Bill Text: FL S7102 | 2011 | Regular Session | Introduced
Bill Title: Welfare of Children
Spectrum: Committee Bill
Status: (N/A - Dead) 2011-04-01 - Submit as committee bill by Budget (SB 2108) [S7102 Detail]
Download: Florida-2011-S7102-Introduced.html
Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7102 FOR CONSIDERATION By the Committee on Budget 576-02277-11 20117102__ 1 A bill to be entitled 2 An act relating to the welfare of children; repealing 3 s. 39.001(6), (7), (8), (9), and (12), F.S., relating 4 to the Office of Adoption and Child Protection within 5 the Executive Office of the Governor; amending s. 6 39.0014, F.S.; requiring all state, county, and local 7 agencies to cooperate, assist, and provide information 8 to the Department of Children and Family Services 9 rather than the Office of Adoption and Child 10 Protection; repealing s. 39.01(46), F.S., relating to 11 the definition of the term “office” as it relates to 12 the Office of Adoption and Child Protection; amending 13 s. 39.302, F.S.; conforming a cross-reference; 14 amending s. 402.56, F.S.; relocating the Children and 15 Youth Cabinet from the Executive Office of the 16 Governor to the Department of Children and Family 17 Services; revising the membership of the cabinet; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsections (6), (7), (8), (9), and (12) of 23 section 39.001, Florida Statutes, are repealed. 24 Section 2. Section 39.0014, Florida Statutes, is amended to 25 read: 26 39.0014 Responsibilities of public agencies.—All state, 27 county, and local agencies shall cooperate, assist, and provide 28 information to theOffice of Adoption and Child Protection and29thedepartment as will enable them to fulfill their 30 responsibilities under this chapter. 31 Section 3. Subsection (46) of section 39.01, Florida 32 Statutes, is repealed. 33 Section 4. Subsection (1) of section 39.302, Florida 34 Statutes, is amended to read: 35 39.302 Protective investigations of institutional child 36 abuse, abandonment, or neglect.— 37 (1) The department shall conduct a child protective 38 investigation of each report of institutional child abuse, 39 abandonment, or neglect. Upon receipt of a report that alleges 40 that an employee or agent of the department, or any other entity 41 or person covered by s. 39.01(33) or (46)(47), acting in an 42 official capacity, has committed an act of child abuse, 43 abandonment, or neglect, the department shall initiate a child 44 protective investigation within the timeframe established under 45 s. 39.201(5) and orally notify the appropriate state attorney, 46 law enforcement agency, and licensing agency, which shall 47 immediately conduct a joint investigation, unless independent 48 investigations are more feasible. When conducting investigations 49 onsite or having face-to-face interviews with the child, 50 investigation visits shall be unannounced unless it is 51 determined by the department or its agent that unannounced 52 visits threaten the safety of the child. If a facility is exempt 53 from licensing, the department shall inform the owner or 54 operator of the facility of the report. Each agency conducting a 55 joint investigation is entitled to full access to the 56 information gathered by the department in the course of the 57 investigation. A protective investigation must include an onsite 58 visit of the child’s place of residence. The department shall 59 make a full written report to the state attorney within 3 60 working days after making the oral report. A criminal 61 investigation shall be coordinated, whenever possible, with the 62 child protective investigation of the department. Any interested 63 person who has information regarding the offenses described in 64 this subsection may forward a statement to the state attorney as 65 to whether prosecution is warranted and appropriate. Within 15 66 days after the completion of the investigation, the state 67 attorney shall report the findings to the department and shall 68 include in the report a determination of whether or not 69 prosecution is justified and appropriate in view of the 70 circumstances of the specific case. 71 Section 5. Subsections (3) and (4) of section 402.56, 72 Florida Statutes, are amended to read: 73 402.56 Children’s cabinet; organization; responsibilities; 74 annual report.— 75 (3) ORGANIZATION.—There is created the Children and Youth 76 Cabinet, which is a coordinating council as defined in s. 20.03. 77 (a) The cabinet shall ensure that the public policy of this 78 state relating to children and youth is developed to promote 79 interdepartmental collaboration and program implementation in 80 order that services designed for children and youth are planned, 81 managed, and delivered in a holistic and integrated manner to 82 improve the children’s self-sufficiency, safety, economic 83 stability, health, and quality of life. 84 (b) The cabinet shall be locatedis createdin the 85 Department of Children and Family ServicesExecutive Office of86the Governor, which shall provide administrative support and 87 service to the cabinet. 88 (c) The cabinet shall meet for its organizational session 89 no later than October 1, 2007. Thereafter, the cabinet shall 90 meet at least foursixtimes each year in different regions of 91 the state in order to solicit input from the public and any 92 other individual offering testimony relevant to the issues 93 considered. Each meeting must include a public comment session. 94 (4) MEMBERS.—The cabinet shall consist of 1415members 95 including the Secretary of Children and Family ServicesGovernor96 and the following persons: 97 (a)1. The Governor or his or her designeeSecretary of98Children and Family Services; 99 2. The Secretary of Juvenile Justice or his or her 100 designee; 101 3. The director of the Agency for Persons with Disabilities 102 or his or her designee; 103 4. The director of the Agency for Workforce Innovation or 104 his or her designee; 105 5. The State Surgeon General or his or her designee; 106 6. The Secretary of Health Care Administration or his or 107 her designee; 108 7. The Commissioner of Education or his or her designee; 109 8. The director of the Statewide Guardian Ad Litem Office 110 or his or her designee; and 1119. The director of the Office of Child Abuse Prevention;112and113 9.10.Five members representing children and youth advocacy 114 organizations, who are not service providers and who are 115 appointed by the Governor. 116 (b) The President of the Senate, the Speaker of the House 117 of Representatives, the Chief Justice of the Supreme Court, the 118 Attorney General, and the Chief Financial Officer, or their 119 appointed designees, shall serve as ex officio members of the 120 cabinet. 121 (c) The Secretary of Children and Family Services or his or 122 herGovernor or the Governor’sdesignee shall serve as the chair 123 of the cabinet. 124 (d) Nongovernmental members of the cabinet shall serve 125 without compensation, but are entitled to receive per diem and 126 travel expenses in accordance with s. 112.061 while in 127 performance of their duties. 128 Section 6. This act shall take effect July 1, 2011.