Senate Bill 0730c1
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    Florida Senate - 2000                            CS for SB 730
    By the Committee on Children and Families; and Senator Cowin
    300-1690D-00
  1                      A bill to be entitled
  2         An act relating to child welfare; amending s.
  3         20.19, F.S.; modifying the certification
  4         program for family safety and preservation
  5         employees and agents; amending s. 39.201, F.S.;
  6         providing for the release of abuse hotlines
  7         recordings to specified persons and entities;
  8         providing circumstances in which an officer or
  9         employee of the judicial branch is not required
10         to report child abuse, abandonment, or neglect;
11         revising procedures; amending s. 39.202, F.S.;
12         specifying persons to whom the names of persons
13         reporting child abuse, abandonment, or neglect
14         may be released; amending s. 39.205, F.S.;
15         exempting judges from prosecution for failure
16         to report; amending s. 39.301, F.S.; clarifying
17         provisions relating to initiation of protective
18         investigations and criminal investigations;
19         clarifying that the age of parents shall be
20         factored into risk assessments; providing
21         circumstances under which an injunction must be
22         sought; providing procedures; changing certain
23         time requirements; amending s. 39.303, F.S.;
24         revising provisions governing the composition,
25         qualifications, training, and duties of child
26         protection teams; prescribing circumstances
27         under which face-to-face medical evaluations
28         are necessary and procedures for determining
29         whether they are necessary; providing for
30         collaboration by agency quality assurance
31         programs; amending s. 39.304, F.S.; revising
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  1         provisions governing the use of photographs
  2         taken by child protection teams; amending s.
  3         39.3065, F.S.; directing that the sheriff of
  4         Seminole County be awarded a grant; amending s.
  5         39.401, F.S.; requiring documentation to the
  6         court when a child is not placed with a
  7         relative or other specified adult; amending s.
  8         39.402, F.S.; providing for initial assessment
  9         after a shelter hearing; amending s. 39.507,
10         F.S.; revising provisions governing the
11         authority of courts to provide for the child as
12         adjudicated; amending s. 383.011, F.S.;
13         providing for a campaign to help certain
14         pregnant teenagers; amending s. 383.402, F.S.;
15         deleting reference to the Kayla McKean Child
16         Protection Act; amending s. 383.402, F.S.;
17         revising duties of local child abuse death
18         review committees and of district child abuse
19         death review coordinators; amending s.
20         409.1671, F.S.; prescribing times when
21         summaries of investigations must be provided to
22         the community-based agency; amending s.
23         409.175, F.S.; requiring a plan for
24         streamlining foster parent training; requiring
25         that certain information be provided to
26         licensed foster homes; creating s. 409.1753,
27         F.S.; specifying duties of the Department of
28         Children and Family Services or its agents
29         regarding foster care; providing for dependency
30         court pilot programs; requiring a report;
31         prohibiting position-lapse adjustments for
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  1         certain positions; establishing a work group
  2         within the Department of Children and Family
  3         Services; providing duties; requiring reports;
  4         providing an appropriation; repealing s. 1, ch.
  5         99-168, Laws of Florida, which provides the
  6         short title for the Kayla McKean Child
  7         Protection Act; providing an effective date.
  8
  9  Be It Enacted by the Legislature of the State of Florida:
10
11         Section 1.  Subsection (4) of section 20.19, Florida
12  Statutes, is amended to read:
13         20.19  Department of Children and Family
14  Services.--There is created a Department of Children and
15  Family Services.
16         (4)  CERTIFICATION PROGRAMS FOR DEPARTMENT
17  EMPLOYEES.--The department is authorized to create
18  certification programs for family safety and preservation
19  employees and agents to ensure that only qualified employees
20  and agents provide child protection services. The department
21  shall develop specific certification criteria related to
22  investigations involving children who have developmental
23  disabilities, emotional disturbances, or chronic medical
24  conditions or who are residing in residential treatment
25  facilities. The department is authorized to develop rules that
26  include qualifications for certification, including training
27  and testing requirements, continuing education requirements
28  for ongoing certification, and decertification procedures to
29  be used to determine when an individual no longer meets the
30  qualifications for certification and to implement the
31  decertification of an employee or agent.
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  1         Section 2.  Subsections (2), (7), (8), and (9) of
  2  section 39.201, Florida Statutes, are amended to read:
  3         39.201  Mandatory reports of child abuse, abandonment,
  4  or neglect; mandatory reports of death; central abuse
  5  hotline.--
  6         (2)(a)  Each report of known or suspected child abuse,
  7  abandonment, or neglect pursuant to this section, except those
  8  solely under s. 827.04(3), shall be made immediately to the
  9  department's central abuse hotline on the single statewide
10  toll-free telephone number, and, if the report is of an
11  instance of known or suspected child abuse by a noncaretaker,
12  the call shall be immediately electronically transferred to
13  the appropriate county sheriff's office by the central abuse
14  hotline.  If the report is of an instance of known or
15  suspected child abuse involving impregnation of a child under
16  16 years of age by a person 21 years of age or older solely
17  under s. 827.04(3), the report shall be made immediately to
18  the appropriate county sheriff's office or other appropriate
19  law enforcement agency. If the report is of an instance of
20  known or suspected child abuse solely under s. 827.04(3), the
21  reporting provisions of this subsection do not apply to health
22  care professionals or other persons who provide medical or
23  counseling services to pregnant children when such reporting
24  would interfere with the provision of medical services.
25         (b)  The department must consider valid and accept for
26  investigation any report received by the central abuse hotline
27  from a judge, teacher or other professional school official,
28  or physician, as specified in paragraph (1)(a), paragraph
29  (1)(d), or paragraph (1)(g), who is acting in his or her
30  professional capacity, alleging harm as defined in s. 39.01.
31
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  1         (c)  Reporters in occupation categories designated in
  2  subsection (1) are required to provide their names to the
  3  hotline staff.  The names of reporters shall be entered into
  4  the record of the report, but shall be held confidential as
  5  provided in s. 39.202.
  6         (d)  Reports involving known or suspected institutional
  7  child abuse or neglect shall be made and received in the same
  8  manner as all other reports made pursuant to this section.
  9         (e)  Reports involving a known or suspected juvenile
10  sexual offender shall be made and received by the department.
11         1.  The department shall determine the age of the
12  alleged juvenile sexual offender if known.
13         2.  When the alleged juvenile sexual offender is 12
14  years of age or younger, the department shall proceed with an
15  investigation of the report pursuant to this part, immediately
16  electronically transfer the call to the appropriate law
17  enforcement agency office by the central abuse hotline, and
18  send a written report of the allegation to the appropriate
19  county sheriff's office within 48 hours after the initial
20  report is made to the central abuse hotline.
21         3.  When the alleged juvenile sexual offender is 13
22  years of age or older, the department shall immediately
23  electronically transfer the call to the appropriate county
24  sheriff's office by the central abuse hotline, and send a
25  written report to the appropriate county sheriff's office
26  within 48 hours after the initial report to the central abuse
27  hotline.
28         (f)  Hotline counselors shall receive periodic training
29  in encouraging reporters to provide their names when reporting
30  abuse, abandonment, or neglect.  Callers shall be advised of
31  the confidentiality provisions of s. 39.202. The department
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  1  shall secure and install electronic equipment that
  2  automatically provides to the hotline the number from which
  3  the call is placed.  This number shall be entered into the
  4  report of abuse, abandonment, or neglect and become a part of
  5  the record of the report, but shall enjoy the same
  6  confidentiality as provided to the identity of the caller
  7  pursuant to s. 39.202.
  8         (g)  The department shall voice-record all incoming or
  9  outgoing calls that are received or placed by the central
10  abuse hotline which relate to suspected or known child abuse,
11  neglect, or abandonment. The recording shall become a part of
12  the record of the report, but, notwithstanding s. 39.202,
13  shall be released in full to law enforcement agencies and
14  state attorneys for the purpose of investigating and
15  prosecuting criminal charges pursuant to s. 39.205 or to
16  employees of the department for the purpose of investigating
17  and seeking administrative penalties pursuant to s. 39.206 is
18  subject to the same confidentiality as is provided to the
19  identity of the caller under s. 39.202.
20         (7)  This section does not require a professional who
21  is hired by or enters into a contract with the department for
22  the purpose of treating or counseling any person, as a result
23  of a report of child abuse, abandonment, or neglect, to again
24  report to the central abuse hotline the abuse, abandonment, or
25  neglect that was the subject of the referral for treatment.
26  This section does not require an officer or employee of the
27  judicial branch to again provide notice of reasonable cause to
28  suspect child abuse, abandonment, or neglect when that child
29  is currently being investigated by the department, when there
30  is an existing dependency case, or when the matter has
31  previously been reported to the department, provided that
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  1  there is reasonable cause to believe that the information is
  2  already known to the department. This subsection applies only
  3  when the information has been provided to the officer or
  4  employee in the course of his or her official duties.
  5         (8)  Nothing in this chapter or in the contracting with
  6  community-based care providers for privatization of foster
  7  care and related services as specified in s. 409.1671 shall be
  8  construed to remove or reduce the duty and responsibility of
  9  any person, including any employee of the community-based care
10  privatization provider, to report a suspected or actual case
11  of child abuse, abandonment, or neglect or the sexual abuse of
12  a child to the department's central abuse hotline.
13         (9)  On an ongoing basis, the department's quality
14  assurance program shall review calls reports to the hotline
15  involving three or more unaccepted reports on a single child
16  in order to detect such things as harassment and situations
17  that warrant an investigation because of the frequency or
18  variety of the source of the reports. The assistant secretary
19  may refer a case for investigation when it is determined, as a
20  result of this review, that an investigation may be warranted.
21  The hotline shall document all calls for purposes of
22  administering this subsection when such calls relate
23  specifically to all definitions of harm under this chapter.
24         Section 3.  Subsection (4) of section 39.202, Florida
25  Statutes, is amended to read:
26         39.202  Confidentiality of reports and records in cases
27  of child abuse or neglect.--
28         (4)  The name of any person reporting child abuse,
29  abandonment, or neglect may not be released to any person
30  other than employees of the department responsible for child
31  protective services, the central abuse hotline, law
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  1  enforcement, the child protection team, or the appropriate
  2  state attorney, without the written consent of the person
  3  reporting. This does not prohibit the subpoenaing of a person
  4  reporting child abuse, abandonment, or neglect when deemed
  5  necessary by the court, the state attorney, or the department,
  6  provided the fact that such person made the report is not
  7  disclosed.  Any person who reports a case of child abuse or
  8  neglect may, at the time he or she makes the report, request
  9  that the department notify him or her that a child protective
10  investigation occurred as a result of the report.  Any person
11  specifically listed in s. 39.201(1) who makes a report in his
12  or her official capacity may also request a written summary of
13  the outcome of the investigation. The department shall mail
14  such a notice to the reporter within 10 days after completing
15  the child protective investigation.
16         Section 4.  Subsection (1) of section 39.205, Florida
17  Statutes, is amended to read:
18         39.205  Penalties relating to reporting of child abuse,
19  abandonment, or neglect.--
20         (1)  A person who is required to report known or
21  suspected child abuse, abandonment, or neglect and who
22  knowingly and willfully fails to do so, or who knowingly and
23  willfully prevents another person from doing so, is guilty of
24  a misdemeanor of the first degree, punishable as provided in
25  s. 775.082 or s. 775.083. A judge, subject to discipline
26  pursuant to s. 12 of Art. V of the State Constitution, shall
27  not be subject to criminal prosecution when the information
28  was received in the course of official duties.
29         Section 5.  Subsection (2), paragraph (b) of subsection
30  (8), and subsections (12), (14), (17), and (18) of section
31  39.301, Florida Statutes, are amended to read:
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  1         39.301  Initiation of protective investigations.--
  2         (2)(a)  The department Upon notification by the
  3  department's central abuse hotline under subsection (1), the
  4  designated child protective investigator shall immediately
  5  forward allegations of criminal conduct to the municipality or
  6  county notify the appropriate law enforcement agency of the
  7  county in which the alleged conduct has known or suspected
  8  child abuse, abandonment, or neglect is believed to have
  9  occurred.
10         (b)  As used in this subsection, the term "criminal
11  conduct" means:
12         1.  A child is known or suspected to be the victim of
13  child abuse, as defined in s. 827.03, or of neglect of a
14  child, as defined in s. 827.03.
15         2.  A child is known or suspected to have died as a
16  result of abuse or neglect.
17         3.  A child is known or suspected to be the victim of
18  aggravated child abuse, as defined in s. 827.03.
19         4.  A child is known or suspected to be the victim of
20  sexual battery, as defined in s. 827.071, or of sexual abuse,
21  as defined in s. 39.01.
22         5.  A child is known or suspected to be the victim of
23  institutional child abuse or neglect, as defined in s. 39.01,
24  and as provided for in s. 39.302(1).
25
26  Upon receiving a written report of an allegation of criminal
27  conduct from the department receipt of a report, the law
28  enforcement agency shall must review the information in the
29  written report to and determine whether a criminal
30  investigation of the case is warranted. and, If the law
31  enforcement agency accepts the case for so, shall conduct the
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  1  criminal investigation that shall be coordinated, it shall
  2  coordinate its investigative activities with the department
  3  whenever feasible possible, with the child protective
  4  investigation of the department or its agent. If the law
  5  enforcement agency does not accept the case for criminal
  6  investigation, the agency shall notify the department in
  7  writing.
  8         (c)  The local law enforcement agreement required in s.
  9  39.306 must describe the specific local protocols for
10  implementing this section.
11         (8)  The person responsible for the investigation shall
12  make a preliminary determination as to whether the report is
13  complete, consulting with the attorney for the department when
14  necessary.  In any case in which the person responsible for
15  the investigation finds that the report is incomplete, he or
16  she shall return it without delay to the person or agency
17  originating the report or having knowledge of the facts, or to
18  the appropriate law enforcement agency having investigative
19  jurisdiction, and request additional information in order to
20  complete the report; however, the confidentiality of any
21  report filed in accordance with this chapter shall not be
22  violated.
23         (b)  If it is determined that the child is in need of
24  the protection and supervision of the court, the department
25  shall file a petition for dependency. A petition for
26  dependency shall be filed in all cases classified by the
27  department as high-risk. Factors that the department may
28  consider in determining whether a case is high-risk include,
29  but are not limited to, the young age of the cases, including,
30  but not limited to, cases involving parents or legal
31
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  1  custodians of a young age, the use of illegal drugs, or
  2  domestic violence.
  3         (12)(a)  If the child protective investigator
  4  determines that the child can be maintained safely in the
  5  child's own home only after injunctive relief has been granted
  6  pursuant to s. 39.504, the investigator must file a request
  7  for injunction and shall determine whether a parent or legal
  8  custodian is available, willing, and capable of removing the
  9  child from the home temporarily while the injunctive relief is
10  sought.
11         (a)  If a parent or legal custodian is available,
12  willing, and capable of removing the child from the home
13  temporarily while injunctive relief is sought and the parent
14  or legal custodian provides the child protective investigator
15  with a safety plan, the child shall be left in the custody of
16  the parent or legal custodian as long as the safety plan is
17  followed. In cases in which domestic violence is occurring in
18  the household, the protective investigator shall request
19  assistance from the local certified domestic violence center
20  in developing the safety plan.
21         (b)  If a parent or legal custodian is not available,
22  willing, and capable of removing the child from the home
23  temporarily while injunctive relief is sought, if the parent
24  or legal custodian is unable or unwilling to provide the child
25  protective investigator with a safety plan, if the child
26  protective investigator is unwilling to approve the safety
27  plan provided by the parent or legal custodian, or if the
28  parent or legal custodian fails to follow the approved safety
29  plan, the child shall be taken into protective custody while
30  injunctive relief is sought pursuant to s. 39.504.
31
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  1         (c)  If the department or its agent determines that a
  2  child requires immediate or long-term protection through:
  3         1.  Medical or other health care; or
  4         2.  Homemaker care, day care, protective supervision,
  5  or other services to stabilize the home environment, including
  6  intensive family preservation services through the Family
  7  Builders Program or the Intensive Crisis Counseling Program,
  8  or both,
  9
10  such services shall first be offered for voluntary acceptance
11  unless there are high-risk factors that may impact the ability
12  of the parents or legal custodians to exercise judgment. Such
13  factors may include the parents' or legal custodians' young
14  age or history of substance abuse or domestic violence.
15         (d)(b)  The parents or legal custodians shall be
16  informed of the right to refuse services, as well as the
17  responsibility of the department to protect the child
18  regardless of the acceptance or refusal of services. If the
19  services are refused and the department deems that the child's
20  need for protection so requires, the department shall take the
21  child into protective custody or petition the court as
22  provided in this chapter.
23         (e)(c)  The department, in consultation with the
24  judiciary, shall adopt by rule criteria that are factors
25  requiring that the department take the child into custody,
26  petition the court as provided in this chapter, or, if the
27  child is not taken into custody or a petition is not filed
28  with the court, conduct an administrative review. If after an
29  administrative review the department determines not to take
30  the child into custody or petition the court, the department
31  shall document the reason for its decision in writing and
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  1  include it in the investigative file. For all cases that were
  2  accepted by the local law enforcement agency for criminal
  3  investigation pursuant to subsection (2), the department must
  4  include in the file written documentation that the
  5  administrative review included input from law enforcement. In
  6  addition, for all cases that must be referred to child
  7  protection teams pursuant to s. 39.303(2) and (3), the file
  8  must include written documentation that the administrative
  9  review included the results of the team's evaluation medical
10  evaluation. Factors that must be included in the development
11  of the rule include noncompliance with the case plan developed
12  by the department, or its agent, and the family under this
13  chapter and prior abuse reports with findings that involve the
14  child or caregiver.
15         (14)  No later than 60 30 days after receiving the
16  initial report, the local office of the department shall
17  complete its investigation.
18         (17)  When a law enforcement agency conducts a criminal
19  investigation into allegations of child abuse, neglect, or
20  abandonment, photographs documenting the abuse or neglect will
21  be taken when appropriate. is participating in an
22  investigation, the agency shall take photographs of the
23  child's living environment. Such photographs shall become part
24  of the investigative file.
25         (18)  Within 15 days after the case is completion of
26  the investigation of cases reported to him or her pursuant to
27  this chapter, the state attorney shall report his or her
28  findings to the department and shall include in such report a
29  determination of whether or not prosecution is justified and
30  appropriate in view of the circumstances of the specific case.
31
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  1         Section 6.  Section 39.303, Florida Statutes, is
  2  amended to read:
  3         39.303  Child protection teams; services; eligible
  4  cases.--The Department of Health shall develop, maintain, and
  5  coordinate the services of one or more multidisciplinary child
  6  protection teams in each of the service districts of the
  7  Department of Children and Family Services.  Such teams may be
  8  composed of appropriate representatives of school districts
  9  and appropriate health, mental health, social service, legal
10  service, and law enforcement agencies. The Legislature finds
11  that optimal coordination of child protection teams and sexual
12  abuse treatment programs requires collaboration between the
13  Department of Health and the Department of Children and Family
14  Services. The two departments shall maintain an interagency
15  agreement that establishes protocols for oversight and
16  operations of child protection teams and sexual abuse
17  treatment programs. The Secretary of Health and the Deputy
18  Secretary for director of Children's Medical Services, in
19  consultation with the Secretary of Children and Family
20  Services, shall maintain the responsibility for the screening,
21  employment, and, if necessary, the termination of child
22  protection team medical directors, at headquarters and in the
23  15 districts. Child protection team medical directors shall be
24  responsible for oversight of the teams in the districts.
25         (1)  The Department of Health shall utilize and convene
26  the teams to supplement the assessment and protective
27  supervision activities of the family safety and preservation
28  program of the Department of Children and Family Services.
29  Nothing in this section shall be construed to remove or reduce
30  the duty and responsibility of any person to report pursuant
31  to this chapter all suspected or actual cases of child abuse,
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  1  abandonment, or neglect or sexual abuse of a child.  The role
  2  of the teams shall be to support activities of the program and
  3  to provide services deemed by the teams to be necessary and
  4  appropriate to abused, abandoned, and neglected children upon
  5  referral.  The specialized diagnostic assessment, evaluation,
  6  coordination, consultation, and other supportive services that
  7  a child protection team shall be capable of providing include,
  8  but are not limited to, the following:
  9         (a)  Medical diagnosis and evaluation services,
10  including provision or interpretation of X rays and laboratory
11  tests, and related services, as needed, and documentation of
12  findings relative thereto.
13         (b)  Telephone consultation services in emergencies and
14  in other situations.
15         (c)  Medical evaluation related to abuse, abandonment,
16  or neglect, as defined by policy or rule of the Department of
17  Health.
18         (d)  Such psychological and psychiatric diagnosis and
19  evaluation services for the child or the child's parent or
20  parents, legal custodian or custodians, or other caregivers,
21  or any other individual involved in a child abuse,
22  abandonment, or neglect case, as the team may determine to be
23  needed.
24         (e)  Expert medical, psychological, and related
25  professional testimony in court cases.
26         (f)  Case staffings to develop treatment plans for
27  children whose cases have been referred to the team.  A child
28  protection team may provide consultation with respect to a
29  child who is alleged or is shown to be abused, abandoned, or
30  neglected, which consultation shall be provided at the request
31  of a representative of the family safety and preservation
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  1  program or at the request of any other professional involved
  2  with a child or the child's parent or parents, legal custodian
  3  or custodians, or other caregivers.  In every such child
  4  protection team case staffing, consultation, or staff activity
  5  involving a child, a family safety and preservation program
  6  representative shall attend and participate.
  7         (g)  Case service coordination and assistance,
  8  including the location of services available from other public
  9  and private agencies in the community.
10         (h)  Such training services for program and other
11  employees of the Department of Children and Family Services,
12  employees of the Department of Health, and other medical
13  professionals as is deemed appropriate to enable them to
14  develop and maintain their professional skills and abilities
15  in handling child abuse, abandonment, and neglect cases.
16         (i)  Educational and community awareness campaigns on
17  child abuse, abandonment, and neglect in an effort to enable
18  citizens more successfully to prevent, identify, and treat
19  child abuse, abandonment, and neglect in the community.
20         (j)  Child protection team assessments that include, as
21  appropriate, a medical evaluation, medical consultation,
22  family psychosocial interview, specialized clinical interview,
23  or forensic interview.
24
25  All medical personnel participating on a child protection team
26  must successfully complete the required child protection team
27  training curriculum as set forth in protocols determined by
28  the Deputy Secretary for Children's Medical Services and the
29  Statewide Medical Director for Child Protection Teams.
30         (2)  The child abuse, abandonment, and neglect reports
31  that must be referred by the Department of Children and Family
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  1  Services to child protection teams of the Department of Health
  2  for an assessment medical evaluation and other appropriate
  3  available support services as set forth in subsection (1) must
  4  include cases involving:
  5         (a)  Injuries to the head, bruises to the neck or head,
  6  burns, or fractures in a child of any age.
  7         (b)  Bruises anywhere on a child 5 years of age or
  8  under.
  9         (c)(b)  Sexual abuse of a child in which vaginal or
10  anal penetration is alleged or in which other unlawful sexual
11  conduct has been determined to have occurred.
12         (d)(c)  Venereal disease, or Any other sexually
13  transmitted disease, in a prepubescent child.
14         (e)(d)  Reported malnutrition of a child and failure of
15  a child to thrive.
16         (f)(e)  Reported medical or, physical, or emotional
17  neglect of a child.
18         (g)(f)  Any family in which one or more children have
19  been pronounced dead on arrival at a hospital or other health
20  care facility, or have been injured and later died, as a
21  result of suspected abuse, abandonment, or neglect, when any
22  sibling or other child remains in the home.
23         (h)(g)  Symptoms of serious emotional problems in a
24  child when emotional or other abuse, abandonment, or neglect
25  is suspected.
26         (h)  Injuries to a child's head.
27         (3)  All abuse and neglect cases transmitted for
28  investigation to a district by the hotline must be
29  simultaneously transmitted to the Department of Health child
30  protection team for review. For the purpose of determining
31  whether face-to-face medical evaluation of a child by a child
                                  17
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  1  protection team is necessary, all cases transmitted to the
  2  child protection team which meet the criteria in subsection
  3  (2) must be timely reviewed by:
  4         (a)  A physician licensed under chapter 458 or chapter
  5  459 who holds board certification in pediatrics and is a
  6  member of a child protection team;
  7         (b)  A physician who is licensed under chapter 458 or
  8  chapter 459 who holds board certification in a specialty other
  9  than pediatrics who may complete the review only when working
10  under the direction of a physician licensed under chapter 458
11  or chapter 459 who holds board certification in pediatrics and
12  is a member of a child protection team;
13         (c)  An advanced registered nurse practitioner licensed
14  under chapter 464 who has a specialty in pediatrics and is a
15  member of the child protection team;
16         (d)  A physician assistant licensed under chapter 458
17  or chapter 459, who may complete the review only when working
18  under the supervision of a physician licensed under chapter
19  458 or chapter 459 who holds board certification in pediatrics
20  and is a member of a child protection team; or
21         (e)  A registered nurse licensed under chapter 464, who
22  may complete the review only when working under the direct
23  supervision of a physician licensed under chapter 458 or
24  chapter 459 who holds board certification in pediatrics and is
25  a member of a child protection team. a board-certified
26  pediatrician or registered nurse practitioner under the
27  supervision of such pediatrician for the purpose of
28  determining whether a face-to-face medical evaluation by a
29  child protection team is necessary.
30
31
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  1         (4)  A Such face-to-face medical evaluation by a child
  2  protection team is not necessary when: only if it is
  3  determined that
  4         (a)  The child was examined by a
  5  non-child-protection-team physician for the alleged abuse or
  6  neglect, and a consultation between the examining physician
  7  and the child protection team board-certified pediatrician,
  8  advanced registered or nurse practitioner, physician assistant
  9  working under the supervision of a child protection team
10  board-certified pediatrician, or a registered nurse working
11  under the direct supervision of a child protection team
12  board-certified pediatrician and the examining physician
13  concludes that a further medical evaluation is unnecessary;
14  or.
15         (b)1.  The child protective investigator, with
16  supervisory approval has concluded after conducting a child
17  safety assessment, that there are no findings of any of the
18  injuries described in paragraphs (2)(a)-(h) and that there is
19  no history in the child's household of substance abuse,
20  domestic violence, prior reports containing indications or
21  verified findings, prior reports that included a child
22  protection team referral that the family did not keep, or
23  previous law enforcement involvement; and
24         2.  The child protection team board-certified
25  pediatrician determines, after reviewing the child safety
26  assessment form, that a medical evaluation is not required.
27
28  For any child for whom one of the injuries described in
29  paragraphs (2)(a)-(h) has been alleged, the child safety
30  assessment and supervisory approval must be completed within
31  72 hours after receipt of the report and a copy must then be
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  1  provided to the child protection team within 24 hours.
  2  Notwithstanding paragraphs (a) and (b), a child protection
  3  team pediatrician or advanced registered nurse practitioner as
  4  authorized in subsection (3) may determine that a face-to-face
  5  medical evaluation is necessary.
  6         (5)(4)  In all instances in which a child protection
  7  team is providing certain services to abused, abandoned, or
  8  neglected children, other offices and units of the Department
  9  of Health, and offices and units of the Department of Children
10  and Family Services, shall avoid duplicating the provision of
11  those services.
12         (6)  The child protection team quality assurance
13  program of the Department of Health and the quality assurance
14  program of the Family Safety Program Office of the Department
15  of Children and Family Services shall collaborate to ensure
16  that referrals and responses to child abuse and neglect
17  reports are appropriate. Each quality assurance program shall
18  include a review of records in which there are no findings of
19  abuse or neglect, and the findings of these reviews shall be
20  included in each department's quality assurance reports.
21         Section 7.  Subsection (1) of section 39.304, Florida
22  Statutes, is amended to read:
23         39.304  Photographs, medical examinations, X rays, and
24  medical treatment of abused, abandoned, or neglected child.--
25         (1)(a)  Any person required to investigate cases of
26  suspected child abuse, abandonment, or neglect may take or
27  cause to be taken photographs of the areas of trauma visible
28  on a child who is the subject of a report. Any child
29  protection team that examines a child who is the subject of a
30  report must take, or cause to be taken, photographs of any
31  areas of trauma visible on the child. Such Photographs of
                                  20
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  1  physical abuse injuries, or duplicates thereof, shall be
  2  provided to the department for inclusion in the investigative
  3  file and shall become part of that file. Photographs of sexual
  4  abuse trauma which are taken must be made part of the child
  5  protection team medical record only.
  6         (b)  If the areas of trauma visible on a child indicate
  7  a need for a medical examination, or if the child verbally
  8  complains or otherwise exhibits distress as a result of injury
  9  through suspected child abuse, abandonment, or neglect, or is
10  alleged to have been sexually abused, the person required to
11  investigate may cause the child to be referred for diagnosis
12  to a licensed physician or an emergency department in a
13  hospital without the consent of the child's parents or legal
14  custodian. Such examination may be performed by any licensed
15  physician or an advanced registered nurse practitioner
16  licensed pursuant to chapter 464. Any licensed physician, or
17  advanced registered nurse practitioner licensed pursuant to
18  chapter 464, who has reasonable cause to suspect that an
19  injury was the result of child abuse, abandonment, or neglect
20  may authorize a radiological examination to be performed on
21  the child without the consent of the child's parent or legal
22  custodian.
23         Section 8.  Section 39.3065, Florida Statutes, is
24  amended to read:
25         39.3065  Sheriffs of Pasco, Manatee, and Pinellas
26  Counties to provide child protective investigative services;
27  procedures; funding.--
28         (1)  As described in this section, the Department of
29  Children and Family Services shall, by the end of fiscal year
30  1999-2000, transfer all responsibility for child protective
31  investigations for Pinellas County, Manatee County, and Pasco
                                  21
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  1  County to the sheriff of that county in which the child abuse,
  2  neglect, or abandonment is alleged to have occurred. Each
  3  sheriff is responsible for the provision of all child
  4  protective investigations in his or her county. Each
  5  individual who provides these services must complete the
  6  training provided to and required of protective investigators
  7  employed by the Department of Children and Family Services.
  8         (2)  During fiscal year 1998-1999, the Department of
  9  Children and Family Services and each sheriff's office shall
10  enter into a contract for the provision of these services.
11  Funding for the services will be appropriated to the
12  Department of Children and Family Services, and the department
13  shall transfer to the respective sheriffs for the duration of
14  fiscal year 1998-1999, funding for the investigative
15  responsibilities assumed by the sheriffs, including federal
16  funds that the provider is eligible for and agrees to earn and
17  that portion of general revenue funds which is currently
18  associated with the services that are being furnished under
19  contract, and including, but not limited to, funding for all
20  investigative, supervisory, and clerical positions; training;
21  all associated equipment; furnishings; and other fixed capital
22  items. The contract must specify whether the department will
23  continue to perform part or none of the child protective
24  investigations during the initial year. The sheriffs may
25  either conduct the investigations themselves or may, in turn,
26  subcontract with law enforcement officials or with properly
27  trained employees of private agencies to conduct
28  investigations related to neglect cases only. If such a
29  subcontract is awarded, the sheriff must take full
30  responsibility for any safety decision made by the
31  subcontractor and must immediately respond with law
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  1  enforcement staff to any situation that requires removal of a
  2  child due to a condition that poses an immediate threat to the
  3  child's life. The contract must specify whether the services
  4  are to be performed by departmental employees or by persons
  5  determined by the sheriff. During this initial year, the
  6  department is responsible for quality assurance, and the
  7  department retains the responsibility for the performance of
  8  all child protective investigations. The department must
  9  identify any barriers to transferring the entire
10  responsibility for child protective services to the sheriffs'
11  offices and must pursue avenues for removing any such barriers
12  by means including, but not limited to, applying for federal
13  waivers. By January 15, 1999, the department shall submit to
14  the President of the Senate, the Speaker of the House of
15  Representatives, and the chairs of the Senate and House
16  committees that oversee departmental activities a report that
17  describes any remaining barriers, including any that pertain
18  to funding and related administrative issues. Unless the
19  Legislature, on the basis of that report or other pertinent
20  information, acts to block a transfer of the entire
21  responsibility for child protective investigations to the
22  sheriffs' offices, the sheriffs of Pasco County, Manatee
23  County, and Pinellas County, beginning in fiscal year
24  1999-2000, shall assume the entire responsibility for such
25  services, as provided in subsection (3).
26         (3)(a)  Beginning in fiscal year 1999-2000, the
27  sheriffs of Pasco County, Manatee County, and Pinellas County
28  have the responsibility to provide all child protective
29  investigations in their respective counties. Beginning in
30  fiscal year 2000-2001, the Department of Children and Family
31  Services shall enter into a grant agreement with the sheriff
                                  23
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  1  of Seminole County to perform child protective investigations
  2  in Seminole County.
  3         (b)  The sheriffs of Pasco County, Manatee County, and
  4  Pinellas County shall operate, at a minimum, in accordance
  5  with the performance standards established by the Legislature
  6  for protective investigations conducted by the Department of
  7  Children and Family Services.
  8         (c)  Funds for providing child protective
  9  investigations in Pasco County, Manatee County, and Pinellas
10  County must be identified in the annual appropriation made to
11  the Department of Children and Family Services, which shall
12  award grants for the full amount identified to the respective
13  sheriffs' offices.  Funds for the child protective
14  investigations may not be integrated into the sheriffs'
15  regular budgets. Budgetary data and other data relating to the
16  performance of child protective investigations must be
17  maintained separately from all other records of the sheriffs'
18  offices.
19         (d)  Program performance evaluation shall be based on
20  criteria mutually agreed upon by the respective sheriffs and a
21  committee of seven persons appointed by the Governor and
22  selected from those persons serving on the Department of
23  Children and Family Services District 5 Health and Human
24  Services Board and District 6 Health and Human Services Board.
25  Two of the Governor's appointees must be residents of Pasco
26  County, two of the Governor's appointees must be residents of
27  Manatee County, and two of the Governor's appointees must be
28  residents of Pinellas County.  Such appointees shall serve at
29  the pleasure of the Governor.  The individuals appointed must
30  have demonstrated experience in outcome evaluation, social
31  service areas of protective investigation, or child welfare
                                  24
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  1  supervision.  The committee shall submit an annual report
  2  regarding quality performance, outcome-measure attainment, and
  3  cost efficiency to the President of the Senate, the Speaker of
  4  the House of Representatives, and to the Governor no later
  5  than January 31 of each year the sheriffs are receiving
  6  general appropriations to provide child protective
  7  investigations.
  8         (4)  For the 1999-2000 fiscal year only, the Sheriff of
  9  Broward County shall perform the same child protective
10  investigative services according to the same standards as are
11  performed by the sheriffs of Pinellas County, Manatee County,
12  and Pasco County under this section. This subsection expires
13  July 1, 2000.
14         Section 9.  Subsection (3) of section 39.401, Florida
15  Statutes, is amended to read:
16         39.401  Taking a child alleged to be dependent into
17  custody; law enforcement officers and authorized agents of the
18  department.--
19         (3)  If the child is taken into custody by, or is
20  delivered to, an authorized agent of the department, the
21  authorized agent shall review the facts supporting the removal
22  with an attorney representing the department. The purpose of
23  this review shall be to determine whether probable cause
24  exists for the filing of a shelter petition.  If the facts are
25  not sufficient to support the filing of a shelter petition,
26  the child shall immediately be returned to the custody of the
27  parent or legal custodian. If the facts are sufficient to
28  support the filing of the shelter petition and the child has
29  not been returned to the custody of the parent or legal
30  custodian, the department shall file the petition and schedule
31  a hearing, and the attorney representing the department shall
                                  25
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  1  request that a shelter hearing be held as quickly as possible,
  2  not to exceed 24 hours after the removal of the child. While
  3  awaiting the shelter hearing, the authorized agent of the
  4  department may place the child in licensed shelter care or may
  5  release the child to a parent or legal custodian or
  6  responsible adult relative who shall be given priority
  7  consideration over a licensed placement, or a responsible
  8  adult approved by the department when this is in the best
  9  interests of the child. If the child is not placed with a
10  parent or legal custodian or responsible adult relative, the
11  reasons must be specified in writing and provided to the
12  court. Any placement of a child which is not in a licensed
13  shelter must be preceded by a local and state criminal records
14  check, as well as a search of the department's automated abuse
15  information system, on all members of the household, to assess
16  the child's safety within the home.  In addition, the
17  department may authorize placement of a housekeeper/homemaker
18  in the home of a child alleged to be dependent until the
19  parent or legal custodian assumes care of the child.
20         Section 10.  Subsection (16) is added to section
21  39.402, Florida Statutes, to read:
22         39.402  Placement in a shelter.--
23         (16)  If a child is placed in a shelter pursuant to a
24  court order following a shelter hearing, the department shall
25  provide or cause to be provided an assessment of the child's
26  strengths and needs, and shall use the results of the
27  assessment to develop an initial case plan for the child, to
28  determine the child's ongoing placement, and to arrange for
29  services for the child and for support for the child's
30  caregiver. The initial case plan must be discussed with and
31  provided to the child's foster parent or other caregiver. In
                                  26
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  1  each district, the department shall assess the feasibility of
  2  deploying its child protective investigators in a manner that
  3  focuses a portion of that workforce on the initial response to
  4  a report, including the initial determination of risk through
  5  the shelter hearing, if one is held, and that focuses another
  6  portion of that workforce on the ongoing work of the
  7  investigation which occurs after the shelter hearing.
  8         Section 11.  Subsection (6) of section 39.507, Florida
  9  Statutes, is amended to read:
10         39.507  Adjudicatory hearings; orders of
11  adjudication.--
12         (6)  If the court finds that the child named in a
13  petition is dependent, but chooses not to withhold
14  adjudication or is prohibited from withholding adjudication,
15  it shall incorporate that finding in an order of adjudication
16  entered in the case, briefly stating the facts upon which the
17  finding is made, and the court shall thereafter have full
18  authority under this chapter to provide for the child as
19  adjudicated until the child reaches 18 years of age, unless
20  the court, in its discretion, relinquishes jurisdiction upon
21  its own order whether or not the child is under the
22  supervision of the Department of Children and Family Services.
23         Section 12.  Paragraph (e) of subsection (1) of section
24  383.011, Florida Statutes, is amended to read:
25         383.011  Administration of maternal and child health
26  programs.--
27         (1)  The Department of Health is designated as the
28  state agency for:
29         (e)  The department shall establish in each county
30  health department a Healthy Start Care Coordination Program in
31  which a care coordinator is responsible for receiving
                                  27
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  1  screening reports and risk assessment reports from the Office
  2  of Vital Statistics; conducting assessments as part of a
  3  multidisciplinary team, where appropriate; providing technical
  4  assistance to the district prenatal and infant care
  5  coalitions; directing family outreach efforts; and
  6  coordinating the provision of services within and outside the
  7  department using the plan developed by the coalition. The care
  8  coordination process must include, at a minimum, family
  9  outreach workers and health paraprofessionals who will assist
10  in providing the following enhanced services to pregnant
11  women, infants, and their families that are determined to be
12  at potential risk by the department's screening instrument:
13  case finding or outreach; assessment of health, social,
14  environmental, and behavioral risk factors; case management
15  utilizing the family support plan; home visiting to support
16  the delivery of and participation in prenatal and infant
17  primary care services; childbirth and parenting education,
18  including encouragement of breastfeeding; counseling; and
19  social services, as appropriate. Family outreach workers may
20  include social work professionals or nurses with public health
21  education and counseling experience. Paraprofessionals may
22  include resource mothers and fathers, trained health aides,
23  and parent educators. The care coordination program shall be
24  developed in a coordinated, nonduplicative manner with the
25  Developmental Evaluation and Intervention Program of
26  Children's Medical Services, using the local assessment
27  findings and plans of the prenatal and infant care coalitions
28  and the programs and services established in chapter 411, Pub.
29  L. No. 99-457, and this chapter.
30         1.  Families determined to be at potential risk based
31  on the thresholds established in the department's screening
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  1  instrument must be notified by the department of the
  2  determination and recommendations for followup services. All
  3  Medicaid-eligible families shall receive Early Periodic
  4  Screening, Diagnosis and Treatment (EPSDT) Services of the
  5  Florida Medicaid Program to help ensure continuity of care.
  6  All other families identified at potential risk shall be
  7  directed to seek additional health care followup visits as
  8  provided under s. 627.6579. A family identified as a family at
  9  potential risk is eligible for enhanced services under the
10  care coordination process within the resources allocated, if
11  it is not already receiving services from the Developmental
12  Evaluation and Intervention Program. The department shall
13  adopt rules regulating the assignment of family outreach
14  workers and paraprofessionals based on the thresholds
15  established in the department's risk assessment tool.
16         2.  As part of the care coordination process, the
17  department must ensure that subsequent screenings are
18  conducted for those families identified as families at
19  potential risk. Procedures for subsequent screenings of all
20  infants and toddlers must be consistent with the established
21  periodicity schedule and the level of risk. Screening programs
22  must be conducted in accessible locations, such as child care
23  centers, local schools, teenage pregnancy programs, community
24  centers, and county health departments. Care coordination must
25  also include initiatives to provide immunizations in
26  accessible locations. Such initiatives must seek ways to
27  ensure that children not currently being served by
28  immunization efforts are reached.
29         3.  The provision of services under this section must
30  be consistent with the provisions and plans established under
31  chapter 411, Pub. L. No. 99-457, and this chapter.
                                  29
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  1         4.  Contingent upon provision of a specific
  2  appropriation, the department shall make funding available to
  3  Healthy Start Coalitions for the development and
  4  implementation of a Pregnant-And-In-Need (PAIN) public
  5  awareness campaign targeting pregnant teens who are not
  6  seeking prenatal care and may be at high risk of abandoning
  7  their babies. The purpose of this campaign is to get prenatal
  8  care and care coordination services to pregnant teens to
  9  promote healthy newborns and to prevent the abandoning of
10  babies. The department will make funds available to the
11  Healthy Start Coalitions through a grant process. The
12  department will establish a statewide 1-800-PAIN hotline that
13  uses the current hotline for Healthy Start Coalition services.
14  The public awareness campaign funded through these grant funds
15  must include information on the PAIN hotline that pregnant
16  teens can use to receive counseling and access prenatal care
17  while remaining anonymous. The provision of funding for this
18  campaign must include an evaluation component on the impact of
19  each of the campaigns.
20         Section 13.  Paragraph (i) of subsection (3), paragraph
21  (a) of subsection (7), and subsection (18) of section 383.402,
22  Florida Statutes, are amended to read:
23         383.402  Child abuse death review; State Child Abuse
24  Death Review Committee; local child abuse death review
25  committees.--
26         (3)  The State Child Abuse Death Review Committee
27  shall:
28         (i)  Educate the public regarding the provisions of
29  chapter 99-168, Laws of Florida Kayla McKean Child Protection
30  Act, the incidence and causes of child abuse death, and ways
31  by which such deaths may be prevented.
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  1         (7)  Each local child abuse death review committee
  2  shall:
  3         (a)  Review all deaths resulting from child abuse which
  4  are reported to the Office of Vital Statistics.
  5         (18)  Each district administrator of the Department of
  6  Children and Family Services must appoint a child abuse death
  7  review coordinator for the district. The coordinator must have
  8  knowledge and expertise in the area of child abuse and
  9  neglect. The coordinator's general responsibilities include:
10         (a)  Coordinating with the local child abuse death
11  review committee.
12         (b)  Ensuring the appropriate implementation of the
13  child abuse death review process and all district activities
14  related to the review of child abuse deaths.
15         (c)  Working with the committee to ensure that the
16  reviews are thorough and that all issues are appropriately
17  addressed.
18         (d)  Maintaining a system of logging child abuse deaths
19  covered by this procedure and tracking cases during the child
20  abuse death review process.
21         (e)  Conducting or arranging for a Florida Abuse
22  Hotline Information System (FAHIS) record check on all child
23  abuse deaths covered by this procedure to determine whether
24  there were any prior reports concerning the child or
25  concerning any siblings, other children, or adults in the
26  home.
27         (f)  Coordinating child abuse death review activities,
28  as needed, with individuals in the community and the
29  Department of Health.
30         (g)  Notifying the district administrator, the
31  Secretary of Children and Family Services, and the Deputy
                                  31
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  1  Secretary for of Children's Medical Services, and the
  2  Department of Health Child Abuse Death Review Coordinator
  3  Assistant Health Officer of all child abuse deaths meeting
  4  criteria for review as specified in this section within 1
  5  working day after verifying the child's death was due to
  6  abuse, neglect, or abandonment learning of the child's death.
  7         (h)  Ensuring that all critical issues identified by
  8  the local child abuse death review committee are brought to
  9  the attention of the district administrator and the Secretary
10  of Children and Family Services.
11         (i)  Providing technical assistance to the local child
12  abuse death review committee during the review of any child
13  abuse death.
14         Section 14.  Subsection (3) of section 409.1671,
15  Florida Statutes, is amended to read:
16         409.1671  Foster care and related services;
17  privatization.--
18         (3)(a)  In order to help ensure a seamless child
19  protection system, the department shall ensure that contracts
20  entered into with community-based agencies pursuant to this
21  section include provisions for a case-transfer process to
22  determine the date that the community-based agency will
23  initiate the appropriate services for a child and family. This
24  case-transfer process must clearly identify the closure of the
25  protective investigation and the initiation of service
26  provision. At the point of case transfer, and at the
27  conclusion of an investigation, the department must provide a
28  complete summary of the findings of the investigation to the
29  community-based agency.
30         (b)  The contracts must also ensure that each
31  community-based agency shall furnish regular status reports of
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  1  its cases to the department as specified in the contract. A
  2  provider may not discontinue services without prior written
  3  notification to the department. After discontinuing services
  4  to a child or a child and family, the community-based agency
  5  must provide a written case summary, including its assessment
  6  of the child and family, to the department.
  7         (c)  The annual contract between the department and
  8  community-based agencies must include provisions that specify
  9  the procedures to be used by the parties to resolve
10  differences in interpreting the contract or to resolve
11  disputes as to the adequacy of the parties' compliance with
12  their respective obligations under the contract.
13         Section 15.  Present paragraph (c) of subsection (13)
14  of section 409.175, Florida Statutes, is redesignated as
15  paragraph (e) and new paragraphs (c) and (d) are added to that
16  section to read:
17         409.175  Licensure of family foster homes, residential
18  child-caring agencies, and child-placing agencies.--
19         (13)
20         (c)  In consultation with foster parents, each district
21  or lead agency shall develop a plan for making the completion
22  of the required training as convenient as possible for
23  potential foster parents and emergency-shelter parents. The
24  plan should include, without limitation, such strategies as
25  providing training in nontraditional locations and at
26  nontraditional times. The plan must be revised at least
27  annually and must be included in the information provided to
28  each person applying to become a foster parent or
29  emergency-shelter parent.
30         (d)  Upon a foster home becoming licensed, the
31  department or its agent must provide the foster parent with
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  1  information regarding the anticipated date of placement of a
  2  foster child; and, if a child is not placed in that home
  3  within 60 days, the department must provide monthly status
  4  reports and explanations to the foster parent regarding
  5  placement of children in the home.
  6         Section 16.  Section 409.1753, Florida Statutes, is
  7  created to read:
  8         409.1753  Foster care; duties.--
  9         (1)  The department shall ensure that, within each
10  district, each foster home is given a telephone number for the
11  foster parent to call whenever immediate assistance is needed
12  and the child's caseworker is unavailable. This number must be
13  staffed and answered by individuals possessing the knowledge
14  and authority necessary to assist foster parents.
15         (2)  To the extent practicable, the department or its
16  agent shall assign new foster care cases, in ways that
17  minimize the number of caseworkers who must interact with a
18  given foster home. Each district or designated agent of the
19  department shall annually develop a written plan that
20  describes actions that will be taken to minimize the number of
21  caseworkers with whom each foster parent must interact and
22  must provide a copy of the plan to all licensed foster homes.
23         (3)  Unless a child's safety is at risk, as documented
24  in the child's case file, the department or its agent shall
25  provide at least 2 weeks' notice to the child and his or her
26  foster parent prior to the child being moved to another
27  placement in order to provide sufficient time for all parties,
28  including the child and the foster parent, to plan for the
29  move.
30         Section 17.  Any funds appropriated for the
31  establishment of model dependency court pilot programs for
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  1  Fiscal Year 2000-2001 in the 5th, 10th, and 17th judicial
  2  circuits shall be used for the purpose of hiring general
  3  masters to hear cases referred by the presiding judge. The
  4  Office of the State Courts Administrator shall evaluate the
  5  utilization of general masters in the furtherance of
  6  permanency for children. The results of this evaluation shall
  7  be reported to the President of the Senate and the Speaker of
  8  the House of Representatives by December 1, 2001.
  9         Section 18.  Full-time equivalent positions of the
10  Department of Children and Family Services and of agencies
11  under either a contract or a grant arrangement with the
12  department which are directly involved in the investigation of
13  child abuse and neglect or in the performance of activities
14  directly related to the protection of children who have been
15  or are at risk of abuse or neglect are not subject to
16  position-lapse adjustments included in annual agency operating
17  budgets. Such positions must be promptly filled and delays in
18  hiring must be kept to a minimum.
19         Section 19.  (1)  A work group is established in the
20  Department of Children and Family Services for the purpose of
21  evaluating child abuse and neglect reports involving children
22  who were referred to child protection teams but for whom the
23  appointments were not kept. The department shall include on
24  the work group members of the child protection team staff of
25  the Children's Medical Services of the Department of Health,
26  child protective investigators, child welfare legal services
27  attorneys, and representatives of appropriate law enforcement
28  agencies, and other persons, as appropriate. The work group is
29  directed to evaluate reports that are made from July 1, 2000
30  through December 31, 2000, which meet the criteria. The
31  evaluation should distinguish among the types of maltreatment
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  1  reported in analyzing the reasons appointments were not kept;
  2  follow-up activities by child protection teams; follow-up
  3  activities by the child protection investigators; actions by
  4  child welfare legal attorneys; case histories, including
  5  previous reports of abuse or neglect, previous dependency
  6  actions, any known subsequent reports of abuse or neglect; and
  7  any other factors the work group considers pertinent.
  8         (2)  The work group shall report its findings to the
  9  Department of Children and Family Services and the Department
10  of Health with recommendations for process improvements and
11  policy changes to reduce the incidence of unkept appointments.
12  The Department of Children and Family Services shall report
13  the findings of the work group, with recommendations for any
14  statutory changes, to the Legislature by November 1, 2001.
15         (3)  The sum of $25,000 is appropriated from the
16  General Revenue Fund to the Department of Children and Family
17  Services to support the data gathering and analysis of the
18  work group.
19         Section 20.  Section 1 of chapter 99-168, Laws of
20  Florida, is repealed.
21         Section 21.  This act shall take effect July 1, 2000.
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 730
  3
  4
    -     Requires the Department of Children and Family Services
  5        to determine if a known or suspected case of child
          abuse, abandonment, or neglect may involve criminal
  6        conduct and needs to be forwarded for a criminal
          investigation to the municipality or county law
  7        enforcement agency. This is substituted for providing
          clear parameters to law enforcement for determining when
  8        they become responsible for conducting a criminal
          investigation and their responsibilities for these
  9        cases.
10  -     Removes the updates and revisions to a number of the
          stipulations relative to the sheriff offices' provision
11        of child protective investigation with the exception of
          requiring that the Department of Children and Family
12        Services enter into agreement with Seminole County to
          perform child protective investigations.
13
    -     Modifies the mandatory reporting of child abuse to not
14        require officers and employees of the judicial branch to
          provide notice of suspected child abuse when the child
15        is currently being investigated by the department, there
          is an existing dependency case, or the matter has been
16        previously reported to the department.
17  -     Stipulates that judges are not subject to criminal
          prosecution for failing to report child abuse when the
18        information was received in the course of official
          duties.
19
    -     Expands the time frame in which the department has to
20        complete its investigation from 30 days to 60 days.
21  -     Removes the title "Kayla McKean Child Protection Act"
          from ch. 99-168.
22
    -     Removes the requirement that physician assistants on the
23        child protection team must have "direct supervision" of
          a CPT pediatrician and instead only requires
24        "supervision."
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