Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 590
       
       
       
       
       
       
                                Ì828252&Î828252                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/04/2017           .                                
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       The Committee on Children, Families, and Elder Affairs (Garcia)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective January 1, 2019, section 39.4015,
    6  Florida Statutes, is created to read:
    7         39.4015 Family finding.—
    8         (1) LEGISLATIVE FINDINGS AND INTENT.—
    9         (a) The Legislature finds that every child who is in out
   10  of-home care has the goal of finding a permanent home, whether
   11  achieved by reunifying the child with his or her parents or
   12  finding another permanent connection, such as adoption or legal
   13  guardianship with a relative or nonrelative who has a
   14  significant relationship with the child.
   15         (b) The Legislature finds that while legal permanency is
   16  important to a child in out-of-home care, emotional permanency
   17  helps increase the likelihood that children will achieve
   18  stability and well-being and successfully transition to
   19  independent adulthood.
   20         (c) The Legislature also finds that research has
   21  consistently shown that placing a child within his or her own
   22  family reduces the trauma of being removed from his or her home,
   23  is less likely to result in placement disruptions, and enhances
   24  prospects for finding a permanent family if the child cannot
   25  return home.
   26         (d) The Legislature further finds that the primary purpose
   27  of family finding is to facilitate legal and emotional
   28  permanency for children who are in out-of-home care by finding
   29  and engaging their relatives.
   30         (e) It is the intent of the Legislature that every child in
   31  out-of-home care be afforded the advantages that can be gained
   32  from the use of family finding to establish caring and long-term
   33  or permanent connections and relationships for children and
   34  youth in out-of-home care, as well as to establish a long-term
   35  emotional support network with family members and other adults
   36  who may not be able to take the child into their home but who
   37  want to stay connected with the child.
   38         (2) DEFINITIONS.—As used in this section, the term:
   39         (a) “Diligent efforts” means the use of methods and
   40  techniques including, but not limited to, interviews with
   41  immediate and extended family and kin, genograms, eco-mapping,
   42  case mining, cold calls, and specialized computer searches.
   43         (b) “Family finding” means an intensive relative search and
   44  engagement technique used in identifying family and other close
   45  adults for children in out-of-home care and involving them in
   46  developing and carrying out a plan for the emotional and legal
   47  permanency of a child.
   48         (c) “Family group decisionmaking” is a generic term that
   49  includes a number of approaches in which family members and
   50  fictive kin are brought together to make decisions about how to
   51  care for their children and develop a plan for services. The
   52  term includes family team conferencing, family team meetings,
   53  family group conferencing, family team decisionmaking, family
   54  unity meetings, and team decisionmaking, which may consist of
   55  several phases and employ a trained facilitator or coordinator.
   56         (d) “Fictive kin” means an individual who is unrelated to
   57  the child by either birth or marriage, but has such a close
   58  emotional relationship with the child that he or she may be
   59  considered part of the family.
   60         (3) FAMILY-FINDING PROGRAM.—The department, in
   61  collaboration with sheriffs’ offices that conduct child
   62  protective investigations and community-based care lead
   63  agencies, shall develop a formal family-finding program to be
   64  implemented statewide by child protective investigators and
   65  community-based care lead agencies.
   66         (a) Family finding is required as soon as a child comes to
   67  the attention of the department and throughout the duration of
   68  the case, and finding and engaging with as many family members
   69  and fictive kin as possible for each child who may help with
   70  care or support for the child is considered a best practice. The
   71  department or community-based care lead agency must specifically
   72  document strategies taken to locate and engage relatives and
   73  kin. Strategies of engagement may include, but are not limited
   74  to, asking the relatives and kin to:
   75         1. Participate in a family group decisionmaking conference,
   76  family team conferencing, or other family meetings aimed at
   77  developing or supporting the family service plan;
   78         2. Attend visitations with the child;
   79         3. Assist in transportation of the child;
   80         4. Provide respite or child care services; or
   81         5. Provide actual kinship care.
   82         (b) The department and the community-based care lead
   83  agencies must use diligent efforts in family finding, must
   84  continue those efforts until multiple relatives and kin are
   85  identified, and must go beyond basic searching tools by
   86  exploring alternative tools and methodologies. Efforts by the
   87  department and the community-based care lead agency may include,
   88  but are not limited to:
   89         1. Searching for and locating adult relatives and kin.
   90         2. Identifying and building positive connections between
   91  the child and the child’s relatives and fictive kin.
   92         3. Supporting the engagement of relatives and fictive kin
   93  in social service planning and delivery of services and creating
   94  a network of extended family support to assist in remedying the
   95  concerns that led to the child becoming involved with the child
   96  welfare system, when appropriate.
   97         4. Maintaining family connections, when possible.
   98         5. Keeping siblings together in care, when in the best
   99  interest of each child and when possible.
  100         (c) A basic computer search using the Internet or attempts
  101  to contact known relatives at a last known address or telephone
  102  number do not constitute effective family finding.
  103         (d) The court’s inquiry and determination regarding family
  104  finding should be made at each stage of the case, including a
  105  shelter hearing conducted pursuant to s. 39.402. The court shall
  106  place its determinations on the record as to whether the
  107  department or community-based care lead agency has reasonably
  108  engaged in family finding. The level of reasonableness is to be
  109  determined by the length of the case and the amount of time the
  110  department or community-based care lead agency has had to begin
  111  or continue the process.
  112         (4) RULEMAKING.—The department shall adopt rules to
  113  implement this section.
  114         Section 2. Paragraphs (c) and (d) of subsection (11) of
  115  section 39.402, Florida Statutes, and subsection (17) of that
  116  section are amended to read:
  117         39.402 Placement in a shelter.—
  118         (11)
  119         (c) The court shall request that the parents consent to
  120  provide access to the child’s child care records, early
  121  education program records, or other educational records and
  122  provide information to the court, the department or its contract
  123  agencies, and any guardian ad litem or attorney for the child.
  124  If a parent is unavailable or unable to consent or withholds
  125  consent and the court determines access to the records and
  126  information is necessary to provide services to the child, the
  127  court shall issue an order granting access.
  128         (d) The court may appoint a surrogate parent or may refer
  129  the child to the district school superintendent for appointment
  130  of a surrogate parent if the child has or is suspected of having
  131  a disability and the parent is unavailable pursuant to s.
  132  39.0016(3)(b). If the child is under the age of school entry,
  133  the court must make the appointment.
  134         (17) At the shelter hearing, the court shall inquire of the
  135  parent whether the parent has relatives who might be considered
  136  as a placement for the child. The parent shall provide to the
  137  court and all parties identification and location information
  138  regarding the relatives. The court shall advise the parent that
  139  the parent has a continuing duty to inform the department of any
  140  relative who should be considered for placement of the child.
  141  The court shall place its determinations on the record as to
  142  whether the department or community-based care lead agency has
  143  reasonably engaged in family finding. The level of
  144  reasonableness is to be determined by the length of the case and
  145  amount of time the department or community-based care lead
  146  agency has had to begin or continue the process.
  147         Section 3. Present subsection (9) of section 39.506,
  148  Florida Statutes, is redesignated as subsection (10), and a new
  149  subsection (9) is added to that section, to read:
  150         39.506 Arraignment hearings.—
  151         (9)The court shall review whether the department or
  152  community-based care lead agency has reasonably engaged in
  153  family finding and make a written determination as to its
  154  findings. The level of reasonableness is determined by the
  155  length of the case and amount of time the department or
  156  community-based care lead agency has had to begin or continue
  157  the process.
  158         Section 4. Paragraphs (c) and (d) of subsection (7) of
  159  section 39.507, Florida Statutes, are amended to read:
  160         39.507 Adjudicatory hearings; orders of adjudication.—
  161         (7)
  162         (c) If a court adjudicates a child dependent and the child
  163  is in out-of-home care, the court shall inquire of the parent or
  164  parents whether the parents have relatives who might be
  165  considered as a placement for the child. The court shall advise
  166  the parents that, if the parents fail to substantially comply
  167  with the case plan, their parental rights may be terminated and
  168  that the child’s out-of-home placement may become permanent. The
  169  parent or parents shall provide to the court and all parties
  170  identification and location information of the relatives. The
  171  court shall review whether the department or community-based
  172  care lead agency has reasonably engaged in family finding and
  173  make a written determination as to its findings. The level of
  174  reasonableness is determined by the length of the case and
  175  amount of time the department or community-based care lead
  176  agency has had to begin or continue the process.
  177         (d)The court shall advise the parents that, if they fail
  178  to substantially comply with the case plan, their parental
  179  rights may be terminated and that the child’s out-of-home
  180  placement may become permanent.
  181         Section 5. Effective January 1, 2019, section 39.5085,
  182  Florida Statutes, is amended to read:
  183         39.5085 Kinship Care Relative Caregiver Program.—
  184         (1) LEGISLATIVE FINDINGS AND INTENT.—
  185         (a) The Legislature finds that an increasing number of
  186  relatives and fictive kin are assuming the responsibility of
  187  raising children because the parents of these children are
  188  unable to care for them.
  189         (b) The Legislature also finds that these kinship
  190  caregivers perform a vital function by providing homes for
  191  children who would otherwise be at risk of foster care placement
  192  and that kinship care is a crucial option in the spectrum of
  193  out-of-home care available to children in need.
  194         (c) The Legislature finds that children living with kinship
  195  caregivers experience increased placement stability, are less
  196  likely to reenter care if they are reunified with their parents,
  197  and have better behavioral and mental health outcomes.
  198         (d) The Legislature further finds that these kinship
  199  caregivers may face a number of difficulties and need assistance
  200  to support the health and well-being of the children they care
  201  for. These needs include, but are not limited to, financial
  202  assistance, legal assistance, respite care, child care,
  203  specialized training, and counseling.
  204         (e) It is the intent of the Legislature to provide for the
  205  establishment and implementation of procedures and protocols
  206  that are likely to increase and adequately support appropriate
  207  and safe kinship care placements.
  208         (2) DEFINITIONS.—As used this section, the term:
  209         (a) “Fictive kin” means an individual who is unrelated to
  210  the child by either birth or marriage, but has such a close
  211  emotional relationship with the child that he or she may be
  212  considered part of the family.
  213         (b) “Kinship care” means the full-time care of a child
  214  placed in out-of-home care by the court in the home of a
  215  relative or fictive kin.
  216         (c) “Kinship navigator program” means a statewide program
  217  designed to ensure that kinship caregivers are provided with
  218  necessary resources for the preservation of the family.
  219         (d) “Relative” means an individual who is caring full time
  220  for a child placed in out-of-home care by the court and who:
  221         1. Is related to the child within the fifth degree by blood
  222  or marriage to the parent or stepparent of the child; or
  223         2. Is related to a half-sibling of that child within the
  224  fifth degree by blood or marriage to the parent or stepparent.
  225         (3) FINANCIAL ASSISTANCE.—The department shall provide
  226  financial assistance to all caregivers who qualify under this
  227  subsection.
  228         (a) Relatives or fictive kin caring for a child who has
  229  been placed with them by the court shall receive a monthly
  230  caregiver benefit, beginning when the child is placed with them.
  231  The amount of the benefit payment is based on the child’s age
  232  within a payment schedule established by rule of the department.
  233  The cost of providing the assistance described in this section
  234  to any caregiver may not exceed the cost of providing out-of
  235  home care in emergency shelter or foster care.
  236         (b) Caregivers who receive assistance under this section
  237  must be capable, as determined by a home study, of providing a
  238  physically safe environment and a stable, supportive home for
  239  the children under their care and must assure that the
  240  children’s well-being is met, including, but not limited to, the
  241  provision of immunizations, education, and mental health
  242  services, as needed.
  243         (c) Caregivers who qualify for and receive assistance under
  244  this section are not required to meet foster care licensing
  245  requirements under s. 409.175.
  246         (d)Children receiving cash benefits under this section are
  247  not eligible to simultaneously receive WAGES cash benefits under
  248  chapter 414.
  249         (d) A caregiver may not receive a benefit payment if the
  250  parent or stepparent of the child resides in the home. However,
  251  a caregiver may receive the benefit payment for a minor parent
  252  who is in his or her care, as well as for the minor parent’s
  253  child, if both children have been adjudicated dependent and meet
  254  all other eligibility requirements. If the caregiver is
  255  receiving a benefit payment when a parent, other than an
  256  eligible minor parent, or stepparent moves into the home, the
  257  payment must be terminated no later than the first day of the
  258  month following the move, allowing for 10-day notice of adverse
  259  action.
  260         (e) Children living with caregivers who are receiving
  261  assistance under this section are eligible for Medicaid
  262  coverage.
  263         (4) ADDITIONAL ASSISTANCE AND SERVICES.—
  264         (a) The purpose of a kinship navigator program is to help
  265  relative caregivers and fictive kin in the child welfare system
  266  to navigate the broad range of services available to them and
  267  the children from public, private, community, and faith-based
  268  organizations.
  269         (b) By January 1, 2019, each community-based care lead
  270  agency shall establish a kinship navigator program. In order to
  271  meet the requirements of a kinship navigator program, the
  272  program must:
  273         1. Be coordinated with other state or local agencies that
  274  promote service coordination or provide information and referral
  275  services, including any entities that participate in the Florida
  276  211 Network, to avoid duplication or fragmentation of services
  277  to kinship care families;
  278         2. Be planned and operated in consultation with kinship
  279  caregivers and organizations representing them, youth raised by
  280  kinship caregivers, relevant governmental agencies, and relevant
  281  community-based or faith-based organizations;
  282         3.Establish a toll-free telephone hotline to provide
  283  information to link kinship caregivers, kinship support group
  284  facilitators, and kinship service providers to:
  285         a.One another;
  286         b.Eligibility and enrollment information for federal,
  287  state, and local benefits;
  288         c.Relevant training to assist kinship caregivers in
  289  caregiving and in obtaining benefits and services; and
  290         d.Relevant knowledge related to legal options available
  291  for child custody, other legal assistance, and help in obtaining
  292  legal services.
  293         4.Provide outreach to kinship care families, including by
  294  establishing, distributing, and updating a kinship care website,
  295  or other relevant guides or outreach materials; and
  296         5.Promote partnerships between public and private
  297  agencies, including schools, community-based or faith-based
  298  organizations, and relevant governmental agencies, to increase
  299  their knowledge of the needs of kinship care families to promote
  300  better services for those families.
  301         (5) RULEMAKING.—The department shall adopt rules to
  302  implement this section.
  303         (1) It is the intent of the Legislature in enacting this
  304  section to:
  305         (a) Provide for the establishment of procedures and
  306  protocols that serve to advance the continued safety of children
  307  by acknowledging the valued resource uniquely available through
  308  grandparents, relatives of children, and specified nonrelatives
  309  of children pursuant to subparagraph (2)(a)3.
  310         (b) Recognize family relationships in which a grandparent
  311  or other relative is the head of a household that includes a
  312  child otherwise at risk of foster care placement.
  313         (c) Enhance family preservation and stability by
  314  recognizing that most children in such placements with
  315  grandparents and other relatives do not need intensive
  316  supervision of the placement by the courts or by the department.
  317         (d) Recognize that permanency in the best interests of the
  318  child can be achieved through a variety of permanency options,
  319  including permanent guardianship under s. 39.6221 if the
  320  guardian is a relative, by permanent placement with a fit and
  321  willing relative under s. 39.6231, by a relative, guardianship
  322  under chapter 744, or adoption, by providing additional
  323  placement options and incentives that will achieve permanency
  324  and stability for many children who are otherwise at risk of
  325  foster care placement because of abuse, abandonment, or neglect,
  326  but who may successfully be able to be placed by the dependency
  327  court in the care of such relatives.
  328         (e) Reserve the limited casework and supervisory resources
  329  of the courts and the department for those cases in which
  330  children do not have the option for safe, stable care within the
  331  family.
  332         (f) Recognize that a child may have a close relationship
  333  with a person who is not a blood relative or a relative by
  334  marriage and that such person should be eligible for financial
  335  assistance under this section if he or she is able and willing
  336  to care for the child and provide a safe, stable home
  337  environment.
  338         (2)(a) The Department of Children and Families shall
  339  establish, operate, and implement the Relative Caregiver Program
  340  by rule of the department. The Relative Caregiver Program shall,
  341  within the limits of available funding, provide financial
  342  assistance to:
  343         1. Relatives who are within the fifth degree by blood or
  344  marriage to the parent or stepparent of a child and who are
  345  caring full-time for that dependent child in the role of
  346  substitute parent as a result of a court’s determination of
  347  child abuse, neglect, or abandonment and subsequent placement
  348  with the relative under this chapter.
  349         2. Relatives who are within the fifth degree by blood or
  350  marriage to the parent or stepparent of a child and who are
  351  caring full-time for that dependent child, and a dependent half
  352  brother or half-sister of that dependent child, in the role of
  353  substitute parent as a result of a court’s determination of
  354  child abuse, neglect, or abandonment and subsequent placement
  355  with the relative under this chapter.
  356         3. Nonrelatives who are willing to assume custody and care
  357  of a dependent child in the role of substitute parent as a
  358  result of a court’s determination of child abuse, neglect, or
  359  abandonment and subsequent placement with the nonrelative
  360  caregiver under this chapter. The court must find that a
  361  proposed placement under this subparagraph is in the best
  362  interest of the child.
  363         4. A relative or nonrelative caregiver, but the relative or
  364  nonrelative caregiver may not receive a Relative Caregiver
  365  Program payment if the parent or stepparent of the child resides
  366  in the home. However, a relative or nonrelative may receive the
  367  Relative Caregiver Program payment for a minor parent who is in
  368  his or her care, as well as for the minor parent’s child, if
  369  both children have been adjudicated dependent and meet all other
  370  eligibility requirements. If the caregiver is currently
  371  receiving the payment, the Relative Caregiver Program payment
  372  must be terminated no later than the first of the following
  373  month after the parent or stepparent moves into the home,
  374  allowing for 10-day notice of adverse action.
  375  
  376  The placement may be court-ordered temporary legal custody to
  377  the relative or nonrelative under protective supervision of the
  378  department pursuant to s. 39.521(1)(c)3., or court-ordered
  379  placement in the home of a relative or nonrelative as a
  380  permanency option under s. 39.6221 or s. 39.6231 or under former
  381  s. 39.622 if the placement was made before July 1, 2006. The
  382  Relative Caregiver Program shall offer financial assistance to
  383  caregivers who would be unable to serve in that capacity without
  384  the caregiver payment because of financial burden, thus exposing
  385  the child to the trauma of placement in a shelter or in foster
  386  care.
  387         (b) Caregivers who receive assistance under this section
  388  must be capable, as determined by a home study, of providing a
  389  physically safe environment and a stable, supportive home for
  390  the children under their care and must assure that the
  391  children’s well-being is met, including, but not limited to, the
  392  provision of immunizations, education, and mental health
  393  services as needed.
  394         (c) Relatives or nonrelatives who qualify for and
  395  participate in the Relative Caregiver Program are not required
  396  to meet foster care licensing requirements under s. 409.175.
  397         (d) Relatives or nonrelatives who are caring for children
  398  placed with them by the court pursuant to this chapter shall
  399  receive a special monthly caregiver benefit established by rule
  400  of the department. The amount of the special benefit payment
  401  shall be based on the child’s age within a payment schedule
  402  established by rule of the department and subject to
  403  availability of funding. The statewide average monthly rate for
  404  children judicially placed with relatives or nonrelatives who
  405  are not licensed as foster homes may not exceed 82 percent of
  406  the statewide average foster care rate, and the cost of
  407  providing the assistance described in this section to any
  408  caregiver may not exceed the cost of providing out-of-home care
  409  in emergency shelter or foster care.
  410         (e) Children receiving cash benefits under this section are
  411  not eligible to simultaneously receive WAGES cash benefits under
  412  chapter 414.
  413         (f) Within available funding, the Relative Caregiver
  414  Program shall provide caregivers with family support and
  415  preservation services, flexible funds in accordance with s.
  416  409.165, school readiness, and other available services in order
  417  to support the child’s safety, growth, and healthy development.
  418  Children living with caregivers who are receiving assistance
  419  under this section shall be eligible for Medicaid coverage.
  420         (g) The department may use appropriate available state,
  421  federal, and private funds to operate the Relative Caregiver
  422  Program. The department may develop liaison functions to be
  423  available to relatives or nonrelatives who care for children
  424  pursuant to this chapter to ensure placement stability in
  425  extended family settings.
  426         Section 6. Paragraph (e) of subsection (1) of section
  427  39.521, Florida Statutes, is amended to read:
  428         39.521 Disposition hearings; powers of disposition.—
  429         (1) A disposition hearing shall be conducted by the court,
  430  if the court finds that the facts alleged in the petition for
  431  dependency were proven in the adjudicatory hearing, or if the
  432  parents or legal custodians have consented to the finding of
  433  dependency or admitted the allegations in the petition, have
  434  failed to appear for the arraignment hearing after proper
  435  notice, or have not been located despite a diligent search
  436  having been conducted.
  437         (e) The court shall, in its written order of disposition,
  438  include all of the following:
  439         1. The placement or custody of the child.
  440         2. Special conditions of placement and visitation.
  441         3. Evaluation, counseling, treatment activities, and other
  442  actions to be taken by the parties, if ordered.
  443         4. The persons or entities responsible for supervising or
  444  monitoring services to the child and parent.
  445         5. Continuation or discharge of the guardian ad litem, as
  446  appropriate.
  447         6. The date, time, and location of the next scheduled
  448  review hearing, which must occur within the earlier of:
  449         a. Ninety days after the disposition hearing;
  450         b. Ninety days after the court accepts the case plan;
  451         c. Six months after the date of the last review hearing; or
  452         d. Six months after the date of the child’s removal from
  453  his or her home, if no review hearing has been held since the
  454  child’s removal from the home.
  455         7. If the child is in an out-of-home placement, child
  456  support to be paid by the parents, or the guardian of the
  457  child’s estate if possessed of assets which under law may be
  458  disbursed for the care, support, and maintenance of the child.
  459  The court may exercise jurisdiction over all child support
  460  matters, shall adjudicate the financial obligation, including
  461  health insurance, of the child’s parents or guardian, and shall
  462  enforce the financial obligation as provided in chapter 61. The
  463  state’s child support enforcement agency shall enforce child
  464  support orders under this section in the same manner as child
  465  support orders under chapter 61. Placement of the child shall
  466  not be contingent upon issuance of a support order.
  467         8.a. If the court does not commit the child to the
  468  temporary legal custody of an adult relative, legal custodian,
  469  or other adult approved by the court, the disposition order must
  470  shall include the reasons for such a decision and shall include
  471  a written determination as to whether diligent efforts were made
  472  by the department and the community-based care lead agency
  473  reasonably engaged in family finding in attempting to locate an
  474  adult relative, legal custodian, or other adult willing to care
  475  for the child in order to present that placement option to the
  476  court instead of placement with the department. The level of
  477  reasonableness is determined by the length of the case and
  478  amount of time the department or community-based care lead
  479  agency has had to begin or continue the process.
  480         b. If no suitable relative is found and the child is placed
  481  with the department or a legal custodian or other adult approved
  482  by the court, both the department and the court shall consider
  483  transferring temporary legal custody to an adult relative
  484  approved by the court at a later date, but neither the
  485  department nor the court is obligated to so place the child if
  486  it is in the child’s best interest to remain in the current
  487  placement.
  488  
  489  For the purposes of this section, “diligent efforts to locate an
  490  adult relative” means a search similar to the diligent search
  491  for a parent, but without the continuing obligation to search
  492  after an initial adequate search is completed.
  493         9. Other requirements necessary to protect the health,
  494  safety, and well-being of the child, to preserve the stability
  495  of the child’s child care, early education program, or any other
  496  educational placement, and to promote family preservation or
  497  reunification whenever possible.
  498         Section 7. Paragraph (b) of subsection (2) and paragraph
  499  (a) of subsection (3) of section 39.6012, Florida Statutes, are
  500  amended to read:
  501         39.6012 Case plan tasks; services.—
  502         (2) The case plan must include all available information
  503  that is relevant to the child’s care including, at a minimum:
  504         (b) A description of the plan for ensuring that the child
  505  receives safe and proper care and that services are provided to
  506  the child in order to address the child’s needs. To the extent
  507  available and accessible, the following health, mental health,
  508  and education information and records of the child must be
  509  attached to the case plan and updated throughout the judicial
  510  review process:
  511         1. The names and addresses of the child’s health, mental
  512  health, and educational providers;
  513         2. The child’s grade level performance;
  514         3. The child’s school record or, if the child is under the
  515  age of school entry, any records from a child care program,
  516  early education program, or preschool program;
  517         4.Documentation of compliance or noncompliance with the
  518  attendance requirements under s. 39.604, if the child is
  519  enrolled in a child care program, early education program, or
  520  preschool program;
  521         5.4. Assurances that the child’s placement takes into
  522  account proximity to the school in which the child is enrolled
  523  at the time of placement;
  524         6.5.A record of The child’s immunizations;
  525         7.6. The child’s known medical history, including any known
  526  health problems;
  527         8.7. The child’s medications, if any; and
  528         9.8. Any other relevant health, mental health, and
  529  education information concerning the child.
  530         (3) In addition to any other requirement, if the child is
  531  in an out-of-home placement, the case plan must include:
  532         (a) A description of the type of placement in which the
  533  child is to be living and, if the child has been placed with the
  534  department, whether the department and the community-based care
  535  lead agency have reasonably engaged in family finding to locate
  536  an adult relative, legal custodian, or other adult willing to
  537  care for the child in order to present that placement option to
  538  the court instead of placement with the department.
  539         Section 8. Section 39.604, Florida Statutes, is amended to
  540  read:
  541         39.604 Rilya Wilson Act; short title; legislative intent;
  542  early intervention; child care; early education; preschool
  543  requirements; attendance and reporting responsibilities.—
  544         (1) SHORT TITLE.—This section may be cited as the “Rilya
  545  Wilson Act.”
  546         (2) LEGISLATIVE FINDINGS AND INTENT.—
  547         (a) The Legislature finds that children from birth to age 5
  548  years are particularly vulnerable to maltreatment and that they
  549  enter out-of-home care in disproportionately high numbers.
  550         (b) The Legislature also finds that children who are abused
  551  or neglected are at high risk of experiencing physical and
  552  mental health problems and problems with language and
  553  communication, cognitive development, and social and emotional
  554  development.
  555         (c) The Legislature also finds that providing early
  556  intervention and services, as well as quality child care and
  557  early education programs to support the healthy development of
  558  these young children, can have positive effects that last
  559  throughout childhood and into adulthood.
  560         (d) The Legislature also finds that the needs of each of
  561  these children are unique, and while some children may be best
  562  served by a quality child care or early education program,
  563  others may need more attention and nurturing that can best be
  564  provided by a stay-at-home caregiver The Legislature recognizes
  565  that children who are in the care of the state due to abuse,
  566  neglect, or abandonment are at increased risk of poor school
  567  performance and other behavioral and social problems.
  568         (e) It is the intent of the Legislature that children who
  569  are currently in out-of-home the care of the state be provided
  570  with an age-appropriate developmental child care or early
  571  education arrangement that is in the best interest of the child
  572  education program to help ameliorate the negative consequences
  573  of abuse, neglect, or abandonment.
  574         (3) EARLY INTERVENTION FOR CHILDREN UNDER THE AGE OF
  575  THREE.—The Child Abuse Prevention and Treatment Act, 42 U.S.C.
  576  ss. 5101, et seq., and federal the Individuals with Disabilities
  577  Education Act requires states to have provisions and procedures
  578  for referring to early intervention services children who are
  579  under the age of 3 years and involved in substantiated cases of
  580  child abuse or neglect, or who are affected by substance abuse
  581  or withdrawal symptoms from prenatal drug exposure.
  582         (a) Referral process.—A child from birth to age 36 months
  583  who is determined to be a victim of any substantiated case of
  584  child abuse or neglect or who is affected by substance abuse or
  585  withdrawal symptoms from prenatal drug exposure, shall be
  586  referred to the Early Steps Program under s. 391.301, according
  587  to the following criteria:
  588         1. Children who will remain in the home of their parents or
  589  legal guardian without referral to a community-based care lead
  590  agency for services shall be referred to the Early Steps Program
  591  by the protective investigator handling the case within 48 hours
  592  of verification of the abuse or neglect.
  593         2. When there is an indication that they may have an
  594  established condition or developmental delay, children who will
  595  remain in the home of their parents or legal guardian and who
  596  are referred to a community-based care lead agency for services
  597  must be referred to the Early Steps Program by the community
  598  based care lead agency case worker during the case plan
  599  development process within 7 days after the identification of an
  600  established condition or possible developmental delay. The
  601  community-based care lead agency shall follow up to determine
  602  whether the child has been found eligible for Part C services
  603  and shall support the participation of the eligible children’s
  604  families in the Early Steps Program. Support may include, but
  605  need not be limited to:
  606         a. Assistance with transportation, if necessary;
  607         b. Providing written information about the Early Steps
  608  Program; and
  609         c. Followup with the family and encouraging the child’s
  610  participation in the Early Steps Program.
  611         3. Children being placed into shelter care for referral to
  612  a community-based care lead agency for out-of-home placement
  613  must receive an initial assessment during the case plan
  614  development process and may be referred to the Early Steps
  615  Program according to the following criteria:
  616         a. Children who are not referred for a comprehensive
  617  behavioral health assessment under the Medicaid program must be
  618  referred to the Early Steps Program by the case worker during
  619  the case plan development process for the child. The referral
  620  must be documented in the case plan.
  621         b. Children who are referred for a comprehensive behavioral
  622  health assessment under the Medicaid program must be referred to
  623  the Early Steps Program by the community-based care lead agency
  624  case worker if their comprehensive behavioral health assessment
  625  flags them as potentially having a developmental delay or an
  626  established condition. The referral must be documented in the
  627  case plan. The Early Steps Program referral form must be
  628  accompanied by the comprehensive behavioral health assessment
  629  that flagged the child as potentially having a developmental
  630  delay or an established condition.
  631         (b) Screening and evaluation.—The local Early Steps Program
  632  shall screen or evaluate all children referred by the department
  633  or its contracted agencies. The information on the outcome of a
  634  child’s screening or evaluation, and any recommended services on
  635  the child’s individualized family support plan, shall be
  636  forwarded by the Early Steps Program’s service coordinator to
  637  the department and the community-based care lead agency for
  638  consideration in development of the child’s case plan.
  639         (c) Appointment of surrogate parent.—Federal law requires
  640  parental consent and participation at every stage of the early
  641  intervention process after referral. A dependency court shall
  642  appoint a surrogate parent under s. 39.0016 for a child from
  643  birth to age 36 months whose parents are unavailable or
  644  unwilling to provide consent for services when the child has
  645  been determined to be a victim of any substantiated case of
  646  child abuse or neglect or is affected by substance abuse or
  647  withdrawal symptoms from prenatal drug exposure and has been
  648  referred to the Early Steps Program under s. 391.301.
  649         (4) EARLY INTERVENTION FOR CHILDREN AGES THREE YEARS TO
  650  FIVE YEARS.—The federal Individuals with Disabilities Education
  651  Act requires states to develop a comprehensive Child Find
  652  program to locate children who are potentially eligible for
  653  services, including children who are involved in substantiated
  654  cases of child abuse or neglect, and link them to early
  655  intervention services. If the department or a community-based
  656  care lead agency suspects that a child is a victim of
  657  substantiated child abuse or neglect, the child must be referred
  658  to the Child Find program of the Florida Diagnostic and Learning
  659  Resources System for assessment.
  660         (5) CHILD CARE, EARLY EDUCATION PROGRAMS, PRESCHOOL.
  661  Research has found that the quality of child care, early
  662  education programs, and preschool programs is important to the
  663  cognitive, language, and social development of young children,
  664  with consistent and emotionally supportive care being of great
  665  benefit to children and their families. Children who receive
  666  high-quality early childhood care and education have better
  667  math, language, and social skills as they enter school, and, as
  668  they grow older, require less remedial education, progress
  669  further in school, and have fewer interactions with the justice
  670  system. Significant involvement of parents in early childhood
  671  care and education may help reduce the incidence of maltreatment
  672  of children and may be beneficial to children and families who
  673  are already involved in the child welfare system by virtue of
  674  establishing caring relationships in a supportive learning
  675  environment that assists parents in establishing social support
  676  networks, accessing information about parenting and child
  677  development, and receiving referrals to other services.
  678         (a) Early child care and education preference.—Care for
  679  children in out-of-home care shall be chosen by the caregiver
  680  according to the following order:
  681         1. Providers who receive a Gold Seal Quality Care
  682  designation pursuant to s. 402.281, or providers participating
  683  in a quality rating system;
  684         2. Licensed child care providers;
  685         3. Public school providers; and
  686         4. License-exempt child care providers, including
  687  religious-exempt and registered providers, and non-public
  688  schools. These providers must be participating in the school
  689  readiness program through the local early learning coalition.
  690         (b) Enrollment
  691         (3) REQUIREMENTS.—
  692         1. A child from birth to the age of school entry, who is
  693  under court-ordered protective supervision or in out-of-home
  694  care and is the custody of the Family Safety Program Office of
  695  the Department of Children and Families or a community-based
  696  lead agency, and enrolled in an a licensed early education or
  697  child care program must attend the program 5 days a week unless
  698  the court grants an exception due to the court determining it is
  699  in the best interest of a child from birth to age 3 years:
  700         a. With a stay-at-home caregiver to remain at home.
  701         b. With a caregiver who works less than full time to attend
  702  an early education or child care program fewer than 5 days a
  703  week.
  704         2. Notwithstanding s. 39.202, the department of Children
  705  and Families must notify operators of an the licensed early
  706  education or child care program, subject to the reporting
  707  requirements of this act, of the enrollment of any child from
  708  birth to the age of school entry, under court-ordered protective
  709  supervision or in out-of-home care. If the custody of the Family
  710  Safety Program Office of the Department of Children and Families
  711  or a community-based lead agency. When a child is enrolled in an
  712  early education or child care program regulated by the
  713  department, the child’s attendance in the program must be a
  714  required task action in the safety plan or the case plan
  715  developed for the child pursuant to this chapter. An exemption
  716  to participating in the licensed early education or child care
  717  program 5 days a week may be granted by the court.
  718         (c)(4)Attendance ATTENDANCE AND REPORTING REQUIREMENTS.—
  719         1.(a) A child enrolled in an a licensed early education or
  720  child care program who meets the requirements of paragraph (b)
  721  subsection (3) may not be withdrawn from the program without the
  722  prior written approval of the department Family Safety Program
  723  Office of the Department of Children and Families or the
  724  community-based care lead agency.
  725         2.a.(b)1. If a child covered by this section is absent from
  726  the program on a day when he or she is supposed to be present,
  727  the person with whom the child resides must report the absence
  728  to the program by the end of the business day. If the person
  729  with whom the child resides, whether the parent or caregiver,
  730  fails to timely report the absence, the absence is considered to
  731  be unexcused. The program shall report any unexcused absence or
  732  seven consecutive excused absences of a child who is enrolled in
  733  the program and covered by this act to the local designated
  734  staff of the Family Safety Program Office of the department of
  735  Children and Families or the community-based care lead agency by
  736  the end of the business day following the unexcused absence or
  737  seventh consecutive excused absence.
  738         b.2. The department or community-based care lead agency
  739  shall conduct a site visit to the residence of the child upon
  740  receiving a report of two consecutive unexcused absences or
  741  seven consecutive excused absences.
  742         c.3. If the site visit results in a determination that the
  743  child is missing, the department or community-based care lead
  744  agency shall follow the procedure set forth in s. 39.0141 report
  745  the child as missing to a law enforcement agency and proceed
  746  with the necessary actions to locate the child pursuant to
  747  procedures for locating missing children.
  748         d.4. If the site visit results in a determination that the
  749  child is not missing, the parent or caregiver shall be notified
  750  that failure to ensure that the child attends the licensed early
  751  education or child care program is a violation of the safety
  752  plan or the case plan. If more than two site visits are
  753  conducted pursuant to this paragraph subsection, staff shall
  754  initiate action to notify the court of the parent or caregiver’s
  755  noncompliance with the case plan.
  756         (6) EDUCATIONAL STABILITY.—Just as educational stability is
  757  important for school-age children, it is also important to
  758  minimize disruptions to secure attachments and stable
  759  relationships with supportive caregivers of children from birth
  760  to school age and to ensure that these attachments are not
  761  disrupted due to placement in out-of-home care or subsequent
  762  changes in out-of-home placement.
  763         (a) A child must be allowed to remain in the child care or
  764  early educational setting that he or she attended before entry
  765  into out-of-home care, unless the program is not in the best
  766  interest of the child.
  767         (b) If it is not in the best interest of the child for him
  768  or her to remain in his or her child care or early education
  769  setting upon entry into out-of-home care, the caregiver must
  770  work with the case manager, guardian ad litem, child care and
  771  educational staff, and educational surrogate, if one has been
  772  appointed, to determine the best setting for the child. Such
  773  setting may be a child care provider that receives a Gold Seal
  774  Quality Care designation pursuant to s. 402.281, a provider
  775  participating in a quality rating system, a licensed child care
  776  provider, a public school provider, or a license-exempt child
  777  care provider, including religious-exempt and registered
  778  providers, and non-public schools.
  779         (c) The department and providers of early care and
  780  education shall develop protocols to ensure continuity if
  781  children are required to leave a program because of a change in
  782  out-of-home placement.
  783         (7) TRANSITIONS.—In the absence of an emergency, if a child
  784  from birth to school age leaves a child care or early education
  785  program, the transition must be pursuant to a plan that involves
  786  cooperation and sharing of information among all persons
  787  involved, that respects the child’s developmental stage and
  788  associated psychological needs, and that allows for a gradual
  789  transition from one setting to another.
  790         Section 9. Paragraph (c) of subsection (2) of section
  791  39.701, Florida Statutes, is amended to read:
  792         39.701 Judicial review.—
  793         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  794  AGE.—
  795         (c) Review determinations.—The court and any citizen review
  796  panel shall take into consideration the information contained in
  797  the social services study and investigation and all medical,
  798  psychological, and educational records that support the terms of
  799  the case plan; testimony by the social services agency, the
  800  parent, the foster parent or legal custodian, the guardian ad
  801  litem or surrogate parent for educational decisionmaking if one
  802  has been appointed for the child, and any other person deemed
  803  appropriate; and any relevant and material evidence submitted to
  804  the court, including written and oral reports to the extent of
  805  their probative value. These reports and evidence may be
  806  received by the court in its effort to determine the action to
  807  be taken with regard to the child and may be relied upon to the
  808  extent of their probative value, even though not competent in an
  809  adjudicatory hearing. In its deliberations, the court and any
  810  citizen review panel shall seek to determine:
  811         1. If the parent was advised of the right to receive
  812  assistance from any person or social service agency in the
  813  preparation of the case plan.
  814         2. If the parent has been advised of the right to have
  815  counsel present at the judicial review or citizen review
  816  hearings. If not so advised, the court or citizen review panel
  817  shall advise the parent of such right.
  818         3. If a guardian ad litem needs to be appointed for the
  819  child in a case in which a guardian ad litem has not previously
  820  been appointed or if there is a need to continue a guardian ad
  821  litem in a case in which a guardian ad litem has been appointed.
  822         4. Who holds the rights to make educational decisions for
  823  the child. If appropriate, the court may refer the child to the
  824  district school superintendent for appointment of a surrogate
  825  parent or may itself appoint a surrogate parent under the
  826  Individuals with Disabilities Education Act and s. 39.0016. If
  827  the child is under the age of school entry, the court must make
  828  the appointment.
  829         5. The compliance or lack of compliance of all parties with
  830  applicable items of the case plan, including the parents’
  831  compliance with child support orders.
  832         6. The compliance or lack of compliance with a visitation
  833  contract between the parent and the social service agency for
  834  contact with the child, including the frequency, duration, and
  835  results of the parent-child visitation and the reason for any
  836  noncompliance.
  837         7. The frequency, kind, and duration of contacts among
  838  siblings who have been separated during placement, as well as
  839  any efforts undertaken to reunite separated siblings if doing so
  840  is in the best interest of the child.
  841         8. The compliance or lack of compliance of the parent in
  842  meeting specified financial obligations pertaining to the care
  843  of the child, including the reason for failure to comply, if
  844  applicable.
  845         9. Whether the child is receiving safe and proper care
  846  according to s. 39.6012, including, but not limited to, the
  847  appropriateness of the child’s current placement, including
  848  whether the child is in a setting that is as family-like and as
  849  close to the parent’s home as possible, consistent with the
  850  child’s best interests and special needs, and including
  851  maintaining stability in the child’s educational placement, as
  852  documented by assurances from the community-based care provider
  853  that:
  854         a. The placement of the child takes into account the
  855  appropriateness of the current educational setting and the
  856  proximity to the school in which the child is enrolled at the
  857  time of placement.
  858         b. The community-based care agency has coordinated with
  859  appropriate local educational agencies to ensure that the child
  860  remains in the school in which the child is enrolled at the time
  861  of placement.
  862         10. Whether the department or community-based care lead
  863  agency continues to reasonably engage in family finding. The
  864  level of reasonableness is determined by the length of the case
  865  and amount of time the department or community-based care lead
  866  agency has had to continue the process.
  867         11. 10. A projected date likely for the child’s return home
  868  or other permanent placement.
  869         12. 11. When appropriate, the basis for the unwillingness
  870  or inability of the parent to become a party to a case plan. The
  871  court and the citizen review panel shall determine if the
  872  efforts of the social service agency to secure party
  873  participation in a case plan were sufficient.
  874         13. 12. For a child who has reached 13 years of age but is
  875  not yet 18 years of age, the adequacy of the child’s preparation
  876  for adulthood and independent living. For a child who is 15
  877  years of age or older, the court shall determine if appropriate
  878  steps are being taken for the child to obtain a driver license
  879  or learner’s driver license.
  880         14. 13. If amendments to the case plan are required.
  881  Amendments to the case plan must be made as provided in under s.
  882  39.6013.
  883         Section 10. Effective January 1, 2019, paragraph (b) of
  884  subsection (1) of section 414.045, Florida Statutes, is amended
  885  to read:
  886         414.045 Cash assistance program.—Cash assistance families
  887  include any families receiving cash assistance payments from the
  888  state program for temporary assistance for needy families as
  889  defined in federal law, whether such funds are from federal
  890  funds, state funds, or commingled federal and state funds. Cash
  891  assistance families may also include families receiving cash
  892  assistance through a program defined as a separate state
  893  program.
  894         (1) For reporting purposes, families receiving cash
  895  assistance shall be grouped into the following categories. The
  896  department may develop additional groupings in order to comply
  897  with federal reporting requirements, to comply with the data
  898  reporting needs of the board of directors of CareerSource
  899  Florida, Inc., or to better inform the public of program
  900  progress.
  901         (b) Child-only cases.—Child-only cases include cases that
  902  do not have an adult or teen head of household as defined in
  903  federal law. Such cases include:
  904         1. Children in the care of caretaker relatives, if the
  905  caretaker relatives choose to have their needs excluded in the
  906  calculation of the amount of cash assistance.
  907         2. Families in the Kinship Care Relative Caregiver Program
  908  as provided in s. 39.5085.
  909         3. Families in which the only parent in a single-parent
  910  family or both parents in a two-parent family receive
  911  supplemental security income (SSI) benefits under Title XVI of
  912  the Social Security Act, as amended. To the extent permitted by
  913  federal law, individuals receiving SSI shall be excluded as
  914  household members in determining the amount of cash assistance,
  915  and such cases shall not be considered families containing an
  916  adult. Parents or caretaker relatives who are excluded from the
  917  cash assistance group due to receipt of SSI may choose to
  918  participate in work activities. An individual whose ability to
  919  participate in work activities is limited who volunteers to
  920  participate in work activities shall be assigned to work
  921  activities consistent with such limitations. An individual who
  922  volunteers to participate in a work activity may receive child
  923  care or support services consistent with such participation.
  924         4. Families in which the only parent in a single-parent
  925  family or both parents in a two-parent family are not eligible
  926  for cash assistance due to immigration status or other
  927  limitation of federal law. To the extent required by federal
  928  law, such cases shall not be considered families containing an
  929  adult.
  930         5. To the extent permitted by federal law and subject to
  931  appropriations, special needs children who have been adopted
  932  pursuant to s. 409.166 and whose adopting family qualifies as a
  933  needy family under the state program for temporary assistance
  934  for needy families. Notwithstanding any provision to the
  935  contrary in s. 414.075, s. 414.085, or s. 414.095, a family
  936  shall be considered a needy family if:
  937         a. The family is determined by the department to have an
  938  income below 200 percent of the federal poverty level;
  939         b. The family meets the requirements of s. 414.095(2) and
  940  (3) related to residence, citizenship, or eligible noncitizen
  941  status; and
  942         c. The family provides any information that may be
  943  necessary to meet federal reporting requirements specified under
  944  Part A of Title IV of the Social Security Act.
  945  
  946  Families described in subparagraph 1., subparagraph 2., or
  947  subparagraph 3. may receive child care assistance or other
  948  supports or services so that the children may continue to be
  949  cared for in their own homes or in the homes of relatives. Such
  950  assistance or services may be funded from the temporary
  951  assistance for needy families block grant to the extent
  952  permitted under federal law and to the extent funds have been
  953  provided in the General Appropriations Act.
  954         Section 11. Paragraph (d) of subsection (1) of section
  955  1009.25, Florida Statutes, is amended to read:
  956         1009.25 Fee exemptions.—
  957         (1) The following students are exempt from the payment of
  958  tuition and fees, including lab fees, at a school district that
  959  provides workforce education programs, Florida College System
  960  institution, or state university:
  961  (d) A student who is or was at the time he or she reached 18
  962  years of age in the custody of a kinship caregiver relative or
  963  nonrelative under s. 39.5085 or who was adopted from the
  964  Department of Children and Families after May 5, 1997. Such
  965  exemption includes fees associated with enrollment in applied
  966  academics for adult education instruction. The exemption remains
  967  valid until the student reaches 28 years of age.
  968         Section 12. Except as otherwise expressly provided in this
  969  act, this act shall take effect July 1, 2018.
  970  
  971  ================= T I T L E  A M E N D M E N T ================
  972  And the title is amended as follows:
  973         Delete everything before the enacting clause
  974  and insert:
  975                        A bill to be entitled                      
  976         An act relating to child welfare; creating s.
  977         39.4015, F.S.; providing legislative findings and
  978         intent; defining terms; requiring the Department of
  979         Children and Families, in collaboration with sheriffs’
  980         offices that conduct child protective investigations
  981         and community-based care lead agencies, to develop a
  982         statewide family-finding program; requiring the
  983         implementation of family finding by a specified date;
  984         requiring the department and community-based care lead
  985         agencies to document strategies taken to engage
  986         relatives and kin; providing strategies to engage
  987         relatives and kin; requiring the department and
  988         community-based care lead agencies to use diligent
  989         efforts in family finding; providing that certain
  990         actions do not constitute family finding; requiring
  991         determinations by the court; requiring the department
  992         to adopt rules; amending s. 39.402, F.S.; requiring
  993         the court to request that parents consent to providing
  994         access to additional records; requiring a judge to
  995         appoint a surrogate parent for certain children;
  996         requiring the court to place on the record its
  997         determinations regarding the department’s or the
  998         community-based lead agency’s reasonable engagement in
  999         family finding; providing guidelines for determining
 1000         reasonableness; amending ss. 39.506; requiring the
 1001         court to make a determination regarding the
 1002         department’s or the community-based lead agency’s
 1003         reasonable engagement in family finding; providing
 1004         guidelines for determining reasonableness; amending s.
 1005         39.507 F.S.; requiring the court to make a
 1006         determination regarding the department’s or the
 1007         community-based lead agency’s reasonable engagement in
 1008         family finding; providing guidelines for determining
 1009         reasonableness; requiring the court to advise parents
 1010         that their parental rights may be terminated and the
 1011         child’s out-of-home placement may become permanent
 1012         under certain circumstances; amending s. 39.5085,
 1013         F.S.; providing legislative findings and intent;
 1014         defining terms; requiring the department to provide
 1015         financial assistance to kinship caregivers who meet
 1016         certain requirements; providing eligibility criteria
 1017         for such financial assistance; providing that children
 1018         living with caregivers who are receiving financial
 1019         assistance are eligible for Medicaid coverage;
 1020         providing the purpose of a kinship navigator program;
 1021         requiring each community-based care lead agency to
 1022         establish a kinship navigator program by a certain
 1023         date; providing requirements for programs; requiring
 1024         the department to adopt rules; deleting provisions
 1025         related to the Relative Caregiver Program; amending s.
 1026         39.521, F.S.; requiring the court to make a
 1027         determination regarding the department’s or the
 1028         community-based lead agency’s reasonable engagement in
 1029         family finding ; providing guidelines for determining
 1030         reasonableness; conforming provisions to changes made
 1031         by the act; amending s. 39.6012, F.S.; revising the
 1032         types of records that must be attached to a case plan
 1033         and updated throughout the judicial review process;
 1034         requiring that documentation of the family-finding
 1035         efforts of the department and the community-based care
 1036         lead agency be included in certain case plans;
 1037         amending s. 39.604, F.S.; revising legislative
 1038         findings and intent; providing requirements and
 1039         procedures for referring certain children to the Early
 1040         Steps Program; requiring the Early Steps Program to
 1041         screen or evaluate all children referred to the
 1042         program by the department or its contracted agencies;
 1043         requiring the service coordinator of the Early Steps
 1044         Program to forward certain information to the
 1045         department and the community-based care lead agency;
 1046         requiring the dependency court to appoint a surrogate
 1047         parent for certain children under certain
 1048         circumstances; requiring the department or a
 1049         community-based care lead agency to refer a child to
 1050         the Child Find program of the Florida Diagnostic and
 1051         Learning Resources System under certain circumstances;
 1052         requiring a caregiver to choose certain providers to
 1053         care for children in out-of-home care; revising
 1054         enrollment and attendance requirements for children in
 1055         an early education or child care program; conforming
 1056         cross-references; providing requirements and
 1057         procedures for maintaining the educational stability
 1058         of a child during the child’s placement in out-of-home
 1059         care, or subsequent changes in out-of-home placement;
 1060         requiring that a child’s transition from a child care
 1061         or early education program be pursuant to a plan that
 1062         meets certain requirements; amending s. 39.701, F.S.;
 1063         requiring the court to appoint a surrogate parent if
 1064         the child is under the age of school entry; requiring
 1065         the court to determine if the department and
 1066         community-based lead agency has continued to
 1067         reasonably engaged in family finding; providing
 1068         guidelines for determining the level of
 1069         reasonableness; amending ss. 414.045 and 1009.25,
 1070         F.S.; conforming provisions to changes made by the
 1071         act; providing effective dates.