Florida Senate - 2025                   (PROPOSED BILL) SPB 7012
       
       
        
       FOR CONSIDERATION By the Committee on Children, Families, and
       Elder Affairs
       
       
       
       
       586-00747C-25                                         20257012pb
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.524,
    3         F.S.; requiring the Department of Children and
    4         Families to provide specified assessment data to the
    5         Legislature as part of a certain annual report
    6         relating to the commercial sexual exploitation of
    7         children; requiring the department to maintain certain
    8         related data in a specified format; amending s.
    9         402.402, F.S.; requiring the department to develop a
   10         child protective investigator and case manager
   11         recruitment program for a specified purpose;
   12         specifying requirements for the program; specifying
   13         duties of the department under the program, to be
   14         completed in collaboration with community-based care
   15         lead agencies; authorizing the department to adopt
   16         rules to implement the program; amending s. 409.996,
   17         F.S.; subject to an appropriation and beginning on a
   18         specified date, requiring the department to develop a
   19         4-year pilot program for treatment foster care;
   20         requiring the department to implement the pilot
   21         program by a specified date; requiring the department
   22         to implement and operate the pilot program and
   23         coordinate with community-based care lead agencies for
   24         specified purposes; requiring community-based care
   25         lead agencies to work with the department in
   26         recruiting licensed providers and identifying eligible
   27         participants in the program; limiting participation in
   28         the pilot program to children meeting specified
   29         criteria; requiring the department to identify two
   30         judicial circuits determined to have the greatest need
   31         for implementation of such a program; requiring the
   32         department to arrange for an independent evaluation of
   33         the pilot program to make specified determinations;
   34         requiring the department to establish certain minimum
   35         standards for the pilot program; requiring the
   36         department, by a specified date, to submit a final
   37         report to the Governor and the Legislature which
   38         includes specified evaluations, findings, and
   39         recommendations; requiring the department to convene a
   40         case management workforce workgroup by a specified
   41         date; providing for membership of the workgroup;
   42         specifying duties of the workgroup, to be completed in
   43         collaboration with the Florida Institute for Child
   44         Welfare; providing for meetings of the workgroup;
   45         providing for the operation of the workgroup until a
   46         specified date; requiring the workgroup to draft and
   47         submit a report to the Governor and the Legislature by
   48         a specified date; providing requirements for the
   49         report; requiring the department to contract for a
   50         detailed study of certain services for child victims
   51         of commercial sexual exploitation; requiring that the
   52         study be completed by a specified date; providing
   53         requirements for the study; providing effective dates.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Subsection (3) of section 39.524, Florida
   58  Statutes, is amended to read:
   59         39.524 Safe-harbor placement.—
   60         (3)(a) By October 1 of each year, the department, with
   61  information from community-based care agencies, shall report to
   62  the Legislature on the prevalence of child commercial sexual
   63  exploitation of children; the specialized services provided and
   64  placement of such children; the local service capacity assessed
   65  pursuant to s. 409.1754; the placement of children in safe
   66  houses and safe foster homes during the year, including the
   67  criteria used to determine the placement of children; the number
   68  of children who were evaluated for placement; the number of
   69  children who were placed based upon the evaluation; the number
   70  of children who were not placed; and the department’s response
   71  to the findings and recommendations made by the Office of
   72  Program Policy Analysis and Government Accountability in its
   73  annual study on commercial sexual exploitation of children, as
   74  required by s. 409.16791; and shall also provide to the
   75  Legislature the redacted assessments for children who are
   76  assessed for such placement.
   77         (b) The department shall maintain individual-level data of
   78  all children assessed for placement in a safe house or safe
   79  foster home and use this data to produce information that
   80  specifies specifying the number of children who were verified as
   81  victims of commercial sexual exploitation, who were referred to
   82  nonresidential services in the community, who were placed in a
   83  safe house or safe foster home, and who were referred to a safe
   84  house or safe foster home for whom placement was unavailable,
   85  and shall identify the counties in which such placement was
   86  unavailable. The department shall include this data in its
   87  report under this subsection so that the Legislature may
   88  consider this information in developing the General
   89  Appropriations Act. The department shall maintain collected
   90  individual-level data in a format that allows for extraction and
   91  analysis of anonymized individual-level and aggregate data upon
   92  request by the Legislature.
   93         Section 2. Present subsections (4) and (5) of section
   94  402.402, Florida Statutes, are redesignated as subsections (5)
   95  and (6), respectively, and a new subsection (4) is added to that
   96  section, to read:
   97         402.402 Child protection and child welfare personnel;
   98  attorneys employed by the department.—
   99         (4)RECRUITMENT PROGRAM.—The department shall develop and
  100  implement a child protective investigator and case manager
  101  recruitment program for the purpose of recruiting individuals
  102  who have previously held public safety and service positions,
  103  such as former law enforcement officers, first responders,
  104  military servicemembers, teachers, health care practitioners,
  105  and emergency management professionals. This recruitment program
  106  must focus on the education and recruitment of individuals who
  107  have held positions of public trust and who wish to further
  108  serve their communities as child welfare personnel.
  109         (a) The department, in collaboration with community-based
  110  care lead agencies, shall:
  111         1. Develop information pertaining to employment
  112  opportunities, application procedures, and training requirements
  113  for employment within the child welfare system and distribute
  114  that information to individuals who have previously held public
  115  safety and service positions.
  116         2. Develop and implement an employment referral system with
  117  lead agencies for the case management population.
  118         3. Collect the following information quarterly:
  119         a.The total number of individuals who sought information
  120  from the program; were hired by the department as child
  121  protective investigators; were referred by the program to a lead
  122  agency for case management positions; and, based upon a referral
  123  by the program, were hired by the lead agency as a case manager;
  124  and
  125         b.The overall turnover rate for child protective
  126  investigators and case managers compared to the turnover rate
  127  for child protective investigators and case managers hired based
  128  upon this program.
  129         (b) The department may adopt rules to implement this
  130  subsection.
  131         Section 3. Subsection (27) is added to section 409.996,
  132  Florida Statutes, to read:
  133         409.996 Duties of the Department of Children and Families.
  134  The department shall contract for the delivery, administration,
  135  or management of care for children in the child protection and
  136  child welfare system. In doing so, the department retains
  137  responsibility for the quality of contracted services and
  138  programs and shall ensure that, at a minimum, services are
  139  delivered in accordance with applicable federal and state
  140  statutes and regulations and the performance standards and
  141  metrics specified in the strategic plan created under s.
  142  20.19(1).
  143         (27)(a)Subject to appropriation, beginning July 1, 2025,
  144  the department shall develop a 4-year pilot program of treatment
  145  foster care, or a substantially similar evidence-based program
  146  of professional foster care. The department shall implement the
  147  pilot program by January 1, 2026.
  148         (b) The department shall implement and operate the pilot
  149  program and coordinate with community-based care lead agencies
  150  to develop a process for the placement of children in treatment
  151  foster care homes and deliver payment to the licensed providers
  152  operating the pilot treatment foster care homes.
  153         (c) Community-based care lead agencies shall work with the
  154  department to recruit individuals and families as licensed
  155  providers and identify potential eligible children for placement
  156  in the pilot treatment foster care homes.
  157         (d)Participation in the pilot program is limited to
  158  children who:
  159         1. Are entering or continuing in foster care with high
  160  resource indicators, as determined by the department. These high
  161  resource indicators may include, but not be limited to, the
  162  potential for frequent placement change due to current or past
  163  behavior or Department of Juvenile Justice involvement; or
  164         2. Are dependent and will require continued placement in
  165  foster care after discharge from inpatient residential
  166  treatment.
  167         (e)The department shall identify two judicial circuits
  168  within which the pilot program will be implemented. The
  169  department shall use relevant removal and placement data to
  170  identify areas with the greatest need for such a program.
  171         (f) The department shall arrange for an independent
  172  evaluation of the pilot program to determine whether:
  173         1.The pilot program is maintaining children in the least
  174  restrictive and most appropriate family-like setting near the
  175  child’s home while they are in department care; and
  176         2.There is a long-term cost benefit associated with
  177  continuation and expansion of a treatment or professional foster
  178  care program.
  179         (g)The department shall establish standards for the pilot
  180  program. Those standards must, at a minimum, ensure:
  181         1.That placement of a child in a pilot treatment foster
  182  care home is a temporary holistic treatment option and may not
  183  exceed 9 months. A one-time 3-month extension may be granted if
  184  the department determines that the child is not ready for
  185  discharge from treatment foster care at 9 months;
  186         2.Development and implementation of specialized training
  187  for treatment foster parents in care coordination, de
  188  escalation, crisis management, and other identified relevant
  189  skills needed to care for children with high behavioral health
  190  needs that cannot be or have not been met in traditional foster
  191  care placements;
  192         3.No more than two eligible children are placed at any
  193  time in a pilot treatment foster care home;
  194         4.At least one foster parent with specialized training is
  195  available and dedicated to the care and treatment of placed
  196  children; and
  197         5.A 24 hour on-call crisis person is available to provide
  198  in-home crisis intervention and placement stabilization services
  199  to the child and family.
  200         (h) The department shall submit a final report by January
  201  1, 2030, to the Governor, the President of the Senate, and the
  202  Speaker of the House of Representatives, including the
  203  independent evaluation, the department’s findings and
  204  evaluation, recommendations as to whether the pilot program
  205  should be continued and expanded statewide, and, if so, fiscal
  206  and policy recommendations to ensure effective expansion and
  207  continued operation of the program.
  208         Section 4. Effective upon this act becoming a law, the
  209  Department of Children and Families shall convene a case
  210  management workforce workgroup by July 1, 2025. The workgroup
  211  shall be composed of persons with subject-matter expertise in
  212  case management and child welfare policy.
  213         (1) The department shall ensure the workgroup has at least
  214  two representatives with subject matter expertise in case
  215  management from each of the following:
  216         (a) The Department of Children and Families.
  217         (b) Community-based care lead agencies.
  218         (c) Contracted case management organizations.
  219         (2)In collaboration with the Florida Institute for Child
  220  Welfare, the workgroup shall do all of the following:
  221         (a) Review and analyze existing statutes, rules, operating
  222  procedures, and federal requirements related to the provision of
  223  case management.
  224         (b) Review and analyze legislative changes related to case
  225  management processes during the preceding 10 years and the
  226  impact that those changes have had on workload and workforce.
  227         (c) Gather statewide data to assess all of the following:
  228         1. Compliance with statutory requirements.
  229         2. Variations in case management practice.
  230         3.Current workforce capacity.
  231         4. Barriers to successful implementation of any statutes,
  232  rules, and operating procedures.
  233         (d) Solicit insight from stakeholders, including frontline
  234  workers, supervisors, and administrators, regarding challenges
  235  and potential solutions.
  236         (e) Analyze findings of the work conducted under paragraphs
  237  (a)-(d) to:
  238         1. Identify any needed statutory changes;
  239         2.Evaluate whether the current structure, processes, and
  240  requirements of statute, rule, and operating procedure are
  241  duplicative or unworkable; and
  242         3. Evaluate how well case managers are implementing policy.
  243         (f) Develop clear and actionable recommendations to
  244  streamline, clarify, standardize, and implement case management
  245  processes and practices that address workforce retention and
  246  allow for local community innovation.
  247         (3) The workgroup shall meet as often as necessary to carry
  248  out these duties and responsibilities and shall operate until
  249  December 1, 2025, by which time it shall submit a report to the
  250  Governor, the President of the Senate, and the Speaker of the
  251  House of Representatives which summarizes its work, describes
  252  and details its analysis of data, and recommends clear
  253  actionable policy.
  254         Section 5. Effective upon this act becoming a law, the
  255  Department of Children and Families shall contract for a
  256  detailed study of bed capacity for residential treatment
  257  services and a gap analysis of nonresidential treatment services
  258  for child victims of commercial sexual exploitation identified
  259  by the child welfare systems of care and those not involved in
  260  the child welfare systems of care. The study must include
  261  analyses of current capacity, current and projected future
  262  demand, and the state’s current and projected future ability to
  263  meet that demand. The study must be completed by December 31,
  264  2025, and must, at a minimum, include all of the following:
  265         (1)By department region, the current number of residential
  266  treatment beds in safe homes for treatment of child victims of
  267  commercial sexual exploitation, the number of individuals
  268  admitted and discharged annually, the types and frequency of
  269  diagnoses, and the lengths of stays.
  270         (2)By department region, the current number of specialized
  271  safe therapeutic foster home placements for child victims of
  272  commercial sexual exploitation, the number of placements
  273  annually, and the lengths of stays.
  274         (3)By department region, an analysis of nonresidential
  275  treatment services for child victims of commercial sexual
  276  exploitation and the utilization of such services.
  277         (4)Policy recommendations for ensuring sufficient bed
  278  capacity for residential treatment beds, ensuring specialized
  279  safe therapeutic foster home placements, and enhancing services
  280  for child victims of commercial sexual exploitation which could
  281  prevent the need for residential treatment beds.
  282         Section 6. Except as otherwise expressly provided in this
  283  act and except for this section, which shall take effect upon
  284  this act becoming a law, this act shall take effect July 1,
  285  2025.