Florida Senate - 2019                                     SB 634
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01072A-19                                           2019634__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; providing a short
    3         title; amending s. 25.385, F.S.; requiring the Florida
    4         Court Educational Council to establish certain
    5         standards for instruction of circuit and county court
    6         judges for dependency cases; creating s. 39.0142,
    7         F.S.; requiring the Department of Children and
    8         Families to notify local law enforcement agencies of
    9         certain people involved in a child protective
   10         investigation; authorizing a law enforcement officer
   11         to call the central abuse hotline in certain
   12         situations; creating s. 39.0143, F.S.; providing
   13         training requirements for the recognition and
   14         treatment of head trauma and brain injury in specified
   15         children; amending s. 39.8296, F.S.; requiring that
   16         the guardian ad litem training program include
   17         training on the recognition and treatment of head
   18         trauma and brain injury in specified children;
   19         amending s. 402.402, F.S.; requiring certain entities
   20         to provide training to certain parties on the
   21         recognition and treatment of head trauma and brain
   22         injury in specified children; removing obsolete
   23         language; amending s. 409.906, F.S.; requiring the
   24         Agency for Health Care Administration, in consultation
   25         with the department, to establish a targeted case
   26         management pilot project in certain judicial circuits;
   27         amending s. 409.988, F.S.; authorizing lead agencies
   28         to provide intensive family reunification services
   29         that combine child welfare and mental health services
   30         to certain families; creating s. 943.17297, F.S.;
   31         requiring the Criminal Justice Standards and Training
   32         Commission to incorporate training for specified
   33         purposes; requiring law enforcement officers to
   34         complete training on the recognition and treatment of
   35         head trauma and brain injury in specified children for
   36         certification or continued employment; providing an
   37         effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. This act may be cited as “Jordan’s Law.”
   42         Section 2. Section 25.385, Florida Statutes, is amended to
   43  read:
   44         25.385 Standards for instruction of circuit and county
   45  court judges in handling domestic violence cases.—
   46         (1) The Florida Court Educational Council shall establish
   47  standards for instruction of circuit and county court judges who
   48  have responsibility for domestic violence cases, and the council
   49  shall provide such instruction on a periodic and timely basis.
   50         (2) As used in this subsection, section:
   51         (a) the term “domestic violence” has the meaning set forth
   52  in s. 741.28.
   53         (b)“Family or household member” has the meaning set forth
   54  in s. 741.28.
   55         (2)The Florida Court Educational Council shall establish
   56  standards for instruction of circuit and county court judges who
   57  have responsibility for dependency cases regarding the
   58  recognition and treatment of head trauma and brain injury in a
   59  child from birth to 5 years of age. The council shall provide
   60  such instruction on a periodic and timely basis.
   61         Section 3. Section 39.0142, Florida Statutes, is created to
   62  read:
   63         39.0142Notifying law enforcement of parent or caregiver
   64  names.—
   65         (1)The department shall enter the name of a parent or
   66  caregiver who is the subject of a child protective investigation
   67  into the Florida Crime Information Center for the purpose of
   68  notifying local law enforcement agencies that there is an active
   69  investigation. If a law enforcement officer has contact with the
   70  named parent or caregiver, the officer may notify the department
   71  by calling the central abuse hotline and providing a synopsis of
   72  the interaction. The central abuse hotline shall determine the
   73  next appropriate action, if any.
   74         (2)The department shall remove the name of the parent or
   75  caregiver from the Florida Crime Information Center when there
   76  is no longer an active investigation or when judicial
   77  supervision has ended.
   78         Section 4. Section 39.0143, Florida Statutes, is created to
   79  read:
   80         39.0143Training on the recognition and treatment of head
   81  trauma and brain injury.—Training on the recognition and
   82  treatment of head trauma and brain injury in a child from birth
   83  to 5 years of age must include, at a minimum, the prevention,
   84  symptoms, risks, and treatment of head trauma or brain injuries.
   85         Section 5. Paragraph (b) of subsection (2) of section
   86  39.8296, Florida Statutes, is amended to read:
   87         39.8296 Statewide Guardian Ad Litem Office; legislative
   88  findings and intent; creation; appointment of executive
   89  director; duties of office.—
   90         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
   91  Statewide Guardian Ad Litem Office within the Justice
   92  Administrative Commission. The Justice Administrative Commission
   93  shall provide administrative support and service to the office
   94  to the extent requested by the executive director within the
   95  available resources of the commission. The Statewide Guardian Ad
   96  Litem Office shall not be subject to control, supervision, or
   97  direction by the Justice Administrative Commission in the
   98  performance of its duties, but the employees of the office shall
   99  be governed by the classification plan and salary and benefits
  100  plan approved by the Justice Administrative Commission.
  101         (b) The Statewide Guardian Ad Litem Office shall, within
  102  available resources, have oversight responsibilities for and
  103  provide technical assistance to all guardian ad litem and
  104  attorney ad litem programs located within the judicial circuits.
  105         1. The office shall identify the resources required to
  106  implement methods of collecting, reporting, and tracking
  107  reliable and consistent case data.
  108         2. The office shall review the current guardian ad litem
  109  programs in Florida and other states.
  110         3. The office, in consultation with local guardian ad litem
  111  offices, shall develop statewide performance measures and
  112  standards.
  113         4. The office shall develop a guardian ad litem training
  114  program, which must include, but not be limited to, the training
  115  requirements under s. 39.0143. The office shall establish a
  116  curriculum committee to develop the training program specified
  117  in this subparagraph. The curriculum committee shall include,
  118  but not be limited to, dependency judges, directors of circuit
  119  guardian ad litem programs, active certified guardians ad litem,
  120  a mental health professional who specializes in the treatment of
  121  children, a member of a child advocacy group, a representative
  122  of the Florida Coalition Against Domestic Violence, and a social
  123  worker experienced in working with victims and perpetrators of
  124  child abuse.
  125         5. The office shall review the various methods of funding
  126  guardian ad litem programs, shall maximize the use of those
  127  funding sources to the extent possible, and shall review the
  128  kinds of services being provided by circuit guardian ad litem
  129  programs.
  130         6. The office shall determine the feasibility or
  131  desirability of new concepts of organization, administration,
  132  financing, or service delivery designed to preserve the civil
  133  and constitutional rights and fulfill other needs of dependent
  134  children.
  135         7. In an effort to promote normalcy and establish trust
  136  between a court-appointed volunteer guardian ad litem and a
  137  child alleged to be abused, abandoned, or neglected under this
  138  chapter, a guardian ad litem may transport a child. However, a
  139  guardian ad litem volunteer may not be required or directed by
  140  the program or a court to transport a child.
  141         8. The office shall submit to the Governor, the President
  142  of the Senate, the Speaker of the House of Representatives, and
  143  the Chief Justice of the Supreme Court an interim report
  144  describing the progress of the office in meeting the goals as
  145  described in this section. The office shall submit to the
  146  Governor, the President of the Senate, the Speaker of the House
  147  of Representatives, and the Chief Justice of the Supreme Court a
  148  proposed plan including alternatives for meeting the state’s
  149  guardian ad litem and attorney ad litem needs. This plan may
  150  include recommendations for less than the entire state, may
  151  include a phase-in system, and shall include estimates of the
  152  cost of each of the alternatives. Each year the office shall
  153  provide a status report and provide further recommendations to
  154  address the need for guardian ad litem services and related
  155  issues.
  156         Section 6. Subsections (2) and (4) of section 402.402,
  157  Florida Statutes, are amended to read:
  158         402.402 Child protection and child welfare personnel;
  159  attorneys employed by the department.—
  160         (2) SPECIALIZED TRAINING.—All child protective
  161  investigators and child protective investigation supervisors
  162  employed by the department or a sheriff’s office must complete
  163  the following specialized training:
  164         (a)Training that includes the requirements under s.
  165  39.0143.
  166         (b)Training that is either focused on serving a specific
  167  population, including, but not limited to, medically fragile
  168  children, sexually exploited children, children under 3 years of
  169  age, or families with a history of domestic violence, mental
  170  illness, or substance abuse, or focused on performing certain
  171  aspects of child protection practice, including, but not limited
  172  to, investigation techniques and analysis of family dynamics.
  173  The specialized training may be used to fulfill continuing
  174  education requirements under s. 402.40(3)(e). Individuals hired
  175  before July 1, 2014, shall complete the specialized training by
  176  June 30, 2016, and individuals hired on or after July 1, 2014,
  177  shall complete the specialized training required under this
  178  paragraph within 2 years after hire. The specialized training
  179  may be used to fulfill continuing education requirements under
  180  s. 402.40(3)(e). An individual may receive specialized training
  181  in multiple areas.
  182         (4) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD
  183  WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
  184  primary responsibility is representing the department in child
  185  welfare cases shall, within the first 6 months of employment,
  186  receive training in all of the following:
  187         (a) The dependency court process, including the attorney’s
  188  role in preparing and reviewing documents prepared for
  189  dependency court for accuracy and completeness.;
  190         (b) Preparing and presenting child welfare cases, including
  191  at least 1 week shadowing an experienced children’s legal
  192  services attorney preparing and presenting cases.;
  193         (c) Safety assessment, safety decisionmaking tools, and
  194  safety plans.;
  195         (d) Developing information presented by investigators and
  196  case managers to support decisionmaking in the best interest of
  197  children.; and
  198         (e) The experiences and techniques of case managers and
  199  investigators, including shadowing an experienced child
  200  protective investigator and an experienced case manager for at
  201  least 8 hours.
  202         (f)The recognition and treatment of head trauma and brain
  203  injury in a child from birth to 5 years of age.
  204         Section 7. Subsection (24) of section 409.906, Florida
  205  Statutes, is amended to read:
  206         409.906 Optional Medicaid services.—Subject to specific
  207  appropriations, the agency may make payments for services which
  208  are optional to the state under Title XIX of the Social Security
  209  Act and are furnished by Medicaid providers to recipients who
  210  are determined to be eligible on the dates on which the services
  211  were provided. Any optional service that is provided shall be
  212  provided only when medically necessary and in accordance with
  213  state and federal law. Optional services rendered by providers
  214  in mobile units to Medicaid recipients may be restricted or
  215  prohibited by the agency. Nothing in this section shall be
  216  construed to prevent or limit the agency from adjusting fees,
  217  reimbursement rates, lengths of stay, number of visits, or
  218  number of services, or making any other adjustments necessary to
  219  comply with the availability of moneys and any limitations or
  220  directions provided for in the General Appropriations Act or
  221  chapter 216. If necessary to safeguard the state’s systems of
  222  providing services to elderly and disabled persons and subject
  223  to the notice and review provisions of s. 216.177, the Governor
  224  may direct the Agency for Health Care Administration to amend
  225  the Medicaid state plan to delete the optional Medicaid service
  226  known as “Intermediate Care Facilities for the Developmentally
  227  Disabled.” Optional services may include:
  228         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
  229  Health Care Administration, in consultation with the Department
  230  of Children and Families, may establish a targeted case
  231  management project in those counties identified by the
  232  Department of Children and Families and for all counties with a
  233  community-based child welfare project, as authorized under s.
  234  409.987 which have been specifically approved by the department.
  235  Beginning October 1, 2019, the Agency for Health Care
  236  Administration, in consultation with the Department of Children
  237  and Families, shall establish a targeted case-management pilot
  238  project in the Sixth and Thirteenth Judicial Circuits. The
  239  covered group of individuals who are eligible to receive
  240  targeted case management include children who are eligible for
  241  Medicaid; who are between the ages of birth through 21; and who
  242  are under protective supervision or postplacement supervision,
  243  under foster-care supervision, or in shelter care or foster
  244  care. The number of individuals who are eligible to receive
  245  targeted case management is limited to the number for whom the
  246  Department of Children and Families has matching funds to cover
  247  the costs. The general revenue funds required to match the funds
  248  for services provided by the community-based child welfare
  249  projects are limited to funds available for services described
  250  under s. 409.990. The Department of Children and Families may
  251  transfer the general revenue matching funds as billed by the
  252  Agency for Health Care Administration.
  253         Section 8. Paragraph (f) of subsection (1) and subsection
  254  (3) of section 409.988, Florida Statutes, are amended to read:
  255         409.988 Lead agency duties; general provisions.—
  256         (1) DUTIES.—A lead agency:
  257         (f) Shall ensure that all individuals providing care for
  258  dependent children receive appropriate training and meet the
  259  minimum employment standards established by the department.
  260  Appropriate training must include, but is not limited to, the
  261  training requirements under s. 39.0143 on the recognition and
  262  treatment of head trauma and brain injury in a child from birth
  263  to 5 years of age.
  264         (3) SERVICES.—A lead agency must provide dependent children
  265  with services that are supported by research or that are
  266  recognized as best practices in the child welfare field. The
  267  agency shall give priority to the use of services that are
  268  evidence-based and trauma-informed and may also provide other
  269  innovative services, including, but not limited to, family
  270  centered and cognitive-behavioral interventions designed to
  271  mitigate out-of-home placements and intensive family
  272  reunification services that combine child welfare and mental
  273  health services for families with dependent children up to 5
  274  years of age.
  275         Section 9. Section 943.17297, Florida Statutes, is created
  276  to read:
  277         943.17297Basic skills training in the recognition and
  278  treatment of head trauma and brain injury.—The commission shall
  279  establish standards, including, but not limited to, the training
  280  requirements under s. 39.0143, for the instruction of law
  281  enforcement officers in the subject of recognition and treatment
  282  of head trauma and brain injury in a child from birth to 5 years
  283  of age to aid an officer in the detection of head trauma and
  284  brain injury due to child abuse. Each law enforcement officer
  285  must successfully complete the training as part of the basic
  286  recruit training required for a law enforcement officer to
  287  obtain initial certification or as a part of continuing training
  288  or education required under s. 943.135(1).
  289         Section 10. This act shall take effect July 1, 2019.