Senate Bill sb0632

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    Florida Senate - 2002                                   SB 632

    By Senator Peaden





    1-327E-02

  1                      A bill to be entitled

  2         An act relating to residential group care;

  3         repealing s. 39.521(5), F.S., relating to the

  4         mandatory assessment of specified children for

  5         placement in licensed residential group care;

  6         creating s. 39.523, F.S.; prescribing

  7         procedures for the mandatory assessment of

  8         certain children for placement in licensed

  9         residential group care; providing for reports;

10         providing for a residential group care

11         appropriations category in the General

12         Appropriations Act; specifying that the release

13         of certain funds is contingent on the approval

14         of a spending plan; prescribing elements of the

15         plan; authorizing one-time startup funding;

16         amending s. 409.1671, F.S.; specifying

17         timeframes for initiating and for completing

18         privatization of foster care and related

19         services; providing for the establishment of a

20         model comprehensive residential services

21         program in specified counties; requiring

22         community-based providers and subcontractors to

23         obtain automobile insurance coverage; providing

24         certain immunity from liability when

25         transporting clients in privately owned

26         automobiles; directing the Department of

27         Children and Family Services to adopt written

28         policies and procedures for contract monitoring

29         of community-based providers; modifying the

30         requirement for community-based providers to

31         furnish information to the department;

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  1         modifying the conditions under which a provider

  2         may close a case; eliminating the authority for

  3         a risk pool; requiring the development of a

  4         proposal for a shared-earnings program;

  5         providing direction for the development of the

  6         proposal; providing for submission of the

  7         proposal to the Legislative Budget Commission

  8         and for submission to the Legislature under

  9         certain conditions; expanding the program

10         relating to excess federal earnings and certain

11         additional state funds to additional entities;

12         eliminating a specified expiration for this

13         program; eliminating an obsolete review

14         requirement; amending s. 409.1676, F.S.;

15         removing a reference to specific districts and

16         regions of the department; amending s. 409.906,

17         F.S.; expanding the authority for the

18         establishment of child welfare targeted case

19         management projects; eliminating reference to a

20         pilot project; eliminating the requirement to

21         report to the Child Welfare Estimating

22         Conference regarding targeted case management;

23         directing the department, in consultation with

24         the Agency for Health Care Administration, to

25         conduct a review of the process for placing

26         children for residential mental health

27         treatment; providing for a report to the

28         Governor and Legislature; providing an

29         effective date.

30

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

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  1         Section 1.  Subsection (5) of section 39.521, Florida

  2  Statutes, is repealed.

  3         Section 2.  Section 39.523, Florida Statutes, is

  4  created to read:

  5         39.523  Placement in residential group care.--

  6         (1)  Except as provided in s. 39.407, any child 11

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

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

  9  once must be assessed for placement in licensed residential

10  group care. The assessment procedures shall be conducted by

11  the department or its agent and shall incorporate and address

12  current and historical information from any psychological

13  testing or evaluation that has occurred; current and

14  historical information from the guardian ad litem, if one has

15  been assigned; current and historical information from any

16  current therapist, teacher, or other professional who has

17  knowledge of the child and has worked with the child;

18  information regarding the placement of any siblings of the

19  child and the impact of the child's placement in residential

20  group care on the child's siblings; the circumstances

21  necessitating the moves of the child while in family foster

22  care and the recommendations of the former foster families, if

23  available; the status of the child's case plan and a

24  determination as to the impact of placing the child in

25  residential group care on the goals of the case plan; the age,

26  maturity, and desires of the child concerning placement; the

27  availability of any less restrictive, more family-like setting

28  for the child in which the foster parents have the necessary

29  training and skills for providing a suitable placement for the

30  child; and any other information concerning the availability

31  of suitable residential group care. If such placement is

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  1  determined to be appropriate as a result of this procedure,

  2  the child must be placed in residential group care, if

  3  available.

  4         (2)  The results of the assessment described in

  5  subsection (1) and the actions taken as a result of the

  6  assessment must be included in the next judicial review of the

  7  child. At each subsequent judicial review, the court must be

  8  advised in writing of the status of the child's placement,

  9  with special reference regarding the stability of the

10  placement and the permanency planning for the child.

11         (3)  Any residential group care facility that receives

12  children under the provisions of this subsection shall

13  establish special permanency teams dedicated to overcoming the

14  special permanency challenges presented by this population of

15  children. Each facility shall report to the department its

16  success in achieving permanency for children placed by the

17  department in its care at intervals that allow the current

18  information to be provided to the court at each judicial

19  review for the child.

20         (4)  This subsection does not prohibit the department

21  from assessing and placing children who do not meet the

22  criteria in subsection (1) in residential group care if such

23  placement is the most appropriate placement for such children.

24         (5)(a)  By December 1 of each year, the department

25  shall report to the Legislature on the placement of children

26  in licensed residential group care during the year, including

27  the criteria used to determine the placement of children, the

28  number of children who were evaluated for placement, the

29  number of children who were placed based upon the evaluation,

30  and the number of children who were not placed. The department

31  shall maintain data specifying the number of children who were

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  1  referred to licensed residential child care for whom placement

  2  was unavailable and the counties in which such placement was

  3  unavailable. The department shall include this data in its

  4  report to the Legislature due on December 1, so that the

  5  Legislature may consider this information in developing the

  6  General Appropriations Act.

  7         (b)  As part of the report required in paragraph (a),

  8  the department shall also provide a detailed account of the

  9  expenditures incurred for "Special Categories: Grants and Aids

10  - Residential Group Care" for the fiscal year immediately

11  preceding the date of the report. This section of the report

12  must include whatever supporting data is necessary to

13  demonstrate full compliance with paragraph (6)(c). The

14  document must present the information by district and must

15  specify, at a minimum, the number of additional beds, the

16  average rate per bed, the number of additional persons served,

17  and a description of the enhanced and expanded services

18  provided.

19         (6)(a)  The provisions of this section shall be

20  implemented to the extent of available appropriations

21  contained in the annual General Appropriations Act for such

22  purpose.

23         (b)  Each year, funds included in the General

24  Appropriations Act for Residential Group Care shall be

25  appropriated in a separately identified special category that

26  is designated in the act as "Special Grants and Aids -

27  Residential Group Care."

28         (c)  Notwithstanding the provisions of s. 216.192(1),

29  funds appropriated to "Special Categories: Grants and Aids -

30  Residential Group Care" may not be released until the

31  department has submitted and received approval for a spending

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  1  plan that identifies the residential group care bed capacity

  2  shortage throughout the state and proposes a distribution

  3  formula by district which addresses the reported deficiencies.

  4  The spending plan must have as its first priority the

  5  reduction or elimination of any bed shortage identified and

  6  must also provide for program enhancements to assure that

  7  residential group care programs meet a minimum level of

  8  expected performance and provide for expansion of the

  9  comprehensive residential group care services described in s.

10  409.1676. Annual appropriation increases to "Special

11  Categories: Grants and Aids - Residential Group Care" must be

12  used in accordance with the provisions of the spending plan.

13         (d)  Funds from "Special Categories: Grants and Aids -

14  Residential Group Care" may be used as one-time startup

15  funding for residential group care purposes that include, but

16  are not limited to, remodeling or renovation of existing

17  facilities, construction costs, leasing costs, purchase of

18  equipment and furniture, site development, and other necessary

19  and reasonable costs associated with the startup of facilities

20  or programs only upon specific approval of the terms and

21  conditions by the secretary of the department.

22         Section 3.  Section 409.1671, Florida Statutes, is

23  amended to read:

24         409.1671  Foster care and related services;

25  privatization.--

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

27  Department of Children and Family Services shall privatize the

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

29  further the Legislature's intent to encourage communities and

30  other stakeholders in the well-being of children to

31  participate in assuring that children are safe and

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

  2  governments are presently funding portions of certain foster

  3  care and related services programs and may choose to expand

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

  5  its privatization of foster care and related services that any

  6  county, municipality, or special district be required to

  7  assist in funding programs that previously have been funded by

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

  9  municipality, or special district from future voluntary

10  funding participation in foster care and related services. As

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

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

13  submit a plan to accomplish privatization statewide, through a

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

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

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

17  from community-based providers that are currently under

18  contract with the department to furnish community-based foster

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

20  determining and transferring all available funds, including

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

22  earn and that portion of general revenue funds which is

23  currently associated with the services that are being

24  furnished under contract. The methodology must provide for the

25  transfer of funds appropriated and budgeted for all services

26  and programs that have been incorporated into the project,

27  including all management, capital (including current furniture

28  and equipment), and administrative funds to accomplish the

29  transfer of these programs. This methodology must address

30  expected workload and at least the 3 previous years'

31  experience in expenses and workload. With respect to any

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  1  district or portion of a district in which privatization

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

  3  department must clearly state in its plan the reasons the

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

  5  remediate the obstacles, which may include alternatives to

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

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

  8  but is not limited to, family preservation, independent

  9  living, emergency shelter, residential group care, foster

10  care, therapeutic foster care, intensive residential

11  treatment, foster care supervision, case management,

12  postplacement supervision, permanent foster care, and family

13  reunification. Unless otherwise provided for, beginning in

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

15  of the Attorney General shall provide child welfare legal

16  services, pursuant to chapter 39 and other relevant

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

18  Counties.  Such legal services shall commence and be

19  effective, as soon as determined reasonably feasible by the

20  respective state attorney or the Office of the Attorney

21  General, after the privatization of associated programs and

22  child protective investigations has occurred.  When a private

23  nonprofit agency has received case management

24  responsibilities, transferred from the state under this

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

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

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

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

29  child is unavailable and his or her whereabouts cannot

30  reasonably be ascertained. The private nonprofit agency may

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

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

  2  or her whereabouts cannot reasonably be ascertained, and a

  3  court order for such emergency medical services cannot be

  4  obtained because of the severity of the emergency or because

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

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

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

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

  9  circumstances.

10         (b)  It is the intent of the Legislature that the

11  department will continue to work towards full privatization by

12  initiating the competitive-procurement process in each county

13  by January 1, 2003. In order to provide for an adequate

14  transition period to develop the necessary administrative and

15  service-delivery capacity in each community, the full transfer

16  of all foster care and related services must be completed

17  statewide by December 31, 2004.

18         (c)  In any county in which the full transfer is not

19  accomplished by December 31, 2004, the department shall put in

20  place a model comprehensive residential services program as

21  described in s. 409.1677.

22         1.  The department must begin the process of

23  establishing the program in any county in which the department

24  has not entered into a transition contract for community-based

25  care by December 31, 2003, in order to assure that the program

26  is operational by December 31, 2004.

27         2.  The program must be procured through a competitive

28  process.

29         3.  To the extent possible, agencies that the

30  department believes have the potential to become lead agencies

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  1  shall be given priority in the establishment of a model

  2  program as a transition toward full community-based care.

  3         4.  The Legislature does not intend for the provisions

  4  of this paragraph to substitute for the requirement that full

  5  conversion to community-based care be accomplished.

  6         (d)(b)  As used in this section, the term "eligible

  7  lead community-based provider" means a single agency with

  8  which the 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

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

  2  transferred.

  3         6.  The willingness to ensure that each individual who

  4  provides child protective services completes the training

  5  required of child protective service workers by the Department

  6  of Children and Family Services.

  7         7.  The ability to maintain eligibility to receive all

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

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

10  Family Services.

11         (e)(c)1.  If attempts to competitively procure services

12  through an eligible lead community-based provider as defined

13  in paragraph (d)(b) do not produce a capable and willing

14  agency, the department shall develop a plan in collaboration

15  with the local community alliance. The plan must detail how

16  the community will continue to implement privatization through

17  competitively procuring either the specific components of

18  foster care and related services or comprehensive services for

19  defined eligible populations of children and families from

20  qualified licensed agencies as part of its efforts to develop

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

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

23  and administration of the service provision in accordance with

24  the intent of this section and may include recognized best

25  business practices, including some form of public or private

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

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

28  Speaker of the House of Representatives for their comments.

29         2.  The Legislature finds that the state has

30  traditionally provided foster care services to children who

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

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

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

  3  determined that foster care and related services need to be

  4  privatized pursuant to this section and that the provision of

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

  6  purpose for such privatization is to increase the level of

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

  8  the responsibility of the state. One of the components

  9  necessary to secure a safe and stable environment for such

10  children is that private providers maintain liability

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

12  available to nongovernmental foster care and related services

13  providers without the resources of such providers being

14  significantly reduced by the cost of maintaining such

15  insurance.

16         3.  The Legislature further finds that, by requiring

17  the following minimum levels of insurance, children in

18  privatized foster care and related services will gain

19  increased protection and rights of recovery in the event of

20  injury than provided for in s. 768.28.

21         (f)(d)  Other than an entity to which s. 768.28

22  applies, any eligible lead community-based provider, as

23  defined in paragraph (d)(b), or its employees or officers,

24  except as otherwise provided in paragraph (g)(e), must, as a

25  part of its contract, obtain a minimum of $1 million per

26  claim/$3 million per incident in general liability insurance

27  coverage and $100,000 per claim/$300,000 per incident of

28  personal automobile insurance by those employees who meet

29  specific requirements to transport client children and

30  families in their personal automobiles specifically to

31  accomplish the contracted tasks. In any tort action brought

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  1  against such an eligible lead community-based provider or

  2  employee, net economic damages shall be limited to $1 million

  3  per liability claim and $100,000 per automobile claim,

  4  including, but not limited to, past and future medical

  5  expenses, wage loss, and loss of earning capacity, offset by

  6  any collateral source payment paid or payable. In any tort

  7  action brought against such an eligible lead community-based

  8  provider, noneconomic damages shall be limited to $200,000 per

  9  claim. A claims bill may be brought on behalf of a claimant

10  pursuant to s. 768.28 for any amount exceeding the limits

11  specified in this paragraph. Any offset of collateral source

12  payments made as of the date of the settlement or judgment

13  shall be in accordance with s. 768.76. The lead

14  community-based provider shall not be liable in tort for the

15  acts or omissions of its subcontractors or the officers,

16  agents, or employees of its subcontractors.

17         (g)(e)  The liability of an eligible lead

18  community-based provider described in this section shall be

19  exclusive and in place of all other liability of such

20  provider. The same immunities from liability enjoyed by such

21  providers shall extend as well to each employee of the

22  provider when such employee is acting in furtherance of the

23  provider's business, including the transportation of clients

24  served, as described in this subsection, in privately owned

25  vehicles. Such immunities shall not be applicable to a

26  provider or an employee who acts in a culpably negligent

27  manner or with willful and wanton disregard or unprovoked

28  physical aggression when such acts result in injury or death

29  or such acts proximately cause such injury or death; nor shall

30  such immunities be applicable to employees of the same

31  provider when each is operating in the furtherance of the

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  1  provider's business, but they are assigned primarily to

  2  unrelated works within private or public employment. The same

  3  immunity provisions enjoyed by a provider shall also apply to

  4  any sole proprietor, partner, corporate officer or director,

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

  6  or her duties acts in a managerial or policymaking capacity

  7  and the conduct that caused the alleged injury arose within

  8  the course and scope of those managerial or policymaking

  9  duties. Culpable negligence is defined as reckless

10  indifference or grossly careless disregard of human life.

11         (h)(f)  Any subcontractor of an eligible lead

12  community-based provider, as defined in paragraph (d)(b),

13  which is a direct provider of foster care and related services

14  to children and families, and its employees or officers,

15  except as otherwise provided in paragraph (g)(e), must, as a

16  part of its contract, obtain a minimum of $1 million per

17  claim/$3 million per incident in general liability insurance

18  coverage and $100,000 per claim/$300,000 per incident of

19  personal automobile insurance by those employees who meet

20  specific requirements to transport client children and

21  families in their personal automobiles specifically to

22  accomplish the contracted tasks. In any tort action brought

23  against such subcontractor or employee, net economic damages

24  shall be limited to $1 million per liability claim and

25  $100,000 per automobile claim, including, but not limited to,

26  past and future medical expenses, wage loss, and loss of

27  earning capacity, offset by any collateral source payment paid

28  or payable. In any tort action brought against such

29  subcontractor, noneconomic damages shall be limited to

30  $200,000 per claim. A claims bill may be brought on behalf of

31  a claimant pursuant to s. 768.28 for any amount exceeding the

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  1  limits specified in this paragraph. Any offset of collateral

  2  source payments made as of the date of the settlement or

  3  judgment shall be in accordance with s. 768.76.

  4         (i)(g)  The liability of a subcontractor of an eligible

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

  6  foster care and related services as described in this section

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

  8  provider. The same immunities from liability enjoyed by such

  9  subcontractor provider shall extend as well to each employee

10  of the subcontractor when such employee is acting in

11  furtherance of the subcontractor's business, including the

12  transportation of clients served, as described in this

13  subsection, in privately owned vehicles. Such immunities shall

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

15  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         (j)(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         (2)(a)  The department may contract for the delivery,

11  administration, or management of protective services, the

12  services specified in subsection (1) relating to foster care,

13  and other related services or programs, as appropriate. The

14  department shall retain responsibility for the quality of

15  contracted services and programs and shall ensure that

16  services are delivered in accordance with applicable federal

17  and state statutes and regulations. The department must adopt

18  written policies and procedures for monitoring the contract

19  for delivery of services by lead community-based providers.

20  These policies and procedures must, at a minimum, address the

21  evaluation of fiscal accountability and program operations,

22  including provider achievement of performance standards,

23  provider monitoring of subcontractors, and timely followup of

24  corrective actions for significant monitoring findings related

25  to providers and subcontractors. These policies and procedures

26  must also include provisions for reducing the duplication of

27  program monitoring activities to the extent possible. The

28  department's written procedures must assure that the written

29  findings, conclusions, and recommendations from monitoring the

30  contract for services of lead community-based providers are

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  1  communicated to the director of the provider agency as

  2  expeditiously as possible.

  3         (b)  Persons employed by the department in the

  4  provision of foster care and related services whose positions

  5  are being privatized pursuant to this statute shall be given

  6  hiring preference by the provider, if provider qualifications

  7  are met.

  8         (3)(a)  In order to help ensure a seamless child

  9  protection system, the department shall ensure that contracts

10  entered into with community-based agencies pursuant to this

11  section include provisions for a case-transfer process to

12  determine the date that the community-based agency will

13  initiate the appropriate services for a child and family. This

14  case-transfer process must clearly identify the closure of the

15  protective investigation and the initiation of service

16  provision. At the point of case transfer, and at the

17  conclusion of an investigation, the department must provide a

18  complete summary of the findings of the investigation to the

19  community-based agency.

20         (b)  The contracts must also ensure that each

21  community-based agency shall furnish information on its

22  activities in all cases in client case records regular status

23  reports of its cases to the department as specified in the

24  contract. A provider may not discontinue services on any

25  voluntary case without prior written notification to the

26  department 30 days before planned case closure. If the

27  department disagrees with the recommended case closure,

28  written notification to the provider must be provided before

29  the case-closure date. without prior written notification to

30  the department. After discontinuing services to a child or a

31  child and family, the community-based agency must provide a

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  1  written case summary, including its assessment of the child

  2  and family, to the department.

  3         (c)  The contract between the department and

  4  community-based agencies must include provisions that specify

  5  the procedures to be used by the parties to resolve

  6  differences in interpreting the contract or to resolve

  7  disputes as to the adequacy of the parties' compliance with

  8  their respective obligations under the contract.

  9         (4)(a)  The department shall establish a quality

10  assurance program for privatized services. The quality

11  assurance program shall be based on standards established by a

12  national accrediting organization such as the Council on

13  Accreditation of Services for Families and Children, Inc.

14  (COA) or CARF--the Rehabilitation Accreditation Commission.

15  The department may develop a request for proposal for such

16  oversight. This program must be developed and administered at

17  a statewide level. The Legislature intends that the department

18  be permitted to have limited flexibility to use funds for

19  improving quality assurance. To this end, effective January 1,

20  2000, the department may transfer up to 0.125 percent of the

21  total funds from categories used to pay for these

22  contractually provided services, but the total amount of such

23  transferred funds may not exceed $300,000 in any fiscal year.

24  When necessary, the department may establish, in accordance

25  with s. 216.177, additional positions that will be exclusively

26  devoted to these functions. Any positions required under this

27  paragraph may be established, notwithstanding ss.

28  216.262(1)(a) and 216.351. The department, in consultation

29  with the community-based agencies that are undertaking the

30  privatized projects, shall establish minimum thresholds for

31  each component of service, consistent with standards

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  1  established by the Legislature. Each program operated under

  2  contract with a community-based agency must be evaluated

  3  annually by the department. The department shall submit an

  4  annual report regarding quality performance, outcome measure

  5  attainment, and cost efficiency to the President of the

  6  Senate, the Speaker of the House of Representatives, the

  7  minority leader of each house of the Legislature, and the

  8  Governor no later than January 31 of each year for each

  9  project in operation during the preceding fiscal year.

10         (b)  The department shall use these findings in making

11  recommendations to the Governor and the Legislature for future

12  program and funding priorities in the child welfare system.

13         (5)(a)  The community-based agency must comply with

14  statutory requirements and agency rules in the provision of

15  contractual services. Each foster home, therapeutic foster

16  home, emergency shelter, or other placement facility operated

17  by the community-based agency or agencies must be licensed by

18  the Department of Children and Family Services under chapter

19  402 or this chapter. Each community-based agency must be

20  licensed as a child-caring or child-placing agency by the

21  department under this chapter. The department, in order to

22  eliminate or reduce the number of duplicate inspections by

23  various program offices, shall coordinate inspections required

24  pursuant to licensure of agencies under this section.

25         (b)  Substitute care providers who are licensed under

26  s. 409.175 and have contracted with a lead agency authorized

27  under this section shall also be authorized to provide

28  registered or licensed family day care under s. 402.313, if

29  consistent with federal law and if the home has met:

30         1.  The requirements of s. 402.313; and

31

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  1         2.  The requirements of s. 402.281 and has received

  2  Gold Seal Quality Care designation.

  3         (c)  A dually licensed home under this section shall be

  4  eligible to receive both the foster care board rate and the

  5  subsidized child care rate for the same child only if care is

  6  provided 24 hours a day. The subsidized child care rate shall

  7  be no more than the approved full-time rate.

  8         (6)  Beginning January 1, 1999, and continuing at least

  9  through June 30, 2000, the Department of Children and Family

10  Services shall privatize all foster care and related services

11  in district 5 while continuing to contract with the current

12  model programs in districts 1, 4, and 13, and in subdistrict

13  8A, and shall expand the subdistrict 8A pilot program to

14  incorporate Manatee County. Planning for the district 5

15  privatization shall be done by providers that are currently

16  under contract with the department for foster care and related

17  services and shall be done in consultation with the

18  department.  A lead provider of the district 5 program shall

19  be competitively selected, must demonstrate the ability to

20  provide necessary comprehensive services through a local

21  network of providers, and must meet criteria established in

22  this section. Contracts with organizations responsible for the

23  model programs must include the management and administration

24  of all privatized services specified in subsection (1).

25  However, the department may use funds for contract management

26  only after obtaining written approval from the Executive

27  Office of the Governor. The request for such approval must

28  include, but is not limited to, a statement of the proposed

29  amount of such funds and a description of the manner in which

30  such funds will be used. If the community-based organization

31  selected for a model program under this subsection is not a

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  1  Medicaid provider, the organization shall be issued a Medicaid

  2  provider number pursuant to s. 409.907 for the provision of

  3  services currently authorized under the state Medicaid plan to

  4  those children encompassed in this model and in a manner not

  5  to exceed the current level of state expenditure.

  6         (7)  The department, in consultation with existing lead

  7  agencies, shall develop a statewide proposal regarding the

  8  long-term use and structure of a shared-earnings program which

  9  addresses is authorized to establish and administer a risk

10  pool to reduce the financial risk to eligible lead

11  community-based providers resulting from unanticipated

12  caseload growth or from significant changes in client mixes or

13  services eligible for federal reimbursement. The

14  recommendations in the statewide proposal must also be

15  available to entities of the department until the conversion

16  to community-based care takes place. At a minimum, the

17  proposal must allow federal earnings received from child

18  welfare programs that are considered by the department to be

19  in excess of those required to meet the intent of the General

20  Appropriations Act to be used for specified purposes. These

21  purposes include, but are not limited to:

22         (a)  Significant changes in the number or composition

23  of clients eligible to receive services.

24         (b)  Significant changes in the services that are

25  eligible for reimbursement.

26         (c)  Significant changes in the availability of federal

27  funds.

28         (d)  Shortfalls in state funds available for eligible

29  or ineligible services.

30         (e)  Significant changes in the mix of available funds.

31

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  1         (f)  Scheduled or unanticipated, but necessary,

  2  advances to providers or other cash-flow issues.

  3         (g)  Proposals to participate in optional Medicaid

  4  services or other federal grant opportunities.

  5         (h)  Appropriate incentive structures.

  6         (i)  Continuity of care in the event of lead-agency

  7  failure, discontinuance of service, or financial misconduct.

  8

  9  The department shall further specify the necessary steps to

10  ensure the financial integrity of these dollars and their

11  continued availability on an ongoing basis. The final proposal

12  shall be submitted to the Legislative Budget Commission for

13  formal adoption before December 31, 2002. If the Legislative

14  Budget Commission refuses to concur with the adoption of the

15  proposal, the department shall present its proposal in the

16  form of recommended legislation to the President of the Senate

17  and the Speaker of the House of Representatives before the

18  commencement of the next legislative session.

19         (8)  Notwithstanding the provisions of s. 215.425, all

20  documented federal funds earned for the current fiscal year by

21  the department and community-based agencies which exceed the

22  amount appropriated by the Legislature shall be distributed to

23  all entities that contributed to the excess earnings based on

24  a schedule and methodology developed by the department and

25  approved by the Executive Office of the Governor. Distribution

26  shall be pro rata based on total earnings and shall be made

27  only to those entities that contributed to excess earnings.

28  Excess earnings of community-based agencies shall be used only

29  in the service district in which they were earned. Additional

30  state funds appropriated by the Legislature for

31  community-based agencies or made available pursuant to the

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  1  budgetary amendment process described in s. 216.177 shall be

  2  transferred to the community-based agencies. The department

  3  shall amend a community-based agency's contract to permit

  4  expenditure of the funds. The distribution program applies

  5  only to entities that were under privatization contracts as of

  6  July 1, 2002 1999. This program is authorized for a period of

  7  3 years beginning July 1, 1999, and ending June 30, 2002. The

  8  Office of Program Policy Analysis and Government

  9  Accountability shall review this program and report to the

10  President of the Senate and the Speaker of the House of

11  Representatives by December 31, 2001. The review shall assess

12  the program to determine how the additional resources were

13  used, the number of additional clients served, the

14  improvements in quality of service attained, the performance

15  outcomes associated with the additional resources, and the

16  feasibility of continuing or expanding this program.

17         (9)  Each district and subdistrict that participates in

18  the model program effort or any future privatization effort as

19  described in this section must thoroughly analyze and report

20  the complete direct and indirect costs of delivering these

21  services through the department and the full cost of

22  privatization, including the cost of monitoring and evaluating

23  the contracted services.

24         Section 4.  Section 409.1676, Florida Statutes, is

25  amended to read:

26         409.1676  Comprehensive residential group care services

27  to children who have extraordinary needs.--

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

29  comprehensive residential group care services, including

30  residential care, case management, and other services, to

31  children in the child protection system who have extraordinary

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  1  needs, such as serious behavioral problems or having been

  2  determined to be without the options of either reunification

  3  with family or adoption. These services are to be provided in

  4  a residential group care setting by a not-for-profit

  5  corporation or a local government entity under a contract with

  6  the Department of Children and Family Services or by a lead

  7  agency as described in s. 409.1671. These contracts should be

  8  designed to provide an identified number of children with

  9  access to a full array of services for a fixed price.

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

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

12  environment for children who have been adjudicated dependent

13  and are expected to be in foster care for at least 6 months

14  with 24-hour-awake staff or live-in group home parents or

15  staff. Beginning July 1, 2001, all facilities must be

16  appropriately licensed in this state, and they must be

17  accredited by July 1, 2005.

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

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

20  human-services professional to need at a minimum intensive

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

22  (7). A child with an emotional disturbance as defined in s.

23  394.492(5) may be served in residential group care unless a

24  determination is made by a mental health professional that

25  such a setting is inappropriate.

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

27  appropriation for this program, shall contract with a

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

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

30  409.1671 for the performance of residential group care

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

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  1  4, 11, 12, and the Suncoast Region of the Department of

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

  3  serving children from multiple districts. A lead agency that

  4  is currently providing residential care may provide this

  5  service directly with the approval of the local community

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

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

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

  9  section.

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

11  corporation, or the local government entity is responsible for

12  a comprehensive assessment, residential care, transportation,

13  behavioral health services, recreational activities, clothing,

14  supplies, and miscellaneous expenses associated with caring

15  for these children; for necessary arrangement for or provision

16  of educational services; and for assuring necessary and

17  appropriate health and dental care.

18         (5)  The department may transfer all casework

19  responsibilities for children served under this program to the

20  entity that provides this service, including case management

21  and development and implementation of a case plan in

22  accordance with current standards for child protection

23  services. When the department establishes this program in a

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

25  the casework responsibilities must be transferred to the lead

26  agency.

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

28  these services from appropriately billing Medicaid for

29  services rendered, from contracting with a local school

30  district for educational services, or from earning federal or

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

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

  2  has been provided to a child.

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

  4  local government entity has the legal authority for children

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

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

  7  sign for a driver's license for the child, to cosign loans and

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

  9  authorize other such activities.

10         (8)  The department shall provide technical assistance

11  as requested and contract management services.

12         (9)  The provisions of this section shall be

13  implemented to the extent of available appropriations

14  contained in the annual General Appropriations Act for such

15  purpose.

16         Section 5.  Subsection (24) of section 409.906, Florida

17  Statutes, is amended to read:

18         409.906  Optional Medicaid services.--Subject to

19  specific appropriations, the agency may make payments for

20  services which are optional to the state under Title XIX of

21  the Social Security Act and are furnished by Medicaid

22  providers to recipients who are determined to be eligible on

23  the dates on which the services were provided.  Any optional

24  service that is provided shall be provided only when medically

25  necessary and in accordance with state and federal law.

26  Optional services rendered by providers in mobile units to

27  Medicaid recipients may be restricted or prohibited by the

28  agency. Nothing in this section shall be construed to prevent

29  or limit the agency from adjusting fees, reimbursement rates,

30  lengths of stay, number of visits, or number of services, or

31  making any other adjustments necessary to comply with the

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  1  availability of moneys and any limitations or directions

  2  provided for in the General Appropriations Act or chapter 216.

  3  If necessary to safeguard the state's systems of providing

  4  services to elderly and disabled persons and subject to the

  5  notice and review provisions of s. 216.177, the Governor may

  6  direct the Agency for Health Care Administration to amend the

  7  Medicaid state plan to delete the optional Medicaid service

  8  known as "Intermediate Care Facilities for the Developmentally

  9  Disabled."  Optional services may include:

10         (24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The

11  Agency for Health Care Administration, in consultation with

12  the Department of Children and Family Services, may establish

13  a targeted case-management pilot project in those counties

14  identified by the Department of Children and Family Services

15  and for all counties with a the community-based child welfare

16  project in Sarasota and Manatee counties, as authorized under

17  s. 409.1671, which have been specifically approved by the

18  department. These projects shall be established for the

19  purpose of determining the impact of targeted case management

20  on the child welfare program and the earnings from the child

21  welfare program. Results of targeted case management the pilot

22  projects shall be reported to the Child Welfare Estimating

23  Conference and the Social Services Estimating Conference

24  established under s. 216.136. The number of projects may not

25  be increased until requested by the Department of Children and

26  Family Services, recommended by the Child Welfare Estimating

27  Conference and the Social Services Estimating Conference, and

28  approved by the Legislature. The covered group of individuals

29  who are eligible to receive targeted case management include

30  children who are eligible for Medicaid; who are between the

31  ages of birth through 21; and who are under protective

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  1  supervision or postplacement supervision, under foster-care

  2  supervision, or in shelter care or foster care. The number of

  3  individuals who are eligible to receive targeted case

  4  management shall be limited to the number for whom the

  5  Department of Children and Family Services has available

  6  matching funds to cover the costs. The general revenue funds

  7  required to match the funds for services provided by the

  8  community-based child welfare projects are limited to funds

  9  available for services described under s. 409.1671. The

10  Department of Children and Family Services may transfer the

11  general revenue matching funds as billed by the Agency for

12  Health Care Administration.

13         Section 6.  The Department of Children and Family

14  Services, in consultation with the Agency for Health Care

15  Administration, shall conduct a review of the process for

16  placing children for residential mental health treatment as

17  specified in section 39.407(5), Florida Statutes. This review

18  is to be used to determine whether changes are needed in this

19  process. The integrity of the examination process that is

20  intended to assure that only a child with an emotional

21  disturbance or a serious emotional disturbance is placed in a

22  residential mental health facility and to assure that a child

23  who is diagnosed with an emotional disturbance or a serious

24  emotional disturbance receives the most appropriate mental

25  health treatment in the least-restrictive setting must be

26  maintained. The review shall analyze and make recommendations

27  relative to issues pertinent to the process such as the number

28  of children who are assessed and the outcomes of the

29  assessments, the costs associated with the suitability

30  assessments based on geographic differentials, delays in

31  receiving appropriate mental health treatment services in both

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  1  residential and nonresidential settings which can be

  2  attributed to the assessment process, and the need to expand

  3  the mental health professional groups who may conduct the

  4  suitability assessment. The Department of Children and Family

  5  Services shall submit a report of its findings and any

  6  proposed changes to substantive law to the Office of the

  7  Governor, the President of the Senate, and the Speaker of the

  8  House of Representatives by January 1, 2003.

  9         Section 7.  This act shall take effect July 1, 2002.

10

11            *****************************************

12                          SENATE SUMMARY

13    Revises requirements for the annual report to the
      Legislature made by the Department of Children and Family
14    Services concerning the placement of children in licensed
      residential group care. Provides for a residential group
15    care appropriations category in the General
      Appropriations Act and specifies the purposes for which
16    and the conditions under which funds in that category may
      be used. Revises requirements for the privatization of
17    foster care and related services. Expands authority to
      establish child welfare targeted case management
18    projects. Provides for a review of the process for
      placing children for residential mental health treatment.
19

20

21

22

23

24

25

26

27

28

29

30

31

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