Bill Text: FL S0634 | 2019 | Regular Session | Comm Sub
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations [S0634 Detail]
Download: Florida-2019-S0634-Comm_Sub.html
Florida Senate - 2019 CS for SB 634
By the Committee on Children, Families, and Elder Affairs; and
Senators Rouson, Berman, and Perry
586-03713-19 2019634c1
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; creating s. 39.0142,
7 F.S.; requiring the Department of Law Enforcement to
8 provide certain information to law enforcement
9 officers relating to specified individuals; providing
10 how such information shall be provided to law
11 enforcement officers; providing requirements for law
12 enforcement officers and the central abuse hotline
13 relating to specified interactions with certain
14 persons and how to relay details of such interactions;
15 amending s. 39.8296, F.S.; requiring that the guardian
16 ad litem training program include training on the
17 recognition of and responses to head trauma and brain
18 injury in children younger than a specified age;
19 amending s. 402.402, F.S.; requiring certain
20 investigators, supervisors, and attorneys to complete
21 training on the recognition of and responses to head
22 trauma and brain injury in specified children;
23 amending s. 409.988, F.S.; requiring lead agencies to
24 provide certain individuals with training on the
25 recognition of and responses to head trauma and brain
26 injury in specified children; authorizing lead
27 agencies to provide intensive family reunification
28 services that combine child welfare and mental health
29 services to certain families; amending s. 409.996,
30 F.S.; requiring the department and certain lead
31 agencies to create and implement a program to more
32 effectively provide case management services to
33 specified children; providing criteria for selecting
34 judicial circuits for participation the program;
35 specifying requirements of the program; requiring the
36 Department of Children and families to evaluate the
37 effectiveness of the program and submit a report to
38 the Legislature and Governor by a specified date;
39 creating s. 943.17297, F.S.; requiring the Criminal
40 Justice Standards and Training Commission to
41 incorporate specified training for law enforcement
42 officers; requiring law enforcement officers, as of a
43 specified date, to successfully complete such training
44 as part of basic recruit training or continuing
45 training or education; providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. This act may be cited as “Jordan’s Law.”
50 Section 2. Section 25.385, Florida Statutes, is amended to
51 read:
52 25.385 Standards for instruction of circuit and county
53 court judges in handling domestic violence cases.—
54 (1) The Florida Court Educational Council shall establish
55 standards for instruction of circuit and county court judges who
56 have responsibility for domestic violence cases, and the council
57 shall provide such instruction on a periodic and timely basis.
58 (2) As used in this subsection, section:
59 (a) the term “domestic violence” has the meaning set forth
60 in s. 741.28.
61 (b) “Family or household member” has the meaning set forth
62 in s. 741.28.
63 (2) The Florida Court Educational Council shall establish
64 standards for instruction of circuit and county court judges who
65 have responsibility for dependency cases regarding the
66 recognition of and responses to head trauma and brain injury in
67 a child under 6 years of age. The council shall provide such
68 instruction on a periodic and timely basis.
69 Section 3. Section 39.0142, Florida Statutes, is created to
70 read:
71 39.0142 Notifying law enforcement officers of parent or
72 caregiver names.—The Department of Law Enforcement shall provide
73 information to a law enforcement officer stating whether a
74 person is a parent or caregiver who is currently the subject of
75 a child protective investigation for alleged child abuse,
76 abandonment, or neglect or is a parent or caregiver of a child
77 who has been allowed to return to or remain in the home under
78 judicial supervision after an adjudication of dependency. This
79 information shall be provided via a Florida Crime Information
80 Center query into the department’s child protection database.
81 (1) If a law enforcement officer has an interaction with a
82 parent or caregiver as described in this section and the
83 interaction results in the officer having a concern about a
84 child’s health, safety, or well-being, the law enforcement
85 officer shall report the relevant details of the interaction to
86 the central abuse hotline immediately after the interaction even
87 if the requirements of s. 39.201, relating to reporting of
88 knowledge or suspicion of abuse, abandonment, or neglect, are
89 not met.
90 (2) The central abuse hotline shall provide any relevant
91 information to:
92 (a) The child protective investigator, if the parent or
93 caregiver is the subject of a child protective investigation; or
94 (b) The child’s case manager and the attorney representing
95 the department, if the parent or caregiver has a child under
96 judicial supervision after an adjudication of dependency.
97 Section 4. Paragraph (b) of subsection (2) of section
98 39.8296, Florida Statutes, is amended to read:
99 39.8296 Statewide Guardian Ad Litem Office; legislative
100 findings and intent; creation; appointment of executive
101 director; duties of office.—
102 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
103 Statewide Guardian Ad Litem Office within the Justice
104 Administrative Commission. The Justice Administrative Commission
105 shall provide administrative support and service to the office
106 to the extent requested by the executive director within the
107 available resources of the commission. The Statewide Guardian Ad
108 Litem Office shall not be subject to control, supervision, or
109 direction by the Justice Administrative Commission in the
110 performance of its duties, but the employees of the office shall
111 be governed by the classification plan and salary and benefits
112 plan approved by the Justice Administrative Commission.
113 (b) The Statewide Guardian Ad Litem Office shall, within
114 available resources, have oversight responsibilities for and
115 provide technical assistance to all guardian ad litem and
116 attorney ad litem programs located within the judicial circuits.
117 1. The office shall identify the resources required to
118 implement methods of collecting, reporting, and tracking
119 reliable and consistent case data.
120 2. The office shall review the current guardian ad litem
121 programs in Florida and other states.
122 3. The office, in consultation with local guardian ad litem
123 offices, shall develop statewide performance measures and
124 standards.
125 4. The office shall develop a guardian ad litem training
126 program, which shall include, but not be limited to, training on
127 the recognition of and responses to head trauma and brain injury
128 in a child under 6 years of age. The office shall establish a
129 curriculum committee to develop the training program specified
130 in this subparagraph. The curriculum committee shall include,
131 but not be limited to, dependency judges, directors of circuit
132 guardian ad litem programs, active certified guardians ad litem,
133 a mental health professional who specializes in the treatment of
134 children, a member of a child advocacy group, a representative
135 of the Florida Coalition Against Domestic Violence, and a social
136 worker experienced in working with victims and perpetrators of
137 child abuse.
138 5. The office shall review the various methods of funding
139 guardian ad litem programs, shall maximize the use of those
140 funding sources to the extent possible, and shall review the
141 kinds of services being provided by circuit guardian ad litem
142 programs.
143 6. The office shall determine the feasibility or
144 desirability of new concepts of organization, administration,
145 financing, or service delivery designed to preserve the civil
146 and constitutional rights and fulfill other needs of dependent
147 children.
148 7. In an effort to promote normalcy and establish trust
149 between a court-appointed volunteer guardian ad litem and a
150 child alleged to be abused, abandoned, or neglected under this
151 chapter, a guardian ad litem may transport a child. However, a
152 guardian ad litem volunteer may not be required or directed by
153 the program or a court to transport a child.
154 8. The office shall submit to the Governor, the President
155 of the Senate, the Speaker of the House of Representatives, and
156 the Chief Justice of the Supreme Court an interim report
157 describing the progress of the office in meeting the goals as
158 described in this section. The office shall submit to the
159 Governor, the President of the Senate, the Speaker of the House
160 of Representatives, and the Chief Justice of the Supreme Court a
161 proposed plan including alternatives for meeting the state’s
162 guardian ad litem and attorney ad litem needs. This plan may
163 include recommendations for less than the entire state, may
164 include a phase-in system, and shall include estimates of the
165 cost of each of the alternatives. Each year the office shall
166 provide a status report and provide further recommendations to
167 address the need for guardian ad litem services and related
168 issues.
169 Section 5. Subsections (2) and (4) of section 402.402,
170 Florida Statutes, are amended to read:
171 402.402 Child protection and child welfare personnel;
172 attorneys employed by the department.—
173 (2) SPECIALIZED TRAINING.—All child protective
174 investigators and child protective investigation supervisors
175 employed by the department or a sheriff’s office must complete
176 the following specialized training:
177 (a) Training on the recognition of and responses to head
178 trauma and brain injury in a child under 6 years of age.
179 (b) Training that is either focused on serving a specific
180 population, including, but not limited to, medically fragile
181 children, sexually exploited children, children under 3 years of
182 age, or families with a history of domestic violence, mental
183 illness, or substance abuse, or focused on performing certain
184 aspects of child protection practice, including, but not limited
185 to, investigation techniques and analysis of family dynamics.
186 The specialized training may be used to fulfill continuing
187 education requirements under s. 402.40(3)(e). Individuals hired
188 before July 1, 2014, shall complete the specialized training by
189 June 30, 2016, and individuals hired on or after July 1, 2014,
190 shall complete the specialized training within 2 years after
191 hire. An individual may receive specialized training in multiple
192 areas.
193 (4) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD
194 WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
195 primary responsibility is representing the department in child
196 welfare cases shall, within the first 6 months of employment,
197 receive training in all of the following:
198 (a) The dependency court process, including the attorney’s
199 role in preparing and reviewing documents prepared for
200 dependency court for accuracy and completeness.;
201 (b) Preparing and presenting child welfare cases, including
202 at least 1 week shadowing an experienced children’s legal
203 services attorney preparing and presenting cases.;
204 (c) Safety assessment, safety decisionmaking tools, and
205 safety plans.;
206 (d) Developing information presented by investigators and
207 case managers to support decisionmaking in the best interest of
208 children.; and
209 (e) The experiences and techniques of case managers and
210 investigators, including shadowing an experienced child
211 protective investigator and an experienced case manager for at
212 least 8 hours.
213 (f) The recognition of and responses to head trauma and
214 brain injury in a child under 6 years of age.
215 Section 6. Paragraph (f) of subsection (1) and subsection
216 (3) of section 409.988, Florida Statutes, are amended to read:
217 409.988 Lead agency duties; general provisions.—
218 (1) DUTIES.—A lead agency:
219 (f) Shall ensure that all individuals providing care for
220 dependent children receive appropriate training and meet the
221 minimum employment standards established by the department.
222 Appropriate training shall include, but is not limited to,
223 training on the recognition of and responses to head trauma and
224 brain injury in a child under 6 years of age.
225 (3) SERVICES.—A lead agency must provide dependent children
226 with services that are supported by research or that are
227 recognized as best practices in the child welfare field. The
228 agency shall give priority to the use of services that are
229 evidence-based and trauma-informed and may also provide other
230 innovative services, including, but not limited to, family
231 centered and cognitive-behavioral interventions designed to
232 mitigate out-of-home placements and intensive family
233 reunification services that combine child welfare and mental
234 health services for families with dependent children under 6
235 years of age.
236 Section 7. Subsection (24) is added to section 409.996,
237 Florida Statutes, to read:
238 409.996 Duties of the Department of Children and Families.
239 The department shall contract for the delivery, administration,
240 or management of care for children in the child protection and
241 child welfare system. In doing so, the department retains
242 responsibility for the quality of contracted services and
243 programs and shall ensure that services are delivered in
244 accordance with applicable federal and state statutes and
245 regulations.
246 (24) The department, in collaboration with the lead
247 agencies serving the judicial circuits selected in paragraph
248 (a), may create and implement a program to more effectively
249 provide case management services for dependent children under 6
250 years of age.
251 (a) The department may select up to three judicial circuits
252 in which to develop and implement a program under this
253 subsection. Priority shall be given to a circuit that has a high
254 removal rate, significant budget deficit, significant case
255 management turnover rate, and the highest numbers of children in
256 out-of-home care or a significant increase in the number of
257 children in out-of-home care over the last 3 fiscal years.
258 (b) The program shall:
259 1. Include caseloads for dependency case managers comprised
260 solely of children who are under 6 years of age, except as
261 provided in paragraph (c). The maximum caseload for a case
262 manager shall be no more than 15 children if possible.
263 2. Include case managers who are trained specifically in:
264 a. Critical child development for children under 6 years of
265 age.
266 b. Specific practices of child care for children under 6
267 years of age.
268 c. The scope of community resources available to children
269 under 6 years of age.
270 d. Working with a parent or caregiver and assisting him or
271 her in developing the skills necessary to care for the health,
272 safety, and well-being of a child under 6 years of age.
273 (c) If a child being served through the program has a
274 dependent sibling, the sibling may be assigned to the same case
275 manager as the child being served through the program; however,
276 each sibling counts toward the case manager’s maximum caseload
277 as provided under paragraph (b).
278 (d) The department shall evaluate the permanency, safety,
279 and well-being of children being served through the program and
280 submit a report to the Governor, the President of the Senate,
281 and the Speaker of the House of Representatives by October 1,
282 2024, detailing its findings.
283 Section 8. Section 943.17297, Florida Statutes, is created
284 to read:
285 943.17297 Training in the recognition of and responses to
286 head trauma and brain injury.—The commission shall establish
287 standards for the instruction of law enforcement officers in the
288 subject of recognition of and responses to head trauma and brain
289 injury in a child from under 6 years of age to aid an officer in
290 the detection of head trauma and brain injury due to child
291 abuse. By July 1, 2021, each law enforcement officer must
292 successfully complete the training as part of the basic recruit
293 training for a law enforcement officer, as required under s.
294 943.13(9), or as a part of continuing training or education
295 required under s. 943.135(1).
296 Section 9. This act shall take effect July 1, 2019.
