  611  the President of the Senate, and the Speaker of the House of
  612  Representatives. The department must annually publish the report
  613  on its website. The report must contain the following
  614  information:
  615         1.Performance metrics, including grades, for the managing
  616  entities.
  617         2.Performance metrics by region and type of managing
  618  entity, including performance levels.
  619         3.A list of the managing entities not in compliance with
  620  performance metrics.
  621         4.Detailed corrective action taken, if any, to bring
  622  managing entities back into compliance with performance metrics.
  623         (7) PERFORMANCE MEASUREMENT AND ACCOUNTABILITY.—Managing
  624  entities shall collect and submit data to the department
  625  regarding persons served, outcomes of persons served, costs of
  626  services provided through the department’s contract, and other
  627  data as required by the department. The department shall
  628  evaluate managing entity performance and the overall progress
  629  made by the managing entity.
  630         (a)The department shall provide a grade to each managing
  631  entity based on the department’s annual review of the entity’s
  632  compliance with performance standards and metrics.
  633         (b)A managing entity’s performance shall be graded based
  634  on a weighted score of the entity’s compliance with performance
  635  standards and metrics using one of the following grades:
  636         1.“A,” managing entities with a weighted score of 4.0 or
  637  higher.
  638         2.“B,” managing entities with a weighted score of 3.0 to
  639  3.99.
  640         3.“C,” managing entities with a weighted score of 2.0 to
  641  2.99.
  642         4.“D,” managing entities with a weighted score of 1.0 to
  643  1.99.
  644         5.“F,” managing entities with a weighted score of less
  645  than 1.0.
  646         (c)If the current contract has a renewal option, the
  647  department shall renew the contract of a managing entity that
  648  has received an “A” grade for the 2 years immediately preceding
  649  the renewal date of the contract.
  650         (d)The department shall develop a multitiered system of
  651  support and improvement strategies designed to address low
  652  performance of managing entities.
  653         (e)The department may provide assistance to any managing
  654  entity for the purpose of meeting performance standards and
  655  metrics. Assistance may include, but is not limited to,
  656  recommendations for best practices and implementation of a
  657  corrective action plan.
  658         (f)The department shall provide assistance to a managing
  659  entity that receives a “C” grade or lower on its annual review
  660  until it has improved to at least a “B” grade.
  661         (g)For any managing entity that has received a grade of
  662  “D” or “F,” the department shall take immediate action to engage
  663  stakeholders in a needs assessment to develop a turnaround
  664  option plan. The turnaround option plan may include, but is not
  665  limited to, the implementation of corrective actions and best
  666  practices designed to improve performance. The department must
  667  review and approve the plan before implementation by the
  668  managing entity.
  669         (h)Upon a managing entity’s receipt of a third consecutive
  670  “D” grade or lower, the department shall initiate proceedings to
  671  terminate any contract with the managing entity.
  672         (i)If cancellation of a contract with a managing entity
  673  occurs in a manner that threatens a lapse in services, the
  674  department may procure and contract pursuant to s.
  675  287.057(3)(a).
  676         (j)At any time, the secretary may offer resources to a
  677  managing entity to address any deficiencies in meeting
  678  performance standards and metrics which directly impact the
  679  safety of persons receiving services from the managing entity.
  680         (k)Notwithstanding paragraphs (d) through (j), the
  681  secretary, at his or her discretion, may terminate a contract
  682  with a managing entity that has received an “F” grade or upon
  683  the occurrence of an egregious act or omission by the managing
  684  entity or its subcontractor.
  685         (l)The managing entity shall pay any federal fines
  686  incurred by the department as the result of that managing
  687  entity’s failure to comply with the performance standards and
  688  metrics.
  689         (m)If the managing entity subcontracts any of its duties
  690  or services, the managing entity shall retain responsibility for
  691  its failure to comply with performance standards and metrics.
  692         (n)The department shall conduct an onsite program
  693  performance evaluation of each managing entity at least once per
  694  year. Each managing entity must allow the department access to
  695  make onsite visits at its discretion to any contracted provider.
  696  The onsite evaluation shall consist of a review of a random
  697  sample of cases selected by the department.
  698         (o)The department shall adopt rules to administer this
  699  section , together with other systems, in meeting the
  700  community’s behavioral health needs, based on consumer-centered
  701  outcome measures that reflect national standards, if possible,
  702  that can be accurately measured. The department shall work with
  703  managing entities to establish performance standards, including,
  704  but not limited to:
  705         (a) The extent to which individuals in the community
  706  receive services, including, but not limited to, parents or
  707  caregivers involved in the child welfare system who need
  708  behavioral health services.
  709         (b) The improvement in the overall behavioral health of a
  710  community.
  711         (c) The improvement in functioning or progress in the
  712  recovery of individuals served by the managing entity, as
  713  determined using person-centered measures tailored to the
  714  population.
  715         (d) The success of strategies to:
  716         1. Divert admissions from acute levels of care, jails,
  717  prisons, and forensic facilities as measured by, at a minimum,
  718  the total number and percentage of clients who, during a
  719  specified period, experience multiple admissions to acute levels
  720  of care, jails, prisons, or forensic facilities;
  721         2. Integrate behavioral health services with the child
  722  welfare system; and
  723         3. Address the housing needs of individuals being released
  724  from public receiving facilities who are homeless.
  725         (e) Consumer and family satisfaction.
  726         (f) The level of engagement of key community
  727  constituencies, such as law enforcement agencies, community
  728  based care lead agencies, juvenile justice agencies, the courts,
  729  school districts, local government entities, hospitals, and
  730  other organizations, as appropriate, for the geographical
  731  service area of the managing entity.
  732         Section 10. Subsection (3) of section 409.986, Florida
  733  Statutes, is amended to read:
  734         409.986 Legislative findings and intent; child protection
  735  and child welfare outcomes; definitions.—
  736         (3) DEFINITIONS.—As used in this part, except as otherwise
  737  provided, the term:
  738         (a)“Best practices” means a method or program that has
  739  been recognized by the department and has been found to be
  740  successful for ensuring compliance with performance standards
  741  and metrics.
  742         (b)(a) “Care” means services of any kind which are designed
  743  to facilitate a child remaining safely in his or her own home,
  744  returning safely to his or her own home if he or she is removed
  745  from the home, or obtaining an alternative permanent home if he
  746  or she cannot remain at home or be returned home. The term
  747  includes, but is not limited to, prevention, diversion, and
  748  related services.
  749         (c)(b) “Child” or “children” has the same meaning as
  750  provided in s. 39.01.
  751         (d)(c) “Community alliance” or “alliance” means the group
  752  of stakeholders, community leaders, client representatives, and
  753  funders of human services established pursuant to s. 20.19(6) s.
  754  20.19(5) to provide a focal point for community participation
  755  and oversight of community-based services.
  756         (e)(d) “Community-based care lead agency” or “lead agency”
  757  means a single entity with which the department has a contract
  758  for the provision of care for children in the child protection
  759  and child welfare system in a community that is no smaller than
  760  a county and no larger than two contiguous judicial circuits.
  761  The secretary of the department may authorize more than one
  762  eligible lead agency within a single county if doing so will
  763  result in more effective delivery of services to children.
  764         (f)“Florida’s Child Welfare Practice Model” means the
  765  methodology developed by the department based on child welfare
  766  statutes and rules to ensure the permanency, safety, and well
  767  being of children.
  768         (g)“Performance standards and metrics” means quantifiable
  769  measures used to track and assess performance as determined by
  770  the department.
  771         (h)(e) “Related services” includes, but is not limited to,
  772  family preservation, independent living, emergency shelter,
  773  residential group care, foster care, therapeutic foster care,
  774  intensive residential treatment, foster care supervision, case
  775  management, coordination of mental health services,
  776  postplacement supervision, permanent foster care, and family
  777  reunification.
  778         Section 11. Section 409.991, Florida Statutes, is amended
  779  to read:
  780         (Substantial rewording of section. See s. 409.991,
  781         F.S., for present text.)
  782         409.991Allocation of funds for community-based care lead
  783  agencies.—
  784         (1)(a)The Legislature finds that there is a need for
  785  accountability across the child welfare system and that the
  786  distribution of equitable funding across the system to
  787  community-based care lead agencies is necessary to ensure the
  788  provision of quality services to all persons being served by the
  789  contracted lead agencies.
  790         (b)It is the intent of the Legislature that the department
  791  calculate funding for lead agencies using a consistent and
  792  equitable allocation formula to ensure the provision of quality
  793  services to all persons being served by the department.
  794         (2)As used in this section, the term:
  795         (a)“Area cost differential” means the district cost
  796  differential as computed in s. 1011.62(2).
  797         (b)“Caseload” is determined by the following factors:
  798         1.For case managers and program support, caseload is the
  799  most recent month-end average of in-home and out-of-home
  800  children using counts from the department’s child welfare
  801  information system for the most recent 24 months.
  802         2.For foster home recruiters and initial licensing staff,
  803  homes needed is the sum of 25 percent of the current homes
  804  licensed using the most recent month data available plus one
  805  third of the total new homes needed.
  806         3.New homes needed is calculated as 1.6 times the current
  807  number of children in foster homes and group homes less the
  808  current number of licensed homes.
  809         4.Homes relicensed is calculated as 75 percent of the
  810  current homes licensed using the most recent month data
  811  available.
  812         5.Removals are the most recent annual average for the
  813  previous 24 months for staff costs, except for the previous 12
  814  months for board costs, including, but not limited to, clothing.
  815         6.The average number of adoptions finalized during the
  816  most recent 24 months.
  817         7.For board, licensed care caseload is the most recent
  818  month-end average of foster home, group home and residential
  819  treatment facility using counts from the department’s child
  820  welfare information system for the most recent 12 months.
  821         (c)“Core plus funds” means:
  822         1.All funds made available in the community-based care
  823  lead agency category of the General Appropriations Act for the
  824  applicable fiscal year. The term does not include funds
  825  appropriated in the community-based care lead agency category of
  826  the General Appropriations Act for the applicable fiscal year
  827  for independent living.
  828         2.All funds allocated by contract with the department to
  829  the lead agency for substance abuse and mental health, or any
  830  funds directly contracted by the department for the sole benefit
  831  of the lead agency.
  832         (d)“Florida funding for children model” means an
  833  allocation model that uses the following factors:
  834         1.Prevention services;
  835         2.Client services;
  836         3.Licensed out-of-home care; and
  837         4.Staffing.
  838         (e)“Group home ceiling” means the difference between the
  839  actual group home average census and the expected group home
  840  census times 50 percent of the average group home board payment.
  841  For purposes of this paragraph:
  842         1.“Actual group home average” means the monthly average
  843  number of children in group care and residential treatment
  844  facilities for the prior 12 months.
  845         2.“Expected group home census” means the total number of
  846  removals for the prior 12 months times 1.4 times the ceiling
  847  percentage. The ceiling percentage is 10 percent for the 2021
  848  2022 fiscal year, 9 percent for the 2022-2023 fiscal year, and 8
  849  percent for the 2023-2024 fiscal year and all subsequent years.
  850         (f)“Optimal funding amount” means 100 percent of the
  851  Florida funding for children model amount as calculated by the
  852  department.
  853         (g)“Prevention services” means any services or costs
  854  incurred to prevent children from entering or re-entering foster
  855  care, or any services provided to the child or the child’s
  856  family or caregiver.
  857         (3)The allocation of core plus funds shall be calculated
  858  based on the total of prevention services, client services,
  859  licensed out-of-home care, and staffing and a comparison of the
  860  total optimal funding amount to the actual allocated funding
  861  amount for the most recent fiscal year used to determine the
  862  percentage of optimal funding the lead agency is currently
  863  receiving.
  864         (a)Prevention services shall be determined by the most
  865  recent fiscal year of prevention spending by the lead agency
  866  plus 10 percent for general and administrative costs.
  867         1.If final expenditure reporting has not yet been
  868  completed, an estimate made to be used for the initial
  869  allocation and final allocations are determined after the
  870  expenditure reporting has been completed.
  871         2.If a lead agency’s board costs from the previous year
  872  are reduced, the savings in board costs may be transferred to
  873  prevention services in the following year and counted towards
  874  prevention spending by the lead agency.
  875         (b)Client services shall be calculated as an average
  876  amount per caseload as determined by the department then
  877  multiplied by the area cost differential. Caseload is determined
  878  by adding together the following:
  879         1.The most recent month-end average of in-home and out-of
  880  home children using counts from the department’s child welfare
  881  information system for the most recent 24 months; and
  882         2.The average annual number of adoption finalizations
  883  calculated based on the most recent 24 months.
  884         (c)Licensed out-of-home care is calculated based on board
  885  costs.
  886         1.Board costs are calculated by multiplying the annual
  887  licensed care caseload times the average board rate plus the
  888  number of annual removals times initial clothing allowance as
  889  determined by the department.
  890         2.The annual licensed care caseload is determined by
  891  adding together the following:
  892         a.The month-end average of foster home, group home and
  893  residential treatment facility using counts from the
  894  department’s child welfare information system for the most
  895  recent 12 months.
  896         b.The estimated number of Level 1 foster homes as
  897  determined by calculating 40 percent of the total relative and
  898  nonrelative placements for the most recent 12 months.
  899         c.The average board rate is the most recent total amount
  900  of full month payments for all items charged for room and board
  901  in the department’s child welfare information system divided by
  902  the number of children included in those payments divided by the
  903  number of days in that month.
  904         (d)Staffing is calculated based on the following:
  905         1.Staffing need as determined by the following defined
  906  ratios:
  907         a.The ratio for case managers as follows:
  908         (I)One case manager per 17 children for the 2020-2021
  909  fiscal year.
  910         (II)One case manager per 16 children for the 2021-2022
  911  fiscal year.
  912         (III)One case manager per 15 children for the 2022-2023
  913  fiscal year.
  914         (IV)One case manager per 14 children for the 2023-2024
  915  fiscal year and all subsequent years.
  916         b.One case manager supervisor per five case managers.
  917         c.One paraprofessional per four case managers.
  918         d.One safety practice expert per lead agency.
  919         e.One other professional staff per lead agency plus 1 per
  920  every 100 case managers, rounded to the nearest whole number.
  921         f.One service coordinator per 20 case managers.
  922         g.One service coordination supervisor per five service
  923  coordinators.
  924         h.One foster home recruiter per every 50 homes needed.
  925         i.One licensing staff:
  926         (I)Per every 16 new homes needed;
  927         (II)Per every 20 homes relicensed; and
  928         (III)Per every 50 Level 1 homes licensed.
  929         j.One placement staff per every 168 removals.
  930         k.One out-of-home care supervisor per every five of the
  931  total number of foster home recruiters and all licensing staff
  932  and placement staff.
  933         l.One adoption staff per every 51.33 adoptions.
  934         m.One adoption supervisor per five adoption staff.
  935         n.One director staff per every five of the total number of
  936  case manager supervisors, service coordination supervisors, out
  937  of-home care supervisors, and adoption supervisors, rounded to
  938  the nearest whole number.
  939         o.One administrative support staff per every four of the
  940  total number of case manager supervisors, service coordination
  941  supervisors, out-of-home care supervisors, and adoption
  942  supervisors.
  943         2.Program support is calculated by multiplying the average
  944  caseload times the Florida average cost per caseload, determined
  945  by the department annually. The caseload is determined by adding
  946  together the following:
  947         a.The most recent month-end average of in-home and out-of
  948  home children using counts from the department’s child welfare
  949  information system for the most recent 24 months.
  950         b.The average annual number of adoption finalizations
  951  calculated based on the most recent 24 months.
  952         3.Area cost differential.
  953         4.Per position costs for all noted staff positions, as
  954  determined by the department annually.
  955         5.General and administrative costs of 10 percent
  956  multiplied by the total staff costs including all items above.
  957         (4)Before full implementation in the 2023-2024 fiscal
  958  year, the department may not reduce or redistribute the
  959  allocation budget for a lead agency that is funded at more than
  960  110 percent of its optimal funding amount.
  961         (5)Unless otherwise specified in the General
  962  Appropriations Act, any new core plus funds shall be allocated
  963  based on the Florida funding for children model to achieve 90
  964  percent or more of optimal funding for all lead agencies.
  965         (6)Unless otherwise specified in the General
  966  Appropriations Act, any new funds for core services shall be
  967  allocated based on the Florida funding for children model.
  968         (7)Beginning with the 2020-2021 fiscal year, any
  969  additional funding provided to lead agencies must be distributed
  970  following the establishment of performance standards and metrics
  971  in accordance with rules adopted by the department. For
  972  subsequent years, any additional funding provided to lead
  973  agencies by the Legislature must be distributed by the
  974  department as follows:
  975         (a)On July 1, 50 percent of the total additional funding
  976  allocated to the lead agency must be distributed.
  977         (b)By January 1, the department must evaluate specified
  978  performance standards and metrics for the lead agency to
  979  determine whether the lead agency’s performance has improved
  980  since the initial funding was distributed on July 1. If the
  981  Office of Quality Assurance and Improvement determines that the
  982  lead agency has improved in performance standards and metrics,
  983  then the remaining funding must be distributed by February 1. If
  984  the lead agency fails to improve performance, then the remaining
  985  funding must be redistributed to other lead agencies as
  986  determined by the Florida funding for children model.
  987         Section 12. Present subsections (2) through (23) of section
  988  409.996, Florida Statutes, are redesignated as subsections (16)
  989  through (37), respectively, new subsections (2) through (15) are
  990  added to that section, and subsection (1) and present
  991  subsections (17) and (21) are amended, to read:
  992         409.996 Duties of the Department of Children and Families.
  993  The department shall contract for the delivery, administration,
  994  or management of care for children in the child protection and
  995  child welfare system. In doing so, the department retains
  996  responsibility for the quality of contracted services and
  997  programs and shall ensure that services are delivered in
  998  accordance with applicable federal and state statutes and
  999  regulations.
 1000         (1) The department shall enter into contracts with lead
 1001  agencies for the performance of the duties by the lead agencies
 1002  pursuant to s. 409.988. At a minimum, the contracts must:
 1003         (a) Provide for the services needed to accomplish the
 1004  duties established in s. 409.988 and provide information to the
 1005  department which is necessary to meet the requirements for a
 1006  quality assurance program pursuant to subsection (32) (18) and
 1007  the child welfare results-oriented accountability system
 1008  pursuant to s. 409.997.
 1009         (b) Provide for graduated penalties for failure to comply
 1010  with contract terms, including the department terminating the
 1011  contract for failure to meet the performance standards and
 1012  metrics set by the department. The performance standards set by
 1013  the department for the lead agencies must, at a minimum, address
 1014  the following areas:
 1015         1.Abuse per 100,000 days in out-of-home care;
 1016         2.Abuse during in-home services;
 1017         3.Children entering care and achieving permanency within
 1018  12 months;
 1019         4.Children in care 12 to 23 months achieving permanency
 1020  within 12 months;
 1021         5.Abuse within 6 months of closure of services;
 1022         6.Children receiving dental services;
 1023         7.Children receiving medical services;
 1024         8.Children under supervision who are seen every 30 days;
 1025         9.Children who do not reenter care within 12 months of
 1026  moving to a permanent home;
 1027         10.Placement moves per 1,000 days in out-of-home care;
 1028         11.Sibling groups where all siblings are placed together;
 1029  and
 1030         12.Young adults aging out and educational achievement.
 1031  
 1032  Such penalties may include financial penalties, enhanced
 1033  monitoring and reporting, corrective action plans, and early
 1034  termination of contracts or other appropriate action to ensure
 1035  contract compliance. The financial penalties shall require a
 1036  lead agency to reallocate funds from administrative costs to
 1037  direct care for children.
 1038         (c) Ensure that the lead agency shall furnish current and
 1039  accurate information on its activities in all cases in client
 1040  case records in the state’s statewide automated child welfare
 1041  information system.
 1042         (d) Specify the procedures to be used by the parties to
 1043  resolve differences in interpreting the contract or to resolve
 1044  disputes as to the adequacy of the parties’ compliance with
 1045  their respective obligations under the contract.
 1046         (2)The department shall provide a grade for each lead
 1047  agency based on the department’s annual review of the agency’s
 1048  compliance with performance standards and metrics.
 1049         (3)A lead agency’s performance shall be graded based on a
 1050  weighted score of its compliance with performance standards and
 1051  metrics using one of the following grades:
 1052         (a)“A,” lead agencies with a weighted score of 4.0 or
 1053  higher.
 1054         (b)“B,” lead agencies with a weighted score of 3.0 to
 1055  3.99.
 1056         (c)“C,” lead agencies with a weighted score of 2.0 to
 1057  2.99.
 1058         (d)“D,” lead agencies with a weighted score of 1.0 to
 1059  1.99.
 1060         (e)“F,” lead agencies with a weighted score of less than
 1061  1.0.
 1062         (4)If the current contract has a renewal option, the
 1063  department shall renew the contract of a lead agency that has
 1064  received an “A” grade for the 2 years immediately preceding the
 1065  renewal date of the contract.
 1066         (5)The department shall develop a multitiered system of
 1067  support and improvement strategies designed to address the low
 1068  performance of a lead agency.
 1069         (6)The department may provide assistance to a lead agency
 1070  for the purpose of meeting performance standards and metrics.
 1071  Assistance may include, but is not limited to, recommendations
 1072  for best practices and implementation of a corrective action
 1073  plan.
 1074         (7)The department shall provide assistance to a lead
 1075  agency that receives a “C” grade or lower on its annual review
 1076  until such time that it has improved to at least a “B” grade.
 1077         (8)For any lead agency that has received a “D” or “F”
 1078  grade, the department shall take immediate action to engage
 1079  stakeholders in a needs assessment to develop a turnaround
 1080  option plan. The turnaround option plan may include, but is not
 1081  limited to, the implementation of corrective actions and best
 1082  practices designed to improve performance. The department must
 1083  review and approve the plan before implementation by the lead
 1084  agency.
 1085         (9)If cancellation of a contract with a lead agency occurs
 1086  in a manner that threatens a lapse in services, the department
 1087  may procure and contract pursuant to s. 287.057(3)(a).
 1088         (10)Upon a lead agency’s receipt of a third consecutive
 1089  “D” grade or lower, the department must initiate proceedings to
 1090  terminate any contract with the lead agency.
 1091         (11)At any time, the secretary may offer resources to a
 1092  lead agency to address any deficiencies in meeting performance
 1093  standards and metrics which directly impact the safety of
 1094  children.
 1095         (12)Notwithstanding subsections (5) through (11), the
 1096  secretary, at his or her discretion, may terminate a contract
 1097  with a lead agency that has received an “F” grade or upon the
 1098  occurrence of an egregious act or omission by the lead agency or
 1099  its subcontractor.
 1100         (13)The lead agency shall pay any federal fines incurred
 1101  by the department as the result of that lead agency’s failure to
 1102  comply with the performance standards and metrics.
 1103         (14)If the lead agency chooses to subcontract any duties
 1104  or services, the lead agency shall retain responsibility for its
 1105  failure to comply with performance standards and metrics.
 1106         (15)The department shall adopt rules to administer
 1107  subsections (2) through (14).
 1108         (31)(17) The department shall directly or through contract
 1109  provide attorneys to prepare and present cases in dependency
 1110  court and shall ensure that the court is provided with adequate
 1111  information for informed decisionmaking in dependency cases,
 1112  including a face sheet for each case which lists the names and
 1113  contact information for any child protective investigator, child
 1114  protective investigation supervisor, case manager, and case
 1115  manager supervisor, and the regional department official
 1116  responsible for the lead agency contract. The department shall
 1117  provide to the court the case information and recommendations
 1118  provided by the lead agency or subcontractor. For the Sixth
 1119  Judicial Circuit, the department shall contract with the state
 1120  attorney for the provision of these services.
 1121         (a)The contracted attorneys shall adopt Florida’s Child
 1122  Welfare Practice Model and operate in accordance with the same
 1123  federal performance standards and metrics regarding child
 1124  welfare and protective investigations imposed on the department.
 1125         (b)Program performance evaluations shall be collaborative
 1126  and conducted on an ongoing basis. The department and each
 1127  contracted attorney or their designee shall meet at least
 1128  quarterly to collaborate on federal and state quality assurance
 1129  and continuous quality improvement initiatives.
 1130         (c)Annual program performance evaluation shall be based on
 1131  criteria developed by the department for use with all children’s
 1132  legal services counsel statewide. The program performance
 1133  evaluation shall be conducted by a team of peer reviewers from
 1134  the respective attorneys’ offices that perform children’s legal
 1135  services and representatives from the department. The program
 1136  performance evaluation shall be standardized using a random
 1137  sample of cases selected by the department. By November 1 of
 1138  each year, the department shall submit an annual report to the
 1139  Governor, the President of the Senate, and the Speaker of the
 1140  House of Representatives regarding quality performance, outcome
 1141  measure attainment, and cost efficiency of contracted attorneys
 1142  who receive general appropriations to provide children’s legal
 1143  services for the department.
 1144         (d)At any time, the secretary may offer resources to a
 1145  contracted attorney to address any performance deficiencies that
 1146  directly impact the safety of children.
 1147         (35)(21) The department shall periodically, and before
 1148  procuring a lead agency, solicit comments and recommendations
 1149  from the community alliance established in s. 20.19(6) s.
 1150  20.19(5), any other community groups, or public hearings. The
 1151  recommendations must include, but are not limited to:
 1152         (a) The current and past performance of a lead agency.
 1153         (b) The relationship between a lead agency and its
 1154  community partners.
 1155         (c) Any local conditions or service needs in child
 1156  protection and child welfare.
 1157         Section 13. Subsection (4) is added to section 409.997,
 1158  Florida Statutes, and subsection (2) of that section is
 1159  republished, to read:
 1160         409.997 Child welfare results-oriented accountability
 1161  program.—
 1162         (2) The purpose of the results-oriented accountability
 1163  program is to monitor and measure the use of resources, the
 1164  quality and amount of services provided, and child and family
 1165  outcomes. The program includes data analysis, research review,
 1166  and evaluation. The program shall produce an assessment of
 1167  individual entities’ performance, as well as the performance of
 1168  groups of entities working together on a local, regional, and
 1169  statewide basis to provide an integrated system of care. Data
 1170  analyzed and communicated through the accountability program
 1171  shall inform the department’s development and maintenance of an
 1172  inclusive, interactive, and evidence-supported program of
 1173  quality improvement which promotes individual skill building as
 1174  well as organizational learning. Additionally, outcome data
 1175  generated by the program may be used as the basis for payment of
 1176  performance incentives if funds for such payments are made
 1177  available through the General Appropriations Act. The
 1178  information compiled and utilized in the accountability program
 1179  must incorporate, at a minimum:
 1180         (a) Valid and reliable outcome measures for each of the
 1181  goals specified in this subsection. The outcome data set must
 1182  consist of a limited number of understandable measures using
 1183  available data to quantify outcomes as children move through the
 1184  system of care. Such measures may aggregate multiple variables
 1185  that affect the overall achievement of the outcome goals. Valid
 1186  and reliable measures must be based on adequate sample sizes, be
 1187  gathered over suitable time periods, and reflect authentic
 1188  rather than spurious results, and may not be susceptible to
 1189  manipulation.
 1190         (b) Regular and periodic monitoring activities that track
 1191  the identified outcome measures on a statewide, regional, and
 1192  provider-specific basis. Monitoring reports must identify trends
 1193  and chart progress toward achievement of the goals specified in
 1194  this subsection. The accountability program may not rank or
 1195  compare performance among community-based care regions unless
 1196  adequate and specific adjustments are adopted which account for
 1197  the diversity in regions’ demographics, resources, and other
 1198  relevant characteristics. The requirements of the monitoring
 1199  program may be incorporated into the department’s quality
 1200  assurance program.
 1201         (c) An analytical framework that builds on the results of
 1202  the outcomes monitoring procedures and assesses the statistical
 1203  validity of observed associations between child welfare
 1204  interventions and the measured outcomes. The analysis must use
 1205  quantitative methods to adjust for variations in demographic or
 1206  other conditions. The analysis must include longitudinal studies
 1207  to evaluate longer term outcomes, such as continued safety,
 1208  family permanence, and transition to self-sufficiency. The
 1209  analysis may also include qualitative research methods to
 1210  provide insight into statistical patterns.
 1211         (d) A program of research review to identify interventions
 1212  that are supported by evidence as causally linked to improved
 1213  outcomes.
 1214         (e) An ongoing process of evaluation to determine the
 1215  efficacy and effectiveness of various interventions. Efficacy
 1216  evaluation is intended to determine the validity of a causal
 1217  relationship between an intervention and an outcome.
 1218  Effectiveness evaluation is intended to determine the extent to
 1219  which the results can be generalized.
 1220         (f) Procedures for making the results of the accountability
 1221  program transparent for all parties involved in the child
 1222  welfare system as well as policymakers and the public, which
 1223  shall be updated at least quarterly and published on the
 1224  department’s website in a manner that allows custom searches of
 1225  the performance data. The presentation of the data shall provide
 1226  a comprehensible, visual report card for the state and each
 1227  community-based care region, indicating the current status of
 1228  the outcomes relative to each goal and trends in that status
 1229  over time. The presentation shall identify and report outcome
 1230  measures that assess the performance of the department, the
 1231  community-based care lead agencies, and their subcontractors
 1232  working together to provide an integrated system of care.
 1233         (g) An annual performance report that is provided to
 1234  interested parties including the dependency judge or judges in
 1235  the community-based care service area. The report shall be
 1236  submitted to the Governor, the President of the Senate, and the
 1237  Speaker of the House of Representatives by October 1 of each
 1238  year.
 1239         (4)Data generated in accordance with this section shall be
 1240  provided directly to the department’s Office of Quality
 1241  Assurance and Improvement in a manner dictated by the
 1242  department. The department shall conduct an onsite program
 1243  performance evaluation of each lead agency at least once per
 1244  year. The department must also have access to make onsite visits
 1245  at its discretion to any provider contracted by the lead agency.
 1246  The onsite evaluation must consist of a review using a random
 1247  sample of cases selected by the department.
 1248         Section 14. Paragraph (t) of subsection (2) of section
 1249  39.202, Florida Statutes, is amended to read:
 1250         39.202 Confidentiality of reports and records in cases of
 1251  child abuse or neglect.—
 1252         (2) Except as provided in subsection (4), access to such
 1253  records, excluding the name of, or other identifying information
 1254  with respect to, the reporter which shall be released only as
 1255  provided in subsection (5), shall be granted only to the
 1256  following persons, officials, and agencies:
 1257         (t) Persons with whom the department is seeking to place
 1258  the child or to whom placement has been granted, including
 1259  foster parents for whom an approved home study has been
 1260  conducted, the designee of a licensed child-caring agency as
 1261  defined in s. 39.01(44) s. 39.01(41), an approved relative or
 1262  nonrelative with whom a child is placed pursuant to s. 39.402,
 1263  preadoptive parents for whom a favorable preliminary adoptive
 1264  home study has been conducted, adoptive parents, or an adoption
 1265  entity acting on behalf of preadoptive or adoptive parents.
 1266         Section 15. Subsections (1) and (19) of section 39.502,
 1267  Florida Statutes, are amended to read:
 1268         39.502 Notice, process, and service.—
 1269         (1) Unless parental rights have been terminated, all
 1270  parents must be notified of all proceedings or hearings
 1271  involving the child. Notice in cases involving shelter hearings
 1272  and hearings resulting from medical emergencies must be that
 1273  most likely to result in actual notice to the parents. In all
 1274  other dependency proceedings, notice must be provided in
 1275  accordance with subsections (4)-(9), except when a relative
 1276  requests notification pursuant to s. 39.301(15)(b) s.
 1277  39.301(14)(b), in which case notice shall be provided pursuant
 1278  to subsection (19).
 1279         (19) In all proceedings and hearings under this chapter,
 1280  the attorney for the department shall notify, orally or in
 1281  writing, a relative requesting notification pursuant to s.
 1282  39.301(15)(b) s. 39.301(14)(b) of the date, time, and location
 1283  of such proceedings and hearings, and notify the relative that
 1284  he or she has the right to attend all subsequent proceedings and
 1285  hearings, to submit reports to the court, and to speak to the
 1286  court regarding the child, if the relative so desires. The court
 1287  has the discretion to release the attorney for the department
 1288  from notifying a relative who requested notification pursuant to
 1289  s. 39.301(15)(b) s. 39.301(14)(b) if the relative’s involvement
 1290  is determined to be impeding the dependency process or
 1291  detrimental to the child’s well-being.
 1292         Section 16. Paragraph (c) of subsection (1) of section
 1293  39.521, Florida Statutes, is amended to read:
 1294         39.521 Disposition hearings; powers of disposition.—
 1295         (1) A disposition hearing shall be conducted by the court,
 1296  if the court finds that the facts alleged in the petition for
 1297  dependency were proven in the adjudicatory hearing, or if the
 1298  parents or legal custodians have consented to the finding of
 1299  dependency or admitted the allegations in the petition, have
 1300  failed to appear for the arraignment hearing after proper
 1301  notice, or have not been located despite a diligent search
 1302  having been conducted.
 1303         (c) When any child is adjudicated by a court to be
 1304  dependent, the court having jurisdiction of the child has the
 1305  power by order to:
 1306         1. Require the parent and, when appropriate, the legal
 1307  guardian or the child to participate in treatment and services
 1308  identified as necessary. The court may require the person who
 1309  has custody or who is requesting custody of the child to submit
 1310  to a mental health or substance abuse disorder assessment or
 1311  evaluation. The order may be made only upon good cause shown and
 1312  pursuant to notice and procedural requirements provided under
 1313  the Florida Rules of Juvenile Procedure. The mental health
 1314  assessment or evaluation must be administered by a qualified
 1315  professional as defined in s. 39.01, and the substance abuse
 1316  assessment or evaluation must be administered by a qualified
 1317  professional as defined in s. 397.311. The court may also
 1318  require such person to participate in and comply with treatment
 1319  and services identified as necessary, including, when
 1320  appropriate and available, participation in and compliance with
 1321  a mental health court program established under chapter 394 or a
 1322  treatment-based drug court program established under s. 397.334.
 1323  Adjudication of a child as dependent based upon evidence of harm
 1324  as defined in s. 39.01(38)(g) s. 39.01(35)(g) demonstrates good
 1325  cause, and the court shall require the parent whose actions
 1326  caused the harm to submit to a substance abuse disorder
 1327  assessment or evaluation and to participate and comply with
 1328  treatment and services identified in the assessment or
 1329  evaluation as being necessary. In addition to supervision by the
 1330  department, the court, including the mental health court program
 1331  or the treatment-based drug court program, may oversee the
 1332  progress and compliance with treatment by a person who has
 1333  custody or is requesting custody of the child. The court may
 1334  impose appropriate available sanctions for noncompliance upon a
 1335  person who has custody or is requesting custody of the child or
 1336  make a finding of noncompliance for consideration in determining
 1337  whether an alternative placement of the child is in the child’s
 1338  best interests. Any order entered under this subparagraph may be
 1339  made only upon good cause shown. This subparagraph does not
 1340  authorize placement of a child with a person seeking custody of
 1341  the child, other than the child’s parent or legal custodian, who
 1342  requires mental health or substance abuse disorder treatment.
 1343         2. Require, if the court deems necessary, the parties to
 1344  participate in dependency mediation.
 1345         3. Require placement of the child either under the
 1346  protective supervision of an authorized agent of the department
 1347  in the home of one or both of the child’s parents or in the home
 1348  of a relative of the child or another adult approved by the
 1349  court, or in the custody of the department. Protective
 1350  supervision continues until the court terminates it or until the
 1351  child reaches the age of 18, whichever date is first. Protective
 1352  supervision shall be terminated by the court whenever the court
 1353  determines that permanency has been achieved for the child,
 1354  whether with a parent, another relative, or a legal custodian,
 1355  and that protective supervision is no longer needed. The
 1356  termination of supervision may be with or without retaining
 1357  jurisdiction, at the court’s discretion, and shall in either
 1358  case be considered a permanency option for the child. The order
 1359  terminating supervision by the department must set forth the
 1360  powers of the custodian of the child and include the powers
 1361  ordinarily granted to a guardian of the person of a minor unless
 1362  otherwise specified. Upon the court’s termination of supervision
 1363  by the department, further judicial reviews are not required if
 1364  permanency has been established for the child.
 1365         4. Determine whether the child has a strong attachment to
 1366  the prospective permanent guardian and whether such guardian has
 1367  a strong commitment to permanently caring for the child.
 1368         Section 17. Subsection (5) of section 39.6011, Florida
 1369  Statutes, is amended to read:
 1370         39.6011 Case plan development.—
 1371         (5) The case plan must describe:
 1372         (a) The role of the foster parents or legal custodians when
 1373  developing the services that are to be provided to the child,
 1374  foster parents, or legal custodians;
 1375         (b) The responsibility of the case manager to forward a
 1376  relative’s request to receive notification of all proceedings
 1377  and hearings submitted pursuant to s. 39.301(15)(b) s.
 1378  39.301(14)(b) to the attorney for the department;
 1379         (c) The minimum number of face-to-face meetings to be held
 1380  each month between the parents and the department’s family
 1381  services counselors to review the progress of the plan, to
 1382  eliminate barriers to progress, and to resolve conflicts or
 1383  disagreements; and
 1384         (d) The parent’s responsibility for financial support of
 1385  the child, including, but not limited to, health insurance and
 1386  child support. The case plan must list the costs associated with
 1387  any services or treatment that the parent and child are expected
 1388  to receive which are the financial responsibility of the parent.
 1389  The determination of child support and other financial support
 1390  shall be made independently of any determination of indigency
 1391  under s. 39.013.
 1392         Section 18. Paragraph (c) of subsection (1) of section
 1393  39.6012, Florida Statutes, is amended to read:
 1394         39.6012 Case plan tasks; services.—
 1395         (1) The services to be provided to the parent and the tasks
 1396  that must be completed are subject to the following:
 1397         (c) If there is evidence of harm as defined in s.
 1398  39.01(38)(g) s. 39.01(35)(g), the case plan must include as a
 1399  required task for the parent whose actions caused the harm that
 1400  the parent submit to a substance abuse disorder assessment or
 1401  evaluation and participate and comply with treatment and
 1402  services identified in the assessment or evaluation as being
 1403  necessary.
 1404         Section 19. Paragraph (g) of subsection (1) of section
 1405  39.701, Florida Statutes, is amended to read:
 1406         39.701 Judicial review.—
 1407         (1) GENERAL PROVISIONS.—
 1408         (g) The attorney for the department shall notify a relative
 1409  who submits a request for notification of all proceedings and
 1410  hearings pursuant to s. 39.301(15)(b) s. 39.301(14)(b). The
 1411  notice shall include the date, time, and location of the next
 1412  judicial review hearing.
 1413         Section 20. Section 39.823, Florida Statutes, is amended to
 1414  read:
 1415         39.823 Guardian advocates for drug dependent newborns.—The
 1416  Legislature finds that increasing numbers of drug dependent
 1417  children are born in this state. Because of the parents’
 1418  continued dependence upon drugs, the parents may temporarily
 1419  leave their child with a relative or other adult or may have
 1420  agreed to voluntary family services under s. 39.301(15) s.
 1421  39.301(14). The relative or other adult may be left with a child
 1422  who is likely to require medical treatment but for whom they are
 1423  unable to obtain medical treatment. The purpose of this section
 1424  is to provide an expeditious method for such relatives or other
 1425  responsible adults to obtain a court order which allows them to
 1426  provide consent for medical treatment and otherwise advocate for
 1427  the needs of the child and to provide court review of such
 1428  authorization.
 1429         Section 21. Subsection (4) of section 322.09, Florida
 1430  Statutes, is amended to read:
 1431         322.09 Application of minors; responsibility for negligence
 1432  or misconduct of minor.—
 1433         (4) Notwithstanding subsections (1) and (2), if a caregiver
 1434  of a minor who is under the age of 18 years and is in out-of
 1435  home care as defined in s. 39.01(58) s. 39.01(55), an authorized
 1436  representative of a residential group home at which such a minor
 1437  resides, the caseworker at the agency at which the state has
 1438  placed the minor, or a guardian ad litem specifically authorized
 1439  by the minor’s caregiver to sign for a learner’s driver license
 1440  signs the minor’s application for a learner’s driver license,
 1441  that caregiver, group home representative, caseworker, or
 1442  guardian ad litem does not assume any obligation or become
 1443  liable for any damages caused by the negligence or willful
 1444  misconduct of the minor by reason of having signed the
 1445  application. Before signing the application, the caseworker,
 1446  authorized group home representative, or guardian ad litem shall
 1447  notify the caregiver or other responsible party of his or her
 1448  intent to sign and verify the application.
 1449         Section 22. Paragraph (b) of subsection (5) of section
 1450  393.065, Florida Statutes, is amended to read:
 1451         393.065 Application and eligibility determination.—
 1452         (5) The agency shall assign and provide priority to clients
 1453  waiting for waiver services in the following order:
 1454         (b) Category 2, which includes individuals on the waiting
 1455  list who are:
 1456         1. From the child welfare system with an open case in the
 1457  Department of Children and Families’ statewide automated child
 1458  welfare information system and who are either:
 1459         a. Transitioning out of the child welfare system at the
 1460  finalization of an adoption, a reunification with family
 1461  members, a permanent placement with a relative, or a
 1462  guardianship with a nonrelative; or
 1463         b. At least 18 years but not yet 22 years of age and who
 1464  need both waiver services and extended foster care services; or
 1465         2. At least 18 years but not yet 22 years of age and who
 1466  withdrew consent pursuant to s. 39.6251(5)(c) to remain in the
 1467  extended foster care system.
 1468  
 1469  For individuals who are at least 18 years but not yet 22 years
 1470  of age and who are eligible under sub-subparagraph 1.b., the
 1471  agency shall provide waiver services, including residential
 1472  habilitation, and the community-based care lead agency shall
 1473  fund room and board at the rate established in s. 409.145(4) and
 1474  provide case management and related services as defined in s.
 1475  409.986(3)(h) s. 409.986(3)(e). Individuals may receive both
 1476  waiver services and services under s. 39.6251. Services may not
 1477  duplicate services available through the Medicaid state plan.
 1478  
 1479  Within categories 3, 4, 5, 6, and 7, the agency shall maintain a
 1480  waiting list of clients placed in the order of the date that the
 1481  client is determined eligible for waiver services.
 1482         Section 23. Paragraph (p) of subsection (4) of section
 1483  394.495, Florida Statutes, is amended to read:
 1484         394.495 Child and adolescent mental health system of care;
 1485  programs and services.—
 1486         (4) The array of services may include, but is not limited
 1487  to:
 1488         (p) Trauma-informed services for children who have suffered
 1489  sexual exploitation as defined in s. 39.01(81)(g) s.
 1490  39.01(77)(g).
 1491         Section 24. Paragraph (a) of subsection (1) of section
 1492  394.674, Florida Statutes, is amended to read:
 1493         394.674 Eligibility for publicly funded substance abuse and
 1494  mental health services; fee collection requirements.—
 1495         (1) To be eligible to receive substance abuse and mental
 1496  health services funded by the department, an individual must be
 1497  a member of at least one of the department’s priority
 1498  populations approved by the Legislature. The priority
 1499  populations include:
 1500         (a) For adult mental health services:
 1501         1. Adults who have severe and persistent mental illness, as
 1502  designated by the department using criteria that include
 1503  severity of diagnosis, duration of the mental illness, ability
 1504  to independently perform activities of daily living, and receipt
 1505  of disability income for a psychiatric condition. Included
 1506  within this group are:
 1507         a. Older adults in crisis.
 1508         b. Older adults who are at risk of being placed in a more
 1509  restrictive environment because of their mental illness.
 1510         c. Persons deemed incompetent to proceed or not guilty by
 1511  reason of insanity under chapter 916.
 1512         d. Other persons involved in the criminal justice system.
 1513         e. Persons diagnosed as having co-occurring mental illness
 1514  and substance abuse disorders.
 1515         2. Persons who are experiencing an acute mental or
 1516  emotional crisis as defined in s. 394.67(18) s. 394.67(17).
 1517         Section 25. Subsection (2) of section 409.987, Florida
 1518  Statutes, is amended to read:
 1519         409.987 Lead agency procurement.—
 1520         (2) The department shall produce a schedule for the
 1521  procurement of community-based care lead agencies and provide
 1522  the schedule to the community alliances established pursuant to
 1523  s. 20.19(6) s. 20.19(5) and post the schedule on the
 1524  department’s website.
 1525         Section 26. Paragraph (c) of subsection (1) of section
 1526  409.988, Florida Statutes, is amended to read:
 1527         409.988 Lead agency duties; general provisions.—
 1528         (1) DUTIES.—A lead agency:
 1529         (c) Shall follow the financial guidelines developed by the
 1530  department and provide for a regular independent auditing of its
 1531  financial activities. Such financial information shall be
 1532  provided to the community alliance established under s. 20.19(6)
 1533  s. 20.19(5).
 1534         Section 27. Section 627.746, Florida Statutes, is amended
 1535  to read:
 1536         627.746 Coverage for minors who have a learner’s driver
 1537  license; additional premium prohibited.—An insurer that issues
 1538  an insurance policy on a private passenger motor vehicle to a
 1539  named insured who is a caregiver of a minor who is under the age
 1540  of 18 years and is in out-of-home care as defined in s.
 1541  39.01(58) s. 39.01(55) may not charge an additional premium for
 1542  coverage of the minor while the minor is operating the insured
 1543  vehicle, for the period of time that the minor has a learner’s
 1544  driver license, until such time as the minor obtains a driver
 1545  license.
 1546         Section 28. Paragraph (c) of subsection (1) of section
 1547  934.255, Florida Statutes, is amended to read:
 1548         934.255 Subpoenas in investigations of sexual offenses.—
 1549         (1) As used in this section, the term:
 1550         (c) “Sexual abuse of a child” means a criminal offense
 1551  based on any conduct described in s. 39.01(81) s. 39.01(77).
 1552         Section 29. Subsection (5) of section 960.065, Florida
 1553  Statutes, is amended to read:
 1554         960.065 Eligibility for awards.—
 1555         (5) A person is not ineligible for an award pursuant to
 1556  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 1557  person is a victim of sexual exploitation of a child as defined
 1558  in s. 39.01(81)(g) s. 39.01(77)(g).
 1559         Section 30. For the purpose of incorporating the amendment
 1560  made by this act to section 39.201, Florida Statutes, in a
 1561  reference thereto, subsection (1) of section 39.302, Florida
 1562  Statutes, is reenacted and amended to read:
 1563         39.302 Protective investigations of institutional child
 1564  abuse, abandonment, or neglect.—
 1565         (1) The department shall conduct a child protective
 1566  investigation of each report of institutional child abuse,
 1567  abandonment, or neglect. Upon receipt of a report that alleges
 1568  that an employee or agent of the department, or any other entity
 1569  or person covered by s. 39.01(40) or (57) s. 39.01(37) or (54),
 1570  acting in an official capacity, has committed an act of child
 1571  abuse, abandonment, or neglect, the department shall initiate a
 1572  child protective investigation within the timeframes timeframe
 1573  established under s. 39.201(5) and notify the appropriate state
 1574  attorney, law enforcement agency, and licensing agency, which
 1575  shall immediately conduct a joint investigation, unless
 1576  independent investigations are more feasible. When conducting
 1577  investigations or having face-to-face interviews with the child,
 1578  investigation visits shall be unannounced unless it is
 1579  determined by the department or its agent that unannounced
 1580  visits threaten the safety of the child. If a facility is exempt
 1581  from licensing, the department shall inform the owner or
 1582  operator of the facility of the report. Each agency conducting a
 1583  joint investigation is entitled to full access to the
 1584  information gathered by the department in the course of the
 1585  investigation. A protective investigation must include an
 1586  interview with the child’s parent or legal guardian. The
 1587  department shall make a full written report to the state
 1588  attorney within 3 working days after making the oral report. A
 1589  criminal investigation shall be coordinated, whenever possible,
 1590  with the child protective investigation of the department. Any
 1591  interested person who has information regarding the offenses
 1592  described in this subsection may forward a statement to the
 1593  state attorney as to whether prosecution is warranted and
 1594  appropriate. Within 15 days after the completion of the
 1595  investigation, the state attorney shall report the findings to
 1596  the department and shall include in the report a determination
 1597  of whether or not prosecution is justified and appropriate in
 1598  view of the circumstances of the specific case.
 1599         Section 31. For the purpose of incorporating the amendment
 1600  made by this act to section 409.997, Florida Statutes, in a
 1601  reference thereto, paragraph (b) of subsection (1) of section
 1602  409.988, Florida Statutes, is reenacted to read:
 1603         409.988 Lead agency duties; general provisions.—
 1604         (1) DUTIES.—A lead agency:
 1605         (b) Shall provide accurate and timely information necessary
 1606  for oversight by the department pursuant to the child welfare
 1607  results-oriented accountability system required by s. 409.997.
 1608         Section 32. For the purpose of incorporating the amendment
 1609  made by this act to section 409.997, Florida Statutes, in a
 1610  reference thereto, paragraph (a) of subsection (1) of section
 1611  409.996, Florida Statutes, is reenacted to read:
 1612         409.996 Duties of the Department of Children and Families.
 1613  The department shall contract for the delivery, administration,
 1614  or management of care for children in the child protection and
 1615  child welfare system. In doing so, the department retains
 1616  responsibility for the quality of contracted services and
 1617  programs and shall ensure that services are delivered in
 1618  accordance with applicable federal and state statutes and
 1619  regulations.
 1620         (1) The department shall enter into contracts with lead
 1621  agencies for the performance of the duties by the lead agencies
 1622  pursuant to s. 409.988. At a minimum, the contracts must:
 1623         (a) Provide for the services needed to accomplish the
 1624  duties established in s. 409.988 and provide information to the
 1625  department which is necessary to meet the requirements for a
 1626  quality assurance program pursuant to subsection (18) and the
 1627  child welfare results-oriented accountability system pursuant to
 1628  s. 409.997.
 1629         Section 33. This act shall take effect July 1, 2020.