Florida Senate - 2015                                     SB 940
       
       
        
       By Senator Detert
       
       
       
       
       
       28-01082A-15                                           2015940__
    1                        A bill to be entitled                      
    2         An act relating to children in out-of-home care;
    3         amending s. 409.145, F.S.; providing legislative
    4         findings and intent; removing provisions requiring the
    5         Department of Children and Families to develop,
    6         implement, and administer a coordinated community
    7         based system of care for children directed toward
    8         specified goals; authorizing children of certain ages
    9         to be placed in a residential group home setting using
   10         a shift-care model only under specified circumstances;
   11         requiring the department to develop a proposal for a
   12         continuum of care for children in out-of-home care;
   13         repealing s. 39.523, F.S., relating to the placement
   14         in residential group care; repealing s. 409.165, F.S.,
   15         relating to alternate care for children; repealing s.
   16         409.1676, F.S., relating to comprehensive residential
   17         group care services to children who have extraordinary
   18         needs; repealing s. 409.1677, F.S., relating to model
   19         comprehensive residential services programs; repealing
   20         s. 409.1679, F.S., relating to additional requirement
   21         and reimbursement methodology; amending s. 409.1451,
   22         F.S.; conforming cross-references; amending ss.
   23         39.202, 39.5085, and 1002.3305, F.S.; conforming
   24         provisions to changes made by the act; providing an
   25         effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 409.145, Florida Statutes, is amended to
   30  read:
   31         409.145 Continuum of care; residential group home placement
   32  Care of children; quality parenting; “reasonable and prudent
   33  parent” standard.—The child welfare system of the department
   34  shall operate as a coordinated community-based system of care
   35  which empowers all caregivers for children in foster care to
   36  provide quality parenting, including approving or disapproving a
   37  child’s participation in activities based on the caregiver’s
   38  assessment using the “reasonable and prudent parent” standard.
   39         (1) LEGISLATIVE FINDINGS AND INTENT SYSTEM OF CARE.—The
   40  department shall develop, implement, and administer a
   41  coordinated community-based system of care for children who are
   42  found to be dependent and their families. This system of care
   43  must be directed toward the following goals:
   44         (a) The Legislature finds that all children, including
   45  those in out-of-home care, deserve to grow up with families and
   46  develop a sense of community Prevention of separation of
   47  children from their families.
   48         (b) The Legislature also finds that it is well documented
   49  that children residing long term in group homes with shift-based
   50  care is not in their best interest. Not only is it
   51  developmentally inappropriate, it frequently creates lifelong
   52  behaviors requiring institutionalization and contributes to
   53  higher levels of involvement with the juvenile justice system
   54  and to poor educational outcomes Intervention to allow children
   55  to remain safely in their own homes.
   56         (c) The Legislature further finds that Florida relies on
   57  placing children, particularly older children, in group settings
   58  with shift-based care at a high rate, that many of those
   59  children remain in those group settings for 6 months or more,
   60  and that the state’s inability to recruit and retain a
   61  sufficient number of foster families has left few options for
   62  getting children out of congregate foster care and into family
   63  homes Reunification of families who have had children removed
   64  from their care.
   65         (d) Therefore, it is the intent of the Legislature to
   66  restructure placement options and services in order to reduce
   67  reliance on group homes using a shift-care model as a long-term
   68  placement setting. This restructuring will be accomplished by
   69  narrowly defining the purpose of residential group care, by
   70  placing conditions on admissions to certain types of group
   71  homes, and by increasing the capacity of home-based family care
   72  to better address the individual needs of all children in out
   73  of-home care Safety for children who are separated from their
   74  families by providing alternative emergency or longer-term
   75  parenting arrangements.
   76         (e) Focus on the well-being of children through emphasis on
   77  maintaining educational stability and providing timely health
   78  care.
   79         (f) Permanency for children for whom reunification with
   80  their families is not possible or is not in the best interest of
   81  the child.
   82         (g) The transition to independence and self-sufficiency for
   83  older children who remain in foster care through adolescence.
   84         (2)RESIDENTIAL GROUP HOME PLACEMENT.—
   85         (a)A child 6 years of age or younger may be placed in a
   86  residential group home setting using a shift-care model only
   87  under any of the following circumstances:
   88         1.When a case plan indicates that placement is for
   89  purposes of providing short-term, specialized, and intensive
   90  treatment for the child; the case plan specifies the need for,
   91  nature of, and anticipated duration of this treatment; the
   92  facility meets the applicable regulations adopted under s.
   93  409.175; and the Assistant Secretary for Child Welfare for the
   94  department has approved the case plan.
   95         2.The short-term, specialized, and intensive treatment
   96  period may not exceed 120 days, unless the community-based care
   97  lead agency has made progress toward or is actively working
   98  toward implementing the case plan that identifies the services
   99  or supports necessary to transition the child to a family
  100  setting, circumstances beyond the lead agency’s control have
  101  prevented the agency from obtaining those services or supports
  102  within the timeline documented in the case plan, and the need
  103  for additional time pursuant to the case plan is documented by
  104  the caseworker and approved by the Assistant Secretary for Child
  105  Welfare for the department.
  106         3. To the extent that placements pursuant to this
  107  subsection are extended beyond an initial 120 days, the
  108  requirements of subparagraphs 1. and 2. shall apply to each
  109  extension. In addition, the Assistant Secretary for Child
  110  Welfare for the department shall approve the continued placement
  111  no less frequently than every 60 days.
  112         (b)A child 7-12 years of age may be placed in a
  113  residential group home setting using a shift-care model only
  114  under any of the following circumstances:
  115         1.When a case plan indicates that placement is for
  116  purposes of providing short-term, specialized, and intensive
  117  treatment for the child; the case plan specifies the need for,
  118  nature of, and anticipated duration of this treatment; the
  119  facility meets the applicable regulations adopted under s.
  120  409.175; and the Assistant Secretary for Child Welfare for the
  121  department has approved the case plan.
  122         2.The short-term, specialized, and intensive treatment
  123  period may not exceed 6 months, unless the community-based care
  124  lead agency has made progress toward or is actively working
  125  toward implementing the case plan that identifies the services
  126  or supports necessary to transition the child to a family
  127  setting, circumstances beyond the lead agency’s control have
  128  prevented the agency from obtaining those services or supports
  129  within the timeline documented in the case plan, and the need
  130  for additional time pursuant to the case plan is documented by
  131  the caseworker and approved by the Assistant Secretary for Child
  132  Welfare for the department.
  133         3. To the extent that placements pursuant to this
  134  subsection are extended beyond an initial 120 days, the
  135  requirements of subparagraphs 1. and 2. shall apply to each
  136  extension. In addition, the Assistant Secretary for Child
  137  Welfare for the department shall approve the continued placement
  138  no less frequently than every 60 days.
  139         (3)CREATION OF CONTINUUM OF CARE.—The department shall
  140  develop a proposal to address the placement and service needs of
  141  children who are cared for outside of their own homes by
  142  creating a continuum of care that consists of recruiting,
  143  training, and supporting an adequate supply of home-based family
  144  care; providing needed services and supports in those family
  145  care settings; and limiting congregate care to only those
  146  situations in which adequate services cannot be safely provided
  147  while a child lives with a family, and then for only the minimum
  148  amount of time required for stabilization.
  149         (4)(2) QUALITY PARENTING.—A child in foster care shall be
  150  placed only with a caregiver who has the ability to care for the
  151  child, is willing to accept responsibility for providing care,
  152  and is willing and able to learn about and be respectful of the
  153  child’s culture, religion and ethnicity, special physical or
  154  psychological needs, any circumstances unique to the child, and
  155  family relationships. The department, the community-based care
  156  lead agency, and other agencies shall provide such caregiver
  157  with all available information necessary to assist the caregiver
  158  in determining whether he or she is able to appropriately care
  159  for a particular child.
  160         (a) Roles and responsibilities of caregivers.—A caregiver
  161  shall:
  162         1. Participate in developing the case plan for the child
  163  and his or her family and work with others involved in his or
  164  her care to implement this plan. This participation includes the
  165  caregiver’s involvement in all team meetings or court hearings
  166  related to the child’s care.
  167         2. Complete all training needed to improve skills in
  168  parenting a child who has experienced trauma due to neglect,
  169  abuse, or separation from home, to meet the child’s special
  170  needs, and to work effectively with child welfare agencies, the
  171  court, the schools, and other community and governmental
  172  agencies.
  173         3. Respect and support the child’s ties to members of his
  174  or her biological family and assist the child in maintaining
  175  allowable visitation and other forms of communication.
  176         4. Effectively advocate for the child in the caregiver’s
  177  care with the child welfare system, the court, and community
  178  agencies, including the school, child care, health and mental
  179  health providers, and employers.
  180         5. Participate fully in the child’s medical, psychological,
  181  and dental care as the caregiver would for his or her biological
  182  child.
  183         6. Support the child’s school success by participating in
  184  school activities and meetings, including Individual Education
  185  Plan meetings, assisting with school assignments, supporting
  186  tutoring programs, meeting with teachers and working with an
  187  educational surrogate if one has been appointed, and encouraging
  188  the child’s participation in extracurricular activities.
  189         7. Work in partnership with other stakeholders to obtain
  190  and maintain records that are important to the child’s well
  191  being, including child resource records, medical records, school
  192  records, photographs, and records of special events and
  193  achievements.
  194         8. Ensure that the child in the caregiver’s care who is
  195  between 13 and 17 years of age learns and masters independent
  196  living skills.
  197         9. Ensure that the child in the caregiver’s care is aware
  198  of the requirements and benefits of the Road-to-Independence
  199  Program.
  200         10. Work to enable the child in the caregiver’s care to
  201  establish and maintain naturally occurring mentoring
  202  relationships.
  203         (b) Roles and responsibilities of the department, the
  204  community-based care lead agency, and other agency staff.—The
  205  department, the community-based care lead agency, and other
  206  agency staff shall:
  207         1. Include a caregiver in the development and
  208  implementation of the case plan for the child and his or her
  209  family. The caregiver shall be authorized to participate in all
  210  team meetings or court hearings related to the child’s care and
  211  future plans. The caregiver’s participation shall be facilitated
  212  through timely notification, an inclusive process, and
  213  alternative methods for participation for a caregiver who cannot
  214  be physically present.
  215         2. Develop and make available to the caregiver the
  216  information, services, training, and support that the caregiver
  217  needs to improve his or her skills in parenting children who
  218  have experienced trauma due to neglect, abuse, or separation
  219  from home, to meet these children’s special needs, and to
  220  advocate effectively with child welfare agencies, the courts,
  221  schools, and other community and governmental agencies.
  222         3. Provide the caregiver with all information related to
  223  services and other benefits that are available to the child.
  224         (c) Transitions.—
  225         1. Once a caregiver accepts the responsibility of caring
  226  for a child, the child will be removed from the home of that
  227  caregiver only if:
  228         a. The caregiver is clearly unable to safely or legally
  229  care for the child;
  230         b. The child and his or her biological family are
  231  reunified;
  232         c. The child is being placed in a legally permanent home
  233  pursuant to the case plan or a court order; or
  234         d. The removal is demonstrably in the child’s best
  235  interest.
  236         2. In the absence of an emergency, if a child leaves the
  237  caregiver’s home for a reason provided under subparagraph 1.,
  238  the transition must be accomplished according to a plan that
  239  involves cooperation and sharing of information among all
  240  persons involved, respects the child’s developmental stage and
  241  psychological needs, ensures the child has all of his or her
  242  belongings, allows for a gradual transition from the caregiver’s
  243  home and, if possible, for continued contact with the caregiver
  244  after the child leaves.
  245         (d) Information sharing.—Whenever a foster home or
  246  residential group home assumes responsibility for the care of a
  247  child, the department and any additional providers shall make
  248  available to the caregiver as soon as is practicable all
  249  relevant information concerning the child. Records and
  250  information that are required to be shared with caregivers
  251  include, but are not limited to:
  252         1. Medical, dental, psychological, psychiatric, and
  253  behavioral history, as well as ongoing evaluation or treatment
  254  needs;
  255         2. School records;
  256         3. Copies of his or her birth certificate and, if
  257  appropriate, immigration status documents;
  258         4. Consents signed by parents;
  259         5. Comprehensive behavioral assessments and other social
  260  assessments;
  261         6. Court orders;
  262         7. Visitation and case plans;
  263         8. Guardian ad litem reports;
  264         9. Staffing forms; and
  265         10. Judicial or citizen review panel reports and
  266  attachments filed with the court, except confidential medical,
  267  psychiatric, and psychological information regarding any party
  268  or participant other than the child.
  269         (e) Caregivers employed by residential group homes.—All
  270  caregivers in residential group homes shall meet the same
  271  education, training, and background and other screening
  272  requirements as foster parents.
  273         (5)(3) REASONABLE AND PRUDENT PARENT STANDARD.—
  274         (a) Definitions.—As used in this subsection, the term:
  275         1. “Age-appropriate” means an activity or item that is
  276  generally accepted as suitable for a child of the same
  277  chronological age or level of maturity. Age appropriateness is
  278  based on the development of cognitive, emotional, physical, and
  279  behavioral capacity which is typical for an age or age group.
  280         2. “Caregiver” means a person with whom the child is placed
  281  in out-of-home care, or a designated official for a group care
  282  facility licensed by the department under s. 409.175.
  283         3. “Reasonable and prudent parent” standard means the
  284  standard of care used by a caregiver in determining whether to
  285  allow a child in his or her care to participate in
  286  extracurricular, enrichment, and social activities. This
  287  standard is characterized by careful and thoughtful parental
  288  decisionmaking that is intended to maintain a child’s health,
  289  safety, and best interest while encouraging the child’s
  290  emotional and developmental growth.
  291         (b) Application of standard of care.—
  292         1. Every child who comes into out-of-home care pursuant to
  293  this chapter is entitled to participate in age-appropriate
  294  extracurricular, enrichment, and social activities.
  295         2. Each caregiver shall use the reasonable and prudent
  296  parent standard in determining whether to give permission for a
  297  child living in out-of-home care to participate in
  298  extracurricular, enrichment, or social activities. When using
  299  the reasonable and prudent parent standard, the caregiver must
  300  consider:
  301         a. The child’s age, maturity, and developmental level to
  302  maintain the overall health and safety of the child.
  303         b. The potential risk factors and the appropriateness of
  304  the extracurricular, enrichment, or social activity.
  305         c. The best interest of the child, based on information
  306  known by the caregiver.
  307         d. The importance of encouraging the child’s emotional and
  308  developmental growth.
  309         e. The importance of providing the child with the most
  310  family-like living experience possible.
  311         f. The behavioral history of the child and the child’s
  312  ability to safely participate in the proposed activity.
  313         (c) Verification of services delivered.—The department and
  314  each community-based care lead agency shall verify that private
  315  agencies providing out-of-home care services to dependent
  316  children have policies in place which are consistent with this
  317  section and that these agencies promote and protect the ability
  318  of dependent children to participate in age-appropriate
  319  extracurricular, enrichment, and social activities.
  320         (d) Limitation of liability.—A caregiver is not liable for
  321  harm caused to a child who participates in an activity approved
  322  by the caregiver, provided that the caregiver has acted in
  323  accordance with the reasonable and prudent parent standard. This
  324  paragraph may not be interpreted as removing or limiting any
  325  existing liability protection afforded by law.
  326         (6)(4) FOSTER PARENT ROOM AND BOARD RATES.—
  327         (a) Effective January 1, 2014, room and board rates paid to
  328  foster parents are as follows:
  329  
  330  MonthlyFosterCare Rate  0-5 YearsAge   6-12 YearsAge   13-21 YearsAge 
  331                            $429            $440            $515      
  332         (b) Foster parents shall receive an annual cost of living
  333  increase. The department shall calculate the new room and board
  334  rate increase equal to the percentage change in the Consumer
  335  Price Index for All Urban Consumers, U.S. City Average, All
  336  Items, not seasonally adjusted, or successor reports, for the
  337  preceding December compared to the prior December as initially
  338  reported by the United States Department of Labor, Bureau of
  339  Labor Statistics. The department shall make available the
  340  adjusted room and board rates annually.
  341         (c) The amount of the monthly foster care board rate may be
  342  increased upon agreement among the department, the community
  343  based care lead agency, and the foster parent.
  344         (d) Community-based care lead agencies providing care under
  345  contract with the department shall pay a supplemental room and
  346  board payment to foster care parents for providing independent
  347  life skills and normalcy supports to children who are 13 through
  348  17 years of age placed in their care. The supplemental payment
  349  shall be paid monthly to the foster care parents on a per-child
  350  basis in addition to the current monthly room and board rate
  351  payment. The supplemental monthly payment shall be based on 10
  352  percent of the monthly room and board rate for children 13
  353  through 21 years of age as provided under this section and
  354  adjusted annually.
  355         (7)(5) RULEMAKING.—The department shall adopt by rule
  356  procedures to administer this section.
  357         Section 2. Sections 39.523, 409.165, 409.1676, 409.1677,
  358  and 409.1679, Florida Statutes, are repealed.
  359         Section 3. Paragraph (b) of subsection (2) of section
  360  409.1451, Florida Statutes, is amended to read:
  361         409.1451 The Road-to-Independence Program.—
  362         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  363         (b) The amount of the financial assistance shall be as
  364  follows:
  365         1. For a young adult who does not remain in foster care and
  366  is attending a postsecondary school as provided in s. 1009.533,
  367  the amount is $1,256 monthly.
  368         2. For a young adult who remains in foster care, is
  369  attending a postsecondary school, as provided in s. 1009.533,
  370  and continues to reside in a licensed foster home, the amount is
  371  the established room and board rate for foster parents. This
  372  takes the place of the payment provided for in s. 409.145(6) s.
  373  409.145(4).
  374         3. For a young adult who remains in foster care, but
  375  temporarily resides away from a licensed foster home for
  376  purposes of attending a postsecondary school as provided in s.
  377  1009.533, the amount is $1,256 monthly. This takes the place of
  378  the payment provided for in s. 409.145(6) s. 409.145(4).
  379         4. For a young adult who remains in foster care, is
  380  attending a postsecondary school as provided in s. 1009.533, and
  381  continues to reside in a licensed group home, the amount is
  382  negotiated between the community-based care lead agency and the
  383  licensed group home provider.
  384         5. For a young adult who remains in foster care, but
  385  temporarily resides away from a licensed group home for purposes
  386  of attending a postsecondary school as provided in s. 1009.533,
  387  the amount is $1,256 monthly. This takes the place of a
  388  negotiated room and board rate.
  389         6. The amount of the award may be disregarded for purposes
  390  of determining the eligibility for, or the amount of, any other
  391  federal or federally supported assistance.
  392         7. A young adult is eligible to receive financial
  393  assistance during the months when enrolled in a postsecondary
  394  educational institution.
  395         Section 4. Paragraph (s) of subsection (2) of section
  396  39.202, Florida Statutes, is amended to read:
  397         39.202 Confidentiality of reports and records in cases of
  398  child abuse or neglect.—
  399         (2) Except as provided in subsection (4), access to such
  400  records, excluding the name of the reporter which shall be
  401  released only as provided in subsection (5), shall be granted
  402  only to the following persons, officials, and agencies:
  403         (s) Persons with whom the department is seeking to place
  404  the child or to whom placement has been granted, including
  405  foster parents for whom an approved home study has been
  406  conducted, the designee of a licensed residential group home
  407  described in s. 39.523, an approved relative or nonrelative with
  408  whom a child is placed pursuant to s. 39.402, preadoptive
  409  parents for whom a favorable preliminary adoptive home study has
  410  been conducted, adoptive parents, or an adoption entity acting
  411  on behalf of preadoptive or adoptive parents.
  412         Section 5. Paragraph (f) of subsection (2) of section
  413  39.5085, Florida Statutes, is amended to read:
  414         39.5085 Relative Caregiver Program.—
  415         (2)
  416         (f) Within available funding, the Relative Caregiver
  417  Program shall provide caregivers with family support and
  418  preservation services, flexible funds in accordance with s.
  419  409.165, school readiness, and other available services in order
  420  to support the child’s safety, growth, and healthy development.
  421  Children living with caregivers who are receiving assistance
  422  under this section shall be eligible for Medicaid coverage.
  423         Section 6. Subsection (11) of section 1002.3305, Florida
  424  Statutes, is amended to read:
  425         1002.3305 College-Preparatory Boarding Academy Pilot
  426  Program for at-risk students.—
  427         (11) STUDENT HOUSING.—Notwithstanding s. ss. 409.1677(3)(d)
  428  and 409.176 or any other provision of law, an operator may house
  429  and educate dependent, at-risk youth in its residential school
  430  for the purpose of facilitating the mission of the program and
  431  encouraging innovative practices.
  432         Section 7. This act shall take effect July 1, 2015.