Florida Senate - 2020                                     SB 122
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00200-20                                            2020122__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; providing a short
    3         title; amending s. 25.385, F.S.; requiring the Florida
    4         Court Educational Council to establish certain
    5         standards for instruction of circuit and county court
    6         judges for dependency cases; deleting the definition
    7         of the term “family or household member”; creating s.
    8         39.0142, F.S.; requiring the Department of Law
    9         Enforcement to provide to law enforcement officers
   10         certain information relating to specified individuals;
   11         providing how such information shall be provided to
   12         law enforcement officers; requiring law enforcement
   13         officers and the central abuse hotline to follow
   14         certain procedures relating to specified interactions
   15         with certain persons and how to relay details of such
   16         interactions; amending s. 39.8296, F.S.; requiring
   17         that the guardian ad litem training program include
   18         training on the recognition of and responses to head
   19         trauma and brain injury in specified children;
   20         amending s. 402.402, F.S.; requiring certain entities
   21         to provide training to certain parties on the
   22         recognition of and responses to head trauma and brain
   23         injury in specified children; amending s. 409.988,
   24         F.S.; requiring lead agencies to provide certain
   25         individuals with training on the recognition of and
   26         responses to head trauma and brain injury in specified
   27         children; authorizing lead agencies to provide
   28         intensive family reunification services that combine
   29         child welfare and mental health services to certain
   30         families; amending s. 409.996, F.S.; authorizing the
   31         department and certain lead agencies to create and
   32         implement a program to more effectively provide case
   33         management services for specified children; providing
   34         criteria for selecting judicial circuits for
   35         implementation of the program; specifying requirements
   36         of the program; requiring a report to the Legislature
   37         and Governor under specified conditions; creating s.
   38         943.17298, F.S.; requiring the Criminal Justice
   39         Standards and Training Commission to incorporate
   40         training for specified purposes; requiring law
   41         enforcement officers to complete such training as part
   42         of either basic recruit training or continuing
   43         training or education by a specified date; providing
   44         an effective date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. This act may be cited as “Jordan’s Law.”
   49         Section 2. Section 25.385, Florida Statutes, is amended to
   50  read:
   51         25.385 Standards for instruction of circuit and county
   52  court judges in handling domestic violence cases.—
   53         (1) The Florida Court Educational Council shall establish
   54  standards for instruction of circuit and county court judges who
   55  have responsibility for domestic violence cases, and the council
   56  shall provide such instruction on a periodic and timely basis.
   57         (2) As used in this subsection, section:
   58         (a) the term “domestic violence” has the meaning set forth
   59  in s. 741.28.
   60         (b)“Family or household member” has the meaning set forth
   61  in s. 741.28.
   62         (2)The Florida Court Educational Council shall establish
   63  standards for instruction of circuit and county court judges who
   64  have responsibility for dependency cases regarding the
   65  recognition of and responses to head trauma and brain injury in
   66  a child under 6 years of age. The council shall provide such
   67  instruction on a periodic and timely basis.
   68         Section 3. Section 39.0142, Florida Statutes, is created to
   69  read:
   70         39.0142Notifying law enforcement officers of parent or
   71  caregiver names.—The Department of Law Enforcement shall provide
   72  to a law enforcement officer information stating whether a
   73  person is a parent or caregiver who is currently the subject of
   74  a child protective investigation for alleged child abuse,
   75  abandonment, or neglect or is a parent or caregiver of a child
   76  who has been allowed to return to or remain in the home under
   77  judicial supervision after an adjudication of dependency. This
   78  information shall be provided via a Florida Crime Information
   79  Center query into the department’s child protection database.
   80         (1)If a law enforcement officer has an interaction with a
   81  parent or caregiver as described in this section and the
   82  interaction results in the officer having concern about a
   83  child’s health, safety, or well-being, the officer shall report
   84  relevant details of the interaction to the central abuse hotline
   85  immediately after the interaction even if the requirements of s.
   86  39.201, relating to a person having actual knowledge or
   87  suspicion of abuse, abandonment, or neglect, are not met.
   88         (2)The central abuse hotline shall provide any relevant
   89  information to:
   90         (a)The child protective investigator, if the parent or
   91  caregiver is the subject of a child protective investigation; or
   92         (b)The child’s case manager and the attorney representing
   93  the department, if the parent or caregiver has a child under
   94  judicial supervision after an adjudication of dependency.
   95         Section 4. Paragraph (b) of subsection (2) of section
   96  39.8296, Florida Statutes, is amended to read:
   97         39.8296 Statewide Guardian Ad Litem Office; legislative
   98  findings and intent; creation; appointment of executive
   99  director; duties of office.—
  100         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
  101  Statewide Guardian Ad Litem Office within the Justice
  102  Administrative Commission. The Justice Administrative Commission
  103  shall provide administrative support and service to the office
  104  to the extent requested by the executive director within the
  105  available resources of the commission. The Statewide Guardian Ad
  106  Litem Office shall not be subject to control, supervision, or
  107  direction by the Justice Administrative Commission in the
  108  performance of its duties, but the employees of the office shall
  109  be governed by the classification plan and salary and benefits
  110  plan approved by the Justice Administrative Commission.
  111         (b) The Statewide Guardian Ad Litem Office shall, within
  112  available resources, have oversight responsibilities for and
  113  provide technical assistance to all guardian ad litem and
  114  attorney ad litem programs located within the judicial circuits.
  115         1. The office shall identify the resources required to
  116  implement methods of collecting, reporting, and tracking
  117  reliable and consistent case data.
  118         2. The office shall review the current guardian ad litem
  119  programs in Florida and other states.
  120         3. The office, in consultation with local guardian ad litem
  121  offices, shall develop statewide performance measures and
  122  standards.
  123         4. The office shall develop a guardian ad litem training
  124  program, which shall include, but not be limited to, training on
  125  the recognition of and responses to head trauma and brain injury
  126  in a child under 6 years of age. The office shall establish a
  127  curriculum committee to develop the training program specified
  128  in this subparagraph. The curriculum committee shall include,
  129  but not be limited to, dependency judges, directors of circuit
  130  guardian ad litem programs, active certified guardians ad litem,
  131  a mental health professional who specializes in the treatment of
  132  children, a member of a child advocacy group, a representative
  133  of the Florida Coalition Against Domestic Violence, and a social
  134  worker experienced in working with victims and perpetrators of
  135  child abuse.
  136         5. The office shall review the various methods of funding
  137  guardian ad litem programs, shall maximize the use of those
  138  funding sources to the extent possible, and shall review the
  139  kinds of services being provided by circuit guardian ad litem
  140  programs.
  141         6. The office shall determine the feasibility or
  142  desirability of new concepts of organization, administration,
  143  financing, or service delivery designed to preserve the civil
  144  and constitutional rights and fulfill other needs of dependent
  145  children.
  146         7. In an effort to promote normalcy and establish trust
  147  between a court-appointed volunteer guardian ad litem and a
  148  child alleged to be abused, abandoned, or neglected under this
  149  chapter, a guardian ad litem may transport a child. However, a
  150  guardian ad litem volunteer may not be required or directed by
  151  the program or a court to transport a child.
  152         8. The office shall submit to the Governor, the President
  153  of the Senate, the Speaker of the House of Representatives, and
  154  the Chief Justice of the Supreme Court an interim report
  155  describing the progress of the office in meeting the goals as
  156  described in this section. The office shall submit to the
  157  Governor, the President of the Senate, the Speaker of the House
  158  of Representatives, and the Chief Justice of the Supreme Court a
  159  proposed plan including alternatives for meeting the state’s
  160  guardian ad litem and attorney ad litem needs. This plan may
  161  include recommendations for less than the entire state, may
  162  include a phase-in system, and shall include estimates of the
  163  cost of each of the alternatives. Each year the office shall
  164  provide a status report and provide further recommendations to
  165  address the need for guardian ad litem services and related
  166  issues.
  167         Section 5. Subsections (2) and (4) of section 402.402,
  168  Florida Statutes, are amended to read:
  169         402.402 Child protection and child welfare personnel;
  170  attorneys employed by the department.—
  171         (2) SPECIALIZED TRAINING.—All child protective
  172  investigators and child protective investigation supervisors
  173  employed by the department or a sheriff’s office must complete
  174  the following specialized training:
  175         (a)Training on the recognition of and responses to head
  176  trauma and brain injury in a child under 6 years of age.
  177         (b)Training that is either focused on serving a specific
  178  population, including, but not limited to, medically fragile
  179  children, sexually exploited children, children under 3 years of
  180  age, or families with a history of domestic violence, mental
  181  illness, or substance abuse, or focused on performing certain
  182  aspects of child protection practice, including, but not limited
  183  to, investigation techniques and analysis of family dynamics.
  184  The specialized training may be used to fulfill continuing
  185  education requirements under s. 402.40(3)(e). Individuals hired
  186  before July 1, 2014, shall complete the specialized training by
  187  June 30, 2016, and individuals hired on or after July 1, 2014,
  188  shall complete the specialized training within 2 years after
  189  hire. An individual may receive specialized training in multiple
  190  areas.
  191         (4) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD
  192  WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
  193  primary responsibility is representing the department in child
  194  welfare cases shall, within the first 6 months of employment,
  195  receive training in all of the following:
  196         (a) The dependency court process, including the attorney’s
  197  role in preparing and reviewing documents prepared for
  198  dependency court for accuracy and completeness.;
  199         (b) Preparing and presenting child welfare cases, including
  200  at least 1 week shadowing an experienced children’s legal
  201  services attorney preparing and presenting cases.;
  202         (c) Safety assessment, safety decisionmaking tools, and
  203  safety plans.;
  204         (d) Developing information presented by investigators and
  205  case managers to support decisionmaking in the best interest of
  206  children.; and
  207         (e) The experiences and techniques of case managers and
  208  investigators, including shadowing an experienced child
  209  protective investigator and an experienced case manager for at
  210  least 8 hours.
  211         (f)The recognition of and responses to head trauma and
  212  brain injury in a child under 6 years of age.
  213         Section 6. Paragraph (f) of subsection (1) and subsection
  214  (3) of section 409.988, Florida Statutes, are amended to read:
  215         409.988 Lead agency duties; general provisions.—
  216         (1) DUTIES.—A lead agency:
  217         (f) Shall ensure that all individuals providing care for
  218  dependent children receive appropriate training and meet the
  219  minimum employment standards established by the department.
  220  Appropriate training shall include, but is not limited to,
  221  training on the recognition of and responses to head trauma and
  222  brain injury in a child under 6 years of age.
  223         (3) SERVICES.—A lead agency must provide dependent children
  224  with services that are supported by research or that are
  225  recognized as best practices in the child welfare field. The
  226  agency shall give priority to the use of services that are
  227  evidence-based and trauma-informed and may also provide other
  228  innovative services, including, but not limited to, family
  229  centered and cognitive-behavioral interventions designed to
  230  mitigate out-of-home placements and intensive family
  231  reunification services that combine child welfare and mental
  232  health services for families with dependent children under 6
  233  years of age.
  234         Section 7. Subsection (24) is added to section 409.996,
  235  Florida Statutes, to read:
  236         409.996 Duties of the Department of Children and Families.
  237  The department shall contract for the delivery, administration,
  238  or management of care for children in the child protection and
  239  child welfare system. In doing so, the department retains
  240  responsibility for the quality of contracted services and
  241  programs and shall ensure that services are delivered in
  242  accordance with applicable federal and state statutes and
  243  regulations.
  244         (24)The department, in collaboration with the lead
  245  agencies serving the judicial circuits selected in paragraph
  246  (a), may create and implement a program to more effectively
  247  provide case management services for dependent children under 6
  248  years of age.
  249         (a)If the program is created, the department shall select
  250  up to three judicial circuits in which to develop and implement
  251  a program under this subsection, with priority given to a
  252  circuit that has a high removal rate, significant case
  253  management turnover rate, and the highest numbers of children in
  254  out-of-home care or a significant increase in the number of
  255  children in out-of-home care over the last 3 fiscal years.
  256         (b)If the program is created, it shall:
  257         1.Include caseloads for dependency case managers comprised
  258  solely of children who are under 6 years of age, except as
  259  provided in paragraph (c). The maximum caseload for a case
  260  manager shall be no more than 15 children if possible.
  261         2.Include case managers who are trained specifically in:
  262         a.Critical child development for children under 6 years of
  263  age.
  264         b.Specific practices of child care for children under 6
  265  years of age.
  266         c.The scope of community resources available to children
  267  under 6 years of age.
  268         d.Working with a parent or caregiver and assisting him or
  269  her in developing the skills necessary to care for the health,
  270  safety, and well-being of a child under 6 years of age.
  271         (c)If a child being served through the program has a
  272  dependent sibling, the sibling may be assigned to the same case
  273  manager as the child being served through the program; however,
  274  each sibling counts toward the case manager’s maximum caseload
  275  as provided under paragraph (b).
  276         (d)If the program is created, the department shall
  277  evaluate the permanency, safety, and well-being of children
  278  being served through the program and submit a report to the
  279  Governor, the President of the Senate, and the Speaker of the
  280  House of Representatives by October 1, 2025, detailing its
  281  findings.
  282         Section 8. Section 943.17298, Florida Statutes, is created
  283  to read:
  284         943.17298Training in the recognition of and responses to
  285  head trauma and brain injury.—The commission shall establish
  286  standards for the instruction of law enforcement officers in the
  287  subject of recognition of and responses to head trauma and brain
  288  injury in a child under 6 years of age to aid an officer in the
  289  detection of head trauma and brain injury due to child abuse.
  290  Each law enforcement officer must successfully complete the
  291  training as part of the basic recruit training for a law
  292  enforcement officer, as required under s. 943.13(9), or as a
  293  part of continuing training or education required under s.
  294  943.135(1) before July 1, 2022.
  295         Section 9. This act shall take effect July 1, 2020.