Senate Bill sb1454e2

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    CS for CS for SB 1454                   Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to social services; creating

  3         the "Local Funding Revenue Maximization Act";

  4         providing legislative intent; defining the term

  5         "agency" for purposes of the act; providing

  6         requirements for state agencies that provide

  7         health services, social services, or human

  8         services; providing requirements for the use of

  9         certain public revenues as local matching funds

10         and for the uses of federal reimbursements

11         received as a result of the certification of

12         local matching funds; providing for agreements

13         between agencies and local political

14         subdivisions; requiring agencies and local

15         political subdivisions to cooperate in

16         modifying state plans and in seeking and

17         implementing any necessary federal waivers;

18         providing for administrative costs; providing

19         for interest on certain unpaid funds; requiring

20         agencies to submit annual reports to the

21         Governor and to legislative leaders; amending

22         s. 39.202, F.S.; clarifying a right to access

23         to records for certain attorneys and providing

24         a right to access for employees and agents of

25         educational institutions; authorizing the

26         Department of Children and Family Services and

27         specified law enforcement agencies to release

28         certain information when a child is under

29         investigation or supervision; providing an

30         exception; providing that persons releasing

31         such information are not subject to civil or


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         criminal penalty for the release; providing for

 2         an additional circumstance for release of

 3         otherwise confidential records; amending s.

 4         402.305, F.S.; directing the Department of

 5         Children and Family Services to adopt a rule

 6         related to child care definition; amending s.

 7         402.40, F.S.; removing Tallahassee Community

 8         College as the sole contract provider for child

 9         welfare training academies; providing for

10         development of core competencies; providing for

11         advanced training; modifying requirements for

12         the establishment of training academies;

13         providing for modification of child welfare

14         training; creating s. 402.401, F.S.; creating

15         the Child Welfare Student Loan Forgiveness

16         Program; providing for eligibility

17         requirements; providing terms of repayment;

18         amending s. 409.1451, F.S.; providing duties

19         for the Independent Living Services Workgroup;

20         making an exception for personal property of

21         independent living clients; amending s.

22         409.1671, F.S.; deleting the requirement for

23         contracts for legal services in certain

24         counties; providing for the continuation of

25         privatization of foster care and related

26         services; providing for a readiness assessment

27         and written certification; deleting certain

28         termination of services notice requirements;

29         requiring the payment of certain administrative

30         costs incurred by lead community-based

31         providers; deleting an obsolete effective date;


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         providing for independent financial audits;

 2         amending s. 409.16745, F.S.; changing

 3         eligibility requirements for participation in

 4         the community partnership matching grant

 5         program; amending s. 409.175, F.S.; providing

 6         for an assessment by a family services

 7         counselor and approval by a supervisor, rather

 8         than a comprehensive behavioral health

 9         assessment, of children in certain family

10         foster homes; amending s. 409.953, F.S.;

11         providing the Department of Children and

12         Families authority to administer the Refugee

13         Assistance Program; providing for custody

14         determination and placement of unaccompanied

15         refugee minors; amending s. 937.021, F.S.;

16         providing for the filing of police reports for

17         missing children in the county or municipality

18         where the child was last seen; providing for an

19         evaluation of child welfare legal services by

20         the Office of Program Policy Analysis and

21         Government Accountability; providing an

22         effective date.

23  

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

25  

26         Section 1.  Local Funding Revenue Maximization Act;

27  legislative intent; revenue maximization program.--

28         (1)  SHORT TITLE.--This section may be cited as the

29  "Local Funding Revenue Maximization Act."

30         (2)  LEGISLATIVE INTENT.--

31  


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         (a)  The Legislature recognizes that state funds do not

 2  fully utilize federal funding matching opportunities for

 3  health and human services needs. It is the intent of the

 4  Legislature to authorize the use of certified local funding

 5  for federal matching programs to the fullest extent possible

 6  to maximize federal funding of local preventive services and

 7  local child development programs in this state. To that end,

 8  the Legislature expects that state agencies will take a

 9  proactive approach in implementing this legislative priority.

10  It is the further intent of the Legislature that this act

11  shall be revenue-neutral with respect to state funds.

12         (b)  It is the intent of the Legislature that revenue

13  maximization opportunities using certified local funding shall

14  occur only after available state funds have been utilized to

15  generate matching federal funding for the state.

16         (c)  It is the intent of the Legislature that

17  participation in revenue maximization is to be voluntary for

18  local political subdivisions.

19         (d)  Except for funds expended pursuant to Title XIX of

20  the Social Security Act, it is the intent of the Legislature

21  that certified local funding for federal matching programs not

22  supplant or replace state funds. Beginning July 1, 2004, any

23  state funds supplanted or replaced with local tax revenues for

24  Title XIX funds shall be expressly approved in the General

25  Appropriations Act or by the Legislative Budget Commission

26  pursuant to chapter 216, Florida Statutes.

27         (e)  It is the intent of the Legislature that revenue

28  maximization shall not divert existing funds from state

29  agencies that are currently using local funds to maximize

30  matching federal and state funds to the greatest extent

31  possible.


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         (3)  REVENUE MAXIMIZATION PROGRAM.--

 2         (a)  For purposes of this section, the term "agency"

 3  means any state agency or department that is involved in

 4  providing health, social, or human services, including, but

 5  not limited to, the Agency for Health Care Administration, the

 6  Agency for Workforce Innovation, the Department of Children

 7  and Family Services, the Department of Elderly Affairs, the

 8  Department of Juvenile Justice, and the Florida Board of

 9  Education.

10         (b)  Each agency shall establish programs and

11  mechanisms designed to maximize the use of local funding for

12  federal programs in accordance with this section.

13         (c)  The use of local matching funds under this section

14  must be limited to public revenue funds of local political

15  subdivisions, including, but not limited to, counties,

16  municipalities, and special districts. To the extent permitted

17  by federal law, funds donated to such local political

18  subdivisions by private entities, such as, but not limited to,

19  the United Way, community foundations or other foundations,

20  and businesses, or by individuals are considered to be public

21  revenue funds available for matching federal funding.

22         (d)  Subject to paragraph (f), any federal

23  reimbursement received as a result of the certification of

24  local matching funds must, unless specifically prohibited by

25  federal law or state law, including the General Appropriations

26  Act, and subject to the availability of specific appropriation

27  and release authority, be returned within 30 days after

28  receipt by the agency by the most expedient means possible to

29  the local political subdivision providing such funding, and

30  the local political subdivision must be provided an annual

31  accounting of federal reimbursements received by the state or


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  its agencies as a result of the certification of the local

 2  political subdivision's matching funds. The receipt by a local

 3  political subdivision of such matching funds must not in any

 4  way influence or be used as a factor in developing any

 5  agency's annual operating budget allocation methodology or

 6  formula or any subsequent budget amendment allocations or

 7  formulas. If necessary, agreements must be made between an

 8  agency and the local political subdivision to accomplish that

 9  purpose. Such an agreement may provide that the local

10  political subdivision must: verify the eligibility of the

11  local program or programs and the individuals served thereby

12  to qualify for federal matching funds; shall develop and

13  maintain the financial records necessary for documenting the

14  appropriate use of federal funds; shall comply with all

15  applicable state and federal laws, regulations, and rules that

16  regulate such federal services; and shall reimburse the cost

17  of any disallowance of federal funding previously provided to

18  a local political subdivision resulting from the failure of

19  that local political subdivision to comply with applicable

20  state or federal laws, rules, or regulations.

21         (e)  Each agency, as applicable, shall work with local

22  political subdivisions to modify any state plans and to seek

23  and implement any federal waivers necessary to implement this

24  section. If such modifications or waivers require the approval

25  of the Legislature, the agency, as applicable, shall draft

26  such legislation and present it to the President of the Senate

27  and the Speaker of the House of Representatives and to the

28  respective committee chairs of the Senate and the House of

29  Representatives by January 1, 2004, and, as applicable,

30  annually thereafter.

31  


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         (f)  Each agency, as applicable, before funds generated

 2  under this section are distributed to any local political

 3  subdivision, may deduct the actual administrative cost for

 4  implementing and monitoring the local match program; however,

 5  such administrative costs may not exceed 5 percent of the

 6  total federal reimbursement funding to be provided to the

 7  local political subdivision under paragraph (d). To the extent

 8  that any other provision of state law applies to the

 9  certification of local matching funds for a specific program,

10  the provisions of that statute which relate to administrative

11  costs apply in lieu of the provisions of this paragraph. The

12  failure to remit reimbursement to the local political

13  subdivision will result in the payment of interest, in

14  addition to the amount to be reimbursed at a rate pursuant to

15  section 55.03(1), Florida Statutes, on the unpaid amount from

16  the expiration of the 30-day period until payment is received.

17         (g)  Each agency, respectively, shall annually submit

18  to the Governor, the President of the Senate, and the Speaker

19  of the House of Representatives, no later than January 1, a

20  report that documents the specific activities undertaken

21  during the previous fiscal year under this section. The report

22  must include, but is not limited to, a statement of the total

23  amount of federal matching funds generated by local matching

24  funds under this section, reported by federal funding source;

25  the total amount of block grant funds expended during the

26  previous fiscal year, reported by federal funding source; the

27  total amount for federal matching fund programs, including,

28  but not limited to, Temporary Assistance for Needy Families

29  and Child Care and Development Fund, of unobligated funds and

30  unliquidated funds, both as of the close of the previous

31  federal fiscal year; the amount of unliquidated funds that is


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  in danger of being returned to the Federal Government at the

 2  end of the current federal fiscal year; and a detailed plan

 3  and timeline for spending any unobligated and unliquidated

 4  funds by the end of the current federal fiscal year.

 5         Section 2.  Subsection (2) of section 39.202, Florida

 6  Statutes, is amended, a new subsection (4) is added to that

 7  section and subsections (5) through (7) are redesignated as

 8  subsections (6) through (8), to read:

 9         39.202  Confidentiality of reports and records in cases

10  of child abuse or neglect.--

11         (2)  Except as provided in subsection (4), access to

12  such records, excluding the name of the reporter which shall

13  be released only as provided in subsection (5) (4), shall be

14  granted only to the following persons, officials, and

15  agencies:

16         (a)  Employees, authorized agents, or contract

17  providers of the department, the Department of Health, or

18  county agencies responsible for carrying out:

19         1.  Child or adult protective investigations;

20         2.  Ongoing child or adult protective services;

21         3.  Healthy Start services; or

22         4.  Licensure or approval of adoptive homes, foster

23  homes, or child care facilities, or family day care homes or

24  informal child care providers who receive subsidized child

25  care funding, or other homes used to provide for the care and

26  welfare of children.

27         5.  Services for victims of domestic violence when

28  provided by certified domestic violence centers working at the

29  department's request as case consultants or with shared

30  clients.

31  


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  Also, employees or agents of the Department of Juvenile

 2  Justice responsible for the provision of services to children,

 3  pursuant to chapters 984 and 985.

 4         (b)  Criminal justice agencies of appropriate

 5  jurisdiction.

 6         (c)  The state attorney of the judicial circuit in

 7  which the child resides or in which the alleged abuse or

 8  neglect occurred.

 9         (d)  The parent or legal custodian of any child who is

10  alleged to have been abused, abandoned, or neglected, and the

11  child, and their attorneys, including any attorney

12  representing a child in civil or criminal proceedings. This

13  access shall be made available no later than 30 days after the

14  department receives the initial report of abuse, neglect, or

15  abandonment. However, any information otherwise made

16  confidential or exempt by law shall not be released pursuant

17  to this paragraph.

18         (e)  Any person alleged in the report as having caused

19  the abuse, abandonment, or neglect of a child. This access

20  shall be made available no later than 30 days after the

21  department receives the initial report of abuse, abandonment,

22  or neglect and, when the alleged perpetrator is not a parent,

23  shall be limited to information involving the protective

24  investigation only and shall not include any information

25  relating to subsequent dependency proceedings. However, any

26  information otherwise made confidential or exempt by law shall

27  not be released pursuant to this paragraph.

28         (f)  A court upon its finding that access to such

29  records may be necessary for the determination of an issue

30  before the court; however, such access shall be limited to

31  inspection in camera, unless the court determines that public


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  disclosure of the information contained therein is necessary

 2  for the resolution of an issue then pending before it.

 3         (g)  A grand jury, by subpoena, upon its determination

 4  that access to such records is necessary in the conduct of its

 5  official business.

 6         (h)  Any appropriate official of the department

 7  responsible for:

 8         1.  Administration or supervision of the department's

 9  program for the prevention, investigation, or treatment of

10  child abuse, abandonment, or neglect, or abuse, neglect, or

11  exploitation of a vulnerable adult, when carrying out his or

12  her official function;

13         2.  Taking appropriate administrative action concerning

14  an employee of the department alleged to have perpetrated

15  child abuse, abandonment, or neglect, or abuse, neglect, or

16  exploitation of a vulnerable adult; or

17         3.  Employing and continuing employment of personnel of

18  the department.

19         (i)  Any person authorized by the department who is

20  engaged in the use of such records or information for bona

21  fide research, statistical, or audit purposes. Such individual

22  or entity shall enter into a privacy and security agreement

23  with the department and shall comply with all laws and rules

24  governing the use of such records and information for research

25  and statistical purposes. Information identifying the subjects

26  of such records or information shall be treated as

27  confidential by the researcher and shall not be released in

28  any form.

29         (j)  The Division of Administrative Hearings for

30  purposes of any administrative challenge.

31  


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         (k)  Any appropriate official of a Florida advocacy

 2  council investigating a report of known or suspected child

 3  abuse, abandonment, or neglect; the Auditor General or the

 4  Office of Program Policy Analysis and Government

 5  Accountability for the purpose of conducting audits or

 6  examinations pursuant to law; or the guardian ad litem for the

 7  child.

 8         (l)  Employees or agents of an agency of another state

 9  that has comparable jurisdiction to the jurisdiction described

10  in paragraph (a).

11         (m)  The Public Employees Relations Commission for the

12  sole purpose of obtaining evidence for appeals filed pursuant

13  to s. 447.207.  Records may be released only after deletion of

14  all information which specifically identifies persons other

15  than the employee.

16         (n)  Employees or agents of the Department of Revenue

17  responsible for child support enforcement activities.

18         (o)  Any person in the event of the death of a child

19  determined to be a result of abuse, abandonment, or neglect.

20  Information identifying the person reporting abuse,

21  abandonment, or neglect shall not be released. Any information

22  otherwise made confidential or exempt by law shall not be

23  released pursuant to this paragraph.

24         (p)  The principal of a public school, private school,

25  or charter school where the child is a student. Information

26  contained in the records which the principal determines are

27  necessary for a school employee to effectively provide a

28  student with educational services may be released to that

29  employee.

30         (4)  Notwithstanding any other provision of law, when a

31  child under investigation or supervision of the department or


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  its contracted service providers is determined to be missing,

 2  the following shall apply:

 3         (a)  The department may release the following

 4  information to the public when it believes the release of the

 5  information is likely to assist efforts in locating the child

 6  or to promote the safety or well-being of the child:

 7         1.  The name of the child and the child's date of

 8  birth;

 9         2.  A physical description of the child, including at a

10  minimum the height, weight, hair color, eye color, gender, and

11  any identifying physical characteristics of the child; and

12         3.  A photograph of the child.

13         (b)  With the concurrence of the law enforcement agency

14  primarily responsible for investigating the incident, the

15  department may release any additional information it believes

16  likely to assist efforts in locating the child or to promote

17  the safety or well-being of the child.

18         (c)  The law enforcement agency primarily responsible

19  for investigating the incident may release any information

20  received from the department regarding the investigation, if

21  it believes the release of the information is likely to assist

22  efforts in locating the child or to promote the safety or

23  well-being of the child.

24  

25  The good-faith publication or release of this information by

26  the department, a law enforcement agency, or any recipient of

27  the information as specifically authorized by this subsection

28  shall not subject the person, agency or entity releasing the

29  information to any civil or criminal penalty. This subsection

30  does not authorize the release of the name of the reporter,

31  which may be released only as provided in subsection (5).


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         Section 3.  Paragraph (c) of subsection (1) of section

 2  402.305, Florida Statutes, is amended to read:

 3         402.305  Licensing standards; child care facilities.--

 4         (1)  LICENSING STANDARDS.--The department shall

 5  establish licensing standards that each licensed child care

 6  facility must meet regardless of the origin or source of the

 7  fees used to operate the facility or the type of children

 8  served by the facility.

 9         (c)  The minimum standards for child care facilities

10  shall be adopted in the rules of the department and shall

11  address the areas delineated in this section. The department,

12  in adopting rules to establish minimum standards for child

13  care facilities, shall recognize that different age groups of

14  children may require different standards. The department may

15  adopt different minimum standards for facilities that serve

16  children in different age groups, including school-age

17  children. The department shall also adopt by rule a definition

18  for child care which distinguishes between child care programs

19  that require child care licensure and after-school programs

20  that do not require licensure. Notwithstanding any other

21  provision of law to the contrary, minimum child care licensing

22  standards shall be developed to provide for reasonable,

23  affordable, and safe before-school and after-school care.

24  Standards, at a minimum, shall allow for a credentialed

25  director to supervise multiple before-school and after-school

26  sites.

27         Section 4.  Section 402.40, Florida Statutes, is

28  amended to read:

29         402.40  Child welfare training.--

30         (1)  LEGISLATIVE INTENT.--In order to enable the state

31  to provide a systematic approach to staff development and


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  training for persons providing child welfare services

 2  dependency program staff that will meet the needs of such

 3  staff in their discharge of duties, it is the intent of the

 4  Legislature that the Department of Children and Family

 5  Services establish, maintain, and oversee the operation of

 6  child welfare training academies in the state.  The

 7  Legislature further intends that the staff development and

 8  training programs that are established will aid in the

 9  reduction of poor staff morale and of staff turnover, will

10  positively impact on the quality of decisions made regarding

11  children and families who require assistance from programs

12  providing child welfare services dependency programs, and will

13  afford better quality care of children who must be removed

14  from their families.

15         (2)  DEFINITIONS.--As used in this section, the term:

16         (a)  "Child welfare services" "Dependency program"

17  means any intake, protective investigations, preprotective

18  services, protective services, foster care, shelter and group

19  care, and adoption and related services program, including

20  supportive services, supervision, and legal services, provided

21  to children who are alleged to have been abused, abandoned, or

22  neglected, or who are at risk of becoming, are alleged to be,

23  or have been found dependent pursuant to ch. 39 whether

24  operated by or contracted by the department, providing intake,

25  counseling, supervision, or custody and care of children who

26  are alleged to be or who have been found to be dependent

27  pursuant to chapter 39 or who have been identified as being at

28  risk of becoming dependent.

29         (b)  "Person providing child welfare services"

30  "Dependency program staff" means person who has a

31  responsibility for supervisory, legal, and direct care or


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  support related work in the provision of child welfare

 2  services pursuant to ch. 39 staff of a dependency program as

 3  well as support staff who have direct contact with children in

 4  a dependency program.

 5         (3)  CHILD WELFARE TRAINING PROGRAM.--The department

 6  shall establish a program for training pursuant to the

 7  provisions of this section, and all persons providing child

 8  welfare services  dependency program staff shall be required

 9  to participate in and successfully complete the program of

10  training pertinent to their areas of responsibility.

11         (4)  CHILD WELFARE TRAINING TRUST FUND.--

12         (a)  There is created within the State Treasury a Child

13  Welfare Training Trust Fund to be used by the Department of

14  Children and Family Services for the purpose of funding a

15  comprehensive system of child welfare training, including the

16  securing of consultants to develop the system and the

17  developing of child welfare training academies that include

18  the participation of persons providing child welfare services

19  dependency program staff.

20         (b)  One dollar from every noncriminal traffic

21  infraction collected pursuant to s. 318.14(10)(b) or s. 318.18

22  shall be deposited into the Child Welfare Training Trust Fund.

23         (c)  In addition to the funds generated by paragraph

24  (b), the trust fund shall receive funds generated from an

25  additional fee on birth certificates and dissolution of

26  marriage filings, as specified in ss. 382.0255 and 28.101,

27  respectively, and may receive funds from any other public or

28  private source.

29         (d)  Funds that are not expended by the end of the

30  budget cycle or through a supplemental budget approved by the

31  department shall revert to the trust fund.


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         (5)  CORE COMPETENCIES.--

 2         (a)  The Department of Children and Family Services

 3  shall establish the core competencies for a single integrated

 4  curriculum that ensures that each person delivering child

 5  welfare services obtains the knowledge, skills and abilities

 6  to competently carry out his or her work responsibilities.

 7  This curriculum may be a compilation of different development

 8  efforts based on specific subsets of core competencies that

 9  are integrated for a comprehensive curriculum required in the

10  provision of child welfare services in this state.

11         (b)  The identification of these core competencies

12  shall be a collaborative effort to include professionals with

13  expertise in child welfare services and providers that will be

14  affected by the curriculum, to include, but not be limited to,

15  representatives from the community-based care lead agencies,

16  sheriffs' offices conducting child protection investigations,

17  and child welfare legal services providers.

18         (c)  Notwithstanding s. 287.057(5) and (22), the

19  department shall competitively solicit and contract for the

20  development, validation, and periodic evaluation of the

21  training curricula for the established single integrated

22  curriculum. No more than one training curriculum may be

23  developed for each specific subset of the core competencies.

24         (6)  ADVANCED TRAINING.--The Department of Children and

25  Family Services shall annually examine the advanced training

26  that is needed by persons who deliver child welfare services

27  in the state.  This examination shall address whether the

28  current advanced training provided should be continued and

29  shall include the development of plans for incorporating any

30  revisions to the advanced training determined necessary.  This

31  examination shall be conducted in collaboration with


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  professionals with expertise in child welfare services and

 2  providers that will be affected by the curriculum, to include,

 3  but not be limited to, representatives from the

 4  community-based care lead agencies, sheriffs' offices

 5  conducting child protection investigations, and child welfare

 6  legal services' providers.

 7         (7)  CERTIFICATION AND TRAINER QUALIFICATIONS.--The

 8  department shall, in collaboration with the professionals and

 9  providers described in subsection (5), develop minimum

10  standards for a certification process that ensures that

11  participants have successfully attained the knowledge, skills,

12  and abilities necessary to competently carry out their work

13  responsibilities and shall develop minimum standards for

14  trainer qualifications which must be required of training

15  academies in the offering of the training curricula. Any

16  person providing child welfare services shall be required to

17  master the components of the curriculum that are particular to

18  that person's work responsibilities.

19         (8)(5)  ESTABLISHMENT OF TRAINING ACADEMIES.--The

20  department shall establish child welfare training academies as

21  part of a comprehensive system of child welfare training. In

22  establishing a program of training, the department may

23  contract for the operation of one or more training academies

24  with Tallahassee Community College to perform one or more of

25  the following: to offer one or more of the training curricula

26  developed under subsection (5); to administer the

27  certification process; to develop, validate, and periodically

28  evaluate additional training curricula determined to be

29  necessary, including advanced  training that is specific to a

30  region or contractor, or that meets a particular training

31  need; or to offer the additional training curricula. The


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  number, location, and timeframe for establishment of

 2  additional training academies shall be approved by the

 3  Secretary of Children and Family Services who shall ensure

 4  that the goals for the core competencies and the single

 5  integrated curriculum, the certification process, the trainer

 6  qualifications, and the additional training needs are

 7  addressed. Notwithstanding s. 287.057(5) and (22), the

 8  department shall competitively solicit all training academy

 9  contracts.

10         (9)  MODIFICATION OF CHILD WELFARE TRAINING.--The core

11  competencies determined pursuant to subsection (5), the

12  minimum standards for the certification process and the

13  minimum standards for trainer qualifications established

14  pursuant to subsection (7), must be submitted to the

15  appropriate substantive committees of the Senate and the House

16  of Representatives before competitively soliciting either the

17  development,validation, or periodic evaluation of the training

18  curricula or the training academy contracts.

19         (10)(6) ADOPTION OF RULES.--The Department of Children

20  and Family Services shall adopt rules necessary to carry out

21  the provisions of this section.

22         Section 5.  Section 402.401, Florida Statutes is

23  created to read:

24         402.401  Florida Child Welfare Student Loan Forgiveness

25  Program.--

26         (1)  There is created the Florida Child Welfare Student

27  Loan Forgiveness Program to be administered by the Department

28  of Education. The program shall provide loan assistance to

29  eligible students for upper-division undergraduate and

30  graduate study. The primary purpose of the program is to

31  attract capable and promising students to the child welfare


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  profession, increase employment and retention of individuals

 2  who are working towards or who have received either a

 3  bachelor's degree or a master's degree in social work, or any

 4  human services subject area that qualifies the individual for

 5  employment as a family services worker, and provide

 6  opportunities for persons making midcareer decisions to enter

 7  the child welfare profession. The State Board of Education

 8  shall adopt rules necessary to administer the program.

 9         (2)(a)  To be eligible for a program loan, a candidate

10  shall:

11         1.  Be a full-time student at the upper-division

12  undergraduate or graduate level in a social work program

13  approved by the Council on Social Work leading to either a

14  bachelor's degree or a master's degree in social work or an

15  accredited human services degree program.

16         2.  Have declared an intent to work in child welfare

17  for at least the number of years for which a forgivable loan

18  is received at the Department of Children and Family Services

19  or its successor, or with an eligible lead community-based

20  provider as defined in s. 409.1671.

21         3.  If applying for an undergraduate forgivable loan,

22  have maintained a minimum cumulative grade point average of at

23  least a 2.5 on a 4.0 scale for all undergraduate work. Renewal

24  applicants for undergraduate loans shall have maintained a

25  minimum cumulative grade point average of at least a 2.5 on a

26  4.0 scale for all undergraduate work and have earned at least

27  12 semester credits per term, or the equivalent.

28         4.  If applying for a graduate forgivable loan, have

29  maintained an undergraduate cumulative grade point average of

30  at least a 3.0 on a 4.0 scale or have attained a Graduate

31  Record Examination score of at least 1,000. Renewal applicants


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  for graduate loans shall have maintained a minimum cumulative

 2  grade point average of at least a 3.0 on a 4.0 scale for all

 3  graduate work and have earned at least 9 semester credits per

 4  term, or the equivalent.

 5         (b)  An undergraduate forgivable loan may be awarded

 6  for 2 undergraduate years, not to exceed $4,000 per year.

 7         (c)  A graduate forgivable loan may be awarded for 2

 8  graduate years, not to exceed $8,000 per year. In addition to

 9  meeting criteria specified in paragraph (a), a loan recipient

10  at the graduate level shall:

11         1.  Hold a bachelor's degree from a school or

12  department of social work at any college or university

13  accredited by the Council on Social Work Education, or hold a

14  degree in a human services field from an accredited college or

15  university.

16         2.  Not have received an undergraduate forgivable loan

17  as provided for in paragraph (b).

18         (d)  The State Board of Education shall adopt by rule

19  repayment schedules and applicable interest rates under ss.

20  1009.82 and 1009.95. A forgivable loan must be repaid within

21  10 years after completion of a program of studies.

22         1.  Credit for repayment of an undergraduate or

23  graduate forgivable loan shall be in an amount not to exceed

24  $4,000 in loan principal plus applicable accrued interest for

25  each full year of eligible service in the child welfare

26  profession.

27         2.  Any forgivable loan recipient who fails to work at

28  the Department of Children and Family Services or its

29  successor, or with an eligible lead community-based provider

30  as defined in s. 409.1671, is responsible for repaying the

31  loan plus accrued interest at 8 percent annually.


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         3.  Forgivable loan recipients may receive loan

 2  repayment credit for child welfare service rendered at any

 3  time during the scheduled repayment period. However, such

 4  repayment credit shall be applicable only to the current

 5  principal and accrued interest balance that remains at the

 6  time the repayment credit is earned. No loan recipient shall

 7  be reimbursed for previous cash payments of principal and

 8  interest.

 9         (3)  This section shall be implemented only as

10  specifically funded.

11         Section 6.  Subsection (7) of section 409.1451, Florida

12  Statutes, is amended, present subsection (8) of that section

13  is amended and redesignated as subsection (9), and a new

14  subsection (8) is added to that section, to read:

15         409.1451  Independent living transition services.--

16         (7)  INDEPENDENT LIVING SERVICES INTEGRATION

17  WORKGROUP.--The Secretary of Children and Family Services

18  shall establish the independent living services integration

19  workgroup, which, at a minimum, shall include representatives

20  from the Department of Children and Family Services, the

21  Agency for Workforce Innovation, the Department of Education,

22  the Agency for Health Care Administration, the State Youth

23  Advisory Board, Workforce Florida, Inc., and foster parents.

24  The workgroup shall assess the implementation and operation of

25  the system of independent living transition services and

26  advise the department on actions that would improve the

27  ability of the independent living transition services to meet

28  the established goals. The workgroup shall keep the department

29  informed of problems being experienced with the services,

30  barriers to the effective and efficient integration of

31  services and support across systems, for the transition of


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  older children in foster care to independent living. and

 2  successes that the system of independent living transition

 3  services has achieved.  The department shall consider, but is

 4  not required to implement the recommendations of the

 5  workgroup. For the 2002-2003 and 2003-2004 fiscal years, the

 6  workgroup shall report to the appropriate substantive

 7  committees of the Senate and House of Representatives on the

 8  status of the implementation of the system of independent

 9  living transition services; efforts to publicize the

10  availability of aftercare support services, the

11  Road-to-Independence Scholarship Program, and transitional

12  support services; specific barriers to financial aid created

13  by the scholarship and possible solutions; the success of the

14  services; problems identified; recommendations for department

15  or legislative action; and the department's implementation of

16  the recommendations contained in the Independent Living

17  Services Integration Workgroup Report submitted to the Senate

18  and the House substantive committees December 31, 2002.  This

19  workgroup report is to be submitted by December 31, 2003, and

20  December 31, 2004, and shall be accompanied by a report from

21  the department which identifies the recommendations of the

22  workgroup and either describes the department's actions to

23  implement these recommendations or provides the department's

24  rationale for not implementing the recommendations. The

25  workgroup shall recommend methods to overcome these barriers

26  and shall ensure that the state plan for federal funding for

27  the independent living transition services includes these

28  recommendations. The workgroup shall report to appropriate

29  legislative committees of the Senate and the House of

30  Representatives by December 31, 2002. Specific issues and

31  recommendations to be addressed by the workgroup include:


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         (a)  Enacting the Medicaid provision of the federal

 2  Foster Care Independence Act of 1999, Pub. L. No. 106-169,

 3  which allows young adults formerly in foster care to receive

 4  medical coverage up to 21 years of age.

 5         (b)  Extending the age of Medicaid coverage from 21 to

 6  23 years of age for young adults formerly in foster care in

 7  order to enable such youth to complete a postsecondary

 8  education degree.

 9         (c)  Encouraging the regional workforce boards to

10  provide priority employment and support for eligible foster

11  care participants receiving independent living transition

12  services.

13         (d)  Facilitating transfers between schools when

14  changes in foster care placements occur.

15         (e)  Identifying mechanisms to increase the legal

16  authority of foster parents and staff of the department or its

17  agent to provide for the age-appropriate care of older

18  children in foster care, including enrolling a child in

19  school, signing for a practice driver's license for the child

20  under s. 322.09(4), cosigning loans and insurance for the

21  child, signing for the child's medical treatment, and

22  authorizing other similar activities as appropriate.

23         (f)  Transferring the allowance of spending money that

24  is provided by the department each month directly to an older

25  child in the program through an electronic benefit transfer

26  program. The purpose of the transfer is to allow these

27  children to access and manage the allowance they receive in

28  order to learn responsibility and participate in

29  age-appropriate life skills activities.

30         (g)  Identifying other barriers to normalcy for a child

31  in foster care.


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         (8)  PERSONAL PROPERTY.--Property acquired on behalf of

 2  clients of this program shall become the personal property of

 3  the clients and is not subject to the requirements of chapter

 4  273 relating to state-owned tangible personal property.  Such

 5  property continues to be subject to applicable federal laws.

 6         (9)(8)  RULEMAKING.--The department shall adopt by rule

 7  procedures to administer this section, including provision for

 8  the proportional reduction of scholarship a wards when

 9  adequate funds are not available for all applicants. These

10  rules shall balance the goals of normalcy and safety for the

11  youth and provide the caregivers with as much flexibility as

12  possible to enable the youth to participate in normal life

13  experiences.  The department shall engage in appropriate

14  planning to prevent, to the extent possible, a reduction in

15  scholarship awards after issuance.

16         Section 7.  Paragraphs (a), (b), and (d) of subsection

17  (1) of section 409.1671, Florida Statutes, are amended, new

18  paragraphs (c) and (d) are added to subsection (1) and present

19  paragraphs (c) through (k) of subsection (1) are redesignated

20  as paragraphs (e) through (m), and subsections (3) and (4) of

21  that section are amended, to read:

22         409.1671  Foster care and related services;

23  privatization.--

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

25  Department of Children and Family Services shall privatize the

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

27  further the Legislature's intent to encourage communities and

28  other stakeholders in the well-being of children to

29  participate in assuring that children are safe and

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

31  governments are presently funding portions of certain foster


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  care and related services programs and may choose to expand

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

 3  its privatization of foster care and related services that any

 4  county, municipality, or special district be required to

 5  assist in funding programs that previously have been funded by

 6  the state. Counties that provide children and family services

 7  with at least forty licensed residential group care beds by

 8  July 1, 2003, and provide at least $2.0 million annually in

 9  county general revenue funds to supplement foster and family

10  care services shall continue to contract directly with the

11  state and shall be exempt from the provisions of this section.

12  Nothing in this paragraph prohibits any county, municipality,

13  or special district from future voluntary funding

14  participation in foster care and related services. As used in

15  this section, the term "privatize" means to contract with

16  competent, community-based agencies. The department shall

17  submit a plan to accomplish privatization statewide, through a

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

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

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

21  from community-based providers that are currently under

22  contract with the department to furnish community-based foster

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

24  determining and transferring all available funds, including

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

26  earn and that portion of general revenue funds which is

27  currently associated with the services that are being

28  furnished under contract. The methodology must provide for the

29  transfer of funds appropriated and budgeted for all services

30  and programs that have been incorporated into the project,

31  including all management, capital (including current furniture


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  and equipment), and administrative funds to accomplish the

 2  transfer of these programs. This methodology must address

 3  expected workload and at least the 3 previous years'

 4  experience in expenses and workload. With respect to any

 5  district or portion of a district in which privatization

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

 7  department must clearly state in its plan the reasons the

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

 9  remediate the obstacles, which may include alternatives to

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

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

12  but is not limited to, family preservation, independent

13  living, emergency shelter, residential group care, foster

14  care, therapeutic foster care, intensive residential

15  treatment, foster care supervision, case management,

16  postplacement supervision, permanent foster care, and family

17  reunification. Unless otherwise provided for, beginning in

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

19  of the Attorney General shall provide child welfare legal

20  services, pursuant to chapter 39 and other relevant

21  provisions, in Sarasota, Pinellas, and Pasco, Broward, and

22  Manatee Counties.  Such legal services shall commence and be

23  effective, as soon as determined reasonably feasible by the

24  respective state attorney or the Office of the Attorney

25  General, after the privatization of associated programs and

26  child protective investigations has occurred.  When a private

27  nonprofit agency has received case management

28  responsibilities, transferred from the state under this

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

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

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


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    CS for CS for SB 1454                   Second Engrossed (ntc)



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

 2  child is unavailable and his or her whereabouts cannot

 3  reasonably be ascertained. The private nonprofit agency may

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

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

 6  or her whereabouts cannot reasonably be ascertained, and a

 7  court order for such emergency medical services cannot be

 8  obtained because of the severity of the emergency or because

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

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

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

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

13  circumstances.

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

15  department will continue to work towards full privatization in

16  a manner that assures the viability of the community-based

17  system of care and best provides for the safety of children in

18  the child protection system. To this end, the department is

19  directed to continue the process of privatizing services in

20  those counties in which signed start-up contracts have been

21  executed. The department may also continue to enter into

22  start-up contracts with additional counties. However, no

23  services shall be transferred to a community-based care lead

24  agency until the department, in consultation with the local

25  community alliance, has determined and certified in writing to

26  the Governor and the Legislature that the district is prepared

27  to transition the provision of services to the lead agency and

28  that the lead agency is ready to deliver and be accountable

29  for such service provision.  In making this determination the

30  Department shall conduct a readiness assessment of the

31  district and the lead agency.


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 1         1.  The assessment shall evaluate the operational

 2  readiness of the district and the lead agency based on:

 3         a. A set of uniform criteria, developed in consultation

 4  with currently operating community based care lead agencies

 5  and reflecting national accreditation standards, that evaluate

 6  programmatic, financial, technical assistance, training and

 7  organizational competencies; and

 8         b. Local criteria reflective of the local community

 9  based care design and the community alliance priorities.

10         2. The readiness assessment shall be conducted by a

11  joint team of district and lead agency staff with direct

12  experience with the startup and operation of a community based

13  care service program and representatives from the appropriate

14  community alliance. Within resources available for this

15  purpose, the department may secure outside audit expertise

16  when necessary to assist a readiness assessment team.

17         3. Upon completion of a readiness assessment the

18  assessment team shall conduct an exit conference with the

19  district and lead agency staff responsible for the transition

20         4. Within 30 days following the exit conference with

21  staff of each district and lead agency, the Secretary shall

22  certify in writing to the Governor and Legislature that both

23  the district and the lead agency are prepared to begin the

24  transition of service provision based on the results of the

25  readiness assessment and the exit conference. The document of

26  certification must include specific evidence of readiness on

27  each element of the readiness instrument utilized by the

28  assessment team as well as a description of each element of

29  readiness needing improvement and strategies being implemented

30  to address each one.

31  


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         (c)  The Auditor General and the Office of Program

 2  Policy Analysis and Government Accountability (OPPAGA), in

 3  consultation with The Child Welfare League of America and the

 4  Louis de la Parte Florida Mental Health Institute, shall

 5  jointly review and assess the department's process for

 6  determining district and lead agency readiness.

 7         1.  The review must, at a minimum, address the

 8  appropriateness of the readiness criteria and instruments

 9  applied, the appropriateness of the qualifications of

10  participants on each readiness assessment team, the degree to

11  which the department accurately determined each district and

12  lead agency's compliance with the readiness criteria, the

13  quality of the technical assistance provided by the department

14  to a lead agency in correcting any weaknesses identified in

15  the readiness assessment, and the degree to which each lead

16  agency overcame any identified weaknesses.

17         2.  Reports of these reviews must be submitted to the

18  appropriate substantive and appropriations committees in the

19  Senate and House of Representatives on March 1 and September 1

20  of each year until full transition to community-based care has

21  been accomplished statewide, except that the first report must

22  be submitted by February 1, 2004, and must address all

23  readiness activities undertaken through June 30,2003. The

24  perspectives of all participants in this review process must

25  be included in each report.

26         (d)  In communities where economic or demographic

27  constraints make it impossible or not feasible to

28  competitively contract with a lead agency, the department

29  shall develop an alternative plan in collaboration with the

30  local community alliance, which may include establishing

31  innovative geographical configurations or consortiums of


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  agencies. The plan must detail how the community will continue

 2  to implement community-based care through competitively

 3  procuring either the specific components of foster care and

 4  related services or comprehensive services for defined

 5  eligible populations of children and families from qualified

 6  licensed agencies as part of its efforts to develop the local

 7  capacity for a community-based system of coordinated care. The

 8  plan must ensure local control over the management and

 9  administration of the service provision in accordance with the

10  intent of this section and may include recognized best

11  business practices, including some form of public or private

12  partnerships. by initiating the competitive procurement

13  process in each county by January 1, 2003. In order to provide

14  for an adequate transition period to develop the necessary

15  administrative and service delivery capacity in each

16  community, the full transfer of all foster care and related

17  services must be completed statewide by December 31, 2004.

18         (f)(d)1.  If attempts to competitively procure services

19  through an eligible lead community-based provider as defined

20  in paragraph (c) do not produce a capable and willing agency,

21  the department shall develop a plan in collaboration with the

22  local community alliance. The plan must detail how the

23  community will continue to implement privatization, to be

24  accomplished by December 31, 2004, through competitively

25  procuring either the specific components of foster care and

26  related services or comprehensive services for defined

27  eligible populations of children and families from qualified

28  licensed agencies as part of its efforts to develop the local

29  capacity for a community-based system of coordinated care. The

30  plan must ensure local control over the management and

31  administration of the service provision in accordance with the


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  intent of this section and may include recognized best

 2  business practices, including some form of public or private

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

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

 5  Speaker of the House of Representatives for their comments.

 6         1.2.  The Legislature finds that the state has

 7  traditionally provided foster care services to children who

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

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

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

11  determined that foster care and related services need to be

12  privatized pursuant to this section and that the provision of

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

14  purpose for such privatization is to increase the level of

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

16  the responsibility of the state. One of the components

17  necessary to secure a safe and stable environment for such

18  children is that private providers maintain liability

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

20  available to nongovernmental foster care and related services

21  providers without the resources of such providers being

22  significantly reduced by the cost of maintaining such

23  insurance.

24         2.3.  The Legislature further finds that, by requiring

25  the following minimum levels of insurance, children in

26  privatized foster care and related services will gain

27  increased protection and rights of recovery in the event of

28  injury than provided for in s. 768.28.

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

30  protection system, the department shall ensure that contracts

31  entered into with community-based agencies pursuant to this


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  section include provisions for a case-transfer process to

 2  determine the date that the community-based agency will

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

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

 5  protective investigation and the initiation of service

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

 7  conclusion of an investigation, the department must provide a

 8  complete summary of the findings of the investigation to the

 9  community-based agency.

10         (b)  The contracts must also ensure that each

11  community-based agency shall furnish information on its

12  activities in all cases in client case records. A provider may

13  not discontinue services on any voluntary case without prior

14  written notification to the department 30 days before planned

15  case closure. If the department disagrees with the recommended

16  case closure date, written notification to the provider must

17  be provided before the case closure date.

18         (c)  The contract between the department and

19  community-based agencies must include provisions that specify

20  the procedures to be used by the parties to resolve

21  differences in interpreting the contract or to resolve

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

23  their respective obligations under the contract.

24         (d)  Each contract with an eligible lead

25  community-based provider shall provide for the payment by the

26  department to the provider of a reasonable administrative cost

27  in addition to funding for the provision of services.

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

29  assurance program for privatized services. The quality

30  assurance program shall be based on standards established by a

31  national accrediting organization such as the Council on


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  Accreditation of Services for Families and Children, Inc.

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

 3  The department may develop a request for proposal for such

 4  oversight. This program must be developed and administered at

 5  a statewide level. The Legislature intends that the department

 6  be permitted to have limited flexibility to use funds for

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

 8  2000, the department may transfer up to 0.125 percent of the

 9  total funds from categories used to pay for these

10  contractually provided services, but the total amount of such

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

12  When necessary, the department may establish, in accordance

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

14  devoted to these functions. Any positions required under this

15  paragraph may be established, notwithstanding ss.

16  216.262(1)(a) and 216.351. The department, in consultation

17  with the community-based agencies that are undertaking the

18  privatized projects, shall establish minimum thresholds for

19  each component of service, consistent with standards

20  established by the Legislature and the Federal Government.

21  Each program operated under contract with a community-based

22  agency must be evaluated annually by the department. The

23  department shall, to the extent possible, use independent

24  financial audits provided by the community-based care agency

25  to eliminate or reduce the ongoing contract and administrative

26  reviews conducted by the department. The department may

27  suggest additional items to be included in such independent

28  financial audits to meet the department's needs. Should the

29  department determine that such independent financial audits

30  are inadequate, then other audits, as necessary, may be

31  conducted by the department. Nothing herein shall abrogate the


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  requirements of s. 215.97. The department shall submit an

 2  annual report regarding quality performance, outcome measure

 3  attainment, and cost efficiency to the President of the

 4  Senate, the Speaker of the House of Representatives, the

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

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

 7  project in operation during the preceding fiscal year.

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

 9  recommendations to the Governor and the Legislature for future

10  program and funding priorities in the child welfare system.

11         Section 8.  Section 409.16745, Florida Statutes, is

12  amended to read:

13         409.16745  Community partnership matching grant

14  program.--It is the intent of the Legislature to improve

15  services and local participation in community-based care

16  initiatives by fostering community support and providing

17  enhanced prevention and in-home services, thereby reducing the

18  risk otherwise faced by lead agencies. There is established a

19  community partnership matching grant program to be operated by

20  the Department of Children and Family Services for the purpose

21  of encouraging local participation in community-based care for

22  child welfare. Any children's services council or other local

23  government entity that makes a financial commitment to a

24  community-based care lead agency is eligible for a grant upon

25  proof that the children's services council or local government

26  entity has provided the selected lead agency at least $250,000

27  $825,000 in start up funds, from any local resources otherwise

28  available to it. The total amount of local contribution may be

29  matched on a two-for-one basis up to a maximum amount of $2

30  million per council or local government entity. Awarded

31  matching grant funds may be used for any prevention or in-home


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  services provided by the children's services council or other

 2  local government entity that meets

 3  temporary-assistance-for-needy-families' eligibility

 4  requirements and can be reasonably expected to reduce the

 5  number of children entering the child welfare system. To

 6  ensure necessary flexibility for the development, start up,

 7  and ongoing operation of community-based care initiatives, the

 8  notice period required for any budget action authorized by the

 9  provisions of s. 20.19(5)(b), is waived for the family safety

10  program; however, the Department of Children and Family

11  Services must provide copies of all such actions to the

12  Executive Office of the Governor and Legislature within 72

13  hours of their occurrence. Funding available for the matching

14  grant program is subject to legislative appropriation of

15  nonrecurring temporary-assistance-for-needy-families funds

16  provided for the purpose.

17         Section 9.  Subsection (3) of section 409.175, Florida

18  Statutes, is amended to read:

19         409.175  Licensure of family foster homes, residential

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

21         (3)(a)  The total number of children placed in each

22  family foster home shall be based on the recommendation of the

23  department, or the community-based care lead agency where one

24  is providing foster care and related services, based on the

25  needs of each child in care, the ability of the foster family

26  to meet the individual needs of each child, including any

27  adoptive or biological children living in the home, the amount

28  of safe physical plant space, the ratio of active and

29  appropriate adult supervision, and the background, experience,

30  and skill of the family foster parents.

31  


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         (b)  If the total number of children in a family foster

 2  home will exceed five, including the family's own children, an

 3  a comprehensive behavioral health assessment of each child to

 4  be placed in the home must be completed by a family services

 5  counselor and approved in writing by the counselor's

 6  supervisor prior to placement of any additional children in

 7  the home, except that, if the placement involves a child whose

 8  sibling is already in the home or a child who has been in

 9  placement in the home previously, the assessment must be

10  completed within 72 hours after placement. The comprehensive

11  behavioral health assessment must comply with Medicaid rules

12  and regulations, assess and document the mental, physical, and

13  psychosocial needs of the child, and recommend the maximum

14  number of children in a family foster home that will allow the

15  child's needs to be met.

16         (c)  For any licensed family foster home, the

17  appropriateness of the number of children in the home must be

18  reassessed annually as part of the relicensure process. For a

19  home with more than five children, if it is determined by the

20  licensure study at the time of relicensure that the total

21  number of children in the home is appropriate and that there

22  have been no substantive licensure violations and no

23  indications of child maltreatment or child-on-child sexual

24  abuse within the past 12 months, the relicensure of the home

25  shall not be denied based on the total number of children in

26  the home.

27         Section 10.  Section 409.953, Florida Statutes, is

28  amended to read:

29         409.953  Rulemaking authority for refugee assistance

30  program.--

31  


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1         (1)  The Department of Children and Family Services has

 2  the authority shall adopt rules to administer the eligibility

 3  requirements for the refugee assistance program in accordance

 4  with 45 C.F.R. Part 400 and 401.  The Department of Children

 5  and Family Services or a child-placing or child-caring agency

 6  designated by the department may petition in circuit court to

 7  establish custody.  Upon making a finding that a child is an

 8  Unaccompanied Refugee Minor as defined in 45 C.F.R. Sec.

 9  400.111, the court may establish custody and placement of the

10  child in the Unaccompanied Refugee Minor Program.

11         (2)  The Department of Children and Family Services

12  shall adopt any rules necessary for the implementation and

13  administration of this section.

14         Section 11.  Section 937.021, Florida Statutes, is

15  amended to read:

16         937.021  Missing child reports.--

17         (1)  Upon the filing of a police report that a child is

18  missing by the parent or guardian, the law enforcement agency

19  receiving the report written notification shall immediately

20  inform all on-duty law enforcement officers of the existence

21  of the missing child report, communicate the report to every

22  other law enforcement agency having jurisdiction in the

23  county, and transmit the report for inclusion within the

24  Florida Crime Information Center computer.

25         (2)  A police report that a child is missing may be

26  filed with the law enforcement agency having jurisdiction in

27  the county or municipality in which the child was last seen

28  prior to the filing of the report, without regard to whether

29  the child resides in or has any significant contacts with that

30  county or municipality. The filing of such a report shall

31  


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    CS for CS for SB 1454                   Second Engrossed (ntc)



 1  impose the duties specified in subsection (1) upon that law

 2  enforcement agency.

 3         Section 12.  The Office of Program Policy Analysis and

 4  Government Accountability shall prepare an evaluation of child

 5  welfare legal services to be submitted to the President of the

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

 7  Governor, and the Chief Justice of the Supreme Court, by

 8  December 31, 2003. The evaluation shall consider different

 9  models of provision of legal services in dependency

10  proceedings on behalf of the state, including representation

11  by other government, for profit, or not for profit entities,

12  and include discussion of the organizational placement on the

13  cost and delivery of providing these services; the

14  organizational placement's effect on communication between

15  attorneys and caseworkers; the ability to attract, retain and

16  provide professional development opportunities for experienced

17  attorneys; and the implications of each model for the

18  attorney's professional responsibilities. Following receipt of

19  the report of this evaluation and until directed otherwise by

20  the Legislature, the department shall maintain its current

21  delivery system for the provision of child welfare legal

22  services.

23         Section 13.  This act shall take effect July 1, 2003.

24  

25  

26  

27  

28  

29  

30  

31  


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