HOUSE AMENDMENT
    h1214-08                        Bill No. CS for CS for SB 1214
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Murman offered the following:
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13         Amendment (with title amendment) 
14  remove from the bill:  everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Paragraph (c) of subsection (7) of section
18  20.19, Florida Statutes, is amended to read:
19         20.19  Department of Children and Family
20  Services.--There is created a Department of Children and
21  Family Services.
22         (7)  PROTOTYPE REGION.--
23         (c)  The department is authorized to contract for
24  children's services with a lead agency in each county of the
25  prototype area, except that the lead agency contract may cover
26  more than one county when it is determined that such coverage
27  will provide more effective or efficient services. The duties
28  of the lead agency shall include, but not necessarily be
29  limited to:
30         1.  Directing and coordinating the program and
31  children's services within the scope of its contract.
                                  1
    File original & 9 copies    04/25/01                          
    hbd0007                     09:18 am         01214-0056-483633

HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 2. Providing or contracting for the provision of core 2 services, including intake and eligibility, assessment, 3 service planning, and case management. However, a lead agency 4 may obtain approval from the department to provide core 5 services, including intake and eligibility, assessment, 6 service planning, and case management, upon a finding by the 7 department that such lead agency is the only appropriate 8 organization within the service district capable of providing 9 such service or services within the department's quality 10 assurance and performance standards. 11 3. Creating a service provider network capable of 12 delivering the services contained in client service plans, 13 which shall include identifying the necessary services, the 14 necessary volume of services, and possible utilization 15 patterns and negotiating rates and expectations with 16 providers. 17 4. Managing and monitoring of provider contracts and 18 subcontracts. 19 5. Developing and implementing an effective bill 20 payment mechanism to ensure all providers are paid in a timely 21 fashion. 22 6. Providing or arranging for administrative services 23 necessary to support service delivery. 24 7. Utilizing departmentally approved training and 25 meeting departmentally defined credentials and standards. 26 8. Providing for performance measurement in accordance 27 with the department's quality assurance program and providing 28 for quality improvement and performance measurement. 29 9. Developing and maintaining effective interagency 30 collaboration to optimize service delivery. 31 10. Ensuring that all federal and state reporting 2 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 requirements are met. 2 11. Operating a consumer complaint and grievance 3 process. 4 12. Ensuring that services are coordinated and not 5 duplicated with other major payors, such as the local schools 6 and Medicaid. 7 13. Any other duties or responsibilities defined in s. 8 409.1671 related to community-based care. 9 Section 2. Present subsection (15) of section 39.402, 10 Florida Statutes, is redesignated as subsection (16), 11 subsection (9) is amended and a new subsection (15) is added 12 to that section, to read: 13 (9) At any shelter hearing, the department shall 14 provide to the court a recommendation for scheduled contact 15 between the child and parents, if appropriate. T the court 16 shall determine visitation rights absent a clear and 17 convincing showing that visitation is not in the best interest 18 of the child. If visitation is ordered but will not commence 19 within 72 hours of the shelter hearing, the department shall 20 provide justification to the court. 21 (10) The shelter hearing order shall contain a written 22 determination as to whether the department has made a 23 reasonable effort to prevent or eliminate the need for removal 24 or continued removal of the child from the home. If the 25 department has not made such an effort, the court shall order 26 the department to provide appropriate and available services 27 to ensure the protection of the child in the home when such 28 services are necessary for the child's health and safety. 29 (11) If a child is placed in a shelter pursuant to a 30 court order following a shelter hearing, the court shall 31 require in the shelter hearing order that the parents of the 3 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 child, or the guardian of the child's estate, if possessed of 2 assets which under law may be disbursed for the care, support, 3 and maintenance of the child, to pay, to the department or 4 institution having custody of the child, fees as established 5 by the department. When the order affects the guardianship 6 estate, a certified copy of the order shall be delivered to 7 the judge having jurisdiction of the guardianship estate. The 8 shelter order shall also require the parents to provide to the 9 department and any other state agency or party designated by 10 the court, within 28 days after entry of the shelter order, 11 the financial information necessary to accurately calculate 12 child support pursuant to s. 61.30. 13 (12) In the event the shelter hearing is conducted by 14 a judge other than the juvenile court judge, the juvenile 15 court judge shall hold a shelter review on the status of the 16 child within 2 working days after the shelter hearing. 17 (13) A child may not be held in a shelter under an 18 order so directing for more than 60 days without an 19 adjudication of dependency. A child may not be held in a 20 shelter for more than 30 days after the entry of an order of 21 adjudication unless an order of disposition has been entered 22 by the court. 23 (14) The time limitations in this section do not 24 include: 25 (a) Periods of delay resulting from a continuance 26 granted at the request or with the consent of the child's 27 counsel or the child's guardian ad litem, if one has been 28 appointed by the court, or, if the child is of sufficient 29 capacity to express reasonable consent, at the request or with 30 the consent of the child's attorney or the child's guardian ad 31 litem, if one has been appointed by the court, and the child. 4 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 (b) Periods of delay resulting from a continuance 2 granted at the request of the attorney for the department, if 3 the continuance is granted: 4 1. Because of an unavailability of evidence material 5 to the case when the attorney for the department has exercised 6 due diligence to obtain such evidence and there are 7 substantial grounds to believe that such evidence will be 8 available within 30 days. However, if the department is not 9 prepared to present its case within 30 days, the parent or 10 legal custodian may move for issuance of an order to show 11 cause or the court on its own motion may impose appropriate 12 sanctions, which may include dismissal of the petition. 13 2. To allow the attorney for the department additional 14 time to prepare the case and additional time is justified 15 because of an exceptional circumstance. 16 (c) Reasonable periods of delay necessary to 17 accomplish notice of the hearing to the child's parents or 18 legal custodians; however, the petitioner shall continue 19 regular efforts to provide notice to the parents or legal 20 custodians during such periods of delay. 21 (d) Reasonable periods of delay resulting from a 22 continuance granted at the request of the parent or legal 23 custodian of a subject child. 24 (15) The department at the conclusion of the shelter 25 hearing, shall make available to parents or legal custodians 26 seeking voluntary services, any referral information necessary 27 for participation in such identified services. The parents' or 28 legal custodians'participation in the services shall not be 29 considered an admission or other acknowledgement of the 30 allegations in the shelter petition. 31 (16)(15) At the conclusion of a shelter hearing, the 5 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 court shall notify all parties in writing of the next 2 scheduled hearing to review the shelter placement. Such 3 hearing shall be held no later than 30 days after placement of 4 the child in shelter status, in conjunction with the 5 arraignment hearing, and every 15 days thereafter until the 6 child is released from shelter status. 7 Section 3. Present subsections (5), (6), and (7) of 8 section 39.521,Florida Statutes are redesignated as 9 subsections (6), (7),and (8), respectively, and a new 10 subsection (5) is added to that section, to read: 11 39.521 Disposition hearings; powers of disposition.-- 12 (5)(a) In districts 4, 11, and 12 and in the Suncoast 13 Region of the department and, except as provided in s. 39.407, 14 any child 11 years of age or older who has been in licensed 15 family foster care for 6 months or longer and who is then 16 moved more than once must be assessed for placement in 17 licensed residential group care. The assessment procedures 18 shall be conducted by the department or its agent and shall 19 incorporate and address current and historical information 20 from any psychological testing or evaluation that has 21 occurred; current and historical information from the guardian 22 ad litem, if one has been assigned; current and historical 23 information from any current therapist, teacher, or other 24 professional who has knowledge of the child and has worked 25 with the child; information regarding the placement of any 26 siblings of the child and the impact of the child's placement 27 in residential group care on the child's siblings; the 28 circumstances necessitating the moves of the child while in 29 family foster care and the recommendations of the former 30 foster families, if available; the status of the child's case 31 plan and a determination as to the impact of placing the child 6 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 in residential group care on the goals of the case plan; the 2 age, maturity, and desires of the child concerning placement; 3 the availability of any less restrictive, more family-like 4 setting for the child in which the foster parents have the 5 necessary training and skills for providing a suitable 6 placement for the child; and any other information concerning 7 the availability of suitable residential group care. If such 8 placement is determined to be appropriate as a result of this 9 procedure, the child must be placed in residential group care, 10 if available. 11 (b) The results of the assessment described in 12 paragraph (a) and the actions taken as a result of the 13 assessment must be included in the next judicial review of the 14 child. At each subsequent judicial review, the court must be 15 advised in writing of the status of the child's placement, 16 with special reference regarding the stability of the 17 placement and the permanency planning for the child. 18 (c) Any residential group care facility that receives 19 children under the provisions of this subsection shall 20 establish special permanency teams dedicated to overcoming the 21 special permanency challenges presented by this population of 22 children. Each facility shall report to the department its 23 success in achieving permanency for children placed by the 24 department in its care at intervals that allow the current 25 information to be provided to the court at each judicial 26 review for the child. 27 (d) This subsection does not prohibit the department 28 from assessing and placing children who do not meet the 29 criteria in paragraph (a) in residential group care if such 30 placement is the most appropriate placement for such children. 31 (e) By December 1 of each year beginning in 2001, the 7 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 department shall report to the Legislature on the placement of 2 children in licensed residential group care during the year, 3 including the criteria used to determine the placement of 4 children, the number of children who were evaluated for 5 placement, the number of children who were placed based upon 6 the evaluation, and the number of children who were not 7 placed. The department shall maintain data specifying the 8 number of children who were referred to licensed residential 9 child care for whom placement was unavailable and the counties 10 in which such placement was unavailable. The department shall 11 include this data in its report to the Legislature due on 12 December 1, so that the Legislature may consider this 13 information in developing the General Appropriations Act. 14 (f) The provisions of this subsection shall be 15 implemented to the extent of available appropriations 16 contained in the annual General Appropriations Act for such 17 purpose. 18 Section 4. Subsection (1) of section 409.1671, Florida 19 Statutes, is amended to read: 20 409.1671 Foster care and related services; 21 privatization.-- 22 (1)(a) It is the intent of the Legislature that the 23 Department of Children and Family Services shall privatize the 24 provision of foster care and related services statewide. It is 25 further the Legislature's intent to encourage communities and 26 other stakeholders in the well-being of children to 27 participate in assuring that children are safe and 28 well-nurtured. However, while recognizing that some local 29 governments are presently funding portions of certain foster 30 care and related services programs and may choose to expand 31 such funding in the future, the Legislature does not intend by 8 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 its privatization of foster care and related services that any 2 county, municipality, or special district be required to 3 assist in funding programs that previously have been funded by 4 the state. Nothing in this paragraph prohibits any county, 5 municipality, or special district from future voluntary 6 funding participation in foster care and related services. As 7 used in this section, the term "privatize" means to contract 8 with competent, community-based agencies. The department shall 9 submit a plan to accomplish privatization statewide, through a 10 competitive process, phased in over a 3-year period beginning 11 January 1, 2000. This plan must be developed with local 12 community participation, including, but not limited to, input 13 from community-based providers that are currently under 14 contract with the department to furnish community-based foster 15 care and related services, and must include a methodology for 16 determining and transferring all available funds, including 17 federal funds that the provider is eligible for and agrees to 18 earn and that portion of general revenue funds which is 19 currently associated with the services that are being 20 furnished under contract. The methodology must provide for the 21 transfer of funds appropriated and budgeted for all services 22 and programs that have been incorporated into the project, 23 including all management, capital (including current furniture 24 and equipment), and administrative funds to accomplish the 25 transfer of these programs. This methodology must address 26 expected workload and at least the 3 previous years' 27 experience in expenses and workload. With respect to any 28 district or portion of a district in which privatization 29 cannot be accomplished within the 3-year timeframe, the 30 department must clearly state in its plan the reasons the 31 timeframe cannot be met and the efforts that should be made to 9 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 remediate the obstacles, which may include alternatives to 2 total privatization, such as public-private partnerships. As 3 used in this section, the term "related services" includes, 4 but is not limited to, means family preservation, independent 5 living, emergency shelter, residential group care, foster 6 care, therapeutic foster care, intensive residential 7 treatment, foster care supervision, case management, 8 postplacement supervision, permanent foster care, and family 9 reunification. Unless otherwise provided for, beginning in 10 fiscal year 1999-2000, either the state attorney or the Office 11 of the Attorney General shall provide child welfare legal 12 services, pursuant to chapter 39 and other relevant 13 provisions, in Sarasota, Pinellas, Pasco, Broward, and Manatee 14 Counties. Such legal services shall commence and be 15 effective, as soon as determined reasonably feasible by the 16 respective state attorney or the Office of the Attorney 17 General, after the privatization of associated programs and 18 child protective investigations has occurred. When a private 19 nonprofit agency has received case management 20 responsibilities, transferred from the state under this 21 section, for a child who is sheltered or found to be dependent 22 and who is assigned to the care of the privatization project, 23 the agency may act as the child's guardian for the purpose of 24 registering the child in school if a parent or guardian of the 25 child is unavailable and his or her whereabouts cannot 26 reasonably be ascertained. The private nonprofit agency may 27 also seek emergency medical attention for such a child, but 28 only if a parent or guardian of the child is unavailable, his 29 or her whereabouts cannot reasonably be ascertained, and a 30 court order for such emergency medical services cannot be 31 obtained because of the severity of the emergency or because 10 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 it is after normal working hours. However, the provider may 2 not consent to sterilization, abortion, or termination of life 3 support. If a child's parents' rights have been terminated, 4 the nonprofit agency shall act as guardian of the child in all 5 circumstances. 6 (b) As used in this section, the term "eligible lead 7 community-based provider" means a single agency with which the 8 department shall contract for the provision of child 9 protective services in a community that is no smaller than a 10 county. The secretary of the department may authorize more 11 than one eligible lead community-based provider within a 12 single county when to do so will result in more effective 13 delivery of foster care and related services. To compete for a 14 privatization project, such agency must have: 15 1. The ability to coordinate, integrate, and manage 16 all child protective services in the designated community in 17 cooperation with child protective investigations. 18 2. The ability to ensure continuity of care from entry 19 to exit for all children referred from the protective 20 investigation and court systems. 21 3. The ability to provide directly, or contract for 22 through a local network of providers, all necessary child 23 protective services. 24 4. The willingness to accept accountability for 25 meeting the outcomes and performance standards related to 26 child protective services established by the Legislature and 27 the Federal Government. 28 5. The capability and the willingness to serve all 29 children referred to it from the protective investigation and 30 court systems, regardless of the level of funding allocated to 31 the community by the state, provided all related funding is 11 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 transferred. 2 6. The willingness to ensure that each individual who 3 provides child protective services completes the training 4 required of child protective service workers by the Department 5 of Children and Family Services. 6 7. The ability to maintain eligibility to receive all 7 federal child welfare funds, including Title IV-E and IV-A 8 funds, currently being used by the Department of Children and 9 Family Services. 10 (c)1. If attempts to competitively procure services 11 through an eligible lead community-based provider as defined 12 in paragraph (b) do not produce a capable and willing agency, 13 the department shall develop a plan in collaboration with the 14 local community alliance. The plan must detail how the 15 community will continue to implement privatization through 16 competitively procuring either the specific components of 17 foster care and related services or comprehensive services for 18 defined eligible populations of children and families from 19 qualified licensed agencies as part of its efforts to develop 20 the local capacity for a community-based system of coordinated 21 care. The plan must ensure local control over the management 22 and administration of the service provision in accordance with 23 the intent of this section and may include recognized best 24 business practices, including some form of public or private 25 partnerships. In the absence of a community alliance, the plan 26 must be submitted to the President of the Senate and the 27 Speaker of the House of Representatives for their comments. 28 2.1. The Legislature finds that the state has 29 traditionally provided foster care services to children who 30 have been the responsibility of the state. As such, foster 31 children have not had the right to recover for injuries beyond 12 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 the limitations specified in s. 768.28. The Legislature has 2 determined that foster care and related services need to be 3 privatized pursuant to this section and that the provision of 4 such services is of paramount importance to the state. The 5 purpose for such privatization is to increase the level of 6 safety, security, and stability of children who are or become 7 the responsibility of the state. One of the components 8 necessary to secure a safe and stable environment for such 9 children is that private providers maintain liability 10 insurance. As such, insurance needs to be available and remain 11 available to nongovernmental foster care and related services 12 providers without the resources of such providers being 13 significantly reduced by the cost of maintaining such 14 insurance. 15 3.2. The Legislature further finds that, by requiring 16 the following minimum levels of insurance, children in 17 privatized foster care and related services will gain 18 increased protection and rights of recovery in the event of 19 injury than provided for in s. 768.28. 20 (d) Other than an entity to which s. 768.28 applies, 21 any eligible lead community-based provider, as defined in 22 paragraph (b), or its employees or officers, except as 23 otherwise provided in paragraph (e), must, as a part of its 24 contract, obtain a minimum of $1 million per claim/$3 million 25 per incident in general liability insurance coverage. In any 26 tort action brought against such an eligible lead 27 community-based provider, net economic damages shall be 28 limited to $1 million per claim, including, but not limited 29 to, past and future medical expenses, wage loss, and loss of 30 earning capacity, offset by any collateral source payment paid 31 or payable. In any tort action brought against such an 13 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 eligible lead community-based provider, noneconomic damages 2 shall be limited to $200,000 per claim. A claims bill may be 3 brought on behalf of a claimant pursuant to s. 768.28 for any 4 amount exceeding the limits specified in this paragraph. Any 5 offset of collateral source payments made as of the date of 6 the settlement or judgment shall be in accordance with s. 7 768.76. The lead community-based provider shall not be liable 8 in tort for the acts or omissions of its subcontractors or the 9 officers, agents, or employees of its subcontractors. 10 (e) The liability of an eligible lead community-based 11 provider described in this section shall be exclusive and in 12 place of all other liability of such provider. The same 13 immunities from liability enjoyed by such providers shall 14 extend as well to each employee of the provider when such 15 employee is acting in furtherance of the provider's business. 16 Such immunities shall not be applicable to a provider or an 17 employee who acts in a culpably negligent manner or with 18 willful and wanton disregard or unprovoked physical aggression 19 when such acts result in injury or death or such acts 20 proximately cause such injury or death; nor shall such 21 immunities be applicable to employees of the same provider 22 when each is operating in the furtherance of the provider's 23 business, but they are assigned primarily to unrelated works 24 within private or public employment. The same immunity 25 provisions enjoyed by a provider shall also apply to any sole 26 proprietor, partner, corporate officer or director, 27 supervisor, or other person who in the course and scope of his 28 or her duties acts in a managerial or policymaking capacity 29 and the conduct that caused the alleged injury arose within 30 the course and scope of those managerial or policymaking 31 duties. Culpable negligence is defined as reckless 14 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 indifference or grossly careless disregard of human life. 2 (f) Any subcontractor of an eligible lead 3 community-based provider, as defined in paragraph (b), which 4 is a direct provider of foster care and related services to 5 children and families, and its employees or officers, except 6 as otherwise provided in paragraph (e), must, as a part of its 7 contract, obtain a minimum of $1 million per claim $3 million 8 per incident in general liability insurance coverage. In any 9 tort action brought against such subcontractor, net economic 10 damages shall be limited to $1 million per claim, including, 11 but not limited to, past and future medical expenses, wage 12 loss, and loss of earning capacity, offset by any collateral 13 source payment paid or payable. In any tort action brought 14 against such subcontractor, noneconomic damages shall be 15 limited to $200,000 per claim. A claims bill may be brought on 16 behalf of a claimant pursuant to s. 768.28 for any amount 17 exceeding the limits specified in this paragraph. Any offset 18 of collateral source payments made as of the date of the 19 settlement or judgment shall be in accordance with s. 768.76. 20 (g) The liability of a subcontractor of an eligible 21 lead community-based provider that is a direct provider of 22 foster care and related services as described in this section 23 shall be exclusive and in place of all other liability of such 24 provider. The same immunities from liability enjoyed by such 25 subcontractor provider shall extend as well to each employee 26 of the subcontractor when such employee is acting in 27 furtherance of the subcontractor's business. Such immunities 28 shall not be applicable to a subcontractor or an employee who 29 acts in a culpably negligent manner or with willful and wanton 30 disregard or unprovoked physical aggression when such acts 31 result in injury or death or such acts proximately cause such 15 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 injury or death; nor shall such immunities be applicable to 2 employees of the same subcontractor when each is operating in 3 the furtherance of the subcontractor's business, but they are 4 assigned primarily to unrelated works within private or public 5 employment. The same immunity provisions enjoyed by a 6 subcontractor shall also apply to any sole proprietor, 7 partner, corporate officer or director, supervisor, or other 8 person who in the course and scope of his or her duties acts 9 in a managerial or policymaking capacity and the conduct that 10 caused the alleged injury arose within the course and scope of 11 those managerial or policymaking duties. Culpable negligence 12 is defined as reckless indifference or grossly careless 13 disregard of human life. 14 (h) The Legislature is cognizant of the increasing 15 costs of goods and services each year and recognizes that 16 fixing a set amount of compensation actually has the effect of 17 a reduction in compensation each year. Accordingly, the 18 conditional limitations on damages in this section shall be 19 increased at the rate of 5 percent each year, prorated from 20 the effective date of this paragraph to the date at which 21 damages subject to such limitations are awarded by final 22 judgment or settlement. 23 Section 5. Section 409.1676, Florida Statutes, is 24 created to read: 25 409.1676 Comprehensive residential services to 26 children who have extraordinary needs.-- 27 (1) It is the intent of the Legislature to provide 28 comprehensive residential services, including residential 29 care, case management, and other services, to children in the 30 child protection system who have extraordinary needs, such as 31 serious behavioral problems or having been determined to be 16 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 without the options of either reunification with family or 2 adoption. These services are to be provided in a residential 3 group care setting by a not-for-profit corporation or a local 4 government entity under a contract with the Department of 5 Children and Family Services or by a lead agency as described 6 in s. 409.1671. These contracts should be designed to provide 7 an identified number of children with access to a full array 8 of services for a fixed price. 9 (2) As used in this section, the term: 10 (a) "Residential group care" means a living 11 environment for children who have been adjudicated dependent 12 and are expected to be in foster care for at least 6 months 13 with 24-hour-awake staff or live-in group home parents or 14 staff. Beginning July 1, 2001, all facilities must be 15 appropriately licensed in this state, and they must be 16 accredited by July 1, 2005. 17 (b) "Serious behavioral problems" means behaviors of 18 children who have been assessed by a licensed master's-level 19 human-services professional to need at a minimum intensive 20 services but who do not meet the criteria of s. 394.492(6) or 21 s. 394.492(7). A child with an emotional disturbance as 22 defined in s. 394.492(5) may be served in residential group 23 care unless a determination is made by a mental health 24 professional that such a setting is inappropriate. 25 (3) The department, in accordance with a specific 26 appropriation for this program, shall contract with a 27 not-for-profit corporation, a local government entity, or the 28 lead agency that has been established in accordance with s. 29 409.1671 for the performance of residential group care 30 services described in this section in, at a minimum, districts 31 4, 11, 12, and the Suncoast Region of the Department of 17 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 Children and Family Services and with a not-for-profit entity 2 serving children from multiple districts. A lead agency that 3 is currently providing residential care may provide this 4 service directly with the approval of the local community 5 alliance. The department or a lead agency may contract for 6 more than one site in a county if that is determined to be the 7 most effective way to achieve the goals set forth in this 8 section. 9 (4) The lead agency, the contracted not-for-profit 10 corporation, or the local government entity is responsible for 11 a comprehensive assessment, residential care, transportation, 12 behavioral health services, recreational activities, clothing, 13 supplies and miscellaneous expenses associated with caring for 14 these children, for necessary arrangement for or provision of 15 educational services, and for assuring necessary and 16 appropriate health and dental care. 17 (5) The department may transfer all casework 18 responsibilities for children served under this program to the 19 entity that provides this service, including case management 20 and development and implementation of a case plan in 21 accordance with current standards for child protection 22 services. When the department establishes this program in a 23 community that has a lead agency as described in s. 409.1671, 24 the casework responsibilities must be transferred to the lead 25 agency. 26 (6) This section does not prohibit any provider of 27 these services from appropriately billing Medicaid for 28 services rendered, from contracting with a local school 29 district for educational services, or from earning federal or 30 local funding for services provided, as long as two or more 31 funding sources do not pay for the same specific service that 18 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 has been provided to a child. 2 (7) The lead agency, not-for-profit corporation, or 3 local government entity has the legal authority for children 4 served under this program, as provided in chapter 39 or this 5 chapter, as appropriate, to enroll the child in school, to 6 sign for a driver's license for the child, to co-sign loans 7 and insurance for the child, to sign for medical treatment, 8 and to authorize other such activities. 9 (8) The department shall provide technical assistance 10 as requested and contract-management services. 11 (9) The provisions of this section shall be 12 implemented to the extent of available appropriations 13 contained in the annual General Appropriations Act for such 14 purpose. 15 Section 6. Section 409.1677, Florida Statutes, is 16 created to read: 17 409.1677 Model comprehensive residential services 18 programs.-- 19 (1) As used in this section, the term: 20 (a) "Residential group care" means a living 21 environment for children who have been adjudicated dependent 22 and are expected to be in foster care for a minimum of 6 23 months with 24-hour-awake staff or live-in group home parents 24 or staff. Beginning July 1, 2001, all facilities must be 25 appropriately licensed in this state, and they must be 26 accredited by July 1, 2005. 27 (b) "Serious behavioral problems" means behaviors of 28 children who have been assessed by a licensed master's-level 29 human services professional to need at a minimum intensive 30 services but who do not meet the criteria of s. 394.492(6) or 31 s. 394.492(7). A child with an emotional disturbance as 19 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 defined in s. 394.492(5) may be served in residential group 2 care unless a determination is made by a mental health 3 professional that such a setting is inappropriate. 4 (2) The department shall establish a model 5 comprehensive residential services program in Dade and Manatee 6 Counties through a contract with the designated lead agency 7 established in accordance with s. 409.1671 or with a private 8 entity capable of providing residential group care and 9 home-based care and experienced in the delivery of a range of 10 services to foster children, if no lead agency exists. These 11 model programs are to serve that portion of eligible children 12 within each county which is specified in the contract, based 13 on funds appropriated, to include a full array of services for 14 a fixed price. The private entity or lead agency is 15 responsible for all programmatic functions necessary to carry 16 out the intent of this section. 17 (3) Each model must include: 18 (a) A focus on serving the full range of children in 19 foster care, including those who have specialized needs, such 20 as children who are unlikely to be reunited with their 21 families or placed in adoptive homes; sibling groups; children 22 who have serious behavioral problems; and children who are 23 victims of sexual abuse. 24 (b) For each child who is in care, the provision of or 25 arrangements for a comprehensive assessment; residential care; 26 transportation; behavioral health services; recreational 27 activities; clothing, supplies, and miscellaneous expenses 28 associated with caring for these children; educational 29 services; necessary and appropriate health and dental care; 30 legal services; and aftercare services. 31 (c) A commitment and ability to find and use 20 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 innovative approaches to address the problems in the 2 traditional foster care system, such as high caregiver 3 turnover, disrupted and multiple placements, runaway behavior, 4 and abusive or nontherapeutic care. 5 (d) The provision of a full range of residential 6 services tailored to the individual needs of each child in 7 care, including group homes for initial assessment and for 8 stabilization; professional and traditional foster homes; 9 residential group care provided in a setting that is homelike 10 and provides care in residences housing no more than 12 11 children and staffed with full-time, appropriately trained 12 house parents; and independent living apartments. The programs 13 are designed for children who must enter the foster care 14 system, but the use of placement with relatives as part of a 15 child's care is encouraged. 16 (e) The provision of the full range of administrative 17 services necessary to operate the program. 18 (f) Specific eligibility criteria established in the 19 contract, including a "no-reject-no-eject" commitment with the 20 described eligible children, unless the court determines that 21 the placement is not in a child's best interest. 22 (g) An ability, through its trained, multidisciplinary 23 staff, to facilitate the achievement of the permanency goals 24 of the children who are in care. 25 (h) The design and utilization of a retired-volunteer 26 mentor program that would make use of the skills of retired 27 individuals in helping to meet the needs of both the children 28 in care and their caregivers. 29 (i) The willingness and ability to assume financial 30 risk for the care of children referred to the program under 31 the contract. 21 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 (j) The willingness and ability to serve as a research 2 and teaching laboratory for departmental and community-based 3 care programs throughout the state in an effort to improve the 4 quality of foster care. 5 (4) This section does not prohibit any provider of 6 these services from appropriately billing Medicaid for 7 services rendered, from contracting with a local school 8 district for educational services, or from earning federal or 9 local funding for services provided, as long as two or more 10 funding sources do not pay for the same specific service that 11 has been provided to a child. 12 (5) The lead agency, not-for-profit corporation, or 13 local government entity has the legal authority for children 14 served under this program, as provided in chapter 39 or this 15 chapter, as appropriate, to enroll the child in school, to 16 sign for a driver's license for the child, to co-sign loans 17 and insurance for the child, to sign for medical treatment, 18 and to authorize other such activities. 19 (6) The department shall provide technical assistance 20 as requested and contract-management services. 21 (7) The provisions of this section shall be 22 implemented to the extent of available appropriations 23 contained in the annual General Appropriations Act for such 24 purpose. 25 Section 7. Section 409.1679, Florida Statutes, is 26 created to read: 27 409.1679 Additional requirements, effective date, 28 reimbursement methodology, and evaluation.-- 29 (1) The programs established under ss. 409.1676 and 30 409.1677 are to be operational within 6 months after those 31 sections take effect, and, beginning 1 month after this 22 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 section takes effect and continuing until full operation of 2 those programs is realized, the department shall provide to 3 the Legislature monthly written status reports on the progress 4 toward implementing those programs. 5 (2) The programs established under ss. 409.1676 and 6 409.1677 must be included as part of the annual evaluation 7 currently required under s. 409.1671. With respect to these 8 specific programs and models, the annual evaluation must be 9 conducted by an independent third party and must include, by 10 specific site, the level of attainment of the targeted 11 outcomes listed in subsection (3). The evaluation of the model 12 programs must include, at a minimum, an assessment of their 13 cost-effectiveness, of their ability to successfully implement 14 the assigned program elements, and of their attainment of 15 performance standards that include legislatively established 16 standards for similar programs and other standards determined 17 jointly by the department and the providers and stated in a 18 contract. 19 (3) Each program established under ss. 409.1676 and 20 409.1677 must meet the following expectations, which must be 21 included in its contracts with the department or lead agency: 22 (a) No more than 10 percent of the children served may 23 move from one living environment to another, unless the child 24 is returned to family members or is moved, in accordance with 25 the treatment plan, to a less-restrictive setting. Each child 26 must have a comprehensive transitional plan that identifies 27 the child's living arrangement upon leaving the program and 28 specific steps and services that are being provided to prepare 29 for that arrangement. Specific expectations as to the time 30 period necessary for the achievement of these permanency goals 31 must be included in the contract. 23 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 (b) Each child must receive a full academic year of 2 appropriate educational instruction. No more than 10 percent 3 of the children may be in more than one academic setting in an 4 academic year, unless the child is being moved, in accordance 5 with an educational plan, to a less-restrictive setting. Each 6 child must demonstrate academic progress and must be 7 performing at grade level or at a level commensurate with a 8 valid academic assessment. 9 (c) Siblings must be kept together in the same living 10 environment 100 percent of the time, unless that is determined 11 by the provider not to be in the children's best interest. 12 When siblings are separated in placement, the decision must be 13 reviewed and approved by the court within 30 days. 14 (d) The program must experience a caregiver turnover 15 rate and an incidence of child runaway episodes which are at 16 least 50 percent below the rates experienced in the rest of 17 the state. 18 (e) In addition to providing a comprehensive 19 assessment, the program must provide, 100 percent of the time, 20 any or all of the following services that are indicated 21 through the assessment: residential care; transportation; 22 behavioral health services; recreational activities; clothing, 23 supplies, and miscellaneous expenses associated with caring 24 for these children; necessary arrangements for or provision of 25 educational services; and necessary and appropriate health and 26 dental care. 27 (f) The children who are served in this program must 28 be satisfied with the services and living environment. 29 (g) The caregivers must be satisfied with the program. 30 (4) Notwithstanding the provisions of s. 409.141, the 31 Department of Children and Family Services shall fairly and 24 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 reasonably reimburse the programs established under ss. 2 409.1676 and 409.1677 based on a prospective per-diem rate, 3 which must be specified annually in the General Appropriations 4 Act. Funding for these programs shall be made available from 5 resources appropriated and identified in the General 6 Appropriations Act. 7 Section 8. Present paragraph (j) of subsection (5) of 8 section 409.175, Florida Statutes, is redesignated as 9 paragraph (k), paragraphs (h) and (i) of that subsection are 10 amended, and a new paragraph (j) is added to that subsection, 11 to read: 12 409.175 Licensure of family foster homes, residential 13 child-caring agencies, and child-placing agencies.-- 14 (5) 15 (h) Upon determination that the applicant meets the 16 state minimum licensing requirements, the department shall 17 issue a license without charge to a specific person or agency 18 at a specific location. A license may be issued if all the 19 screening materials have been timely submitted; however, a 20 license may not be issued or renewed if any person at the home 21 or agency has failed the required screening. The license is 22 nontransferable. A copy of the license shall be displayed in a 23 conspicuous place. Except as provided in paragraph (j), the 24 license is valid for 1 year from the date of issuance, unless 25 the license is suspended or revoked by the department or is 26 voluntarily surrendered by the licensee. The license is the 27 property of the department. 28 (i) A license issued for the operation of a family 29 foster home or agency, unless sooner suspended, revoked, or 30 voluntarily returned, will expire automatically 1 year from 31 the date of issuance except as provided in paragraph (j). 25 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 Ninety days prior to the expiration date, an application for 2 renewal shall be submitted to the department by a licensee who 3 wishes to have the license renewed. A license shall be 4 renewed upon the filing of an application on forms furnished 5 by the department if the applicant has first met the 6 requirements established under this section and the rules 7 promulgated hereunder. 8 (j) The department may issue a license that is valid 9 for longer than 1 year but no longer than 3 years to a family 10 foster home that: 11 1. Has maintained a license with the department as a 12 family foster home for at least the 3 previous consecutive 13 years; 14 2. Remains in good standing with the department; and 15 3. Has not been the subject of a report of child abuse 16 or neglect with any findings of maltreatment. 17 18 A family foster home that has been issued a license valid for 19 longer than 1 year must be monitored and visited as frequently 20 as one that has been issued a 1-year license. The department 21 reserves the right to reduce a licensure period to 1 year at 22 any time. 23 (k)(j) The department may not license summer day camps 24 or summer 24-hour camps. However, the department shall have 25 access to the personnel records of such facilities to ensure 26 compliance with the screening requirements. 27 Section 9. Paragraph (a) of subsection (2) of section 28 409.176, Florida Statutes, amended to read: 29 409.176 Registration of residential child-caring 30 agencies and family foster homes.-- 31 (1)(a) A residential child-caring agency or family 26 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 foster home may not receive a child for continuing full-time 2 care or custody, and a residential child-caring agency may not 3 place a child for full-time continuing care or custody in a 4 family foster home, unless it has first registered with an 5 association that is certified by a Florida statewide child 6 care organization which was in existence on January 1, 1984, 7 and which publishes, and requires compliance with, its 8 standards and files copies thereof with the department as 9 provided in paragraph (5)(b). For purposes of this section, 10 such an association shall be referred to as the "qualified 11 association." 12 (b) For the purposes of this section, the terms 13 "child," "family foster home," "screening," and "residential 14 child-caring agency" are defined as provided in s. 409.175(2), 15 and the terms "personnel," "operator," and "owner" as they 16 pertain to "residential child-caring agency" are defined as 17 provided in s. 409.175. 18 (c) As used in this section, the term "facility" means 19 a residential child-caring agency or a family foster home. 20 (2)(a) Registration shall consist of annually filing 21 with the qualified association, on forms provided by the 22 qualified association, the name and address of the facility; 23 the capacity of, and the number of children being cared for 24 in, the facility; the names and addresses of the officers and 25 the board of directors or other governing body of the 26 organization, if applicable; the name of the officer or person 27 in charge of the facility; and proof that the facility is in 28 compliance with the minimum fire, health, sanitary, and safety 29 standards required by applicable state law or local ordinance, 30 and the uniform fire safety standards required by chapter 633, 31 and in compliance with the requirements for screening of 27 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 personnel in s. 409.175 and chapter 435. A separate 2 registration form shall be filed for each such facility. 3 (b) As part of the registration application, each 4 child-caring agency and each family foster home shall annually 5 provide to the qualified association the names and ages of 6 children being cared for in the facility; the names of 7 children who have been received from out of state or who have 8 been sent out of state during the past calendar year; the 9 names of children who have left the facility during the past 10 year, the lengths of their stays, and the nature of the 11 placements; the names of all personnel; and proof that the 12 facility is in compliance with published minimum standards 13 that are filed with the department under the provisions of 14 paragraph (5)(b). The agency shall also attest to the good 15 moral character of the personnel of the facility by providing 16 proof of compliance with the screening requirements of s. 17 409.175 and chapter 435 and provide the name of any member of 18 the staff having a prior felony conviction. 19 (c) Upon verification that all requirements for 20 registration have been met, the qualified association shall 21 issue without charge a certificate of registration valid for 1 22 year. 23 Section 10. Section 435.045, Florida Statutes, is 24 amended to read: 25 435.045 Requirements for placement of dependent 26 children prospective foster or adoptive parents.-- 27 (1)(a) Unless an election provided for in subsection 28 (2) is made with respect to the state, the department is 29 authorized toshall conduct criminal records checks equivalent 30 to the level 2 screening required in s. 435.04(1) for any 31 person being considered by the department for placement of a 28 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 child subject to a placement decision pursuant to ch. 39, 2 Florida Statutes. prospective foster or adoptive parent before 3 the foster or adoptive parent may be finally approved for 4 placement of a child on whose behalf foster care maintenance 5 payments or adoption assistance payments under s. 471 of the 6 Social Security Act, 42 U.S.C. s. 671, are to be made. 7 Approval shall not be granted: 8 1. In any case in which a record check reveals a 9 felony conviction for child abuse, abandonment, or neglect; 10 for spousal abuse; for a crime against children, including 11 child pornography, or for a crime involving violence, 12 including rape, sexual assault, or homicide but not including 13 other physical assault or battery, if the department finds 14 that a court of competent jurisdiction has determined that the 15 felony was committed at any time; and 16 2. In any case in which a record check reveals a 17 felony conviction for physical assault, battery, or a 18 drug-related offense, if the department finds that a court of 19 competent jurisdiction has determined that the felony was 20 committed within the past 5 years. 21 (b) Notwithstanding paragraph (a), the department may 22 place a child in a foster home which otherwise meets licensing 23 requirements if state and local criminal records checks do not 24 disqualify the applicant and the department has submitted 25 fingerprint information to the Florida Department of Law 26 Enforcement for forwarding to the Federal Bureau of 27 Investigation and is awaiting the results of the federal 28 criminal records check. 29 (c) Prospective and approved foster parents must 30 disclose to the department any prior or pending local, state, 31 or federal criminal proceedings in which they are or have been 29 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 involved. 2 (2) For purposes of this section, and ss. 39.401(3) 3 and 39.521(1)(d), the department and its authorized agents or 4 contract providers are hereby designated a criminal justice 5 agency for the purposes of accessing criminal justice 6 information, including National Crime Information Center 7 information, to be used for enforcing Florida's laws 8 concerning the crimes of child abuse, abandonment, and 9 neglect. This information shall be used solely for purposes 10 supporting the detection, apprehension, prosecution, pretrial 11 release, posttrial release, or rehabilitation of criminal 12 offenders or persons accused of the crimes of child abuse, 13 abandonment, or neglect and shall not be further disseminated 14 or used for any other purposes. 15 (3) Subsection (2) shall not apply if the Governor has 16 notified the Secretary of the United States Department of 17 Health and Human Services in writing that the state has 18 elected to make subsection (2) inapplicable to the state, or 19 if the Legislature, by law, has elected to make subsection (2) 20 inapplicable to the state. 21 Section 11. Section 784.081, Florida Statutes, is 22 amended to read: 23 784.081 Assault or battery on specified officials or 24 employees; reclassification of offenses.--Whenever a person is 25 charged with committing an assault or aggravated assault or a 26 battery or aggravated battery upon any elected official or 27 employee of: a school district; a private school; the Florida 28 School for the Deaf and the Blind; a university developmental 29 research school; a state university or any other entity of the 30 state system of public education, as defined in s. 228.041; or 31 an employee or protective investigator of the Department of 30 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 Children and Family Services; or an employee of a lead 2 community-based provider and its direct service contract 3 providers, when the person committing the offense knows or has 4 reason to know the identity or position or employment of the 5 victim, the offense for which the person is charged shall be 6 reclassified as follows: 7 (1) In the case of aggravated battery, from a felony 8 of the second degree to a felony of the first degree. 9 (2) In the case of aggravated assault, from a felony 10 of the third degree to a felony of the second degree. 11 (3) In the case of battery, from a misdemeanor of the 12 first degree to a felony of the third degree. 13 (4) In the case of assault, from a misdemeanor of the 14 second degree to a misdemeanor of the first degree. 15 Section 12. Status report on the child protection 16 program.-- 17 (1) The Office of Program Policy Analysis and 18 Government Accountability shall provide the Legislature with a 19 report on the status of the child protection program. The 20 report shall be submitted to the Governor, the Speaker of the 21 House of Representatives, the President of the Senate, the 22 minority leaders of each house of the Legislature, and the 23 appropriate substantive committees of each house of the 24 Legislature, no later than February 1, 2002. 25 (2) The status report shall contain, at a minimum: 26 (a) The most current statistical information from the 27 abuse hotline. 28 (b) The most current data on the number of abuse and 29 neglect cases that are not closed within 60 days, by district. 30 (c) Reasons cases are not closed, by district. 31 (d) The turnover rate of the child protective 31 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 investigator staff, by district. 2 (e) Strategies to retain child protective investigator 3 staff. 4 (f) Factors that are creating caseload increases in 5 district 7 and other districts, including strategies to 6 address these factors. 7 (g) The most current statistical information 8 concerning the number of foster homes recruited, the number of 9 additional foster homes needed, and the description of the 10 department's effort to recruit foster homes. 11 (h) The department's progress in implementing the 12 HomeSafeNet information system. 13 (i) The progress made in implementing the 14 recommendations of the Office of Program Policy Analysis and 15 Government Accountability in the March 2001 justification 16 review of the child protection program. 17 Section 13. This act shall take effect July 1, 2001. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 On page 1, line 2 after the semicolon, through page 2, 23 line 31 24 remove from the title of the bill: all said lines 25 26 and insert in lieu thereof: 27 amending s. 20.19, F.S.; modifying the 28 authority for lead agencies to provide 29 services; amending s. 39.402, F.S.; requiring 30 department recommend visitation schedule; 31 requiring department provide information 32 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 regarding services and providing that 2 participation in services not be considered 3 admission of allegations; amending s. 39.521, 4 F.S., relating to disposition hearings; 5 providing that certain children must be 6 assessed for placement and placed in licensed 7 residential group care; requiring results of an 8 assessment to be reviewed by the court; 9 requiring certain residential group care 10 facilities to establish permanency teams; 11 requiring that the Department of Children and 12 Family Services report to the Legislature each 13 year on the number of children placed in 14 residential group care and the number of 15 children for whom placement was unavailable; 16 amending s. 409.1671, F.S.; redefining the term 17 "related services"; providing for a plan to be 18 used as an alternative to procuring foster care 19 services through an eligible lead 20 community-based provider; creating s. 409.1676, 21 F.S.; providing for comprehensive residential 22 services to children who have extraordinary 23 needs; defining terms; providing for the 24 Department of Children and Family Services to 25 contract with specified entities for such 26 services; specifying duties of the contracting 27 entity; providing legal authority of the 28 contracting entity to authorize specified 29 activities for children served; prescribing 30 departmental duties; creating s. 409.1677, 31 F.S.; providing for model comprehensive 33 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 residential services programs in specified 2 counties; defining terms; providing for the 3 programs to be established through contracts 4 between the department and specified entities; 5 prescribing the content of each model program; 6 establishing responsibilities of the 7 contracting private entity; providing legal 8 authority of the contracting private entity to 9 authorize certain activities for children 10 served; prescribing departmental duties; 11 creating s. 409.1679, F.S.; prescribing 12 additional requirements for the programs 13 established under ss. 409.1676, 409.1677, F.S., 14 including requirements relating to 15 reimbursement methodology and program 16 evaluation; requiring the department to provide 17 progress reports to the Legislature; amending 18 s. 409.175, F.S.; allowing a family foster home 19 license to be valid for an extended period in 20 specified circumstances; amending s. 409.176, 21 F.S., providing for compliance with uniform 22 fire safety standards; amending s. 435.045, 23 F.S., relating to placement of dependent 24 children, authorizing department to conduct 25 criminal records checks; amending s. 784.081, 26 F.S., relating to upgrading the seriousness of 27 the offense if a person commits an assault or a 28 battery against specified officials or 29 employees; including on the list of such 30 officials and employees an employee of a lead 31 community-based provider and its direct-service 34 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633
HOUSE AMENDMENT h1214-08 Bill No. CS for CS for SB 1214 Amendment No. ___ (for drafter's use only) 1 contract providers; requiring the Office of 2 Program Policy Analysis and Government 3 Accountability to provide the Legislature with 4 a report on the status of the child protection 5 program; providing an effective date. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 35 File original & 9 copies 04/25/01 hbd0007 09:18 am 01214-0056-483633