Bill Text: FL S1650 | 2019 | Regular Session | Comm Sub
Bill Title: Child Welfare
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2019-04-29 - Laid on Table, companion bill(s) passed, see CS/HB 7099 (Ch. 2019-142), SB 2502 (Ch. 2019-116) [S1650 Detail]
Download: Florida-2019-S1650-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 1650
By the Committees on Children, Families, and Elder Affairs; and
Health Policy; and Senator Albritton
586-04035A-19 20191650c2
1 A bill to be entitled
2 An act relating to child welfare; creating s. 39.0012,
3 F.S.; requiring the Department of Children and
4 Families to establish a direct-support organization to
5 assist the Children and Youth Cabinet with carrying
6 out certain purposes and responsibilities; providing
7 purposes and duties of the direct-support
8 organization; providing for a board of directors;
9 providing membership requirements; delineating
10 contract and other governance requirements; providing
11 for the future repeal of the direct-support
12 organization; amending s. 39.01, F.S.; revising
13 definitions; amending s. 39.201, F.S.; requiring the
14 central abuse hotline to accept certain reports or
15 calls for investigation for children who do not live
16 in this state; requiring the Department of Children
17 and Families to initiate an investigation when a
18 report is received from an emergency room physician;
19 amending s. 39.303, F.S.; expanding the types of
20 reports that the department must refer to Child
21 Protection Teams; amending s. 39.4015, F.S.; revising
22 definitions; amending s. 39.402, F.S.; requiring that
23 the order for placement of a child in shelter care
24 contain a written finding specifying that the
25 Department of Children and Families has placement and
26 care responsibility for certain children; amending s.
27 39.407, F.S.; authorizing certain advanced practice
28 registered nurses to prescribe psychotropic
29 medications to certain children; revising the time
30 period within which a court must review a child’s
31 residential treatment plan; amending s. 39.5085, F.S.;
32 requiring information to be provided to relatives and
33 nonrelatives regarding the Guardianship Assistance
34 Program and the Relative Caregiver Program; amending
35 s. 39.5086, F.S.; deleting the term “fictive kin”;
36 amending s. 39.6225, F.S.; revising who the department
37 must provide guardianship assistance payments to;
38 defining the term “relative”; revising the
39 requirements that must be met for approval of an
40 application for the Guardianship Assistance Program;
41 revising when guardianship assistance benefits must be
42 terminated; conforming provisions to changes made by
43 the act; amending s. 39.6251, F.S.; requiring a young
44 adult in extended foster care to provide certain
45 documentation or authorize release of certain records;
46 revising permanency goals for young adults in extended
47 foster care; requiring execution of a voluntary
48 placement agreement under certain circumstances;
49 requiring the department to adopt rules; amending s.
50 39.701, F.S.; revising when a court must return a
51 child to the custody of his or her parents after
52 making certain determinations; requiring the court to
53 enter certain orders if a young adult enters extended
54 foster care; amending s. 402.56, F.S.; revising
55 membership of the Children and Youth Cabinet; amending
56 s. 409.1451, F.S.; authorizing certain financial
57 awards to be disregarded when a young adult is
58 applying for other federal assistance; amending s.
59 409.175, F.S.; revising definitions; revising
60 provisions related to the licensure of family foster
61 homes and certain child-caring and child-placing
62 agencies; requiring the department to post certain
63 information on its website; deleting required numbers
64 of training hours for foster parents; amending s.
65 409.903, F.S.; revising eligibility for Medicaid
66 coverage; amending s. 409.991, F.S.; revising a
67 definition; amending s. 414.045, F.S.; revising
68 eligibility for child-only funding; amending s.
69 1009.25, F.S.; revising eligibility for tuition fee
70 exemptions; providing an effective date.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Section 39.0012, Florida Statutes, is created to
75 read:
76 39.0012 Direct-support organization.—
77 (1) The Department of Children and Families shall establish
78 a direct-support organization to assist the Children and Youth
79 Cabinet in carrying out its purposes and responsibilities
80 primarily relating to fostering public awareness of children and
81 youth issues and developing new partners in the effort to serve
82 children and youth by raising money; submitting requests for and
83 receiving grants from the Federal Government, the state or its
84 political subdivisions, private foundations, and individuals;
85 and making expenditures to or for the benefit of the cabinet.
86 Such a direct-support organization is an organization that is:
87 (a) Incorporated under chapter 617 and approved by the
88 Department of State as a Florida corporation not for profit;
89 (b) Organized and operated to make expenditures to or for
90 the benefit of the cabinet; and
91 (c) Approved by the department to be operating for the
92 benefit of and in a manner consistent with the goals of the
93 cabinet and in the best interest of the state.
94 (2) The board of directors of the direct-support
95 organization shall consist of seven members appointed by the
96 Governor. Each member of the board of directors shall be
97 appointed to a 4-year term.
98 (3) The direct-support organization shall operate under
99 written contract with the department.
100 (4) All moneys received by the direct-support organization
101 shall be deposited into an account of the direct-support
102 organization and shall be used by the organization in a manner
103 consistent with the goals of the cabinet.
104 (5) This section is repealed October 1, 2024, unless
105 reviewed and saved from repeal by the Legislature.
106 Section 2. Subsection (37) of section 39.01, Florida
107 Statutes, is amended to read:
108 39.01 Definitions.—When used in this chapter, unless the
109 context otherwise requires:
110 (37) “Institutional child abuse or neglect” means
111 situations of known or suspected child abuse or neglect in which
112 the person allegedly perpetrating the child abuse or neglect is
113 an employee of a public or private school, public or private day
114 care center, residential home, institution, facility, or agency
115 or any other person at such institution responsible for the
116 child’s care as defined in this section subsection (54).
117 Section 3. Paragraph (d) of subsection (2) of section
118 39.201, Florida Statutes, is amended, and paragraph (l) is added
119 to that subsection, to read:
120 39.201 Mandatory reports of child abuse, abandonment, or
121 neglect; mandatory reports of death; central abuse hotline.—
122 (2)
123 (d) If the report is of an instance of known or suspected
124 child abuse, abandonment, or neglect which that occurred out of
125 state and the alleged perpetrator and the child alleged to be a
126 victim live out of state, the central abuse hotline may shall
127 not accept the report or call for investigation unless the child
128 is currently being evaluated in a medical facility in this
129 state.
130 1. If the child is currently being evaluated in a medical
131 facility in this state, the central abuse hotline shall accept
132 the report or call for investigation and shall transfer the
133 information on the report or call to the appropriate state or
134 country.
135 2. If the child is not currently being evaluated in a
136 medical facility in this state, the central abuse hotline, but
137 shall transfer the information on the report to or call to the
138 appropriate state or country.
139 (l) The department shall initiate an investigation when it
140 receives a report from an emergency room physician.
141 Section 4. Paragraph (i) is added to subsection (4) of
142 section 39.303, Florida Statutes, to read:
143 39.303 Child Protection Teams and sexual abuse treatment
144 programs; services; eligible cases.—
145 (4) The child abuse, abandonment, and neglect reports that
146 must be referred by the department to Child Protection Teams of
147 the Department of Health for an assessment and other appropriate
148 available support services as set forth in subsection (3) must
149 include cases involving:
150 (i) A child who does not live in this state who is
151 currently being evaluated in a medical facility in this state.
152 Section 5. Paragraph (d) of subsection (2) of section
153 39.4015, Florida Statutes, is amended to read:
154 39.4015 Family finding.—
155 (2) DEFINITIONS.—As used in this section, the term:
156 (d) “Fictive kin” means an individual who is unrelated to
157 the child by either birth or marriage, but has such a close
158 emotional relationship with the child that he or she may be
159 considered part of the family.
160 Section 6. Paragraph (h) of subsection (8) of section
161 39.402, Florida Statutes, is amended to read:
162 39.402 Placement in a shelter.—
163 (8)
164 (h) The order for placement of a child in shelter care must
165 identify the parties present at the hearing and must contain
166 written findings:
167 1. That placement in shelter care is necessary based on the
168 criteria in subsections (1) and (2).
169 2. That placement in shelter care is in the best interest
170 of the child.
171 3. That continuation of the child in the home is contrary
172 to the welfare of the child because the home situation presents
173 a substantial and immediate danger to the child’s physical,
174 mental, or emotional health or safety which cannot be mitigated
175 by the provision of preventive services.
176 4. That based upon the allegations of the petition for
177 placement in shelter care, there is probable cause to believe
178 that the child is dependent or that the court needs additional
179 time, which may not exceed 72 hours, in which to obtain and
180 review documents pertaining to the family in order to
181 appropriately determine the risk to the child.
182 5. That the department has made reasonable efforts to
183 prevent or eliminate the need for removal of the child from the
184 home. A finding of reasonable effort by the department to
185 prevent or eliminate the need for removal may be made and the
186 department is deemed to have made reasonable efforts to prevent
187 or eliminate the need for removal if:
188 a. The first contact of the department with the family
189 occurs during an emergency;
190 b. The appraisal of the home situation by the department
191 indicates that the home situation presents a substantial and
192 immediate danger to the child’s physical, mental, or emotional
193 health or safety which cannot be mitigated by the provision of
194 preventive services;
195 c. The child cannot safely remain at home, either because
196 there are no preventive services that can ensure the health and
197 safety of the child or because, even with appropriate and
198 available services being provided, the health and safety of the
199 child cannot be ensured; or
200 d. The parent or legal custodian is alleged to have
201 committed any of the acts listed as grounds for expedited
202 termination of parental rights in s. 39.806(1)(f)-(i).
203 6. That the department has made reasonable efforts to keep
204 siblings together if they are removed and placed in out-of-home
205 care unless such placement is not in the best interest of each
206 child. It is preferred that siblings be kept together in a
207 foster home, if available. Other reasonable efforts shall
208 include short-term placement in a group home with the ability to
209 accommodate sibling groups if such a placement is available. The
210 department shall report to the court its efforts to place
211 siblings together unless the court finds that such placement is
212 not in the best interest of a child or his or her sibling.
213 7. That the court notified the parents, relatives that are
214 providing out-of-home care for the child, or legal custodians of
215 the time, date, and location of the next dependency hearing and
216 of the importance of the active participation of the parents,
217 relatives that are providing out-of-home care for the child, or
218 legal custodians in all proceedings and hearings.
219 8. That the court notified the parents or legal custodians
220 of their right to counsel to represent them at the shelter
221 hearing and at each subsequent hearing or proceeding, and the
222 right of the parents to appointed counsel, pursuant to the
223 procedures set forth in s. 39.013.
224 9. That the court notified relatives who are providing out
225 of-home care for a child as a result of the shelter petition
226 being granted that they have the right to attend all subsequent
227 hearings, to submit reports to the court, and to speak to the
228 court regarding the child, if they so desire.
229 10. That the department has placement and care
230 responsibility for any child who is not placed in the care of a
231 parent at the conclusion of the shelter hearing.
232 Section 7. Subsection (3) and paragraphs (g), (h), and (i)
233 of subsection (6) of section 39.407, Florida Statutes, are
234 amended to read:
235 39.407 Medical, psychiatric, and psychological examination
236 and treatment of child; physical, mental, or substance abuse
237 examination of person with or requesting child custody.—
238 (3)(a)1. Except as otherwise provided in subparagraph (b)1.
239 or paragraph (e), before the department provides psychotropic
240 medications to a child in its custody, the prescribing physician
241 or the advanced practice registered nurse whose specialty is
242 psychiatric nursing, as defined in chapter 394, and who is given
243 prescribing authority pursuant to chapter 464 shall attempt to
244 obtain express and informed consent, as defined in s.
245 394.455(15) and as described in s. 394.459(3)(a), from the
246 child’s parent or legal guardian. The department must take steps
247 necessary to facilitate the inclusion of the parent in the
248 child’s consultation with the physician or advanced practice
249 registered nurse. However, if the parental rights of the parent
250 have been terminated, the parent’s location or identity is
251 unknown or cannot reasonably be ascertained, or the parent
252 declines to give express and informed consent, the department
253 may, after consultation with the prescribing physician or
254 advanced practice registered nurse, seek court authorization to
255 provide the psychotropic medications to the child. Unless
256 parental rights have been terminated and if it is possible to do
257 so, the department shall continue to involve the parent in the
258 decisionmaking process regarding the provision of psychotropic
259 medications. If, at any time, a parent whose parental rights
260 have not been terminated provides express and informed consent
261 to the provision of a psychotropic medication, the requirements
262 of this section that the department seek court authorization do
263 not apply to that medication until such time as the parent no
264 longer consents.
265 2. Any time the department seeks a medical evaluation to
266 determine the need to initiate or continue a psychotropic
267 medication for a child, the department must provide to the
268 evaluating physician or advanced practice registered nurse all
269 pertinent medical information known to the department concerning
270 that child.
271 (b)1. If a child who is removed from the home under s.
272 39.401 is receiving prescribed psychotropic medication at the
273 time of removal and parental authorization to continue providing
274 the medication cannot be obtained, the department may take
275 possession of the remaining medication and may continue to
276 provide the medication as prescribed until the shelter hearing,
277 if it is determined that the medication is a current
278 prescription for that child and the medication is in its
279 original container.
280 2. If the department continues to provide the psychotropic
281 medication to a child when parental authorization cannot be
282 obtained, the department shall notify the parent or legal
283 guardian as soon as possible that the medication is being
284 provided to the child as provided in subparagraph 1. The child’s
285 official departmental record must include the reason parental
286 authorization was not initially obtained and an explanation of
287 why the medication is necessary for the child’s well-being.
288 3. If the department is advised by a physician licensed
289 under chapter 458 or chapter 459 or an advanced practice
290 registered nurse whose specialty is psychiatric nursing, as
291 defined in chapter 394, and who is given prescribing authority
292 pursuant to chapter 464 that the child should continue the
293 psychotropic medication and parental authorization has not been
294 obtained, the department shall request court authorization at
295 the shelter hearing to continue to provide the psychotropic
296 medication and shall provide to the court any information in its
297 possession in support of the request. Any authorization granted
298 at the shelter hearing may extend only until the arraignment
299 hearing on the petition for adjudication of dependency or 28
300 days following the date of removal, whichever occurs sooner.
301 4. Before filing the dependency petition, the department
302 shall ensure that the child is evaluated by a physician licensed
303 under chapter 458 or chapter 459 or an advanced practice
304 registered nurse whose specialty is psychiatric nursing, as
305 defined in chapter 394, and who is given prescribing authority
306 pursuant to chapter 464 to determine whether it is appropriate
307 to continue the psychotropic medication. If, as a result of the
308 evaluation, the department seeks court authorization to continue
309 the psychotropic medication, a motion for such continued
310 authorization shall be filed at the same time as the dependency
311 petition, within 21 days after the shelter hearing.
312 (c) Except as provided in paragraphs (b) and (e), the
313 department must file a motion seeking the court’s authorization
314 to initially provide or continue to provide psychotropic
315 medication to a child in its legal custody. The motion must be
316 supported by a written report prepared by the department which
317 describes the efforts made to enable the prescribing physician
318 or advanced practice registered nurse whose specialty is
319 psychiatric nursing, as defined in chapter 394, and who is given
320 prescribing authority pursuant to chapter 464 to obtain express
321 and informed consent for providing the medication to the child
322 and other treatments considered or recommended for the child. In
323 addition, the motion must be supported by the prescribing
324 physician’s or advanced practice registered nurse’s signed
325 medical report providing:
326 1. The name of the child, the name and range of the dosage
327 of the psychotropic medication, and that there is a need to
328 prescribe psychotropic medication to the child based upon a
329 diagnosed condition for which such medication is being
330 prescribed.
331 2. A statement indicating that the physician has reviewed
332 all medical information concerning the child which has been
333 provided.
334 3. A statement indicating that the psychotropic medication,
335 at its prescribed dosage, is appropriate for treating the
336 child’s diagnosed medical condition, as well as the behaviors
337 and symptoms the medication, at its prescribed dosage, is
338 expected to address.
339 4. An explanation of the nature and purpose of the
340 treatment; the recognized side effects, risks, and
341 contraindications of the medication; drug-interaction
342 precautions; the possible effects of stopping the medication;
343 and how the treatment will be monitored, followed by a statement
344 indicating that this explanation was provided to the child if
345 age appropriate and to the child’s caregiver.
346 5. Documentation addressing whether the psychotropic
347 medication will replace or supplement any other currently
348 prescribed medications or treatments; the length of time the
349 child is expected to be taking the medication; and any
350 additional medical, mental health, behavioral, counseling, or
351 other services that the prescribing physician or advanced
352 practice registered nurse recommends.
353 (d)1. The department must notify all parties of the
354 proposed action taken under paragraph (c) in writing or by
355 whatever other method best ensures that all parties receive
356 notification of the proposed action within 48 hours after the
357 motion is filed. If any party objects to the department’s
358 motion, that party shall file the objection within 2 working
359 days after being notified of the department’s motion. If any
360 party files an objection to the authorization of the proposed
361 psychotropic medication, the court shall hold a hearing as soon
362 as possible before authorizing the department to initially
363 provide or to continue providing psychotropic medication to a
364 child in the legal custody of the department. At such hearing
365 and notwithstanding s. 90.803, the medical report described in
366 paragraph (c) is admissible in evidence. The prescribing
367 physician or advanced practice registered nurse whose specialty
368 is psychiatric nursing, as defined in chapter 394, and who is
369 given prescribing authority pursuant to chapter 464 need not
370 attend the hearing or testify unless the court specifically
371 orders such attendance or testimony, or a party subpoenas the
372 physician or advanced practice registered nurse to attend the
373 hearing or provide testimony. If, after considering any
374 testimony received, the court finds that the department’s motion
375 and the physician’s or advanced practice registered nurse’s
376 medical report meet the requirements of this subsection and that
377 it is in the child’s best interests, the court may order that
378 the department provide or continue to provide the psychotropic
379 medication to the child without additional testimony or
380 evidence. At any hearing held under this paragraph, the court
381 shall further inquire of the department as to whether additional
382 medical, mental health, behavioral, counseling, or other
383 services are being provided to the child by the department which
384 the prescribing physician or advanced practice registered nurse
385 considers to be necessary or beneficial in treating the child’s
386 medical condition and which the physician or advanced practice
387 registered nurse recommends or expects to provide to the child
388 in concert with the medication. The court may order additional
389 medical consultation, including consultation with the MedConsult
390 line at the University of Florida, if available, or require the
391 department to obtain a second opinion within a reasonable
392 timeframe as established by the court, not to exceed 21 calendar
393 days, after such order based upon consideration of the best
394 interests of the child. The department must make a referral for
395 an appointment for a second opinion with a physician within 1
396 working day. The court may not order the discontinuation of
397 prescribed psychotropic medication if such order is contrary to
398 the decision of the prescribing physician or advanced practice
399 registered nurse unless the court first obtains an opinion from
400 a licensed psychiatrist, if available, or, if not available, a
401 physician licensed under chapter 458 or chapter 459, stating
402 that more likely than not, discontinuing the medication would
403 not cause significant harm to the child. If, however, the
404 prescribing psychiatrist specializes in mental health care for
405 children and adolescents, the court may not order the
406 discontinuation of prescribed psychotropic medication unless the
407 required opinion is also from a psychiatrist who specializes in
408 mental health care for children and adolescents. The court may
409 also order the discontinuation of prescribed psychotropic
410 medication if a child’s treating physician, licensed under
411 chapter 458 or chapter 459, states that continuing the
412 prescribed psychotropic medication would cause significant harm
413 to the child due to a diagnosed nonpsychiatric medical
414 condition.
415 2. The burden of proof at any hearing held under this
416 paragraph shall be by a preponderance of the evidence.
417 (e)1. If the child’s prescribing physician or advanced
418 practice registered nurse whose specialty is psychiatric
419 nursing, as defined in chapter 394, and who is given prescribing
420 authority pursuant to chapter 464 certifies in the signed
421 medical report required in paragraph (c) that delay in providing
422 a prescribed psychotropic medication would more likely than not
423 cause significant harm to the child, the medication may be
424 provided in advance of the issuance of a court order. In such
425 event, the medical report must provide the specific reasons why
426 the child may experience significant harm and the nature and the
427 extent of the potential harm. The department must submit a
428 motion seeking continuation of the medication and the
429 physician’s medical report to the court, the child’s guardian ad
430 litem, and all other parties within 3 working days after the
431 department commences providing the medication to the child. The
432 department shall seek the order at the next regularly scheduled
433 court hearing required under this chapter, or within 30 days
434 after the date of the prescription, whichever occurs sooner. If
435 any party objects to the department’s motion, the court shall
436 hold a hearing within 7 days.
437 2. Psychotropic medications may be administered in advance
438 of a court order in hospitals, crisis stabilization units, and
439 in statewide inpatient psychiatric programs. Within 3 working
440 days after the medication is begun, the department must seek
441 court authorization as described in paragraph (c).
442 (f)1. The department shall fully inform the court of the
443 child’s medical and behavioral status as part of the social
444 services report prepared for each judicial review hearing held
445 for a child for whom psychotropic medication has been prescribed
446 or provided under this subsection. As a part of the information
447 provided to the court, the department shall furnish copies of
448 all pertinent medical records concerning the child which have
449 been generated since the previous hearing. On its own motion or
450 on good cause shown by any party, including any guardian ad
451 litem, attorney, or attorney ad litem who has been appointed to
452 represent the child or the child’s interests, the court may
453 review the status more frequently than required in this
454 subsection.
455 2. The court may, in the best interests of the child, order
456 the department to obtain a medical opinion addressing whether
457 the continued use of the medication under the circumstances is
458 safe and medically appropriate.
459 (g) The department shall adopt rules to ensure that
460 children receive timely access to clinically appropriate
461 psychotropic medications. These rules must include, but need not
462 be limited to, the process for determining which adjunctive
463 services are needed, the uniform process for facilitating the
464 prescribing physician’s or advanced practice registered nurse’s
465 ability to obtain the express and informed consent of a child’s
466 parent or guardian, the procedures for obtaining court
467 authorization for the provision of a psychotropic medication,
468 the frequency of medical monitoring and reporting on the status
469 of the child to the court, how the child’s parents will be
470 involved in the treatment-planning process if their parental
471 rights have not been terminated, and how caretakers are to be
472 provided information contained in the physician’s or advanced
473 practice registered nurse’s signed medical report. The rules
474 must also include uniform forms to be used in requesting court
475 authorization for the use of a psychotropic medication and
476 provide for the integration of each child’s treatment plan and
477 case plan. The department must begin the formal rulemaking
478 process within 90 days after the effective date of this act.
479 (6) Children who are in the legal custody of the department
480 may be placed by the department, without prior approval of the
481 court, in a residential treatment center licensed under s.
482 394.875 or a hospital licensed under chapter 395 for residential
483 mental health treatment only pursuant to this section or may be
484 placed by the court in accordance with an order of involuntary
485 examination or involuntary placement entered pursuant to s.
486 394.463 or s. 394.467. All children placed in a residential
487 treatment program under this subsection must have a guardian ad
488 litem appointed.
489 (g)1. The department must submit, at the beginning of each
490 month, to the court having jurisdiction over the child, a
491 written report regarding the child’s progress toward achieving
492 the goals specified in the individualized plan of treatment.
493 2. The court must conduct a hearing to review the status of
494 the child’s residential treatment plan no later than 60 days 3
495 months after the child’s admission to the residential treatment
496 program. An independent review of the child’s progress toward
497 achieving the goals and objectives of the treatment plan must be
498 completed by a qualified evaluator and submitted to the court
499 before its 60-day 3-month review.
500 3. For any child in residential treatment at the time a
501 judicial review is held pursuant to s. 39.701, the child’s
502 continued placement in residential treatment must be a subject
503 of the judicial review.
504 4. If at any time the court determines that the child is
505 not suitable for continued residential treatment, the court
506 shall order the department to place the child in the least
507 restrictive setting that is best suited to meet his or her
508 needs.
509 (h) After the initial 60-day 3-month review, the court must
510 conduct a review of the child’s residential treatment plan every
511 90 days.
512 (i) The department must adopt rules for implementing
513 timeframes for the completion of suitability assessments by
514 qualified evaluators and a procedure that includes timeframes
515 for completing the 60-day 3-month independent review by the
516 qualified evaluators of the child’s progress toward achieving
517 the goals and objectives of the treatment plan which review must
518 be submitted to the court. The Agency for Health Care
519 Administration must adopt rules for the registration of
520 qualified evaluators, the procedure for selecting the evaluators
521 to conduct the reviews required under this section, and a
522 reasonable, cost-efficient fee schedule for qualified
523 evaluators.
524 Section 8. Present paragraphs (a) through (h) of subsection
525 (2) of section 39.5085, Florida Statutes, are redesignated as
526 paragraphs (b) through (i), respectively, paragraph (a) of
527 subsection (1) is amended, and a new paragraph (a) is added to
528 subsection (2) of that section, to read:
529 39.5085 Relative Caregiver Program.—
530 (1) It is the intent of the Legislature in enacting this
531 section to:
532 (a) Provide for the establishment of procedures and
533 protocols that serve to advance the continued safety of children
534 by acknowledging the valued resource uniquely available through
535 grandparents, relatives of children, and specified nonrelatives
536 of children pursuant to subparagraph (2)(b)3. (2)(a)3.
537 (2)
538 (a) Relatives and nonrelatives must be informed of the
539 availability of, and the requirements and benefits of, the
540 Relative Caregiver Program and the Guardianship Assistance
541 Program and must be informed that they may choose which program
542 to enroll in that best suits the particular needs of the
543 caregiver.
544 Section 9. Paragraph (a) of subsection (1) of section
545 39.5086, Florida Statutes, is amended to read:
546 39.5086 Kinship navigator programs.—
547 (1) DEFINITIONS.—As used in this section, the term:
548 (a) “Fictive kin” has the same meaning as provided in s.
549 39.4015(2)(d).
550 Section 10. Subsections (1), (2), (6), and (10) of section
551 39.6225, Florida Statutes, are amended to read:
552 39.6225 Guardianship Assistance Program.—
553 (1) The department shall establish and operate the
554 Guardianship Assistance Program to provide guardianship
555 assistance payments to relatives, as defined in this subsection,
556 next of kin, and fictive kin who meet the eligibility
557 requirements established in this section. For purposes of
558 administering the program, the term:
559 (a) “Child” means an individual who has not attained 21
560 years of age.
561 (b) “Young adult” means an individual who has attained 18
562 years of age but who has not attained 21 years of age.
563 (c) “Relative” means fictive kin, a relative as defined in
564 s. 39.01(73), or next of kin.
565 (2) To approve an application for the program, the
566 department shall determine that all of the following
567 requirements have been met:
568 (a) The child’s placement with the guardian has been
569 approved by the court.
570 (b) The court has granted legal custody to the guardian
571 pursuant to s. 39.6221 39.521 or s. 39.522.
572 (c) The guardian has been licensed to care for the child as
573 provided in s. 409.175.
574 (d) The child was eligible for foster care room and board
575 payments pursuant to s. 409.145 for at least 6 consecutive
576 months while the child resided in the home of the guardian and
577 the guardian was licensed as a foster parent.
578 (6) Guardianship assistance benefits shall be terminated
579 if:
580 (a) The child has attained the age of 18, or such greater
581 age as the department may elect;
582 (b) The child has not attained the age of 18 and the
583 relative guardians are no longer legally responsible for the
584 support of the child; or
585 (c) The child is no longer receiving support from the
586 guardian
587 (a) The child is absent from the home of the guardian for a
588 period of at least 60 consecutive calendar days, unless the
589 child:
590 1. Is absent due to medical care, school attendance,
591 runaway status, or detention in a Department of Juvenile Justice
592 facility; and
593 2. Continues to be under the care and custody of the
594 guardian.
595 (b) The court modifies the placement of the child and the
596 guardian is no longer eligible to receive guardianship
597 assistance benefits.
598 (10) The case plan must describe the following for each
599 child with a permanency goal of permanent guardianship in which
600 the guardian is pursuing in receipt of guardianship assistance
601 payments:
602 (a) The manner in which the child meets program eligibility
603 requirements.
604 (b) The manner in which the department determined that
605 reunification or adoption is not appropriate.
606 (c) Efforts to discuss adoption with the child’s permanent
607 guardian.
608 (d) Efforts to discuss guardianship assistance with the
609 child’s parent or the reasons why efforts were not made.
610 (e) The reasons why a permanent placement with the
611 prospective guardian is in the best interest of the child.
612 (f) The reasons why the child is separated from his or her
613 siblings during placement, if applicable.
614 (g) Efforts to consult the child, if the child is 14 years
615 of age or older, regarding the permanent guardianship
616 arrangement.
617 Section 11. Subsections (2) and (3), paragraph (a) of
618 subsection (4), and subsection (6) of section 39.6251, Florida
619 Statutes, are amended, and subsection (10) is added to that
620 section, to read:
621 39.6251 Continuing care for young adults.—
622 (2) The primary goal for a child in care is permanency. A
623 child who is living in licensed care on his or her 18th birthday
624 and who has not achieved permanency under s. 39.621 is eligible
625 to remain in licensed care under the jurisdiction of the court
626 and in the care of the department. A child is eligible to remain
627 in licensed care if he or she is:
628 (a) Completing secondary education or a program leading to
629 an equivalent credential;
630 (b) Enrolled in an institution that provides postsecondary
631 or vocational education;
632 (c) Participating in a program or activity designed to
633 promote or eliminate barriers to employment;
634 (d) Employed for at least 80 hours per month; or
635 (e) Unable to participate in programs or activities listed
636 in paragraphs (a)-(d) full time due to a physical, intellectual,
637 emotional, or psychiatric condition that limits participation.
638 Any such barrier to participation must be supported by
639 documentation in the child’s case file or school or medical
640 records of a physical, intellectual, or psychiatric condition
641 that impairs the child’s ability to perform one or more life
642 activities.
643
644 The young adult must furnish documentation to the department or
645 lead agency of his or her participation in one of the programs
646 or activities listed in paragraphs (a)-(d), or his or her
647 inability to participate in one of the programs or activities as
648 provided in paragraph (e), or authorize the release of his or
649 her records to the department or lead agency.
650 (3) The permanency goal for a young adult who chooses to
651 remain in care past his or her 18th birthday is to transition to
652 independence from licensed care to independent living.
653 (4)(a) The young adult must reside in a supervised living
654 environment that is approved by the department or a community
655 based care lead agency. The young adult shall live
656 independently, but in an environment in which he or she is
657 provided supervision, case management, and supportive services
658 by the department or lead agency. Such an environment must offer
659 developmentally appropriate freedom and responsibility to
660 prepare the young adult for adulthood. For the purposes of this
661 subsection, a supervised living arrangement may include a
662 licensed foster home, licensed group home, college dormitory,
663 shared housing, apartment, or another housing arrangement if the
664 arrangement is approved by the community-based care lead agency
665 and is acceptable to the young adult, with first choice being a
666 licensed foster home. A young adult may continue to reside with
667 the same licensed foster family or group care provider with whom
668 he or she was residing at the time he or she reached the age of
669 18 years.
670 (6) A young adult who is between the ages of 18 and 21 and
671 who has left care may return to care by applying to the
672 community-based care lead agency for readmission through the
673 execution of a voluntary placement agreement. The community
674 based care lead agency shall readmit the young adult if he or
675 she continues to meet the eligibility requirements in this
676 section.
677 (a) The department shall develop a standard procedure and
678 application packet for readmission to care to be used by all
679 community-based care lead agencies.
680 (b) Within 30 days after the young adult has been
681 readmitted to care, the community-based care lead agency shall
682 assign a case manager to update the case plan and the transition
683 plan and to arrange for the required services. Updates to the
684 case plan and the transition plan and arrangements for the
685 required services shall be undertaken in consultation with the
686 young adult. The department shall petition the court to
687 reinstate jurisdiction over the young adult. Notwithstanding s.
688 39.013(2), the court shall resume jurisdiction over the young
689 adult if the department establishes that he or she continues to
690 meet the eligibility requirements in this section.
691 (10) The department shall adopt rules to administer this
692 section.
693 Section 12. Paragraph (d) of subsection (2) of section
694 39.701, Florida Statutes, is amended, and paragraphs (f) and (g)
695 are added to subsection (4) of that section, to read:
696 39.701 Judicial review.—
697 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
698 AGE.—
699 (d) Orders.—
700 1. Based upon the criteria set forth in paragraph (c) and
701 the recommended order of the citizen review panel, if any, the
702 court shall determine whether or not the social service agency
703 shall initiate proceedings to have a child declared a dependent
704 child, return the child to the parent, continue the child in
705 out-of-home care for a specified period of time, or initiate
706 termination of parental rights proceedings for subsequent
707 placement in an adoptive home. Amendments to the case plan must
708 be prepared as provided prescribed in s. 39.6013. If the court
709 finds that the prevention or reunification efforts of the
710 department will allow the child to remain safely at home or be
711 safely returned to the home, the court shall allow the child to
712 remain in or return to the home after making a specific finding
713 of fact that the reasons for the creation of the case plan have
714 been remedied to the extent that the child’s safety, well-being,
715 and physical, mental, and emotional health will not be
716 endangered.
717 2. The court shall return the child to the custody of his
718 or her the parents at any time it determines that the
719 circumstances which caused the out-of-home placement, and issues
720 subsequently identified, have been remedied to the extent that
721 return of the child to the home with an in-home safety plan
722 prepared or approved by the department that they have
723 substantially complied with the case plan, if the court is
724 satisfied that reunification will not be detrimental to the
725 child’s safety, well-being, and physical, mental, and emotional
726 health.
727 3. If, in the opinion of the court, the social service
728 agency has not complied with its obligations as specified in the
729 written case plan, the court may find the social service agency
730 in contempt, shall order the social service agency to submit its
731 plans for compliance with the agreement, and shall require the
732 social service agency to show why the child could not safely be
733 returned to the home of the parents.
734 4. If, at any judicial review, the court finds that the
735 parents have failed to substantially comply with the case plan
736 to the degree that further reunification efforts are without
737 merit and not in the best interest of the child, on its own
738 motion, the court may order the filing of a petition for
739 termination of parental rights, regardless of whether or not the
740 time period as contained in the case plan for substantial
741 compliance has expired.
742 5. Within 6 months after the date that the child was placed
743 in shelter care, the court shall conduct a judicial review
744 hearing to review the child’s permanency goal as identified in
745 the case plan. At the hearing the court shall make findings
746 regarding the likelihood of the child’s reunification with the
747 parent or legal custodian. In making such findings, the court
748 shall consider the level of the parent or legal custodian’s
749 compliance with the case plan and demonstrated change in
750 protective capacities compared to that necessary to achieve
751 timely reunification within 12 months after the removal of the
752 child from the home. The court shall also consider the
753 frequency, duration, manner, and level of engagement of the
754 parent or legal custodian’s visitation with the child in
755 compliance with the case plan. If the court makes a written
756 finding that it is not likely that the child will be reunified
757 with the parent or legal custodian within 12 months after the
758 child was removed from the home, the department must file with
759 the court, and serve on all parties, a motion to amend the case
760 plan under s. 39.6013 and declare that it will use concurrent
761 planning for the case plan. The department must file the motion
762 within 10 business days after receiving the written finding of
763 the court. The department must attach the proposed amended case
764 plan to the motion. If concurrent planning is already being
765 used, the case plan must document the efforts the department is
766 taking to complete the concurrent goal.
767 6. The court may issue a protective order in assistance, or
768 as a condition, of any other order made under this part. In
769 addition to the requirements included in the case plan, the
770 protective order may set forth requirements relating to
771 reasonable conditions of behavior to be observed for a specified
772 period of time by a person or agency who is before the court,;
773 and the order may require any person or agency to make periodic
774 reports to the court containing such information as the court in
775 its discretion may prescribe.
776 7. If, at any judicial review, the court determines that
777 the child shall remain in out-of-home care in a placement other
778 than with a parent, the court shall order that the department
779 has placement and care responsibility for the child.
780 (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During
781 each period of time that a young adult remains in foster care,
782 the court shall review the status of the young adult at least
783 every 6 months and must hold a permanency review hearing at
784 least annually.
785 (f) If the young adult elects to voluntarily leave extended
786 foster care for the sole purpose of ending a removal episode and
787 immediately thereafter executes a voluntary placement agreement
788 with the department to reenroll in extended foster care, the
789 court shall enter an order finding that the prior removal
790 episode has ended. Under these circumstances, the court
791 maintains jurisdiction and a petition to reinstate jurisdiction
792 as provided in s. 39.6251(6)(b) is not required.
793 (g)1. When a young adult enters extended foster care by
794 executing a voluntary placement agreement, the court shall enter
795 an order within 180 days after execution of the agreement which
796 determines whether the placement is in the best interest of the
797 young adult. For purposes of this paragraph, a placement may
798 include a licensed foster home, licensed group home, college
799 dormitory, shared housing, apartment, or another housing
800 arrangement, if the arrangement is approved by the community
801 based care lead agency and is acceptable to the young adult.
802 2. When a young adult is in extended foster care, each
803 judicial review order shall provide that the department has
804 placement and care responsibility for the young adult.
805 3. When a young adult is in extended foster care, the court
806 shall enter an order at least every 12 months that includes a
807 finding of whether the department has made reasonable efforts to
808 finalize the permanency plan currently in effect.
809 Section 13. Paragraph (a) of subsection (4) of section
810 402.56, Florida Statutes, is amended to read:
811 402.56 Children’s cabinet; organization; responsibilities;
812 annual report.—
813 (4) MEMBERS.—The cabinet shall consist of 16 members
814 including the Governor and the following persons:
815 (a)1. The Secretary of Children and Families;
816 2. The Secretary of Juvenile Justice;
817 3. The director of the Agency for Persons with
818 Disabilities;
819 4. The director of the Office of Early Learning;
820 5. The State Surgeon General;
821 6. The Secretary of Health Care Administration;
822 7. The Commissioner of Education;
823 8. The director of the Statewide Guardian Ad Litem Office;
824 9. A representative The director of the Office of Adoption
825 and Child Protection;
826 10. A superintendent of schools, appointed by the Governor;
827 and
828 11. Five members who represent children and youth advocacy
829 organizations and who are not service providers, appointed by
830 the Governor.
831 Section 14. Present subsections (9) and (10) of section
832 409.1451, Florida Statutes, are redesignated as subsections (10)
833 and (11), respectively, paragraph (b) of subsection (2) is
834 amended, and a new subsection (9) is added to that section, to
835 read:
836 409.1451 The Road-to-Independence Program.—
837 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
838 (b) The amount of the financial assistance shall be as
839 follows:
840 1. For a young adult who does not remain in foster care and
841 is attending a postsecondary school as provided in s. 1009.533,
842 the amount is $1,256 monthly.
843 2. For a young adult who remains in foster care, is
844 attending a postsecondary school, as provided in s. 1009.533,
845 and continues to reside in a licensed foster home, the amount is
846 the established room and board rate for foster parents. This
847 takes the place of the payment provided for in s. 409.145(4).
848 3. For a young adult who remains in foster care, but
849 temporarily resides away from a licensed foster home for
850 purposes of attending a postsecondary school as provided in s.
851 1009.533, the amount is $1,256 monthly. This takes the place of
852 the payment provided for in s. 409.145(4).
853 4. For a young adult who remains in foster care, is
854 attending a postsecondary school as provided in s. 1009.533, and
855 continues to reside in a licensed group home, the amount is
856 negotiated between the community-based care lead agency and the
857 licensed group home provider.
858 5. For a young adult who remains in foster care, but
859 temporarily resides away from a licensed group home for purposes
860 of attending a postsecondary school as provided in s. 1009.533,
861 the amount is $1,256 monthly. This takes the place of a
862 negotiated room and board rate.
863 6. The amount of the award may be disregarded for purposes
864 of determining the eligibility for, or the amount of, any other
865 federal or federally supported assistance.
866 6.7. A young adult is eligible to receive financial
867 assistance during the months when he or she is enrolled in a
868 postsecondary educational institution.
869 (9) FINANCIAL ASSISTANCE FOR YOUNG ADULTS RECEIVING
870 SERVICES.—Financial awards to young adults receiving services
871 under subsections (2) and (3) and s. 39.6251 may be disregarded
872 for purposes of determining the eligibility for, or the amount
873 of, any other federal or federally supported assistance for
874 which the department is required to determine eligibility for to
875 administer the program.
876 Section 15. Paragraphs (e), (j), and (m) of subsection (2),
877 paragraph (b) of subsection (5), paragraphs (b) and (c) of
878 subsection (6), subsection (7), paragraph (b) of subsection (9),
879 paragraphs (b) and (c) of subsection (12), and paragraphs (b)
880 and (d) of subsection (14) of section 409.175, Florida Statutes,
881 are amended to read:
882 409.175 Licensure of family foster homes, residential
883 child-caring agencies, and child-placing agencies; public
884 records exemption.—
885 (2) As used in this section, the term:
886 (e) “Family foster home” means a private residence licensed
887 by the department in which children who are unattended by a
888 parent or legal guardian are provided 24-hour care. The term
889 does not include an adoptive home that has been approved by the
890 department or approved by a licensed child-placing agency for
891 children placed for adoption.
892 (j) “Personnel” means all owners, operators, employees, and
893 volunteers working in a child-placing agency, family foster
894 home, or residential child-caring agency who may be employed by
895 or do volunteer work for a person, corporation, or agency that
896 holds a license as a child-placing agency or a residential
897 child-caring agency, but the term does not include those who do
898 not work on the premises where child care is furnished and have
899 no direct contact with a child or have no contact with a child
900 outside of the presence of the child’s parent or guardian. For
901 purposes of screening, the term includes any member, over the
902 age of 12 years, of the family of the owner or operator or any
903 person other than a client, over the age of 12 years, residing
904 with the owner or operator if the agency or family foster home
905 is located in or adjacent to the home of the owner or operator
906 or if the family member of, or person residing with, the owner
907 or operator has any direct contact with the children. Members of
908 the family of the owner or operator, or persons residing with
909 the owner or operator, who are between the ages of 12 years and
910 18 years are not required to be fingerprinted, but must be
911 screened for delinquency records. For purposes of screening, the
912 term also includes owners, operators, employees, and volunteers
913 working in summer day camps, or summer 24-hour camps providing
914 care for children. A volunteer who assists on an intermittent
915 basis for less than 10 hours per month shall not be included in
916 the term “personnel” for the purposes of screening if a person
917 who meets the screening requirement of this section is always
918 present and has the volunteer in his or her line of sight.
919 (m) “Screening” means the act of assessing the background
920 of personnel or level II through level V family foster homes and
921 includes, but is not limited to, employment history checks as
922 provided in chapter 435, using the level 2 standards for
923 screening set forth in that chapter.
924 (5) The department shall adopt and amend rules for the
925 levels of licensed care associated with the licensure of family
926 foster homes, residential child-caring agencies, and child
927 placing agencies. The rules may include criteria to approve
928 waivers to licensing requirements when applying for a child
929 specific license.
930 (b) The requirements for licensure and operation of family
931 foster homes, residential child-caring agencies, and child
932 placing agencies shall include:
933 1. The operation, conduct, and maintenance of these homes
934 and agencies and the responsibility which they assume for
935 children served and the evidence of need for that service.
936 2. The provision of food, clothing, educational
937 opportunities, services, equipment, and individual supplies to
938 assure the healthy physical, emotional, and mental development
939 of the children served.
940 3. The appropriateness, safety, cleanliness, and general
941 adequacy of the premises, including fire prevention and health
942 standards, to provide for the physical comfort, care, and well
943 being of the children served.
944 4. The ratio of staff to children required to provide
945 adequate care and supervision of the children served and, in the
946 case of family foster homes, the maximum number of children in
947 the home.
948 5. The good moral character based upon screening,
949 education, training, and experience requirements for personnel
950 and family foster homes.
951 6. The department may grant exemptions from
952 disqualification from working with children or the
953 developmentally disabled as provided in s. 435.07.
954 7. The provision of preservice and inservice training for
955 all foster parents and agency staff.
956 8. Satisfactory evidence of financial ability to provide
957 care for the children in compliance with licensing requirements.
958 9. The maintenance by the agency of records pertaining to
959 admission, progress, health, and discharge of children served,
960 including written case plans and reports to the department.
961 10. The provision for parental involvement to encourage
962 preservation and strengthening of a child’s relationship with
963 the family.
964 11. The transportation safety of children served.
965 12. The provisions for safeguarding the cultural,
966 religious, and ethnic values of a child.
967 13. Provisions to safeguard the legal rights of children
968 served.
969 (6)
970 (b) Upon application, the department shall conduct a
971 licensing study based on its licensing rules; shall inspect the
972 home or the agency and the records, including financial records,
973 of the agency; and shall interview the applicant. The department
974 may authorize a licensed child-placing agency to conduct the
975 licensing study of a family foster home to be used exclusively
976 by that agency and to verify to the department that the home
977 meets the licensing requirements established by the department.
978 The department shall post on its website a list of the agencies
979 authorized to conduct such studies. Upon certification by a
980 licensed child-placing agency that a family foster home meets
981 the licensing requirements and upon receipt of a letter from a
982 community-based care lead agency in the service area where the
983 home will be licensed which indicates that the family foster
984 home meets the criteria established by the lead agency, the
985 department shall issue the license. A letter from the lead
986 agency is not required if the lead agency where the proposed
987 home is located is directly supervising foster homes in the same
988 service area.
989 (c) A licensed family foster home, child-placing agency, or
990 residential child-caring agency which applies for renewal of its
991 license shall submit to the department a list of personnel or
992 household members who have worked or resided on a continuous
993 basis at the applicant family foster home or agency since
994 submitting fingerprints to the department, identifying those for
995 whom a written assurance of compliance was provided by the
996 department and identifying those personnel or household members
997 who have recently begun working or residing at the family foster
998 home or agency and are awaiting the results of the required
999 fingerprint check, along with the date of the submission of
1000 those fingerprints for processing. The department shall by rule
1001 determine the frequency of requests to the Department of Law
1002 Enforcement to run state criminal records checks for such
1003 personnel or household members except for those personnel or
1004 household members awaiting the results of initial fingerprint
1005 checks for employment at the applicant family foster home or
1006 agency.
1007 (7)(a) The department may extend a license expiration date
1008 once for a period of up to 30 days. However, the department may
1009 not extend a license expiration date more than once during a
1010 licensure period The department may issue a provisional license
1011 to an applicant who is unable to conform to the licensing
1012 requirements at the time of the study, but who is believed able
1013 to meet the licensing requirements within the time allowed by
1014 the provisional license. The issuance of a provisional license
1015 shall be contingent upon the submission to the department of an
1016 acceptable written plan to overcome the deficiency by the
1017 expiration date of the provisional license.
1018 (b) A provisional license may be issued when the applicant
1019 fails to meet licensing requirements in matters that are not of
1020 immediate danger to the children and the agency has submitted a
1021 corrective action plan which is approved by the department. A
1022 provisional license may be issued if the screening material has
1023 been timely submitted; however, a provisional license may not be
1024 issued unless the applicant is in compliance with the
1025 requirements in this section for screening of personnel.
1026 (c) A provisional license shall not be issued for a period
1027 in excess of 1 year and shall not be subject to renewal; and it
1028 may be suspended if periodic inspection by the department
1029 indicates that insufficient progress has been made toward
1030 compliance with the requirements.
1031 (9)
1032 (b) Any of the following actions by a family foster home or
1033 its household members or an agency or its personnel is a ground
1034 for denial, suspension, or revocation of a license:
1035 1. An intentional or negligent act materially affecting the
1036 health or safety of children in the home or agency.
1037 2. A violation of the provisions of this section or of
1038 licensing rules adopted promulgated pursuant to this section.
1039 3. Noncompliance with the requirements for good moral
1040 character as specified in paragraph (5)(b).
1041 4. Failure to dismiss personnel or a household member found
1042 in noncompliance with requirements for good moral character.
1043 5. Failure to comply with the requirements of ss. 63.0422
1044 and 790.335.
1045 (12)
1046 (b) It is unlawful for any person, agency, family foster
1047 home, summer day camp, or summer 24-hour camp providing care for
1048 children to:
1049 1. Willfully or intentionally fail to comply with the
1050 requirements for the screening of personnel and family foster
1051 homes or the dismissal of personnel or household members found
1052 not to be in compliance with the requirements for good moral
1053 character as specified in paragraph (5)(b).
1054 2. Use information from the criminal records obtained under
1055 this section for any purpose other than screening a person for
1056 employment as specified in this section or to release such
1057 information to any other person for any purpose other than
1058 screening for employment as specified in this section.
1059 (c) It is unlawful for any person, agency, family foster
1060 home, summer day camp, or summer 24-hour camp providing care for
1061 children to use information from the juvenile records of any
1062 person obtained under this section for any purpose other than
1063 screening for employment as specified in this section or to
1064 release information from such records to any other person for
1065 any purpose other than screening for employment as specified in
1066 this section.
1067 (14)
1068 (b) As a condition of licensure, foster parents shall
1069 successfully complete a minimum of 21 hours of preservice
1070 training. The preservice training shall be uniform statewide and
1071 shall include, but not be limited to, such areas as:
1072 1. Orientation regarding agency purpose, objectives,
1073 resources, policies, and services;
1074 2. Role of the foster parent as a treatment team member;
1075 3. Transition of a child into and out of foster care,
1076 including issues of separation, loss, and attachment;
1077 4. Management of difficult child behavior that can be
1078 intensified by placement, by prior abuse or neglect, and by
1079 prior placement disruptions;
1080 5. Prevention of placement disruptions;
1081 6. Care of children at various developmental levels,
1082 including appropriate discipline; and
1083 7. Effects of foster parenting on the family of the foster
1084 parent.
1085 (d) Before prior to licensure renewal, each level II
1086 through level V foster parent must shall successfully complete 8
1087 hours of inservice training. Each level I foster parent shall
1088 successfully complete 4 hours of inservice training. Periodic
1089 time-limited training courses shall be made available for
1090 selective use by foster parents. Such inservice training shall
1091 include subjects affecting the daily living experiences of
1092 foster parenting as a foster parent. For a foster parent
1093 participating in the required inservice training, the department
1094 shall reimburse such parent for travel expenditures and, if both
1095 parents in a home are attending training or if the absence of
1096 the parent would leave the children without departmentally
1097 approved adult supervision, the department shall make provision
1098 for child care or shall reimburse the foster parents for child
1099 care purchased by the parents for children in their care.
1100 Section 16. Subsection (4) of section 409.903, Florida
1101 Statutes, is amended to read:
1102 409.903 Mandatory payments for eligible persons.—The agency
1103 shall make payments for medical assistance and related services
1104 on behalf of the following persons who the department, or the
1105 Social Security Administration by contract with the Department
1106 of Children and Families, determines to be eligible, subject to
1107 the income, assets, and categorical eligibility tests set forth
1108 in federal and state law. Payment on behalf of these Medicaid
1109 eligible persons is subject to the availability of moneys and
1110 any limitations established by the General Appropriations Act or
1111 chapter 216.
1112 (4) A child who is eligible under Title IV-E of the Social
1113 Security Act for subsidized board payments, foster care, or
1114 adoption subsidies, and a child for whom the state has assumed
1115 temporary or permanent responsibility and who does not qualify
1116 for Title IV-E assistance but is in foster care, shelter or
1117 emergency shelter care, or subsidized adoption. This category
1118 includes:
1119 (a) A young adult who is eligible to receive services under
1120 s. 409.1451, until the young adult reaches 21 years of age,
1121 without regard to any income, resource, or categorical
1122 eligibility test that is otherwise required.
1123 (b) This category also includes A person who as a child was
1124 eligible under Title IV-E of the Social Security Act for foster
1125 care or the state-provided foster care and who is a participant
1126 in the Road-to-Independence Program.
1127 (c) A child who is eligible for the Guardianship Assistance
1128 Program as provided in s. 39.6225.
1129 Section 17. Paragraph (a) of subsection (1) of section
1130 409.991, Florida Statutes, is amended to read:
1131 409.991 Allocation of funds for community-based care lead
1132 agencies.—
1133 (1) As used in this section, the term:
1134 (a) “Core services funds” means all funds allocated to
1135 community-based care lead agencies operating under contract with
1136 the department pursuant to s. 409.987, with the following
1137 exceptions:
1138 1. Funds appropriated for independent living;
1139 2. Funds appropriated for maintenance adoption subsidies;
1140 3. Funds allocated by the department for protective
1141 investigations training;
1142 4. Nonrecurring funds;
1143 5. Designated mental health wrap-around services funds; and
1144 6. Funds for special projects for a designated community
1145 based care lead agency; and
1146 7. Funds appropriated for the Guardianship Assistance
1147 Program under s. 39.6225.
1148 Section 18. Paragraph (b) of subsection (1) of section
1149 414.045, Florida Statutes, is amended to read:
1150 414.045 Cash assistance program.—Cash assistance families
1151 include any families receiving cash assistance payments from the
1152 state program for temporary assistance for needy families as
1153 defined in federal law, whether such funds are from federal
1154 funds, state funds, or commingled federal and state funds. Cash
1155 assistance families may also include families receiving cash
1156 assistance through a program defined as a separate state
1157 program.
1158 (1) For reporting purposes, families receiving cash
1159 assistance shall be grouped into the following categories. The
1160 department may develop additional groupings in order to comply
1161 with federal reporting requirements, to comply with the data
1162 reporting needs of the board of directors of CareerSource
1163 Florida, Inc., or to better inform the public of program
1164 progress.
1165 (b) Child-only cases.—Child-only cases include cases that
1166 do not have an adult or teen head of household as defined in
1167 federal law. Such cases include:
1168 1. Children in the care of caretaker relatives, if the
1169 caretaker relatives choose to have their needs excluded in the
1170 calculation of the amount of cash assistance.
1171 2. Families in the Relative Caregiver Program as provided
1172 in s. 39.5085.
1173 3. Families in which the only parent in a single-parent
1174 family or both parents in a two-parent family receive
1175 supplemental security income (SSI) benefits under Title XVI of
1176 the Social Security Act, as amended. To the extent permitted by
1177 federal law, individuals receiving SSI shall be excluded as
1178 household members in determining the amount of cash assistance,
1179 and such cases shall not be considered families containing an
1180 adult. Parents or caretaker relatives who are excluded from the
1181 cash assistance group due to receipt of SSI may choose to
1182 participate in work activities. An individual whose ability to
1183 participate in work activities is limited who volunteers to
1184 participate in work activities shall be assigned to work
1185 activities consistent with such limitations. An individual who
1186 volunteers to participate in a work activity may receive child
1187 care or support services consistent with such participation.
1188 4. Families in which the only parent in a single-parent
1189 family or both parents in a two-parent family are not eligible
1190 for cash assistance due to immigration status or other
1191 limitation of federal law. To the extent required by federal
1192 law, such cases shall not be considered families containing an
1193 adult.
1194 5. To the extent permitted by federal law and subject to
1195 appropriations, special needs children who have been adopted
1196 pursuant to s. 409.166 and whose adopting family qualifies as a
1197 needy family under the state program for temporary assistance
1198 for needy families. Notwithstanding any provision to the
1199 contrary in s. 414.075, s. 414.085, or s. 414.095, a family
1200 shall be considered a needy family if:
1201 a. The family is determined by the department to have an
1202 income below 200 percent of the federal poverty level;
1203 b. The family meets the requirements of s. 414.095(2) and
1204 (3) related to residence, citizenship, or eligible noncitizen
1205 status; and
1206 c. The family provides any information that may be
1207 necessary to meet federal reporting requirements specified under
1208 Part A of Title IV of the Social Security Act.
1209 6. Families in the Guardianship Assistance Program as
1210 provided in s. 39.6225.
1211
1212 Families described in subparagraph 1., subparagraph 2., or
1213 subparagraph 3. may receive child care assistance or other
1214 supports or services so that the children may continue to be
1215 cared for in their own homes or in the homes of relatives. Such
1216 assistance or services may be funded from the temporary
1217 assistance for needy families block grant to the extent
1218 permitted under federal law and to the extent funds have been
1219 provided in the General Appropriations Act.
1220 Section 19. Paragraph (d) of subsection (1) of section
1221 1009.25, Florida Statutes, is amended to read:
1222 1009.25 Fee exemptions.—
1223 (1) The following students are exempt from the payment of
1224 tuition and fees, including lab fees, at a school district that
1225 provides workforce education programs, Florida College System
1226 institution, or state university:
1227 (d) A student who is or was at the time he or she reached
1228 18 years of age in the custody of a relative or nonrelative
1229 under s. 39.5085 or s. 39.6225 or who was adopted from the
1230 Department of Children and Families after May 5, 1997. Such
1231 exemption includes fees associated with enrollment in applied
1232 academics for adult education instruction. The exemption remains
1233 valid until the student reaches 28 years of age.
1234 Section 20. This act shall take effect July 1, 2019.
