The Florida Senate

415.5018  District authority and responsibilities.--

(1)  IMPLEMENTATION.--

(a)  Within existing resources, the department may implement the family services response system in districts using the criteria provided in this section. The secretary or the secretary's designee shall evaluate and select the programs and sites. The initial approval must be made no later than October 1, 1994.

(b)  Districts, with the approval of district health and human services boards and within the intent and purpose of this part, shall have the discretion to determine which services will be available for a family services response system.

(c)  A district, with the approval of the district health and human services board, may develop specific capacity in policy and resources to address the needs of defined priority segments of abuse and neglect reports in the community needing a family services response system approach.

(d)  The department shall develop procedures for assessing and approving a district's policy under this section to determine compliance with the intent and provisions of this part and part IV.

(2)  REQUIREMENTS.--Proposals for family services response systems shall be submitted by the district health and human services boards to the secretary and shall include, at a minimum, the following information and assurances:

(a)  Creation of a local advisory board and process for reviewing specific outcome information on all reports to be handled in a different manner.

(b)  Description of how the family services response system will significantly enhance the district's ability to protect children and preserve families.

(c)  Evidence of balanced representation of community support for the alternative child protection/family preservation demonstration project.

(d)  Evidence as to how the principles of family-centered involvement and support will be implemented in the family services response system.

(e)  Methods for a broadened risk assessment instrument or process to include more factors that evaluate the severity of a report for purposes of determining the appropriate response.

(f)  Description of differential community and departmental responses, including clarifying and strengthening the role of law enforcement and other social service agencies.

(g)  Process for the identification of reports requiring an immediate response, rather than response within 24 hours.

(h)  Assurance that documentation of actions taken on services referrals will be completed.

(i)  Provisions for a simple and straightforward process to reassign reports to different levels of response, based on additional information, findings or facts, changing conditions, or the acceptance of services.

(j)  Assurance that for all cases, case closure will be reported to the ¹central abuse registry and tracking system.

(k)  Mechanism for evaluating the outcomes of the family services response systems.

(3)  CHILD PROTECTIVE INVESTIGATION; COUNTY SHERIFF'S OFFICE OR LOCAL POLICE DEPARTMENT OPTION.--Within existing resources, a district, with the approval of the district health and human services board, and the secretary of the department shall enter into an agreement with a county sheriff's office or local police department that is jurisdictionally responsible to allow such law enforcement entity to assume a lead in conducting any potential criminal investigations as well as partial or full responsibility for conducting certain components of protective investigations under ss. 415.502-415.514 that are related to cases involving a criminal investigation. The written agreement must specify how the requirements of ss. 415.502-415.514 will be met. For the purposes of such agreement, the jurisdictionally responsible law enforcement entity is authorized to share Florida criminal history information that is not otherwise exempt from s. 119.07(1) with the district personnel directly responsible for child protective investigation and emergency child placement. The agencies entering into such agreement must comply with s. 943.0525 to the extent applicable. Criminal justice information provided by such law enforcement entity shall be used only for the purposes specified in the agreement and shall be provided at no charge.

(a)  The agreement between the district and the county sheriff's office or local police department must include the following assurances and information:

1.  Assurance that the county sheriff's office or local police department will be in compliance with the procedural requirements of ss. 415.502-415.514.

2.  Description of a protocol between the district and the county sheriff's office or local police department that at a minimum addresses the following:

a.  Response to reports of abuse and neglect.

b.  Investigations.

c.  Assessment of risk.

d.  Evidence gathering.

e.  Classification of reports.

f.  Appeals of classifications.

g.  Communication and involvement with the state attorney.

h.  Confidentiality of reports and access to information.

i.  Utilization of the child protection team.

j.  Storage and maintenance of records and other information.

3.  Description of the transition of responsibility that assures the integrity and continuity of protective investigations.

4.  Description of any necessary changes to department rules.

(b)  County sheriff's office or local police department personnel assuming responsibility for conducting certain components of protective investigations shall receive training from the department relevant to child protective investigations and services.

(c)  The secretary of the department shall dispose of a proposed agreement by approving or disapproving the agreement between a district and the county sheriff's office or local police department within 60 days after receipt. The secretary may negotiate modifications within this 60-day period.

(4)  FLEXIBILITY AUTHORIZATION.--

(a)  For family services response system proposals that the secretary determines require waiver of federal law, the secretary may submit such waivers to the applicable federal agency.

(b)  The following statutory mandates may not be subject to change or modification as part of a family services response system:

1.  All reports of child abuse, neglect, or abandonment must continue to be received at the ¹central abuse registry and tracking system.

2.  All initial responses must continue to be completed as currently mandated in order to ensure face-to-face contact with the child victim.

3.  The department retains responsibility for notifying the state attorney and law enforcement agency, as required by s. 415.505, immediately upon receipt of a report alleging, or immediately upon learning in the course of providing services, that:

a.  A child died as a result of abuse or neglect;

b.  A child is a victim of aggravated child abuse as defined in s. 827.03;

c.  A child is a victim of sexual battery or of sexual abuse as defined in s. 415.503; or

d.  A child is a victim of institutional abuse as defined in s. 415.503.

(5)  APPROVAL PROCESS.--The secretary shall review the proposals and approve them, disapprove them, or approve them with changes.

(6)  MEASUREMENTS.--Prior to implementing a family services response system, the district health and human services boards shall develop measurable and valid objectives.

History.--s. 3, ch. 93-25; s. 2, ch. 95-228; s. 9, ch. 96-322; s. 14, ch. 97-276; s. 2, ch. 97-299.

¹Note.--Section 43, ch. 95-228, replaced the references to the central abuse registry and tracking system in s. 415.503 with references to a central abuse hotline.