Bill Text: FL S1666 | 2014 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Passed) 2014-06-23 - Chapter No. 2014-224, companion bill(s) passed, see CS/HB 977 (Ch. 2014-166), HB 5201 (Ch. 2014-57), CS/CS/HB 7141 (Ch. 2014-161) [S1666 Detail]
Download: Florida-2014-S1666-Comm_Sub.html
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Passed) 2014-06-23 - Chapter No. 2014-224, companion bill(s) passed, see CS/HB 977 (Ch. 2014-166), HB 5201 (Ch. 2014-57), CS/CS/HB 7141 (Ch. 2014-161) [S1666 Detail]
Download: Florida-2014-S1666-Comm_Sub.html
Florida Senate - 2014 CS for SB 1666 By the Committees on Appropriations; and Children, Families, and Elder Affairs; and Senators Sobel and Gibson 576-04540-14 20141666c1 1 A bill to be entitled 2 An act relating to child welfare; amending s. 20.19, 3 F.S.; requiring the Secretary of Children and Families 4 to appoint an Assistant Secretary for Child Welfare; 5 providing qualifications and responsibilities; 6 amending s. 39.001, F.S.; revising the purposes of ch. 7 39, F.S.; requiring the department to provide for 8 certain services for medically complex children; 9 amending s. 39.01, F.S.; providing, revising, and 10 deleting definitions; amending s. 39.013, F.S.; 11 clarifying responsibilities of the department in 12 dependency proceedings; amending s. 39.201, F.S.; 13 requiring alleged incidents of juvenile sexual abuse 14 involving specified children to be reported to the 15 department’s central abuse hotline; requiring the 16 department to provide specified information on an 17 investigation of child sexual abuse to the court; 18 creating s. 39.2015, F.S.; requiring the department to 19 conduct specified investigations using critical 20 incident rapid response teams; providing requirements 21 for such investigations and for team membership; 22 authorizing team access to specified information; 23 requiring the cooperation of specified agencies and 24 organizations; providing for reimbursement of team 25 members; requiring the team to provide an 26 investigation report; requiring the secretary to 27 develop guidelines for investigations and provide team 28 member training; requiring the secretary to appoint an 29 advisory committee; requiring the committee to submit 30 a report to the secretary; requiring the secretary to 31 submit such report to the Governor and the Legislature 32 by a specified date; creating s. 39.2022, F.S.; 33 providing legislative intent; requiring the department 34 to publish specified information on its website 35 regarding the death of a child reported to the central 36 abuse hotline; amending s. 39.301, F.S.; requiring the 37 use of safety plans in child protection investigations 38 in cases of present or impending danger; providing 39 requirements for implementation of a safety plan; 40 providing conditions for filing a petition for 41 dependency; amending s. 39.303, F.S.; requiring 42 physician involvement when a child protection team 43 evaluates a report of medical neglect of a medically 44 complex child; creating s. 39.3068, F.S.; providing 45 requirements for investigating medical neglect; 46 providing duties of the department; amending s. 47 39.307, F.S.; requiring the department to assist the 48 family, child, and caregiver in receiving services 49 upon a report alleging juvenile sexual abuse or 50 inappropriate sexual behavior; requiring the 51 department to maintain specified records; requiring 52 child sexual abuse to be taken into account in 53 placement consideration; requiring the department to 54 monitor the occurrence of child sexual abuse and 55 related services; amending s. 39.402, F.S.; requiring 56 the department to make a reasonable effort to keep 57 siblings together when they are placed in out-of-home 58 care under certain circumstances; providing for 59 sibling visitation under certain conditions; amending 60 s. 39.501, F.S.; requiring compliance with a safety 61 plan to be considered when deciding a petition for 62 dependency; amending s. 39.504, F.S.; authorizing the 63 court to order a person to comply with a safety plan 64 that is implemented in an injunction; amending s. 65 39.5085, F.S.; revising legislative intent; 66 authorizing placement of a child with a nonrelative 67 caregiver and financial assistance for such 68 nonrelative caregiver through the Relative Caregiver 69 Program under certain circumstances; amending s. 70 39.604, F.S.; requiring certain children to attend a 71 licensed early education or child care program; 72 requiring the inclusion of attendance at a licensed 73 early education or child care program in a child’s 74 safety plan; amending s. 39.701, F.S.; requiring the 75 court to consider contact among siblings in judicial 76 reviews; authorizing the court to remove specified 77 disabilities of nonage at judicial reviews; amending 78 s. 39.802, F.S.; removing department authorization to 79 sign a petition for termination of parental rights; 80 amending s. 39.806, F.S.; providing additional grounds 81 for termination of parental rights; amending s. 82 63.212, F.S.; revising advertising requirements for 83 adoption services; requiring a person who places an 84 advertisement for adoption services to provide 85 specified information; deleting a criminal penalty for 86 knowingly publishing or assisting in the publication 87 of an advertisement that violates specified 88 provisions; amending s. 383.402, F.S.; requiring state 89 and local review committees to review all child deaths 90 that are reported to the department’s central abuse 91 hotline; revising the membership of the State Child 92 Abuse Death Review Committee; revising the due date 93 for and contents of a report; requiring the State 94 Child Abuse Death Review Committee to provide training 95 to local child abuse death review committees; amending 96 s. 402.40, F.S.; requiring a third-party credentialing 97 entity to establish an advisory committee; authorizing 98 the department to approve certification of 99 specializations; creating s. 402.402, F.S.; defining 100 terms; providing preferences for education and work 101 experience for child protection and child welfare 102 personnel; requiring a report; providing training 103 requirements for department attorneys; creating s. 104 402.403, F.S.; establishing a tuition exemption 105 program for child protection and child welfare 106 personnel; providing eligibility requirements; 107 creating s. 402.404, F.S.; establishing a student loan 108 forgiveness program for child protection and child 109 welfare personnel; providing eligibility requirements; 110 authorizing community-based care lead agencies to 111 provide student loan forgiveness under certain 112 circumstances; amending s. 409.165, F.S.; enhancing 113 provision of care to medically complex children; 114 amending s. 409.967, F.S.; revising standards for 115 Medicaid managed care plan accountability with respect 116 to services for dependent children and their parents; 117 amending s. 409.972, F.S.; exempting certain Medicaid 118 recipients from mandatory enrollment in managed care 119 plans; providing a directive to the Division of Law 120 Revision and Information; creating part V of ch. 409, 121 F.S.; creating s. 409.986, F.S.; providing legislative 122 findings and intent; providing child protection and 123 child welfare outcome goals; defining terms; creating 124 s. 409.987, F.S.; providing for department procurement 125 of community-based care lead agencies; providing 126 requirements for contracting as a lead agency; 127 creating s. 409.988, F.S.; providing duties of a 128 community-based care lead agency; providing licensure 129 requirements for a lead agency; specifying services 130 provided by a lead agency; providing conditions for an 131 agency or provider to act as a child’s guardian; 132 creating s. 409.990, F.S.; providing general funding 133 provisions for lead agencies; providing for a matching 134 grant program and the maximum amount of funds that may 135 be awarded; requiring the department to develop and 136 implement a community-based care risk pool initiative; 137 providing requirements for the risk pool; 138 transferring, renumbering, and amending s. 409.16713, 139 F.S.; transferring provisions relating to the 140 allocation of funds for community-based care lead 141 agencies; conforming a cross-reference; creating s. 142 409.992, F.S.; providing requirements for community 143 based care lead agency expenditures; creating s. 144 409.993, F.S.; providing legislative findings; 145 providing for lead agency and subcontractor liability; 146 providing limitations on damages; transferring, 147 renumbering, and amending s. 409.1675, F.S.; 148 transferring provisions relating to receivership from 149 community-based providers to lead agencies; conforming 150 cross-references and terminology; creating s. 409.996, 151 F.S.; providing duties of the department relating to 152 community-based care and lead agencies; creating s. 153 409.997, F.S.; providing outcome goals for the 154 department and specified entities with respect to the 155 delivery of child welfare services; requiring the 156 department to maintain an accountability system; 157 requiring a report to the Governor and the 158 Legislature; requiring the department to establish a 159 technical advisory panel; requiring the department to 160 make the results of the accountability system public; 161 requiring a report to the Governor and the Legislature 162 by a specified date; creating s. 827.10, F.S.; 163 providing definitions; establishing the criminal 164 offense of unlawful desertion of a child; providing 165 criminal penalties; providing exceptions; amending s. 166 985.04, F.S.; conforming terminology; creating s. 167 1004.615, F.S.; establishing the Florida Institute for 168 Child Welfare; providing purpose, duties, and 169 responsibilities of the institute; requiring the 170 institute to contract and work with specified 171 entities; providing for the administration of the 172 institute; requiring reports to the Governor and the 173 Legislature by specified dates; amending s. 1009.25, 174 F.S.; exempting specified child protective 175 investigators and child protective investigation 176 supervisors from certain tuition and fee requirements; 177 repealing s. 402.401, F.S., relating to child welfare 178 worker student loan forgiveness; repealing s. 179 409.1671, F.S., relating to outsourcing of foster care 180 and related services; repealing s. 409.16715, F.S., 181 relating to certain therapy for foster children; 182 repealing s. 409.16745, F.S., relating to the 183 community partnership matching grant program; 184 repealing s. 1004.61, F.S., relating to a partnership 185 between the Department of Children and Families and 186 state universities; amending ss. 39.201, 39.302, 187 39.524, 316.613, 409.1676, 409.1677, 409.1678, 188 409.906, 409.912, 409.91211, 420.628, and 960.065, 189 F.S.; conforming cross-references; providing effective 190 dates. 191 192 Be It Enacted by the Legislature of the State of Florida: 193 194 Section 1. Present subsections (3) through (5) of section 195 20.19, Florida Statutes, are renumbered as subsections (4) 196 through (6), respectively, subsection (2) of that section is 197 amended, and a new subsection (3) is added to that section, to 198 read: 199 20.19 Department of Children and Families.—There is created 200 a Department of Children and Families. 201 (2) SECRETARY OF CHILDREN AND FAMILIES; DEPUTY SECRETARY.— 202 (a) The head of the department is the Secretary of Children 203 and Families. The secretary is appointed by the Governor, 204 subject to confirmation by the Senate. The secretary serves at 205 the pleasure of the Governor. 206 (b) The secretary shall appoint a deputy secretary who 207 shall act in the absence of the secretary. The deputy secretary 208 is directly responsible to the secretary, performs such duties 209 as are assigned by the secretary, and serves at the pleasure of 210 the secretary. 211 (3) ASSISTANT SECRETARIES.— 212 (a) Child welfare.— 213 1. The secretary shall appoint an Assistant Secretary for 214 Child Welfare to lead the department in carrying out its duties 215 and responsibilities for child protection and child welfare. The 216 assistant secretary shall serve at the pleasure of the 217 secretary. 218 2. The assistant secretary must have at least 7 years of 219 experience working in organizations that deliver child 220 protective or child welfare services. 221 (b) Substance abuse and mental health.— 222(c)1. The secretary shall appoint an Assistant Secretary 223 for Substance Abuse and Mental Health. The assistant secretary 224 shall serve at the pleasure of the secretary and must have 225 expertise in both areas of responsibility. 226 2. The secretary shall appoint a Director for Substance 227 Abuse and Mental Health who has the requisite expertise and 228 experience to head the state’s Substance Abuse and Mental Health 229 Program Office. 230 Section 2. Paragraphs (b), (c), (g), and (k) of subsection 231 (1) of section 39.001, Florida Statutes, are amended, paragraphs 232 (o) and (p) are added to that subsection, present paragraphs (f) 233 through (h) of subsection (3) are redesignated as paragraphs (g) 234 through (i), respectively, a new paragraph (f) is added to that 235 subsection, present subsections (4) through (11) are renumbered 236 as subsections (5) through (12), respectively, a new subsection 237 (4) is added to that section, and paragraph (c) of present 238 subsection (8) and paragraph (b) of present subsection (10) of 239 that section are amended, to read: 240 39.001 Purposes and intent; personnel standards and 241 screening.— 242 (1) PURPOSES OF CHAPTER.—The purposes of this chapter are: 243 (b) To recognize that most families desire to be competent 244 caregivers and providers for their children and that children 245 achieve their greatest potential when families are able to 246 support and nurture the growth and development of their 247 children. Therefore, the Legislature finds that policies and 248 procedures that provide for prevention and intervention through 249 the department’s child protection system should be based on the 250 following principles: 251 1. The health and safety of the children served shall be of 252 paramount concern. 253 2. The prevention and intervention should engage families 254 in constructive, supportive, and nonadversarial relationships. 255 3. The prevention and intervention should intrude as little 256 as possible into the life of the family, be focused on clearly 257 defined objectives, and keep the safety of the child or children 258 as the paramount concerntake the most parsimonious path to259remedy a family’s problems. 260 4. The prevention and intervention should be based upon 261 outcome evaluation results that demonstrate success in 262 protecting children and supporting families. 263 (c) To provide a child protection system that reflects a 264 partnership between the department, other agencies, the courts, 265 law enforcement agencies, service providers, and local 266 communities. 267 (g) To ensure that the parent or legal custodian from whose 268 custody the child has been taken assists the department to the 269 fullest extent possible in locating relatives suitable to serve 270 as caregivers for the child and provides all medical and 271 educational information, or consent for access thereto, needed 272 to help the child. 273 (k) To make every possible effort, ifwhentwo or more 274 children who are in the care or under the supervision of the 275 department are siblings, to place the siblings in the same home; 276 and in the event of permanent placement of the siblings, to 277 place them in the same adoptive home or, if the siblings are 278 separated while under the care or supervision of the department 279 or in a permanent placement, to keep them in contact with each 280 other. 281 (o) To preserve and strengthen families who are caring for 282 medically complex children. 283 (p) To provide protective investigations that are conducted 284 by trained persons in a complete and fair manner, that are 285 promptly concluded, and that consider the purposes of this 286 subsection and the general protections provided by law relating 287 to child welfare. 288 (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of 289 the Legislature that the children of this state be provided with 290 the following protections: 291 (f) Access to sufficient supports and services for 292 medically complex children to allow them to remain in the least 293 restrictive and most nurturing environment, which includes 294 services in an amount and scope comparable to those services the 295 child would receive in out-of-home care placement. 296 (4) SERVICES FOR MEDICALLY COMPLEX CHILDREN.—The department 297 shall maintain a program of family-centered services and 298 supports for medically complex children. The purpose of the 299 program is to prevent abuse and neglect of medically complex 300 children while enhancing the capacity of families to provide for 301 their children’s needs. Program services must include outreach, 302 early intervention, and the provision of other supports and 303 services to meet the child’s needs. The department shall 304 collaborate with all relevant state and local agencies to 305 provide needed services. 306 (9)(8)OFFICE OF ADOPTION AND CHILD PROTECTION.— 307 (c) The office is authorized and directed to: 308 1. Oversee the preparation and implementation of the state 309 plan established under subsection (10)(9)and revise and update 310 the state plan as necessary. 311 2. Provide for or make available continuing professional 312 education and training in the prevention of child abuse and 313 neglect. 314 3. Work to secure funding in the form of appropriations, 315 gifts, and grants from the state, the Federal Government, and 316 other public and private sources in order to ensure that 317 sufficient funds are available for the promotion of adoption, 318 support of adoptive families, and child abuse prevention 319 efforts. 320 4. Make recommendations pertaining to agreements or 321 contracts for the establishment and development of: 322 a. Programs and services for the promotion of adoption, 323 support of adoptive families, and prevention of child abuse and 324 neglect. 325 b. Training programs for the prevention of child abuse and 326 neglect. 327 c. Multidisciplinary and discipline-specific training 328 programs for professionals with responsibilities affecting 329 children, young adults, and families. 330 d. Efforts to promote adoption. 331 e. Postadoptive services to support adoptive families. 332 5. Monitor, evaluate, and review the development and 333 quality of local and statewide services and programs for the 334 promotion of adoption, support of adoptive families, and 335 prevention of child abuse and neglect and shall publish and 336 distribute an annual report of its findings on or before January 337 1 of each year to the Governor, the Speaker of the House of 338 Representatives, the President of the Senate, the head of each 339 state agency affected by the report, and the appropriate 340 substantive committees of the Legislature. The report shall 341 include: 342 a. A summary of the activities of the office. 343 b. A summary of the adoption data collected and reported to 344 the federal Adoption and Foster Care Analysis and Reporting 345 System (AFCARS) and the federal Administration for Children and 346 Families. 347 c. A summary of the child abuse prevention data collected 348 and reported to the National Child Abuse and Neglect Data System 349 (NCANDS) and the federal Administration for Children and 350 Families. 351 d. A summary detailing the timeliness of the adoption 352 process for children adopted from within the child welfare 353 system. 354 e. Recommendations, by state agency, for the further 355 development and improvement of services and programs for the 356 promotion of adoption, support of adoptive families, and 357 prevention of child abuse and neglect. 358 f. Budget requests, adoption promotion and support needs, 359 and child abuse prevention program needs by state agency. 360 6. Work with the direct-support organization established 361 under s. 39.0011 to receive financial assistance. 362 (11)(10)FUNDING AND SUBSEQUENT PLANS.— 363 (b) The office and the other agencies and organizations 364 listed in paragraph (10)(a)(9)(a)shall readdress the state 365 plan and make necessary revisions every 5 years, at a minimum. 366 Such revisions shall be submitted to the Speaker of the House of 367 Representatives and the President of the Senate no later than 368 June 30 of each year divisible by 5. At least biennially, the 369 office shall review the state plan and make any necessary 370 revisions based on changing needs and program evaluation 371 results. An annual progress report shall be submitted to update 372 the state plan in the years between the 5-year intervals. In 373 order to avoid duplication of effort, these required plans may 374 be made a part of or merged with other plans required by either 375 the state or Federal Government, so long as the portions of the 376 other state or Federal Government plan that constitute the state 377 plan for the promotion of adoption, support of adoptive 378 families, and prevention of child abuse, abandonment, and 379 neglect are clearly identified as such and are provided to the 380 Speaker of the House of Representatives and the President of the 381 Senate as required under this sectionabove. 382 Section 3. Present subsections (59) through (65) of section 383 39.01, Florida Statutes, are redesignated as subsections (60) 384 through (66), respectively, present subsections (67) through 385 (69) are redesignated as subsections (68) through (70), 386 respectively, present subsections (70) through (76) are 387 redesignated as subsections (72) through (78), respectively, new 388 subsections (31), (41), (59), (67), and (71) are added to that 389 section, and subsections (7), (14), (18), (22), (26), and (27) 390 and present subsections (28) through (41), (59), and (65) of 391 that section are amended, to read: 392 39.01 Definitions.—When used in this chapter, unless the 393 context otherwise requires: 394 (7)“Alleged juvenile sexual offender” means:395(a) A child 12 years of age or younger who is alleged to396have committed a violation of chapter 794, chapter 796, chapter397800, s. 827.071, or s. 847.0133; or398(b) A child who is alleged to have committed any violation399of law or delinquent act involving juvenile sexual abuse.400 “Juvenile sexual abuse” means any sexual behavior which occurs 401 without consent, without equality, or as a result of coercion. 402 For purposes of this subsectionparagraph, the following 403 definitions apply: 404 (a)1.“Coercion” means the exploitation of authority or the 405 use of bribes, threats of force, or intimidation to gain 406 cooperation or compliance. 407 (b)2.“Equality” means two participants operating with the 408 same level of power in a relationship, neither being controlled 409 nor coerced by the other. 410 (c)3.“Consent” means an agreement, including all of the 411 following: 412 1.a.Understanding what is proposed based on age, maturity, 413 developmental level, functioning, and experience. 414 2.b.Knowledge of societal standards for what is being 415 proposed. 416 3.c.Awareness of potential consequences and alternatives. 417 4.d.Assumption that agreement or disagreement will be 418 accepted equally. 419 5.e.Voluntary decision. 420 6.f.Mental competence. 421 422 Juvenile sexualoffenderbehavior ranges from noncontact sexual 423 behavior such as making obscene phone calls, exhibitionism, 424 voyeurism, and the showing or taking of lewd photographs to 425 varying degrees of direct sexual contact, such as frottage, 426 fondling, digital penetration, rape, fellatio, sodomy, and 427 various other sexually aggressive acts. 428 (14) “Child who has exhibited inappropriate sexual 429 behavior” means a childwho is 12 years of age or younger and430 who has been found by the department or the court to have 431 committed an inappropriate sexual act. 432 (18) “Comprehensive assessment” or “assessment” means the 433 gathering of information for the evaluation of a child’s and 434 caregiver’s physical, psychiatric, psychological, or mental 435 health; developmental delays or challenges; and,educational, 436 vocational, and social condition and family environment as they 437 relate to the child’s and caregiver’s need for rehabilitative 438 and treatment services, including substance abuse treatment 439 services, mental health services, developmental services, 440 literacy services, medical services, family services, and other 441 specialized services, as appropriate. 442 (22) “Diligent efforts by a parent” means a course of 443 conduct which results in a meaningful change in the behavior of 444 a parent that reducesreduction inrisk to the child in the 445 child’s home to the extent thatwould allowthe child maytobe 446 safely placed permanently back in the home as set forth in the 447 case plan. 448(26) “District” means any one of the 15 service districts449of the department established pursuant to s. 20.19.450(27) “District administrator” means the chief operating451officer of each service district of the department as defined in452s. 20.19(5) and, where appropriate, includes any district453administrator whose service district falls within the boundaries454of a judicial circuit.455 (26)(28)“Expedited termination of parental rights” means 456 proceedings wherein a case plan with the goal of reunification 457 is not being offered. 458 (27)(29)“False report” means a report of abuse, neglect, 459 or abandonment of a child to the central abuse hotline, which 460 report is maliciously made for the purpose of: 461 (a) Harassing, embarrassing, or harming another person; 462 (b) Personal financial gain for the reporting person; 463 (c) Acquiring custody of a child; or 464 (d) Personal benefit for the reporting person in any other 465 private dispute involving a child. 466 467 The term “false report” does not include a report of abuse, 468 neglect, or abandonment of a child made in good faith to the 469 central abuse hotline. 470 (28)(30)“Family” means a collective body of persons, 471 consisting of a child and a parent, legal custodian, or adult 472 relative, in which: 473 (a) The persons reside in the same house or living unit; or 474 (b) The parent, legal custodian, or adult relative has a 475 legal responsibility by blood, marriage, or court order to 476 support or care for the child. 477 (29)(31)“Foster care” means care provided a child in a 478 foster family or boarding home, group home, agency boarding 479 home, child care institution, or any combination thereof. 480 (30)(32)“Harm” to a child’s health or welfare can occur 481 when any person: 482 (a) Inflicts or allows to be inflicted upon the child 483 physical, mental, or emotional injury. In determining whether 484 harm has occurred, the following factors must be considered in 485 evaluating any physical, mental, or emotional injury to a child: 486 the age of the child; any prior history of injuries to the 487 child; the location of the injury on the body of the child; the 488 multiplicity of the injury; and the type of trauma inflicted. 489 Such injury includes, but is not limited to: 490 1. Willful acts that produce the following specific 491 injuries: 492 a. Sprains, dislocations, or cartilage damage. 493 b. Bone or skull fractures. 494 c. Brain or spinal cord damage. 495 d. Intracranial hemorrhage or injury to other internal 496 organs. 497 e. Asphyxiation, suffocation, or drowning. 498 f. Injury resulting from the use of a deadly weapon. 499 g. Burns or scalding. 500 h. Cuts, lacerations, punctures, or bites. 501 i. Permanent or temporary disfigurement. 502 j. Permanent or temporary loss or impairment of a body part 503 or function. 504 505 As used in this subparagraph, the term “willful” refers to the 506 intent to perform an action, not to the intent to achieve a 507 result or to cause an injury. 508 2. Purposely giving a child poison, alcohol, drugs, or 509 other substances that substantially affect the child’s behavior, 510 motor coordination, or judgment or that result in sickness or 511 internal injury. For the purposes of this subparagraph, the term 512 “drugs” means prescription drugs not prescribed for the child or 513 not administered as prescribed, and controlled substances as 514 outlined in Schedule I or Schedule II of s. 893.03. 515 3. Leaving a child without adult supervision or arrangement 516 appropriate for the child’s age or mental or physical condition, 517 so that the child is unable to care for the child’s own needs or 518 another’s basic needs or is unable to exercise good judgment in 519 responding to any kind of physical or emotional crisis. 520 4. Inappropriate or excessively harsh disciplinary action 521 that is likely to result in physical injury, mental injury as 522 defined in this section, or emotional injury. The significance 523 of any injury must be evaluated in light of the following 524 factors: the age of the child; any prior history of injuries to 525 the child; the location of the injury on the body of the child; 526 the multiplicity of the injury; and the type of trauma 527 inflicted. Corporal discipline may be considered excessive or 528 abusive when it results in any of the following or other similar 529 injuries: 530 a. Sprains, dislocations, or cartilage damage. 531 b. Bone or skull fractures. 532 c. Brain or spinal cord damage. 533 d. Intracranial hemorrhage or injury to other internal 534 organs. 535 e. Asphyxiation, suffocation, or drowning. 536 f. Injury resulting from the use of a deadly weapon. 537 g. Burns or scalding. 538 h. Cuts, lacerations, punctures, or bites. 539 i. Permanent or temporary disfigurement. 540 j. Permanent or temporary loss or impairment of a body part 541 or function. 542 k. Significant bruises or welts. 543 (b) Commits, or allows to be committed, sexual battery, as 544 defined in chapter 794, or lewd or lascivious acts, as defined 545 in chapter 800, against the child. 546 (c) Allows, encourages, or forces the sexual exploitation 547 of a child, which includes allowing, encouraging, or forcing a 548 child to: 549 1. Solicit for or engage in prostitution; or 550 2. Engage in a sexual performance, as defined by chapter 551 827. 552 (d) Exploits a child, or allows a child to be exploited, as 553 provided in s. 450.151. 554 (e) Abandons the child. Within the context of the 555 definition of “harm,” the term “abandoned the child” or 556 “abandonment of the child” means a situation in which the parent 557 or legal custodian of a child or, in the absence of a parent or 558 legal custodian, the caregiver, while being able, has made no 559 significant contribution to the child’s care and maintenance or 560 has failed to establish or maintain a substantial and positive 561 relationship with the child, or both. For purposes of this 562 paragraph, “establish or maintain a substantial and positive 563 relationship” includes, but is not limited to, frequent and 564 regular contact with the child through frequent and regular 565 visitation or frequent and regular communication to or with the 566 child, and the exercise of parental rights and responsibilities. 567 Marginal efforts and incidental or token visits or 568 communications are not sufficient to establish or maintain a 569 substantial and positive relationship with a child. The term 570 “abandoned” does not include a surrendered newborn infant as 571 described in s. 383.50, a child in need of services as defined 572 in chapter 984, or a family in need of services as defined in 573 chapter 984. The incarceration, repeated incarceration, or 574 extended incarceration of a parent, legal custodian, or 575 caregiver responsible for a child’s welfare may support a 576 finding of abandonment. 577 (f) Neglects the child. Within the context of the 578 definition of “harm,” the term “neglects the child” means that 579 the parent or other person responsible for the child’s welfare 580 fails to supply the child with adequate food, clothing, shelter, 581 or health care, although financially able to do so or although 582 offered financial or other means to do so. However, a parent or 583 legal custodian who, by reason of the legitimate practice of 584 religious beliefs, does not provide specified medical treatment 585 for a child may not be considered abusive or neglectful for that 586 reason alone, but such an exception does not: 587 1. Eliminate the requirement that such a case be reported 588 to the department; 589 2. Prevent the department from investigating such a case; 590 or 591 3. Preclude a court from ordering, when the health of the 592 child requires it, the provision of medical services by a 593 physician, as defined in this section, or treatment by a duly 594 accredited practitioner who relies solely on spiritual means for 595 healing in accordance with the tenets and practices of a well 596 recognized church or religious organization. 597 (g) Exposes a child to a controlled substance or alcohol. 598 Exposure to a controlled substance or alcohol is established by: 599 1. A test, administered at birth, which indicated that the 600 child’s blood, urine, or meconium contained any amount of 601 alcohol or a controlled substance or metabolites of such 602 substances, the presence of which was not the result of medical 603 treatment administered to the mother or the newborn infant; or 604 2. Evidence of extensive, abusive, and chronic use of a 605 controlled substance or alcohol by a parent when the child is 606 demonstrably adversely affected by such usage. 607 608 As used in this paragraph, the term “controlled substance” means 609 prescription drugs not prescribed for the parent or not 610 administered as prescribed and controlled substances as outlined 611 in Schedule I or Schedule II of s. 893.03. 612 (h) Uses mechanical devices, unreasonable restraints, or 613 extended periods of isolation to control a child. 614 (i) Engages in violent behavior that demonstrates a wanton 615 disregard for the presence of a child and could reasonably 616 result in serious injury to the child. 617 (j) Negligently fails to protect a child in his or her care 618 from inflicted physical, mental, or sexual injury caused by the 619 acts of another. 620 (k) Has allowed a child’s sibling to die as a result of 621 abuse, abandonment, or neglect. 622 (l) Makes the child unavailable for the purpose of impeding 623 or avoiding a protective investigation unless the court 624 determines that the parent, legal custodian, or caregiver was 625 fleeing from a situation involving domestic violence. 626 (31) “Impending danger” means a situation in which family 627 behaviors, attitudes, motives, emotions, or situations pose a 628 threat that may not be currently active but that can be 629 anticipated to become active and to have severe effects on a 630 child at any time. 631 (32)(33)“Institutional child abuse or neglect” means 632 situations of known or suspected child abuse or neglect in which 633 the person allegedly perpetrating the child abuse or neglect is 634 an employee of a private school, public or private day care 635 center, residential home, institution, facility, or agency or 636 any other person at such institution responsible for the child’s 637 care as defined in subsection (47). 638 (33)(34)“Judge” means the circuit judge exercising 639 jurisdiction pursuant to this chapter. 640 (34)(35)“Legal custody” means a legal status created by a 641 court which vests in a custodian of the person or guardian, 642 whether an agency or an individual, the right to have physical 643 custody of the child and the right and duty to protect, nurture, 644 guide, and discipline the child and to provide him or her with 645 food, shelter, education, and ordinary medical, dental, 646 psychiatric, and psychological care. 647 (35)(36)“Licensed child-caring agency” means a person, 648 society, association, or agency licensed by the department to 649 care for, receive, and board children. 650 (36)(37)“Licensed child-placing agency” means a person, 651 society, association, or institution licensed by the department 652 to care for, receive, or board children and to place children in 653 a licensed child-caring institution or a foster or adoptive 654 home. 655 (37)(38)“Licensed health care professional” means a 656 physician licensed under chapter 458, an osteopathic physician 657 licensed under chapter 459, a nurse licensed under part I of 658 chapter 464, a physician assistant licensed under chapter 458 or 659 chapter 459, or a dentist licensed under chapter 466. 660 (38)(39)“Likely to injure oneself” means that, as 661 evidenced by violent or other actively self-destructive 662 behavior, it is more likely than not that within a 24-hour 663 period the child will attempt to commit suicide or inflict 664 serious bodily harm on himself or herself. 665 (39)(40)“Likely to injure others” means that it is more 666 likely than not that within a 24-hour period the child will 667 inflict serious and unjustified bodily harm on another person. 668 (40)(41)“Mediation” means a process whereby a neutral 669 third person called a mediator acts to encourage and facilitate 670 the resolution of a dispute between two or more parties. It is 671 an informal and nonadversarial process with the objective of 672 helping the disputing parties reach a mutually acceptable and 673 voluntary agreement. The role of the mediator includes, but is 674 not limited to, assisting the parties in identifying issues, 675 fostering joint problem solving, and exploring settlement 676 alternatives. 677 (41) “Medical neglect” means the failure to provide or the 678 failure to allow needed care as recommended by a health care 679 practitioner for a physical injury, illness, medical condition, 680 or impairment, or the failure to seek timely and appropriate 681 medical care for a serious health problem that a reasonable 682 person would have recognized as requiring professional medical 683 attention. Medical neglect does not occur if the parent or legal 684 guardian of the child has made reasonable attempts to obtain 685 necessary health care services or the immediate health condition 686 giving rise to the allegation of neglect is a known and expected 687 complication of the child’s diagnosis or treatment and: 688 (a) The recommended care offers limited net benefit to the 689 child and the morbidity or other side effects of the treatment 690 may be considered to be greater than the anticipated benefit; or 691 (b) The parent or legal guardian received conflicting 692 medical recommendations for treatment from multiple 693 practitioners and did not follow all recommendations. 694 (59) “Present danger” means a significant and clearly 695 observable family condition that is occurring at the current 696 moment and is already endangering or threatening to endanger the 697 child. Present danger threats are conspicuous and require that 698 an immediate protective action be taken to ensure the child’s 699 safety. 700 (60)(59)“Preventive services” means social services and 701 other supportive and rehabilitative services provided to the 702 parent or legal custodian of the child and to the child for the 703 purpose of averting the removal of the child from the home or 704 disruption of a family which will or could result in the 705 placement of a child in foster care. Social services and other 706 supportive and rehabilitative services shall promote the child’s 707 developmental needs and need for physical, mental, and emotional 708 health and a safe, stable, living environment;,shall promote 709 family autonomy;,and shall strengthen family life, whenever 710 possible. 711 (66)(65)“Reunification services” means social services and 712 other supportive and rehabilitative services provided to the 713 parent of the child, to the child, and, where appropriate, to 714 the relative placement, nonrelative placement, or foster parents 715 of the child, for the purpose of enabling a child who has been 716 placed in out-of-home care to safely return to his or her parent 717 at the earliest possible time. The health and safety of the 718 child shall be the paramount goal of social services and other 719 supportive and rehabilitative services. The services shall 720 promote the child’s need for physical, developmental, mental, 721 and emotional health and a safe, stable, living environment;,722 shall promote family autonomy;,and shall strengthen family 723 life, whenever possible. 724 (67) “Safety plan” means a plan created to control present 725 or impending danger using the least intrusive means appropriate 726 to protect a child when a parent, caregiver, or legal custodian 727 is unavailable, unwilling, or unable to do so. 728 (71) “Sibling” means: 729 (a) A child who shares a birth parent or legal parent with 730 one or more other children; or 731 (b) A child who has lived together in a family with one or 732 more other children whom he or she identifies as siblings. 733 Section 4. Subsection (12) is added to section 39.013, 734 Florida Statutes, to read: 735 39.013 Procedures and jurisdiction; right to counsel.— 736 (12) The department shall be represented by counsel in each 737 dependency proceeding. Through its attorneys, the department 738 shall make recommendations to the court on issues before the 739 court and may support its recommendations through testimony and 740 other evidence by its own employees, employees of sheriff’s 741 offices providing child protection services, employees of its 742 contractors, employees of its contractor’s subcontractors, or 743 from any other relevant source. 744 Section 5. Paragraph (c) of subsection (2) of section 745 39.201, Florida Statutes, is amended to read: 746 39.201 Mandatory reports of child abuse, abandonment, or 747 neglect; mandatory reports of death; central abuse hotline.— 748 (2) 749 (c) Reports involvinga known or suspectedjuvenile sexual 750 abuseoffenderor a child who has exhibited inappropriate sexual 751 behavior shall be made and received by the department. An 752 alleged incident of juvenile sexual abuse involving a child who 753 is in the custody of or protective supervision of the department 754 shall be reported to the department’s central abuse hotline. 755 1.The department shall determine the age of the alleged756offender, if known.7572. If the alleged offender is 12 years of age or younger,758 The central abuse hotline shall immediately electronically 759 transfer the report or call to the county sheriff’s office. The 760 department shall conduct an assessment and assist the family in 761 receiving appropriate services pursuant to s. 39.307, and send a 762 written report of the allegation to the appropriate county 763 sheriff’s office within 48 hours after the initial report is 764 made to the central abuse hotline. 765 2. The department shall ensure that the facts and results 766 of any investigation of child sexual abuse involving a child in 767 the custody of or under the protective supervision of the 768 department are made known to the court at the next hearing or 769 included in the next report to the court concerning the child. 7703. If the alleged offender is 13 years of age or older, the771central abuse hotline shall immediately electronically transfer772the report or call to the appropriate county sheriff’s office773and send a written report to the appropriate county sheriff’s774office within 48 hours after the initial report to the central775abuse hotline.776 Section 6. Effective January 1, 2015, section 39.2015, 777 Florida Statutes, is created to read: 778 39.2015 Critical incident rapid response team.— 779 (1) As part of the department’s quality assurance program, 780 the department shall provide an immediate multiagency 781 investigation of certain child deaths or other serious 782 incidents. The purpose of such investigation is to identify root 783 causes and rapidly determine the need to change policies and 784 practices related to child protection and child welfare. 785 (2) An immediate onsite investigation conducted by a 786 critical incident rapid response team is required for all child 787 deaths reported to the department if the child or another child 788 in his or her family was the subject of a verified report of 789 suspected abuse or neglect during the previous 12 months. The 790 secretary may direct an immediate investigation for other cases 791 involving serious injury to a child. 792 (3) Each investigation shall be conducted by a multiagency 793 team of at least five professionals with expertise in child 794 protection, child welfare, and organizational management. The 795 team may consist of employees of the department, community-based 796 care lead agencies, Children’s Medical Services, and community 797 based care provider organizations; faculty from the institute 798 consisting of public and private universities offering degrees 799 in social work established pursuant to s. 1004.615; or any other 800 person with the required expertise. The majority of the team 801 must reside in judicial circuits outside the location of the 802 incident. The secretary shall appoint a team leader for each 803 group assigned to an investigation. 804 (4) An investigation shall be initiated as soon as 805 possible, but not later than 2 business days after the case is 806 reported to the department. A preliminary report on each case 807 shall be provided to the secretary no later than 30 days after 808 the investigation begins. 809 (5) Each member of the team is authorized to access all 810 information in the case file. 811 (6) All employees of the department or other state agencies 812 and all personnel from community-based care lead agencies and 813 community-based care lead agency subcontractors must cooperate 814 with the investigation by participating in interviews and timely 815 responding to any requests for information. The members of the 816 team may only access the records and information of contracted 817 provider organizations which are available to the department by 818 law. 819 (7) The secretary shall develop cooperative agreements with 820 other entities and organizations as necessary to facilitate the 821 work of the team. 822 (8) The members of the team may be reimbursed by the 823 department for per diem, mileage, and other reasonable expenses 824 as provided in s. 112.061. The department may also reimburse the 825 team member’s employer for the associated salary and benefits 826 during the time the team member is fulfilling the duties 827 required under this section. 828 (9) Upon completion of the investigation, the department 829 shall make the team’s final report, excluding any confidential 830 information, available on its website. 831 (10) The secretary, in conjunction with the institute 832 established pursuant to s. 1004.615, shall develop guidelines 833 for investigations conducted by critical incident rapid response 834 teams and provide training to team members. Such guidelines must 835 direct the teams in the conduct of a root-cause analysis that 836 identifies, classifies, and attributes responsibility for both 837 direct and latent causes for the death or other incident, 838 including organizational factors, preconditions, and specific 839 acts or omissions resulting from either error or a violation of 840 procedures. 841 (11) The secretary shall appoint an advisory committee made 842 up of experts in child protection and child welfare, including 843 the Statewide Medical Director for Child Protection under the 844 Department of Health, to conduct an independent review of 845 investigative reports from the critical incident rapid response 846 teams and make recommendations to improve policies and practices 847 related to child protection and child welfare services. By 848 October 1 of each year, the advisory committee shall submit a 849 report to the secretary that includes findings and 850 recommendations. The secretary shall submit the report to the 851 Governor, the President of the Senate, and the Speaker of the 852 House of Representatives. 853 Section 7. Section 39.2022, Florida Statutes, is created to 854 read: 855 39.2022 Public disclosure of reported child deaths.— 856 (1) It is the intent of the Legislature to provide prompt 857 disclosure of the basic facts of all deaths of children from 858 birth through 18 years of age which occur in this state and 859 which are reported to the department’s central abuse hotline. 860 Disclosure shall be posted on the department’s public website. 861 This section does not limit the public access to records under 862 any other provision of law. 863 (2) Notwithstanding s. 39.202, if a child death is reported 864 to the central abuse hotline, the department shall post on its 865 website all of the following: 866 (a) The date of the child’s death. 867 (b) Any allegations of the cause of death or the 868 preliminary cause of death, and the verified cause of death, if 869 known. 870 (c) The county where the child resided. 871 (d) The name of the community-based care lead agency, case 872 management agency, or out-of-home licensing agency involved with 873 the child, family, or licensed caregiver, if applicable. 874 (e) Whether the child has been the subject of any prior 875 verified reports to the department’s central abuse hotline. 876 Section 8. Subsections (9) and (14) of section 39.301, 877 Florida Statutes, are amended to read: 878 39.301 Initiation of protective investigations.— 879 (9)(a) For each report received from the central abuse 880 hotline and accepted for investigation, the department or the 881 sheriff providing child protective investigative services under 882 s. 39.3065, shall perform the following child protective 883 investigation activities to determine child safety: 884 1. Conduct a review of all relevant, available information 885 specific to the child and family and alleged maltreatment; 886 family child welfare history; local, state, and federal criminal 887 records checks; and requests for law enforcement assistance 888 provided by the abuse hotline. Based on a review of available 889 information, including the allegations in the current report, a 890 determination shall be made as to whether immediate consultation 891 should occur with law enforcement, the child protection team, a 892 domestic violence shelter or advocate, or a substance abuse or 893 mental health professional. Such consultations should include 894 discussion as to whether a joint response is necessary and 895 feasible. A determination shall be made as to whether the person 896 making the report should be contacted before the face-to-face 897 interviews with the child and family members. 898 2. Conduct face-to-face interviews with the child; other 899 siblings, if any; and the parents, legal custodians, or 900 caregivers. 901 3. Assess the child’s residence, including a determination 902 of the composition of the family and household, including the 903 name, address, date of birth, social security number, sex, and 904 race of each child named in the report; any siblings or other 905 children in the same household or in the care of the same 906 adults; the parents, legal custodians, or caregivers; and any 907 other adults in the same household. 908 4. Determine whether there is any indication that any child 909 in the family or household has been abused, abandoned, or 910 neglected; the nature and extent of present or prior injuries, 911 abuse, or neglect, and any evidence thereof; and a determination 912 as to the person or persons apparently responsible for the 913 abuse, abandonment, or neglect, including the name, address, 914 date of birth, social security number, sex, and race of each 915 such person. 916 5. Complete assessment of immediate child safety for each 917 child based on available records, interviews, and observations 918 with all persons named in subparagraph 2. and appropriate 919 collateral contacts, which may include other professionals. The 920 department’s child protection investigators are hereby 921 designated a criminal justice agency for the purpose of 922 accessing criminal justice information to be used for enforcing 923 this state’s laws concerning the crimes of child abuse, 924 abandonment, and neglect. This information shall be used solely 925 for purposes supporting the detection, apprehension, 926 prosecution, pretrial release, posttrial release, or 927 rehabilitation of criminal offenders or persons accused of the 928 crimes of child abuse, abandonment, or neglect and may not be 929 further disseminated or used for any other purpose. 930 6. Document the present and impending dangers to each child 931 based on the identification of inadequate protective capacity 932 through utilization of a standardized safety assessment 933 instrument. If present or impending danger is identified, the 934 child protective investigator must implement a safety plan or 935 take the child into custody. If present danger is identified and 936 the child is not removed, the child protective investigator 937 shall create and implement a safety plan before leaving the home 938 or the location where there is present danger. If impending 939 danger is identified, the child protective investigator shall 940 create and implement a safety plan as soon as necessary to 941 protect the safety of the child. The child protective 942 investigator may modify the safety plan if he or she identifies 943 additional impending danger. 944 a. If the child protective investigator implements a safety 945 plan, the plan must be specific, sufficient, feasible, and 946 sustainable in response to the realities of the present or 947 impending danger. A safety plan may be an in-home plan or an 948 out-of-home plan, or a combination of both. A safety plan may 949 not rely solely on promissory commitments by the parent, 950 caregiver, or legal custodian who is currently not able to 951 protect the child or on services that are not available or will 952 not result in the safety of the child. A safety plan may not be 953 implemented if for any reason the parents, guardian, or legal 954 custodian lacks the capacity or ability to comply with the plan. 955 If the department is not able to develop a plan that is 956 specific, sufficient, feasible, and sustainable, the department 957 shall file a shelter petition. A child protective investigator 958 shall implement separate safety plans for the perpetrator of 959 domestic violence and the parent who is a victim of domestic 960 violence as defined in s. 741.28. If the perpetrator of domestic 961 violence is not the parent, guardian, or legal custodian of the 962 child, the child protective investigator shall seek issuance of 963 an injunction authorized by s. 39.504 to implement a safety plan 964 for the perpetrator and impose any other conditions to protect 965 the child. The safety plan for the parent who is a victim of 966 domestic violence may not be shared with the perpetrator. If any 967 party to a safety plan fails to comply with the safety plan 968 resulting in the child being unsafe, the department shall file a 969 shelter petition. 970 b. The child protective investigator shall collaborate with 971 the community-based care lead agency in the development of the 972 safety plan as necessary to ensure that the safety plan is 973 specific, sufficient, feasible, and sustainable. The child 974 protective investigator shall identify services necessary for 975 the successful implementation of the safety plan. The child 976 protective investigator and the community-based care lead agency 977 shall mobilize service resources to assist all parties in 978 complying with the safety plan. The community-based care lead 979 agency shall prioritize safety plan services to families who 980 have multiple risk factors, including, but not limited to, two 981 or more of the following: 982 (I) The parent or legal custodian is of young age; 983 (II) The parent or legal custodian, or an adult currently 984 living in or frequently visiting the home, has a history of 985 substance abuse, mental illness, or domestic violence; 986 (III) The parent or legal custodian, or an adult currently 987 living in or frequently visiting the home, has been previously 988 found to have physically or sexually abused a child; 989 (IV) The parent or legal custodian or an adult currently 990 living in or frequently visiting the home has been the subject 991 of multiple allegations by reputable reports of abuse or 992 neglect; 993 (V) The child is physically or developmentally disabled; or 994 (VI) The child is 3 years of age or younger. 995 c. The child protective investigator shall monitor the 996 implementation of the plan to ensure the child’s safety until 997 the case is transferred to the lead agency at which time the 998 lead agency shall monitor the implementation. 999(b) Upon completion of the immediate safety assessment, the1000department shall determine the additional activities necessary1001to assess impending dangers, if any, and close the1002investigation.1003 (b)(c)For each report received from the central abuse 1004 hotline, the department or the sheriff providing child 1005 protective investigative services under s. 39.3065, shall 1006 determine the protective, treatment, and ameliorative services 1007 necessary to safeguard and ensure the child’s safety and well 1008 being and development, and cause the delivery of those services 1009 through the early intervention of the department or its agent. 1010 As applicable, child protective investigators must inform 1011 parents and caregivers how and when to use the injunction 1012 process under s. 741.30 to remove a perpetrator of domestic 1013 violence from the home as an intervention to protect the child. 1014 1. If the department or the sheriff providing child 1015 protective investigative services determines that the interests 1016 of the child and the public will be best served by providing the 1017 child care or other treatment voluntarily accepted by the child 1018 and the parents or legal custodians, the parent or legal 1019 custodian and child may be referred for such care, case 1020 management, or other community resources. 1021 2. If the department or the sheriff providing child 1022 protective investigative services determines that the child is 1023 in need of protection and supervision, the department may file a 1024 petition for dependency. 1025 3. If a petition for dependency is not being filed by the 1026 department, the person or agency originating the report shall be 1027 advised of the right to file a petition pursuant to this part. 1028 4. At the close of an investigation, the department or the 1029 sheriff providing child protective services shall provide to the 1030 person who is alleged to have caused the abuse, neglect, or 1031 abandonment and the parent or legal custodian a summary of 1032 findings from the investigation and provide information about 1033 their right to access confidential reports in accordance with s. 1034 39.202. 1035 (14)(a) If the department or its agent determines that a 1036 child requires immediate or long-term protection through:10371.medical or other health care;or 10382.homemaker care, day care, protective supervision, or 1039 other services to stabilize the home environment, including 1040 intensive family preservation services through the Intensive 1041 Crisis Counseling Program, such services shall first be offered 1042 for voluntary acceptance unless: 1043 1. There are high-risk factors that may impact the ability 1044 of the parents or legal custodians to exercise judgment. Such 1045 factors may include the parents’ or legal custodians’ young age 1046 or history of substance abuse, mental illness, or domestic 1047 violence; or 1048 2. There is a high likelihood of lack of compliance with 1049 voluntary services, and such noncompliance would result in the 1050 child being unsafe. 1051 (b) The parents or legal custodians shall be informed of 1052 the right to refuse services, as well as the responsibility of 1053 the department to protect the child regardless of the acceptance 1054 or refusal of services. If the services are refused, a 1055 collateral contact shall include a relative, if the protective 1056 investigator has knowledge of and the ability to contact a 1057 relative. If the services are refused and the department deems 1058 that the child’s need for protectionsorequires services, the 1059 department shall take the child into protective custody or 1060 petition the court as provided in this chapter. At any time 1061 after the commencement of a protective investigation, a relative 1062 may submit in writing to the protective investigator or case 1063 manager a request to receive notification of all proceedings and 1064 hearings in accordance with s. 39.502. The request shall include 1065 the relative’s name, address, and phone number and the 1066 relative’s relationship to the child. The protective 1067 investigator or case manager shall forward such request to the 1068 attorney for the department. The failure to provide notice to 1069 either a relative who requests it pursuant to this subsection or 1070 to a relative who is providing out-of-home care for a child may 1071 not result in any previous action of the court at any stage or 1072 proceeding in dependency or termination of parental rights under 1073 any part of this chapter being set aside, reversed, modified, or 1074 in any way changed absent a finding by the court that a change 1075 is required in the child’s best interests. 1076 (c) The department, in consultation with the judiciary, 1077 shall adopt by rule: 1078 1. Criteria that are factors requiring that the department 1079 take the child into custody, petition the court as provided in 1080 this chapter, or, if the child is not taken into custody or a 1081 petition is not filed with the court, conduct an administrative 1082 review. Such factors must include, but are not limited to, 1083 noncompliance with a safety plan or the case plan developed by 1084 the department, and the family under this chapter, and prior 1085 abuse reports with findings that involve the child, the child’s 1086 sibling, or the child’s caregiver. 1087 2. Requirements that if after an administrative review the 1088 department determines not to take the child into custody or 1089 petition the court, the department shall document the reason for 1090 its decision in writing and include it in the investigative 1091 file. For all cases that were accepted by the local law 1092 enforcement agency for criminal investigation pursuant to 1093 subsection (2), the department must include in the file written 1094 documentation that the administrative review included input from 1095 law enforcement. In addition, for all cases that must be 1096 referred to child protection teams pursuant to s. 39.303(2) and 1097 (3), the file must include written documentation that the 1098 administrative review included the results of the team’s 1099 evaluation.Factors that must be included in the development of1100the rule include noncompliance with the case plan developed by1101the department, or its agent, and the family under this chapter1102and prior abuse reports with findings that involve the child or1103caregiver.1104 Section 9. Section 39.303, Florida Statutes, is amended to 1105 read: 1106 39.303 Child protection teams; services; eligible cases. 1107 The Children’s Medical Services Program in the Department of 1108 Health shall develop, maintain, and coordinate the services of 1109 one or more multidisciplinary child protection teams in each of 1110 the service districts of the Department of Children and Families 1111Family Services. Such teams may be composed of appropriate 1112 representatives of school districts and appropriate health, 1113 mental health, social service, legal service, and law 1114 enforcement agencies.The Legislature finds that optimal1115coordination of child protection teams and sexual abuse1116treatment programs requires collaboration betweenThe Department 1117 of Health and the Department of Children and FamiliesFamily1118Services. The two departmentsshall maintain an interagency 1119 agreement that establishes protocols for oversight and 1120 operations of child protection teams and sexual abuse treatment 1121 programs. The State Surgeon General and the Deputy Secretary for 1122 Children’s Medical Services, in consultation with the Secretary 1123 of Children and FamiliesFamily Services, shall maintain the 1124 responsibility for the screening, employment, and, if necessary, 1125 the termination of child protection team medical directors, at 1126 headquarters and in the 15 districts. Child protection team 1127 medical directors shall be responsible for oversight of the 1128 teams in the districts. 1129 (1) The Department of Health shall useutilizeand convene 1130 the teams to supplement the assessment and protective 1131 supervision activities of the family safety and preservation 1132 program of the Department of Children and FamiliesFamily1133Services.Nothing inThis section does notshall be construed to1134 remove or reduce the duty and responsibility of any person to 1135 report pursuant to this chapter all suspected or actual cases of 1136 child abuse, abandonment, or neglect or sexual abuse of a child. 1137 The role of the teams shall be to support activities of the 1138 program and to provide services deemed by the teams to be 1139 necessary and appropriate to abused, abandoned, and neglected 1140 children upon referral. The specialized diagnostic assessment, 1141 evaluation, coordination, consultation, and other supportive 1142 services that a child protection team shall be capable of 1143 providing include, but are not limited to, the following: 1144 (a) Medical diagnosis and evaluation services, including 1145 provision or interpretation of X rays and laboratory tests, and 1146 related services, as needed, and documentation of related 1147 findingsrelative thereto. 1148 (b) Telephone consultation services in emergencies and in 1149 other situations. 1150 (c) Medical evaluation related to abuse, abandonment, or 1151 neglect, as defined by policy or rule of the Department of 1152 Health. 1153 (d) Such psychological and psychiatric diagnosis and 1154 evaluation services for the child or the child’s parent or 1155 parents, legal custodian or custodians, or other caregivers, or 1156 any other individual involved in a child abuse, abandonment, or 1157 neglect case, as the team may determine to be needed. 1158 (e) Expert medical, psychological, and related professional 1159 testimony in court cases. 1160 (f) Case staffings to develop treatment plans for children 1161 whose cases have been referred to the team. A child protection 1162 team may provide consultation with respect to a child who is 1163 alleged or is shown to be abused, abandoned, or neglected, which 1164 consultation shall be provided at the request of a 1165 representative of the family safety and preservation program or 1166 at the request of any other professional involved with a child 1167 or the child’s parent or parents, legal custodian or custodians, 1168 or other caregivers. In every such child protection team case 1169 staffing, consultation, or staff activity involving a child, a 1170 family safety and preservation program representative shall 1171 attend and participate. 1172 (g) Case service coordination and assistance, including the 1173 location of services available from other public and private 1174 agencies in the community. 1175 (h) Such training services for program and other employees 1176 of the Department of Children and FamiliesFamily Services, 1177 employees of the Department of Health, and other medical 1178 professionals as is deemed appropriate to enable them to develop 1179 and maintain their professional skills and abilities in handling 1180 child abuse, abandonment, and neglect cases. 1181 (i) Educational and community awareness campaigns on child 1182 abuse, abandonment, and neglect in an effort to enable citizens 1183 more successfully to prevent, identify, and treat child abuse, 1184 abandonment, and neglect in the community. 1185 (j) Child protection team assessments that include, as 1186 appropriate, medical evaluations, medical consultations, family 1187 psychosocial interviews, specialized clinical interviews, or 1188 forensic interviews. 1189 1190 All medical personnel participating on a child protection team 1191 must successfully complete the required child protection team 1192 training curriculum as set forth in protocols determined by the 1193 Deputy Secretary for Children’s Medical Services and the 1194 Statewide Medical Director for Child Protection. A child 1195 protection team that is evaluating a report of medical neglect 1196 and assessing the health care needs of a medically complex child 1197 shall consult with a physician who has experience in treating 1198 children with the same condition. 1199 (2) The child abuse, abandonment, and neglect reports that 1200 must be referred by the department to child protection teams of 1201 the Department of Health for an assessment and other appropriate 1202 available support services as set forth in subsection (1) must 1203 include cases involving: 1204 (a) Injuries to the head, bruises to the neck or head, 1205 burns, or fractures in a child of any age. 1206 (b) Bruises anywhere on a child 5 years of age or under. 1207 (c) Any report alleging sexual abuse of a child. 1208 (d) Any sexually transmitted disease in a prepubescent 1209 child. 1210 (e) Reported malnutrition of a child and failure of a child 1211 to thrive. 1212 (f) Reported medical neglect of a child. 1213 (g) Any family in which one or more children have been 1214 pronounced dead on arrival at a hospital or other health care 1215 facility, or have been injured and later died, as a result of 1216 suspected abuse, abandonment, or neglect, when any sibling or 1217 other child remains in the home. 1218 (h) Symptoms of serious emotional problems in a child when 1219 emotional or other abuse, abandonment, or neglect is suspected. 1220 (3) All abuse and neglect cases transmitted for 1221 investigation to a district by the hotline must be 1222 simultaneously transmitted to the Department of Health child 1223 protection team for review. For the purpose of determining 1224 whether face-to-face medical evaluation by a child protection 1225 team is necessary, all cases transmitted to the child protection 1226 team which meet the criteria in subsection (2) must be timely 1227 reviewed by: 1228 (a) A physician licensed under chapter 458 or chapter 459 1229 who holds board certification in pediatrics and is a member of a 1230 child protection team; 1231 (b) A physician licensed under chapter 458 or chapter 459 1232 who holds board certification in a specialty other than 1233 pediatrics, who may complete the review only when working under 1234 the direction of a physician licensed under chapter 458 or 1235 chapter 459 who holds board certification in pediatrics and is a 1236 member of a child protection team; 1237 (c) An advanced registered nurse practitioner licensed 1238 under chapter 464 who has a specialtyspecialityin pediatrics 1239 or family medicine and is a member of a child protection team; 1240 (d) A physician assistant licensed under chapter 458 or 1241 chapter 459, who may complete the review only when working under 1242 the supervision of a physician licensed under chapter 458 or 1243 chapter 459 who holds board certification in pediatrics and is a 1244 member of a child protection team; or 1245 (e) A registered nurse licensed under chapter 464, who may 1246 complete the review only when working under the direct 1247 supervision of a physician licensed under chapter 458 or chapter 1248 459 who holds certification in pediatrics and is a member of a 1249 child protection team. 1250 (4) A face-to-face medical evaluation by a child protection 1251 team is not necessary when: 1252 (a) The child was examined for the alleged abuse or neglect 1253 by a physician who is not a member of the child protection team, 1254 and a consultation between the child protection team board 1255 certified pediatrician, advanced registered nurse practitioner, 1256 physician assistant working under the supervision of a child 1257 protection team board-certified pediatrician, or registered 1258 nurse working under the direct supervision of a child protection 1259 team board-certified pediatrician, and the examining physician 1260 concludes that a further medical evaluation is unnecessary; 1261 (b) The child protective investigator, with supervisory 1262 approval, has determined, after conducting a child safety 1263 assessment, that there are no indications of injuries as 1264 described in paragraphs (2)(a)-(h) as reported; or 1265 (c) The child protection team board-certified pediatrician, 1266 as authorized in subsection (3), determines that a medical 1267 evaluation is not required. 1268 1269 Notwithstanding paragraphs (a), (b), and (c), a child protection 1270 team pediatrician, as authorized in subsection (3), may 1271 determine that a face-to-face medical evaluation is necessary. 1272 (5) In all instances in which a child protection team is 1273 providing certain services to abused, abandoned, or neglected 1274 children, other offices and units of the Department of Health, 1275 and offices and units of the Department of Children and Families 1276Family Services, shall avoid duplicating the provision of those 1277 services. 1278 (6) The Department of Health child protection team quality 1279 assurance program and the Family Safety Program Office of the 1280 Department of Children and FamiliesFamily Services’ Family1281Safety Program Office quality assurance programshall 1282 collaborate to ensure referrals and responses to child abuse, 1283 abandonment, and neglect reports are appropriate. Each quality 1284 assurance program shall include a review of records in which 1285 there are no findings of abuse, abandonment, or neglect, and the 1286 findings of these reviews shall be included in each department’s 1287 quality assurance reports. 1288 Section 10. Section 39.3068, Florida Statutes, is created 1289 to read: 1290 39.3068 Reports of medical neglect.— 1291 (1) Upon receiving a report alleging medical neglect, the 1292 department or sheriff’s office shall assign the case to a child 1293 protective investigator who has specialized training in 1294 addressing medical neglect or working with medically complex 1295 children if such investigator is available. If a child 1296 protective investigator with specialized training is not 1297 available, the child protective investigator shall consult with 1298 department staff with such expertise. 1299 (2) The child protective investigator who has interacted 1300 with the child and the child’s family shall promptly contact and 1301 provide information to the child protection team. The child 1302 protection team shall assist the child protective investigator 1303 in identifying immediate responses to address the medical needs 1304 of the child with the priority of maintaining the child in the 1305 home if the parents will be able to meet the needs of the child 1306 with additional services. The child protective investigator and 1307 the child protection team must use a family-centered approach to 1308 assess the capacity of the family to meet those needs. A family 1309 centered approach is intended to increase independence on the 1310 part of the family, accessibility to programs and services 1311 within the community, and collaboration between families and 1312 their service providers. The ethnic, cultural, economic, racial, 1313 social, and religious diversity of families must be respected 1314 and considered in the development and provision of services. 1315 (3) The child shall be evaluated by the child protection 1316 team as soon as practicable. After receipt of the report from 1317 the child protection team, the department shall convene a case 1318 staffing which shall be attended, at a minimum, by the child 1319 protective investigator; department legal staff; and 1320 representatives from the child protection team that evaluated 1321 the child, Children’s Medical Services, the Agency for Health 1322 Care Administration, the community-based care lead agency, and 1323 any providers of services to the child. However, the Agency for 1324 Health Care Administration is not required to attend the 1325 staffing if the child is not Medicaid eligible. The staffing 1326 shall consider, at a minimum, available services, given the 1327 family’s eligibility for services; services that are effective 1328 in addressing conditions leading to medical neglect allegations; 1329 and services that would enable the child to safely remain at 1330 home. Any services that are available and effective shall be 1331 provided. 1332 Section 11. Section 39.307, Florida Statutes, is amended to 1333 read: 1334 39.307 Reports of child-on-child sexual abuse.— 1335 (1) Upon receiving a report alleging juvenile sexual abuse 1336 or inappropriate sexual behavior as defined in s. 39.01(7), the 1337 department shall assist the family, child, and caregiver in 1338 receiving appropriate services to address the allegations of the 1339 report. 1340 (a) The department shall ensure that information describing 1341 the child’s history of child sexual abuse is included in the 1342 child’s electronic record. This record must also include 1343 information describing the services the child has received as a 1344 result of his or her involvement with child sexual abuse. 1345 (b) Placement decisions for a child who has been involved 1346 with child sexual abuse must include consideration of the needs 1347 of the child and any other children in the placement. 1348 (c) The department shall monitor the occurrence of child 1349 sexual abuse and the provision of services to children involved 1350 in child sexual abuse, juvenile sexual abuse, or who have 1351 displayed inappropriate sexual behavior. 1352 (2) The department, contracted sheriff’s office providing 1353 protective investigation services, or contracted case management 1354 personnel responsible for providing services, at a minimum, 1355 shall adhere to the following procedures: 1356 (a) The purpose of the response to a report alleging 1357 juvenile sexual abuse behavior or inappropriate sexual behavior 1358 shall be explained to the caregiver. 1359 1. The purpose of the response shall be explained in a 1360 manner consistent with legislative purpose and intent provided 1361 in this chapter. 1362 2. The name and office telephone number of the person 1363 responding shall be provided to the caregiver of the alleged 1364 abuserjuvenile sexual offenderor child who has exhibited 1365 inappropriate sexual behavior and the victim’s caregiver. 1366 3. The possible consequences of the department’s response, 1367 including outcomes and services, shall be explained to the 1368 caregiver of the alleged abuserjuvenile sexual offenderor 1369 child who has exhibited inappropriate sexual behavior and the 1370 victim’s caregiver. 1371 (b) The caregiver of the alleged abuserjuvenile sexual1372offenderor child who has exhibited inappropriate sexual 1373 behavior and the victim’s caregiver shall be involved to the 1374 fullest extent possible in determining the nature of the sexual 1375 behavior concerns and the nature of any problem or risk to other 1376 children. 1377 (c) The assessment of risk and the perceived treatment 1378 needs of the alleged abuserjuvenile sexual offenderor child 1379 who has exhibited inappropriate sexual behavior, the victim, and 1380 respective caregivers shall be conducted by the district staff, 1381 the child protection team of the Department of Health, and other 1382 providers under contract with the department to provide services 1383 to the caregiver of the alleged offender, the victim, and the 1384 victim’s caregiver. 1385 (d) The assessment shall be conducted in a manner that is 1386 sensitive to the social, economic, and cultural environment of 1387 the family. 1388 (e) If necessary, the child protection team of the 1389 Department of Health shall conduct a physical examination of the 1390 victim, which is sufficient to meet forensic requirements. 1391 (f) Based on the information obtained from the alleged 1392 abuserjuvenile sexual offenderor child who has exhibited 1393 inappropriate sexual behavior, his or her caregiver, the victim, 1394 and the victim’s caregiver, an assessment of service and 1395 treatment needs must be completed and, if needed, a case plan 1396 developed within 30 days. 1397 (g) The department shall classify the outcome of the report 1398 as follows: 1399 1. Report closed. Services were not offered because the 1400 department determined that there was no basis for intervention. 1401 2. Services accepted by alleged abuserjuvenile sexual1402offender. Services were offered to the alleged abuserjuvenile1403sexual offenderor child who has exhibited inappropriate sexual 1404 behavior and accepted by the caregiver. 1405 3. Report closed. Services were offered to the alleged 1406 abuserjuvenile sexual offenderor child who has exhibited 1407 inappropriate sexual behavior, but were rejected by the 1408 caregiver. 1409 4. Notification to law enforcement. The risk to the 1410 victim’s safety and well-being cannot be reduced by the 1411 provision of services or the caregiver rejected services, and 1412 notification of the alleged delinquent act or violation of law 1413 to the appropriate law enforcement agency was initiated. 1414 5. Services accepted by victim. Services were offered to 1415 the victim and accepted by the caregiver. 1416 6. Report closed. Services were offered to the victim but 1417 were rejected by the caregiver. 1418 (3) If services have been accepted by the alleged abuser 1419juvenile sexual offenderor child who has exhibited 1420 inappropriate sexual behavior, the victim, and respective 1421 caregivers, the department shall designate a case manager and 1422 develop a specific case plan. 1423 (a) Upon receipt of the plan, the caregiver shall indicate 1424 its acceptance of the plan in writing. 1425 (b) The case manager shall periodically review the progress 1426 toward achieving the objectives of the plan in order to: 1427 1. Make adjustments to the plan or take additional action 1428 as provided in this part; or 1429 2. Terminate the case if indicated by successful or 1430 substantial achievement of the objectives of the plan. 1431 (4) Services provided to the alleged abuserjuvenile sexual1432offenderor child who has exhibited inappropriate sexual 1433 behavior, the victim, and respective caregivers or family must 1434 be voluntary and of necessary duration. 1435 (5) If the family or caregiver of the alleged abuser 1436juvenile sexual offenderor child who has exhibited 1437 inappropriate sexual behavior fails to adequately participate or 1438 allow for the adequate participation of the child in the 1439 services or treatment delineated in the case plan, the case 1440 manager may recommend that the department: 1441 (a) Close the case; 1442 (b) Refer the case to mediation or arbitration, if 1443 available; or 1444 (c) Notify the appropriate law enforcement agency of 1445 failure to comply. 1446 (6) At any time, as a result of additional information, 1447 findings of facts, or changing conditions, the department may 1448 pursue a child protective investigation as provided in this 1449 chapter. 1450 (7) The department may adoptis authorized to developrules 1451and other policy directives necessaryto administerimplement1452the provisions ofthis section. 1453 Section 12. Paragraph (h) of subsection (8) and subsection 1454 (9) of section 39.402, Florida Statutes, are amended to read: 1455 39.402 Placement in a shelter.— 1456 (8) 1457 (h) The order for placement of a child in shelter care must 1458 identify the parties present at the hearing and must contain 1459 written findings: 1460 1. That placement in shelter care is necessary based on the 1461 criteria in subsections (1) and (2). 1462 2. That placement in shelter care is in the best interest 1463 of the child. 1464 3. That continuation of the child in the home is contrary 1465 to the welfare of the child because the home situation presents 1466 a substantial and immediate danger to the child’s physical, 1467 mental, or emotional health or safety which cannot be mitigated 1468 by the provision of preventive services. 1469 4. That based upon the allegations of the petition for 1470 placement in shelter care, there is probable cause to believe 1471 that the child is dependent or that the court needs additional 1472 time, which may not exceed 72 hours, in which to obtain and 1473 review documents pertaining to the family in order to 1474 appropriately determine the risk to the child. 1475 5. That the department has made reasonable efforts to 1476 prevent or eliminate the need for removal of the child from the 1477 home. A finding of reasonable effort by the department to 1478 prevent or eliminate the need for removal may be made and the 1479 department is deemed to have made reasonable efforts to prevent 1480 or eliminate the need for removal if: 1481 a. The first contact of the department with the family 1482 occurs during an emergency; 1483 b. The appraisal of the home situation by the department 1484 indicates that the home situation presents a substantial and 1485 immediate danger to the child’s physical, mental, or emotional 1486 health or safety which cannot be mitigated by the provision of 1487 preventive services; 1488 c. The child cannot safely remain at home, either because 1489 there are no preventive services that can ensure the health and 1490 safety of the child or because, even with appropriate and 1491 available services being provided, the health and safety of the 1492 child cannot be ensured; or 1493 d. The parent or legal custodian is alleged to have 1494 committed any of the acts listed as grounds for expedited 1495 termination of parental rights in s. 39.806(1)(f)-(i). 1496 6. That the department has made reasonable efforts to keep 1497 siblings together if they are removed and placed in out-of-home 1498 care unless such placement is not in the best interest of each 1499 child. Reasonable efforts shall include short-term placement in 1500 a group home with the ability to accommodate sibling groups if 1501 such a placement is available. The department shall report to 1502 the court its efforts to place siblings together unless the 1503 court finds that such placement is not in the best interest of a 1504 child or his or her sibling. 1505 7.6.That the court notified the parents, relatives that 1506 are providing out-of-home care for the child, or legal 1507 custodians of the time, date, and location of the next 1508 dependency hearing and of the importance of the active 1509 participation of the parents, relatives that are providing out 1510 of-home care for the child, or legal custodians in all 1511 proceedings and hearings. 1512 8.7.That the court notified the parents or legal 1513 custodians of their right to counsel to represent them at the 1514 shelter hearing and at each subsequent hearing or proceeding, 1515 and the right of the parents to appointed counsel, pursuant to 1516 the procedures set forth in s. 39.013. 1517 9.8.That the court notified relatives who are providing 1518 out-of-home care for a child as a result of the shelter petition 1519 being granted that they have the right to attend all subsequent 1520 hearings, to submit reports to the court, and to speak to the 1521 court regarding the child, if they so desire. 1522 (9)(a) At any shelter hearing, the department shall provide 1523 to the court a recommendation for scheduled contact between the 1524 child and parents, if appropriate. The court shall determine 1525 visitation rights absent a clear and convincing showing that 1526 visitation is not in the best interest of the child. Any order 1527 for visitation or other contact must conform tothe provisions1528ofs. 39.0139. If visitation is ordered but will not commence 1529 within 72 hours of the shelter hearing, the department shall 1530 provide justification to the court. 1531 (b) If siblings who are removed from the home cannot be 1532 placed together, the department shall provide to the court a 1533 recommendation for frequent visitation or other ongoing 1534 interaction between the siblings unless this interaction would 1535 be contrary to a sibling’s safety or well-being. If visitation 1536 among siblings is ordered but will not commence within 72 hours 1537 after the shelter hearing, the department shall provide 1538 justification to the court for the delay. 1539 Section 13. Paragraph (d) of subsection (3) of section 1540 39.501, Florida Statutes, is amended to read: 1541 39.501 Petition for dependency.— 1542 (3) 1543 (d) The petitioner must state in the petition, if known, 1544 whether: 1545 1. A parent or legal custodian named in the petition has 1546 previously unsuccessfully participated in voluntary services 1547 offered by the department; 1548 2. A parent or legal custodian named in the petition has 1549 participated in mediation and whether a mediation agreement 1550 exists; 1551 3. A parent or legal custodian has rejected the voluntary 1552 services offered by the department; 1553 4. A parent or legal custodian named in the petition has 1554 not fully complied with a safety plan; or 1555 5.4.The department has determined that voluntary services 1556 are not appropriate for the parent or legal custodian and the 1557 reasons for such determination. 1558 1559 If the department is the petitioner, it shall provide all safety 1560 plans as defined in s. 39.01 involving the parent or legal 1561 custodian to the court. 1562 Section 14. Paragraph (a) of subsection (4) of section 1563 39.504, Florida Statutes, is amended to read: 1564 39.504 Injunction pending disposition of petition; 1565 penalty.— 1566 (4) If an injunction is issued under this section, the 1567 primary purpose of the injunction must be to protect and promote 1568 the best interests of the child, taking the preservation of the 1569 child’s immediate family into consideration. 1570 (a) The injunction applies to the alleged or actual 1571 offender in a case of child abuse or acts of domestic violence. 1572 The conditions of the injunction shall be determined by the 1573 court, which may include ordering the alleged or actual offender 1574 to: 1575 1. Refrain from further abuse or acts of domestic violence. 1576 2. Participate in a specialized treatment program. 1577 3. Limit contact or communication with the child victim, 1578 other children in the home, or any other child. 1579 4. Refrain from contacting the child at home, school, work, 1580 or wherever the child may be found. 1581 5. Have limited or supervised visitation with the child. 1582 6. Vacate the home in which the child resides. 1583 7. Comply with the terms of a safety plan implemented in 1584 the injunction pursuant to s. 39.301. 1585 Section 15. Section 39.5085, Florida Statutes, is amended 1586 to read: 1587 39.5085 Relative Caregiver Program.— 1588 (1) It is the intent of the Legislature in enacting this 1589 section to: 1590 (a) Provide for the establishment of procedures and 1591 protocols that serve to advance the continued safety of children 1592 by acknowledging the valued resource uniquely available through 1593 grandparents,andrelatives of children, and specified 1594 nonrelatives of children pursuant to subparagraph (2)(a)3. 1595 (b) Recognize family relationships in which a grandparent 1596 or other relative is the head of a household that includes a 1597 child otherwise at risk of foster care placement. 1598 (c) Enhance family preservation and stability by 1599 recognizing that most children in such placements with 1600 grandparents and other relatives do not need intensive 1601 supervision of the placement by the courts or by the department. 1602 (d) Recognize that permanency in the best interests of the 1603 child can be achieved through a variety of permanency options, 1604 including permanent guardianship under s. 39.6221 if the 1605 guardian is a relative, by permanent placement with a fit and 1606 willing relative under s. 39.6231, by a relative, guardianship 1607 under chapter 744, or adoption, by providing additional 1608 placement options and incentives that will achieve permanency 1609 and stability for many children who are otherwise at risk of 1610 foster care placement because of abuse, abandonment, or neglect, 1611 but who may successfully be able to be placed by the dependency 1612 court in the care of such relatives. 1613 (e) Reserve the limited casework and supervisory resources 1614 of the courts and the department for those cases in which 1615 children do not have the option for safe, stable care within the 1616 family. 1617 (f) Recognize that a child may have a close relationship 1618 with a person who is not a blood relative or a relative by 1619 marriage and that such person should be eligible for financial 1620 assistance under this section if he or she is able and willing 1621 to care for the child and provide a safe, stable home 1622 environment. 1623 (2)(a) The Department of Children and FamiliesFamily1624Servicesshall establish and operate the Relative Caregiver 1625 Program pursuant to eligibility guidelines established in this 1626 section as further implemented by rule of the department. The 1627 Relative Caregiver Program shall, within the limits of available 1628 funding, provide financial assistance to: 1629 1. Relatives who are within the fifth degree by blood or 1630 marriage to the parent or stepparent of a child and who are 1631 caring full-time for that dependent child in the role of 1632 substitute parent as a result of a court’s determination of 1633 child abuse, neglect, or abandonment and subsequent placement 1634 with the relative under this chapter. 1635 2. Relatives who are within the fifth degree by blood or 1636 marriage to the parent or stepparent of a child and who are 1637 caring full-time for that dependent child, and a dependent half 1638 brother or half-sister of that dependent child, in the role of 1639 substitute parent as a result of a court’s determination of 1640 child abuse, neglect, or abandonment and subsequent placement 1641 with the relative under this chapter. 1642 3. Nonrelatives who are willing to assume custody and care 1643 of a dependent child in the role of substitute parent as a 1644 result of a court’s determination of child abuse, neglect, or 1645 abandonment and subsequent placement with the nonrelative 1646 caregiver under this chapter. The court must find that a 1647 proposed placement under this subparagraph is in the best 1648 interest of the child. 1649 1650 The placement may be court-ordered temporary legal custody to 1651 the relative or nonrelative under protective supervision of the 1652 department pursuant to s. 39.521(1)(b)3., or court-ordered 1653 placement in the home of a relative or nonrelative as a 1654 permanency option under s. 39.6221 or s. 39.6231 or under former 1655 s. 39.622 if the placement was made before July 1, 2006. The 1656 Relative Caregiver Program shall offer financial assistance to 1657 caregiverswho are relativesandwho would be unable to serve in 1658 that capacity without therelativecaregiver payment because of 1659 financial burden, thus exposing the child to the trauma of 1660 placement in a shelter or in foster care. 1661 (b) Caregiverswho are relatives andwho receive assistance 1662 under this section must be capable, as determined by a home 1663 study, of providing a physically safe environment and a stable, 1664 supportive home for the children under their care,and must 1665 assure that the children’s well-being is met, including, but not 1666 limited to, the provision of immunizations, education, and 1667 mental health services as needed. 1668 (c) Relatives or nonrelatives who qualify for and 1669 participate in the Relative Caregiver Program are not required 1670 to meet foster care licensing requirements under s. 409.175. 1671 (d) Relatives or nonrelatives who are caring for children 1672 placed with them by the court pursuant to this chapter shall 1673 receive a special monthlyrelativecaregiver benefit established 1674 by rule of the department. The amount of the special benefit 1675 payment shall be based on the child’s age within a payment 1676 schedule established by rule of the department and subject to 1677 availability of funding. The statewide average monthly rate for 1678 children judicially placed with relatives or nonrelatives who 1679 are not licensed as foster homes may not exceed 82 percent of 1680 the statewide average foster care rate, andnor maythe cost of 1681 providing the assistance described in this section to any 1682relativecaregiver may not exceed the cost of providing out-of 1683 home care in emergency shelter or foster care. 1684 (e) Children receiving cash benefits under this section are 1685 not eligible to simultaneously receive WAGES cash benefits under 1686 chapter 414. 1687 (f) Within available funding, the Relative Caregiver 1688 Program shall providerelativecaregivers with family support 1689 and preservation services, flexible funds in accordance with s. 1690 409.165, school readiness, and other available services in order 1691 to support the child’s safety, growth, and healthy development. 1692 Children living withrelativecaregivers who are receiving 1693 assistance under this section shall be eligible for Medicaid 1694 coverage. 1695 (g) The department may use appropriate available state, 1696 federal, and private funds to operate the Relative Caregiver 1697 Program. The department may develop liaison functions to be 1698 available to relatives or nonrelatives who care for children 1699 pursuant to this chapter to ensure placement stability in 1700 extended family settings. 1701 Section 16. Subsections (3) and (4) of section 39.604, 1702 Florida Statutes, are amended to read: 1703 39.604 Rilya Wilson Act; short title; legislative intent; 1704 requirements; attendance and reporting responsibilities.— 1705 (3) REQUIREMENTS.—A child from birth to the age ofwho is1706age 3 years toschool entry, under court-orderedcourt ordered1707 protective supervision or in the custody of the Family Safety 1708 Program Office of the Department of Children and FamiliesFamily1709Servicesor a community-based lead agency, and enrolled in a 1710 licensed early education or child care program must attendbe1711enrolled to participate inthe program 5 days a week. 1712 Notwithstandingthe requirements ofs. 39.202, the Department of 1713 Children and FamiliesFamily Servicesmust notify operators of 1714 the licensed early education or child care program, subject to 1715 the reporting requirements of this act, of the enrollment of any 1716 child from birth to the age ofage 3 years toschool entry, 1717 under court-orderedcourt orderedprotective supervision or in 1718 the custody of the Family Safety Program Office of the 1719 Department of Children and FamiliesFamily Servicesor a 1720 community-based lead agency. When a child is enrolled in an 1721 early education or child care program regulated by the 1722 department, the child’s attendance in the program must be a 1723 required action in the safety plan or the case plan developed 1724 for theachild pursuant to this chapterwho is enrolled in a1725licensed early education or child care program must contain the1726participation in this program as a required action. An exemption 1727 to participating in the licensed early education or child care 1728 program 5 days a week may be granted by the court. 1729 (4) ATTENDANCE AND REPORTING REQUIREMENTS.— 1730 (a) A child enrolled in a licensed early education or child 1731 care program who meets the requirements of subsection (3) may 1732 not be withdrawn from the program without the prior written 1733 approval of the Family Safety Program Office of the Department 1734 of Children and FamiliesFamily Servicesor the community-based 1735 lead agency. 1736 (b)1. If a child covered by this section is absent from the 1737 program on a day when he or she is supposed to be present, the 1738 person with whom the child resides must report the absence to 1739 the program by the end of the business day. If the person with 1740 whom the child resides, whether the parent or caregiver, fails 1741 to timely report the absence, the absence is considered to be 1742 unexcused. The program shall report any unexcused absence or 1743 seven consecutive excused absences of a child who is enrolled in 1744 the program and covered by this act to the local designated 1745 staff of the Family Safety Program Office of the Department of 1746 Children and FamiliesFamily Servicesor the community-based 1747 lead agency by the end of the business day following the 1748 unexcused absence or seventh consecutive excused absence. 1749 2. The department or community-based lead agency shall 1750 conduct a site visit to the residence of the child upon 1751 receiving a report of two consecutive unexcused absences or 1752 seven consecutive excused absences. 1753 3. If the site visit results in a determination that the 1754 child is missing, the department or community-based lead agency 1755 shall report the child as missing to a law enforcement agency 1756 and proceed with the necessary actions to locate the child 1757 pursuant to procedures for locating missing children. 1758 4. If the site visit results in a determination that the 1759 child is not missing, the parent or caregiver shall be notified 1760 that failure to ensure that the child attends the licensed early 1761 education or child care program is a violation of the safety 1762 plan or the case plan. If more than two site visits are 1763 conducted pursuant to this subsection, staff shall initiate 1764 action to notify the court of the parent or caregiver’s 1765 noncompliance with the case plan. 1766 Section 17. Paragraph (c) of subsection (2) and paragraph 1767 (a) of subsection (3) of section 39.701, Florida Statutes, are 1768 amended to read: 1769 39.701 Judicial review.— 1770 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 1771 AGE.— 1772 (c) Review determinations.—The court and any citizen review 1773 panel shall take into consideration the information contained in 1774 the social services study and investigation and all medical, 1775 psychological, and educational records that support the terms of 1776 the case plan; testimony by the social services agency, the 1777 parent, the foster parent or legal custodian, the guardian ad 1778 litem or surrogate parent for educational decisionmaking if one 1779 has been appointed for the child, and any other person deemed 1780 appropriate; and any relevant and material evidence submitted to 1781 the court, including written and oral reports to the extent of 1782 their probative value. These reports and evidence may be 1783 received by the court in its effort to determine the action to 1784 be taken with regard to the child and may be relied upon to the 1785 extent of their probative value, even though not competent in an 1786 adjudicatory hearing. In its deliberations, the court and any 1787 citizen review panel shall seek to determine: 1788 1. If the parent was advised of the right to receive 1789 assistance from any person or social service agency in the 1790 preparation of the case plan. 1791 2. If the parent has been advised of the right to have 1792 counsel present at the judicial review or citizen review 1793 hearings. If not so advised, the court or citizen review panel 1794 shall advise the parent of such right. 1795 3. If a guardian ad litem needs to be appointed for the 1796 child in a case in which a guardian ad litem has not previously 1797 been appointed or if there is a need to continue a guardian ad 1798 litem in a case in which a guardian ad litem has been appointed. 1799 4. Who holds the rights to make educational decisions for 1800 the child. If appropriate, the court may refer the child to the 1801 district school superintendent for appointment of a surrogate 1802 parent or may itself appoint a surrogate parent under the 1803 Individuals with Disabilities Education Act and s. 39.0016. 1804 5. The compliance or lack of compliance of all parties with 1805 applicable items of the case plan, including the parents’ 1806 compliance with child support orders. 1807 6. The compliance or lack of compliance with a visitation 1808 contract between the parent and the social service agency for 1809 contact with the child, including the frequency, duration, and 1810 results of the parent-child visitation and the reason for any 1811 noncompliance. 1812 7. The frequency, kind, and duration of contacts among 1813 siblings who have been separated during placement, as well as 1814 any efforts undertaken to reunite separated siblings if doing so 1815 is in the best interest of the child. 1816 8.7.The compliance or lack of compliance of the parent in 1817 meeting specified financial obligations pertaining to the care 1818 of the child, including the reason for failure to comply, if 1819 applicablesuch is the case. 1820 9.8.Whether the child is receiving safe and proper care 1821 according to s. 39.6012, including, but not limited to, the 1822 appropriateness of the child’s current placement, including 1823 whether the child is in a setting that is as family-like and as 1824 close to the parent’s home as possible, consistent with the 1825 child’s best interests and special needs, and including 1826 maintaining stability in the child’s educational placement, as 1827 documented by assurances from the community-based care provider 1828 that: 1829 a. The placement of the child takes into account the 1830 appropriateness of the current educational setting and the 1831 proximity to the school in which the child is enrolled at the 1832 time of placement. 1833 b. The community-based care agency has coordinated with 1834 appropriate local educational agencies to ensure that the child 1835 remains in the school in which the child is enrolled at the time 1836 of placement. 1837 10.9.A projected date likely for the child’s return home 1838 or other permanent placement. 1839 11.10.When appropriate, the basis for the unwillingness or 1840 inability of the parent to become a party to a case plan. The 1841 court and the citizen review panel shall determine if the 1842 efforts of the social service agency to secure party 1843 participation in a case plan were sufficient. 1844 12.11.For a child who has reached 13 years of age but is 1845 not yet 18 years of age, the adequacy of the child’s preparation 1846 for adulthood and independent living. 1847 13.12.If amendments to the case plan are required. 1848 Amendments to the case plan must be made under s. 39.6013. 1849 (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.— 1850 (a) In addition to the review and report required under 1851 paragraphs (1)(a) and (2)(a), respectively, the court shall hold 1852 a judicial review hearing within 90 days after a child’s 17th 1853 birthday. The court shall also issue an order, separate from the 1854 order on judicial review, that the disability of nonage of the 1855 child has been removed pursuant to ss. 743.044, 743.045, and 1856 743.046, and for any of these disabilities that the court finds 1857 is in the child’s best interest to remove. The courts. 743.0451858andshall continue to hold timely judicial review hearings. If 1859 necessary, the court may review the status of the child more 1860 frequently during the year before the child’s 18th birthday. At 1861 each review hearing held under this subsection, in addition to 1862 any information or report provided to the court by the foster 1863 parent, legal custodian, or guardian ad litem, the child shall 1864 be given the opportunity to address the court with any 1865 information relevant to the child’s best interest, particularly 1866 in relation to independent living transition services. The 1867 department shall include in the social study report for judicial 1868 review written verification that the child has: 1869 1. A current Medicaid card and all necessary information 1870 concerning the Medicaid program sufficient to prepare the child 1871 to apply for coverage upon reaching the age of 18, if such 1872 application is appropriate. 1873 2. A certified copy of the child’s birth certificate and, 1874 if the child does not have a valid driver license, a Florida 1875 identification card issued under s. 322.051. 1876 3. A social security card and information relating to 1877 social security insurance benefits if the child is eligible for 1878 those benefits. If the child has received such benefits and they 1879 are being held in trust for the child, a full accounting of 1880 these funds must be provided and the child must be informed as 1881 to how to access those funds. 1882 4. All relevant information related to the Road-to 1883 Independence Program, including, but not limited to, eligibility 1884 requirements, information on participation, and assistance in 1885 gaining admission to the program. If the child is eligible for 1886 the Road-to-Independence Program, he or she must be advised that 1887 he or she may continue to reside with the licensed family home 1888 or group care provider with whom the child was residing at the 1889 time the child attained his or her 18th birthday, in another 1890 licensed family home, or with a group care provider arranged by 1891 the department. 1892 5. An open bank account or the identification necessary to 1893 open a bank account and to acquire essential banking and 1894 budgeting skills. 1895 6. Information on public assistance and how to apply for 1896 public assistance. 1897 7. A clear understanding of where he or she will be living 1898 on his or her 18th birthday, how living expenses will be paid, 1899 and the educational program or school in which he or she will be 1900 enrolled. 1901 8. Information related to the ability of the child to 1902 remain in care until he or she reaches 21 years of age under s. 1903 39.013. 1904 9. A letter providing the dates that the child is under the 1905 jurisdiction of the court. 1906 10. A letter stating that the child is in compliance with 1907 financial aid documentation requirements. 1908 11. The child’s educational records. 1909 12. The child’s entire health and mental health records. 1910 13. The process for accessing his or her case file. 1911 14. A statement encouraging the child to attend all 1912 judicial review hearings occurring after the child’s 17th 1913 birthday. 1914 Section 18. Subsection (2) of section 39.802, Florida 1915 Statutes, is amended to read: 1916 39.802 Petition for termination of parental rights; filing; 1917 elements.— 1918 (2) The form of the petition is governed by the Florida 1919 Rules of Juvenile Procedure. The petition must be in writing and 1920 signed by the petitioneror, if the department is the1921petitioner, by an employee of the department,under oath stating 1922 the petitioner’s good faith in filing the petition. 1923 Section 19. Paragraphs (e), (f), and (h) of subsection (1) 1924 of section 39.806, Florida Statutes, are amended, and paragraph 1925 (n) is added to that subsection, to read: 1926 39.806 Grounds for termination of parental rights.— 1927 (1) Grounds for the termination of parental rights may be 1928 established under any of the following circumstances: 1929 (e) When a child has been adjudicated dependent, a case 1930 plan has been filed with the court, and: 1931 1. The child continues to be abused, neglected, or 1932 abandoned by the parent or parents. The failure of the parent or 1933 parents to substantially comply with the case plan for a period 1934 of 12 months after an adjudication of the child as a dependent 1935 child or the child’s placement into shelter care, whichever 1936 occurs first, constitutes evidence of continuing abuse, neglect, 1937 or abandonment unless the failure to substantially comply with 1938 the case plan was due to the parent’s lack of financial 1939 resources or to the failure of the department to make reasonable 1940 efforts to reunify the parent and child. The 12-month period 1941 begins to run only after the child’s placement into shelter care 1942 or the entry of a disposition order placing the custody of the 1943 child with the department or a person other than the parent and 1944 the court’s approval of a case plan having the goal of 1945 reunification with the parent, whichever occurs first; or 1946 2. The parent or parents have materially breached the case 1947 plan. Time is of the essence for permanency of children in the 1948 dependency system. In order to prove the parent or parents have 1949 materially breached the case plan, the court must find by clear 1950 and convincing evidence that the parent or parents are unlikely 1951 or unable to substantially comply with the case plan before time 1952 to comply with the case plan expires. 1953 3. The child has been in care for any 12 of the last 22 1954 months and the parents have not substantially complied with the 1955 case plan so as to permit reunification under s. 39.522(2) 1956 unless the failure to substantially comply with the case plan 1957 was due to the parent’s lack of financial resources or to the 1958 failure of the department to make reasonable efforts to reunify 1959 the parent and child. 1960 (f) The parent or parents engaged in egregious conduct or 1961 had the opportunity and capability to prevent and knowingly 1962 failed to prevent egregious conduct that threatens the life, 1963 safety, or physical, mental, or emotional health of the child or 1964 the child’s sibling. Proof of a nexus between egregious conduct 1965 to a child and the potential harm to the child’s sibling is not 1966 required. 1967 1. As used in this subsection, the term “sibling” means 1968 another child who resides with or is cared for by the parent or 1969 parents regardless of whether the child is related legally or by 1970 consanguinity. 1971 2. As used in this subsection, the term “egregious conduct” 1972 means abuse, abandonment, neglect, or any other conduct that is 1973 deplorable, flagrant, or outrageous by a normal standard of 1974 conduct. Egregious conduct may include an act or omission that 1975 occurred only once but was of such intensity, magnitude, or 1976 severity as to endanger the life of the child. 1977 (h) The parent or parents have committed the murder, 1978 manslaughter, aiding or abetting the murder, or conspiracy or 1979 solicitation to murder the other parent or another child, or a 1980 felony battery that resulted in serious bodily injury to the 1981 child or to another child. Proof of a nexus between the murder, 1982 manslaughter, aiding or abetting the murder, or conspiracy or 1983 solicitation to murder the other parent or another child, or a 1984 felony battery to a child and the potential harm to a child or 1985 another child is not required. 1986 (n) The parent is convicted of an offense that requires the 1987 parent to register as a sexual predator under s. 775.21. 1988 Section 20. Paragraph (g) of subsection (1) and subsection 1989 (8) of section 63.212, Florida Statutes, are amended to read: 1990 63.212 Prohibited acts; penalties for violation.— 1991 (1) It is unlawful for any person: 1992 (g) Except an adoption entity, to place an advertisement 1993advertiseor offer to the public, in any way, by any medium 1994 whatever that a minor is available for adoption or that a minor 1995 is sought for adoption; and, further, it is unlawful for any 1996 person purchasing advertising space or purchasing broadcast time 1997 to advertise adoption services to fail to include in any 1998 publicationpublishor fail to include in the broadcast forany1999 such advertisement theor assist an unlicensed person or entity2000in publishing or broadcasting any such advertisement without2001including aFlorida license number of the adoption entityagency2002 or the Florida Bar number of the attorney placing the 2003 advertisement. 2004 1. Only a person who is an attorney licensed to practice 2005 law in this state or an adoption entity licensed under the laws 2006 of this state may place a paid advertisement or paid listing of 2007 the person’s telephone number, on the person’s own behalf, in a 2008 telephone directory that: 2009 a. A child is offered or wanted for adoption; or 2010 b. The person is able to place, locate, or receive a child 2011 for adoption. 2012 2. A person who publishes a telephone directory that is 2013 distributed in this state:2014a.shall include, at the beginning of any classified 2015 heading for adoption and adoption services, a statement that 2016 informs directory users that only attorneys licensed to practice 2017 law in this state and licensed adoption entities may legally 2018 provide adoption services under state law. 2019 3.b.A person who placesmay publishan advertisement 2020 described in subparagraph 1. in athetelephone directory must 2021 includeonly if the advertisement containsthe following 2022 information: 2023 a.(I)For an attorney licensed to practice law in this 2024 state, the person’s Florida Bar number. 2025 b.(II)For a child-placingchild placingagency licensed 2026 under the laws of this state, the number on the person’s 2027 adoption entity license. 2028 (8) Unless otherwise indicated, a person who willfully and 2029 with criminal intent violates any provision of this section, 2030 excluding paragraph (1)(g), commits a felony of the third 2031 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2032 775.084. A person who willfully and with criminal intent 2033 violates paragraph (1)(g) commits a misdemeanor of the second 2034 degree, punishable as provided in s. 775.083; and each day of 2035 continuing violation shall be considered a separate offense.In2036addition, any person who knowingly publishes or assists with the2037publication of any advertisement or other publication which2038violates the requirements of paragraph (1)(g) commits a2039misdemeanor of the second degree, punishable as provided in s.2040775.083, and may be required to pay a fine of up to $150 per day2041for each day of continuing violation.2042 Section 21. Subsection (1), paragraph (b) of subsection 2043 (2), and paragraphs (c) and (d) of subsection (3) of section 2044 383.402, Florida Statutes, are amended to read: 2045 383.402 Child abuse death review; State Child Abuse Death 2046 Review Committee; local child abuse death review committees.— 2047 (1) It is the intent of the Legislature to establish a 2048 statewide multidisciplinary, multiagency child abuse death 2049 assessment and prevention system that consists of state and 2050 local review committees. The state and local review committees 2051 shall review the facts and circumstances of all deaths of 2052 children from birth through age 18 which occur in this state and 2053 are reported to the central abuse hotline of the Department of 2054 Children and Familiesas the result of verified child abuse or2055neglect. The purpose of the review shall be to: 2056 (a) Achieve a greater understanding of the causes and 2057 contributing factors of deaths resulting from child abuse. 2058 (b) Whenever possible, develop a communitywide approach to 2059 address such cases and contributing factors. 2060 (c) Identify any gaps, deficiencies, or problems in the 2061 delivery of services to children and their families by public 2062 and private agencies which may be related to deaths that are the 2063 result of child abuse. 2064 (d) Make and implement recommendations for changes in law, 2065 rules, and policies, as well as develop practice standards that 2066 support the safe and healthy development of children and reduce 2067 preventable child abuse deaths. 2068 (2) 2069 (b) In addition, the State Surgeon General shall appoint 2070 the following members to the state committee, based on 2071 recommendations from the Department of Health and the agencies 2072 listed in paragraph (a), and ensuring that the committee 2073 represents the regional, gender, and ethnic diversity of the 2074 state to the greatest extent possible: 2075 1. The Statewide Medical Director for Child ProtectionA2076board-certified pediatrician. 2077 2. A public health nurse. 2078 3. A mental health professional who treats children or 2079 adolescents. 2080 4. An employee of the Department of Children and Families 2081Family Serviceswho supervises family services counselors and 2082 who has at least 5 years of experience in child protective 2083 investigations. 2084 5. The medical director of a child protection team. 2085 6. A member of a child advocacy organization. 2086 7. A social worker who has experience in working with 2087 victims and perpetrators of child abuse. 2088 8. A person trained as a paraprofessional in patient 2089 resources who is employed in a child abuse prevention program. 2090 9. A law enforcement officer who has at least 5 years of 2091 experience in children’s issues. 2092 10. A representative of the Florida Coalition Against 2093 Domestic Violence. 2094 11. A representative from a private provider of programs on 2095 preventing child abuse and neglect. 2096 (3) The State Child Abuse Death Review Committee shall: 2097 (c) Prepare an annual statistical report on the incidence 2098 and causes of death resulting from reported child abuse in the 2099 state during the prior calendar year. The state committee shall 2100 submit a copy of the report by October 1December 31of each 2101 year to the Governor, the President of the Senate, and the 2102 Speaker of the House of Representatives. The report must include 2103 recommendations to the Department of Children and Families 2104 regardingfor state and local action, including specificpolicy 2105 and,procedural changes to the child protection and child 2106 welfare system and,regulatory,or statutory changes,and any 2107 other recommended preventive action. 2108 (d) Provide training toEncourage and assist in developing2109thelocal child abuse death review committee members on the 2110 dynamics and impact of domestic violence, substance abuse, or 2111 mental health disorders when there is a co-occurrence of child 2112 abusecommittees. Training shall be provided by the Florida 2113 Coalition Against Domestic Violence, the Florida Alcohol and 2114 Drug Abuse Association, and the Florida Council for Community 2115 Mental Health in each entity’s respective area of expertise. 2116 Section 22. Subsection (5) of section 402.40, Florida 2117 Statutes, is amended, and paragraph (g) is added to subsection 2118 (3) of that section, to read: 2119 402.40 Child welfare training and certification.— 2120 (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department 2121 shall approve one or more third-party credentialing entities for 2122 the purpose of developing and administering child welfare 2123 certification programs for persons who provide child welfare 2124 services. A third-party credentialing entity shall request such 2125 approval in writing from the department. In order to obtain 2126 approval, the third-party credentialing entity must: 2127 (g) Maintain an advisory committee, including 2128 representatives from each region of the department, each 2129 sheriff’s office providing child protective services, and each 2130 community-based care lead agency, who shall be appointed by the 2131 organization they represent. The third-party credentialing 2132 entity may appoint additional members to the advisory committee. 2133 (5) CORE COMPETENCIES AND SPECIALIZATIONS.— 2134 (a) The Department of Children and FamiliesFamily Services2135 shall approve the core competencies and related preservice 2136 curricula that ensures that each person delivering child welfare 2137 services obtains the knowledge, skills, and abilities to 2138 competently carry out his or her work responsibilities. 2139 (b) The identification of these core competencies and 2140 development of preservice curricula shall be a collaborative 2141 effort that includes professionals who have expertise in child 2142 welfare services, department-approved third-party credentialing 2143 entities, and providers that will be affected by the curriculum, 2144 including, but not limited to, representatives from the 2145 community-based care lead agencies, the Florida Coalition 2146 Against Domestic Violence, the Florida Alcohol and Drug Abuse 2147 Association, the Florida Council for Community Mental Health, 2148 sheriffs’ offices conducting child protection investigations, 2149 and child welfare legal services providers. 2150 (c) Community-based care agencies, sheriffs’ offices, and 2151 the department may contract for the delivery of preservice and 2152 any additional training for persons delivering child welfare 2153 services if the curriculum satisfies the department-approved 2154 core competencies. 2155 (d) The department may also approve certifications 2156 involving specializations in serving specific populations or in 2157 skills relevant to child protection to be awarded to persons 2158 delivering child welfare services by a third-party credentialing 2159 entity approved pursuant to subsection (3). 2160 (e)(d)Department-approved credentialing entities shall, 2161 for a period of at least 12 months after implementation of the 2162 third-party child welfare certification programs, grant 2163 reciprocity and award a child welfare certification to 2164 individuals who hold current department-issued child welfare 2165 certification in good standing, at no cost to the department or 2166 the certificateholder. 2167 Section 23. Section 402.402, Florida Statutes, is created 2168 to read: 2169 402.402 Child protection and child welfare personnel; 2170 attorneys employed by the department.— 2171 (1) DEFINITIONS.—As used in this section, the term: 2172 (a) “Child protection and child welfare personnel” includes 2173 child protective investigators and child protective 2174 investigation supervisors employed by the department and case 2175 managers and case manager supervisors employed by a community 2176 based care lead agency or a subcontractor of a community-based 2177 care lead agency. 2178 (b) “Human services-related field” means psychology, 2179 sociology, counseling, special education, human development, 2180 child development, family development, marriage and family 2181 therapy, and nursing. 2182 (2) CHILD PROTECTIVE INVESTIGATION PROFESSIONAL STAFF 2183 REQUIREMENTS.—The department is responsible for recruitment of 2184 qualified professional staff to serve as child protective 2185 investigators and child protective investigation supervisors. 2186 The department shall make every effort to recruit and hire 2187 persons qualified by their education and experience to perform 2188 social work functions. The department’s efforts shall be guided 2189 by the goal that by July 1, 2019, at least half of all child 2190 protective investigators and supervisors will have a bachelor’s 2191 degree or a master’s degree in social work from a college or 2192 university social work program accredited by the Council on 2193 Social Work Education. The department, in collaboration with the 2194 lead agencies, subcontracted provider organizations, the Florida 2195 Institute for Child Welfare created pursuant to s. 1004.615, and 2196 other partners in the child welfare system, shall develop a 2197 protocol for screening candidates for child protective positions 2198 which reflects the preferences specified in paragraphs (a)-(f). 2199 The following persons shall be given preference in the 2200 recruitment of qualified professional staff, but the preferences 2201 serve only as guidance and do not limit the department’s 2202 discretion to select the best available candidates: 2203 (a) Child protective investigators with bachelor’s degrees 2204 in social work and child protective investigation supervisors 2205 with master’s degrees in social work from a college or 2206 university social work program accredited by the Council on 2207 Social Work Education. 2208 (b) Child protective investigators and supervisors with 2209 baccalaureate or master’s degrees in a human service-related 2210 field such as counseling, sociology, special education, human 2211 development, child development, family development, marriage and 2212 family therapy, and nursing. 2213 (c) Child protective investigators and supervisors with 2214 work experience demonstrating critical thinking skills, formal 2215 assessment processes, communication skills, problem solving, and 2216 empathy. 2217 (d) Child protective investigators and supervisors with a 2218 combination of work and volunteer experience in public service 2219 fields, especially those related to children’s services. 2220 (e) Child protective investigators and supervisors with a 2221 commitment to helping children and families, a capacity to work 2222 as part of a team, and an interest in continuous development of 2223 skills and knowledge. 2224 (f) Child protective investigators and supervisors with 2225 personal strength and resilience to manage competing demands and 2226 handle workplace stresses. 2227 (3) REPORT.—By each October 1, the department shall submit 2228 a report on the educational qualifications, turnover, and 2229 working conditions of the child protective investigators and 2230 supervisors to the Governor, the President of the Senate, and 2231 the Speaker of the House of Representatives. 2232 (4) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD 2233 WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose 2234 primary responsibility is representing the department in child 2235 welfare cases shall, within the first 6 months of employment, 2236 receive training in: 2237 (a) The dependency court process, including the attorney’s 2238 role in preparing and reviewing documents prepared for 2239 dependency court for accuracy and completeness; 2240 (b) Preparing and presenting child welfare cases, including 2241 at least 1 week shadowing an experienced children’s legal 2242 services attorney preparing and presenting cases; 2243 (c) Safety assessment, safety decisionmaking tools, and 2244 safety plans; 2245 (d) Developing information presented by investigators and 2246 case managers to support decisionmaking in the best interest of 2247 children; and 2248 (e) The experiences and techniques of case managers and 2249 investigators, including shadowing an experienced child 2250 protective investigator and an experienced case manager for at 2251 least 8 hours. 2252 Section 24. Section 402.403, Florida Statutes, is created 2253 to read: 2254 402.403 Child Protection and Child Welfare Personnel 2255 Tuition Exemption Program.— 2256 (1) There is established within the department the Child 2257 Protection and Child Welfare Personnel Tuition Exemption Program 2258 for the purpose of recruiting and retaining high-performing 2259 individuals who are employed as child protection and child 2260 welfare personnel as defined in s. 402.402 and who do not 2261 possess a master’s degree in social work or a certificate in an 2262 area related to child welfare. 2263 (2) Child protection and child welfare personnel who meet 2264 the requirements specified in subsection (3) are exempt from the 2265 payment of tuition and fees at a state university. 2266 (3) The department may approve child protection and child 2267 welfare personnel for the tuition and fee exemption if such 2268 personnel: 2269 (a) Are employed as child protection and child welfare 2270 personnel and are determined by their employers to perform at a 2271 high level as established by their personnel evaluations; and 2272 (b) Are accepted in a graduate-level social work program or 2273 a certificate program related to child welfare which is 2274 accredited by the Council on Social Work Education. 2275 (4) Child protection and child welfare personnel who meet 2276 the requirements specified in subsection (3) may enroll for up 2277 to 6 credit hours of courses per term. 2278 (5) Child protection and child welfare personnel who are 2279 accepted into a graduate-level social work program or a 2280 certificate program related to child welfare which is accredited 2281 by the Council on Social Work Education shall take courses 2282 associated with the degree or certificate program online if such 2283 courses are offered online. 2284 (6) All child protection and child welfare personnel who 2285 participate in the tuition exemption program established under 2286 this section must remain employed by the department, a state 2287 agency, or a contracted provider for 5 years after completion of 2288 a graduate level social work program. If employment ends before 2289 the 5-year period, the benefit shall be repaid according to a 2290 pro rata calculation based on the number of years of service. 2291 Section 25. Section 402.404, Florida Statutes, is created 2292 to read: 2293 402.404 Child Protection and Child Welfare Personnel 2294 Student Loan Forgiveness Program.— 2295 (1) There is established within the department the Child 2296 Protection and Child Welfare Personnel Student Loan Forgiveness 2297 Program. The purpose of the program is to increase employment 2298 and retention of high-performing individuals who have either a 2299 bachelor’s degree or a master’s degree in social work and work 2300 in child protection or child welfare for the department, a 2301 community-based care lead agency, or a community-based care 2302 subcontractor by making payments toward loans received by 2303 students from federal or state programs or commercial lending 2304 institutions for the support of prior postsecondary study in 2305 accredited social work programs. 2306 (2) To be eligible for the program, a candidate must: 2307 (a) Be employed by the department as a child protective 2308 investigator or a child protective investigation supervisor or 2309 be employed by a community-based care lead agency or 2310 subcontractor as a case manager or case manager supervisor; 2311 (b) Be determined by the department or his or her employer 2312 to have a high level of performance based on his or her personal 2313 evaluation; and 2314 (c) Have graduated from an accredited social work program 2315 with either a bachelor’s degree or a master’s degree in social 2316 work. 2317 (3) Only loans to pay the costs of tuition, books, fees, 2318 and living expenses shall be covered. 2319 (4) The department or lead agency may make loan payments of 2320 up to $3,000 each year for up to 4 years on behalf of selected 2321 graduates of an accredited social work program from the funds 2322 appropriated for this purpose. All payments are contingent upon 2323 continued proof of employment and shall be made directly to the 2324 holder of the loan. 2325 (5) A student who receives a tuition exemption pursuant to 2326 s. 402.403 is not eligible to participate in the Child 2327 Protection and Child Welfare Personnel Student Loan Forgiveness 2328 Program. 2329 (6) All child protection and child welfare personnel who 2330 participate in the student loan forgiveness program established 2331 under this section must remain employed by the department, a 2332 state agency, or a contracted provider for 5 years after 2333 completion of a graduate level social work program. If 2334 employment ends before the 5-year period, the benefit shall be 2335 repaid according to a pro rata calculation based on the number 2336 of years of service. 2337 (7) The department shall prioritize funds appropriated for 2338 this purpose to regions with high-average caseloads and low 2339 workforce-retention rates. 2340 Section 26. Section 409.165, Florida Statutes, is amended 2341 to read: 2342 409.165 Alternate care for children.— 2343 (1) Within funds appropriated, the department shall 2344 establish and supervise a program of emergency shelters, runaway 2345 shelters, foster homes, group homes, agency-operated group 2346 treatment homes, nonpsychiatric residential group care 2347 facilities, psychiatric residential treatment facilities, and 2348 other appropriate facilities to provide shelter and care for 2349 dependent children who must be placed away from their families. 2350 The department, in accordance with outcomeestablishedgoals 2351 established in s. 409.986, shall contract for the provision of 2352 such shelter and care by counties, municipalities, nonprofit 2353 corporations, and other entities capable of providing needed 2354 services if: 2355 (a) The servicessoprovided comply with all department 2356 standards, policies, and proceduresare available; 2357 (b) The services can besoprovided at a reasonable cost 2358are more cost-effective than those provided by the department; 2359 and 2360 (c) Unless otherwise provided by law, such providers of 2361 shelter and care are licensed by the department. 2362 2363It is the legislative intent that the2364 (2) Funds appropriated for the alternate care of children 2365 as described in this section may be used to meet the needs of 2366 children in their own homes or those of relatives if the 2367 children can be safely served in such settingstheir own homes,2368or the homes of relatives,and the expenditure of funds in such 2369 manner is equal to or less than the cost of out-of-home 2370 placementcalculated by the department to be an eventual cost2371savings over placement of children. 2372 (3)(2)The department shallmaycooperate with all child 2373 service institutions or agencies within the state which meet the 2374 department’s standards in order to maintain a comprehensive, 2375 coordinated, and inclusive system for promoting and protecting 2376 the well-being of children, consistent with the goals 2377 established in s. 409.986rules for proper care and supervision2378prescribed by the department for the well-being of children. 2379 (a) The department shall work with the Department of Health 2380 in the development, use, and monitoring of medical foster homes 2381 for medically complex children. 2382 (b) The department shall collaborate with all relevant 2383 state and local agencies to provide such supports and services 2384 as may be necessary to maintain medically complex children in 2385 the least restrictive and most nurturing environment. 2386 (4)(3)With the written consent of parents, custodians, or 2387 guardians, or in accordance with those provisions in chapter 39 2388 that relate to dependent children, the department, under rules 2389 properly adopted, may place a child: 2390 (a) With a relative; 2391 (b) With an adult nonrelative approved by the court for 2392 long-term custody; 2393 (c) With a person who is considering the adoption of a 2394 child in the manner provided for by law; 2395 (d) When limited, except as provided in paragraph (b), to 2396 temporary emergency situations, with a responsible adult 2397 approved by the court; 2398 (e) With a person or family approved by the department to 2399 serve as a medical foster home; 2400 (f)(e)With a person or agency licensed by the department 2401 in accordance with s. 409.175; or 2402 (g)(f)In a subsidized independent living situation, 2403 subject to the provisions of s. 409.1451(4)(c), 2404 2405 under such conditions as are determined to be for the best 2406 interests or the welfare of the child. Any child placed in an 2407 institution or in a family home by the department or its agency 2408 may be removed by the department or its agency, and such other 2409 disposition may be made as is for the best interest of the 2410 child, including transfer of the child to another institution, 2411 another home, or the home of the child. Expenditure of funds 2412 appropriated for out-of-home care can be used to meet the needs 2413 of a child in the child’s own home or the home of a relative if 2414 the child can be safely served in the child’s own home or that 2415 of a relative if placement can be avoided by the expenditure of 2416 such funds, and if the expenditure of such funds in this manner 2417 is equal to or less than the cost of out-of-home placement 2418calculated by the department to be a potential cost savings. 2419 Section 27. Paragraph (c) of subsection (2) of section 2420 409.967, Florida Statutes, is amended to read: 2421 409.967 Managed care plan accountability.— 2422 (2) The agency shall establish such contract requirements 2423 as are necessary for the operation of the statewide managed care 2424 program. In addition to any other provisions the agency may deem 2425 necessary, the contract must require: 2426 (c) Access.— 2427 1. The agency shall establish specific standards for the 2428 number, type, and regional distribution of providers in managed 2429 care plan networks to ensure access to care for both adults and 2430 children. Each plan must maintain a regionwide network of 2431 providers in sufficient numbers to meet the access standards for 2432 specific medical services for all recipients enrolled in the 2433 plan. The exclusive use of mail-order pharmacies may not be 2434 sufficient to meet network access standards. Consistent with the 2435 standards established by the agency, provider networks may 2436 include providers located outside the region. A plan may 2437 contract with a new hospital facility before the date the 2438 hospital becomes operational if the hospital has commenced 2439 construction, will be licensed and operational by January 1, 2440 2013, and a final order has issued in any civil or 2441 administrative challenge. Each plan shall establish and maintain 2442 an accurate and complete electronic database of contracted 2443 providers, including information about licensure or 2444 registration, locations and hours of operation, specialty 2445 credentials and other certifications, specific performance 2446 indicators, and such other information as the agency deems 2447 necessary. The database must be available online to both the 2448 agency and the public and have the capability to compare the 2449 availability of providers to network adequacy standards and to 2450 accept and display feedback from each provider’s patients. Each 2451 plan shall submit quarterly reports to the agency identifying 2452 the number of enrollees assigned to each primary care provider. 2453 2. Each managed care plan must publish any prescribed drug 2454 formulary or preferred drug list on the plan’s website in a 2455 manner that is accessible to and searchable by enrollees and 2456 providers. The plan must update the list within 24 hours after 2457 making a change. Each plan must ensure that the prior 2458 authorization process for prescribed drugs is readily accessible 2459 to health care providers, including posting appropriate contact 2460 information on its website and providing timely responses to 2461 providers. For Medicaid recipients diagnosed with hemophilia who 2462 have been prescribed anti-hemophilic-factor replacement 2463 products, the agency shall provide for those products and 2464 hemophilia overlay services through the agency’s hemophilia 2465 disease management program. 2466 3. Managed care plans, and their fiscal agents or 2467 intermediaries, must accept prior authorization requests for any 2468 service electronically. 2469 4. Managed care plans serving children in the care and 2470 custody of the Department of Children and Families or serving 2471 parents of such children must maintain complete medical, dental, 2472 and behavioral health information and provide such information 2473 to the department for inclusion in the state’s child welfare 2474 data system. Using such documentation, the agency and the 2475 department shall determine the plan’s compliance with standards 2476 for access to medical, dental, and behavioral health services; 2477 the use of psychotropic medications; and followup on all 2478 medically necessary services recommended as a result of early 2479 and periodic screening, diagnosis, and treatment. 2480 Section 28. Paragraph (f) is added to subsection (2) of 2481 section 409.972, Florida Statutes, to read: 2482 409.972 Mandatory and voluntary enrollment.— 2483 (2) The following Medicaid-eligible persons are exempt from 2484 mandatory managed care enrollment required by s. 409.965, and 2485 may voluntarily choose to participate in the managed medical 2486 assistance program: 2487 (f) Medicaid recipients residing in a group home facility 2488 licensed under chapter 393. 2489 Section 29. The Division of Law Revision and Information is 2490 directed to create part V of chapter 409, Florida Statutes, 2491 consisting of ss. 409.986-409.997, to be entitled “Community 2492 based Child Welfare.” 2493 Section 30. Section 409.986, Florida Statutes, is created 2494 to read: 2495 409.986 Legislative findings and intent; child protection 2496 and child welfare outcomes; definitions.— 2497 (1) LEGISLATIVE FINDINGS AND INTENT.— 2498 (a) It is the intent of the Legislature that the Department 2499 of Children and Families provide child protection and child 2500 welfare services to children through contracting with community 2501 based care lead agencies. Counties that provide children and 2502 family services with at least 40 licensed residential group care 2503 beds by July 1, 2003, and that provide at least $2 million 2504 annually in county general revenue funds to supplement foster 2505 and family care services shall continue to contract directly 2506 with the state. It is the further intent of the Legislature that 2507 communities have responsibility for and participate in ensuring 2508 safety, permanence, and well-being for all children in the 2509 state. 2510 (b) The Legislature finds that when private entities assume 2511 responsibility for the care of children in the child protection 2512 and child welfare system, comprehensive oversight of the 2513 programmatic, administrative, and fiscal operation of those 2514 entities is essential. The Legislature further finds that the 2515 appropriate care of children is ultimately the responsibility of 2516 the state and that outsourcing such care does not relieve the 2517 state of its responsibility to ensure that appropriate care is 2518 provided. 2519 (2) CHILD PROTECTION AND CHILD WELFARE OUTCOMES.—It is the 2520 goal of the department to protect the best interest of children 2521 by achieving the following outcomes in conjunction with the 2522 community-based care lead agency, community-based 2523 subcontractors, and the community alliance: 2524 (a) Children are first and foremost protected from abuse 2525 and neglect. 2526 (b) Children are safely maintained in their homes, if 2527 possible and appropriate. 2528 (c) Services are provided to protect children and prevent 2529 their removal from their home. 2530 (d) Children have permanency and stability in their living 2531 arrangements. 2532 (e) Family relationships and connections are preserved for 2533 children. 2534 (f) Families have enhanced capacity to provide for their 2535 children’s needs. 2536 (g) Children receive appropriate services to meet their 2537 educational needs. 2538 (h) Children receive services to meet their physical and 2539 mental health needs. 2540 (i) Children develop the capacity for independent living 2541 and competence as an adult. 2542 (3) DEFINITIONS.—As used in this part, except as otherwise 2543 provided, the term: 2544 (a) “Care” means services of any kind which are designed to 2545 facilitate a child remaining safely in his or her own home, 2546 returning safely to his or her own home if he or she is removed 2547 from the home, or obtaining an alternative permanent home if he 2548 or she cannot remain at home or be returned home. The term 2549 includes, but is not be limited to, prevention, diversion, and 2550 related services. 2551 (b) “Child” or “children” has the same meaning as provided 2552 in s. 39.01. 2553 (c) “Community alliance” or “alliance” means the group of 2554 stakeholders, community leaders, client representatives, and 2555 funders of human services established pursuant to s. 20.19(5) to 2556 provide a focal point for community participation and oversight 2557 of community-based services. 2558 (d) “Community-based care lead agency” or “lead agency” 2559 means a single entity with which the department has a contract 2560 for the provision of care for children in the child protection 2561 and child welfare system in a community that is no smaller than 2562 a county and no larger than two contiguous judicial circuits. 2563 The secretary of the department may authorize more than one 2564 eligible lead agency within a single county if doing so will 2565 result in more effective delivery of services to children. 2566 (e) “Related services” includes, but is not limited to, 2567 family preservation, independent living, emergency shelter, 2568 residential group care, foster care, therapeutic foster care, 2569 intensive residential treatment, foster care supervision, case 2570 management, coordination of mental health services, 2571 postplacement supervision, permanent foster care, and family 2572 reunification. 2573 Section 31. Section 409.987, Florida Statutes, is created 2574 to read: 2575 409.987 Lead agency procurement.— 2576 (1) Community-based care lead agencies shall be procured by 2577 the department through a competitive process as required under 2578 chapter 287. 2579 (2) The department shall produce a schedule for the 2580 procurement of community-based care lead agencies and provide 2581 the schedule to the community alliances established pursuant to 2582 s. 20.19(5) and post the schedule on the department’s website. 2583 (3) Notwithstanding s. 287.057, the department shall use 5 2584 year contracts with lead agencies. 2585 (4) In order to serve as a lead agency, an entity must: 2586 (a) Be organized as a Florida corporation or a governmental 2587 entity. 2588 (b) Be governed by a board of directors or a board 2589 committee composed of board members. The membership of the board 2590 of directors or board committee must be described in the bylaws 2591 or articles of incorporation of each lead agency, which must 2592 provide that at least 75 percent of the membership of the board 2593 of directors or board committee must consist of persons residing 2594 in this state, and at least 51 percent of the state residents on 2595 the board of directors must reside within the service area of 2596 the lead agency. However, for procurements of lead agency 2597 contracts initiated on or after July 1, 2014: 2598 1. At least 75 percent of the membership of the board of 2599 directors must consist of persons residing in this state, and at 2600 least 51 percent of the membership of the board of directors 2601 must consist of persons residing within the service area of the 2602 lead agency. If a board committee governs the lead agency, 100 2603 percent of its membership must consist of persons residing 2604 within the service area of the lead agency. 2605 2. The powers of the board of directors or board committee 2606 include, are not limited to, approving the lead agency’s budget 2607 and setting the lead agency’s operational policy and procedures. 2608 A board of directors must additionally have the power to hire 2609 the lead agency’s executive director, unless a board committee 2610 governs the lead agency, in which case the board committee must 2611 have the power to confirm the selection of the lead agency’s 2612 executive director. 2613 (c) Demonstrate financial responsibility through an 2614 organized plan for regular fiscal audits and the posting of a 2615 performance bond. 2616 (5) The department’s procurement team procuring any lead 2617 agencies’ contracts must include individuals from the community 2618 alliance in the area to be served under the contract. All 2619 meetings at which vendors make presentations to or negotiate 2620 with the procurement team shall be held in the area to be served 2621 by the contract. 2622 Section 32. Section 409.988, Florida Statutes, is created 2623 to read: 2624 409.988 Lead agency duties; general provisions.— 2625 (1) DUTIES.—A lead agency: 2626 (a) Shall serve all children referred as a result of a 2627 report of abuse, neglect, or abandonment to the department’s 2628 central abuse hotline, including, but not limited to, children 2629 who are the subject of verified reports and children who are not 2630 the subject of verified reports but who are at moderate to 2631 extremely high risk of abuse, neglect, or abandonment, as 2632 determined using the department’s risk assessment instrument, 2633 regardless of the level of funding allocated to the lead agency 2634 by the state if all related funding is transferred. The lead 2635 agency may also serve children who have not been the subject of 2636 reports of abuse, neglect, or abandonment, but who are at risk 2637 of abuse, neglect, or abandonment, to prevent their entry into 2638 the child protection and child welfare system. 2639 (b) Shall provide accurate and timely information necessary 2640 for oversight by the department pursuant to the child welfare 2641 results-oriented accountability system required by s. 409.997. 2642 (c) Shall follow the financial guidelines developed by the 2643 department and provide for a regular independent auditing of its 2644 financial activities. Such financial information shall be 2645 provided to the community alliance established under s. 2646 20.19(5). 2647 (d) Shall post on its website the current budget for the 2648 lead agency, including the Internal Revenue Service Form 990 for 2649 the agency’s chief executive officer, chief financial officer, 2650 and chief operating officer, or their equivalents. 2651 (e) Shall prepare all judicial reviews, case plans, and 2652 other reports necessary for court hearings for dependent 2653 children, except those related to the investigation of a 2654 referral from the department’s child abuse hotline, and shall 2655 submit these documents timely to the department’s attorneys for 2656 review, any necessary revision, and filing with the court. The 2657 lead agency shall make the necessary staff available to 2658 department attorneys for preparation for dependency proceedings, 2659 and shall provide testimony and other evidence required for 2660 dependency court proceedings in coordination with the 2661 department’s attorneys. This duty does not include the 2662 preparation of legal pleadings or other legal documents, which 2663 remain the responsibility of the department. 2664 (f) Shall ensure that all individuals providing care for 2665 dependent children receive appropriate training and meet the 2666 minimum employment standards established by the department. 2667 (g) Shall maintain eligibility to receive all available 2668 federal child welfare funds. 2669 (h) Shall maintain written agreements with Healthy Families 2670 Florida lead entities in its service area pursuant to s. 409.153 2671 to promote cooperative planning for the provision of prevention 2672 and intervention services. 2673 (i) Shall comply with federal and state statutory 2674 requirements and agency rules in the provision of contractual 2675 services. 2676 (j) May subcontract for the provision of services required 2677 by the contract with the lead agency and the department; 2678 however, the subcontracts must specify how the provider will 2679 contribute to the lead agency meeting the performance standards 2680 established pursuant to the child welfare results-oriented 2681 accountability system required by s. 409.997. The lead agency 2682 shall directly provide no more than 35 percent of all child 2683 welfare services provided. 2684 (k) Shall post on its website by the 15th day of each month 2685 at a minimum the information contained in subparagraphs 1.-4. 2686 for the preceding calendar month regarding its case management 2687 services. The following information shall be reported by each 2688 individual subcontracted case management provider, by the lead 2689 agency, if the lead agency provides case management services, 2690 and in total for all case management services subcontracted or 2691 directly provided by the lead agency: 2692 1. The average caseload of case managers, including only 2693 filled positions; 2694 2. The turnover rate for case managers and case management 2695 supervisors for the previous 12 months; 2696 3. The percentage of required home visits completed; and 2697 4. Performance on outcome measures required pursuant to s. 2698 409.997 for the previous 12 months. 2699 (2) LICENSURE.— 2700 (a) A lead agency must be licensed as a child-caring or 2701 child-placing agency by the department under this chapter. 2702 (b) Each foster home, therapeutic foster home, emergency 2703 shelter, or other placement facility operated by the lead agency 2704 must be licensed by the department under chapter 402 or this 2705 chapter. 2706 (c) Substitute care providers who are licensed under s. 2707 409.175 and who have contracted with a lead agency are also 2708 authorized to provide registered or licensed family day care 2709 under s. 402.313 if such care is consistent with federal law and 2710 if the home has met the requirements of s. 402.313. 2711 (d) In order to eliminate or reduce the number of duplicate 2712 inspections by various program offices, the department shall 2713 coordinate inspections required for licensure of agencies under 2714 this subsection. 2715 (e) The department may adopt rules to administer this 2716 subsection. 2717 (3) SERVICES.—A lead agency must serve dependent children 2718 through services that are supported by research or are best 2719 child welfare practices. The agency may also provide innovative 2720 services, including, but not limited to, family-centered, 2721 cognitive-behavioral, trauma-informed interventions designed to 2722 mitigate out-of-home placements. 2723 (4) LEAD AGENCY ACTING AS GUARDIAN.— 2724 (a) If a lead agency or other provider has accepted case 2725 management responsibilities for a child who is sheltered or 2726 found to be dependent and who is assigned to the care of the 2727 lead agency or other provider, the agency or provider may act as 2728 the child’s guardian for the purpose of registering the child in 2729 school if a parent or guardian of the child is unavailable and 2730 his or her whereabouts cannot reasonably be ascertained. 2731 (b) The lead agency or other provider may also seek 2732 emergency medical attention for the child, but only if a parent 2733 or guardian of the child is unavailable, the parent or 2734 guardian’s whereabouts cannot reasonably be ascertained, and a 2735 court order for such emergency medical services cannot be 2736 obtained because of the severity of the emergency or because it 2737 is after normal working hours. 2738 (c) A lead agency or other provider may not consent to 2739 sterilization, abortion, or termination of life support. 2740 (d) If a child’s parents’ rights have been terminated, the 2741 lead agency shall act as guardian of the child in all 2742 circumstances. 2743 Section 33. Section 409.990, Florida Statutes, is created 2744 to read: 2745 409.990 Funding for lead agencies.—A contract established 2746 between the department and a lead agency must be funded by a 2747 grant of general revenue, other applicable state funds, or 2748 applicable federal funding sources. 2749 (1) The method of payment for a fixed-price contract with a 2750 lead agency must provide for a 2-month advance payment at the 2751 beginning of each fiscal year and equal monthly payments 2752 thereafter. 2753 (2) Notwithstanding s. 215.425, all documented federal 2754 funds earned for the current fiscal year by the department and 2755 lead agencies which exceed the amount appropriated by the 2756 Legislature shall be distributed to all entities that 2757 contributed to the excess earnings based on a schedule and 2758 methodology developed by the department and approved by the 2759 Executive Office of the Governor. 2760 (a) Distribution shall be pro rata, based on total 2761 earnings, and shall be made only to those entities that 2762 contributed to excess earnings. 2763 (b) Excess earnings of lead agencies shall be used only in 2764 the service district in which they were earned. 2765 (c) Additional state funds appropriated by the Legislature 2766 for lead agencies or made available pursuant to the budgetary 2767 amendment process described in s. 216.177 shall be transferred 2768 to the lead agencies. 2769 (d) The department shall amend a lead agency’s contract to 2770 permit expenditure of the funds. 2771 (3) Notwithstanding any other provision of this section, 2772 the amount of the annual contract for a lead agency may be 2773 increased by excess federal funds earned in accordance with s. 2774 216.181(11). 2775 (4) Each contract with a lead agency shall provide for the 2776 payment by the department to the lead agency of a reasonable 2777 administrative cost in addition to funding for the provision of 2778 services. 2779 (5) A lead agency may carry forward documented unexpended 2780 state funds from one fiscal year to the next; however, the 2781 cumulative amount carried forward may not exceed 8 percent of 2782 the total contract. Any unexpended state funds in excess of that 2783 percentage must be returned to the department. 2784 (a) The funds carried forward may not be used in any way 2785 that would create increased recurring future obligations, and 2786 such funds may not be used for any type of program or service 2787 that is not currently authorized by the existing contract with 2788 the department. 2789 (b) Expenditures of funds carried forward must be 2790 separately reported to the department. 2791 (c) Any unexpended funds that remain at the end of the 2792 contract period shall be returned to the department. 2793 (d) Funds carried forward may be retained through any 2794 contract renewals and any new procurements as long as the same 2795 lead agency is retained by the department. 2796 (6) It is the intent of the Legislature to improve services 2797 and local participation in community-based care initiatives by 2798 fostering community support and providing enhanced prevention 2799 and in-home services, thereby reducing the risk otherwise faced 2800 by lead agencies. A community partnership matching grant program 2801 is established and shall be operated by the department to 2802 encourage local participation in community-based care for 2803 children in the child welfare system. A children’s services 2804 council or another local entity that makes a financial 2805 commitment to a community-based care lead agency may be eligible 2806 for a matching grant. The total amount of the local contribution 2807 may be matched on a one-to-one basis up to a maximum annual 2808 amount of $500,000 per lead agency. Awarded matching grant funds 2809 may be used for any prevention or in-home services that can be 2810 reasonably expected to reduce the number of children entering 2811 the child welfare system. Funding available for the matching 2812 grant program is subject to legislative appropriation of 2813 nonrecurring funds provided for this purpose. 2814 (7)(a) The department, in consultation with the Florida 2815 Coalition for Children, Inc., shall develop and implement a 2816 community-based care risk pool initiative to mitigate the 2817 financial risk to eligible lead agencies. This initiative must 2818 include: 2819 1. A risk pool application and protocol developed by the 2820 department which outlines submission criteria, including, but 2821 not limited to, financial and program management, descriptive 2822 data requirements, and timeframes for submission of 2823 applications. Requests for funding from risk pool applicants 2824 must be based on relevant and verifiable service trends and 2825 changes that have occurred during the current fiscal year. The 2826 application must confirm that expenditure of approved risk pool 2827 funds by the lead agency will be completed within the current 2828 fiscal year. 2829 2. A risk pool peer review committee, appointed by the 2830 secretary and consisting of department staff and representatives 2831 from at least three nonapplicant lead agencies, which reviews 2832 and assesses all risk pool applications. Upon completion of each 2833 application review, the peer review committee shall report its 2834 findings and recommendations to the secretary, providing, at a 2835 minimum, the following information: 2836 a. Justification for the specific funding amount required 2837 by the risk pool applicant based on the current year’s service 2838 trend data, including validation that the applicant’s financial 2839 need was caused by circumstances beyond the control of the lead 2840 agency management; 2841 b. Verification that the proposed use of risk pool funds 2842 meets at least one of the purposes specified in paragraph (c); 2843 and 2844 c. Evidence of technical assistance provided in an effort 2845 to avoid the need to access the risk pool and recommendations 2846 for technical assistance to the lead agency to ensure that risk 2847 pool funds are expended effectively and that the agency’s need 2848 for future risk pool funding is diminished. 2849 (b) Upon approval by the secretary of a risk pool 2850 application, the department may request funds from the risk pool 2851 in accordance with s. 216.181(6)(a). 2852 (c) The purposes for which the community-based care risk 2853 pool shall be used include: 2854 1. Significant changes in the number or composition of 2855 clients eligible to receive services. 2856 2. Significant changes in the services that are eligible 2857 for reimbursement. 2858 3. Continuity of care in the event of failure, 2859 discontinuance of service, or financial misconduct by a lead 2860 agency. 2861 4. Significant changes in the mix of available funds. 2862 (d) The department may also request in its annual 2863 legislative budget request, and the Governor may recommend, that 2864 the funding necessary to effect paragraph (c) be appropriated to 2865 the department. In addition, the department may request the 2866 allocation of funds from the community-based care risk pool in 2867 accordance with s. 216.181(6)(a). Funds from the pool may be 2868 used to match available federal dollars. 2869 1. Such funds shall constitute partial security for 2870 contract performance by lead agencies and shall be used to 2871 offset the need for a performance bond. 2872 2. The department may separately require a bond to mitigate 2873 the financial consequences of potential acts of malfeasance or 2874 misfeasance or criminal violations by the service provider. 2875 Section 34. Section 409.16713, Florida Statutes, is 2876 transferred and renumbered as section 409.991, Florida Statutes, 2877 and paragraph (a) of subsection (1) of that section is amended, 2878 to read: 2879 409.991409.16713Allocation of funds for community-based 2880 care lead agencies.— 2881 (1) As used in this section, the term: 2882 (a) “Core services funding” means all funds allocated to 2883 community-based care lead agencies operating under contract with 2884 the department pursuant to s. 409.987s. 409.1671, with the 2885 following exceptions: 2886 1. Funds appropriated for independent living; 2887 2. Funds appropriated for maintenance adoption subsidies; 2888 3. Funds allocated by the department for protective 2889 investigations training; 2890 4. Nonrecurring funds; 2891 5. Designated mental health wrap-around services funds; and 2892 6. Funds for special projects for a designated community 2893 based care lead agency. 2894 Section 35. Section 409.992, Florida Statutes, is created 2895 to read: 2896 409.992 Lead agency expenditures.— 2897 (1) The procurement of commodities or contractual services 2898 by lead agencies shall be governed by the financial guidelines 2899 developed by the department and must comply with applicable 2900 state and federal law and follow good business practices. 2901 Pursuant to s. 11.45, the Auditor General may provide technical 2902 advice in the development of the financial guidelines. 2903 (2) Notwithstanding any other provision of law, a 2904 community-based care lead agency may make expenditures for staff 2905 cellular telephone allowances, contracts requiring deferred 2906 payments and maintenance agreements, security deposits for 2907 office leases, related agency professional membership dues other 2908 than personal professional membership dues, promotional 2909 materials, and grant writing services. Expenditures for food and 2910 refreshments, other than those provided to clients in the care 2911 of the agency or to foster parents, adoptive parents, and 2912 caseworkers during training sessions, are not allowable. 2913 (3) A lead community-based care agency and its 2914 subcontractors are exempt from state travel policies as provided 2915 in s. 112.061(3)(a) for their travel expenses incurred in order 2916 to comply with the requirements of this section. 2917 Section 36. Section 409.993, Florida Statutes, is created 2918 to read: 2919 409.993 Lead agencies and subcontractor liability.— 2920 (1) FINDINGS.— 2921 (a) The Legislature finds that the state has traditionally 2922 provided foster care services to children who are the 2923 responsibility of the state. As such, foster children have not 2924 had the right to recover for injuries beyond the limitations 2925 specified in s. 768.28. The Legislature has determined that 2926 foster care and related services should be outsourced pursuant 2927 to this section and that the provision of such services is of 2928 paramount importance to the state. The purpose of such 2929 outsourcing is to increase the level of safety, security, and 2930 stability of children who are or become the responsibility of 2931 the state. One of the components necessary to secure a safe and 2932 stable environment for such children is the requirement that 2933 private providers maintain liability insurance. As such, 2934 insurance needs to be available and remain available to 2935 nongovernmental foster care and related services providers 2936 without the resources of such providers being significantly 2937 reduced by the cost of maintaining such insurance. 2938 (b) The Legislature further finds that, by requiring the 2939 following minimum levels of insurance, children in outsourced 2940 foster care and related services will gain increased protection 2941 and rights of recovery in the event of injury than currently 2942 provided in s. 768.28. 2943 (2) LEAD AGENCY LIABILITY.— 2944 (a) Other than an entity to which s. 768.28 applies, an 2945 eligible community-based care lead agency, or its employees or 2946 officers, except as otherwise provided in paragraph (b), shall, 2947 as a part of its contract, obtain a minimum of $1 million per 2948 occurrence with a policy period aggregate limit of $3 million in 2949 general liability insurance coverage. The lead agency must also 2950 require that staff who transport client children and families in 2951 their personal automobiles in order to carry out their job 2952 responsibilities obtain minimum bodily injury liability 2953 insurance in the amount of $100,000 per person per any one 2954 automobile accident, and subject to such limits for each person, 2955 $300,000 for all damages resulting from any one automobile 2956 accident, on their personal automobiles. In lieu of personal 2957 motor vehicle insurance, the lead agency’s casualty, liability, 2958 or motor vehicle insurance carrier may provide nonowned 2959 automobile liability coverage. This insurance provides liability 2960 insurance for an automobile that the lead agency uses in 2961 connection with the lead agency’s business but does not own, 2962 lease, rent, or borrow. This coverage includes an automobile 2963 owned by an employee of the lead agency or a member of the 2964 employee’s household but only while the automobile is used in 2965 connection with the lead agency’s business. The nonowned 2966 automobile coverage for the lead agency applies as excess 2967 coverage over any other collectible insurance. The personal 2968 automobile policy for the employee of the lead agency shall be 2969 primary insurance, and the nonowned automobile coverage of the 2970 lead agency acts as excess insurance to the primary insurance. 2971 The lead agency shall provide a minimum limit of $1 million in 2972 nonowned automobile coverage. In a tort action brought against 2973 such a lead agency or employee, net economic damages shall be 2974 limited to $2 million per liability claim and $200,000 per 2975 automobile claim, including, but not limited to, past and future 2976 medical expenses, wage loss, and loss of earning capacity, 2977 offset by any collateral source payment paid or payable. In any 2978 tort action brought against a lead agency, noneconomic damages 2979 shall be limited to $400,000 per claim. A claims bill may be 2980 brought on behalf of a claimant pursuant to s. 768.28 for any 2981 amount exceeding the limits specified in this paragraph. Any 2982 offset of collateral source payments made as of the date of the 2983 settlement or judgment shall be in accordance with s. 768.76. 2984 The lead agency is not liable in tort for the acts or omissions 2985 of its subcontractors or the officers, agents, or employees of 2986 its subcontractors. 2987 (b) The liability of a lead agency described in this 2988 section shall be exclusive and in place of all other liability 2989 of such lead agency. The same immunities from liability enjoyed 2990 by such lead agencies shall extend to each employee of the lead 2991 agency if he or she is acting in furtherance of the lead 2992 agency’s business, including the transportation of clients 2993 served, as described in this subsection, in privately owned 2994 vehicles. Such immunities are not applicable to a lead agency or 2995 an employee who acts in a culpably negligent manner or with 2996 willful and wanton disregard or unprovoked physical aggression 2997 if such acts result in injury or death or such acts proximately 2998 cause such injury or death. Such immunities are not applicable 2999 to employees of the same lead agency when each is operating in 3000 the furtherance of the agency’s business, but they are assigned 3001 primarily to unrelated work within private or public employment. 3002 The same immunity provisions enjoyed by a lead agency also apply 3003 to any sole proprietor, partner, corporate officer or director, 3004 supervisor, or other person who, in the course and scope of his 3005 or her duties, acts in a managerial or policymaking capacity and 3006 the conduct that caused the alleged injury arose within the 3007 course and scope of those managerial or policymaking duties. As 3008 used in this subsection and subsection (3), the term “culpably 3009 negligent manner” means reckless indifference or grossly 3010 careless disregard of human life. 3011 (3) SUBCONTRACTOR LIABILITY.— 3012 (a) A subcontractor of an eligible community-based care 3013 lead agency that is a direct provider of foster care and related 3014 services to children and families, and its employees or 3015 officers, except as otherwise provided in paragraph (b), must, 3016 as a part of its contract, obtain a minimum of $1 million per 3017 occurrence with a policy period aggregate limit of $3 million in 3018 general liability insurance coverage. The subcontractor of a 3019 lead agency must also require that staff who transport client 3020 children and families in their personal automobiles in order to 3021 carry out their job responsibilities obtain minimum bodily 3022 injury liability insurance in the amount of $100,000 per person 3023 in any one automobile accident, and subject to such limits for 3024 each person, $300,000 for all damages resulting from any one 3025 automobile accident, on their personal automobiles. In lieu of 3026 personal motor vehicle insurance, the subcontractor’s casualty, 3027 liability, or motor vehicle insurance carrier may provide 3028 nonowned automobile liability coverage. This insurance provides 3029 liability insurance for automobiles that the subcontractor uses 3030 in connection with the subcontractor’s business but does not 3031 own, lease, rent, or borrow. This coverage includes automobiles 3032 owned by the employees of the subcontractor or a member of the 3033 employee’s household but only while the automobiles are used in 3034 connection with the subcontractor’s business. The nonowned 3035 automobile coverage for the subcontractor applies as excess 3036 coverage over any other collectible insurance. The personal 3037 automobile policy for the employee of the subcontractor shall be 3038 primary insurance, and the nonowned automobile coverage of the 3039 subcontractor acts as excess insurance to the primary insurance. 3040 The subcontractor shall provide a minimum limit of $1 million in 3041 nonowned automobile coverage. In a tort action brought against 3042 such subcontractor or employee, net economic damages shall be 3043 limited to $2 million per liability claim and $200,000 per 3044 automobile claim, including, but not limited to, past and future 3045 medical expenses, wage loss, and loss of earning capacity, 3046 offset by any collateral source payment paid or payable. In a 3047 tort action brought against such subcontractor, noneconomic 3048 damages shall be limited to $400,000 per claim. A claims bill 3049 may be brought on behalf of a claimant pursuant to s. 768.28 for 3050 any amount exceeding the limits specified in this paragraph. Any 3051 offset of collateral source payments made as of the date of the 3052 settlement or judgment shall be in accordance with s. 768.76. 3053 (b) The liability of a subcontractor of a lead agency that 3054 is a direct provider of foster care and related services as 3055 described in this section is exclusive and in place of all other 3056 liability of such provider. The same immunities from liability 3057 enjoyed by such subcontractor provider extend to each employee 3058 of the subcontractor when such employee is acting in furtherance 3059 of the subcontractor’s business, including the transportation of 3060 clients served, as described in this subsection, in privately 3061 owned vehicles. Such immunities are not applicable to a 3062 subcontractor or an employee who acts in a culpably negligent 3063 manner or with willful and wanton disregard or unprovoked 3064 physical aggression if such acts result in injury or death or if 3065 such acts proximately cause such injury or death. Such 3066 immunities are not applicable to employees of the same 3067 subcontractor who are operating in the furtherance of the 3068 subcontractor’s business but are assigned primarily to unrelated 3069 works within private or public employment. The same immunity 3070 provisions enjoyed by a subcontractor also apply to any sole 3071 proprietor, partner, corporate officer or director, supervisor, 3072 or other person who, in the course and scope of his or her 3073 duties, acts in a managerial or policymaking capacity and the 3074 conduct that caused the alleged injury arose within the course 3075 and scope of those managerial or policymaking duties. 3076 (4) LIMITATIONS ON DAMAGES.—The Legislature is cognizant of 3077 the increasing costs of goods and services each year and 3078 recognizes that fixing a set amount of compensation has the 3079 effect of a reduction in compensation each year. Accordingly, 3080 the conditional limitations on damages in this section shall be 3081 increased at the rate of 5 percent each year, prorated from July 3082 1, 2014, to the date at which damages subject to such 3083 limitations are awarded by final judgment or settlement. 3084 Section 37. Section 409.1675, Florida Statutes, is 3085 transferred, renumbered as section 409.994, Florida Statutes, 3086 and amended to read: 3087 409.994409.1675LeadCommunity-based care lead agencies 3088providers; receivership.— 3089 (1) The Department of Children and FamiliesFamily Services3090 may petition a court of competent jurisdiction for the 3091 appointment of a receiver for aleadcommunity-based care lead 3092 agencyproviderestablished pursuant to s. 409.987 ifs.3093409.1671 whenany of the following conditions exist: 3094 (a) The lead agencycommunity-based provideris operating 3095 without a license as a child-placing agency. 3096 (b) The lead agencycommunity-based providerhas given less 3097 than 120 days’ notice of its intent to cease operations, and 3098 arrangements have not been made for another lead agency 3099community-based provideror for the department to continue the 3100 uninterrupted provision of services. 3101 (c) The department determines that conditions exist in the 3102 lead agencycommunity-based providerwhich present an imminent 3103 danger to the health, safety, or welfare of the dependent 3104 children under that agency’sprovider’scare or supervision. 3105 Whenever possible, the department shall make a reasonable effort 3106 to facilitate the continued operation of the program. 3107 (d) The lead agencycommunity-based providercannot meet 3108 its current financial obligations to its employees, contractors, 3109 or foster parents. Issuance of bad checks or the existence of 3110 delinquent obligations for payment of salaries, utilities, or 3111 invoices for essential services or commodities shall constitute 3112 prima facie evidence that the lead agencycommunity-based3113providerlacks the financial ability to meet its financial 3114 obligations. 3115 (2)(a) The petition for receivership shall take precedence 3116 over other court business unless the court determines that some 3117 other pending proceeding, having statutory precedence, has 3118 priority. 3119 (b) A hearing shall be conducted within 5 days after the 3120 filing of the petition, at which time interested parties shall 3121 have the opportunity to present evidence as to whether a 3122 receiver should be appointed. The department shall give 3123 reasonable notice of the hearing on the petition to the lead 3124 agencycommunity-based provider. 3125 (c) The court shall grant the petition upon finding that 3126 one or more of the conditions in subsection (1) exists and the 3127 continued existence of the condition or conditions jeopardizes 3128 the health, safety, or welfare of dependent children. A receiver 3129 may be appointed ex parte when the court determines that one or 3130 more of the conditions in subsection (1) exists. After such 3131 finding, the court may appoint any person, including an employee 3132 of the department who is qualified by education, training, or 3133 experience to carry out the duties of the receiver pursuant to 3134 this section, except that the court mayshallnot appoint any 3135 member of the governing board or any officer of the lead agency 3136community-based provider. The receiver may be selected from a 3137 list of persons qualified to act as receivers which is developed 3138 by the department and presented to the court with each petition 3139 of receivership. 3140 (d) A receiver may be appointed for up to 90 days, and the 3141 department may petition the court for additional 30-day 3142 extensions. Sixty days after appointment of a receiver and every 3143 30 days thereafter until the receivership is terminated, the 3144 department shall submit to the court an assessment of the lead 3145 agency’scommunity-based provider’sability to ensure the 3146 health, safety, and welfare of the dependent children under its 3147 supervision. 3148 (3) The receiver shall take such steps as are reasonably 3149 necessary to ensure the continued health, safety, and welfare of 3150 the dependent children under the supervision of the lead agency 3151community-based providerand shall exercise those powers and 3152 perform those duties set out by the court, including, but not 3153 limited to: 3154 (a) Taking such action as is reasonably necessary to 3155 protect or conserve the assets or property of the lead agency 3156community-based provider. The receiver may use the assets and 3157 property and any proceeds from any transfer thereof only in the 3158 performance of the powers and duties providedset forthin this 3159 section and by order of the court. 3160 (b) Using the assets of the lead agencycommunity-based3161providerin the provision of care and services to dependent 3162 children. 3163 (c) Entering into contracts and hiring agents and employees 3164 to carry out the powers and duties of the receiver under this 3165 section. 3166 (d) Having full power to direct, manage, hire, and 3167 discharge employees of the lead agencycommunity-based provider. 3168 The receiver shall hire and pay new employees at the rate of 3169 compensation, including benefits, approved by the court. 3170 (e) Honoring all leases, mortgages, and contractual 3171 obligations of the lead agencycommunity-based provider, but 3172 only to the extent of payments that become due during the period 3173 of the receivership. 3174 (4)(a) The receiver shall deposit funds received in a 3175 separate account and shall use this account for all 3176 disbursements. 3177 (b) A payment to the receiver of any sum owing to the lead 3178 agencycommunity-based providershall discharge any obligation 3179 to the provider to the extent of the payment. 3180 (5) A receiver may petition the court for temporary relief 3181 from obligations entered into by the lead agencycommunity-based3182providerif the rent, price, or rate of interest required to be 3183 paid under the agreement was substantially in excess of a 3184 reasonable rent, price, or rate of interest at the time the 3185 contract was entered into, or if any material provision of the 3186 agreement was unreasonable when compared to contracts negotiated 3187 under similar conditions. Any relief in this form provided by 3188 the court shall be limited to the life of the receivership, 3189 unless otherwise determined by the court. 3190 (6) The court shall set the compensation of the receiver, 3191 which shall be considered a necessary expense of a receivership 3192 and may grant to the receiver such other authority necessary to 3193 ensure the health, safety, and welfare of the children served. 3194 (7) A receiver may be held liable in a personal capacity 3195 only for the receiver’s own gross negligence, intentional acts, 3196 or breaches of fiduciary duty. This section mayshallnot be 3197 interpreted to be a waiver of sovereign immunity should the 3198 department be appointed receiver. 3199 (8) If the receiver is not the department, the court may 3200 require a receiver to post a bond to ensure the faithful 3201 performance of these duties. 3202 (9) The court may terminate a receivership when: 3203 (a) The court determines that the receivership is no longer 3204 necessary because the conditions that gave rise to the 3205 receivership no longer exist; or 3206 (b) The department has entered into a contract with a new 3207 lead agencycommunity-based providerpursuant to s. 409.987s.3208409.1671, and that contractor is ready and able to assume the 3209 duties of the previous lead agencyprovider. 3210 (10) Within 30 days after the termination, unless this time 3211 period is extended by the court, the receiver shall give the 3212 court a complete accounting of all property of which the 3213 receiver has taken possession, of all funds collected and 3214 disbursed, and of the expenses of the receivership. 3215 (11)Nothing inThis section does notshall be construed to3216 relieve any employee of the lead agencycommunity-based provider3217 placed in receivership of any civil or criminal liability 3218 incurred, or any duty imposed by law, by reason of acts or 3219 omissions of the employee beforeprior tothe appointment of a 3220 receiver, and; nor shall anything contained inthis section does 3221 notbe construed tosuspend during the receivership any 3222 obligation of the employee for payment of taxes or other 3223 operating or maintenance expenses of the lead agencycommunity3224based provideror for the payment of mortgages or liens. The 3225 lead agencycommunity-based providershall retain the right to 3226 sell or mortgage any facility under receivership, subject to the 3227 prior approval of the court that ordered the receivership. 3228 Section 38. Section 409.996, Florida Statutes, is created 3229 to read: 3230 409.996 Duties of the Department of Children and Families. 3231 The department shall contract for the delivery, administration, 3232 or management of care for children in the child protection and 3233 child welfare system. In doing so, the department retains 3234 responsibility for the quality of contracted services and 3235 programs and shall ensure that services are delivered in 3236 accordance with applicable federal and state statutes and 3237 regulations. 3238 (1) The department shall enter into contracts with lead 3239 agencies for the performance of the duties by the lead agencies 3240 pursuant to s. 409.988. At a minimum, the contracts must: 3241 (a) Provide for the services needed to accomplish the 3242 duties established in s. 409.988 and provide information to the 3243 department which is necessary to meet the requirements for a 3244 quality assurance program pursuant to subsection (18) and the 3245 child welfare results-oriented accountability system pursuant to 3246 s. 409.997. 3247 (b) Provide for graduated penalties for failure to comply 3248 with contract terms. Such penalties may include financial 3249 penalties, enhanced monitoring and reporting, corrective action 3250 plans, and early termination of contracts or other appropriate 3251 action to ensure contract compliance. 3252 (c) Ensure that the lead agency shall furnish current and 3253 accurate information on its activities in all cases in client 3254 case records in the state’s statewide automated child welfare 3255 information system. 3256 (d) Specify the procedures to be used by the parties to 3257 resolve differences in interpreting the contract or to resolve 3258 disputes as to the adequacy of the parties’ compliance with 3259 their respective obligations under the contract. 3260 (2) The department must adopt written policies and 3261 procedures for monitoring the contract for delivery of services 3262 by lead agencies which must be posted on the department’s 3263 website. These policies and procedures must, at a minimum, 3264 address the evaluation of fiscal accountability and program 3265 operations, including provider achievement of performance 3266 standards, provider monitoring of subcontractors, and timely 3267 followup of corrective actions for significant monitoring 3268 findings related to providers and subcontractors. These policies 3269 and procedures must also include provisions for reducing the 3270 duplication of the department’s program monitoring activities 3271 both internally and with other agencies, to the extent possible. 3272 The department’s written procedures must ensure that the written 3273 findings, conclusions, and recommendations from monitoring the 3274 contract for services of lead agencies are communicated to the 3275 director of the provider agency and the community alliance as 3276 expeditiously as possible. 3277 (3) The department shall receive federal and state funds as 3278 appropriated for the operation of the child welfare system, 3279 transmit these funds to the lead agencies as agreed to in the 3280 contract, and provide information on its website of the 3281 distribution of the federal funds. The department retains 3282 responsibility for the appropriate spending of these funds. The 3283 department shall monitor lead agencies to assess compliance with 3284 the financial guidelines established pursuant to s. 409.992 and 3285 other applicable state and federal laws. 3286 (4) The department shall provide technical assistance and 3287 consultation to lead agencies in the provision of care to 3288 children in the child protection and child welfare system. 3289 (5) The department retains the responsibility for the 3290 review, approval or denial, and issuances of all foster home 3291 licenses. 3292 (6) The department shall process all applications submitted 3293 by lead agencies for the Interstate Compact on the Placement of 3294 Children and the Interstate Compact on Adoption and Medical 3295 Assistance. 3296 (7) The department shall assist lead agencies with access 3297 to and coordination with other service programs within the 3298 department. 3299 (8) The department shall determine Medicaid eligibility for 3300 all referred children and shall coordinate services with the 3301 Agency for Health Care Administration. 3302 (9) The department shall develop, in cooperation with the 3303 lead agencies, a third-party credentialing entity approved 3304 pursuant to s. 402.40(3), and the Florida Institute for Child 3305 Welfare established pursuant to s. 1004.615, a standardized 3306 competency-based curriculum for certification training for child 3307 protection staff. 3308 (10) The department shall maintain the statewide adoptions 3309 website and provide information and training to the lead 3310 agencies relating to the website. 3311 (11) The department shall provide training and assistance 3312 to lead agencies regarding the responsibility of lead agencies 3313 relating to children receiving supplemental security income, 3314 social security, railroad retirement, or veterans’ benefits. 3315 (12) With the assistance of a lead agency, the department 3316 shall develop and implement statewide and local interagency 3317 agreements needed to coordinate services for children and 3318 parents involved in the child welfare system who are also 3319 involved with the Agency for Persons with Disabilities, the 3320 Department of Juvenile Justice, the Department of Education, the 3321 Department of Health, and other governmental organizations that 3322 share responsibilities for children or parents in the child 3323 welfare system. 3324 (13) With the assistance of a lead agency, the department 3325 shall develop and implement a working agreement between the lead 3326 agency and the substance abuse and mental health managing entity 3327 to integrate services and supports for children and parents 3328 serviced in the child welfare system. 3329 (14) The department shall work with the Agency for Health 3330 Care Administration to provide each Medicaid-eligible child with 3331 early and periodic screening, diagnosis, and treatment, 3332 including 72-hour screening, periodic child health checkups, and 3333 prescribed followup for ordered services, including, but not 3334 limited to, medical, dental, and vision care. 3335 (15) The department shall assist lead agencies in 3336 developing an array of services in compliance with the Title IV 3337 E waiver and shall monitor the provision of such services. 3338 (16) The department shall provide a mechanism to allow lead 3339 agencies to request a waiver of department policies and 3340 procedures that create inefficiencies or inhibit the performance 3341 of the lead agency’s duties. 3342 (17) The department shall directly or through contract 3343 provide attorneys to prepare and present cases in dependency 3344 court and shall ensure that the court is provided with adequate 3345 information for informed decisionmaking in dependency cases, 3346 including a face sheet for each case which lists the names and 3347 contact information for any child protective investigator, child 3348 protective investigation supervisor, case manager, and case 3349 manager supervisor, and the regional department official 3350 responsible for the lead agency contract. The department shall 3351 provide to the court the case information and recommendations 3352 provided by the lead agency or subcontractor. For the Sixth 3353 Judicial Circuit, the department shall contract with the state 3354 attorney for the provision of these services. 3355 (18) The department, in consultation with lead agencies, 3356 shall establish a quality assurance program for contracted 3357 services to dependent children. The quality assurance program 3358 shall be based on standards established by federal and state law 3359 and national accrediting organizations. 3360 (a) The department must evaluate each lead agency under 3361 contract at least annually. These evaluations shall cover the 3362 programmatic, operational, and fiscal operations of the lead 3363 agency and must be consistent with the child welfare results 3364 oriented accountability system required by s. 409.997. The 3365 department must consult with dependency judges in the circuit or 3366 circuits served by the lead agency on the performance of the 3367 lead agency. 3368 (b) The department and each lead agency shall monitor out 3369 of-home placements, including the extent to which sibling groups 3370 are placed together or provisions to provide visitation and 3371 other contacts if siblings are separated. The data shall 3372 identify reasons for sibling separation. Information related to 3373 sibling placement shall be incorporated into the results 3374 oriented accountability system required pursuant to s. 409.997 3375 and in the evaluation of the outcome specified in s. 3376 409.986(2)(e). The information related to sibling placement 3377 shall also be made available to the institute established 3378 pursuant s. 1004.615 for use in assessing the performance of 3379 child welfare services in relation to the outcome specified in 3380 s. 409.986(2)(e). 3381 (c) The department shall, to the extent possible, use 3382 independent financial audits provided by the lead agency to 3383 eliminate or reduce the ongoing contract and administrative 3384 reviews conducted by the department. If the department 3385 determines that such independent financial audits are 3386 inadequate, other audits, as necessary, may be conducted by the 3387 department. This paragraph does not abrogate the requirements of 3388 s. 215.97. 3389 (d) The department may suggest additional items to be 3390 included in such independent financial audits to meet the 3391 department’s needs. 3392 (e) The department may outsource programmatic, 3393 administrative, or fiscal monitoring oversight of lead agencies. 3394 (f) A lead agency must assure that all subcontractors are 3395 subject to the same quality assurance activities as the lead 3396 agency. 3397 (19) The department and its attorneys have the 3398 responsibility to ensure that the court is fully informed about 3399 issues before it, to make recommendations to the court, and to 3400 present competent evidence, including testimony by the 3401 department’s employees, contractors, and subcontractors, as well 3402 as other individuals, to support all recommendations made to the 3403 court. The department’s attorneys shall coordinate lead agency 3404 or subcontractor staff to ensure that dependency cases are 3405 presented appropriately to the court, giving consideration to 3406 the information developed by the case manager and direction to 3407 the case manager if more information is needed. 3408 (20) The department, in consultation with lead agencies, 3409 shall develop a dispute resolution process so that disagreements 3410 between legal staff, investigators, and case management staff 3411 can be resolved in the best interest of the child in question 3412 before court appearances regarding that child. 3413 (21) The department shall periodically, and before 3414 procuring a lead agency, solicit comments and recommendations 3415 from the community alliance established in s. 20.19(5), any 3416 other community groups, or public hearings. The recommendations 3417 must include, but are not limited to: 3418 (a) The current and past performance of a lead agency. 3419 (b) The relationship between a lead agency and its 3420 community partners. 3421 (c) Any local conditions or service needs in child 3422 protection and child welfare. 3423 Section 39. Effective January 1, 2015, section 409.997, 3424 Florida Statutes, is created to read: 3425 409.997 Child welfare results-oriented accountability 3426 system.— 3427 (1) The department, the community-based care lead agencies, 3428 and the lead agencies’ subcontractors share the responsibility 3429 for achieving the outcome goals specified in s. 409.986(2). 3430 (2) In order to assess the achievement of the outcome goals 3431 specified in s. 409.986(2), the department shall maintain a 3432 comprehensive, results-oriented accountability system that 3433 monitors the use of resources, the quality and amount of 3434 services provided, and child and family outcomes through data 3435 analysis, research review, evaluation, and quality improvement. 3436 The system shall provide information about individual entities’ 3437 performance as well as the performance of groups of entities 3438 working together as an integrated system of care on a local, 3439 regional, and statewide basis. The department shall issue a 3440 request for information for the accountability system to 3441 identify system development and implementation approaches, 3442 technical and operational solutions, timeframes for 3443 implementation, pricing and costs, and implementation 3444 considerations; assess respondents’ experience in providing 3445 similar systems and interest in providing the accountability 3446 system; and generate any other information determined by the 3447 department to be useful in establishing the system. The 3448 department shall provide a report to the Governor, the President 3449 of the Senate, and the Speaker of the House of Representatives 3450 by February 1, 2015, summarizing the responses and providing the 3451 department’s recommendations regarding procurement and 3452 implementation of the system. In maintaining the accountability 3453 system, the department shall: 3454 (a) Identify valid and reliable outcome measures for each 3455 of the goals specified in this subsection. The outcome data set 3456 must consist of a limited number of understandable measures 3457 using available data to quantify outcomes as children move 3458 through the system of care. Such measures may aggregate multiple 3459 variables that affect the overall achievement of the outcome 3460 goals. Valid and reliable measures must be based on adequate 3461 sample sizes, be gathered over suitable time periods, and 3462 reflect authentic rather than spurious results, and may not be 3463 susceptible to manipulation. 3464 (b) Implement a monitoring system to track the identified 3465 outcome measures on a statewide, regional, and provider-specific 3466 basis. The monitoring system must identify trends and chart 3467 progress toward achievement of the goals specified s. 3468 409.986(2). The requirements of the monitoring system may be 3469 incorporated into the quality assurance program required under 3470 s. 409.996(18). The monitoring system shall track the placement 3471 of siblings in the child welfare system, including the extent to 3472 which siblings are placed together and, if the siblings are not 3473 placed together, the efforts to maintain the relationship 3474 between siblings through face-to-face visitation and written and 3475 electronic contact. 3476 (c) Develop and maintain an analytical system that builds 3477 on the outcomes monitoring system to assess the statistical 3478 validity of observed associations between child welfare 3479 interventions and the measured outcomes. The analysis must use 3480 quantitative methods to adjust for variations in demographic or 3481 other conditions. The analysis must include longitudinal studies 3482 to evaluate longer-term outcomes such as continued safety, 3483 family permanence, and transition to self-sufficiency. The 3484 analysis may also include qualitative research methods to 3485 provide insight into statistical patterns. 3486 (d) Develop and maintain a program of research review to 3487 identify interventions that are supported by evidence as 3488 causally linked to improved outcomes. 3489 (e) Support an ongoing process of evaluation to determine 3490 the efficacy and effectiveness of various interventions. 3491 Efficacy evaluation is intended to determine the validity of a 3492 causal relationship between an intervention and an outcome. 3493 Effectiveness evaluation is intended to determine the extent to 3494 which the results can be generalized. 3495 (f) Develop and maintain an inclusive, interactive, and 3496 evidence-supported program of quality improvement which promotes 3497 individual skill building as well as organizational learning. 3498 (g) Develop and implement a method for making the results 3499 of the accountability system transparent for all parties 3500 involved in the child welfare system as well as policymakers and 3501 the public. The presentation of the results shall provide a 3502 comprehensible, visual report card for the state and each 3503 community-based care region, indicating the current status 3504 relative to each goal and trends in that status over time. The 3505 presentation shall identify and report outcome measures that 3506 assess the performance of the department, the community-based 3507 care lead agency, and the lead agency’s subcontractors working 3508 together as an integrated system of care. 3509 (3) The department shall establish a technical advisory 3510 panel consisting of representatives from the Florida Institute 3511 for Child Welfare established in s. 1004.615, lead agencies, 3512 community-based care providers, other contract providers, 3513 community alliances, and family representatives. The President 3514 of the Senate and the Speaker of the House of Representatives 3515 shall each appoint a member to serve as a legislative liaison to 3516 the panel. The technical advisory panel shall advise the 3517 department on meeting the requirements of this section. 3518 (4) The accountability system may not rank or compare 3519 performance among community-based care regions unless adequate 3520 and specific adjustments are adopted that account for the 3521 diversity in regions’ demographics, resources, and other 3522 relevant characteristics. 3523 (5) The results of the accountability system must provide 3524 the basis for performance incentives if funds for such payments 3525 are made available through the General Appropriations Act. 3526 (6) At least quarterly, the department shall make the 3527 results of the accountability system available to the public 3528 through publication on its website. The website must allow for 3529 custom searches of the performance data. 3530 (7) By October 1 of each year, the department shall submit 3531 a report on the statewide and individual community-based care 3532 lead agency results for child protection and child welfare 3533 systems. The department shall use the accountability system and 3534 consult with the community alliance and the chief judge or 3535 judges in the community-based care service area to prepare the 3536 report. The report shall be submitted to the Governor, the 3537 President of the Senate, and the Speaker of the House of 3538 Representatives. 3539 Section 40. Section 827.10, Florida Statutes, is created to 3540 read: 3541 827.10 Unlawful desertion of a child.— 3542 (1) As used in this section, the term: 3543 (a) “Care” means support and services necessary to maintain 3544 the child’s physical and mental health, including, but not 3545 limited to, food, nutrition, clothing, shelter, supervision, 3546 medicine, and medical services that a prudent person would 3547 consider essential for the well-being of the child. 3548 (b) “Caregiver” has the same meaning as provided in s. 3549 39.01. 3550 (c) “Child” means a child for whose care the caregiver is 3551 legally responsible. 3552 (d) “Desertion” or “deserts” means to leave a child in a 3553 place or with a person other than a relative with the intent not 3554 to return to the child and with the intent not to provide for 3555 the care of the child. 3556 (e) “Relative” has the same meaning as provided in s. 3557 39.01. 3558 (2) A caregiver who deserts a child under circumstances in 3559 which the caregiver knew or should have known that the desertion 3560 exposes the child to unreasonable risk of harm commits a felony 3561 of the third degree, punishable as provided in s. 775.082, s. 3562 775.083, or s. 775.084. 3563 (3) This section does not apply to a person who surrenders 3564 a newborn infant in compliance with s. 383.50. 3565 (4) This section does not preclude prosecution for a 3566 criminal act under any other law, including, but not limited to, 3567 prosecution of child abuse or neglect of a child under s. 3568 827.03. 3569 Section 41. Paragraph (d) of subsection (4) of section 3570 985.04, Florida Statutes, is amended to read: 3571 985.04 Oaths; records; confidential information.— 3572 (4) 3573 (d) The department shall disclose to the school 3574 superintendent the presence of any child in the care and custody 3575 or under the jurisdiction or supervision of the department who 3576 has a known history of criminal sexual behavior with other 3577 juveniles; isanalleged to have committed juvenile sexual abuse 3578offender,as defined in s. 39.01; or has pled guilty or nolo 3579 contendere to, or has been found to have committed, a violation 3580 of chapter 794, chapter 796, chapter 800, s. 827.071, or s. 3581 847.0133, regardless of adjudication. Any employee of a district 3582 school board who knowingly and willfully discloses such 3583 information to an unauthorized person commits a misdemeanor of 3584 the second degree, punishable as provided in s. 775.082 or s. 3585 775.083. 3586 Section 42. Section 1004.615, Florida Statutes, is created 3587 to read: 3588 1004.615 Florida Institute for Child Welfare.— 3589 (1) There is established the Florida Institute for Child 3590 Welfare within the Florida State University College of Social 3591 Work. The purpose of the institute is to advance the well-being 3592 of children and families by improving the performance of child 3593 protection and child welfare services through research, policy 3594 analysis, evaluation, and leadership development. The institute 3595 shall consist of a consortium of public and private universities 3596 offering degrees in social work and shall be housed within the 3597 Florida State University College of Social Work. 3598 (2) Using such resources as authorized in the General 3599 Appropriations Act, the Department of Children and Families 3600 shall contract with the institute for performance of the duties 3601 described in subsection (4) using state appropriations, public 3602 and private grants, and other resources obtained by the 3603 institute. 3604 (3) The institute shall work with the department, sheriffs 3605 providing child protective investigative services, community 3606 based care lead agencies, community-based care provider 3607 organizations, the court system, the Department of Juvenile 3608 Justice, the Florida Coalition Against Domestic Violence, and 3609 other partners who contribute to and participate in providing 3610 child protection and child welfare services. 3611 (4) The institute shall: 3612 (a) Maintain a program of research which contributes to 3613 scientific knowledge and informs both policy and practice 3614 related to child safety, permanency, and child and family well 3615 being. 3616 (b) Advise the department and other organizations 3617 participating in the child protection and child welfare system 3618 regarding scientific evidence on policy and practice related to 3619 child safety, permanency, and child and family well-being. 3620 (c) Provide advice regarding management practices and 3621 administrative processes used by the department and other 3622 organizations participating in the child protection and child 3623 welfare system and recommend improvements that reduce 3624 burdensome, ineffective requirements for frontline staff and 3625 their supervisors while enhancing their ability to effectively 3626 investigate, analyze, problem solve, and supervise. 3627 (d) Assess the performance of child protection and child 3628 welfare services based on specific outcome measures. 3629 (e) Evaluate the scope and effectiveness of preservice and 3630 inservice training for child protection and child welfare 3631 employees and advise and assist the department in efforts to 3632 improve such training. 3633 (f) Assess the readiness of social work graduates to assume 3634 job responsibilities in the child protection and child welfare 3635 system and identify gaps in education which can be addressed 3636 through the modification of curricula or the establishment of 3637 industry certifications. 3638 (g) Develop and maintain a program of professional support 3639 including training courses and consulting services that assist 3640 both individuals and organizations in implementing adaptive and 3641 resilient responses to workplace stress. 3642 (h) Participate in the department’s critical incident 3643 response team, assist in the preparation of reports about such 3644 incidents, and support the committee review of reports and 3645 development of recommendations. 3646 (i) Identify effective policies and promising practices, 3647 including, but not limited to, innovations in coordination 3648 between entities participating in the child protection and child 3649 welfare system, data analytics, working with the local 3650 community, and management of human service organizations, and 3651 communicate these findings to the department and other 3652 organizations participating in the child protection and child 3653 welfare system. 3654 (j) Develop a definition of a child or family at high risk 3655 of abuse or neglect. Such a definition must consider 3656 characteristics associated with a greater probability of abuse 3657 and neglect. 3658 (5) The President of the Florida State University shall 3659 appoint a director of the institute. The director must be a 3660 child welfare professional with a degree in social work who 3661 holds a faculty appointment in the Florida State University 3662 College of Social Work. The institute shall be administered by 3663 the director, and the director’s office shall be located at the 3664 Florida State University. The director is responsible for 3665 overall management of the institute and for developing and 3666 executing the work of the institute consistent with the 3667 responsibilities in subsection (4). The director shall engage 3668 individuals in other state universities with accredited colleges 3669 of social work to participate in the institute. Individuals from 3670 other university programs relevant to the institute’s work, 3671 including, but not limited to, economics, management, law, 3672 medicine, and education, may also be invited by the director to 3673 contribute to the institute. The universities participating in 3674 the institute shall provide facilities, staff, and other 3675 resources to the institute to establish statewide access to 3676 institute programs and services. 3677 (6) By October 1 of each year, the institute shall provide 3678 a written report to the Governor, the President of the Senate, 3679 and the Speaker of the House of Representatives which outlines 3680 its activities in the preceding year, reports significant 3681 research findings, as well as results of other programs, and 3682 provides specific recommendations for improving child protection 3683 and child welfare services. 3684 (a) The institute shall include an evaluation of the 3685 results of the educational and training requirements for child 3686 protection and child welfare personnel established under this 3687 act and recommendations for application of the results to child 3688 protection personnel employed by sheriff’s offices providing 3689 child protection services in its report due October 1, 2017. 3690 (b) The institute shall include an evaluation of the 3691 effects of the other provisions of this act and recommendations 3692 for improvements in child protection and child welfare services 3693 in its report due October 1, 2018. 3694 (7) The institute shall submit a report with 3695 recommendations for improving the state’s child welfare system. 3696 The report shall address topics including, but not limited to, 3697 enhancing working relationships between the entities involved in 3698 the child protection and child welfare system, identification of 3699 and replication of best practices, reducing paperwork, 3700 increasing the retention of child protective investigators and 3701 case managers, and caring for medically complex children within 3702 the child welfare system, with the goal of allowing the child to 3703 remain in the least restrictive and most nurturing environment. 3704 The institute shall submit an interim report by February 1, 3705 2015, and final report by October 1, 2015, to the Governor, the 3706 President of the Senate, and the Speaker of the House of 3707 Representatives. 3708 Section 43. Paragraph (h) is added to subsection (1) of 3709 section 1009.25, Florida Statutes, to read: 3710 1009.25 Fee exemptions.— 3711 (1) The following students are exempt from the payment of 3712 tuition and fees, including lab fees, at a school district that 3713 provides workforce education programs, Florida College System 3714 institution, or state university: 3715 (h) Pursuant to s. 402.403, child protection and child 3716 welfare personnel as defined in s. 402.402 who are enrolled in 3717 an accredited bachelor’s degree or master’s degree in social 3718 work program, provided that the student attains at least a grade 3719 of “B” in all courses for which tuition and fees are exempted. 3720 Section 44. Section 402.401, Florida Statutes, is repealed. 3721 Section 45. Section 409.1671, Florida Statutes, is 3722 repealed. 3723 Section 46. Section 409.16715, Florida Statutes, is 3724 repealed. 3725 Section 47. Section 409.16745, Florida Statutes, is 3726 repealed. 3727 Section 48. Section 1004.61, Florida Statutes, is repealed. 3728 Section 49. Paragraph (g) of subsection (1) of section 3729 39.201, Florida Statutes, is amended to read: 3730 39.201 Mandatory reports of child abuse, abandonment, or 3731 neglect; mandatory reports of death; central abuse hotline.— 3732 (1) 3733 (g) Nothing in this chapter or in the contracting with 3734 community-based care providers for foster care and related 3735 services as specified in s. 409.987s. 409.1671shall be 3736 construed to remove or reduce the duty and responsibility of any 3737 person, including any employee of the community-based care 3738 provider, to report a suspected or actual case of child abuse, 3739 abandonment, or neglect or the sexual abuse of a child to the 3740 department’s central abuse hotline. 3741 Section 50. Subsection (1) of section 39.302, Florida 3742 Statutes, is amended to read: 3743 39.302 Protective investigations of institutional child 3744 abuse, abandonment, or neglect.— 3745 (1) The department shall conduct a child protective 3746 investigation of each report of institutional child abuse, 3747 abandonment, or neglect. Upon receipt of a report that alleges 3748 that an employee or agent of the department, or any other entity 3749 or person covered by s. 39.01(32)s. 39.01(33)or (47), acting 3750 in an official capacity, has committed an act of child abuse, 3751 abandonment, or neglect, the department shall initiate a child 3752 protective investigation within the timeframe established under 3753 s. 39.201(5) and notify the appropriate state attorney, law 3754 enforcement agency, and licensing agency, which shall 3755 immediately conduct a joint investigation, unless independent 3756 investigations are more feasible. When conducting investigations 3757 or having face-to-face interviews with the child, investigation 3758 visits shall be unannounced unless it is determined by the 3759 department or its agent that unannounced visits threaten the 3760 safety of the child. If a facility is exempt from licensing, the 3761 department shall inform the owner or operator of the facility of 3762 the report. Each agency conducting a joint investigation is 3763 entitled to full access to the information gathered by the 3764 department in the course of the investigation. A protective 3765 investigation must include an interview with the child’s parent 3766 or legal guardian. The department shall make a full written 3767 report to the state attorney within 3 working days after making 3768 the oral report. A criminal investigation shall be coordinated, 3769 whenever possible, with the child protective investigation of 3770 the department. Any interested person who has information 3771 regarding the offenses described in this subsection may forward 3772 a statement to the state attorney as to whether prosecution is 3773 warranted and appropriate. Within 15 days after the completion 3774 of the investigation, the state attorney shall report the 3775 findings to the department and shall include in the report a 3776 determination of whether or not prosecution is justified and 3777 appropriate in view of the circumstances of the specific case. 3778 Section 51. Subsection (1) of section 39.524, Florida 3779 Statutes, is amended to read: 3780 39.524 Safe-harbor placement.— 3781 (1) Except as provided in s. 39.407 or s. 985.801, a 3782 dependent child 6 years of age or older who has been found to be 3783 a victim of sexual exploitation as defined in s. 39.01(68)(g)s.378439.01(67)(g)must be assessed for placement in a safe house as 3785 provided in s. 409.1678. The assessment shall be conducted by 3786 the department or its agent and shall incorporate and address 3787 current and historical information from any law enforcement 3788 reports; psychological testing or evaluation that has occurred; 3789 current and historical information from the guardian ad litem, 3790 if one has been assigned; current and historical information 3791 from any current therapist, teacher, or other professional who 3792 has knowledge of the child and has worked with the child; and 3793 any other information concerning the availability and 3794 suitability of safe-house placement. If such placement is 3795 determined to be appropriate as a result of this assessment, the 3796 child may be placed in a safe house, if one is available. As 3797 used in this section, the term “available” as it relates to a 3798 placement means a placement that is located within the circuit 3799 or otherwise reasonably accessible. 3800 Section 52. Subsection (6) of section 316.613, Florida 3801 Statutes, is amended to read: 3802 316.613 Child restraint requirements.— 3803 (6) The child restraint requirements imposed by this 3804 section do not apply to a chauffeur-driven taxi, limousine, 3805 sedan, van, bus, motor coach, or other passenger vehicle if the 3806 operator and the motor vehicle are hired and used for the 3807 transportation of persons for compensation. It is the obligation 3808 and responsibility of the parent, guardian, or other person 3809 responsible for a child’s welfare,as defined in s. 39.01(47),3810 to comply with the requirements of this section. 3811 Section 53. Subsections (1), (3), and (5) of section 3812 409.1676, Florida Statutes, are amended to read: 3813 409.1676 Comprehensive residential group care services to 3814 children who have extraordinary needs.— 3815 (1) It is the intent of the Legislature to provide 3816 comprehensive residential group care services, including 3817 residential care, case management, and other services, to 3818 children in the child protection system who have extraordinary 3819 needs. These services are to be provided in a residential group 3820 care setting by a not-for-profit corporation or a local 3821 government entity under a contract with the Department of 3822 Children and FamiliesFamily Servicesor by a lead agency as 3823 described in s. 409.987s. 409.1671. These contracts should be 3824 designed to provide an identified number of children with access 3825 to a full array of services for a fixed price. Further, it is 3826 the intent of the Legislature that the Department of Children 3827 and FamiliesFamily Servicesand the Department of Juvenile 3828 Justice establish an interagency agreement by December 1, 2002, 3829 which describes respective agency responsibilities for referral, 3830 placement, service provision, and service coordination for 3831 dependent and delinquent youth who are referred to these 3832 residential group care facilities. The agreement must require 3833 interagency collaboration in the development of terms, 3834 conditions, and performance outcomes for residential group care 3835 contracts serving the youth referred who have been adjudicated 3836 both dependent and delinquent. 3837 (3) The department, in accordance with a specific 3838 appropriation for this program, shall contract with a not-for 3839 profit corporation, a local government entity, or the lead 3840 agency that has been established in accordance with s. 409.987 3841s. 409.1671for the performance of residential group care 3842 services described in this section. A lead agency that is 3843 currently providing residential care may provide this service 3844 directly with the approval of the local community alliance. The 3845 department or a lead agency may contract for more than one site 3846 in a county if that is determined to be the most effective way 3847 to achieve the goals set forth in this section. 3848 (5) The department may transfer all casework 3849 responsibilities for children served under this program to the 3850 entity that provides this service, including case management and 3851 development and implementation of a case plan in accordance with 3852 current standards for child protection services. When the 3853 department establishes this program in a community that has a 3854 lead agency as described in s. 409.987s. 409.1671, the casework 3855 responsibilities must be transferred to the lead agency. 3856 Section 54. Subsection (2) of section 409.1677, Florida 3857 Statutes, is amended to read: 3858 409.1677 Model comprehensive residential services 3859 programs.— 3860 (2) The department shall establish a model comprehensive 3861 residential services program in Manatee and Miami-Dade Counties 3862 through a contract with the designated lead agency established 3863 in accordance with s. 409.987s. 409.1671or with a private 3864 entity capable of providing residential group care and home 3865 based care and experienced in the delivery of a range of 3866 services to foster children, if no lead agency exists. These 3867 model programs are to serve that portion of eligible children 3868 within each county which is specified in the contract, based on 3869 funds appropriated, to include a full array of services for a 3870 fixed price. The private entity or lead agency is responsible 3871 for all programmatic functions necessary to carry out the intent 3872 of this section. 3873 Section 55. Paragraph (d) of subsection (1) of section 3874 409.1678, Florida Statutes, is amended to read: 3875 409.1678 Safe harbor for children who are victims of sexual 3876 exploitation.— 3877 (1) As used in this section, the term: 3878 (d) “Sexually exploited child” means a dependent child who 3879 has suffered sexual exploitation as defined in s. 39.01(68)(g) 3880s. 39.01(67)(g)and is ineligible for relief and benefits under 3881 the federal Trafficking Victims Protection Act, 22 U.S.C. ss. 3882 7101 et seq. 3883 Section 56. Subsection (24) of section 409.906, Florida 3884 Statutes, is amended to read: 3885 409.906 Optional Medicaid services.—Subject to specific 3886 appropriations, the agency may make payments for services which 3887 are optional to the state under Title XIX of the Social Security 3888 Act and are furnished by Medicaid providers to recipients who 3889 are determined to be eligible on the dates on which the services 3890 were provided. Any optional service that is provided shall be 3891 provided only when medically necessary and in accordance with 3892 state and federal law. Optional services rendered by providers 3893 in mobile units to Medicaid recipients may be restricted or 3894 prohibited by the agency. Nothing in this section shall be 3895 construed to prevent or limit the agency from adjusting fees, 3896 reimbursement rates, lengths of stay, number of visits, or 3897 number of services, or making any other adjustments necessary to 3898 comply with the availability of moneys and any limitations or 3899 directions provided for in the General Appropriations Act or 3900 chapter 216. If necessary to safeguard the state’s systems of 3901 providing services to elderly and disabled persons and subject 3902 to the notice and review provisions of s. 216.177, the Governor 3903 may direct the Agency for Health Care Administration to amend 3904 the Medicaid state plan to delete the optional Medicaid service 3905 known as “Intermediate Care Facilities for the Developmentally 3906 Disabled.” Optional services may include: 3907 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for 3908 Health Care Administration, in consultation with the Department 3909 of Children and FamiliesFamily Services, may establish a 3910 targeted case-management project in those counties identified by 3911 the Department of Children and FamiliesFamily Servicesand for 3912 all counties with a community-based child welfare project, as 3913 authorized under s. 409.987s. 409.1671,which have been 3914 specifically approved by the department. The covered group of 3915 individuals who are eligible to receive targeted case management 3916 include children who are eligible for Medicaid; who are between 3917 the ages of birth through 21; and who are under protective 3918 supervision or postplacement supervision, under foster-care 3919 supervision, or in shelter care or foster care. The number of 3920 individuals who are eligible to receive targeted case management 3921 is limited to the number for whom the Department of Children and 3922 FamiliesFamily Serviceshas matching funds to cover the costs. 3923 The general revenue funds required to match the funds for 3924 services provided by the community-based child welfare projects 3925 are limited to funds available for services described under s. 3926 409.990s. 409.1671. The Department of Children and Families 3927Family Servicesmay transfer the general revenue matching funds 3928 as billed by the Agency for Health Care Administration. 3929 Section 57. Paragraph (b) of subsection (4) of section 3930 409.912, Florida Statutes, is amended to read: 3931 409.912 Cost-effective purchasing of health care.—The 3932 agency shall purchase goods and services for Medicaid recipients 3933 in the most cost-effective manner consistent with the delivery 3934 of quality medical care. To ensure that medical services are 3935 effectively utilized, the agency may, in any case, require a 3936 confirmation or second physician’s opinion of the correct 3937 diagnosis for purposes of authorizing future services under the 3938 Medicaid program. This section does not restrict access to 3939 emergency services or poststabilization care services as defined 3940 in 42 C.F.R. part 438.114. Such confirmation or second opinion 3941 shall be rendered in a manner approved by the agency. The agency 3942 shall maximize the use of prepaid per capita and prepaid 3943 aggregate fixed-sum basis services when appropriate and other 3944 alternative service delivery and reimbursement methodologies, 3945 including competitive bidding pursuant to s. 287.057, designed 3946 to facilitate the cost-effective purchase of a case-managed 3947 continuum of care. The agency shall also require providers to 3948 minimize the exposure of recipients to the need for acute 3949 inpatient, custodial, and other institutional care and the 3950 inappropriate or unnecessary use of high-cost services. The 3951 agency shall contract with a vendor to monitor and evaluate the 3952 clinical practice patterns of providers in order to identify 3953 trends that are outside the normal practice patterns of a 3954 provider’s professional peers or the national guidelines of a 3955 provider’s professional association. The vendor must be able to 3956 provide information and counseling to a provider whose practice 3957 patterns are outside the norms, in consultation with the agency, 3958 to improve patient care and reduce inappropriate utilization. 3959 The agency may mandate prior authorization, drug therapy 3960 management, or disease management participation for certain 3961 populations of Medicaid beneficiaries, certain drug classes, or 3962 particular drugs to prevent fraud, abuse, overuse, and possible 3963 dangerous drug interactions. The Pharmaceutical and Therapeutics 3964 Committee shall make recommendations to the agency on drugs for 3965 which prior authorization is required. The agency shall inform 3966 the Pharmaceutical and Therapeutics Committee of its decisions 3967 regarding drugs subject to prior authorization. The agency is 3968 authorized to limit the entities it contracts with or enrolls as 3969 Medicaid providers by developing a provider network through 3970 provider credentialing. The agency may competitively bid single 3971 source-provider contracts if procurement of goods or services 3972 results in demonstrated cost savings to the state without 3973 limiting access to care. The agency may limit its network based 3974 on the assessment of beneficiary access to care, provider 3975 availability, provider quality standards, time and distance 3976 standards for access to care, the cultural competence of the 3977 provider network, demographic characteristics of Medicaid 3978 beneficiaries, practice and provider-to-beneficiary standards, 3979 appointment wait times, beneficiary use of services, provider 3980 turnover, provider profiling, provider licensure history, 3981 previous program integrity investigations and findings, peer 3982 review, provider Medicaid policy and billing compliance records, 3983 clinical and medical record audits, and other factors. Providers 3984 are not entitled to enrollment in the Medicaid provider network. 3985 The agency shall determine instances in which allowing Medicaid 3986 beneficiaries to purchase durable medical equipment and other 3987 goods is less expensive to the Medicaid program than long-term 3988 rental of the equipment or goods. The agency may establish rules 3989 to facilitate purchases in lieu of long-term rentals in order to 3990 protect against fraud and abuse in the Medicaid program as 3991 defined in s. 409.913. The agency may seek federal waivers 3992 necessary to administer these policies. 3993 (4) The agency may contract with: 3994 (b) An entity that is providing comprehensive behavioral 3995 health care services to certain Medicaid recipients through a 3996 capitated, prepaid arrangement pursuant to the federal waiver 3997 provided for by s. 409.905(5). Such entity must be licensed 3998 under chapter 624, chapter 636, or chapter 641, or authorized 3999 under paragraph (c) or paragraph (d), and must possess the 4000 clinical systems and operational competence to manage risk and 4001 provide comprehensive behavioral health care to Medicaid 4002 recipients. As used in this paragraph, the term “comprehensive 4003 behavioral health care services” means covered mental health and 4004 substance abuse treatment services that are available to 4005 Medicaid recipients. The secretary of the Department of Children 4006 and FamiliesFamily Servicesshall approve provisions of 4007 procurements related to children in the department’s care or 4008 custody before enrolling such children in a prepaid behavioral 4009 health plan. Any contract awarded under this paragraph must be 4010 competitively procured. In developing the behavioral health care 4011 prepaid plan procurement document, the agency shall ensure that 4012 the procurement document requires the contractor to develop and 4013 implement a plan to ensure compliance with s. 394.4574 related 4014 to services provided to residents of licensed assisted living 4015 facilities that hold a limited mental health license. Except as 4016 provided in subparagraph 5., and except in counties where the 4017 Medicaid managed care pilot program is authorized pursuant to s. 4018 409.91211, the agency shall seek federal approval to contract 4019 with a single entity meeting these requirements to provide 4020 comprehensive behavioral health care services to all Medicaid 4021 recipients not enrolled in a Medicaid managed care plan 4022 authorized under s. 409.91211, a provider service network 4023 authorized under paragraph (d), or a Medicaid health maintenance 4024 organization in an AHCA area. In an AHCA area where the Medicaid 4025 managed care pilot program is authorized pursuant to s. 4026 409.91211 in one or more counties, the agency may procure a 4027 contract with a single entity to serve the remaining counties as 4028 an AHCA area or the remaining counties may be included with an 4029 adjacent AHCA area and are subject to this paragraph. Each 4030 entity must offer a sufficient choice of providers in its 4031 network to ensure recipient access to care and the opportunity 4032 to select a provider with whom they are satisfied. The network 4033 shall include all public mental health hospitals. To ensure 4034 unimpaired access to behavioral health care services by Medicaid 4035 recipients, all contracts issued pursuant to this paragraph must 4036 require 80 percent of the capitation paid to the managed care 4037 plan, including health maintenance organizations and capitated 4038 provider service networks, to be expended for the provision of 4039 behavioral health care services. If the managed care plan 4040 expends less than 80 percent of the capitation paid for the 4041 provision of behavioral health care services, the difference 4042 shall be returned to the agency. The agency shall provide the 4043 plan with a certification letter indicating the amount of 4044 capitation paid during each calendar year for behavioral health 4045 care services pursuant to this section. The agency may reimburse 4046 for substance abuse treatment services on a fee-for-service 4047 basis until the agency finds that adequate funds are available 4048 for capitated, prepaid arrangements. 4049 1. The agency shall modify the contracts with the entities 4050 providing comprehensive inpatient and outpatient mental health 4051 care services to Medicaid recipients in Hillsborough, Highlands, 4052 Hardee, Manatee, and Polk Counties, to include substance abuse 4053 treatment services. 4054 2. Except as provided in subparagraph 5., the agency and 4055 the Department of Children and FamiliesFamily Servicesshall 4056 contract with managed care entities in each AHCA area except 4057 area 6 or arrange to provide comprehensive inpatient and 4058 outpatient mental health and substance abuse services through 4059 capitated prepaid arrangements to all Medicaid recipients who 4060 are eligible to participate in such plans under federal law and 4061 regulation. In AHCA areas where eligible individuals number less 4062 than 150,000, the agency shall contract with a single managed 4063 care plan to provide comprehensive behavioral health services to 4064 all recipients who are not enrolled in a Medicaid health 4065 maintenance organization, a provider service network authorized 4066 under paragraph (d), or a Medicaid capitated managed care plan 4067 authorized under s. 409.91211. The agency may contract with more 4068 than one comprehensive behavioral health provider to provide 4069 care to recipients who are not enrolled in a Medicaid capitated 4070 managed care plan authorized under s. 409.91211, a provider 4071 service network authorized under paragraph (d), or a Medicaid 4072 health maintenance organization in AHCA areas where the eligible 4073 population exceeds 150,000. In an AHCA area where the Medicaid 4074 managed care pilot program is authorized pursuant to s. 4075 409.91211 in one or more counties, the agency may procure a 4076 contract with a single entity to serve the remaining counties as 4077 an AHCA area or the remaining counties may be included with an 4078 adjacent AHCA area and shall be subject to this paragraph. 4079 Contracts for comprehensive behavioral health providers awarded 4080 pursuant to this section shall be competitively procured. Both 4081 for-profit and not-for-profit corporations are eligible to 4082 compete. Managed care plans contracting with the agency under 4083 subsection (3) or paragraph (d) shall provide and receive 4084 payment for the same comprehensive behavioral health benefits as 4085 provided in AHCA rules, including handbooks incorporated by 4086 reference. In AHCA area 11, the agency shall contract with at 4087 least two comprehensive behavioral health care providers to 4088 provide behavioral health care to recipients in that area who 4089 are enrolled in, or assigned to, the MediPass program. One of 4090 the behavioral health care contracts must be with the existing 4091 provider service network pilot project, as described in 4092 paragraph (d), for the purpose of demonstrating the cost 4093 effectiveness of the provision of quality mental health services 4094 through a public hospital-operated managed care model. Payment 4095 shall be at an agreed-upon capitated rate to ensure cost 4096 savings. Of the recipients in area 11 who are assigned to 4097 MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those 4098 MediPass-enrolled recipients shall be assigned to the existing 4099 provider service network in area 11 for their behavioral care. 4100 3. Children residing in a statewide inpatient psychiatric 4101 program, or in a Department of Juvenile Justice or a Department 4102 of Children and FamiliesFamily Servicesresidential program 4103 approved as a Medicaid behavioral health overlay services 4104 provider may not be included in a behavioral health care prepaid 4105 health plan or any other Medicaid managed care plan pursuant to 4106 this paragraph. 4107 4. Traditional community mental health providers under 4108 contract with the Department of Children and FamiliesFamily4109Servicespursuant to part IV of chapter 394, child welfare 4110 providers under contract with the Department of Children and 4111 FamiliesFamily Servicesin areas 1 and 6, and inpatient mental 4112 health providers licensed pursuant to chapter 395 must be 4113 offered an opportunity to accept or decline a contract to 4114 participate in any provider network for prepaid behavioral 4115 health services. 4116 5. All Medicaid-eligible children, except children in area 4117 1 and children in Highlands County, Hardee County, Polk County, 4118 or Manatee County of area 6, whichthatare open for child 4119 welfare services in the statewide automated child welfare 4120 information system, shall receive their behavioral health care 4121 services through a specialty prepaid plan operated by community 4122 based lead agencies through a single agency or formal agreements 4123 among several agencies. The agency shall work with the specialty 4124 plan to develop clinically effective, evidence-based 4125 alternatives as a downward substitution for the statewide 4126 inpatient psychiatric program and similar residential care and 4127 institutional services. The specialty prepaid plan must result 4128 in savings to the state comparable to savings achieved in other 4129 Medicaid managed care and prepaid programs. Such plan must 4130 provide mechanisms to maximize state and local revenues. The 4131 specialty prepaid plan shall be developed by the agency and the 4132 Department of Children and FamiliesFamily Services. The agency 4133 may seek federal waivers to implement this initiative. Medicaid 4134 eligible children whose cases are open for child welfare 4135 services in the statewide automated child welfare information 4136 system and who reside in AHCA area 10 shall be enrolled in a 4137 capitated provider service network or other capitated managed 4138 care plan, which, in coordination with available community-based 4139 care providers specified in s. 409.987s. 409.1671, shall 4140 provide sufficient medical, developmental, and behavioral health 4141 services to meet the needs of these children. 4142 4143 Effective July 1, 2012, in order to ensure continuity of care, 4144 the agency is authorized to extend or modify current contracts 4145 based on current service areas or on a regional basis, as 4146 determined appropriate by the agency, with comprehensive 4147 behavioral health care providers as described in this paragraph 4148 during the period prior to its expiration. This paragraph 4149 expires October 1, 2014. 4150 Section 58. Paragraph (dd) of subsection (3) of section 4151 409.91211, Florida Statutes, is amended to read: 4152 409.91211 Medicaid managed care pilot program.— 4153 (3) The agency shall have the following powers, duties, and 4154 responsibilities with respect to the pilot program: 4155 (dd) To implement service delivery mechanisms within a 4156 specialty plan in area 10 to provide behavioral health care 4157 services to Medicaid-eligible children whose cases are open for 4158 child welfare services in the HomeSafeNet system. These services 4159 must be coordinated with community-based care providers as 4160 specified in s. 409.986s. 409.1671, where available, and be 4161 sufficient to meet the developmental, behavioral, and emotional 4162 needs of these children. Children in area 10 who have an open 4163 case in the HomeSafeNet system shall be enrolled into the 4164 specialty plan. These service delivery mechanisms must be 4165 implemented no later than July 1, 2011, in AHCA area 10 in order 4166 for the children in AHCA area 10 to remain exempt from the 4167 statewide plan under s. 409.912(4)(b)5. An administrative fee 4168 may be paid to the specialty plan for the coordination of 4169 services based on the receipt of the state share of that fee 4170 being provided through intergovernmental transfers. 4171 Section 59. Paragraph (d) of subsection (1) of section 4172 420.628, Florida Statutes, is amended to read: 4173 420.628 Affordable housing for children and young adults 4174 leaving foster care; legislative findings and intent.— 4175 (1) 4176 (d) The Legislature intends that the Florida Housing 4177 Finance Corporation, agencies within the State Housing 4178 Initiative Partnership Program, local housing finance agencies, 4179 public housing authorities, and their agents, and other 4180 providers of affordable housing coordinate with the Department 4181 of Children and FamiliesFamily Services, their agents, and 4182 community-based care providers who provide services under s. 4183 409.986s. 409.1671to develop and implement strategies and 4184 procedures designed to make affordable housing available 4185 whenever and wherever possible to young adults who leave the 4186 child welfare system. 4187 Section 60. Subsection (5) of section 960.065, Florida 4188 Statutes, is amended to read: 4189 960.065 Eligibility for awards.— 4190 (5) A person is not ineligible for an award pursuant to 4191 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 4192 person is a victim of sexual exploitation of a child as defined 4193 in s. 39.01(68)(g)s. 39.01(67)(g). 4194 Section 61. Except as otherwise expressly provided in this 4195 act, this act shall take effect July 1, 2014.