Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1666
       
       
       
       
       
       
                                Ì465622"Î465622                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/23/2014           .                                
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       The Committee on Appropriations (Sobel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (3) through (5) of section
    6  20.19, Florida Statutes, are renumbered as subsections (4)
    7  through (6), respectively, subsection (2) of that section is
    8  amended, and a new subsection (3) is added to that section, to
    9  read:
   10         20.19 Department of Children and Families.—There is created
   11  a Department of Children and Families.
   12         (2) SECRETARY OF CHILDREN AND FAMILIES; DEPUTY SECRETARY.—
   13         (a) The head of the department is the Secretary of Children
   14  and Families. The secretary is appointed by the Governor,
   15  subject to confirmation by the Senate. The secretary serves at
   16  the pleasure of the Governor.
   17         (b) The secretary shall appoint a deputy secretary who
   18  shall act in the absence of the secretary. The deputy secretary
   19  is directly responsible to the secretary, performs such duties
   20  as are assigned by the secretary, and serves at the pleasure of
   21  the secretary.
   22         (3) ASSISTANT SECRETARIES.—
   23         (a) Child welfare.
   24         1. The secretary shall appoint an Assistant Secretary for
   25  Child Welfare to lead the department in carrying out its duties
   26  and responsibilities for child protection and child welfare. The
   27  assistant secretary shall serve at the pleasure of the
   28  secretary.
   29         2. The assistant secretary must have at least 7 years of
   30  experience working in organizations that deliver child
   31  protective or child welfare services.
   32         (b) Substance abuse and mental health.
   33         (c)1. The secretary shall appoint an Assistant Secretary
   34  for Substance Abuse and Mental Health. The assistant secretary
   35  shall serve at the pleasure of the secretary and must have
   36  expertise in both areas of responsibility.
   37         2. The secretary shall appoint a Director for Substance
   38  Abuse and Mental Health who has the requisite expertise and
   39  experience to head the state’s Substance Abuse and Mental Health
   40  Program Office.
   41         Section 2. Paragraphs (b), (c), (g), and (k) of subsection
   42  (1) of section 39.001, Florida Statutes, are amended, paragraphs
   43  (o) and (p) are added to that subsection, present paragraphs (f)
   44  through (h) of subsection (3) are redesignated as paragraphs (g)
   45  through (i), respectively, and a new paragraph (f) is added to
   46  that subsection, present subsections (4) through (11) are
   47  renumbered as subsections (5) through (12), respectively, and a
   48  new subsection (4) is added to that section, and paragraph (c)
   49  of present subsection (8) and paragraph (b) of present
   50  subsection (10) of that section are amended, to read:
   51         39.001 Purposes and intent; personnel standards and
   52  screening.—
   53         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
   54         (b) To recognize that most families desire to be competent
   55  caregivers and providers for their children and that children
   56  achieve their greatest potential when families are able to
   57  support and nurture the growth and development of their
   58  children. Therefore, the Legislature finds that policies and
   59  procedures that provide for prevention and intervention through
   60  the department’s child protection system should be based on the
   61  following principles:
   62         1. The health and safety of the children served shall be of
   63  paramount concern.
   64         2. The prevention and intervention should engage families
   65  in constructive, supportive, and nonadversarial relationships.
   66         3. The prevention and intervention should intrude as little
   67  as possible into the life of the family, be focused on clearly
   68  defined objectives, and keep the safety of the child or children
   69  as the paramount concern take the most parsimonious path to
   70  remedy a family’s problems.
   71         4. The prevention and intervention should be based upon
   72  outcome evaluation results that demonstrate success in
   73  protecting children and supporting families.
   74         (c) To provide a child protection system that reflects a
   75  partnership between the department, other agencies, the courts,
   76  law enforcement agencies, service providers, and local
   77  communities.
   78         (g) To ensure that the parent or legal custodian from whose
   79  custody the child has been taken assists the department to the
   80  fullest extent possible in locating relatives suitable to serve
   81  as caregivers for the child and provides all medical and
   82  educational information, or consent for access thereto, needed
   83  to help the child.
   84         (k) To make every possible effort, if when two or more
   85  children who are in the care or under the supervision of the
   86  department are siblings, to place the siblings in the same home;
   87  and in the event of permanent placement of the siblings, to
   88  place them in the same adoptive home or, if the siblings are
   89  separated while under the care or supervision of the department
   90  or in a permanent placement, to keep them in contact with each
   91  other.
   92         (o) To preserve and strengthen families who are caring for
   93  medically complex children.
   94         (p) To provide protective investigations that are conducted
   95  by trained persons in a complete and fair manner, that are
   96  promptly concluded, and that consider the purposes of this
   97  subsection and the general protections provided by law relating
   98  to child welfare.
   99         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  100  the Legislature that the children of this state be provided with
  101  the following protections:
  102         (f) Access to sufficient supports and services for
  103  medically complex children to allow them to remain in the least
  104  restrictive and most nurturing environment, which includes
  105  services in an amount and scope comparable to those services the
  106  child would receive in out-of-home care placement.
  107         (4) SERVICES FOR MEDICALLY COMPLEX CHILDREN.—The department
  108  shall maintain a program of family-centered services and
  109  supports for medically complex children. The purpose of the
  110  program is to prevent abuse and neglect of medically complex
  111  children while enhancing the capacity of families to provide for
  112  their children’s needs. Program services must include outreach,
  113  early intervention, and the provision of other supports and
  114  services to meet the child’s needs. The department shall
  115  collaborate with all relevant state and local agencies to
  116  provide needed services.
  117         (9)(8) OFFICE OF ADOPTION AND CHILD PROTECTION.—
  118         (c) The office is authorized and directed to:
  119         1. Oversee the preparation and implementation of the state
  120  plan established under subsection (10) (9) and revise and update
  121  the state plan as necessary.
  122         2. Provide for or make available continuing professional
  123  education and training in the prevention of child abuse and
  124  neglect.
  125         3. Work to secure funding in the form of appropriations,
  126  gifts, and grants from the state, the Federal Government, and
  127  other public and private sources in order to ensure that
  128  sufficient funds are available for the promotion of adoption,
  129  support of adoptive families, and child abuse prevention
  130  efforts.
  131         4. Make recommendations pertaining to agreements or
  132  contracts for the establishment and development of:
  133         a. Programs and services for the promotion of adoption,
  134  support of adoptive families, and prevention of child abuse and
  135  neglect.
  136         b. Training programs for the prevention of child abuse and
  137  neglect.
  138         c. Multidisciplinary and discipline-specific training
  139  programs for professionals with responsibilities affecting
  140  children, young adults, and families.
  141         d. Efforts to promote adoption.
  142         e. Postadoptive services to support adoptive families.
  143         5. Monitor, evaluate, and review the development and
  144  quality of local and statewide services and programs for the
  145  promotion of adoption, support of adoptive families, and
  146  prevention of child abuse and neglect and shall publish and
  147  distribute an annual report of its findings on or before January
  148  1 of each year to the Governor, the Speaker of the House of
  149  Representatives, the President of the Senate, the head of each
  150  state agency affected by the report, and the appropriate
  151  substantive committees of the Legislature. The report shall
  152  include:
  153         a. A summary of the activities of the office.
  154         b. A summary of the adoption data collected and reported to
  155  the federal Adoption and Foster Care Analysis and Reporting
  156  System (AFCARS) and the federal Administration for Children and
  157  Families.
  158         c. A summary of the child abuse prevention data collected
  159  and reported to the National Child Abuse and Neglect Data System
  160  (NCANDS) and the federal Administration for Children and
  161  Families.
  162         d. A summary detailing the timeliness of the adoption
  163  process for children adopted from within the child welfare
  164  system.
  165         e. Recommendations, by state agency, for the further
  166  development and improvement of services and programs for the
  167  promotion of adoption, support of adoptive families, and
  168  prevention of child abuse and neglect.
  169         f. Budget requests, adoption promotion and support needs,
  170  and child abuse prevention program needs by state agency.
  171         6. Work with the direct-support organization established
  172  under s. 39.0011 to receive financial assistance.
  173         (11)(10) FUNDING AND SUBSEQUENT PLANS.—
  174         (b) The office and the other agencies and organizations
  175  listed in paragraph (10)(a) (9)(a) shall readdress the state
  176  plan and make necessary revisions every 5 years, at a minimum.
  177  Such revisions shall be submitted to the Speaker of the House of
  178  Representatives and the President of the Senate no later than
  179  June 30 of each year divisible by 5. At least biennially, the
  180  office shall review the state plan and make any necessary
  181  revisions based on changing needs and program evaluation
  182  results. An annual progress report shall be submitted to update
  183  the state plan in the years between the 5-year intervals. In
  184  order to avoid duplication of effort, these required plans may
  185  be made a part of or merged with other plans required by either
  186  the state or Federal Government, so long as the portions of the
  187  other state or Federal Government plan that constitute the state
  188  plan for the promotion of adoption, support of adoptive
  189  families, and prevention of child abuse, abandonment, and
  190  neglect are clearly identified as such and are provided to the
  191  Speaker of the House of Representatives and the President of the
  192  Senate as required under this section above.
  193         Section 3. Present subsections (59) through (65) of section
  194  39.01, Florida Statutes, are redesignated as subsections (60)
  195  through (66), respectively, present subsections (67) through
  196  (69) are redesignated as subsections (68) through (70),
  197  respectively, present subsections (70) through (76) are
  198  redesignated as subsections (72) through (78), respectively, new
  199  subsections (31), (41), (59), (67), and (71) are added to that
  200  section, and subsections (7), (14), (18), (22), (26), and (27)
  201  and present subsections (28) through (41), (59), and (65) of
  202  that section are amended, to read:
  203         39.01 Definitions.—When used in this chapter, unless the
  204  context otherwise requires:
  205         (7) “Alleged juvenile sexual offender” means:
  206         (a) A child 12 years of age or younger who is alleged to
  207  have committed a violation of chapter 794, chapter 796, chapter
  208  800, s. 827.071, or s. 847.0133; or
  209         (b) A child who is alleged to have committed any violation
  210  of law or delinquent act involving juvenile sexual abuse.
  211  “Juvenile sexual abuse” means any sexual behavior which occurs
  212  without consent, without equality, or as a result of coercion.
  213  For purposes of this subsection paragraph, the following
  214  definitions apply:
  215         (a)1. “Coercion” means the exploitation of authority or the
  216  use of bribes, threats of force, or intimidation to gain
  217  cooperation or compliance.
  218         (b)2. “Equality” means two participants operating with the
  219  same level of power in a relationship, neither being controlled
  220  nor coerced by the other.
  221         (c)3. “Consent” means an agreement, including all of the
  222  following:
  223         1.a. Understanding what is proposed based on age, maturity,
  224  developmental level, functioning, and experience.
  225         2.b. Knowledge of societal standards for what is being
  226  proposed.
  227         3.c. Awareness of potential consequences and alternatives.
  228         4.d. Assumption that agreement or disagreement will be
  229  accepted equally.
  230         5.e. Voluntary decision.
  231         6.f. Mental competence.
  232  
  233  Juvenile sexual offender behavior ranges from noncontact sexual
  234  behavior such as making obscene phone calls, exhibitionism,
  235  voyeurism, and the showing or taking of lewd photographs to
  236  varying degrees of direct sexual contact, such as frottage,
  237  fondling, digital penetration, rape, fellatio, sodomy, and
  238  various other sexually aggressive acts.
  239         (14) “Child who has exhibited inappropriate sexual
  240  behavior” means a child who is 12 years of age or younger and
  241  who has been found by the department or the court to have
  242  committed an inappropriate sexual act.
  243         (18) “Comprehensive assessment” or “assessment” means the
  244  gathering of information for the evaluation of a child’s and
  245  caregiver’s physical, psychiatric, psychological, or mental
  246  health; developmental delays or challenges; and, educational,
  247  vocational, and social condition and family environment as they
  248  relate to the child’s and caregiver’s need for rehabilitative
  249  and treatment services, including substance abuse treatment
  250  services, mental health services, developmental services,
  251  literacy services, medical services, family services, and other
  252  specialized services, as appropriate.
  253         (22) “Diligent efforts by a parent” means a course of
  254  conduct which results in a meaningful change in the behavior of
  255  a parent that reduces reduction in risk to the child in the
  256  child’s home to the extent that would allow the child may to be
  257  safely placed permanently back in the home as set forth in the
  258  case plan.
  259         (26) “District” means any one of the 15 service districts
  260  of the department established pursuant to s. 20.19.
  261         (27) “District administrator” means the chief operating
  262  officer of each service district of the department as defined in
  263  s. 20.19(5) and, where appropriate, includes any district
  264  administrator whose service district falls within the boundaries
  265  of a judicial circuit.
  266         (26)(28) “Expedited termination of parental rights” means
  267  proceedings wherein a case plan with the goal of reunification
  268  is not being offered.
  269         (27)(29) “False report” means a report of abuse, neglect,
  270  or abandonment of a child to the central abuse hotline, which
  271  report is maliciously made for the purpose of:
  272         (a) Harassing, embarrassing, or harming another person;
  273         (b) Personal financial gain for the reporting person;
  274         (c) Acquiring custody of a child; or
  275         (d) Personal benefit for the reporting person in any other
  276  private dispute involving a child.
  277  
  278  The term “false report” does not include a report of abuse,
  279  neglect, or abandonment of a child made in good faith to the
  280  central abuse hotline.
  281         (28)(30) “Family” means a collective body of persons,
  282  consisting of a child and a parent, legal custodian, or adult
  283  relative, in which:
  284         (a) The persons reside in the same house or living unit; or
  285         (b) The parent, legal custodian, or adult relative has a
  286  legal responsibility by blood, marriage, or court order to
  287  support or care for the child.
  288         (29)(31) “Foster care” means care provided a child in a
  289  foster family or boarding home, group home, agency boarding
  290  home, child care institution, or any combination thereof.
  291         (30)(32) “Harm” to a child’s health or welfare can occur
  292  when any person:
  293         (a) Inflicts or allows to be inflicted upon the child
  294  physical, mental, or emotional injury. In determining whether
  295  harm has occurred, the following factors must be considered in
  296  evaluating any physical, mental, or emotional injury to a child:
  297  the age of the child; any prior history of injuries to the
  298  child; the location of the injury on the body of the child; the
  299  multiplicity of the injury; and the type of trauma inflicted.
  300  Such injury includes, but is not limited to:
  301         1. Willful acts that produce the following specific
  302  injuries:
  303         a. Sprains, dislocations, or cartilage damage.
  304         b. Bone or skull fractures.
  305         c. Brain or spinal cord damage.
  306         d. Intracranial hemorrhage or injury to other internal
  307  organs.
  308         e. Asphyxiation, suffocation, or drowning.
  309         f. Injury resulting from the use of a deadly weapon.
  310         g. Burns or scalding.
  311         h. Cuts, lacerations, punctures, or bites.
  312         i. Permanent or temporary disfigurement.
  313         j. Permanent or temporary loss or impairment of a body part
  314  or function.
  315  
  316  As used in this subparagraph, the term “willful” refers to the
  317  intent to perform an action, not to the intent to achieve a
  318  result or to cause an injury.
  319         2. Purposely giving a child poison, alcohol, drugs, or
  320  other substances that substantially affect the child’s behavior,
  321  motor coordination, or judgment or that result in sickness or
  322  internal injury. For the purposes of this subparagraph, the term
  323  “drugs” means prescription drugs not prescribed for the child or
  324  not administered as prescribed, and controlled substances as
  325  outlined in Schedule I or Schedule II of s. 893.03.
  326         3. Leaving a child without adult supervision or arrangement
  327  appropriate for the child’s age or mental or physical condition,
  328  so that the child is unable to care for the child’s own needs or
  329  another’s basic needs or is unable to exercise good judgment in
  330  responding to any kind of physical or emotional crisis.
  331         4. Inappropriate or excessively harsh disciplinary action
  332  that is likely to result in physical injury, mental injury as
  333  defined in this section, or emotional injury. The significance
  334  of any injury must be evaluated in light of the following
  335  factors: the age of the child; any prior history of injuries to
  336  the child; the location of the injury on the body of the child;
  337  the multiplicity of the injury; and the type of trauma
  338  inflicted. Corporal discipline may be considered excessive or
  339  abusive when it results in any of the following or other similar
  340  injuries:
  341         a. Sprains, dislocations, or cartilage damage.
  342         b. Bone or skull fractures.
  343         c. Brain or spinal cord damage.
  344         d. Intracranial hemorrhage or injury to other internal
  345  organs.
  346         e. Asphyxiation, suffocation, or drowning.
  347         f. Injury resulting from the use of a deadly weapon.
  348         g. Burns or scalding.
  349         h. Cuts, lacerations, punctures, or bites.
  350         i. Permanent or temporary disfigurement.
  351         j. Permanent or temporary loss or impairment of a body part
  352  or function.
  353         k. Significant bruises or welts.
  354         (b) Commits, or allows to be committed, sexual battery, as
  355  defined in chapter 794, or lewd or lascivious acts, as defined
  356  in chapter 800, against the child.
  357         (c) Allows, encourages, or forces the sexual exploitation
  358  of a child, which includes allowing, encouraging, or forcing a
  359  child to:
  360         1. Solicit for or engage in prostitution; or
  361         2. Engage in a sexual performance, as defined by chapter
  362  827.
  363         (d) Exploits a child, or allows a child to be exploited, as
  364  provided in s. 450.151.
  365         (e) Abandons the child. Within the context of the
  366  definition of “harm,” the term “abandoned the child” or
  367  “abandonment of the child” means a situation in which the parent
  368  or legal custodian of a child or, in the absence of a parent or
  369  legal custodian, the caregiver, while being able, has made no
  370  significant contribution to the child’s care and maintenance or
  371  has failed to establish or maintain a substantial and positive
  372  relationship with the child, or both. For purposes of this
  373  paragraph, “establish or maintain a substantial and positive
  374  relationship” includes, but is not limited to, frequent and
  375  regular contact with the child through frequent and regular
  376  visitation or frequent and regular communication to or with the
  377  child, and the exercise of parental rights and responsibilities.
  378  Marginal efforts and incidental or token visits or
  379  communications are not sufficient to establish or maintain a
  380  substantial and positive relationship with a child. The term
  381  “abandoned” does not include a surrendered newborn infant as
  382  described in s. 383.50, a child in need of services as defined
  383  in chapter 984, or a family in need of services as defined in
  384  chapter 984. The incarceration, repeated incarceration, or
  385  extended incarceration of a parent, legal custodian, or
  386  caregiver responsible for a child’s welfare may support a
  387  finding of abandonment.
  388         (f) Neglects the child. Within the context of the
  389  definition of “harm,” the term “neglects the child” means that
  390  the parent or other person responsible for the child’s welfare
  391  fails to supply the child with adequate food, clothing, shelter,
  392  or health care, although financially able to do so or although
  393  offered financial or other means to do so. However, a parent or
  394  legal custodian who, by reason of the legitimate practice of
  395  religious beliefs, does not provide specified medical treatment
  396  for a child may not be considered abusive or neglectful for that
  397  reason alone, but such an exception does not:
  398         1. Eliminate the requirement that such a case be reported
  399  to the department;
  400         2. Prevent the department from investigating such a case;
  401  or
  402         3. Preclude a court from ordering, when the health of the
  403  child requires it, the provision of medical services by a
  404  physician, as defined in this section, or treatment by a duly
  405  accredited practitioner who relies solely on spiritual means for
  406  healing in accordance with the tenets and practices of a well
  407  recognized church or religious organization.
  408         (g) Exposes a child to a controlled substance or alcohol.
  409  Exposure to a controlled substance or alcohol is established by:
  410         1. A test, administered at birth, which indicated that the
  411  child’s blood, urine, or meconium contained any amount of
  412  alcohol or a controlled substance or metabolites of such
  413  substances, the presence of which was not the result of medical
  414  treatment administered to the mother or the newborn infant; or
  415         2. Evidence of extensive, abusive, and chronic use of a
  416  controlled substance or alcohol by a parent when the child is
  417  demonstrably adversely affected by such usage.
  418  
  419  As used in this paragraph, the term “controlled substance” means
  420  prescription drugs not prescribed for the parent or not
  421  administered as prescribed and controlled substances as outlined
  422  in Schedule I or Schedule II of s. 893.03.
  423         (h) Uses mechanical devices, unreasonable restraints, or
  424  extended periods of isolation to control a child.
  425         (i) Engages in violent behavior that demonstrates a wanton
  426  disregard for the presence of a child and could reasonably
  427  result in serious injury to the child.
  428         (j) Negligently fails to protect a child in his or her care
  429  from inflicted physical, mental, or sexual injury caused by the
  430  acts of another.
  431         (k) Has allowed a child’s sibling to die as a result of
  432  abuse, abandonment, or neglect.
  433         (l) Makes the child unavailable for the purpose of impeding
  434  or avoiding a protective investigation unless the court
  435  determines that the parent, legal custodian, or caregiver was
  436  fleeing from a situation involving domestic violence.
  437         (31) “Impending danger” means a situation in which family
  438  behaviors, attitudes, motives, emotions, or situations pose a
  439  threat that may not be currently active but that can be
  440  anticipated to become active and to have severe effects on a
  441  child at any time.
  442         (32)(33) “Institutional child abuse or neglect” means
  443  situations of known or suspected child abuse or neglect in which
  444  the person allegedly perpetrating the child abuse or neglect is
  445  an employee of a private school, public or private day care
  446  center, residential home, institution, facility, or agency or
  447  any other person at such institution responsible for the child’s
  448  care as defined in subsection (47).
  449         (33)(34) “Judge” means the circuit judge exercising
  450  jurisdiction pursuant to this chapter.
  451         (34)(35) “Legal custody” means a legal status created by a
  452  court which vests in a custodian of the person or guardian,
  453  whether an agency or an individual, the right to have physical
  454  custody of the child and the right and duty to protect, nurture,
  455  guide, and discipline the child and to provide him or her with
  456  food, shelter, education, and ordinary medical, dental,
  457  psychiatric, and psychological care.
  458         (35)(36) “Licensed child-caring agency” means a person,
  459  society, association, or agency licensed by the department to
  460  care for, receive, and board children.
  461         (36)(37) “Licensed child-placing agency” means a person,
  462  society, association, or institution licensed by the department
  463  to care for, receive, or board children and to place children in
  464  a licensed child-caring institution or a foster or adoptive
  465  home.
  466         (37)(38) “Licensed health care professional” means a
  467  physician licensed under chapter 458, an osteopathic physician
  468  licensed under chapter 459, a nurse licensed under part I of
  469  chapter 464, a physician assistant licensed under chapter 458 or
  470  chapter 459, or a dentist licensed under chapter 466.
  471         (38)(39) “Likely to injure oneself” means that, as
  472  evidenced by violent or other actively self-destructive
  473  behavior, it is more likely than not that within a 24-hour
  474  period the child will attempt to commit suicide or inflict
  475  serious bodily harm on himself or herself.
  476         (39)(40) “Likely to injure others” means that it is more
  477  likely than not that within a 24-hour period the child will
  478  inflict serious and unjustified bodily harm on another person.
  479         (40)(41) “Mediation” means a process whereby a neutral
  480  third person called a mediator acts to encourage and facilitate
  481  the resolution of a dispute between two or more parties. It is
  482  an informal and nonadversarial process with the objective of
  483  helping the disputing parties reach a mutually acceptable and
  484  voluntary agreement. The role of the mediator includes, but is
  485  not limited to, assisting the parties in identifying issues,
  486  fostering joint problem solving, and exploring settlement
  487  alternatives.
  488         (41) “Medical neglect” means the failure to provide or the
  489  failure to allow needed care as recommended by a health care
  490  practitioner for a physical injury, illness, medical condition,
  491  or impairment, or the failure to seek timely and appropriate
  492  medical care for a serious health problem that a reasonable
  493  person would have recognized as requiring professional medical
  494  attention. Medical neglect does not occur if the parent or legal
  495  guardian of the child has made reasonable attempts to obtain
  496  necessary health care services or the immediate health condition
  497  giving rise to the allegation of neglect is a known and expected
  498  complication of the child’s diagnosis or treatment and:
  499         (a) The recommended care offers limited net benefit to the
  500  child and the morbidity or other side effects of the treatment
  501  may be considered to be greater than the anticipated benefit; or
  502         (b) The parent or legal guardian received conflicting
  503  medical recommendations for treatment from multiple
  504  practitioners and did not follow all recommendations.
  505         (59) “Present danger” means a significant and clearly
  506  observable family condition that is occurring at the current
  507  moment and is already endangering or threatening to endanger the
  508  child. Present danger threats are conspicuous and require that
  509  an immediate protective action be taken to ensure the child’s
  510  safety.
  511         (60)(59) “Preventive services” means social services and
  512  other supportive and rehabilitative services provided to the
  513  parent or legal custodian of the child and to the child for the
  514  purpose of averting the removal of the child from the home or
  515  disruption of a family which will or could result in the
  516  placement of a child in foster care. Social services and other
  517  supportive and rehabilitative services shall promote the child’s
  518  developmental needs and need for physical, mental, and emotional
  519  health and a safe, stable, living environment;, shall promote
  520  family autonomy;, and shall strengthen family life, whenever
  521  possible.
  522         (66)(65) “Reunification services” means social services and
  523  other supportive and rehabilitative services provided to the
  524  parent of the child, to the child, and, where appropriate, to
  525  the relative placement, nonrelative placement, or foster parents
  526  of the child, for the purpose of enabling a child who has been
  527  placed in out-of-home care to safely return to his or her parent
  528  at the earliest possible time. The health and safety of the
  529  child shall be the paramount goal of social services and other
  530  supportive and rehabilitative services. The services shall
  531  promote the child’s need for physical, developmental, mental,
  532  and emotional health and a safe, stable, living environment;,
  533  shall promote family autonomy;, and shall strengthen family
  534  life, whenever possible.
  535         (67) “Safety plan” means a plan created to control present
  536  or impending danger using the least intrusive means appropriate
  537  to protect a child when a parent, caregiver, or legal custodian
  538  is unavailable, unwilling, or unable to do so.
  539         (71) “Sibling” means:
  540         (a) A child who shares a birth parent or legal parent with
  541  one or more other children; or
  542         (b) A child who has lived together in a family with one or
  543  more other children whom he or she identifies as siblings.
  544         Section 4. Subsection (12) is added to section 39.013,
  545  Florida Statutes, to read:
  546         39.013 Procedures and jurisdiction; right to counsel.—
  547         (12) The department shall be represented by counsel in each
  548  dependency proceeding. Through its attorneys, the department
  549  shall make recommendations to the court on issues before the
  550  court and may support its recommendations through testimony and
  551  other evidence by its own employees, employees of sheriff’s
  552  offices providing child protection services, employees of its
  553  contractors, employees of its contractor’s subcontractors, or
  554  from any other relevant source.
  555         Section 5. Paragraph (c) of subsection (2) of section
  556  39.201, Florida Statutes, is amended to read:
  557         39.201 Mandatory reports of child abuse, abandonment, or
  558  neglect; mandatory reports of death; central abuse hotline.—
  559         (2)
  560         (c) Reports involving a known or suspected juvenile sexual
  561  abuse offender or a child who has exhibited inappropriate sexual
  562  behavior shall be made and received by the department. An
  563  alleged incident of juvenile sexual abuse involving a child who
  564  is in the custody of or protective supervision of the department
  565  shall be reported to the department’s central abuse hotline.
  566         1. The department shall determine the age of the alleged
  567  offender, if known.
  568         2. If the alleged offender is 12 years of age or younger,
  569  The central abuse hotline shall immediately electronically
  570  transfer the report or call to the county sheriff’s office. The
  571  department shall conduct an assessment and assist the family in
  572  receiving appropriate services pursuant to s. 39.307, and send a
  573  written report of the allegation to the appropriate county
  574  sheriff’s office within 48 hours after the initial report is
  575  made to the central abuse hotline.
  576         2. The department shall ensure that the facts and results
  577  of any investigation of child sexual abuse involving a child in
  578  the custody of or under the protective supervision of the
  579  department are made known to the court at the next hearing or
  580  included in the next report to the court concerning the child.
  581         3. If the alleged offender is 13 years of age or older, the
  582  central abuse hotline shall immediately electronically transfer
  583  the report or call to the appropriate county sheriff’s office
  584  and send a written report to the appropriate county sheriff’s
  585  office within 48 hours after the initial report to the central
  586  abuse hotline.
  587         Section 6. Effective January 1, 2015, section 39.2015,
  588  Florida Statutes, is created to read:
  589         39.2015 Critical incident rapid response team.—
  590         (1) As part of the department’s quality assurance program,
  591  the department shall provide an immediate multiagency
  592  investigation of certain child deaths or other serious
  593  incidents. The purpose of such investigation is to identify root
  594  causes and rapidly determine the need to change policies and
  595  practices related to child protection and child welfare.
  596         (2) An immediate onsite investigation conducted by a
  597  critical incident rapid response team is required for all child
  598  deaths reported to the department if the child or another child
  599  in his or her family was the subject of a verified report of
  600  suspected abuse or neglect during the previous 12 months. The
  601  secretary may direct an immediate investigation for other cases
  602  involving serious injury to a child.
  603         (3) Each investigation shall be conducted by a multiagency
  604  team of at least five professionals with expertise in child
  605  protection, child welfare, and organizational management. The
  606  team may consist of employees of the department, community-based
  607  care lead agencies, Children’s Medical Services, and community
  608  based care provider organizations; faculty from the institute
  609  consisting of public and private universities offering degrees
  610  in social work established pursuant to s. 1004.615; or any other
  611  person with the required expertise. The majority of the team
  612  must reside in judicial circuits outside the location of the
  613  incident. The secretary shall appoint a team leader for each
  614  group assigned to an investigation.
  615         (4) An investigation shall be initiated as soon as
  616  possible, but not later than 2 business days after the case is
  617  reported to the department. A preliminary report on each case
  618  shall be provided to the secretary no later than 30 days after
  619  the investigation begins.
  620         (5) Each member of the team is authorized to access all
  621  information in the case file.
  622         (6) All employees of the department or other state agencies
  623  and all personnel from community-based care lead agencies and
  624  community-based care lead agency subcontractors must cooperate
  625  with the investigation by participating in interviews and timely
  626  responding to any requests for information. The members of the
  627  team may only access the records and information of contracted
  628  provider organizations which are available to the department by
  629  law.
  630         (7) The secretary shall develop cooperative agreements with
  631  other entities and organizations as necessary to facilitate the
  632  work of the team.
  633         (8) The members of the team may be reimbursed by the
  634  department for per diem, mileage, and other reasonable expenses
  635  as provided in s. 112.061. The department may also reimburse the
  636  team member’s employer for the associated salary and benefits
  637  during the time the team member is fulfilling the duties
  638  required under this section.
  639         (9) Upon completion of the investigation, the department
  640  shall make the team’s final report, excluding any confidential
  641  information, available on its website.
  642         (10) The secretary, in conjunction with the institute
  643  established pursuant to s. 1004.615, shall develop guidelines
  644  for investigations conducted by critical incident rapid response
  645  teams and provide training to team members. Such guidelines must
  646  direct the teams in the conduct of a root-cause analysis that
  647  identifies, classifies, and attributes responsibility for both
  648  direct and latent causes for the death or other incident,
  649  including organizational factors, preconditions, and specific
  650  acts or omissions resulting from either error or a violation of
  651  procedures.
  652         (11) The secretary shall appoint an advisory committee made
  653  up of experts in child protection and child welfare, including
  654  the Statewide Medical Director for Child Protection under the
  655  Department of Health, to conduct an independent review of
  656  investigative reports from the critical incident rapid response
  657  teams and make recommendations to improve policies and practices
  658  related to child protection and child welfare services. By
  659  October 1 of each year, the advisory committee shall submit a
  660  report to the secretary that includes findings and
  661  recommendations. The secretary shall submit the report to the
  662  Governor, the President of the Senate, and the Speaker of the
  663  House of Representatives.
  664         Section 7. Section 39.2022, Florida Statutes, is created to
  665  read:
  666         39.2022 Public disclosure of reported child deaths.—
  667         (1) It is the intent of the Legislature to provide prompt
  668  disclosure of the basic facts of all deaths of children from
  669  birth through 18 years of age which occur in this state and
  670  which are reported to the department’s central abuse hotline.
  671  Disclosure shall be posted on the department’s public website.
  672  This section does not limit the public access to records under
  673  any other provision of law.
  674         (2) Notwithstanding s. 39.202, if a child death is reported
  675  to the central abuse hotline, the department shall post on its
  676  website all of the following:
  677         (a) The date of the child’s death.
  678         (b) Any allegations of the cause of death or the
  679  preliminary cause of death, and the verified cause of death, if
  680  known.
  681         (c) The county where the child resided.
  682         (d) The name of the community-based care lead agency, case
  683  management agency, or out-of-home licensing agency involved with
  684  the child, family, or licensed caregiver, if applicable.
  685         (e)Whether the child has been the subject of any prior
  686  verified reports to the department’s central abuse hotline.
  687         Section 8. Subsections (9) and (14) of section 39.301,
  688  Florida Statutes, are amended to read:
  689         39.301 Initiation of protective investigations.—
  690         (9)(a) For each report received from the central abuse
  691  hotline and accepted for investigation, the department or the
  692  sheriff providing child protective investigative services under
  693  s. 39.3065, shall perform the following child protective
  694  investigation activities to determine child safety:
  695         1. Conduct a review of all relevant, available information
  696  specific to the child and family and alleged maltreatment;
  697  family child welfare history; local, state, and federal criminal
  698  records checks; and requests for law enforcement assistance
  699  provided by the abuse hotline. Based on a review of available
  700  information, including the allegations in the current report, a
  701  determination shall be made as to whether immediate consultation
  702  should occur with law enforcement, the child protection team, a
  703  domestic violence shelter or advocate, or a substance abuse or
  704  mental health professional. Such consultations should include
  705  discussion as to whether a joint response is necessary and
  706  feasible. A determination shall be made as to whether the person
  707  making the report should be contacted before the face-to-face
  708  interviews with the child and family members.
  709         2. Conduct face-to-face interviews with the child; other
  710  siblings, if any; and the parents, legal custodians, or
  711  caregivers.
  712         3. Assess the child’s residence, including a determination
  713  of the composition of the family and household, including the
  714  name, address, date of birth, social security number, sex, and
  715  race of each child named in the report; any siblings or other
  716  children in the same household or in the care of the same
  717  adults; the parents, legal custodians, or caregivers; and any
  718  other adults in the same household.
  719         4. Determine whether there is any indication that any child
  720  in the family or household has been abused, abandoned, or
  721  neglected; the nature and extent of present or prior injuries,
  722  abuse, or neglect, and any evidence thereof; and a determination
  723  as to the person or persons apparently responsible for the
  724  abuse, abandonment, or neglect, including the name, address,
  725  date of birth, social security number, sex, and race of each
  726  such person.
  727         5. Complete assessment of immediate child safety for each
  728  child based on available records, interviews, and observations
  729  with all persons named in subparagraph 2. and appropriate
  730  collateral contacts, which may include other professionals. The
  731  department’s child protection investigators are hereby
  732  designated a criminal justice agency for the purpose of
  733  accessing criminal justice information to be used for enforcing
  734  this state’s laws concerning the crimes of child abuse,
  735  abandonment, and neglect. This information shall be used solely
  736  for purposes supporting the detection, apprehension,
  737  prosecution, pretrial release, posttrial release, or
  738  rehabilitation of criminal offenders or persons accused of the
  739  crimes of child abuse, abandonment, or neglect and may not be
  740  further disseminated or used for any other purpose.
  741         6. Document the present and impending dangers to each child
  742  based on the identification of inadequate protective capacity
  743  through utilization of a standardized safety assessment
  744  instrument. If present or impending danger is identified, the
  745  child protective investigator must implement a safety plan or
  746  take the child into custody. If present danger is identified and
  747  the child is not removed, the child protective investigator
  748  shall create and implement a safety plan before leaving the home
  749  or the location where there is present danger. If impending
  750  danger is identified, the child protective investigator shall
  751  create and implement a safety plan as soon as necessary to
  752  protect the safety of the child. The child protective
  753  investigator may modify the safety plan if he or she identifies
  754  additional impending danger.
  755         a. If the child protective investigator implements a safety
  756  plan, the plan must be specific, sufficient, feasible, and
  757  sustainable in response to the realities of the present or
  758  impending danger. A safety plan may be an in-home plan or an
  759  out-of-home plan, or a combination of both. A safety plan may
  760  not rely solely on promissory commitments by the parent,
  761  caregiver, or legal custodian who is currently not able to
  762  protect the child or on services that are not available or will
  763  not result in the safety of the child. A safety plan may not be
  764  implemented if for any reason the parents, guardian, or legal
  765  custodian lacks the capacity or ability to comply with the plan.
  766  If the department is not able to develop a plan that is
  767  specific, sufficient, feasible, and sustainable, the department
  768  shall file a shelter petition. A child protective investigator
  769  shall implement separate safety plans for the perpetrator of
  770  domestic violence and the parent who is a victim of domestic
  771  violence as defined in s. 741.28. If the perpetrator of domestic
  772  violence is not the parent, guardian, or legal custodian of the
  773  child, the child protective investigator shall seek issuance of
  774  an injunction authorized by s. 39.504 to implement a safety plan
  775  for the perpetrator and impose any other conditions to protect
  776  the child. The safety plan for the parent who is a victim of
  777  domestic violence may not be shared with the perpetrator. If any
  778  party to a safety plan fails to comply with the safety plan
  779  resulting in the child being unsafe, the department shall file a
  780  shelter petition.
  781         b. The child protective investigator shall collaborate with
  782  the community-based care lead agency in the development of the
  783  safety plan as necessary to ensure that the safety plan is
  784  specific, sufficient, feasible, and sustainable. The child
  785  protective investigator shall identify services necessary for
  786  the successful implementation of the safety plan. The child
  787  protective investigator and the community-based care lead agency
  788  shall mobilize service resources to assist all parties in
  789  complying with the safety plan. The community-based care lead
  790  agency shall prioritize safety plan services to families who
  791  have multiple risk factors, including, but not limited to, two
  792  or more of the following:
  793         (I) The parent or legal custodian is of young age;
  794         (II) The parent or legal custodian, or an adult currently
  795  living in or frequently visiting the home, has a history of
  796  substance abuse, mental illness, or domestic violence;
  797         (III) The parent or legal custodian, or an adult currently
  798  living in or frequently visiting the home, has been previously
  799  found to have physically or sexually abused a child;
  800         (IV) The parent or legal custodian or an adult currently
  801  living in or frequently visiting the home has been the subject
  802  of multiple allegations by reputable reports of abuse or
  803  neglect;
  804         (V) The child is physically or developmentally disabled; or
  805         (VI) The child is 3 years of age or younger.
  806         c. The child protective investigator shall monitor the
  807  implementation of the plan to ensure the child’s safety until
  808  the case is transferred to the lead agency at which time the
  809  lead agency shall monitor the implementation.
  810         (b) Upon completion of the immediate safety assessment, the
  811  department shall determine the additional activities necessary
  812  to assess impending dangers, if any, and close the
  813  investigation.
  814         (b)(c) For each report received from the central abuse
  815  hotline, the department or the sheriff providing child
  816  protective investigative services under s. 39.3065, shall
  817  determine the protective, treatment, and ameliorative services
  818  necessary to safeguard and ensure the child’s safety and well
  819  being and development, and cause the delivery of those services
  820  through the early intervention of the department or its agent.
  821  As applicable, child protective investigators must inform
  822  parents and caregivers how and when to use the injunction
  823  process under s. 741.30 to remove a perpetrator of domestic
  824  violence from the home as an intervention to protect the child.
  825         1. If the department or the sheriff providing child
  826  protective investigative services determines that the interests
  827  of the child and the public will be best served by providing the
  828  child care or other treatment voluntarily accepted by the child
  829  and the parents or legal custodians, the parent or legal
  830  custodian and child may be referred for such care, case
  831  management, or other community resources.
  832         2. If the department or the sheriff providing child
  833  protective investigative services determines that the child is
  834  in need of protection and supervision, the department may file a
  835  petition for dependency.
  836         3. If a petition for dependency is not being filed by the
  837  department, the person or agency originating the report shall be
  838  advised of the right to file a petition pursuant to this part.
  839         4. At the close of an investigation, the department or the
  840  sheriff providing child protective services shall provide to the
  841  person who is alleged to have caused the abuse, neglect, or
  842  abandonment and the parent or legal custodian a summary of
  843  findings from the investigation and provide information about
  844  their right to access confidential reports in accordance with s.
  845  39.202.
  846         (14)(a) If the department or its agent determines that a
  847  child requires immediate or long-term protection through:
  848         1. medical or other health care; or
  849         2. homemaker care, day care, protective supervision, or
  850  other services to stabilize the home environment, including
  851  intensive family preservation services through the Intensive
  852  Crisis Counseling Program, such services shall first be offered
  853  for voluntary acceptance unless:
  854         1. There are high-risk factors that may impact the ability
  855  of the parents or legal custodians to exercise judgment. Such
  856  factors may include the parents’ or legal custodians’ young age
  857  or history of substance abuse, mental illness, or domestic
  858  violence; or
  859         2. There is a high likelihood of lack of compliance with
  860  voluntary services, and such noncompliance would result in the
  861  child being unsafe.
  862         (b) The parents or legal custodians shall be informed of
  863  the right to refuse services, as well as the responsibility of
  864  the department to protect the child regardless of the acceptance
  865  or refusal of services. If the services are refused, a
  866  collateral contact shall include a relative, if the protective
  867  investigator has knowledge of and the ability to contact a
  868  relative. If the services are refused and the department deems
  869  that the child’s need for protection so requires services, the
  870  department shall take the child into protective custody or
  871  petition the court as provided in this chapter. At any time
  872  after the commencement of a protective investigation, a relative
  873  may submit in writing to the protective investigator or case
  874  manager a request to receive notification of all proceedings and
  875  hearings in accordance with s. 39.502. The request shall include
  876  the relative’s name, address, and phone number and the
  877  relative’s relationship to the child. The protective
  878  investigator or case manager shall forward such request to the
  879  attorney for the department. The failure to provide notice to
  880  either a relative who requests it pursuant to this subsection or
  881  to a relative who is providing out-of-home care for a child may
  882  not result in any previous action of the court at any stage or
  883  proceeding in dependency or termination of parental rights under
  884  any part of this chapter being set aside, reversed, modified, or
  885  in any way changed absent a finding by the court that a change
  886  is required in the child’s best interests.
  887         (c) The department, in consultation with the judiciary,
  888  shall adopt by rule:
  889         1. Criteria that are factors requiring that the department
  890  take the child into custody, petition the court as provided in
  891  this chapter, or, if the child is not taken into custody or a
  892  petition is not filed with the court, conduct an administrative
  893  review. Such factors must include, but are not limited to,
  894  noncompliance with a safety plan or the case plan developed by
  895  the department, and the family under this chapter, and prior
  896  abuse reports with findings that involve the child, the child’s
  897  sibling, or the child’s caregiver.
  898         2. Requirements that if after an administrative review the
  899  department determines not to take the child into custody or
  900  petition the court, the department shall document the reason for
  901  its decision in writing and include it in the investigative
  902  file. For all cases that were accepted by the local law
  903  enforcement agency for criminal investigation pursuant to
  904  subsection (2), the department must include in the file written
  905  documentation that the administrative review included input from
  906  law enforcement. In addition, for all cases that must be
  907  referred to child protection teams pursuant to s. 39.303(2) and
  908  (3), the file must include written documentation that the
  909  administrative review included the results of the team’s
  910  evaluation. Factors that must be included in the development of
  911  the rule include noncompliance with the case plan developed by
  912  the department, or its agent, and the family under this chapter
  913  and prior abuse reports with findings that involve the child or
  914  caregiver.
  915         Section 9. Section 39.303, Florida Statutes, is amended to
  916  read:
  917         39.303 Child protection teams; services; eligible cases.
  918  The Children’s Medical Services Program in the Department of
  919  Health shall develop, maintain, and coordinate the services of
  920  one or more multidisciplinary child protection teams in each of
  921  the service districts of the Department of Children and Families
  922  Family Services. Such teams may be composed of appropriate
  923  representatives of school districts and appropriate health,
  924  mental health, social service, legal service, and law
  925  enforcement agencies. The Legislature finds that optimal
  926  coordination of child protection teams and sexual abuse
  927  treatment programs requires collaboration between The Department
  928  of Health and the Department of Children and Families Family
  929  Services. The two departments shall maintain an interagency
  930  agreement that establishes protocols for oversight and
  931  operations of child protection teams and sexual abuse treatment
  932  programs. The State Surgeon General and the Deputy Secretary for
  933  Children’s Medical Services, in consultation with the Secretary
  934  of Children and Families Family Services, shall maintain the
  935  responsibility for the screening, employment, and, if necessary,
  936  the termination of child protection team medical directors, at
  937  headquarters and in the 15 districts. Child protection team
  938  medical directors shall be responsible for oversight of the
  939  teams in the districts.
  940         (1) The Department of Health shall use utilize and convene
  941  the teams to supplement the assessment and protective
  942  supervision activities of the family safety and preservation
  943  program of the Department of Children and Families Family
  944  Services. Nothing in This section does not shall be construed to
  945  remove or reduce the duty and responsibility of any person to
  946  report pursuant to this chapter all suspected or actual cases of
  947  child abuse, abandonment, or neglect or sexual abuse of a child.
  948  The role of the teams shall be to support activities of the
  949  program and to provide services deemed by the teams to be
  950  necessary and appropriate to abused, abandoned, and neglected
  951  children upon referral. The specialized diagnostic assessment,
  952  evaluation, coordination, consultation, and other supportive
  953  services that a child protection team shall be capable of
  954  providing include, but are not limited to, the following:
  955         (a) Medical diagnosis and evaluation services, including
  956  provision or interpretation of X rays and laboratory tests, and
  957  related services, as needed, and documentation of related
  958  findings relative thereto.
  959         (b) Telephone consultation services in emergencies and in
  960  other situations.
  961         (c) Medical evaluation related to abuse, abandonment, or
  962  neglect, as defined by policy or rule of the Department of
  963  Health.
  964         (d) Such psychological and psychiatric diagnosis and
  965  evaluation services for the child or the child’s parent or
  966  parents, legal custodian or custodians, or other caregivers, or
  967  any other individual involved in a child abuse, abandonment, or
  968  neglect case, as the team may determine to be needed.
  969         (e) Expert medical, psychological, and related professional
  970  testimony in court cases.
  971         (f) Case staffings to develop treatment plans for children
  972  whose cases have been referred to the team. A child protection
  973  team may provide consultation with respect to a child who is
  974  alleged or is shown to be abused, abandoned, or neglected, which
  975  consultation shall be provided at the request of a
  976  representative of the family safety and preservation program or
  977  at the request of any other professional involved with a child
  978  or the child’s parent or parents, legal custodian or custodians,
  979  or other caregivers. In every such child protection team case
  980  staffing, consultation, or staff activity involving a child, a
  981  family safety and preservation program representative shall
  982  attend and participate.
  983         (g) Case service coordination and assistance, including the
  984  location of services available from other public and private
  985  agencies in the community.
  986         (h) Such training services for program and other employees
  987  of the Department of Children and Families Family Services,
  988  employees of the Department of Health, and other medical
  989  professionals as is deemed appropriate to enable them to develop
  990  and maintain their professional skills and abilities in handling
  991  child abuse, abandonment, and neglect cases.
  992         (i) Educational and community awareness campaigns on child
  993  abuse, abandonment, and neglect in an effort to enable citizens
  994  more successfully to prevent, identify, and treat child abuse,
  995  abandonment, and neglect in the community.
  996         (j) Child protection team assessments that include, as
  997  appropriate, medical evaluations, medical consultations, family
  998  psychosocial interviews, specialized clinical interviews, or
  999  forensic interviews.
 1000  
 1001  All medical personnel participating on a child protection team
 1002  must successfully complete the required child protection team
 1003  training curriculum as set forth in protocols determined by the
 1004  Deputy Secretary for Children’s Medical Services and the
 1005  Statewide Medical Director for Child Protection. A child
 1006  protection team that is evaluating a report of medical neglect
 1007  and assessing the health care needs of a medically complex child
 1008  shall consult with a physician who has experience in treating
 1009  children with the same condition.
 1010         (2) The child abuse, abandonment, and neglect reports that
 1011  must be referred by the department to child protection teams of
 1012  the Department of Health for an assessment and other appropriate
 1013  available support services as set forth in subsection (1) must
 1014  include cases involving:
 1015         (a) Injuries to the head, bruises to the neck or head,
 1016  burns, or fractures in a child of any age.
 1017         (b) Bruises anywhere on a child 5 years of age or under.
 1018         (c) Any report alleging sexual abuse of a child.
 1019         (d) Any sexually transmitted disease in a prepubescent
 1020  child.
 1021         (e) Reported malnutrition of a child and failure of a child
 1022  to thrive.
 1023         (f) Reported medical neglect of a child.
 1024         (g) Any family in which one or more children have been
 1025  pronounced dead on arrival at a hospital or other health care
 1026  facility, or have been injured and later died, as a result of
 1027  suspected abuse, abandonment, or neglect, when any sibling or
 1028  other child remains in the home.
 1029         (h) Symptoms of serious emotional problems in a child when
 1030  emotional or other abuse, abandonment, or neglect is suspected.
 1031         (3) All abuse and neglect cases transmitted for
 1032  investigation to a district by the hotline must be
 1033  simultaneously transmitted to the Department of Health child
 1034  protection team for review. For the purpose of determining
 1035  whether face-to-face medical evaluation by a child protection
 1036  team is necessary, all cases transmitted to the child protection
 1037  team which meet the criteria in subsection (2) must be timely
 1038  reviewed by:
 1039         (a) A physician licensed under chapter 458 or chapter 459
 1040  who holds board certification in pediatrics and is a member of a
 1041  child protection team;
 1042         (b) A physician licensed under chapter 458 or chapter 459
 1043  who holds board certification in a specialty other than
 1044  pediatrics, who may complete the review only when working under
 1045  the direction of a physician licensed under chapter 458 or
 1046  chapter 459 who holds board certification in pediatrics and is a
 1047  member of a child protection team;
 1048         (c) An advanced registered nurse practitioner licensed
 1049  under chapter 464 who has a specialty speciality in pediatrics
 1050  or family medicine and is a member of a child protection team;
 1051         (d) A physician assistant licensed under chapter 458 or
 1052  chapter 459, who may complete the review only when working under
 1053  the supervision of a physician licensed under chapter 458 or
 1054  chapter 459 who holds board certification in pediatrics and is a
 1055  member of a child protection team; or
 1056         (e) A registered nurse licensed under chapter 464, who may
 1057  complete the review only when working under the direct
 1058  supervision of a physician licensed under chapter 458 or chapter
 1059  459 who holds certification in pediatrics and is a member of a
 1060  child protection team.
 1061         (4) A face-to-face medical evaluation by a child protection
 1062  team is not necessary when:
 1063         (a) The child was examined for the alleged abuse or neglect
 1064  by a physician who is not a member of the child protection team,
 1065  and a consultation between the child protection team board
 1066  certified pediatrician, advanced registered nurse practitioner,
 1067  physician assistant working under the supervision of a child
 1068  protection team board-certified pediatrician, or registered
 1069  nurse working under the direct supervision of a child protection
 1070  team board-certified pediatrician, and the examining physician
 1071  concludes that a further medical evaluation is unnecessary;
 1072         (b) The child protective investigator, with supervisory
 1073  approval, has determined, after conducting a child safety
 1074  assessment, that there are no indications of injuries as
 1075  described in paragraphs (2)(a)-(h) as reported; or
 1076         (c) The child protection team board-certified pediatrician,
 1077  as authorized in subsection (3), determines that a medical
 1078  evaluation is not required.
 1079  
 1080  Notwithstanding paragraphs (a), (b), and (c), a child protection
 1081  team pediatrician, as authorized in subsection (3), may
 1082  determine that a face-to-face medical evaluation is necessary.
 1083         (5) In all instances in which a child protection team is
 1084  providing certain services to abused, abandoned, or neglected
 1085  children, other offices and units of the Department of Health,
 1086  and offices and units of the Department of Children and Families
 1087  Family Services, shall avoid duplicating the provision of those
 1088  services.
 1089         (6) The Department of Health child protection team quality
 1090  assurance program and the Family Safety Program Office of the
 1091  Department of Children and Families Family Services’ Family
 1092  Safety Program Office quality assurance program shall
 1093  collaborate to ensure referrals and responses to child abuse,
 1094  abandonment, and neglect reports are appropriate. Each quality
 1095  assurance program shall include a review of records in which
 1096  there are no findings of abuse, abandonment, or neglect, and the
 1097  findings of these reviews shall be included in each department’s
 1098  quality assurance reports.
 1099         Section 10. Section 39.3068, Florida Statutes, is created
 1100  to read:
 1101         39.3068 Reports of medical neglect.—
 1102         (1) Upon receiving a report alleging medical neglect, the
 1103  department or sheriff’s office shall assign the case to a child
 1104  protective investigator who has specialized training in
 1105  addressing medical neglect or working with medically complex
 1106  children, if such investigator is available. If a child
 1107  protective investigator with specialized training is not
 1108  available, the child protective investigator shall consult with
 1109  department staff with such expertise.
 1110         (2) The child protective investigator who has interacted
 1111  with the child and the child’s family shall promptly contact and
 1112  provide information to the child protection team. The child
 1113  protection team shall assist the child protective investigator
 1114  in identifying immediate responses to address the medical needs
 1115  of the child with the priority of maintaining the child in the
 1116  home if the parents will be able to meet the needs of the child
 1117  with additional services. The child protective investigator and
 1118  the child protection team must use a family-centered approach to
 1119  assess the capacity of the family to meet those needs. A family
 1120  centered approach is intended to increase independence on the
 1121  part of the family, accessibility to programs and services
 1122  within the community, and collaboration between families and
 1123  their service providers. The ethnic, cultural, economic, racial,
 1124  social, and religious diversity of families must be respected
 1125  and considered in the development and provision of services.
 1126         (3) The child shall be evaluated by the child protection
 1127  team as soon as practicable. After receipt of the report from
 1128  the child protection team, the department shall convene a case
 1129  staffing which shall be attended, at a minimum, by the child
 1130  protective investigator; department legal staff; and
 1131  representatives from the child protection team that evaluated
 1132  the child, Children’s Medical Services, the Agency for Health
 1133  Care Administration, the community-based care lead agency, and
 1134  any providers of services to the child. However, the Agency for
 1135  Health Care Administration is not required to attend the
 1136  staffing if the child is not Medicaid-eligible. The staffing
 1137  shall consider, at a minimum, available services, given the
 1138  family’s eligibility for services; services that are effective
 1139  in addressing conditions leading to medical neglect allegations;
 1140  and services that would enable the child to safely remain at
 1141  home. Any services that are available and effective, shall be
 1142  provided.
 1143         Section 11. Section 39.307, Florida Statutes, is amended to
 1144  read:
 1145         39.307 Reports of child-on-child sexual abuse.—
 1146         (1) Upon receiving a report alleging juvenile sexual abuse
 1147  or inappropriate sexual behavior as defined in s. 39.01(7), the
 1148  department shall assist the family, child, and caregiver in
 1149  receiving appropriate services to address the allegations of the
 1150  report.
 1151         (a) The department shall ensure that information describing
 1152  the child’s history of child sexual abuse is included in the
 1153  child’s electronic record. This record must also include
 1154  information describing the services the child has received as a
 1155  result of his or her involvement with child sexual abuse.
 1156         (b) Placement decisions for a child who has been involved
 1157  with child sexual abuse must include consideration of the needs
 1158  of the child and any other children in the placement.
 1159         (c) The department shall monitor the occurrence of child
 1160  sexual abuse and the provision of services to children involved
 1161  in child sexual abuse, juvenile sexual abuse, or who have
 1162  displayed inappropriate sexual behavior.
 1163         (2) The department, contracted sheriff’s office providing
 1164  protective investigation services, or contracted case management
 1165  personnel responsible for providing services, at a minimum,
 1166  shall adhere to the following procedures:
 1167         (a) The purpose of the response to a report alleging
 1168  juvenile sexual abuse behavior or inappropriate sexual behavior
 1169  shall be explained to the caregiver.
 1170         1. The purpose of the response shall be explained in a
 1171  manner consistent with legislative purpose and intent provided
 1172  in this chapter.
 1173         2. The name and office telephone number of the person
 1174  responding shall be provided to the caregiver of the alleged
 1175  abuser juvenile sexual offender or child who has exhibited
 1176  inappropriate sexual behavior and the victim’s caregiver.
 1177         3. The possible consequences of the department’s response,
 1178  including outcomes and services, shall be explained to the
 1179  caregiver of the alleged abuser juvenile sexual offender or
 1180  child who has exhibited inappropriate sexual behavior and the
 1181  victim’s caregiver.
 1182         (b) The caregiver of the alleged abuser juvenile sexual
 1183  offender or child who has exhibited inappropriate sexual
 1184  behavior and the victim’s caregiver shall be involved to the
 1185  fullest extent possible in determining the nature of the sexual
 1186  behavior concerns and the nature of any problem or risk to other
 1187  children.
 1188         (c) The assessment of risk and the perceived treatment
 1189  needs of the alleged abuser juvenile sexual offender or child
 1190  who has exhibited inappropriate sexual behavior, the victim, and
 1191  respective caregivers shall be conducted by the district staff,
 1192  the child protection team of the Department of Health, and other
 1193  providers under contract with the department to provide services
 1194  to the caregiver of the alleged offender, the victim, and the
 1195  victim’s caregiver.
 1196         (d) The assessment shall be conducted in a manner that is
 1197  sensitive to the social, economic, and cultural environment of
 1198  the family.
 1199         (e) If necessary, the child protection team of the
 1200  Department of Health shall conduct a physical examination of the
 1201  victim, which is sufficient to meet forensic requirements.
 1202         (f) Based on the information obtained from the alleged
 1203  abuser juvenile sexual offender or child who has exhibited
 1204  inappropriate sexual behavior, his or her caregiver, the victim,
 1205  and the victim’s caregiver, an assessment of service and
 1206  treatment needs must be completed and, if needed, a case plan
 1207  developed within 30 days.
 1208         (g) The department shall classify the outcome of the report
 1209  as follows:
 1210         1. Report closed. Services were not offered because the
 1211  department determined that there was no basis for intervention.
 1212         2. Services accepted by alleged abuser juvenile sexual
 1213  offender. Services were offered to the alleged abuser juvenile
 1214  sexual offender or child who has exhibited inappropriate sexual
 1215  behavior and accepted by the caregiver.
 1216         3. Report closed. Services were offered to the alleged
 1217  abuser juvenile sexual offender or child who has exhibited
 1218  inappropriate sexual behavior, but were rejected by the
 1219  caregiver.
 1220         4. Notification to law enforcement. The risk to the
 1221  victim’s safety and well-being cannot be reduced by the
 1222  provision of services or the caregiver rejected services, and
 1223  notification of the alleged delinquent act or violation of law
 1224  to the appropriate law enforcement agency was initiated.
 1225         5. Services accepted by victim. Services were offered to
 1226  the victim and accepted by the caregiver.
 1227         6. Report closed. Services were offered to the victim but
 1228  were rejected by the caregiver.
 1229         (3) If services have been accepted by the alleged abuser
 1230  juvenile sexual offender or child who has exhibited
 1231  inappropriate sexual behavior, the victim, and respective
 1232  caregivers, the department shall designate a case manager and
 1233  develop a specific case plan.
 1234         (a) Upon receipt of the plan, the caregiver shall indicate
 1235  its acceptance of the plan in writing.
 1236         (b) The case manager shall periodically review the progress
 1237  toward achieving the objectives of the plan in order to:
 1238         1. Make adjustments to the plan or take additional action
 1239  as provided in this part; or
 1240         2. Terminate the case if indicated by successful or
 1241  substantial achievement of the objectives of the plan.
 1242         (4) Services provided to the alleged abuser juvenile sexual
 1243  offender or child who has exhibited inappropriate sexual
 1244  behavior, the victim, and respective caregivers or family must
 1245  be voluntary and of necessary duration.
 1246         (5) If the family or caregiver of the alleged abuser
 1247  juvenile sexual offender or child who has exhibited
 1248  inappropriate sexual behavior fails to adequately participate or
 1249  allow for the adequate participation of the child in the
 1250  services or treatment delineated in the case plan, the case
 1251  manager may recommend that the department:
 1252         (a) Close the case;
 1253         (b) Refer the case to mediation or arbitration, if
 1254  available; or
 1255         (c) Notify the appropriate law enforcement agency of
 1256  failure to comply.
 1257         (6) At any time, as a result of additional information,
 1258  findings of facts, or changing conditions, the department may
 1259  pursue a child protective investigation as provided in this
 1260  chapter.
 1261         (7) The department may adopt is authorized to develop rules
 1262  and other policy directives necessary to administer implement
 1263  the provisions of this section.
 1264         Section 12. Paragraph (h) of subsection (8) and subsection
 1265  (9) of section 39.402, Florida Statutes, are amended to read:
 1266         39.402 Placement in a shelter.—
 1267         (8)
 1268         (h) The order for placement of a child in shelter care must
 1269  identify the parties present at the hearing and must contain
 1270  written findings:
 1271         1. That placement in shelter care is necessary based on the
 1272  criteria in subsections (1) and (2).
 1273         2. That placement in shelter care is in the best interest
 1274  of the child.
 1275         3. That continuation of the child in the home is contrary
 1276  to the welfare of the child because the home situation presents
 1277  a substantial and immediate danger to the child’s physical,
 1278  mental, or emotional health or safety which cannot be mitigated
 1279  by the provision of preventive services.
 1280         4. That based upon the allegations of the petition for
 1281  placement in shelter care, there is probable cause to believe
 1282  that the child is dependent or that the court needs additional
 1283  time, which may not exceed 72 hours, in which to obtain and
 1284  review documents pertaining to the family in order to
 1285  appropriately determine the risk to the child.
 1286         5. That the department has made reasonable efforts to
 1287  prevent or eliminate the need for removal of the child from the
 1288  home. A finding of reasonable effort by the department to
 1289  prevent or eliminate the need for removal may be made and the
 1290  department is deemed to have made reasonable efforts to prevent
 1291  or eliminate the need for removal if:
 1292         a. The first contact of the department with the family
 1293  occurs during an emergency;
 1294         b. The appraisal of the home situation by the department
 1295  indicates that the home situation presents a substantial and
 1296  immediate danger to the child’s physical, mental, or emotional
 1297  health or safety which cannot be mitigated by the provision of
 1298  preventive services;
 1299         c. The child cannot safely remain at home, either because
 1300  there are no preventive services that can ensure the health and
 1301  safety of the child or because, even with appropriate and
 1302  available services being provided, the health and safety of the
 1303  child cannot be ensured; or
 1304         d. The parent or legal custodian is alleged to have
 1305  committed any of the acts listed as grounds for expedited
 1306  termination of parental rights in s. 39.806(1)(f)-(i).
 1307         6. That the department has made reasonable efforts to keep
 1308  siblings together if they are removed and placed in out-of-home
 1309  care unless such placement is not in the best interest of each
 1310  child. Reasonable efforts shall include short-term placement in
 1311  a group home with the ability to accommodate sibling groups if
 1312  such a placement is available. The department shall report to
 1313  the court its efforts to place siblings together unless the
 1314  court finds that such placement is not in the best interest of a
 1315  child or his or her sibling.
 1316         7.6. That the court notified the parents, relatives that
 1317  are providing out-of-home care for the child, or legal
 1318  custodians of the time, date, and location of the next
 1319  dependency hearing and of the importance of the active
 1320  participation of the parents, relatives that are providing out
 1321  of-home care for the child, or legal custodians in all
 1322  proceedings and hearings.
 1323         8.7. That the court notified the parents or legal
 1324  custodians of their right to counsel to represent them at the
 1325  shelter hearing and at each subsequent hearing or proceeding,
 1326  and the right of the parents to appointed counsel, pursuant to
 1327  the procedures set forth in s. 39.013.
 1328         9.8. That the court notified relatives who are providing
 1329  out-of-home care for a child as a result of the shelter petition
 1330  being granted that they have the right to attend all subsequent
 1331  hearings, to submit reports to the court, and to speak to the
 1332  court regarding the child, if they so desire.
 1333         (9)(a) At any shelter hearing, the department shall provide
 1334  to the court a recommendation for scheduled contact between the
 1335  child and parents, if appropriate. The court shall determine
 1336  visitation rights absent a clear and convincing showing that
 1337  visitation is not in the best interest of the child. Any order
 1338  for visitation or other contact must conform to the provisions
 1339  of s. 39.0139. If visitation is ordered but will not commence
 1340  within 72 hours of the shelter hearing, the department shall
 1341  provide justification to the court.
 1342         (b) If siblings who are removed from the home cannot be
 1343  placed together, the department shall provide to the court a
 1344  recommendation for frequent visitation or other ongoing
 1345  interaction between the siblings unless this interaction would
 1346  be contrary to a sibling’s safety or well-being. If visitation
 1347  among siblings is ordered but will not commence within 72 hours
 1348  after the shelter hearing, the department shall provide
 1349  justification to the court for the delay.
 1350         Section 13. Paragraph (d) of subsection (3) of section
 1351  39.501, Florida Statutes, is amended to read:
 1352         39.501 Petition for dependency.—
 1353         (3)
 1354         (d) The petitioner must state in the petition, if known,
 1355  whether:
 1356         1. A parent or legal custodian named in the petition has
 1357  previously unsuccessfully participated in voluntary services
 1358  offered by the department;
 1359         2. A parent or legal custodian named in the petition has
 1360  participated in mediation and whether a mediation agreement
 1361  exists;
 1362         3. A parent or legal custodian has rejected the voluntary
 1363  services offered by the department;
 1364         4. A parent or legal custodian named in the petition has
 1365  not fully complied with a safety plan; or
 1366         5.4. The department has determined that voluntary services
 1367  are not appropriate for the parent or legal custodian and the
 1368  reasons for such determination.
 1369  
 1370  If the department is the petitioner, it shall provide all safety
 1371  plans as defined in s. 39.01 involving the parent or legal
 1372  custodian to the court.
 1373         Section 14. Paragraph (a) of subsection (4) of section
 1374  39.504, Florida Statutes, is amended to read:
 1375         39.504 Injunction pending disposition of petition;
 1376  penalty.—
 1377         (4) If an injunction is issued under this section, the
 1378  primary purpose of the injunction must be to protect and promote
 1379  the best interests of the child, taking the preservation of the
 1380  child’s immediate family into consideration.
 1381         (a) The injunction applies to the alleged or actual
 1382  offender in a case of child abuse or acts of domestic violence.
 1383  The conditions of the injunction shall be determined by the
 1384  court, which may include ordering the alleged or actual offender
 1385  to:
 1386         1. Refrain from further abuse or acts of domestic violence.
 1387         2. Participate in a specialized treatment program.
 1388         3. Limit contact or communication with the child victim,
 1389  other children in the home, or any other child.
 1390         4. Refrain from contacting the child at home, school, work,
 1391  or wherever the child may be found.
 1392         5. Have limited or supervised visitation with the child.
 1393         6. Vacate the home in which the child resides.
 1394         7. Comply with the terms of a safety plan implemented in
 1395  the injunction pursuant to s. 39.301.
 1396         Section 15. Section 39.5085, Florida Statutes, is amended
 1397  to read:
 1398         39.5085 Relative Caregiver Program.—
 1399         (1) It is the intent of the Legislature in enacting this
 1400  section to:
 1401         (a) Provide for the establishment of procedures and
 1402  protocols that serve to advance the continued safety of children
 1403  by acknowledging the valued resource uniquely available through
 1404  grandparents, and relatives of children, and specified
 1405  nonrelatives of children pursuant to subparagraph (2)(a)3.
 1406         (b) Recognize family relationships in which a grandparent
 1407  or other relative is the head of a household that includes a
 1408  child otherwise at risk of foster care placement.
 1409         (c) Enhance family preservation and stability by
 1410  recognizing that most children in such placements with
 1411  grandparents and other relatives do not need intensive
 1412  supervision of the placement by the courts or by the department.
 1413         (d) Recognize that permanency in the best interests of the
 1414  child can be achieved through a variety of permanency options,
 1415  including permanent guardianship under s. 39.6221 if the
 1416  guardian is a relative, by permanent placement with a fit and
 1417  willing relative under s. 39.6231, by a relative, guardianship
 1418  under chapter 744, or adoption, by providing additional
 1419  placement options and incentives that will achieve permanency
 1420  and stability for many children who are otherwise at risk of
 1421  foster care placement because of abuse, abandonment, or neglect,
 1422  but who may successfully be able to be placed by the dependency
 1423  court in the care of such relatives.
 1424         (e) Reserve the limited casework and supervisory resources
 1425  of the courts and the department for those cases in which
 1426  children do not have the option for safe, stable care within the
 1427  family.
 1428         (f) Recognize that a child may have a close relationship
 1429  with a person who is not a blood relative or a relative by
 1430  marriage and that such person should be eligible for financial
 1431  assistance under this section if he or she is able and willing
 1432  to care for the child and provide a safe, stable home
 1433  environment.
 1434         (2)(a) The Department of Children and Families Family
 1435  Services shall establish and operate the Relative Caregiver
 1436  Program pursuant to eligibility guidelines established in this
 1437  section as further implemented by rule of the department. The
 1438  Relative Caregiver Program shall, within the limits of available
 1439  funding, provide financial assistance to:
 1440         1. Relatives who are within the fifth degree by blood or
 1441  marriage to the parent or stepparent of a child and who are
 1442  caring full-time for that dependent child in the role of
 1443  substitute parent as a result of a court’s determination of
 1444  child abuse, neglect, or abandonment and subsequent placement
 1445  with the relative under this chapter.
 1446         2. Relatives who are within the fifth degree by blood or
 1447  marriage to the parent or stepparent of a child and who are
 1448  caring full-time for that dependent child, and a dependent half
 1449  brother or half-sister of that dependent child, in the role of
 1450  substitute parent as a result of a court’s determination of
 1451  child abuse, neglect, or abandonment and subsequent placement
 1452  with the relative under this chapter.
 1453         3. Nonrelatives who are willing to assume custody and care
 1454  of a dependent child in the role of substitute parent as a
 1455  result of a court’s determination of child abuse, neglect, or
 1456  abandonment and subsequent placement with the nonrelative
 1457  caregiver under this chapter. The court must find that a
 1458  proposed placement under this subparagraph is in the best
 1459  interest of the child.
 1460  
 1461  The placement may be court-ordered temporary legal custody to
 1462  the relative or nonrelative under protective supervision of the
 1463  department pursuant to s. 39.521(1)(b)3., or court-ordered
 1464  placement in the home of a relative or nonrelative as a
 1465  permanency option under s. 39.6221 or s. 39.6231 or under former
 1466  s. 39.622 if the placement was made before July 1, 2006. The
 1467  Relative Caregiver Program shall offer financial assistance to
 1468  caregivers who are relatives and who would be unable to serve in
 1469  that capacity without the relative caregiver payment because of
 1470  financial burden, thus exposing the child to the trauma of
 1471  placement in a shelter or in foster care.
 1472         (b) Caregivers who are relatives and who receive assistance
 1473  under this section must be capable, as determined by a home
 1474  study, of providing a physically safe environment and a stable,
 1475  supportive home for the children under their care, and must
 1476  assure that the children’s well-being is met, including, but not
 1477  limited to, the provision of immunizations, education, and
 1478  mental health services as needed.
 1479         (c) Relatives or nonrelatives who qualify for and
 1480  participate in the Relative Caregiver Program are not required
 1481  to meet foster care licensing requirements under s. 409.175.
 1482         (d) Relatives or nonrelatives who are caring for children
 1483  placed with them by the court pursuant to this chapter shall
 1484  receive a special monthly relative caregiver benefit established
 1485  by rule of the department. The amount of the special benefit
 1486  payment shall be based on the child’s age within a payment
 1487  schedule established by rule of the department and subject to
 1488  availability of funding. The statewide average monthly rate for
 1489  children judicially placed with relatives or nonrelatives who
 1490  are not licensed as foster homes may not exceed 82 percent of
 1491  the statewide average foster care rate, and nor may the cost of
 1492  providing the assistance described in this section to any
 1493  relative caregiver may not exceed the cost of providing out-of
 1494  home care in emergency shelter or foster care.
 1495         (e) Children receiving cash benefits under this section are
 1496  not eligible to simultaneously receive WAGES cash benefits under
 1497  chapter 414.
 1498         (f) Within available funding, the Relative Caregiver
 1499  Program shall provide relative caregivers with family support
 1500  and preservation services, flexible funds in accordance with s.
 1501  409.165, school readiness, and other available services in order
 1502  to support the child’s safety, growth, and healthy development.
 1503  Children living with relative caregivers who are receiving
 1504  assistance under this section shall be eligible for Medicaid
 1505  coverage.
 1506         (g) The department may use appropriate available state,
 1507  federal, and private funds to operate the Relative Caregiver
 1508  Program. The department may develop liaison functions to be
 1509  available to relatives or nonrelatives who care for children
 1510  pursuant to this chapter to ensure placement stability in
 1511  extended family settings.
 1512         Section 16. Subsections (3) and (4) of section 39.604,
 1513  Florida Statutes, are amended to read:
 1514         39.604 Rilya Wilson Act; short title; legislative intent;
 1515  requirements; attendance and reporting responsibilities.—
 1516         (3) REQUIREMENTS.—A child from birth to the age of who is
 1517  age 3 years to school entry, under court-ordered court ordered
 1518  protective supervision or in the custody of the Family Safety
 1519  Program Office of the Department of Children and Families Family
 1520  Services or a community-based lead agency, and enrolled in a
 1521  licensed early education or child care program must attend be
 1522  enrolled to participate in the program 5 days a week.
 1523  Notwithstanding the requirements of s. 39.202, the Department of
 1524  Children and Families Family Services must notify operators of
 1525  the licensed early education or child care program, subject to
 1526  the reporting requirements of this act, of the enrollment of any
 1527  child from birth to the age of age 3 years to school entry,
 1528  under court-ordered court ordered protective supervision or in
 1529  the custody of the Family Safety Program Office of the
 1530  Department of Children and Families Family Services or a
 1531  community-based lead agency. When a child is enrolled in an
 1532  early education or child care program regulated by the
 1533  department, the child’s attendance in the program must be a
 1534  required action in the safety plan or the case plan developed
 1535  for the a child pursuant to this chapter who is enrolled in a
 1536  licensed early education or child care program must contain the
 1537  participation in this program as a required action. An exemption
 1538  to participating in the licensed early education or child care
 1539  program 5 days a week may be granted by the court.
 1540         (4) ATTENDANCE AND REPORTING REQUIREMENTS.—
 1541         (a) A child enrolled in a licensed early education or child
 1542  care program who meets the requirements of subsection (3) may
 1543  not be withdrawn from the program without the prior written
 1544  approval of the Family Safety Program Office of the Department
 1545  of Children and Families Family Services or the community-based
 1546  lead agency.
 1547         (b)1. If a child covered by this section is absent from the
 1548  program on a day when he or she is supposed to be present, the
 1549  person with whom the child resides must report the absence to
 1550  the program by the end of the business day. If the person with
 1551  whom the child resides, whether the parent or caregiver, fails
 1552  to timely report the absence, the absence is considered to be
 1553  unexcused. The program shall report any unexcused absence or
 1554  seven consecutive excused absences of a child who is enrolled in
 1555  the program and covered by this act to the local designated
 1556  staff of the Family Safety Program Office of the Department of
 1557  Children and Families Family Services or the community-based
 1558  lead agency by the end of the business day following the
 1559  unexcused absence or seventh consecutive excused absence.
 1560         2. The department or community-based lead agency shall
 1561  conduct a site visit to the residence of the child upon
 1562  receiving a report of two consecutive unexcused absences or
 1563  seven consecutive excused absences.
 1564         3. If the site visit results in a determination that the
 1565  child is missing, the department or community-based lead agency
 1566  shall report the child as missing to a law enforcement agency
 1567  and proceed with the necessary actions to locate the child
 1568  pursuant to procedures for locating missing children.
 1569         4. If the site visit results in a determination that the
 1570  child is not missing, the parent or caregiver shall be notified
 1571  that failure to ensure that the child attends the licensed early
 1572  education or child care program is a violation of the safety
 1573  plan or the case plan. If more than two site visits are
 1574  conducted pursuant to this subsection, staff shall initiate
 1575  action to notify the court of the parent or caregiver’s
 1576  noncompliance with the case plan.
 1577         Section 17. Paragraph (c) of subsection (2) and paragraph
 1578  (a) of subsection (3) of section 39.701, Florida Statutes, are
 1579  amended to read:
 1580         39.701 Judicial review.—
 1581         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
 1582  AGE.—
 1583         (c) Review determinations.—The court and any citizen review
 1584  panel shall take into consideration the information contained in
 1585  the social services study and investigation and all medical,
 1586  psychological, and educational records that support the terms of
 1587  the case plan; testimony by the social services agency, the
 1588  parent, the foster parent or legal custodian, the guardian ad
 1589  litem or surrogate parent for educational decisionmaking if one
 1590  has been appointed for the child, and any other person deemed
 1591  appropriate; and any relevant and material evidence submitted to
 1592  the court, including written and oral reports to the extent of
 1593  their probative value. These reports and evidence may be
 1594  received by the court in its effort to determine the action to
 1595  be taken with regard to the child and may be relied upon to the
 1596  extent of their probative value, even though not competent in an
 1597  adjudicatory hearing. In its deliberations, the court and any
 1598  citizen review panel shall seek to determine:
 1599         1. If the parent was advised of the right to receive
 1600  assistance from any person or social service agency in the
 1601  preparation of the case plan.
 1602         2. If the parent has been advised of the right to have
 1603  counsel present at the judicial review or citizen review
 1604  hearings. If not so advised, the court or citizen review panel
 1605  shall advise the parent of such right.
 1606         3. If a guardian ad litem needs to be appointed for the
 1607  child in a case in which a guardian ad litem has not previously
 1608  been appointed or if there is a need to continue a guardian ad
 1609  litem in a case in which a guardian ad litem has been appointed.
 1610         4. Who holds the rights to make educational decisions for
 1611  the child. If appropriate, the court may refer the child to the
 1612  district school superintendent for appointment of a surrogate
 1613  parent or may itself appoint a surrogate parent under the
 1614  Individuals with Disabilities Education Act and s. 39.0016.
 1615         5. The compliance or lack of compliance of all parties with
 1616  applicable items of the case plan, including the parents’
 1617  compliance with child support orders.
 1618         6. The compliance or lack of compliance with a visitation
 1619  contract between the parent and the social service agency for
 1620  contact with the child, including the frequency, duration, and
 1621  results of the parent-child visitation and the reason for any
 1622  noncompliance.
 1623         7. The frequency, kind, and duration of contacts among
 1624  siblings who have been separated during placement, as well as
 1625  any efforts undertaken to reunite separated siblings if doing so
 1626  is in the best interest of the child.
 1627         8.7. The compliance or lack of compliance of the parent in
 1628  meeting specified financial obligations pertaining to the care
 1629  of the child, including the reason for failure to comply, if
 1630  applicable such is the case.
 1631         9.8. Whether the child is receiving safe and proper care
 1632  according to s. 39.6012, including, but not limited to, the
 1633  appropriateness of the child’s current placement, including
 1634  whether the child is in a setting that is as family-like and as
 1635  close to the parent’s home as possible, consistent with the
 1636  child’s best interests and special needs, and including
 1637  maintaining stability in the child’s educational placement, as
 1638  documented by assurances from the community-based care provider
 1639  that:
 1640         a. The placement of the child takes into account the
 1641  appropriateness of the current educational setting and the
 1642  proximity to the school in which the child is enrolled at the
 1643  time of placement.
 1644         b. The community-based care agency has coordinated with
 1645  appropriate local educational agencies to ensure that the child
 1646  remains in the school in which the child is enrolled at the time
 1647  of placement.
 1648         10.9. A projected date likely for the child’s return home
 1649  or other permanent placement.
 1650         11.10. When appropriate, the basis for the unwillingness or
 1651  inability of the parent to become a party to a case plan. The
 1652  court and the citizen review panel shall determine if the
 1653  efforts of the social service agency to secure party
 1654  participation in a case plan were sufficient.
 1655         12.11. For a child who has reached 13 years of age but is
 1656  not yet 18 years of age, the adequacy of the child’s preparation
 1657  for adulthood and independent living.
 1658         13.12. If amendments to the case plan are required.
 1659  Amendments to the case plan must be made under s. 39.6013.
 1660         (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.—
 1661         (a) In addition to the review and report required under
 1662  paragraphs (1)(a) and (2)(a), respectively, the court shall hold
 1663  a judicial review hearing within 90 days after a child’s 17th
 1664  birthday. The court shall also issue an order, separate from the
 1665  order on judicial review, that the disability of nonage of the
 1666  child has been removed pursuant to ss. 743.044, 743.045, and
 1667  743.046, and for any of these disabilities that the court finds
 1668  is in the child’s best interest to remove. The court s. 743.045
 1669  and shall continue to hold timely judicial review hearings. If
 1670  necessary, the court may review the status of the child more
 1671  frequently during the year before the child’s 18th birthday. At
 1672  each review hearing held under this subsection, in addition to
 1673  any information or report provided to the court by the foster
 1674  parent, legal custodian, or guardian ad litem, the child shall
 1675  be given the opportunity to address the court with any
 1676  information relevant to the child’s best interest, particularly
 1677  in relation to independent living transition services. The
 1678  department shall include in the social study report for judicial
 1679  review written verification that the child has:
 1680         1. A current Medicaid card and all necessary information
 1681  concerning the Medicaid program sufficient to prepare the child
 1682  to apply for coverage upon reaching the age of 18, if such
 1683  application is appropriate.
 1684         2. A certified copy of the child’s birth certificate and,
 1685  if the child does not have a valid driver license, a Florida
 1686  identification card issued under s. 322.051.
 1687         3. A social security card and information relating to
 1688  social security insurance benefits if the child is eligible for
 1689  those benefits. If the child has received such benefits and they
 1690  are being held in trust for the child, a full accounting of
 1691  these funds must be provided and the child must be informed as
 1692  to how to access those funds.
 1693         4. All relevant information related to the Road-to
 1694  Independence Program, including, but not limited to, eligibility
 1695  requirements, information on participation, and assistance in
 1696  gaining admission to the program. If the child is eligible for
 1697  the Road-to-Independence Program, he or she must be advised that
 1698  he or she may continue to reside with the licensed family home
 1699  or group care provider with whom the child was residing at the
 1700  time the child attained his or her 18th birthday, in another
 1701  licensed family home, or with a group care provider arranged by
 1702  the department.
 1703         5. An open bank account or the identification necessary to
 1704  open a bank account and to acquire essential banking and
 1705  budgeting skills.
 1706         6. Information on public assistance and how to apply for
 1707  public assistance.
 1708         7. A clear understanding of where he or she will be living
 1709  on his or her 18th birthday, how living expenses will be paid,
 1710  and the educational program or school in which he or she will be
 1711  enrolled.
 1712         8. Information related to the ability of the child to
 1713  remain in care until he or she reaches 21 years of age under s.
 1714  39.013.
 1715         9. A letter providing the dates that the child is under the
 1716  jurisdiction of the court.
 1717         10. A letter stating that the child is in compliance with
 1718  financial aid documentation requirements.
 1719         11. The child’s educational records.
 1720         12. The child’s entire health and mental health records.
 1721         13. The process for accessing his or her case file.
 1722         14. A statement encouraging the child to attend all
 1723  judicial review hearings occurring after the child’s 17th
 1724  birthday.
 1725         Section 18. Subsection (2) of section 39.802, Florida
 1726  Statutes, is amended to read:
 1727         39.802 Petition for termination of parental rights; filing;
 1728  elements.—
 1729         (2) The form of the petition is governed by the Florida
 1730  Rules of Juvenile Procedure. The petition must be in writing and
 1731  signed by the petitioner or, if the department is the
 1732  petitioner, by an employee of the department, under oath stating
 1733  the petitioner’s good faith in filing the petition.
 1734         Section 19. Paragraphs (e), (f), and (h) of subsection (1)
 1735  of section 39.806, Florida Statutes, are amended to read:
 1736         39.806 Grounds for termination of parental rights.—
 1737         (1) Grounds for the termination of parental rights may be
 1738  established under any of the following circumstances:
 1739         (e) When a child has been adjudicated dependent, a case
 1740  plan has been filed with the court, and:
 1741         1. The child continues to be abused, neglected, or
 1742  abandoned by the parent or parents. The failure of the parent or
 1743  parents to substantially comply with the case plan for a period
 1744  of 12 months after an adjudication of the child as a dependent
 1745  child or the child’s placement into shelter care, whichever
 1746  occurs first, constitutes evidence of continuing abuse, neglect,
 1747  or abandonment unless the failure to substantially comply with
 1748  the case plan was due to the parent’s lack of financial
 1749  resources or to the failure of the department to make reasonable
 1750  efforts to reunify the parent and child. The 12-month period
 1751  begins to run only after the child’s placement into shelter care
 1752  or the entry of a disposition order placing the custody of the
 1753  child with the department or a person other than the parent and
 1754  the court’s approval of a case plan having the goal of
 1755  reunification with the parent, whichever occurs first; or
 1756         2. The parent or parents have materially breached the case
 1757  plan. Time is of the essence for permanency of children in the
 1758  dependency system. In order to prove the parent or parents have
 1759  materially breached the case plan, the court must find by clear
 1760  and convincing evidence that the parent or parents are unlikely
 1761  or unable to substantially comply with the case plan before time
 1762  to comply with the case plan expires.
 1763         3. The child has been in care for any 12 of the last 22
 1764  months and the parents have not substantially complied with the
 1765  case plan so as to permit reunification under s. 39.522(2)
 1766  unless the failure to substantially comply with the case plan
 1767  was due to the parent’s lack of financial resources or to the
 1768  failure of the department to make reasonable efforts to reunify
 1769  the parent and child.
 1770         (f) The parent or parents engaged in egregious conduct or
 1771  had the opportunity and capability to prevent and knowingly
 1772  failed to prevent egregious conduct that threatens the life,
 1773  safety, or physical, mental, or emotional health of the child or
 1774  the child’s sibling. Proof of a nexus between egregious conduct
 1775  to a child and the potential harm to the child’s sibling is not
 1776  required.
 1777         1. As used in this subsection, the term “sibling” means
 1778  another child who resides with or is cared for by the parent or
 1779  parents regardless of whether the child is related legally or by
 1780  consanguinity.
 1781         2. As used in this subsection, the term “egregious conduct”
 1782  means abuse, abandonment, neglect, or any other conduct that is
 1783  deplorable, flagrant, or outrageous by a normal standard of
 1784  conduct. Egregious conduct may include an act or omission that
 1785  occurred only once but was of such intensity, magnitude, or
 1786  severity as to endanger the life of the child.
 1787         (h) The parent or parents have committed the murder,
 1788  manslaughter, aiding or abetting the murder, or conspiracy or
 1789  solicitation to murder the other parent or another child, or a
 1790  felony battery that resulted in serious bodily injury to the
 1791  child or to another child. Proof of a nexus between the murder,
 1792  manslaughter, aiding or abetting the murder, or conspiracy or
 1793  solicitation to murder the other parent or another child, or a
 1794  felony battery to a child and the potential harm to a child or
 1795  another child is not required.
 1796         Section 20. Paragraph (g) of subsection (1) of section
 1797  63.212, Florida Statutes, is amended to read:
 1798         63.212 Prohibited acts; penalties for violation.—
 1799         (1) It is unlawful for any person:
 1800         (g) Except an adoption entity, to advertise or offer to the
 1801  public, in any way, by any medium whatever that a minor is
 1802  available for adoption or that a minor is sought for adoption;
 1803  and, further, it is unlawful for any person to publish or
 1804  broadcast any such advertisement or assist an unlicensed person
 1805  or entity in publishing or broadcasting any such advertisement
 1806  without including a Florida license number of the agency or
 1807  attorney placing the advertisement.
 1808         1. Only a person who is an attorney licensed to practice
 1809  law in this state or an adoption entity licensed under the laws
 1810  of this state may place a paid advertisement or paid listing of
 1811  the person’s telephone number, on the person’s own behalf, in a
 1812  telephone directory that:
 1813         a. A child is offered or wanted for adoption; or
 1814         b. The person is able to place, locate, or receive a child
 1815  for adoption.
 1816         2. A person who publishes a telephone directory that is
 1817  distributed in this state:
 1818         a. shall include, at the beginning of any classified
 1819  heading for adoption and adoption services, a statement that
 1820  informs directory users that only attorneys licensed to practice
 1821  law in this state and licensed adoption entities may legally
 1822  provide adoption services under state law.
 1823         3.b.A person who places may publish an advertisement
 1824  described in subparagraph 1. in a the telephone directory must
 1825  include only if the advertisement contains the following
 1826  information:
 1827         a.(I) For an attorney licensed to practice law in this
 1828  state, the person’s Florida Bar number.
 1829         b.(II) For a child placing agency licensed under the laws
 1830  of this state, the number on the person’s adoption entity
 1831  license.
 1832         Section 21. Subsection (1), paragraph (b) of subsection
 1833  (2), and paragraphs (c) and (d) of subsection (3) of section
 1834  383.402, Florida Statutes, are amended to read:
 1835         383.402 Child abuse death review; State Child Abuse Death
 1836  Review Committee; local child abuse death review committees.—
 1837         (1) It is the intent of the Legislature to establish a
 1838  statewide multidisciplinary, multiagency child abuse death
 1839  assessment and prevention system that consists of state and
 1840  local review committees. The state and local review committees
 1841  shall review the facts and circumstances of all deaths of
 1842  children from birth through age 18 which occur in this state and
 1843  are reported to the central abuse hotline of the Department of
 1844  Children and Families as the result of verified child abuse or
 1845  neglect. The purpose of the review shall be to:
 1846         (a) Achieve a greater understanding of the causes and
 1847  contributing factors of deaths resulting from child abuse.
 1848         (b) Whenever possible, develop a communitywide approach to
 1849  address such cases and contributing factors.
 1850         (c) Identify any gaps, deficiencies, or problems in the
 1851  delivery of services to children and their families by public
 1852  and private agencies which may be related to deaths that are the
 1853  result of child abuse.
 1854         (d) Make and implement recommendations for changes in law,
 1855  rules, and policies, as well as develop practice standards that
 1856  support the safe and healthy development of children and reduce
 1857  preventable child abuse deaths.
 1858         (2)
 1859         (b) In addition, the State Surgeon General shall appoint
 1860  the following members to the state committee, based on
 1861  recommendations from the Department of Health and the agencies
 1862  listed in paragraph (a), and ensuring that the committee
 1863  represents the regional, gender, and ethnic diversity of the
 1864  state to the greatest extent possible:
 1865         1. The Statewide Medical Director for Child Protection A
 1866  board-certified pediatrician.
 1867         2. A public health nurse.
 1868         3. A mental health professional who treats children or
 1869  adolescents.
 1870         4. An employee of the Department of Children and Family
 1871  Services who supervises family services counselors and who has
 1872  at least 5 years of experience in child protective
 1873  investigations.
 1874         5. The medical director of a child protection team.
 1875         6. A member of a child advocacy organization.
 1876         7. A social worker who has experience in working with
 1877  victims and perpetrators of child abuse.
 1878         8. A person trained as a paraprofessional in patient
 1879  resources who is employed in a child abuse prevention program.
 1880         9. A law enforcement officer who has at least 5 years of
 1881  experience in children’s issues.
 1882         10. A representative of the Florida Coalition Against
 1883  Domestic Violence.
 1884         11. A representative from a private provider of programs on
 1885  preventing child abuse and neglect.
 1886         (3) The State Child Abuse Death Review Committee shall:
 1887         (c) Prepare an annual statistical report on the incidence
 1888  and causes of death resulting from reported child abuse in the
 1889  state during the prior calendar year. The state committee shall
 1890  submit a copy of the report by October 1 December 31 of each
 1891  year to the Governor, the President of the Senate, and the
 1892  Speaker of the House of Representatives. The report must include
 1893  recommendations to the Department of Children and Families
 1894  regarding for state and local action, including specific policy
 1895  and, procedural changes to the child protection and child
 1896  welfare system and, regulatory, or statutory changes, and any
 1897  other recommended preventive action.
 1898         (d) Provide training to Encourage and assist in developing
 1899  the local child abuse death review committee members on the
 1900  dynamics and impact of domestic violence, substance abuse, or
 1901  mental health disorders when there is a co-occurrence of child
 1902  abuse committees. Training shall be provided by the Florida
 1903  Coalition Against Domestic Violence, the Florida Alcohol and
 1904  Drug Abuse Association, and the Florida Council for Community
 1905  Mental Health in each entity’s respective area of expertise.
 1906         Section 22. Subsection (5) of section 402.40, Florida
 1907  Statutes, is amended, and paragraph (g) is added to subsection
 1908  (3) of that section, to read:
 1909         402.40 Child welfare training and certification.—
 1910         (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
 1911  shall approve one or more third-party credentialing entities for
 1912  the purpose of developing and administering child welfare
 1913  certification programs for persons who provide child welfare
 1914  services. A third-party credentialing entity shall request such
 1915  approval in writing from the department. In order to obtain
 1916  approval, the third-party credentialing entity must:
 1917         (g) Maintain an advisory committee, including
 1918  representatives from each region of the department, each
 1919  sheriff’s office providing child protective services, and each
 1920  community-based care lead agency, who shall be appointed by the
 1921  organization they represent. The third-party credentialing
 1922  entity may appoint additional members to the advisory committee.
 1923         (5) CORE COMPETENCIES AND SPECIALIZATIONS.—
 1924         (a) The Department of Children and Families Family Services
 1925  shall approve the core competencies and related preservice
 1926  curricula that ensures that each person delivering child welfare
 1927  services obtains the knowledge, skills, and abilities to
 1928  competently carry out his or her work responsibilities.
 1929         (b) The identification of these core competencies and
 1930  development of preservice curricula shall be a collaborative
 1931  effort that includes professionals who have expertise in child
 1932  welfare services, department-approved third-party credentialing
 1933  entities, and providers that will be affected by the curriculum,
 1934  including, but not limited to, representatives from the
 1935  community-based care lead agencies, the Florida Coalition
 1936  Against Domestic Violence, the Florida Alcohol and Drug Abuse
 1937  Association, the Florida Council for Community Mental Health,
 1938  sheriffs’ offices conducting child protection investigations,
 1939  and child welfare legal services providers.
 1940         (c) Community-based care agencies, sheriffs’ offices, and
 1941  the department may contract for the delivery of preservice and
 1942  any additional training for persons delivering child welfare
 1943  services if the curriculum satisfies the department-approved
 1944  core competencies.
 1945         (d) The department may also approve certifications
 1946  involving specializations in serving specific populations or in
 1947  skills relevant to child protection to be awarded to persons
 1948  delivering child welfare services by a third-party credentialing
 1949  entity approved pursuant to subsection (3).
 1950         (e)(d) Department-approved credentialing entities shall,
 1951  for a period of at least 12 months after implementation of the
 1952  third-party child welfare certification programs, grant
 1953  reciprocity and award a child welfare certification to
 1954  individuals who hold current department-issued child welfare
 1955  certification in good standing, at no cost to the department or
 1956  the certificateholder.
 1957         Section 23. Section 402.402, Florida Statutes, is created
 1958  to read:
 1959         402.402 Child protection and child welfare personnel;
 1960  attorneys employed by the department.—
 1961         (1) DEFINITIONS.—As used in this section, the term:
 1962         (a) “Child protection and child welfare personnel” includes
 1963  child protective investigators and child protective
 1964  investigation supervisors employed by the department and case
 1965  managers and case manager supervisors employed by a community
 1966  based care lead agency or a subcontractor of a community-based
 1967  care lead agency.
 1968         (b) “Human services-related field” means psychology,
 1969  sociology, counseling, special education, human development,
 1970  child development, family development, marriage and family
 1971  therapy, and nursing.
 1972         (2) CHILD PROTECTIVE INVESTIGATION PROFESSIONAL STAFF
 1973  REQUIREMENTS.—The department is responsible for recruitment of
 1974  qualified professional staff to serve as child protective
 1975  investigators and child protective investigation supervisors.
 1976  The department shall make every effort to recruit and hire
 1977  persons qualified by their education and experience to perform
 1978  social work functions. The department’s efforts shall be guided
 1979  by the goal that by July 1, 2019, at least half of all child
 1980  protective investigators and supervisors will have a bachelor’s
 1981  degree or a master’s degree in social work from a college or
 1982  university social work program accredited by the Council on
 1983  Social Work Education. The department, in collaboration with the
 1984  lead agencies, subcontracted provider organizations, the Florida
 1985  Institute for Child Welfare created pursuant to s. 1004.615, and
 1986  other partners in the child welfare system, shall develop a
 1987  protocol for screening candidates for child protective positions
 1988  which reflects the preferences specified in paragraphs (a)-(f).
 1989  The following persons shall be given preference in the
 1990  recruitment of qualified professional staff, but the preferences
 1991  serve only as guidance and do not limit the department’s
 1992  discretion to select the best available candidates:
 1993         (a)Child protective investigators with bachelor’s degrees
 1994  in social work and child protective investigation supervisors
 1995  with master’s degrees in social work from a college or
 1996  university social work program accredited by the Council on
 1997  Social Work Education.
 1998         (b) Child protective investigators and supervisors with
 1999  baccalaureate or master’s degrees in a human service-related
 2000  field such as counseling, sociology, special education, human
 2001  development, child development, family development, marriage and
 2002  family therapy, and nursing.
 2003         (c) Child protective investigators and supervisors with
 2004  work experience demonstrating critical thinking skills, formal
 2005  assessment processes, communication skills, problem solving, and
 2006  empathy.
 2007         (d) Child protective investigators and supervisors with a
 2008  combination of work and volunteer experience in public service
 2009  fields, especially those related to children’s services.
 2010         (e) Child protective investigators and supervisors with a
 2011  commitment to helping children and families, a capacity to work
 2012  as part of a team, and an interest in continuous development of
 2013  skills and knowledge.
 2014         (f)Child protective investigators and supervisors with
 2015  personal strength and resilience to manage competing demands and
 2016  handle workplace stresses.
 2017         (3) REPORT.—By each October 1, the department shall submit
 2018  a report on the educational qualifications, turnover, and
 2019  working conditions of the child protective investigators and
 2020  supervisors to the Governor, the President of the Senate, and
 2021  the Speaker of the House of Representatives.
 2022         (4) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD
 2023  WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
 2024  primary responsibility is representing the department in child
 2025  welfare cases shall, within the first 6 months of employment,
 2026  receive training in:
 2027         (a)The dependency court process, including the attorney’s
 2028  role in preparing and reviewing documents prepared for
 2029  dependency court for accuracy and completeness;
 2030         (b)Preparing and presenting child welfare cases, including
 2031  at least 1 week shadowing an experienced children’s legal
 2032  services attorney preparing and presenting cases;
 2033         (c)Safety assessment, safety decisionmaking tools, and
 2034  safety plans;
 2035         (d)Developing information presented by investigators and
 2036  case managers to support decisionmaking in the best interest of
 2037  children; and
 2038         (e)The experiences and techniques of case managers and
 2039  investigators, including shadowing an experienced child
 2040  protective investigator and an experienced case manager for at
 2041  least 8 hours.
 2042         Section 24. Section 402.403, Florida Statutes, is created
 2043  to read:
 2044         402.403 Child Protection and Child Welfare Personnel
 2045  Tuition Exemption Program.—
 2046         (1) There is established within the department the Child
 2047  Protection and Child Welfare Personnel Tuition Exemption Program
 2048  for the purpose of recruiting and retaining high-performing
 2049  individuals who are employed as child protection and child
 2050  welfare personnel as defined in s. 402.402 and who do not
 2051  possess a master’s degree in social work or a certificate in an
 2052  area related to child welfare.
 2053         (2) Child protection and child welfare personnel who meet
 2054  the requirements specified in subsection (3) are exempt from the
 2055  payment of tuition and fees at a state university.
 2056         (3) The department may approve child protection and child
 2057  welfare personnel for the tuition and fee exemption if such
 2058  personnel:
 2059         (a) Are employed as child protection and child welfare
 2060  personnel and are determined by their employers to perform at a
 2061  high level as established by their personnel evaluations; and
 2062         (b) Are accepted in a graduate-level social work program or
 2063  a certificate program related to child welfare which is
 2064  accredited by the Council on Social Work Education.
 2065         (4)Child protection and child welfare personnel who meet
 2066  the requirements specified in subsection (3) may enroll for up
 2067  to 6 credit hours of courses per term.
 2068         (5) Child protection and child welfare personnel who are
 2069  accepted into a graduate-level social work program or a
 2070  certificate program related to child welfare which is accredited
 2071  by the Council on Social Work Education shall take courses
 2072  associated with the degree or certificate program online if such
 2073  courses are offered online.
 2074         (6) All child protection and child welfare personnel who
 2075  participate in the tuition exemption program established under
 2076  this section must remain employed by the department, a state
 2077  agency, or a contracted provider for 5 years after completion of
 2078  a graduate level social work program. If employment ends before
 2079  the 5-year period, the benefit shall be repaid according to a
 2080  pro rata calculation based on the number of years of service.
 2081         Section 25. Section 402.404, Florida Statutes, is created
 2082  to read:
 2083         402.404 Child Protection and Child Welfare Personnel
 2084  Student Loan Forgiveness Program.—
 2085         (1) There is established within the department the Child
 2086  Protection and Child Welfare Personnel Student Loan Forgiveness
 2087  Program. The purpose of the program is to increase employment
 2088  and retention of high-performing individuals who have either a
 2089  bachelor’s degree or a master’s degree in social work and work
 2090  in child protection or child welfare for the department, a
 2091  community-based care lead agency, or a community-based care
 2092  subcontractor by making payments toward loans received by
 2093  students from federal or state programs or commercial lending
 2094  institutions for the support of prior postsecondary study in
 2095  accredited social work programs.
 2096         (2) To be eligible for the program, a candidate must:
 2097         (a) Be employed by the department as a child protective
 2098  investigator or a child protective investigation supervisor or
 2099  be employed by a community-based care lead agency or
 2100  subcontractor as a case manager or case manager supervisor;
 2101         (b) Be determined by the department or his or her employer
 2102  to have a high level of performance based on his or her personal
 2103  evaluation; and
 2104         (c) Have graduated from an accredited social work program
 2105  with either a bachelor’s degree or a master’s degree in social
 2106  work.
 2107         (3) Only loans to pay the costs of tuition, books, fees,
 2108  and living expenses shall be covered.
 2109         (4) The department or lead agency may make loan payments of
 2110  up to $3,000 each year for up to 4 years on behalf of selected
 2111  graduates of an accredited social work program from the funds
 2112  appropriated for this purpose. All payments are contingent upon
 2113  continued proof of employment and shall be made directly to the
 2114  holder of the loan.
 2115         (5) A student who receives a tuition exemption pursuant to
 2116  s. 402.403 is not eligible to participate in the Child
 2117  Protection and Child Welfare Personnel Student Loan Forgiveness
 2118  Program.
 2119         (6) All child protection and child welfare personnel who
 2120  participate in the student loan forgiveness program established
 2121  under this section must remain employed by the department, a
 2122  state agency, or a contracted provider for 5 years after
 2123  completion of a graduate level social work program. If
 2124  employment ends before the 5-year period, the benefit shall be
 2125  repaid according to a pro rata calculation based on the number
 2126  of years of service.
 2127         (7) The department shall prioritize funds appropriated for
 2128  this purpose to regions with high average caseloads and low
 2129  workforce retention rates.
 2130         Section 26. Section 409.165, Florida Statutes, is amended
 2131  to read:
 2132         409.165 Alternate care for children.—
 2133         (1) Within funds appropriated, the department shall
 2134  establish and supervise a program of emergency shelters, runaway
 2135  shelters, foster homes, group homes, agency-operated group
 2136  treatment homes, nonpsychiatric residential group care
 2137  facilities, psychiatric residential treatment facilities, and
 2138  other appropriate facilities to provide shelter and care for
 2139  dependent children who must be placed away from their families.
 2140  The department, in accordance with outcome established goals
 2141  established in s. 409.986, shall contract for the provision of
 2142  such shelter and care by counties, municipalities, nonprofit
 2143  corporations, and other entities capable of providing needed
 2144  services if:
 2145         (a) The services so provided comply with all department
 2146  standards, policies, and procedures are available;
 2147         (b) The services can be so provided at a reasonable cost
 2148  are more cost-effective than those provided by the department;
 2149  and
 2150         (c) Unless otherwise provided by law, such providers of
 2151  shelter and care are licensed by the department.
 2152  
 2153  It is the legislative intent that the
 2154         (2) Funds appropriated for the alternate care of children
 2155  as described in this section may be used to meet the needs of
 2156  children in their own homes or those of relatives if the
 2157  children can be safely served in such settings their own homes,
 2158  or the homes of relatives, and the expenditure of funds in such
 2159  manner is equal to or less than the cost of out-of-home
 2160  placement calculated by the department to be an eventual cost
 2161  savings over placement of children.
 2162         (3)(2) The department shall may cooperate with all child
 2163  service institutions or agencies within the state which meet the
 2164  department’s standards in order to maintain a comprehensive,
 2165  coordinated, and inclusive system for promoting and protecting
 2166  the well-being of children, consistent with the goals
 2167  established in s. 409.986 rules for proper care and supervision
 2168  prescribed by the department for the well-being of children.
 2169         (a) The department shall work with the Department of Health
 2170  in the development, use, and monitoring of medical foster homes
 2171  for medically complex children.
 2172         (b) The department shall collaborate with all relevant
 2173  state and local agencies to provide such supports and services
 2174  as may be necessary to maintain medically complex children in
 2175  the least restrictive and most nurturing environment.
 2176         (4)(3) With the written consent of parents, custodians, or
 2177  guardians, or in accordance with those provisions in chapter 39
 2178  that relate to dependent children, the department, under rules
 2179  properly adopted, may place a child:
 2180         (a) With a relative;
 2181         (b) With an adult nonrelative approved by the court for
 2182  long-term custody;
 2183         (c) With a person who is considering the adoption of a
 2184  child in the manner provided for by law;
 2185         (d) When limited, except as provided in paragraph (b), to
 2186  temporary emergency situations, with a responsible adult
 2187  approved by the court;
 2188         (e) With a person or family approved by the department to
 2189  serve as a medical foster home;
 2190         (f)(e) With a person or agency licensed by the department
 2191  in accordance with s. 409.175; or
 2192         (g)(f) In a subsidized independent living situation,
 2193  subject to the provisions of s. 409.1451(4)(c),
 2194  
 2195  under such conditions as are determined to be for the best
 2196  interests or the welfare of the child. Any child placed in an
 2197  institution or in a family home by the department or its agency
 2198  may be removed by the department or its agency, and such other
 2199  disposition may be made as is for the best interest of the
 2200  child, including transfer of the child to another institution,
 2201  another home, or the home of the child. Expenditure of funds
 2202  appropriated for out-of-home care can be used to meet the needs
 2203  of a child in the child’s own home or the home of a relative if
 2204  the child can be safely served in the child’s own home or that
 2205  of a relative if placement can be avoided by the expenditure of
 2206  such funds, and if the expenditure of such funds in this manner
 2207  is equal to or less than the cost of out-of-home placement
 2208  calculated by the department to be a potential cost savings.
 2209         Section 27. Paragraph (c) of subsection (2) of section
 2210  409.967, Florida Statutes, is amended to read:
 2211         409.967 Managed care plan accountability.—
 2212         (2) The agency shall establish such contract requirements
 2213  as are necessary for the operation of the statewide managed care
 2214  program. In addition to any other provisions the agency may deem
 2215  necessary, the contract must require:
 2216         (c) Access.—
 2217         1. The agency shall establish specific standards for the
 2218  number, type, and regional distribution of providers in managed
 2219  care plan networks to ensure access to care for both adults and
 2220  children. Each plan must maintain a regionwide network of
 2221  providers in sufficient numbers to meet the access standards for
 2222  specific medical services for all recipients enrolled in the
 2223  plan. The exclusive use of mail-order pharmacies may not be
 2224  sufficient to meet network access standards. Consistent with the
 2225  standards established by the agency, provider networks may
 2226  include providers located outside the region. A plan may
 2227  contract with a new hospital facility before the date the
 2228  hospital becomes operational if the hospital has commenced
 2229  construction, will be licensed and operational by January 1,
 2230  2013, and a final order has issued in any civil or
 2231  administrative challenge. Each plan shall establish and maintain
 2232  an accurate and complete electronic database of contracted
 2233  providers, including information about licensure or
 2234  registration, locations and hours of operation, specialty
 2235  credentials and other certifications, specific performance
 2236  indicators, and such other information as the agency deems
 2237  necessary. The database must be available online to both the
 2238  agency and the public and have the capability to compare the
 2239  availability of providers to network adequacy standards and to
 2240  accept and display feedback from each provider’s patients. Each
 2241  plan shall submit quarterly reports to the agency identifying
 2242  the number of enrollees assigned to each primary care provider.
 2243         2. Each managed care plan must publish any prescribed drug
 2244  formulary or preferred drug list on the plan’s website in a
 2245  manner that is accessible to and searchable by enrollees and
 2246  providers. The plan must update the list within 24 hours after
 2247  making a change. Each plan must ensure that the prior
 2248  authorization process for prescribed drugs is readily accessible
 2249  to health care providers, including posting appropriate contact
 2250  information on its website and providing timely responses to
 2251  providers. For Medicaid recipients diagnosed with hemophilia who
 2252  have been prescribed anti-hemophilic-factor replacement
 2253  products, the agency shall provide for those products and
 2254  hemophilia overlay services through the agency’s hemophilia
 2255  disease management program.
 2256         3. Managed care plans, and their fiscal agents or
 2257  intermediaries, must accept prior authorization requests for any
 2258  service electronically.
 2259         4. Managed care plans serving children in the care and
 2260  custody of the Department of Children and Families or serving
 2261  parents of such children must maintain complete medical, dental,
 2262  and behavioral health information and provide such information
 2263  to the department for inclusion in the state’s child welfare
 2264  data system. Using such documentation, the agency and the
 2265  department shall determine the plan’s compliance with standards
 2266  for access to medical, dental, and behavioral health services;
 2267  the use of psychotropic medications; and followup on all
 2268  medically necessary services recommended as a result of early
 2269  and periodic screening, diagnosis, and treatment.
 2270         Section 28. Paragraph (f) is added to subsection (2) of
 2271  section 409.972, Florida Statutes, to read:
 2272         409.972 Mandatory and voluntary enrollment.—
 2273         (2) The following Medicaid-eligible persons are exempt from
 2274  mandatory managed care enrollment required by s. 409.965, and
 2275  may voluntarily choose to participate in the managed medical
 2276  assistance program:
 2277         (f) Medicaid recipients residing in a group home facility
 2278  licensed under chapter 393.
 2279         Section 29. The Division of Law Revision and Information is
 2280  directed to create part V of chapter 409, Florida Statutes,
 2281  consisting of ss. 409.986-409.997, to be entitled “Community
 2282  based child welfare.”
 2283         Section 30. Section 409.986, Florida Statutes, is created
 2284  to read:
 2285         409.986 Legislative findings and intent; child protection
 2286  and child welfare outcomes; definitions.—
 2287         (1) LEGISLATIVE FINDINGS AND INTENT.—
 2288         (a) It is the intent of the Legislature that the Department
 2289  of Children and Families provide child protection and child
 2290  welfare services to children through contracting with community
 2291  based care lead agencies. Counties that provide children and
 2292  family services with at least 40 licensed residential group care
 2293  beds by July 1, 2003, and that provide at least $2 million
 2294  annually in county general revenue funds to supplement foster
 2295  and family care services shall continue to contract directly
 2296  with the state. It is the further intent of the Legislature that
 2297  communities have responsibility for and participate in ensuring
 2298  safety, permanence, and well-being for all children in the
 2299  state.
 2300         (b) The Legislature finds that when private entities assume
 2301  responsibility for the care of children in the child protection
 2302  and child welfare system, comprehensive oversight of the
 2303  programmatic, administrative, and fiscal operation of those
 2304  entities is essential. The Legislature further finds that the
 2305  appropriate care of children is ultimately the responsibility of
 2306  the state and that outsourcing such care does not relieve the
 2307  state of its responsibility to ensure that appropriate care is
 2308  provided.
 2309         (2) CHILD PROTECTION AND CHILD WELFARE OUTCOMES.—It is the
 2310  goal of the department to protect the best interest of children
 2311  by achieving the following outcomes in conjunction with the
 2312  community-based care lead agency, community-based
 2313  subcontractors, and the community alliance:
 2314         (a) Children are first and foremost protected from abuse
 2315  and neglect.
 2316         (b) Children are safely maintained in their homes, if
 2317  possible and appropriate.
 2318         (c) Services are provided to protect children and prevent
 2319  their removal from their home.
 2320         (d) Children have permanency and stability in their living
 2321  arrangements.
 2322         (e) Family relationships and connections are preserved for
 2323  children.
 2324         (f) Families have enhanced capacity to provide for their
 2325  children’s needs.
 2326         (g) Children receive appropriate services to meet their
 2327  educational needs.
 2328         (h) Children receive services to meet their physical and
 2329  mental health needs.
 2330         (i) Children develop the capacity for independent living
 2331  and competence as an adult.
 2332         (3) DEFINITIONS.—As used in this part, except as otherwise
 2333  provided, the term:
 2334         (a) “Care” means services of any kind which are designed to
 2335  facilitate a child remaining safely in his or her own home,
 2336  returning safely to his or her own home if he or she is removed
 2337  from the home, or obtaining an alternative permanent home if he
 2338  or she cannot remain at home or be returned home. The term
 2339  includes, but is not be limited to, prevention, diversion, and
 2340  related services.
 2341         (b) “Child” or “children” has the same meaning as provided
 2342  in s. 39.01.
 2343         (c) “Community alliance” or “alliance” means the group of
 2344  stakeholders, community leaders, client representatives, and
 2345  funders of human services established pursuant to s. 20.19(5) to
 2346  provide a focal point for community participation and oversight
 2347  of community-based services.
 2348         (d) “Community-based care lead agency” or “lead agency”
 2349  means a single entity with which the department has a contract
 2350  for the provision of care for children in the child protection
 2351  and child welfare system in a community that is no smaller than
 2352  a county and no larger than two contiguous judicial circuits.
 2353  The secretary of the department may authorize more than one
 2354  eligible lead agency within a single county if doing so will
 2355  result in more effective delivery of services to children.
 2356         (e) “Related services” includes, but is not limited to,
 2357  family preservation, independent living, emergency shelter,
 2358  residential group care, foster care, therapeutic foster care,
 2359  intensive residential treatment, foster care supervision, case
 2360  management, coordination of mental health services,
 2361  postplacement supervision, permanent foster care, and family
 2362  reunification.
 2363         Section 31. Section 409.987, Florida Statutes, is created
 2364  to read:
 2365         409.987 Lead agency procurement.—
 2366         (1) Community-based care lead agencies shall be procured by
 2367  the department through a competitive process as required under
 2368  chapter 287.
 2369         (2) The department shall produce a schedule for the
 2370  procurement of community-based care lead agencies and provide
 2371  the schedule to the community alliances established pursuant to
 2372  s. 20.19(5) and post the schedule on the department’s website.
 2373         (3) Notwithstanding s. 287.057, the department shall use 5
 2374  year contracts with lead agencies.
 2375         (4) In order to serve as a lead agency, an entity must:
 2376         (a) Be organized as a Florida corporation or a governmental
 2377  entity.
 2378         (b) Be governed by a board of directors or a board
 2379  committee composed of board members. The membership of the board
 2380  of directors or board committee must be described in the bylaws
 2381  or articles of incorporation of each lead agency, which must
 2382  provide that at least 75 percent of the membership of the board
 2383  of directors or board committee must consist of persons residing
 2384  in this state, and at least 51 percent of the state residents on
 2385  the board of directors must reside within the service area of
 2386  the lead agency. However, for procurements of lead agency
 2387  contracts initiated on or after July 1, 2014:
 2388         1. At least 75 percent of the membership of the board of
 2389  directors must consist of persons residing in this state, and at
 2390  least 51 percent of the membership of the board of directors
 2391  must consist of persons residing within the service area of the
 2392  lead agency. If a board committee governs the lead agency, 100
 2393  percent of its membership must consist of persons residing
 2394  within the service area of the lead agency.
 2395         2. The powers of the board of directors or board committee
 2396  include, are not limited to, approving the lead agency’s budget
 2397  and setting the lead agency’s operational policy and procedures.
 2398  A board of directors must additionally have the power to hire
 2399  the lead agency’s executive director, unless a board committee
 2400  governs the lead agency, in which case the board committee must
 2401  have the power to confirm the selection of the lead agency’s
 2402  executive director.
 2403         (c) Demonstrate financial responsibility through an
 2404  organized plan for regular fiscal audits and the posting of a
 2405  performance bond.
 2406         (5) The department’s procurement team procuring any lead
 2407  agencies’ contracts must include individuals from the community
 2408  alliance in the area to be served under the contract. All
 2409  meetings at which vendors make presentations to or negotiate
 2410  with the procurement team shall be held in the area to be served
 2411  by the contract.
 2412         Section 32. Section 409.988, Florida Statutes, is created
 2413  to read:
 2414         409.988 Lead agency duties; general provisions.—
 2415         (1) DUTIES.—A lead agency:
 2416         (a) Shall serve all children referred as a result of a
 2417  report of abuse, neglect, or abandonment to the department’s
 2418  central abuse hotline, including, but not limited to, children
 2419  who are the subject of verified reports and children who are not
 2420  the subject of verified reports but who are at moderate to
 2421  extremely high risk of abuse, neglect, or abandonment, as
 2422  determined using the department’s risk assessment instrument,
 2423  regardless of the level of funding allocated to the lead agency
 2424  by the state if all related funding is transferred. The lead
 2425  agency may also serve children who have not been the subject of
 2426  reports of abuse, neglect, or abandonment, but who are at risk
 2427  of abuse, neglect, or abandonment, to prevent their entry into
 2428  the child protection and child welfare system.
 2429         (b) Shall provide accurate and timely information necessary
 2430  for oversight by the department pursuant to the child welfare
 2431  results-oriented accountability system required by s. 409.997.
 2432         (c) Shall follow the financial guidelines developed by the
 2433  department and provide for a regular independent auditing of its
 2434  financial activities. Such financial information shall be
 2435  provided to the community alliance established under s.
 2436  20.19(5).
 2437         (d) Shall post on its website the current budget for the
 2438  lead agency, including the Internal Revenue Service Form 990 for
 2439  the agency’s chief executive officer, chief financial officer,
 2440  and chief operating officer, or their equivalents.
 2441         (e) Shall prepare all judicial reviews, case plans, and
 2442  other reports necessary for court hearings for dependent
 2443  children, except those related to the investigation of a
 2444  referral from the department’s child abuse hotline, and shall
 2445  submit these documents timely to the department’s attorneys for
 2446  review, any necessary revision, and filing with the court. The
 2447  lead agency shall make the necessary staff available to
 2448  department attorneys for preparation for dependency proceedings,
 2449  and shall provide testimony and other evidence required for
 2450  dependency court proceedings in coordination with the
 2451  department’s attorneys. This duty does not include the
 2452  preparation of legal pleadings or other legal documents, which
 2453  remain the responsibility of the department.
 2454         (f) Shall ensure that all individuals providing care for
 2455  dependent children receive appropriate training and meet the
 2456  minimum employment standards established by the department.
 2457         (g) Shall maintain eligibility to receive all available
 2458  federal child welfare funds.
 2459         (h) Shall maintain written agreements with Healthy Families
 2460  Florida lead entities in its service area pursuant to s. 409.153
 2461  to promote cooperative planning for the provision of prevention
 2462  and intervention services.
 2463         (i) Shall comply with federal and state statutory
 2464  requirements and agency rules in the provision of contractual
 2465  services.
 2466         (j) May subcontract for the provision of services required
 2467  by the contract with the lead agency and the department;
 2468  however, the subcontracts must specify how the provider will
 2469  contribute to the lead agency meeting the performance standards
 2470  established pursuant to the child welfare results-oriented
 2471  accountability system required by s. 409.997. The lead agency
 2472  shall directly provide no more than 35 percent of all child
 2473  welfare services provided.
 2474         (k) Shall post on its website by the 15th day of each month
 2475  at a minimum the information contained in subparagraphs 1.-4.
 2476  for the preceding calendar month regarding its case management
 2477  services. The following information shall be reported by each
 2478  individual subcontracted case management provider, by the lead
 2479  agency, if the lead agency provides case management services,
 2480  and in total for all case management services subcontracted or
 2481  directly provided by the lead agency:
 2482         1. The average caseload of case managers, including only
 2483  filled positions;
 2484         2. The turnover rate for case managers and case management
 2485  supervisors for the previous 12 months;
 2486         3. The percentage of required home visits completed; and
 2487         4. Performance on outcome measures required pursuant to s.
 2488  409.997 for the previous 12 months.
 2489         (2) LICENSURE.—
 2490         (a) A lead agency must be licensed as a child-caring or
 2491  child-placing agency by the department under this chapter.
 2492         (b) Each foster home, therapeutic foster home, emergency
 2493  shelter, or other placement facility operated by the lead agency
 2494  must be licensed by the department under chapter 402 or this
 2495  chapter.
 2496         (c) Substitute care providers who are licensed under s.
 2497  409.175 and who have contracted with a lead agency are also
 2498  authorized to provide registered or licensed family day care
 2499  under s. 402.313 if such care is consistent with federal law and
 2500  if the home has met the requirements of s. 402.313.
 2501         (d) In order to eliminate or reduce the number of duplicate
 2502  inspections by various program offices, the department shall
 2503  coordinate inspections required for licensure of agencies under
 2504  this subsection.
 2505         (e) The department may adopt rules to administer this
 2506  subsection.
 2507         (3) SERVICES.—A lead agency must serve dependent children
 2508  through services that are supported by research or are best
 2509  child welfare practices. The agency may also provide innovative
 2510  services, including, but not limited to, family-centered,
 2511  cognitive-behavioral, trauma-informed interventions designed to
 2512  mitigate out-of-home placements.
 2513         (4) LEAD AGENCY ACTING AS GUARDIAN.—
 2514         (a) If a lead agency or other provider has accepted case
 2515  management responsibilities for a child who is sheltered or
 2516  found to be dependent and who is assigned to the care of the
 2517  lead agency or other provider, the agency or provider may act as
 2518  the child’s guardian for the purpose of registering the child in
 2519  school if a parent or guardian of the child is unavailable and
 2520  his or her whereabouts cannot reasonably be ascertained.
 2521         (b) The lead agency or other provider may also seek
 2522  emergency medical attention for the child, but only if a parent
 2523  or guardian of the child is unavailable, the parent or
 2524  guardian’s whereabouts cannot reasonably be ascertained, and a
 2525  court order for such emergency medical services cannot be
 2526  obtained because of the severity of the emergency or because it
 2527  is after normal working hours.
 2528         (c) A lead agency or other provider may not consent to
 2529  sterilization, abortion, or termination of life support.
 2530         (d) If a child’s parents’ rights have been terminated, the
 2531  lead agency shall act as guardian of the child in all
 2532  circumstances.
 2533         Section 33. Section 409.990, Florida Statutes, is created
 2534  to read:
 2535         409.990 Funding for lead agencies.—A contract established
 2536  between the department and a lead agency must be funded by a
 2537  grant of general revenue, other applicable state funds, or
 2538  applicable federal funding sources.
 2539         (1) The method of payment for a fixed-price contract with a
 2540  lead agency must provide for a 2-month advance payment at the
 2541  beginning of each fiscal year and equal monthly payments
 2542  thereafter.
 2543         (2) Notwithstanding s. 215.425, all documented federal
 2544  funds earned for the current fiscal year by the department and
 2545  lead agencies which exceed the amount appropriated by the
 2546  Legislature shall be distributed to all entities that
 2547  contributed to the excess earnings based on a schedule and
 2548  methodology developed by the department and approved by the
 2549  Executive Office of the Governor.
 2550         (a) Distribution shall be pro rata, based on total
 2551  earnings, and shall be made only to those entities that
 2552  contributed to excess earnings.
 2553         (b) Excess earnings of lead agencies shall be used only in
 2554  the service district in which they were earned.
 2555         (c) Additional state funds appropriated by the Legislature
 2556  for lead agencies or made available pursuant to the budgetary
 2557  amendment process described in s. 216.177 shall be transferred
 2558  to the lead agencies.
 2559         (d) The department shall amend a lead agency’s contract to
 2560  permit expenditure of the funds.
 2561         (3) Notwithstanding any other provision of this section,
 2562  the amount of the annual contract for a lead agency may be
 2563  increased by excess federal funds earned in accordance with s.
 2564  216.181(11).
 2565         (4) Each contract with a lead agency shall provide for the
 2566  payment by the department to the lead agency of a reasonable
 2567  administrative cost in addition to funding for the provision of
 2568  services.
 2569         (5) A lead agency may carry forward documented unexpended
 2570  state funds from one fiscal year to the next; however, the
 2571  cumulative amount carried forward may not exceed 8 percent of
 2572  the total contract. Any unexpended state funds in excess of that
 2573  percentage must be returned to the department.
 2574         (a) The funds carried forward may not be used in any way
 2575  that would create increased recurring future obligations, and
 2576  such funds may not be used for any type of program or service
 2577  that is not currently authorized by the existing contract with
 2578  the department.
 2579         (b) Expenditures of funds carried forward must be
 2580  separately reported to the department.
 2581         (c) Any unexpended funds that remain at the end of the
 2582  contract period shall be returned to the department.
 2583         (d) Funds carried forward may be retained through any
 2584  contract renewals and any new procurements as long as the same
 2585  lead agency is retained by the department.
 2586         (6) It is the intent of the Legislature to improve services
 2587  and local participation in community-based care initiatives by
 2588  fostering community support and providing enhanced prevention
 2589  and in-home services, thereby reducing the risk otherwise faced
 2590  by lead agencies. A community partnership matching grant program
 2591  is established and shall be operated by the department to
 2592  encourage local participation in community-based care for
 2593  children in the child welfare system. A children’s services
 2594  council or another local entity that makes a financial
 2595  commitment to a community-based care lead agency may be eligible
 2596  for a matching grant. The total amount of the local contribution
 2597  may be matched on a one-to-one basis up to a maximum annual
 2598  amount of $500,000 per lead agency. Awarded matching grant funds
 2599  may be used for any prevention or in-home services that can be
 2600  reasonably expected to reduce the number of children entering
 2601  the child welfare system. Funding available for the matching
 2602  grant program is subject to legislative appropriation of
 2603  nonrecurring funds provided for this purpose.
 2604         (7)(a) The department, in consultation with the Florida
 2605  Coalition for Children, Inc., shall develop and implement a
 2606  community-based care risk pool initiative to mitigate the
 2607  financial risk to eligible lead agencies. This initiative must
 2608  include:
 2609         1. A risk pool application and protocol developed by the
 2610  department which outlines submission criteria, including, but
 2611  not limited to, financial and program management, descriptive
 2612  data requirements, and timeframes for submission of
 2613  applications. Requests for funding from risk pool applicants
 2614  must be based on relevant and verifiable service trends and
 2615  changes that have occurred during the current fiscal year. The
 2616  application must confirm that expenditure of approved risk pool
 2617  funds by the lead agency will be completed within the current
 2618  fiscal year.
 2619         2. A risk pool peer review committee, appointed by the
 2620  secretary and consisting of department staff and representatives
 2621  from at least three nonapplicant lead agencies, which reviews
 2622  and assesses all risk pool applications. Upon completion of each
 2623  application review, the peer review committee shall report its
 2624  findings and recommendations to the secretary, providing, at a
 2625  minimum, the following information:
 2626         a. Justification for the specific funding amount required
 2627  by the risk pool applicant based on the current year’s service
 2628  trend data, including validation that the applicant’s financial
 2629  need was caused by circumstances beyond the control of the lead
 2630  agency management;
 2631         b. Verification that the proposed use of risk pool funds
 2632  meets at least one of the purposes specified in paragraph (c);
 2633  and
 2634         c. Evidence of technical assistance provided in an effort
 2635  to avoid the need to access the risk pool and recommendations
 2636  for technical assistance to the lead agency to ensure that risk
 2637  pool funds are expended effectively and that the agency’s need
 2638  for future risk pool funding is diminished.
 2639         (b) Upon approval by the secretary of a risk pool
 2640  application, the department may request funds from the risk pool
 2641  in accordance with s. 216.181(6)(a).
 2642         (c) The purposes for which the community-based care risk
 2643  pool shall be used include:
 2644         1. Significant changes in the number or composition of
 2645  clients eligible to receive services.
 2646         2. Significant changes in the services that are eligible
 2647  for reimbursement.
 2648         3. Continuity of care in the event of failure,
 2649  discontinuance of service, or financial misconduct by a lead
 2650  agency.
 2651         4. Significant changes in the mix of available funds.
 2652         (d) The department may also request in its annual
 2653  legislative budget request, and the Governor may recommend, that
 2654  the funding necessary to effect paragraph (c) be appropriated to
 2655  the department. In addition, the department may request the
 2656  allocation of funds from the community-based care risk pool in
 2657  accordance with s. 216.181(6)(a). Funds from the pool may be
 2658  used to match available federal dollars.
 2659         1. Such funds shall constitute partial security for
 2660  contract performance by lead agencies and shall be used to
 2661  offset the need for a performance bond.
 2662         2. The department may separately require a bond to mitigate
 2663  the financial consequences of potential acts of malfeasance or
 2664  misfeasance or criminal violations by the service provider.
 2665         Section 34. Section 409.16713, Florida Statutes, is
 2666  transferred and renumbered as section 409.991, Florida Statutes,
 2667  and paragraph (a) of subsection (1) of that section is amended,
 2668  to read:
 2669         409.991 409.16713 Allocation of funds for community-based
 2670  care lead agencies.—
 2671         (1) As used in this section, the term:
 2672         (a) “Core services funding” means all funds allocated to
 2673  community-based care lead agencies operating under contract with
 2674  the department pursuant to s. 409.987 s. 409.1671, with the
 2675  following exceptions:
 2676         1. Funds appropriated for independent living;
 2677         2. Funds appropriated for maintenance adoption subsidies;
 2678         3. Funds allocated by the department for protective
 2679  investigations training;
 2680         4. Nonrecurring funds;
 2681         5. Designated mental health wrap-around services funds; and
 2682         6. Funds for special projects for a designated community
 2683  based care lead agency.
 2684         Section 35. Section 409.992, Florida Statutes, is created
 2685  to read:
 2686         409.992 Lead agency expenditures.—
 2687         (1) The procurement of commodities or contractual services
 2688  by lead agencies shall be governed by the financial guidelines
 2689  developed by the department and must comply with applicable
 2690  state and federal law and follow good business practices.
 2691  Pursuant to s. 11.45, the Auditor General may provide technical
 2692  advice in the development of the financial guidelines.
 2693         (2) Notwithstanding any other provision of law, a
 2694  community-based care lead agency may make expenditures for staff
 2695  cellular telephone allowances, contracts requiring deferred
 2696  payments and maintenance agreements, security deposits for
 2697  office leases, related agency professional membership dues other
 2698  than personal professional membership dues, promotional
 2699  materials, and grant writing services. Expenditures for food and
 2700  refreshments, other than those provided to clients in the care
 2701  of the agency or to foster parents, adoptive parents, and
 2702  caseworkers during training sessions, are not allowable.
 2703         (3) A lead community-based care agency and its
 2704  subcontractors are exempt from state travel policies as provided
 2705  in s. 112.061(3)(a) for their travel expenses incurred in order
 2706  to comply with the requirements of this section.
 2707         Section 36. Section 409.993, Florida Statutes, is created
 2708  to read:
 2709         409.993 Lead agencies and subcontractor liability.—
 2710         (1) FINDINGS.—
 2711         (a) The Legislature finds that the state has traditionally
 2712  provided foster care services to children who are the
 2713  responsibility of the state. As such, foster children have not
 2714  had the right to recover for injuries beyond the limitations
 2715  specified in s. 768.28. The Legislature has determined that
 2716  foster care and related services should be outsourced pursuant
 2717  to this section and that the provision of such services is of
 2718  paramount importance to the state. The purpose of such
 2719  outsourcing is to increase the level of safety, security, and
 2720  stability of children who are or become the responsibility of
 2721  the state. One of the components necessary to secure a safe and
 2722  stable environment for such children is the requirement that
 2723  private providers maintain liability insurance. As such,
 2724  insurance needs to be available and remain available to
 2725  nongovernmental foster care and related services providers
 2726  without the resources of such providers being significantly
 2727  reduced by the cost of maintaining such insurance.
 2728         (b) The Legislature further finds that, by requiring the
 2729  following minimum levels of insurance, children in outsourced
 2730  foster care and related services will gain increased protection
 2731  and rights of recovery in the event of injury than currently
 2732  provided in s. 768.28.
 2733         (2) LEAD AGENCY LIABILITY.—
 2734         (a) Other than an entity to which s. 768.28 applies, an
 2735  eligible community-based care lead agency, or its employees or
 2736  officers, except as otherwise provided in paragraph (b), shall,
 2737  as a part of its contract, obtain a minimum of $1 million per
 2738  occurrence with a policy period aggregate limit of $3 million in
 2739  general liability insurance coverage. The lead agency must also
 2740  require that staff who transport client children and families in
 2741  their personal automobiles in order to carry out their job
 2742  responsibilities obtain minimum bodily injury liability
 2743  insurance in the amount of $100,000 per person per any one
 2744  automobile accident, and subject to such limits for each person,
 2745  $300,000 for all damages resulting from any one automobile
 2746  accident, on their personal automobiles. In lieu of personal
 2747  motor vehicle insurance, the lead agency’s casualty, liability,
 2748  or motor vehicle insurance carrier may provide nonowned
 2749  automobile liability coverage. This insurance provides liability
 2750  insurance for an automobile that the lead agency uses in
 2751  connection with the lead agency’s business but does not own,
 2752  lease, rent, or borrow. This coverage includes an automobile
 2753  owned by an employee of the lead agency or a member of the
 2754  employee’s household but only while the automobile is used in
 2755  connection with the lead agency’s business. The nonowned
 2756  automobile coverage for the lead agency applies as excess
 2757  coverage over any other collectible insurance. The personal
 2758  automobile policy for the employee of the lead agency shall be
 2759  primary insurance, and the nonowned automobile coverage of the
 2760  lead agency acts as excess insurance to the primary insurance.
 2761  The lead agency shall provide a minimum limit of $1 million in
 2762  nonowned automobile coverage. In a tort action brought against
 2763  such a lead agency or employee, net economic damages shall be
 2764  limited to $2 million per liability claim and $200,000 per
 2765  automobile claim, including, but not limited to, past and future
 2766  medical expenses, wage loss, and loss of earning capacity,
 2767  offset by any collateral source payment paid or payable. In any
 2768  tort action brought against a lead agency, noneconomic damages
 2769  shall be limited to $400,000 per claim. A claims bill may be
 2770  brought on behalf of a claimant pursuant to s. 768.28 for any
 2771  amount exceeding the limits specified in this paragraph. Any
 2772  offset of collateral source payments made as of the date of the
 2773  settlement or judgment shall be in accordance with s. 768.76.
 2774  The lead agency is not liable in tort for the acts or omissions
 2775  of its subcontractors or the officers, agents, or employees of
 2776  its subcontractors.
 2777         (b) The liability of a lead agency described in this
 2778  section shall be exclusive and in place of all other liability
 2779  of such lead agency. The same immunities from liability enjoyed
 2780  by such lead agencies shall extend to each employee of the lead
 2781  agency if he or she is acting in furtherance of the lead
 2782  agency’s business, including the transportation of clients
 2783  served, as described in this subsection, in privately owned
 2784  vehicles. Such immunities are not applicable to a lead agency or
 2785  an employee who acts in a culpably negligent manner or with
 2786  willful and wanton disregard or unprovoked physical aggression
 2787  if such acts result in injury or death or such acts proximately
 2788  cause such injury or death. Such immunities are not applicable
 2789  to employees of the same lead agency when each is operating in
 2790  the furtherance of the agency’s business, but they are assigned
 2791  primarily to unrelated work within private or public employment.
 2792  The same immunity provisions enjoyed by a lead agency also apply
 2793  to any sole proprietor, partner, corporate officer or director,
 2794  supervisor, or other person who, in the course and scope of his
 2795  or her duties, acts in a managerial or policymaking capacity and
 2796  the conduct that caused the alleged injury arose within the
 2797  course and scope of those managerial or policymaking duties. As
 2798  used in this subsection and subsection (3), the term “culpably
 2799  negligent manner” means reckless indifference or grossly
 2800  careless disregard of human life.
 2801         (3) SUBCONTRACTOR LIABILITY.—
 2802         (a) A subcontractor of an eligible community-based care
 2803  lead agency that is a direct provider of foster care and related
 2804  services to children and families, and its employees or
 2805  officers, except as otherwise provided in paragraph (b), must,
 2806  as a part of its contract, obtain a minimum of $1 million per
 2807  occurrence with a policy period aggregate limit of $3 million in
 2808  general liability insurance coverage. The subcontractor of a
 2809  lead agency must also require that staff who transport client
 2810  children and families in their personal automobiles in order to
 2811  carry out their job responsibilities obtain minimum bodily
 2812  injury liability insurance in the amount of $100,000 per person
 2813  in any one automobile accident, and subject to such limits for
 2814  each person, $300,000 for all damages resulting from any one
 2815  automobile accident, on their personal automobiles. In lieu of
 2816  personal motor vehicle insurance, the subcontractor’s casualty,
 2817  liability, or motor vehicle insurance carrier may provide
 2818  nonowned automobile liability coverage. This insurance provides
 2819  liability insurance for automobiles that the subcontractor uses
 2820  in connection with the subcontractor’s business but does not
 2821  own, lease, rent, or borrow. This coverage includes automobiles
 2822  owned by the employees of the subcontractor or a member of the
 2823  employee’s household but only while the automobiles are used in
 2824  connection with the subcontractor’s business. The nonowned
 2825  automobile coverage for the subcontractor applies as excess
 2826  coverage over any other collectible insurance. The personal
 2827  automobile policy for the employee of the subcontractor shall be
 2828  primary insurance, and the nonowned automobile coverage of the
 2829  subcontractor acts as excess insurance to the primary insurance.
 2830  The subcontractor shall provide a minimum limit of $1 million in
 2831  nonowned automobile coverage. In a tort action brought against
 2832  such subcontractor or employee, net economic damages shall be
 2833  limited to $2 million per liability claim and $200,000 per
 2834  automobile claim, including, but not limited to, past and future
 2835  medical expenses, wage loss, and loss of earning capacity,
 2836  offset by any collateral source payment paid or payable. In a
 2837  tort action brought against such subcontractor, noneconomic
 2838  damages shall be limited to $400,000 per claim. A claims bill
 2839  may be brought on behalf of a claimant pursuant to s. 768.28 for
 2840  any amount exceeding the limits specified in this paragraph. Any
 2841  offset of collateral source payments made as of the date of the
 2842  settlement or judgment shall be in accordance with s. 768.76.
 2843         (b) The liability of a subcontractor of a lead agency that
 2844  is a direct provider of foster care and related services as
 2845  described in this section is exclusive and in place of all other
 2846  liability of such provider. The same immunities from liability
 2847  enjoyed by such subcontractor provider extend to each employee
 2848  of the subcontractor when such employee is acting in furtherance
 2849  of the subcontractor’s business, including the transportation of
 2850  clients served, as described in this subsection, in privately
 2851  owned vehicles. Such immunities are not applicable to a
 2852  subcontractor or an employee who acts in a culpably negligent
 2853  manner or with willful and wanton disregard or unprovoked
 2854  physical aggression if such acts result in injury or death or if
 2855  such acts proximately cause such injury or death. Such
 2856  immunities are not applicable to employees of the same
 2857  subcontractor who are operating in the furtherance of the
 2858  subcontractor’s business but are assigned primarily to unrelated
 2859  works within private or public employment. The same immunity
 2860  provisions enjoyed by a subcontractor also apply to any sole
 2861  proprietor, partner, corporate officer or director, supervisor,
 2862  or other person who, in the course and scope of his or her
 2863  duties, acts in a managerial or policymaking capacity and the
 2864  conduct that caused the alleged injury arose within the course
 2865  and scope of those managerial or policymaking duties.
 2866         (4) LIMITATIONS ON DAMAGES.—The Legislature is cognizant of
 2867  the increasing costs of goods and services each year and
 2868  recognizes that fixing a set amount of compensation has the
 2869  effect of a reduction in compensation each year. Accordingly,
 2870  the conditional limitations on damages in this section shall be
 2871  increased at the rate of 5 percent each year, prorated from July
 2872  1, 2014, to the date at which damages subject to such
 2873  limitations are awarded by final judgment or settlement.
 2874         Section 37. Section 409.1675, Florida Statutes, is
 2875  transferred, renumbered as section 409.994, Florida Statutes,
 2876  and amended to read:
 2877         409.994 409.1675Lead Community-based care lead agencies
 2878  providers; receivership.—
 2879         (1) The Department of Children and Families Family Services
 2880  may petition a court of competent jurisdiction for the
 2881  appointment of a receiver for a lead community-based care lead
 2882  agency provider established pursuant to s. 409.987 if s.
 2883  409.1671 when any of the following conditions exist:
 2884         (a) The lead agency community-based provider is operating
 2885  without a license as a child-placing agency.
 2886         (b) The lead agency community-based provider has given less
 2887  than 120 days’ notice of its intent to cease operations, and
 2888  arrangements have not been made for another lead agency
 2889  community-based provider or for the department to continue the
 2890  uninterrupted provision of services.
 2891         (c) The department determines that conditions exist in the
 2892  lead agency community-based provider which present an imminent
 2893  danger to the health, safety, or welfare of the dependent
 2894  children under that agency’s provider’s care or supervision.
 2895  Whenever possible, the department shall make a reasonable effort
 2896  to facilitate the continued operation of the program.
 2897         (d) The lead agency community-based provider cannot meet
 2898  its current financial obligations to its employees, contractors,
 2899  or foster parents. Issuance of bad checks or the existence of
 2900  delinquent obligations for payment of salaries, utilities, or
 2901  invoices for essential services or commodities shall constitute
 2902  prima facie evidence that the lead agency community-based
 2903  provider lacks the financial ability to meet its financial
 2904  obligations.
 2905         (2)(a) The petition for receivership shall take precedence
 2906  over other court business unless the court determines that some
 2907  other pending proceeding, having statutory precedence, has
 2908  priority.
 2909         (b) A hearing shall be conducted within 5 days after the
 2910  filing of the petition, at which time interested parties shall
 2911  have the opportunity to present evidence as to whether a
 2912  receiver should be appointed. The department shall give
 2913  reasonable notice of the hearing on the petition to the lead
 2914  agency community-based provider.
 2915         (c) The court shall grant the petition upon finding that
 2916  one or more of the conditions in subsection (1) exists and the
 2917  continued existence of the condition or conditions jeopardizes
 2918  the health, safety, or welfare of dependent children. A receiver
 2919  may be appointed ex parte when the court determines that one or
 2920  more of the conditions in subsection (1) exists. After such
 2921  finding, the court may appoint any person, including an employee
 2922  of the department who is qualified by education, training, or
 2923  experience to carry out the duties of the receiver pursuant to
 2924  this section, except that the court may shall not appoint any
 2925  member of the governing board or any officer of the lead agency
 2926  community-based provider. The receiver may be selected from a
 2927  list of persons qualified to act as receivers which is developed
 2928  by the department and presented to the court with each petition
 2929  of receivership.
 2930         (d) A receiver may be appointed for up to 90 days, and the
 2931  department may petition the court for additional 30-day
 2932  extensions. Sixty days after appointment of a receiver and every
 2933  30 days thereafter until the receivership is terminated, the
 2934  department shall submit to the court an assessment of the lead
 2935  agency’s community-based provider’s ability to ensure the
 2936  health, safety, and welfare of the dependent children under its
 2937  supervision.
 2938         (3) The receiver shall take such steps as are reasonably
 2939  necessary to ensure the continued health, safety, and welfare of
 2940  the dependent children under the supervision of the lead agency
 2941  community-based provider and shall exercise those powers and
 2942  perform those duties set out by the court, including, but not
 2943  limited to:
 2944         (a) Taking such action as is reasonably necessary to
 2945  protect or conserve the assets or property of the lead agency
 2946  community-based provider. The receiver may use the assets and
 2947  property and any proceeds from any transfer thereof only in the
 2948  performance of the powers and duties provided set forth in this
 2949  section and by order of the court.
 2950         (b) Using the assets of the lead agency community-based
 2951  provider in the provision of care and services to dependent
 2952  children.
 2953         (c) Entering into contracts and hiring agents and employees
 2954  to carry out the powers and duties of the receiver under this
 2955  section.
 2956         (d) Having full power to direct, manage, hire, and
 2957  discharge employees of the lead agency community-based provider.
 2958  The receiver shall hire and pay new employees at the rate of
 2959  compensation, including benefits, approved by the court.
 2960         (e) Honoring all leases, mortgages, and contractual
 2961  obligations of the lead agency community-based provider, but
 2962  only to the extent of payments that become due during the period
 2963  of the receivership.
 2964         (4)(a) The receiver shall deposit funds received in a
 2965  separate account and shall use this account for all
 2966  disbursements.
 2967         (b) A payment to the receiver of any sum owing to the lead
 2968  agency community-based provider shall discharge any obligation
 2969  to the provider to the extent of the payment.
 2970         (5) A receiver may petition the court for temporary relief
 2971  from obligations entered into by the lead agency community-based
 2972  provider if the rent, price, or rate of interest required to be
 2973  paid under the agreement was substantially in excess of a
 2974  reasonable rent, price, or rate of interest at the time the
 2975  contract was entered into, or if any material provision of the
 2976  agreement was unreasonable when compared to contracts negotiated
 2977  under similar conditions. Any relief in this form provided by
 2978  the court shall be limited to the life of the receivership,
 2979  unless otherwise determined by the court.
 2980         (6) The court shall set the compensation of the receiver,
 2981  which shall be considered a necessary expense of a receivership
 2982  and may grant to the receiver such other authority necessary to
 2983  ensure the health, safety, and welfare of the children served.
 2984         (7) A receiver may be held liable in a personal capacity
 2985  only for the receiver’s own gross negligence, intentional acts,
 2986  or breaches of fiduciary duty. This section may shall not be
 2987  interpreted to be a waiver of sovereign immunity should the
 2988  department be appointed receiver.
 2989         (8) If the receiver is not the department, the court may
 2990  require a receiver to post a bond to ensure the faithful
 2991  performance of these duties.
 2992         (9) The court may terminate a receivership when:
 2993         (a) The court determines that the receivership is no longer
 2994  necessary because the conditions that gave rise to the
 2995  receivership no longer exist; or
 2996         (b) The department has entered into a contract with a new
 2997  lead agency community-based provider pursuant to s. 409.987 s.
 2998  409.1671, and that contractor is ready and able to assume the
 2999  duties of the previous lead agency provider.
 3000         (10) Within 30 days after the termination, unless this time
 3001  period is extended by the court, the receiver shall give the
 3002  court a complete accounting of all property of which the
 3003  receiver has taken possession, of all funds collected and
 3004  disbursed, and of the expenses of the receivership.
 3005         (11) Nothing in This section does not shall be construed to
 3006  relieve any employee of the lead agency community-based provider
 3007  placed in receivership of any civil or criminal liability
 3008  incurred, or any duty imposed by law, by reason of acts or
 3009  omissions of the employee before prior to the appointment of a
 3010  receiver, and; nor shall anything contained in this section does
 3011  not be construed to suspend during the receivership any
 3012  obligation of the employee for payment of taxes or other
 3013  operating or maintenance expenses of the lead agency community
 3014  based provider or for the payment of mortgages or liens. The
 3015  lead agency community-based provider shall retain the right to
 3016  sell or mortgage any facility under receivership, subject to the
 3017  prior approval of the court that ordered the receivership.
 3018         Section 38. Section 409.996, Florida Statutes, is created
 3019  to read:
 3020         409.996 Duties of the Department of Children and Families.
 3021  The department shall contract for the delivery, administration,
 3022  or management of care for children in the child protection and
 3023  child welfare system. In doing so, the department retains
 3024  responsibility for the quality of contracted services and
 3025  programs and shall ensure that services are delivered in
 3026  accordance with applicable federal and state statutes and
 3027  regulations.
 3028         (1) The department shall enter into contracts with lead
 3029  agencies for the performance of the duties by the lead agencies
 3030  pursuant to s. 409.988. At a minimum, the contracts must:
 3031         (a) Provide for the services needed to accomplish the
 3032  duties established in s. 409.988 and provide information to the
 3033  department which is necessary to meet the requirements for a
 3034  quality assurance program pursuant to subsection (18) and the
 3035  child welfare results-oriented accountability system pursuant to
 3036  s. 409.997.
 3037         (b) Provide for graduated penalties for failure to comply
 3038  with contract terms. Such penalties may include financial
 3039  penalties, enhanced monitoring and reporting, corrective action
 3040  plans, and early termination of contracts or other appropriate
 3041  action to ensure contract compliance.
 3042         (c) Ensure that the lead agency shall furnish current and
 3043  accurate information on its activities in all cases in client
 3044  case records in the state’s statewide automated child welfare
 3045  information system.
 3046         (d) Specify the procedures to be used by the parties to
 3047  resolve differences in interpreting the contract or to resolve
 3048  disputes as to the adequacy of the parties’ compliance with
 3049  their respective obligations under the contract.
 3050         (2) The department must adopt written policies and
 3051  procedures for monitoring the contract for delivery of services
 3052  by lead agencies which must be posted on the department’s
 3053  website. These policies and procedures must, at a minimum,
 3054  address the evaluation of fiscal accountability and program
 3055  operations, including provider achievement of performance
 3056  standards, provider monitoring of subcontractors, and timely
 3057  followup of corrective actions for significant monitoring
 3058  findings related to providers and subcontractors. These policies
 3059  and procedures must also include provisions for reducing the
 3060  duplication of the department’s program monitoring activities
 3061  both internally and with other agencies, to the extent possible.
 3062  The department’s written procedures must ensure that the written
 3063  findings, conclusions, and recommendations from monitoring the
 3064  contract for services of lead agencies are communicated to the
 3065  director of the provider agency and the community alliance as
 3066  expeditiously as possible.
 3067         (3) The department shall receive federal and state funds as
 3068  appropriated for the operation of the child welfare system,
 3069  transmit these funds to the lead agencies as agreed to in the
 3070  contract, and provide information on its website of the
 3071  distribution of the federal funds. The department retains
 3072  responsibility for the appropriate spending of these funds. The
 3073  department shall monitor lead agencies to assess compliance with
 3074  the financial guidelines established pursuant to s. 409.992 and
 3075  other applicable state and federal laws.
 3076         (4) The department shall provide technical assistance and
 3077  consultation to lead agencies in the provision of care to
 3078  children in the child protection and child welfare system.
 3079         (5) The department retains the responsibility for the
 3080  review, approval or denial, and issuances of all foster home
 3081  licenses.
 3082         (6) The department shall process all applications submitted
 3083  by lead agencies for the Interstate Compact on the Placement of
 3084  Children and the Interstate Compact on Adoption and Medical
 3085  Assistance.
 3086         (7) The department shall assist lead agencies with access
 3087  to and coordination with other service programs within the
 3088  department.
 3089         (8) The department shall determine Medicaid eligibility for
 3090  all referred children and shall coordinate services with the
 3091  Agency for Health Care Administration.
 3092         (9) The department shall develop, in cooperation with the
 3093  lead agencies, a third-party credentialing entity approved
 3094  pursuant to s. 402.40(3), and the Florida Institute for Child
 3095  Welfare established pursuant to s. 1004.615, a standardized
 3096  competency-based curriculum for certification training for child
 3097  protection staff.
 3098         (10) The department shall maintain the statewide adoptions
 3099  website and provide information and training to the lead
 3100  agencies relating to the website.
 3101         (11) The department shall provide training and assistance
 3102  to lead agencies regarding the responsibility of lead agencies
 3103  relating to children receiving supplemental security income,
 3104  social security, railroad retirement, or veterans’ benefits.
 3105         (12) With the assistance of a lead agency, the department
 3106  shall develop and implement statewide and local interagency
 3107  agreements needed to coordinate services for children and
 3108  parents involved in the child welfare system who are also
 3109  involved with the Agency for Persons with Disabilities, the
 3110  Department of Juvenile Justice, the Department of Education, the
 3111  Department of Health, and other governmental organizations that
 3112  share responsibilities for children or parents in the child
 3113  welfare system.
 3114         (13) With the assistance of a lead agency, the department
 3115  shall develop and implement a working agreement between the lead
 3116  agency and the substance abuse and mental health managing entity
 3117  to integrate services and supports for children and parents
 3118  serviced in the child welfare system.
 3119         (14) The department shall work with the Agency for Health
 3120  Care Administration to provide each Medicaid-eligible child with
 3121  early and periodic screening, diagnosis, and treatment,
 3122  including 72-hour screening, periodic child health checkups, and
 3123  prescribed followup for ordered services, including, but not
 3124  limited to, medical, dental, and vision care.
 3125         (15) The department shall assist lead agencies in
 3126  developing an array of services in compliance with the Title IV
 3127  E waiver and shall monitor the provision of such services.
 3128         (16) The department shall provide a mechanism to allow lead
 3129  agencies to request a waiver of department policies and
 3130  procedures that create inefficiencies or inhibit the performance
 3131  of the lead agency’s duties.
 3132         (17) The department shall directly or through contract
 3133  provide attorneys to prepare and present cases in dependency
 3134  court and shall ensure that the court is provided with adequate
 3135  information for informed decisionmaking in dependency cases,
 3136  including a face sheet for each case which lists the names and
 3137  contact information for any child protective investigator, child
 3138  protective investigation supervisor, case manager, and case
 3139  manager supervisor, and the regional department official
 3140  responsible for the lead agency contract. The department shall
 3141  provide to the court the case information and recommendations
 3142  provided by the lead agency or subcontractor. For the Sixth
 3143  Judicial Circuit, the department shall contract with the state
 3144  attorney for the provision of these services.
 3145         (18) The department, in consultation with lead agencies,
 3146  shall establish a quality assurance program for contracted
 3147  services to dependent children. The quality assurance program
 3148  shall be based on standards established by federal and state law
 3149  and national accrediting organizations.
 3150         (a) The department must evaluate each lead agency under
 3151  contract at least annually. These evaluations shall cover the
 3152  programmatic, operational, and fiscal operations of the lead
 3153  agency and must be consistent with the child welfare results
 3154  oriented accountability system required by s. 409.997. The
 3155  department must consult with dependency judges in the circuit or
 3156  circuits served by the lead agency on the performance of the
 3157  lead agency.
 3158         (b) The department and each lead agency shall monitor out
 3159  of-home placements, including the extent to which sibling groups
 3160  are placed together or provisions to provide visitation and
 3161  other contacts if siblings are separated. The data shall
 3162  identify reasons for sibling separation. Information related to
 3163  sibling placement shall be incorporated into the results
 3164  oriented accountability system required pursuant to s. 409.997
 3165  and in the evaluation of the outcome specified in s.
 3166  409.986(2)(e). The information related to sibling placement
 3167  shall also be made available to the institute established
 3168  pursuant s. 1004.615 for use in assessing the performance of
 3169  child welfare services in relation to the outcome specified in
 3170  s. 409.986(2)(e).
 3171         (c)The department shall, to the extent possible, use
 3172  independent financial audits provided by the lead agency to
 3173  eliminate or reduce the ongoing contract and administrative
 3174  reviews conducted by the department. If the department
 3175  determines that such independent financial audits are
 3176  inadequate, other audits, as necessary, may be conducted by the
 3177  department. This paragraph does not abrogate the requirements of
 3178  s. 215.97.
 3179         (d) The department may suggest additional items to be
 3180  included in such independent financial audits to meet the
 3181  department’s needs.
 3182         (e) The department may outsource programmatic,
 3183  administrative, or fiscal monitoring oversight of lead agencies.
 3184         (f) A lead agency must assure that all subcontractors are
 3185  subject to the same quality assurance activities as the lead
 3186  agency.
 3187         (19) The department and its attorneys have the
 3188  responsibility to ensure that the court is fully informed about
 3189  issues before it, to make recommendations to the court, and to
 3190  present competent evidence, including testimony by the
 3191  department’s employees, contractors, and subcontractors, as well
 3192  as other individuals, to support all recommendations made to the
 3193  court. The department’s attorneys shall coordinate lead agency
 3194  or subcontractor staff to ensure that dependency cases are
 3195  presented appropriately to the court, giving deference to the
 3196  information developed by the case manager and direction to the
 3197  case manager if more information is needed.
 3198         (20) The department, in consultation with lead agencies,
 3199  shall develop a dispute resolution process so that disagreements
 3200  between legal staff, investigators, and case management staff
 3201  can be resolved in the best interest of the child in question
 3202  before court appearances regarding that child.
 3203         (21) The department shall periodically, and before
 3204  procuring a lead agency, solicit comments and recommendations
 3205  from the community alliance established in s. 20.19(5), any
 3206  other community groups, or public hearings. The recommendations
 3207  must include, but are not limited to:
 3208         (a) The current and past performance of a lead agency.
 3209         (b) The relationship between a lead agency and its
 3210  community partners.
 3211         (c) Any local conditions or service needs in child
 3212  protection and child welfare.
 3213         Section 39. Effective January 1, 2015, section 409.997,
 3214  Florida Statutes, is created to read:
 3215         409.997 Child welfare results-oriented accountability
 3216  system.—
 3217         (1) The department, the community-based care lead agencies,
 3218  and the lead agencies’ subcontractors share the responsibility
 3219  for achieving the outcome goals specified in s. 409.986(2).
 3220         (2) In order to assess the achievement of the outcome goals
 3221  specified in s. 409.986(2), the department shall maintain a
 3222  comprehensive, results-oriented accountability system that
 3223  monitors the use of resources, the quality and amount of
 3224  services provided, and child and family outcomes through data
 3225  analysis, research review, evaluation, and quality improvement.
 3226  The system shall provide information about individual entities’
 3227  performance as well as the performance of groups of entities
 3228  working together as an integrated system of care on a local,
 3229  regional, and statewide basis. The department shall issue a
 3230  request for information for the accountability system to
 3231  identify system development and implementation approaches,
 3232  technical and operational solutions, timeframes for
 3233  implementation, pricing and costs, and implementation
 3234  considerations; assess respondents’ experience in providing
 3235  similar systems and interest in providing the accountability
 3236  system; and generate any other information determined by the
 3237  department to be useful in establishing the system. The
 3238  department shall provide a report to the Governor, the President
 3239  of the Senate, and the Speaker of the House of Representatives
 3240  by February 1, 2015, summarizing the responses and providing the
 3241  department’s recommendations regarding procurement and
 3242  implementation of the system. In maintaining the accountability
 3243  system, the department shall:
 3244         (a) Identify valid and reliable outcome measures for each
 3245  of the goals specified in this subsection. The outcome data set
 3246  must consist of a limited number of understandable measures
 3247  using available data to quantify outcomes as children move
 3248  through the system of care. Such measures may aggregate multiple
 3249  variables that affect the overall achievement of the outcome
 3250  goals. Valid and reliable measures must be based on adequate
 3251  sample sizes, be gathered over suitable time periods, and
 3252  reflect authentic rather than spurious results, and may not be
 3253  susceptible to manipulation.
 3254         (b) Implement a monitoring system to track the identified
 3255  outcome measures on a statewide, regional, and provider-specific
 3256  basis. The monitoring system must identify trends and chart
 3257  progress toward achievement of the goals specified s.
 3258  409.986(2). The requirements of the monitoring system may be
 3259  incorporated into the quality assurance program required under
 3260  s. 409.996(18). The monitoring system shall track the placement
 3261  of siblings in the child welfare system, including the extent to
 3262  which siblings are placed together and, if the siblings are not
 3263  placed together, the efforts to maintain the relationship
 3264  between siblings through face-to-face visitation and written and
 3265  electronic contact.
 3266         (c) Develop and maintain an analytical system that builds
 3267  on the outcomes monitoring system to assess the statistical
 3268  validity of observed associations between child welfare
 3269  interventions and the measured outcomes. The analysis must use
 3270  quantitative methods to adjust for variations in demographic or
 3271  other conditions. The analysis must include longitudinal studies
 3272  to evaluate longer-term outcomes such as continued safety,
 3273  family permanence, and transition to self-sufficiency. The
 3274  analysis may also include qualitative research methods to
 3275  provide insight into statistical patterns.
 3276         (d) Develop and maintain a program of research review to
 3277  identify interventions that are supported by evidence as
 3278  causally linked to improved outcomes.
 3279         (e) Support an ongoing process of evaluation to determine
 3280  the efficacy and effectiveness of various interventions.
 3281  Efficacy evaluation is intended to determine the validity of a
 3282  causal relationship between an intervention and an outcome.
 3283  Effectiveness evaluation is intended to determine the extent to
 3284  which the results can be generalized.
 3285         (f) Develop and maintain an inclusive, interactive, and
 3286  evidence-supported program of quality improvement which promotes
 3287  individual skill building as well as organizational learning.
 3288         (g) Develop and implement a method for making the results
 3289  of the accountability system transparent for all parties
 3290  involved in the child welfare system as well as policymakers and
 3291  the public. The presentation of the results shall provide a
 3292  comprehensible, visual report card for the state and each
 3293  community-based care region, indicating the current status
 3294  relative to each goal and trends in that status over time. The
 3295  presentation shall identify and report outcome measures that
 3296  assess the performance of the department, the community-based
 3297  care lead agency, and the lead agency’s subcontractors working
 3298  together as an integrated system of care.
 3299         (3) The department shall establish a technical advisory
 3300  panel consisting of representatives from the Florida Institute
 3301  for Child Welfare established in s. 1004.615, lead agencies,
 3302  community-based care providers, other contract providers,
 3303  community alliances, and family representatives. The President
 3304  of the Senate and the Speaker of the House of Representatives
 3305  shall each appoint a member to serve as a legislative liaison to
 3306  the panel. The technical advisory panel shall advise the
 3307  department on meeting the requirements of this section.
 3308         (4) The accountability system may not rank or compare
 3309  performance among community-based care regions unless adequate
 3310  and specific adjustments are adopted that account for the
 3311  diversity in regions’ demographics, resources, and other
 3312  relevant characteristics.
 3313         (5) The results of the accountability system must provide
 3314  the basis for performance incentives if funds for such payments
 3315  are made available through the General Appropriations Act.
 3316         (6) At least quarterly, the department shall make the
 3317  results of the accountability system available to the public
 3318  through publication on its website. The website must allow for
 3319  custom searches of the performance data.
 3320         (7) By October 1 of each year, the department shall submit
 3321  a report on the statewide and individual community-based care
 3322  lead agency results for child protection and child welfare
 3323  systems. The department shall use the accountability system and
 3324  consult with the community alliance and the chief judge or
 3325  judges in the community-based care service area to prepare the
 3326  report. The report shall be submitted to the Governor, the
 3327  President of the Senate, and the Speaker of the House of
 3328  Representatives.
 3329         Section 40. Section 827.10, Florida Statutes, is created to
 3330  read:
 3331         827.10 Unlawful desertion of a child.—
 3332         (1) As used in this section, the term:
 3333         (a) “Care” means support and services necessary to maintain
 3334  the child’s physical and mental health, including, but not
 3335  limited to, food, nutrition, clothing, shelter, supervision,
 3336  medicine, and medical services that a prudent person would
 3337  consider essential for the well-being of the child.
 3338         (b) “Caregiver” has the same meaning as provided in s.
 3339  39.01.
 3340         (c) “Child” means a child for whose care the caregiver is
 3341  legally responsible.
 3342         (d) “Desertion” or “deserts” means to leave a child in a
 3343  place or with a person other than a relative with the intent not
 3344  to return to the child and with the intent not to provide for
 3345  the care of the child.
 3346         (e) “Relative” has the same meaning as provided in s.
 3347  39.01.
 3348         (2) A caregiver who deserts a child under circumstances in
 3349  which the caregiver knew or should have known that the desertion
 3350  exposes the child to unreasonable risk of harm commits a felony
 3351  of the third degree, punishable as provided in s. 775.082, s.
 3352  775.083, or s. 775.084.
 3353         (3) This section does not apply to a person who surrenders
 3354  a newborn infant in compliance with s. 383.50.
 3355         (4) This section does not preclude prosecution for a
 3356  criminal act under any other law, including, but not limited to,
 3357  prosecution of child abuse or neglect of a child under s.
 3358  827.03.
 3359         Section 41. Paragraph (d) of subsection (4) of section
 3360  985.04, Florida Statutes, is amended to read:
 3361         985.04 Oaths; records; confidential information.—
 3362         (4)
 3363         (d) The department shall disclose to the school
 3364  superintendent the presence of any child in the care and custody
 3365  or under the jurisdiction or supervision of the department who
 3366  has a known history of criminal sexual behavior with other
 3367  juveniles; is an alleged to have committed juvenile sexual abuse
 3368  offender, as defined in s. 39.01; or has pled guilty or nolo
 3369  contendere to, or has been found to have committed, a violation
 3370  of chapter 794, chapter 796, chapter 800, s. 827.071, or s.
 3371  847.0133, regardless of adjudication. Any employee of a district
 3372  school board who knowingly and willfully discloses such
 3373  information to an unauthorized person commits a misdemeanor of
 3374  the second degree, punishable as provided in s. 775.082 or s.
 3375  775.083.
 3376         Section 42. Section 1004.615, Florida Statutes, is created
 3377  to read:
 3378         1004.615 Florida Institute for Child Welfare.—
 3379         (1) There is established the Florida Institute for Child
 3380  Welfare within the Florida State University College of Social
 3381  Work. The purpose of the institute is to advance the well-being
 3382  of children and families by improving the performance of child
 3383  protection and child welfare services through research, policy
 3384  analysis, evaluation, and leadership development. The institute
 3385  shall consist of a consortium of public and private universities
 3386  offering degrees in social work and shall be housed within the
 3387  Florida State University College of Social Work.
 3388         (2) Using such resources as authorized in the General
 3389  Appropriations Act, the Department of Children and Families
 3390  shall contract with the institute for performance of the duties
 3391  described in subsection (4) using state appropriations, public
 3392  and private grants, and other resources obtained by the
 3393  institute.
 3394         (3) The institute shall work with the department, sheriffs
 3395  providing child protective investigative services, community
 3396  based care lead agencies, community-based care provider
 3397  organizations, the court system, the Department of Juvenile
 3398  Justice, the Florida Coalition Against Domestic Violence, and
 3399  other partners who contribute to and participate in providing
 3400  child protection and child welfare services.
 3401         (4) The institute shall:
 3402         (a) Maintain a program of research which contributes to
 3403  scientific knowledge and informs both policy and practice
 3404  related to child safety, permanency, and child and family well
 3405  being.
 3406         (b) Advise the department and other organizations
 3407  participating in the child protection and child welfare system
 3408  regarding scientific evidence on policy and practice related to
 3409  child safety, permanency, and child and family well-being.
 3410         (c) Provide advice regarding management practices and
 3411  administrative processes used by the department and other
 3412  organizations participating in the child protection and child
 3413  welfare system and recommend improvements that reduce
 3414  burdensome, ineffective requirements for frontline staff and
 3415  their supervisors while enhancing their ability to effectively
 3416  investigate, analyze, problem solve, and supervise.
 3417         (d) Assess the performance of child protection and child
 3418  welfare services based on specific outcome measures.
 3419         (e) Evaluate the scope and effectiveness of preservice and
 3420  inservice training for child protection and child welfare
 3421  employees and advise and assist the department in efforts to
 3422  improve such training.
 3423         (f) Assess the readiness of social work graduates to assume
 3424  job responsibilities in the child protection and child welfare
 3425  system and identify gaps in education which can be addressed
 3426  through the modification of curricula or the establishment of
 3427  industry certifications.
 3428         (g) Develop and maintain a program of professional support
 3429  including training courses and consulting services that assist
 3430  both individuals and organizations in implementing adaptive and
 3431  resilient responses to workplace stress.
 3432         (h) Participate in the department’s critical incident
 3433  response team, assist in the preparation of reports about such
 3434  incidents, and support the committee review of reports and
 3435  development of recommendations.
 3436         (i) Identify effective policies and promising practices,
 3437  including, but not limited to, innovations in coordination
 3438  between entities participating in the child protection and child
 3439  welfare system, data analytics, working with the local
 3440  community, and management of human service organizations, and
 3441  communicate these findings to the department and other
 3442  organizations participating in the child protection and child
 3443  welfare system.
 3444         (j) Develop a definition of a child or family at high risk
 3445  of abuse or neglect. Such a definition must consider
 3446  characteristics associated with a greater probability of abuse
 3447  and neglect.
 3448         (5) The President of the Florida State University shall
 3449  appoint a director of the institute. The director must be a
 3450  child welfare professional with a degree in social work who
 3451  holds a faculty appointment in the Florida State University
 3452  College of Social Work. The institute shall be administered by
 3453  the director, and the director’s office shall be located at the
 3454  Florida State University. The director is responsible for
 3455  overall management of the institute and for developing and
 3456  executing the work of the institute consistent with the
 3457  responsibilities in subsection (4). The director shall engage
 3458  individuals in other state universities with accredited colleges
 3459  of social work to participate in the institute. Individuals from
 3460  other university programs relevant to the institute’s work,
 3461  including, but not limited to, economics, management, law,
 3462  medicine, and education, may also be invited by the director to
 3463  contribute to the institute. The universities participating in
 3464  the institute shall provide facilities, staff, and other
 3465  resources to the institute to establish statewide access to
 3466  institute programs and services.
 3467         (6) By October 1 of each year, the institute shall provide
 3468  a written report to the Governor, the President of the Senate,
 3469  and the Speaker of the House of Representatives which outlines
 3470  its activities in the preceding year, reports significant
 3471  research findings, as well as results of other programs, and
 3472  provides specific recommendations for improving child protection
 3473  and child welfare services.
 3474         (a) The institute shall include an evaluation of the
 3475  results of the educational and training requirements for child
 3476  protection and child welfare personnel established under this
 3477  act and recommendations for application of the results to child
 3478  protection personnel employed by sheriff’s offices providing
 3479  child protection services in its report due October 1, 2017.
 3480         (b) The institute shall include an evaluation of the
 3481  effects of the other provisions of this act and recommendations
 3482  for improvements in child protection and child welfare services
 3483  in its report due October 1, 2018.
 3484         (7)The institute shall submit a report with
 3485  recommendations for improving the state’s child welfare system.
 3486  The report shall address topics including, but not limited to,
 3487  enhancing working relationships between the entities involved in
 3488  the child protection and child welfare system, identification of
 3489  and replication of best practices, reducing paperwork,
 3490  increasing the retention of child protective investigators and
 3491  case managers, and caring for medically complex children within
 3492  the child welfare system, with the goal of allowing the child to
 3493  remain in the least restrictive and most nurturing environment.
 3494  The institute shall submit an interim report by February 1,
 3495  2015, and final report by October 1, 2015, to the Governor, the
 3496  President of the Senate, and the Speaker of the House of
 3497  Representatives.
 3498         Section 43. Paragraph (h) is added to subsection (1) of
 3499  section 1009.25, Florida Statutes, to read:
 3500         1009.25 Fee exemptions.—
 3501         (1) The following students are exempt from the payment of
 3502  tuition and fees, including lab fees, at a school district that
 3503  provides workforce education programs, Florida College System
 3504  institution, or state university:
 3505         (h) Pursuant to s. 402.403, child protection and child
 3506  welfare personnel as defined in s. 402.402 who are enrolled in
 3507  an accredited bachelor’s degree or master’s degree in social
 3508  work program, provided that the student attains at least a grade
 3509  of “B” in all courses for which tuition and fees are exempted.
 3510         Section 44. Section 402.401, Florida Statutes, is repealed.
 3511         Section 45. Section 409.1671, Florida Statutes, is
 3512  repealed.
 3513         Section 46. Section 409.16715, Florida Statutes, is
 3514  repealed.
 3515         Section 47. Section 409.16745, Florida Statutes, is
 3516  repealed.
 3517         Section 48. Section 1004.61, Florida Statutes, is repealed.
 3518         Section 49. Paragraph (g) of subsection (1) of section
 3519  39.201, Florida Statutes, is amended to read:
 3520         39.201 Mandatory reports of child abuse, abandonment, or
 3521  neglect; mandatory reports of death; central abuse hotline.—
 3522         (1)
 3523         (g) Nothing in this chapter or in the contracting with
 3524  community-based care providers for foster care and related
 3525  services as specified in s. 409.987 s. 409.1671 shall be
 3526  construed to remove or reduce the duty and responsibility of any
 3527  person, including any employee of the community-based care
 3528  provider, to report a suspected or actual case of child abuse,
 3529  abandonment, or neglect or the sexual abuse of a child to the
 3530  department’s central abuse hotline.
 3531         Section 50. Subsection (1) of section 39.302, Florida
 3532  Statutes, is amended to read:
 3533         39.302 Protective investigations of institutional child
 3534  abuse, abandonment, or neglect.—
 3535         (1) The department shall conduct a child protective
 3536  investigation of each report of institutional child abuse,
 3537  abandonment, or neglect. Upon receipt of a report that alleges
 3538  that an employee or agent of the department, or any other entity
 3539  or person covered by s. 39.01(32) s. 39.01(33) or (47), acting
 3540  in an official capacity, has committed an act of child abuse,
 3541  abandonment, or neglect, the department shall initiate a child
 3542  protective investigation within the timeframe established under
 3543  s. 39.201(5) and notify the appropriate state attorney, law
 3544  enforcement agency, and licensing agency, which shall
 3545  immediately conduct a joint investigation, unless independent
 3546  investigations are more feasible. When conducting investigations
 3547  or having face-to-face interviews with the child, investigation
 3548  visits shall be unannounced unless it is determined by the
 3549  department or its agent that unannounced visits threaten the
 3550  safety of the child. If a facility is exempt from licensing, the
 3551  department shall inform the owner or operator of the facility of
 3552  the report. Each agency conducting a joint investigation is
 3553  entitled to full access to the information gathered by the
 3554  department in the course of the investigation. A protective
 3555  investigation must include an interview with the child’s parent
 3556  or legal guardian. The department shall make a full written
 3557  report to the state attorney within 3 working days after making
 3558  the oral report. A criminal investigation shall be coordinated,
 3559  whenever possible, with the child protective investigation of
 3560  the department. Any interested person who has information
 3561  regarding the offenses described in this subsection may forward
 3562  a statement to the state attorney as to whether prosecution is
 3563  warranted and appropriate. Within 15 days after the completion
 3564  of the investigation, the state attorney shall report the
 3565  findings to the department and shall include in the report a
 3566  determination of whether or not prosecution is justified and
 3567  appropriate in view of the circumstances of the specific case.
 3568         Section 51. Subsection (1) of section 39.524, Florida
 3569  Statutes, is amended to read:
 3570         39.524 Safe-harbor placement.—
 3571         (1) Except as provided in s. 39.407 or s. 985.801, a
 3572  dependent child 6 years of age or older who has been found to be
 3573  a victim of sexual exploitation as defined in s. 39.01(68)(g) s.
 3574  39.01(67)(g) must be assessed for placement in a safe house as
 3575  provided in s. 409.1678. The assessment shall be conducted by
 3576  the department or its agent and shall incorporate and address
 3577  current and historical information from any law enforcement
 3578  reports; psychological testing or evaluation that has occurred;
 3579  current and historical information from the guardian ad litem,
 3580  if one has been assigned; current and historical information
 3581  from any current therapist, teacher, or other professional who
 3582  has knowledge of the child and has worked with the child; and
 3583  any other information concerning the availability and
 3584  suitability of safe-house placement. If such placement is
 3585  determined to be appropriate as a result of this assessment, the
 3586  child may be placed in a safe house, if one is available. As
 3587  used in this section, the term “available” as it relates to a
 3588  placement means a placement that is located within the circuit
 3589  or otherwise reasonably accessible.
 3590         Section 52. Subsection (6) of section 316.613, Florida
 3591  Statutes, is amended to read:
 3592         316.613 Child restraint requirements.—
 3593         (6) The child restraint requirements imposed by this
 3594  section do not apply to a chauffeur-driven taxi, limousine,
 3595  sedan, van, bus, motor coach, or other passenger vehicle if the
 3596  operator and the motor vehicle are hired and used for the
 3597  transportation of persons for compensation. It is the obligation
 3598  and responsibility of the parent, guardian, or other person
 3599  responsible for a child’s welfare, as defined in s. 39.01(47),
 3600  to comply with the requirements of this section.
 3601         Section 53. Subsections (1), (3), and (5) of section
 3602  409.1676, Florida Statutes, are amended to read:
 3603         409.1676 Comprehensive residential group care services to
 3604  children who have extraordinary needs.—
 3605         (1) It is the intent of the Legislature to provide
 3606  comprehensive residential group care services, including
 3607  residential care, case management, and other services, to
 3608  children in the child protection system who have extraordinary
 3609  needs. These services are to be provided in a residential group
 3610  care setting by a not-for-profit corporation or a local
 3611  government entity under a contract with the Department of
 3612  Children and Families Family Services or by a lead agency as
 3613  described in s. 409.987 s. 409.1671. These contracts should be
 3614  designed to provide an identified number of children with access
 3615  to a full array of services for a fixed price. Further, it is
 3616  the intent of the Legislature that the Department of Children
 3617  and Families Family Services and the Department of Juvenile
 3618  Justice establish an interagency agreement by December 1, 2002,
 3619  which describes respective agency responsibilities for referral,
 3620  placement, service provision, and service coordination for
 3621  dependent and delinquent youth who are referred to these
 3622  residential group care facilities. The agreement must require
 3623  interagency collaboration in the development of terms,
 3624  conditions, and performance outcomes for residential group care
 3625  contracts serving the youth referred who have been adjudicated
 3626  both dependent and delinquent.
 3627         (3) The department, in accordance with a specific
 3628  appropriation for this program, shall contract with a not-for
 3629  profit corporation, a local government entity, or the lead
 3630  agency that has been established in accordance with s. 409.987
 3631  s. 409.1671 for the performance of residential group care
 3632  services described in this section. A lead agency that is
 3633  currently providing residential care may provide this service
 3634  directly with the approval of the local community alliance. The
 3635  department or a lead agency may contract for more than one site
 3636  in a county if that is determined to be the most effective way
 3637  to achieve the goals set forth in this section.
 3638         (5) The department may transfer all casework
 3639  responsibilities for children served under this program to the
 3640  entity that provides this service, including case management and
 3641  development and implementation of a case plan in accordance with
 3642  current standards for child protection services. When the
 3643  department establishes this program in a community that has a
 3644  lead agency as described in s. 409.987 s. 409.1671, the casework
 3645  responsibilities must be transferred to the lead agency.
 3646         Section 54. Subsection (2) of section 409.1677, Florida
 3647  Statutes, is amended to read:
 3648         409.1677 Model comprehensive residential services
 3649  programs.—
 3650         (2) The department shall establish a model comprehensive
 3651  residential services program in Manatee and Miami-Dade Counties
 3652  through a contract with the designated lead agency established
 3653  in accordance with s. 409.987 s. 409.1671 or with a private
 3654  entity capable of providing residential group care and home
 3655  based care and experienced in the delivery of a range of
 3656  services to foster children, if no lead agency exists. These
 3657  model programs are to serve that portion of eligible children
 3658  within each county which is specified in the contract, based on
 3659  funds appropriated, to include a full array of services for a
 3660  fixed price. The private entity or lead agency is responsible
 3661  for all programmatic functions necessary to carry out the intent
 3662  of this section.
 3663         Section 55. Paragraph (d) of subsection (1) of section
 3664  409.1678, Florida Statutes, is amended to read:
 3665         409.1678 Safe harbor for children who are victims of sexual
 3666  exploitation.—
 3667         (1) As used in this section, the term:
 3668         (d) “Sexually exploited child” means a dependent child who
 3669  has suffered sexual exploitation as defined in s. 39.01(68)(g)
 3670  s. 39.01(67)(g) and is ineligible for relief and benefits under
 3671  the federal Trafficking Victims Protection Act, 22 U.S.C. ss.
 3672  7101 et seq.
 3673         Section 56. Subsection (24) of section 409.906, Florida
 3674  Statutes, is amended to read:
 3675         409.906 Optional Medicaid services.—Subject to specific
 3676  appropriations, the agency may make payments for services which
 3677  are optional to the state under Title XIX of the Social Security
 3678  Act and are furnished by Medicaid providers to recipients who
 3679  are determined to be eligible on the dates on which the services
 3680  were provided. Any optional service that is provided shall be
 3681  provided only when medically necessary and in accordance with
 3682  state and federal law. Optional services rendered by providers
 3683  in mobile units to Medicaid recipients may be restricted or
 3684  prohibited by the agency. Nothing in this section shall be
 3685  construed to prevent or limit the agency from adjusting fees,
 3686  reimbursement rates, lengths of stay, number of visits, or
 3687  number of services, or making any other adjustments necessary to
 3688  comply with the availability of moneys and any limitations or
 3689  directions provided for in the General Appropriations Act or
 3690  chapter 216. If necessary to safeguard the state’s systems of
 3691  providing services to elderly and disabled persons and subject
 3692  to the notice and review provisions of s. 216.177, the Governor
 3693  may direct the Agency for Health Care Administration to amend
 3694  the Medicaid state plan to delete the optional Medicaid service
 3695  known as “Intermediate Care Facilities for the Developmentally
 3696  Disabled.” Optional services may include:
 3697         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 3698  Health Care Administration, in consultation with the Department
 3699  of Children and Families Family Services, may establish a
 3700  targeted case-management project in those counties identified by
 3701  the Department of Children and Families Family Services and for
 3702  all counties with a community-based child welfare project, as
 3703  authorized under s. 409.987 s. 409.1671, which have been
 3704  specifically approved by the department. The covered group of
 3705  individuals who are eligible to receive targeted case management
 3706  include children who are eligible for Medicaid; who are between
 3707  the ages of birth through 21; and who are under protective
 3708  supervision or postplacement supervision, under foster-care
 3709  supervision, or in shelter care or foster care. The number of
 3710  individuals who are eligible to receive targeted case management
 3711  is limited to the number for whom the Department of Children and
 3712  Families Family Services has matching funds to cover the costs.
 3713  The general revenue funds required to match the funds for
 3714  services provided by the community-based child welfare projects
 3715  are limited to funds available for services described under s.
 3716  409.990 s. 409.1671. The Department of Children and Families
 3717  Family Services may transfer the general revenue matching funds
 3718  as billed by the Agency for Health Care Administration.
 3719         Section 57. Paragraph (b) of subsection (4) of section
 3720  409.912, Florida Statutes, is amended to read:
 3721         409.912 Cost-effective purchasing of health care.—The
 3722  agency shall purchase goods and services for Medicaid recipients
 3723  in the most cost-effective manner consistent with the delivery
 3724  of quality medical care. To ensure that medical services are
 3725  effectively utilized, the agency may, in any case, require a
 3726  confirmation or second physician’s opinion of the correct
 3727  diagnosis for purposes of authorizing future services under the
 3728  Medicaid program. This section does not restrict access to
 3729  emergency services or poststabilization care services as defined
 3730  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 3731  shall be rendered in a manner approved by the agency. The agency
 3732  shall maximize the use of prepaid per capita and prepaid
 3733  aggregate fixed-sum basis services when appropriate and other
 3734  alternative service delivery and reimbursement methodologies,
 3735  including competitive bidding pursuant to s. 287.057, designed
 3736  to facilitate the cost-effective purchase of a case-managed
 3737  continuum of care. The agency shall also require providers to
 3738  minimize the exposure of recipients to the need for acute
 3739  inpatient, custodial, and other institutional care and the
 3740  inappropriate or unnecessary use of high-cost services. The
 3741  agency shall contract with a vendor to monitor and evaluate the
 3742  clinical practice patterns of providers in order to identify
 3743  trends that are outside the normal practice patterns of a
 3744  provider’s professional peers or the national guidelines of a
 3745  provider’s professional association. The vendor must be able to
 3746  provide information and counseling to a provider whose practice
 3747  patterns are outside the norms, in consultation with the agency,
 3748  to improve patient care and reduce inappropriate utilization.
 3749  The agency may mandate prior authorization, drug therapy
 3750  management, or disease management participation for certain
 3751  populations of Medicaid beneficiaries, certain drug classes, or
 3752  particular drugs to prevent fraud, abuse, overuse, and possible
 3753  dangerous drug interactions. The Pharmaceutical and Therapeutics
 3754  Committee shall make recommendations to the agency on drugs for
 3755  which prior authorization is required. The agency shall inform
 3756  the Pharmaceutical and Therapeutics Committee of its decisions
 3757  regarding drugs subject to prior authorization. The agency is
 3758  authorized to limit the entities it contracts with or enrolls as
 3759  Medicaid providers by developing a provider network through
 3760  provider credentialing. The agency may competitively bid single
 3761  source-provider contracts if procurement of goods or services
 3762  results in demonstrated cost savings to the state without
 3763  limiting access to care. The agency may limit its network based
 3764  on the assessment of beneficiary access to care, provider
 3765  availability, provider quality standards, time and distance
 3766  standards for access to care, the cultural competence of the
 3767  provider network, demographic characteristics of Medicaid
 3768  beneficiaries, practice and provider-to-beneficiary standards,
 3769  appointment wait times, beneficiary use of services, provider
 3770  turnover, provider profiling, provider licensure history,
 3771  previous program integrity investigations and findings, peer
 3772  review, provider Medicaid policy and billing compliance records,
 3773  clinical and medical record audits, and other factors. Providers
 3774  are not entitled to enrollment in the Medicaid provider network.
 3775  The agency shall determine instances in which allowing Medicaid
 3776  beneficiaries to purchase durable medical equipment and other
 3777  goods is less expensive to the Medicaid program than long-term
 3778  rental of the equipment or goods. The agency may establish rules
 3779  to facilitate purchases in lieu of long-term rentals in order to
 3780  protect against fraud and abuse in the Medicaid program as
 3781  defined in s. 409.913. The agency may seek federal waivers
 3782  necessary to administer these policies.
 3783         (4) The agency may contract with:
 3784         (b) An entity that is providing comprehensive behavioral
 3785  health care services to certain Medicaid recipients through a
 3786  capitated, prepaid arrangement pursuant to the federal waiver
 3787  provided for by s. 409.905(5). Such entity must be licensed
 3788  under chapter 624, chapter 636, or chapter 641, or authorized
 3789  under paragraph (c) or paragraph (d), and must possess the
 3790  clinical systems and operational competence to manage risk and
 3791  provide comprehensive behavioral health care to Medicaid
 3792  recipients. As used in this paragraph, the term “comprehensive
 3793  behavioral health care services” means covered mental health and
 3794  substance abuse treatment services that are available to
 3795  Medicaid recipients. The secretary of the Department of Children
 3796  and Families Family Services shall approve provisions of
 3797  procurements related to children in the department’s care or
 3798  custody before enrolling such children in a prepaid behavioral
 3799  health plan. Any contract awarded under this paragraph must be
 3800  competitively procured. In developing the behavioral health care
 3801  prepaid plan procurement document, the agency shall ensure that
 3802  the procurement document requires the contractor to develop and
 3803  implement a plan to ensure compliance with s. 394.4574 related
 3804  to services provided to residents of licensed assisted living
 3805  facilities that hold a limited mental health license. Except as
 3806  provided in subparagraph 5., and except in counties where the
 3807  Medicaid managed care pilot program is authorized pursuant to s.
 3808  409.91211, the agency shall seek federal approval to contract
 3809  with a single entity meeting these requirements to provide
 3810  comprehensive behavioral health care services to all Medicaid
 3811  recipients not enrolled in a Medicaid managed care plan
 3812  authorized under s. 409.91211, a provider service network
 3813  authorized under paragraph (d), or a Medicaid health maintenance
 3814  organization in an AHCA area. In an AHCA area where the Medicaid
 3815  managed care pilot program is authorized pursuant to s.
 3816  409.91211 in one or more counties, the agency may procure a
 3817  contract with a single entity to serve the remaining counties as
 3818  an AHCA area or the remaining counties may be included with an
 3819  adjacent AHCA area and are subject to this paragraph. Each
 3820  entity must offer a sufficient choice of providers in its
 3821  network to ensure recipient access to care and the opportunity
 3822  to select a provider with whom they are satisfied. The network
 3823  shall include all public mental health hospitals. To ensure
 3824  unimpaired access to behavioral health care services by Medicaid
 3825  recipients, all contracts issued pursuant to this paragraph must
 3826  require 80 percent of the capitation paid to the managed care
 3827  plan, including health maintenance organizations and capitated
 3828  provider service networks, to be expended for the provision of
 3829  behavioral health care services. If the managed care plan
 3830  expends less than 80 percent of the capitation paid for the
 3831  provision of behavioral health care services, the difference
 3832  shall be returned to the agency. The agency shall provide the
 3833  plan with a certification letter indicating the amount of
 3834  capitation paid during each calendar year for behavioral health
 3835  care services pursuant to this section. The agency may reimburse
 3836  for substance abuse treatment services on a fee-for-service
 3837  basis until the agency finds that adequate funds are available
 3838  for capitated, prepaid arrangements.
 3839         1. The agency shall modify the contracts with the entities
 3840  providing comprehensive inpatient and outpatient mental health
 3841  care services to Medicaid recipients in Hillsborough, Highlands,
 3842  Hardee, Manatee, and Polk Counties, to include substance abuse
 3843  treatment services.
 3844         2. Except as provided in subparagraph 5., the agency and
 3845  the Department of Children and Families Family Services shall
 3846  contract with managed care entities in each AHCA area except
 3847  area 6 or arrange to provide comprehensive inpatient and
 3848  outpatient mental health and substance abuse services through
 3849  capitated prepaid arrangements to all Medicaid recipients who
 3850  are eligible to participate in such plans under federal law and
 3851  regulation. In AHCA areas where eligible individuals number less
 3852  than 150,000, the agency shall contract with a single managed
 3853  care plan to provide comprehensive behavioral health services to
 3854  all recipients who are not enrolled in a Medicaid health
 3855  maintenance organization, a provider service network authorized
 3856  under paragraph (d), or a Medicaid capitated managed care plan
 3857  authorized under s. 409.91211. The agency may contract with more
 3858  than one comprehensive behavioral health provider to provide
 3859  care to recipients who are not enrolled in a Medicaid capitated
 3860  managed care plan authorized under s. 409.91211, a provider
 3861  service network authorized under paragraph (d), or a Medicaid
 3862  health maintenance organization in AHCA areas where the eligible
 3863  population exceeds 150,000. In an AHCA area where the Medicaid
 3864  managed care pilot program is authorized pursuant to s.
 3865  409.91211 in one or more counties, the agency may procure a
 3866  contract with a single entity to serve the remaining counties as
 3867  an AHCA area or the remaining counties may be included with an
 3868  adjacent AHCA area and shall be subject to this paragraph.
 3869  Contracts for comprehensive behavioral health providers awarded
 3870  pursuant to this section shall be competitively procured. Both
 3871  for-profit and not-for-profit corporations are eligible to
 3872  compete. Managed care plans contracting with the agency under
 3873  subsection (3) or paragraph (d) shall provide and receive
 3874  payment for the same comprehensive behavioral health benefits as
 3875  provided in AHCA rules, including handbooks incorporated by
 3876  reference. In AHCA area 11, the agency shall contract with at
 3877  least two comprehensive behavioral health care providers to
 3878  provide behavioral health care to recipients in that area who
 3879  are enrolled in, or assigned to, the MediPass program. One of
 3880  the behavioral health care contracts must be with the existing
 3881  provider service network pilot project, as described in
 3882  paragraph (d), for the purpose of demonstrating the cost
 3883  effectiveness of the provision of quality mental health services
 3884  through a public hospital-operated managed care model. Payment
 3885  shall be at an agreed-upon capitated rate to ensure cost
 3886  savings. Of the recipients in area 11 who are assigned to
 3887  MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those
 3888  MediPass-enrolled recipients shall be assigned to the existing
 3889  provider service network in area 11 for their behavioral care.
 3890         3. Children residing in a statewide inpatient psychiatric
 3891  program, or in a Department of Juvenile Justice or a Department
 3892  of Children and Families Family Services residential program
 3893  approved as a Medicaid behavioral health overlay services
 3894  provider may not be included in a behavioral health care prepaid
 3895  health plan or any other Medicaid managed care plan pursuant to
 3896  this paragraph.
 3897         4. Traditional community mental health providers under
 3898  contract with the Department of Children and Families Family
 3899  Services pursuant to part IV of chapter 394, child welfare
 3900  providers under contract with the Department of Children and
 3901  Families Family Services in areas 1 and 6, and inpatient mental
 3902  health providers licensed pursuant to chapter 395 must be
 3903  offered an opportunity to accept or decline a contract to
 3904  participate in any provider network for prepaid behavioral
 3905  health services.
 3906         5. All Medicaid-eligible children, except children in area
 3907  1 and children in Highlands County, Hardee County, Polk County,
 3908  or Manatee County of area 6, which that are open for child
 3909  welfare services in the statewide automated child welfare
 3910  information system, shall receive their behavioral health care
 3911  services through a specialty prepaid plan operated by community
 3912  based lead agencies through a single agency or formal agreements
 3913  among several agencies. The agency shall work with the specialty
 3914  plan to develop clinically effective, evidence-based
 3915  alternatives as a downward substitution for the statewide
 3916  inpatient psychiatric program and similar residential care and
 3917  institutional services. The specialty prepaid plan must result
 3918  in savings to the state comparable to savings achieved in other
 3919  Medicaid managed care and prepaid programs. Such plan must
 3920  provide mechanisms to maximize state and local revenues. The
 3921  specialty prepaid plan shall be developed by the agency and the
 3922  Department of Children and Families Family Services. The agency
 3923  may seek federal waivers to implement this initiative. Medicaid
 3924  eligible children whose cases are open for child welfare
 3925  services in the statewide automated child welfare information
 3926  system and who reside in AHCA area 10 shall be enrolled in a
 3927  capitated provider service network or other capitated managed
 3928  care plan, which, in coordination with available community-based
 3929  care providers specified in s. 409.987 s. 409.1671, shall
 3930  provide sufficient medical, developmental, and behavioral health
 3931  services to meet the needs of these children.
 3932  
 3933  Effective July 1, 2012, in order to ensure continuity of care,
 3934  the agency is authorized to extend or modify current contracts
 3935  based on current service areas or on a regional basis, as
 3936  determined appropriate by the agency, with comprehensive
 3937  behavioral health care providers as described in this paragraph
 3938  during the period prior to its expiration. This paragraph
 3939  expires October 1, 2014.
 3940         Section 58. Paragraph (dd) of subsection (3) of section
 3941  409.91211, Florida Statutes, is amended to read:
 3942         409.91211 Medicaid managed care pilot program.—
 3943         (3) The agency shall have the following powers, duties, and
 3944  responsibilities with respect to the pilot program:
 3945         (dd) To implement service delivery mechanisms within a
 3946  specialty plan in area 10 to provide behavioral health care
 3947  services to Medicaid-eligible children whose cases are open for
 3948  child welfare services in the HomeSafeNet system. These services
 3949  must be coordinated with community-based care providers as
 3950  specified in s. 409.986 s. 409.1671, where available, and be
 3951  sufficient to meet the developmental, behavioral, and emotional
 3952  needs of these children. Children in area 10 who have an open
 3953  case in the HomeSafeNet system shall be enrolled into the
 3954  specialty plan. These service delivery mechanisms must be
 3955  implemented no later than July 1, 2011, in AHCA area 10 in order
 3956  for the children in AHCA area 10 to remain exempt from the
 3957  statewide plan under s. 409.912(4)(b)5. An administrative fee
 3958  may be paid to the specialty plan for the coordination of
 3959  services based on the receipt of the state share of that fee
 3960  being provided through intergovernmental transfers.
 3961         Section 59. Paragraph (d) of subsection (1) of section
 3962  420.628, Florida Statutes, is amended to read:
 3963         420.628 Affordable housing for children and young adults
 3964  leaving foster care; legislative findings and intent.—
 3965         (1)
 3966         (d) The Legislature intends that the Florida Housing
 3967  Finance Corporation, agencies within the State Housing
 3968  Initiative Partnership Program, local housing finance agencies,
 3969  public housing authorities, and their agents, and other
 3970  providers of affordable housing coordinate with the Department
 3971  of Children and Families Family Services, their agents, and
 3972  community-based care providers who provide services under s.
 3973  409.986 s. 409.1671 to develop and implement strategies and
 3974  procedures designed to make affordable housing available
 3975  whenever and wherever possible to young adults who leave the
 3976  child welfare system.
 3977         Section 60. Subsection (5) of section 960.065, Florida
 3978  Statutes, is amended to read:
 3979         960.065 Eligibility for awards.—
 3980         (5) A person is not ineligible for an award pursuant to
 3981  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 3982  person is a victim of sexual exploitation of a child as defined
 3983  in s. 39.01(68)(g) s. 39.01(67)(g).
 3984         Section 61. Except as otherwise expressly provided in this
 3985  act, this act shall take effect July 1, 2014.
 3986  
 3987  ================= T I T L E  A M E N D M E N T ================
 3988  And the title is amended as follows:
 3989         Delete everything before the enacting clause
 3990  and insert:
 3991                        A bill to be entitled                      
 3992         An act relating to child welfare; amending s. 20.19,
 3993         F.S.; requiring the Secretary of Children and Families
 3994         to appoint an Assistant Secretary for Child Welfare;
 3995         providing qualifications and responsibilities;
 3996         amending s. 39.001, F.S.; revising the purposes of ch.
 3997         39, F.S.; requiring the department to provide for
 3998         certain services for medically complex children;
 3999         amending s. 39.01, F.S.; providing, revising, and
 4000         deleting definitions; amending s. 39.013, F.S.;
 4001         clarifying responsibilities of the department in
 4002         dependency proceedings; amending s. 39.201, F.S.;
 4003         requiring alleged incidents of juvenile sexual abuse
 4004         involving specified children to be reported to the
 4005         department’s central abuse hotline; requiring the
 4006         department to provide specified information on an
 4007         investigation of child sexual abuse to the court;
 4008         creating s. 39.2015, F.S.; requiring the department to
 4009         conduct specified investigations using critical
 4010         incident rapid response teams; providing requirements
 4011         for such investigations and for team membership;
 4012         authorizing team access to specified information;
 4013         requiring the cooperation of specified agencies and
 4014         organizations; providing for reimbursement of team
 4015         members; requiring the team to provide an
 4016         investigation report; requiring the secretary to
 4017         develop guidelines for investigations and provide team
 4018         member training; requiring the secretary to appoint an
 4019         advisory committee; requiring the committee to submit
 4020         a report to the secretary; requiring the secretary to
 4021         submit such report to the Governor and the Legislature
 4022         by a specified date; creating s. 39.2022, F.S.;
 4023         providing legislative intent; requiring the department
 4024         to publish specified information on its website
 4025         regarding the death of a child reported to the central
 4026         abuse hotline; amending s. 39.301, F.S.; authorizing
 4027         the use of safety plans in child protection
 4028         investigations in cases of present or impending
 4029         danger; providing requirements for implementation of a
 4030         safety plan; providing conditions for filing a
 4031         petition for dependency; amending s. 39.303, F.S.;
 4032         requiring physician involvement when a child
 4033         protection team evaluates a report of medical neglect
 4034         of a medically complex child; creating s. 39.3068,
 4035         F.S.; providing requirements for investigating medical
 4036         neglect; providing duties of the department; amending
 4037         s. 39.307, F.S.; requiring the department to assist
 4038         the family, child, and caregiver in receiving services
 4039         upon a report alleging juvenile sexual abuse or
 4040         inappropriate sexual behavior; requiring the
 4041         department to maintain specified records; requiring
 4042         child sexual abuse to be taken into account in
 4043         placement consideration; requiring the department to
 4044         monitor the occurrence of child sexual abuse and
 4045         related services; amending s. 39.402, F.S.; requiring
 4046         the department to make a reasonable effort to keep
 4047         siblings together when they are placed in out-of-home
 4048         care under certain circumstances; providing for
 4049         sibling visitation under certain conditions; amending
 4050         s. 39.501, F.S.; requiring compliance with a safety
 4051         plan to be considered when deciding a petition for
 4052         dependency; amending s. 39.504, F.S.; authorizing the
 4053         court to order a person to comply with a safety plan
 4054         that is implemented in an injunction; amending s.
 4055         39.5085, F.S.; revising legislative intent;
 4056         authorizing placement of a child with a nonrelative
 4057         caregiver and financial assistance for such
 4058         nonrelative caregiver through the Relative Caregiver
 4059         Program under certain circumstances; amending s.
 4060         39.604, F.S.; requiring certain children to attend a
 4061         licensed early education or child care program;
 4062         requiring the inclusion of attendance at a licensed
 4063         early education or child care program in a child’s
 4064         safety plan; amending s. 39.701, F.S.; requiring the
 4065         court to consider contact among siblings in judicial
 4066         reviews; authorizing the court to remove specified
 4067         disabilities of nonage at judicial reviews; amending
 4068         s. 39.802, F.S.; removing department authorization to
 4069         sign a petition for termination of parental rights;
 4070         amending s. 39.806, F.S.; providing additional grounds
 4071         for termination of parental rights; amending s.
 4072         63.212, F.S.; requiring a person who places an
 4073         advertisement for adoption services to provide
 4074         specified information; amending s. 383.402, F.S.;
 4075         requiring review of all child deaths to be reported to
 4076         the department’s central abuse hotline; revising the
 4077         membership of the State Child Abuse Death Review
 4078         Committee; revising the due date for and contents of a
 4079         report; requiring the State Child Abuse Death Review
 4080         Committee to provide training to local child abuse
 4081         death review committees; amending s. 402.40, F.S.;
 4082         requiring a third-party credentialing entity to
 4083         establish an advisory committee; authorizing the
 4084         department to approve certification of
 4085         specializations; creating s. 402.402, F.S.; defining
 4086         terms; providing preferences for education and work
 4087         experience for child protection and child welfare
 4088         personnel; requiring a report; providing training
 4089         requirements for department attorneys; creating s.
 4090         402.403, F.S.; establishing a tuition exemption
 4091         program for child protection and child welfare
 4092         personnel; providing eligibility requirements;
 4093         creating s. 402.404, F.S.; establishing a student loan
 4094         forgiveness program for child protection and child
 4095         welfare personnel; providing eligibility requirements;
 4096         authorizing community-based care lead agencies to
 4097         provide student loan forgiveness to case managers
 4098         employed by a community-based care lead agency or its
 4099         subcontractor; amending s. 409.165, F.S.; enhancing
 4100         provision of care to medically complex children;
 4101         amending s. 409.967, F.S.; revising standards for
 4102         Medicaid managed care plan accountability with respect
 4103         to services for dependent children and their parents;
 4104         amending s. 409.972, F.S.; exempting certain Medicaid
 4105         recipients from mandatory enrollment in managed care
 4106         plans; providing a directive to the Division of Law
 4107         Revision and Information; creating part V of ch. 409,
 4108         F.S.; creating s. 409.986, F.S.; providing legislative
 4109         findings and intent; providing child protection and
 4110         child welfare outcome goals; defining terms; creating
 4111         s. 409.987, F.S.; providing for department procurement
 4112         of community-based care lead agencies; providing
 4113         requirements for contracting as a lead agency;
 4114         creating s. 409.988, F.S.; providing duties of a
 4115         community-based care lead agency; providing licensure
 4116         requirements for a lead agency; specifying services
 4117         provided by a lead agency; providing conditions for an
 4118         agency or provider to act as a child’s guardian;
 4119         creating s. 409.990, F.S.; providing general funding
 4120         provisions for lead agencies; providing for a matching
 4121         grant program and the maximum amount of funds that may
 4122         be awarded; requiring the department to develop and
 4123         implement a community-based care risk pool initiative;
 4124         providing requirements for the risk pool;
 4125         transferring, renumbering, and amending s. 409.16713,
 4126         F.S.; transferring provisions relating to the
 4127         allocation of funds for community-based lead care
 4128         agencies; conforming a cross-reference; creating s.
 4129         409.992, F.S.; providing requirements for community
 4130         based care lead agency expenditures; creating s.
 4131         409.993, F.S.; providing legislative findings;
 4132         providing for lead agency and subcontractor liability;
 4133         providing limitations on damages; transferring,
 4134         renumbering, and amending s. 409.1675, F.S.;
 4135         transferring provisions relating to receivership from
 4136         community-based providers to lead agencies; conforming
 4137         cross-references and terminology; creating s. 409.996,
 4138         F.S.; providing duties of the department relating to
 4139         community-based care and lead agencies; creating s.
 4140         409.997, F.S.; providing outcome goals for the
 4141         department and specified entities with respect to the
 4142         delivery of child welfare services; requiring the
 4143         department to maintain an accountability system;
 4144         requiring a report to the Governor and the
 4145         Legislature; requiring the department to establish a
 4146         technical advisory panel; requiring the department to
 4147         make the results of the accountability system public;
 4148         requiring a report to the Governor and the Legislature
 4149         by a specified date; creating s. 827.10, F.S.;
 4150         providing definitions; establishing the criminal
 4151         offense of unlawful desertion of a child; providing
 4152         criminal penalties; providing exceptions; amending s.
 4153         985.04, F.S.; conforming terminology; creating s.
 4154         1004.615, F.S.; establishing the Florida Institute for
 4155         Child Welfare; providing purpose, duties, and
 4156         responsibilities of the institute; requiring the
 4157         institute to contract and work with specified
 4158         entities; providing for the administration of the
 4159         institute; requiring reports to the Governor and the
 4160         Legislature by specified dates; amending s. 1009.25,
 4161         F.S.; exempting specified child protective
 4162         investigators and child protective investigation
 4163         supervisors from certain tuition and fee requirements;
 4164         repealing s. 402.401, F.S., relating to child welfare
 4165         worker student loan forgiveness; repealing s.
 4166         409.1671, F.S., relating to outsourcing of foster care
 4167         and related services; repealing s. 409.16715, F.S.,
 4168         relating to certain therapy for foster children;
 4169         repealing s. 409.16745, F.S., relating to the
 4170         community partnership matching grant program;
 4171         repealing s. 1004.61, F.S., relating to a partnership
 4172         between the Department of Children and Families and
 4173         state universities; amending ss. 39.201, 39.302,
 4174         39.524, 316.613, 409.1676, 409.1677, 409.1678,
 4175         409.906, 409.912, 409.91211, 420.628, and 960.065,
 4176         F.S.; conforming cross-references; providing effective
 4177         dates.