Senate Bill sb1214c1

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    Florida Senate - 2001                           CS for SB 1214

    By the Committee on Children and Families; and Senator Peaden





    300-1470A-01

  1                      A bill to be entitled

  2         An act relating to foster care; amending s.

  3         20.19, F.S.; modifying the authority for lead

  4         agencies to provide services; amending s.

  5         39.521, F.S., relating to disposition hearings;

  6         providing that certain children must be placed

  7         in licensed residential care and must remain

  8         there unless a court determines that it is not

  9         in the child's best interest; requiring that

10         the Department of Children and Family Services

11         report to the Legislature each year on the

12         number of children placed in residential group

13         care and the number of children for whom

14         placement was unavailable; amending s.

15         409.1671, F.S.; redefining the term "related

16         services"; providing for a plan to be used as

17         an alternative to procuring foster care

18         services through an eligible lead

19         community-based provider; creating s. 409.1676,

20         F.S.; providing for comprehensive residential

21         services to children who have extraordinary

22         needs; defining terms; providing for the

23         Department of Children and Family Services to

24         contract with specified entities for such

25         services; specifying duties of the contracting

26         entity; providing legal authority of the

27         contracting entity to authorize specified

28         activities for children served; prescribing

29         departmental duties; creating s. 409.1677,

30         F.S.; providing for model comprehensive

31         residential services programs in specified

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  1         counties; defining terms; providing for the

  2         programs to be established through contracts

  3         between the department and specified entities;

  4         prescribing the content of each model program;

  5         establishing responsibilities of the

  6         contracting private entity; providing legal

  7         authority of the contracting private entity to

  8         authorize certain activities for children

  9         served; prescribing departmental duties;

10         creating s. 409.1679, F.S.; prescribing

11         additional requirements for the programs

12         established under ss. 409.1676, 409.1677, F.S.,

13         including requirements relating to

14         reimbursement methodology and program

15         evaluation; requiring the department to provide

16         progress reports to the Legislature; amending

17         s. 409.175, F.S.; allowing a family foster home

18         license to be valid for an extended period in

19         specified circumstances; amending s. 784.081,

20         F.S., relating to upgrading the seriousness of

21         the offense if a person commits an assault or a

22         battery against specified officials or

23         employees; including on the list of such

24         officials and employees an employee of a lead

25         community-based provider and its direct-service

26         contract providers; providing an effective

27         date.

28

29  Be It Enacted by the Legislature of the State of Florida:

30

31

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  1         Section 1.  Paragraph (c) of subsection (7) of section

  2  20.19, Florida Statutes, is amended to read:

  3         20.19  Department of Children and Family

  4  Services.--There is created a Department of Children and

  5  Family Services.

  6         (7)  PROTOTYPE REGION.--

  7         (c)  The department is authorized to contract for

  8  children's services with a lead agency in each county of the

  9  prototype area, except that the lead agency contract may cover

10  more than one county when it is determined that such coverage

11  will provide more effective or efficient services. The duties

12  of the lead agency shall include, but not necessarily be

13  limited to:

14         1.  Directing and coordinating the program and

15  children's services within the scope of its contract.

16         2.  Providing or contracting for the provision of core

17  services, including intake and eligibility, assessment,

18  service planning, and case management. However, a lead agency

19  may obtain approval from the department to provide core

20  services, including intake and eligibility, assessment,

21  service planning, and case management, upon a finding by the

22  department that such lead agency is the only appropriate

23  organization within the service district capable of providing

24  such service or services within the department's quality

25  assurance and performance standards.

26         3.  Creating a service provider network capable of

27  delivering the services contained in client service plans,

28  which shall include identifying the necessary services, the

29  necessary volume of services, and possible utilization

30  patterns and negotiating rates and expectations with

31  providers.

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  1         4.  Managing and monitoring of provider contracts and

  2  subcontracts.

  3         5.  Developing and implementing an effective bill

  4  payment mechanism to ensure all providers are paid in a timely

  5  fashion.

  6         6.  Providing or arranging for administrative services

  7  necessary to support service delivery.

  8         7.  Utilizing departmentally approved training and

  9  meeting departmentally defined credentials and standards.

10         8.  Providing for performance measurement in accordance

11  with the department's quality assurance program and providing

12  for quality improvement and performance measurement.

13         9.  Developing and maintaining effective interagency

14  collaboration to optimize service delivery.

15         10.  Ensuring that all federal and state reporting

16  requirements are met.

17         11.  Operating a consumer complaint and grievance

18  process.

19         12.  Ensuring that services are coordinated and not

20  duplicated with other major payors, such as the local schools

21  and Medicaid.

22         13.  Any other duties or responsibilities defined in s.

23  409.1671 related to community-based care.

24         Section 2.  Present subsections (5), (6), and (7) of

25  section 39.521, Florida Statutes, are redesignated as

26  subsections (6), (7), and (8), respectively, and a new

27  subsection (5) is added to that section, to read:

28         39.521  Disposition hearings; powers of disposition.--

29         (5)(a)  Except as provided in s. 39.407, any child 8

30  years of age or older who has been in licensed family foster

31  care for 6 months or longer and who is then moved more than

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  1  once must be assessed for placement in licensed residential

  2  group care. This assessment procedure shall be led by the

  3  child's assigned case worker and shall incorporate current and

  4  historical information from any psychological testing or

  5  evaluation that has occurred; from the guardian ad litem, if

  6  one has been assigned; and from any current therapist,

  7  teacher, or other professional who has knowledge of the child

  8  and has worked with the child; and shall include information

  9  concerning the availability of suitable residential group

10  care. If such placement is determined to be appropriate as a

11  result of this procedure, the child must be placed in

12  residential group care and the child must remain in

13  residential group care unless the court determines that

14  continued placement is not in the child's best interest. If it

15  is determined as a result of this procedure that such

16  placement is inappropriate, the assigned case worker must

17  submit specific justification in writing to the court for

18  review at the next scheduled hearing.

19         (b)  By December 1 of each year, the department shall

20  report to the Legislature on the placement of children in

21  licensed residential group care during the year, including the

22  criteria used to determine the placement of children, the

23  number of children who were assessed for placement, the number

24  of children who were placed based upon the assessment, and the

25  number of children who were not placed. The department shall

26  maintain data specifying the number of children who were

27  referred to licensed residential child care for whom placement

28  was unavailable and the counties in which such placement was

29  unavailable. The department shall include this data in its

30  report to the Legislature due on December 1 so that the

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  1  Legislature may consider this information in developing the

  2  General Appropriations Act.

  3         Section 3.  Subsection (1) of section 409.1671, Florida

  4  Statutes, is amended to read:

  5         409.1671  Foster care and related services;

  6  privatization.--

  7         (1)(a)  It is the intent of the Legislature that the

  8  Department of Children and Family Services shall privatize the

  9  provision of foster care and related services statewide. It is

10  further the Legislature's intent to encourage communities and

11  other stakeholders in the well-being of children to

12  participate in assuring that children are safe and

13  well-nurtured. However, while recognizing that some local

14  governments are presently funding portions of certain foster

15  care and related services programs and may choose to expand

16  such funding in the future, the Legislature does not intend by

17  its privatization of foster care and related services that any

18  county, municipality, or special district be required to

19  assist in funding programs that previously have been funded by

20  the state. Nothing in this paragraph prohibits any county,

21  municipality, or special district from future voluntary

22  funding participation in foster care and related services. As

23  used in this section, the term "privatize" means to contract

24  with competent, community-based agencies. The department shall

25  submit a plan to accomplish privatization statewide, through a

26  competitive process, phased in over a 3-year period beginning

27  January 1, 2000. This plan must be developed with local

28  community participation, including, but not limited to, input

29  from community-based providers that are currently under

30  contract with the department to furnish community-based foster

31  care and related services, and must include a methodology for

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  1  determining and transferring all available funds, including

  2  federal funds that the provider is eligible for and agrees to

  3  earn and that portion of general revenue funds which is

  4  currently associated with the services that are being

  5  furnished under contract. The methodology must provide for the

  6  transfer of funds appropriated and budgeted for all services

  7  and programs that have been incorporated into the project,

  8  including all management, capital (including current furniture

  9  and equipment), and administrative funds to accomplish the

10  transfer of these programs. This methodology must address

11  expected workload and at least the 3 previous years'

12  experience in expenses and workload. With respect to any

13  district or portion of a district in which privatization

14  cannot be accomplished within the 3-year timeframe, the

15  department must clearly state in its plan the reasons the

16  timeframe cannot be met and the efforts that should be made to

17  remediate the obstacles, which may include alternatives to

18  total privatization, such as public-private partnerships. As

19  used in this section, the term "related services" includes,

20  but is not limited to, means family preservation, independent

21  living, emergency shelter, residential group care, foster

22  care, therapeutic foster care, intensive residential

23  treatment, foster care supervision, case management,

24  postplacement supervision, permanent foster care, and family

25  reunification. Unless otherwise provided for, beginning in

26  fiscal year 1999-2000, either the state attorney or the Office

27  of the Attorney General shall provide child welfare legal

28  services, pursuant to chapter 39 and other relevant

29  provisions, in Sarasota, Pinellas, Pasco, Broward, and Manatee

30  Counties.  Such legal services shall commence and be

31  effective, as soon as determined reasonably feasible by the

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  1  respective state attorney or the Office of the Attorney

  2  General, after the privatization of associated programs and

  3  child protective investigations has occurred.  When a private

  4  nonprofit agency has received case management

  5  responsibilities, transferred from the state under this

  6  section, for a child who is sheltered or found to be dependent

  7  and who is assigned to the care of the privatization project,

  8  the agency may act as the child's guardian for the purpose of

  9  registering the child in school if a parent or guardian of the

10  child is unavailable and his or her whereabouts cannot

11  reasonably be ascertained. The private nonprofit agency may

12  also seek emergency medical attention for such a child, but

13  only if a parent or guardian of the child is unavailable, his

14  or her whereabouts cannot reasonably be ascertained, and a

15  court order for such emergency medical services cannot be

16  obtained because of the severity of the emergency or because

17  it is after normal working hours. However, the provider may

18  not consent to sterilization, abortion, or termination of life

19  support. If a child's parents' rights have been terminated,

20  the nonprofit agency shall act as guardian of the child in all

21  circumstances.

22         (b)  As used in this section, the term "eligible lead

23  community-based provider" means a single agency with which the

24  department shall contract for the provision of child

25  protective services in a community that is no smaller than a

26  county. The secretary of the department may authorize more

27  than one eligible lead community-based provider within a

28  single county when to do so will result in more effective

29  delivery of foster care and related services. To compete for a

30  privatization project, such agency must have:

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  1         1.  The ability to coordinate, integrate, and manage

  2  all child protective services in the designated community in

  3  cooperation with child protective investigations.

  4         2.  The ability to ensure continuity of care from entry

  5  to exit for all children referred from the protective

  6  investigation and court systems.

  7         3.  The ability to provide directly, or contract for

  8  through a local network of providers, all necessary child

  9  protective services.

10         4.  The willingness to accept accountability for

11  meeting the outcomes and performance standards related to

12  child protective services established by the Legislature and

13  the Federal Government.

14         5.  The capability and the willingness to serve all

15  children referred to it from the protective investigation and

16  court systems, regardless of the level of funding allocated to

17  the community by the state, provided all related funding is

18  transferred.

19         6.  The willingness to ensure that each individual who

20  provides child protective services completes the training

21  required of child protective service workers by the Department

22  of Children and Family Services.

23         7.  The ability to maintain eligibility to receive all

24  federal child welfare funds, including Title IV-E and IV-A

25  funds, currently being used by the Department of Children and

26  Family Services.

27         (c)1.  If attempts to competitively procure services

28  through an eligible lead community-based provider as defined

29  in paragraph (b) do not produce a capable and willing agency,

30  the department shall develop a plan in collaboration with the

31  local community alliance. The plan must detail how the

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  1  community will continue to implement privatization through

  2  competitively procuring either the specific components of

  3  foster care and related services or comprehensive services for

  4  defined eligible populations of children and families from

  5  qualified licensed agencies as part of its efforts to develop

  6  the local capacity for a community-based system of coordinated

  7  care. The plan must ensure local control over the management

  8  and administration of the service provision in accordance with

  9  the intent of this section and may include recognized best

10  business practices, including some form of public or private

11  partnerships. In the absence of a community alliance, the plan

12  must be submitted to the President of the Senate and the

13  Speaker of the House of Representatives for their comments.

14         2.1.  The Legislature finds that the state has

15  traditionally provided foster care services to children who

16  have been the responsibility of the state. As such, foster

17  children have not had the right to recover for injuries beyond

18  the limitations specified in s. 768.28. The Legislature has

19  determined that foster care and related services need to be

20  privatized pursuant to this section and that the provision of

21  such services is of paramount importance to the state. The

22  purpose for such privatization is to increase the level of

23  safety, security, and stability of children who are or become

24  the responsibility of the state. One of the components

25  necessary to secure a safe and stable environment for such

26  children is that private providers maintain liability

27  insurance. As such, insurance needs to be available and remain

28  available to nongovernmental foster care and related services

29  providers without the resources of such providers being

30  significantly reduced by the cost of maintaining such

31  insurance.

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  1         3.2.  The Legislature further finds that, by requiring

  2  the following minimum levels of insurance, children in

  3  privatized foster care and related services will gain

  4  increased protection and rights of recovery in the event of

  5  injury than provided for in s. 768.28.

  6         (d)  Other than an entity to which s. 768.28 applies,

  7  any eligible lead community-based provider, as defined in

  8  paragraph (b), or its employees or officers, except as

  9  otherwise provided in paragraph (e), must, as a part of its

10  contract, obtain a minimum of $1 million per claim/$3 million

11  per incident in general liability insurance coverage. In any

12  tort action brought against such an eligible lead

13  community-based provider, net economic damages shall be

14  limited to $1 million per claim, including, but not limited

15  to, past and future medical expenses, wage loss, and loss of

16  earning capacity, offset by any collateral source payment paid

17  or payable. In any tort action brought against such an

18  eligible lead community-based provider, noneconomic damages

19  shall be limited to $200,000 per claim. A claims bill may be

20  brought on behalf of a claimant pursuant to s. 768.28 for any

21  amount exceeding the limits specified in this paragraph. Any

22  offset of collateral source payments made as of the date of

23  the settlement or judgment shall be in accordance with s.

24  768.76. The lead community-based provider shall not be liable

25  in tort for the acts or omissions of its subcontractors or the

26  officers, agents, or employees of its subcontractors.

27         (e)  The liability of an eligible lead community-based

28  provider described in this section shall be exclusive and in

29  place of all other liability of such provider. The same

30  immunities from liability enjoyed by such providers shall

31  extend as well to each employee of the provider when such

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  1  employee is acting in furtherance of the provider's business.

  2  Such immunities shall not be applicable to a provider or an

  3  employee who acts in a culpably negligent manner or with

  4  willful and wanton disregard or unprovoked physical aggression

  5  when such acts result in injury or death or such acts

  6  proximately cause such injury or death; nor shall such

  7  immunities be applicable to employees of the same provider

  8  when each is operating in the furtherance of the provider's

  9  business, but they are assigned primarily to unrelated works

10  within private or public employment. The same immunity

11  provisions enjoyed by a provider shall also apply to any sole

12  proprietor, partner, corporate officer or director,

13  supervisor, or other person who in the course and scope of his

14  or her duties acts in a managerial or policymaking capacity

15  and the conduct that caused the alleged injury arose within

16  the course and scope of those managerial or policymaking

17  duties. Culpable negligence is defined as reckless

18  indifference or grossly careless disregard of human life.

19         (f)  Any subcontractor of an eligible lead

20  community-based provider, as defined in paragraph (b), which

21  is a direct provider of foster care and related services to

22  children and families, and its employees or officers, except

23  as 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 subcontractor, net economic

27  damages shall be limited to $1 million per claim, including,

28  but not limited to, past and future medical expenses, wage

29  loss, and loss of earning capacity, offset by any collateral

30  source payment paid or payable. In any tort action brought

31  against such subcontractor, noneconomic damages shall be

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  1  limited to $200,000 per claim. A claims bill may be brought on

  2  behalf of a claimant pursuant to s. 768.28 for any amount

  3  exceeding the limits specified in this paragraph. Any offset

  4  of collateral source payments made as of the date of the

  5  settlement or judgment shall be in accordance with s. 768.76.

  6         (g)  The liability of a subcontractor of an eligible

  7  lead community-based provider that is a direct provider of

  8  foster care and related services as described in this section

  9  shall be exclusive and in place of all other liability of such

10  provider. The same immunities from liability enjoyed by such

11  subcontractor provider shall extend as well to each employee

12  of the subcontractor when such employee is acting in

13  furtherance of the subcontractor's business. Such immunities

14  shall not be applicable to a subcontractor or an employee who

15  acts in a culpably negligent manner or with willful and wanton

16  disregard or unprovoked physical aggression when such acts

17  result in injury or death or such acts proximately cause such

18  injury or death; nor shall such immunities be applicable to

19  employees of the same subcontractor when each is operating in

20  the furtherance of the subcontractor's business, but they are

21  assigned primarily to unrelated works within private or public

22  employment. The same immunity provisions enjoyed by a

23  subcontractor shall also apply to any sole proprietor,

24  partner, corporate officer or director, supervisor, or other

25  person who in the course and scope of his or her duties acts

26  in a managerial or policymaking capacity and the conduct that

27  caused the alleged injury arose within the course and scope of

28  those managerial or policymaking duties. Culpable negligence

29  is defined as reckless indifference or grossly careless

30  disregard of human life.

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  1         (h)  The Legislature is cognizant of the increasing

  2  costs of goods and services each year and recognizes that

  3  fixing a set amount of compensation actually has the effect of

  4  a reduction in compensation each year. Accordingly, the

  5  conditional limitations on damages in this section shall be

  6  increased at the rate of 5 percent each year, prorated from

  7  the effective date of this paragraph to the date at which

  8  damages subject to such limitations are awarded by final

  9  judgment or settlement.

10         Section 4.  Section 409.1676, Florida Statutes, is

11  created to read:

12         409.1676  Comprehensive residential services to

13  children who have extraordinary needs.--

14         (1)  It is the intent of the Legislature to provide

15  comprehensive residential services, including residential

16  care, case management, and other services, to children in the

17  child protection system who have extraordinary needs, such as

18  serious behavioral problems or having been determined to be

19  without the options of either reunification with family or

20  adoption. These services are to be provided in a residential

21  group care setting by a not-for-profit corporation or a local

22  government entity under a contract with the Department of

23  Children and Family Services or by a lead agency as described

24  in s. 409.1671. These contracts should be designed to provide

25  an identified number of children with access to a full array

26  of services for a fixed price.

27         (2)  As used in this section, the term:

28         (a)  "Residential group care" means a living

29  environment for children age 8 years of age and older who have

30  been adjudicated dependent and are expected to be in foster

31  care for at least 6 months with 24-hour-awake staff or live-in

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  1  group home parents or staff. All facilities must be

  2  appropriately licensed in this state.

  3         (b)  "Serious behavioral problems" means behaviors of

  4  children who have been assessed by a licensed master's-level

  5  human-services professional to need at a minimum intensive

  6  services but who do not meet the criteria of s. 394.492(6) or

  7  s. 394.492(7). A child with an emotional disturbance as

  8  defined in s. 394.492(5) may be served in residential group

  9  care unless a determination is made by a mental health

10  professional that such a setting is inappropriate.

11         (3)  The department, in accordance with a specific

12  appropriation for this program, shall contract with a

13  not-for-profit corporation, a local government entity, or the

14  lead agency that has been established in accordance with s.

15  409.1671 for the performance of residential group care

16  services described in this section in, at a minimum, districts

17  4, 11, 12, and the Suncoast Region of the Department of

18  Children and Family Services and with a not-for-profit entity

19  serving children from multiple districts. A lead agency that

20  is currently providing residential care may provide this

21  service directly with the approval of the local community

22  alliance. The department or a lead agency may contract for

23  more than one site in a county if that is determined to be the

24  most effective way to achieve the goals set forth in this

25  section.

26         (4)  The lead agency, the contracted not-for-profit

27  corporation, or the local government entity is responsible for

28  a comprehensive assessment, residential care, transportation,

29  behavioral health services, recreational activities, clothing,

30  supplies and miscellaneous expenses associated with caring for

31  these children, for necessary arrangement for or provision of

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  1  educational services, and for assuring necessary and

  2  appropriate health and dental care.

  3         (5)  The department may transfer all casework

  4  responsibilities for children served under this program to the

  5  entity that provides this service, including case management,

  6  development and implementation of a case plan in accordance

  7  with current standards for child protection services, and,

  8  except as provided in s. 409.1671(1)(a), all related court

  9  work. When the department establishes this program in a

10  community that has a lead agency as described in s. 409.1671,

11  the casework responsibilities must be transferred to the lead

12  agency.

13         (6)  This section does not prohibit any provider of

14  these services from appropriately billing Medicaid for

15  services rendered, from contracting with a local school

16  district for educational services, or from earning federal or

17  local funding for services provided, as long as two or more

18  funding sources do not pay for the same specific service that

19  has been provided to a child.

20         (7)  The lead agency, not-for-profit corporation, or

21  local government entity has the legal authority for children

22  served under this program, as provided in chapter 39 or this

23  chapter, as appropriate, to enroll the child in school, to

24  sign for a driver's license for the child, to co-sign loans

25  and insurance for the child, to sign for medical treatment,

26  and to authorize other such activities.

27         (8)  The department shall provide technical assistance

28  as requested and contract-management services.

29         Section 5.  Section 409.1677, Florida Statutes, is

30  created to read:

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  1         409.1677  Model comprehensive residential services

  2  programs.--

  3         (1)  As used in this section, the term:

  4         (a)  "Residential group care" means a living

  5  environment for children age 8 years and older who have been

  6  adjudicated dependent and are expected to be in foster care

  7  for a minimum of 6 months with 24-hour-awake staff or live-in

  8  group home parents or staff. All facilities must be

  9  appropriately licensed in this state.

10         (b)  "Serious behavioral problems" means behaviors of

11  children who have been assessed by a licensed master's-level

12  human services professional to need at a minimum intensive

13  services but who do not meet the criteria of s. 394.492(6) or

14  s. 394.492(7). A child with an emotional disturbance as

15  defined in s. 394.492(5) may be served in residential group

16  care unless a determination is made by a mental health

17  professional that such a setting is inappropriate.

18         (2)  The department shall establish a model

19  comprehensive residential services program in Dade County and

20  in Manatee County through a contract with the designated lead

21  agency established in accordance with s. 409.1671 or with a

22  private entity capable of providing residential group care and

23  home-based care and experienced in the delivery of a range of

24  services to foster children, if no lead agency exists. These

25  model programs are to serve that portion of eligible children

26  within each county which is specified in the contract, based

27  on funds appropriated, to include a full array of services for

28  a fixed price. The private entity or lead agency is

29  responsible for all programmatic functions necessary to carry

30  out the intent of this section.

31         (3)  Each model must include:

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  1         (a)  A focus on serving the full range of children in

  2  foster care, including those who have specialized needs, such

  3  as children who are unlikely to be reunited with their

  4  families or placed in adoptive homes; sibling groups; children

  5  who have serious behavioral problems; and children who are

  6  victims of sexual abuse.

  7         (b)  For each child who is in care, the provision of or

  8  arrangements for a comprehensive assessment; residential care;

  9  transportation; behavioral health services; recreational

10  activities; clothing, supplies, and miscellaneous expenses

11  associated with caring for these children; educational

12  services; necessary and appropriate health and dental care;

13  legal services; and aftercare services.

14         (c)  A commitment and ability to find and use

15  innovative approaches to address the problems in the

16  traditional foster care system, such as high caregiver

17  turnover, disrupted and multiple placements, runaway behavior,

18  and abusive or nontherapeutic care.

19         (d)  The provision of a full range of residential

20  services tailored to the individual needs of each child in

21  care, including group homes for initial assessment and for

22  stabilization; professional and traditional foster homes;

23  residential group care provided in a setting that is homelike

24  and provides care in residences housing no more than 12

25  children and staffed with full-time, appropriately trained

26  house parents; and independent living apartments. The programs

27  are designed for children who must enter the foster care

28  system, but the use of placement with relatives as part of a

29  child's care is encouraged.

30         (e)  The provision of the full range of administrative

31  services necessary to operate the program.

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  1         (f)  Specific eligibility criteria established in the

  2  contract, including a "no-reject-no-eject" commitment with the

  3  described eligible children, unless the court determines that

  4  the placement is not in a child's best interest.

  5         (g)  An ability, through its trained, multidisciplinary

  6  staff, to facilitate the achievement of the permanency goals

  7  of the children who are in care.

  8         (h)  The design and utilization of a retired-volunteer

  9  mentor program that would make use of the skills of retired

10  individuals in helping to meet the needs of both the children

11  in care and their caregivers.

12         (i)  The willingness and ability to assume financial

13  risk for the care of children referred to the program under

14  the contract.

15         (j)  The willingness and ability to serve as a research

16  and teaching laboratory for departmental and community-based

17  care programs throughout the state in an effort to improve the

18  quality of foster care.

19         (4)  This section does not prohibit any provider of

20  these services from appropriately billing Medicaid for

21  services rendered, from contracting with a local school

22  district for educational services, or from earning federal or

23  local funding for services provided, as long as two or more

24  funding sources do not pay for the same specific service that

25  has been provided to a child.

26         (5)  The lead agency, not-for-profit corporation, or

27  local government entity has the legal authority for children

28  served under this program, as provided in chapter 39 or this

29  chapter, as appropriate, to enroll the child in school, to

30  sign for a driver's license for the child, to co-sign loans

31

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  1  and insurance for the child, to sign for medical treatment,

  2  and to authorize other such activities.

  3         (6)  The department shall provide technical assistance

  4  as requested and contract-management services.

  5         Section 6.  Section 409.1679, Florida Statutes, is

  6  created to read:

  7         409.1679  Additional requirements, effective date,

  8  reimbursement methodology, and evaluation.--

  9         (1)  The programs established under ss. 409.1676 and

10  409.1677 are to be operational within 6 months after those

11  sections take effect, and, beginning 1 month after this

12  section takes effect and continuing until full operation of

13  those programs is realized, the department shall provide to

14  the Legislature monthly written status reports on the progress

15  toward implementing those programs.

16         (2)  The programs established under ss. 409.1676 and

17  409.1677 must be included as part of the annual evaluation

18  currently required under s. 409.1671. With respect to these

19  specific programs and models, the annual evaluation must be

20  conducted by an independent third party and must include, by

21  specific site, the level of attainment of the targeted

22  outcomes listed in subsection (3). The evaluation of the model

23  programs must include, at a minimum, an assessment of their

24  cost-effectiveness, of their ability to successfully implement

25  the assigned program elements, and of their attainment of

26  performance standards that include legislatively established

27  standards for similar programs and other standards determined

28  jointly by the department and the providers and stated in a

29  contract.

30

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  1         (3)  Each program established under ss. 409.1676 and

  2  409.1677 must meet the following expectations, which must be

  3  included in its contracts with the department or lead agency:

  4         (a)  No more than 10 percent of the children served may

  5  move from one living environment to another, unless the child

  6  is returned to family members or is moved, in accordance with

  7  the treatment plan, to a less-restrictive setting. Each child

  8  must have a comprehensive transitional plan that identifies

  9  the child's living arrangement upon leaving the program and

10  specific steps and services that are being provided to prepare

11  for that arrangement. Specific expectations as to the time

12  period necessary for the achievement of these permanency goals

13  must be included in the contract.

14         (b)  Each child must receive a full academic year of

15  appropriate educational instruction. No more than 10 percent

16  of the children may be in more than one academic setting in an

17  academic year, unless the child is being moved, in accordance

18  with an educational plan, to a less-restrictive setting. Each

19  child must demonstrate academic progress and must be

20  performing at grade level or at a level commensurate with a

21  valid academic assessment.

22         (c)  Siblings must be kept together in the same living

23  environment 100 percent of the time, unless that is determined

24  by the provider not to be in the children's best interest.

25  When siblings are separated in placement, the decision must be

26  reviewed and approved by the court within 30 days.

27         (d)  The program must experience a caregiver turnover

28  rate and an incidence of child runaway episodes which are at

29  least 50 percent below the rates experienced in the rest of

30  the state.

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  1         (e)  In addition to providing a comprehensive

  2  assessment, the program must provide, 100 percent of the time,

  3  any or all of the following services that are indicated

  4  through the assessment: residential care; transportation;

  5  behavioral health services; recreational activities; clothing,

  6  supplies, and miscellaneous expenses associated with caring

  7  for these children; necessary arrangements for or provision of

  8  educational services; and necessary and appropriate health and

  9  dental care.

10         (f)  The children who are served in this program must

11  be satisfied with the services and living environment.

12         (g)  The caregivers must be satisfied with the program.

13         (4)  Notwithstanding the provisions of s. 409.141, the

14  Department of Children and Family Services shall fairly and

15  reasonably reimburse the programs established under ss.

16  409.1676 and 409.1677 based on a prospective per-diem rate,

17  which must be specified annually in the General Appropriations

18  Act. Funding for these programs shall be made available from

19  resources appropriated and identified in the General

20  Appropriations Act.

21         Section 7.  Present paragraph (j) of subsection (5) of

22  section 409.175, Florida Statutes, is redesignated as

23  paragraph (k), paragraphs (h) and (i) of that subsection are

24  amended, and a new paragraph (j) is added to that subsection,

25  to read:

26         409.175  Licensure of family foster homes, residential

27  child-caring agencies, and child-placing agencies.--

28         (5)

29         (h)  Upon determination that the applicant meets the

30  state minimum licensing requirements, the department shall

31  issue a license without charge to a specific person or agency

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  1  at a specific location. A license may be issued if all the

  2  screening materials have been timely submitted; however, a

  3  license may not be issued or renewed if any person at the home

  4  or agency has failed the required screening. The license is

  5  nontransferable. A copy of the license shall be displayed in a

  6  conspicuous place. Except as provided in paragraph (j), the

  7  license is valid for 1 year from the date of issuance, unless

  8  the license is suspended or revoked by the department or is

  9  voluntarily surrendered by the licensee. The license is the

10  property of the department.

11         (i)  A license issued for the operation of a family

12  foster home or agency, unless sooner suspended, revoked, or

13  voluntarily returned, will expire automatically 1 year from

14  the date of issuance except as provided in paragraph (j).

15  Ninety days prior to the expiration date, an application for

16  renewal shall be submitted to the department by a licensee who

17  wishes to have the license renewed.  A license shall be

18  renewed upon the filing of an application on forms furnished

19  by the department if the applicant has first met the

20  requirements established under this section and the rules

21  promulgated hereunder.

22         (j)  The department may issue a license that is valid

23  for longer than 1 year but no longer than 3 years to a family

24  foster home that:

25         1.  Has maintained a license with the department as a

26  family foster home for at least the 3 previous consecutive

27  years;

28         2.  Remains in good standing with the department; and

29         3.  Has not been the subject of a report of child abuse

30  or neglect with any findings of maltreatment.

31

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  1  A family foster home that has been issued a license valid for

  2  longer than 1 year must be monitored and visited as frequently

  3  as one that has been issued a 1-year license. The department

  4  reserves the right to reduce a licensure period to 1 year at

  5  any time.

  6         (k)(j)  The department may not license summer day camps

  7  or summer 24-hour camps.  However, the department shall have

  8  access to the personnel records of such facilities to ensure

  9  compliance with the screening requirements.

10         Section 8.  Section 784.081, Florida Statutes, is

11  amended to read:

12         784.081  Assault or battery on specified officials or

13  employees; reclassification of offenses.--Whenever a person is

14  charged with committing an assault or aggravated assault or a

15  battery or aggravated battery upon any elected official or

16  employee of: a school district; a private school; the Florida

17  School for the Deaf and the Blind; a university developmental

18  research school; a state university or any other entity of the

19  state system of public education, as defined in s. 228.041; or

20  an employee or protective investigator of the Department of

21  Children and Family Services; or an employee of a lead

22  community-based provider and its direct service contract

23  providers, when the person committing the offense knows or has

24  reason to know the identity or position or employment of the

25  victim, the offense for which the person is charged shall be

26  reclassified as follows:

27         (1)  In the case of aggravated battery, from a felony

28  of the second degree to a felony of the first degree.

29         (2)  In the case of aggravated assault, from a felony

30  of the third degree to a felony of the second degree.

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  1         (3)  In the case of battery, from a misdemeanor of the

  2  first degree to a felony of the third degree.

  3         (4)  In the case of assault, from a misdemeanor of the

  4  second degree to a misdemeanor of the first degree.

  5         Section 9.  This act shall take effect July 1, 2001.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         Senate Bill 1214

  9

10  Requires that an assessment be conducted prior to the
    placement in licensed residential group care of a child 8
11  years of age or older who has been in family foster care for
    at least 6 months and is moved in care more than once, and
12  that written justification be sent to the court if the
    placement is not appropriate. Requires a report to the
13  Legislature by December 1 of each year.

14  Specifies that a child with an emotional disturbance may be
    served in residential group care unless a determination is
15  made by a mental health professional that such setting is not
    appropriate.
16
    States that the model comprehensive residential services
17  programs be fairly and reasonably reimbursed rather than fully
    reimbursed.
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