Senate Bill sb2054c1

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    Florida Senate - 2003                           CS for SB 2054

    By the Committee on Children and Families; and Senator Lynn





    300-2152-03

  1                      A bill to be entitled

  2         An act relating to community-based care;

  3         amending s. 409.1671, F.S.; deleting the

  4         requirement for contracts for legal services in

  5         certain counties; deleting the requirement for

  6         a plan; requiring the Governor's approval of

  7         the department's methodology for transferring

  8         funds; specifying that the term "related

  9         services" includes adoption services; modifying

10         the schedule by which community-based care will

11         be implemented; requiring written certification

12         prior to transferring services; requiring an

13         evaluation and report to the Legislature;

14         deleting dates by which certain community-based

15         care activities must occur; decreasing the

16         amount of automobile liability insurance

17         required of certain community-based care

18         providers; deleting certain termination of

19         services notice requirements; requiring the

20         payment of certain administrative costs

21         incurred by lead community-based providers;

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

23         eligibility requirements for participation in

24         the community partnership matching grant

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

26         for an assessment by a family services

27         counselor and approval by a supervisor, rather

28         than a comprehensive behavioral health

29         assessment, of children in certain family

30         foster homes; providing for an evaluation by

31         the Office of Program Policy and Government

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    Florida Senate - 2003                           CS for SB 2054
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 1         Accountability of child welfare legal services;

 2         requiring a report; directing the department to

 3         continue its current delivery of child welfare

 4         legal services until directed otherwise by the

 5         Legislature; providing an effective date.

 6  

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

 8  

 9         Section 1.  Paragraphs (a), (b), (f), and (h) of

10  subsection (1) and subsections (3) and (4) of section

11  409.1671, Florida Statutes, are amended to read:

12         409.1671  Foster care and related services;

13  privatization.--

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

15  Department of Children and Family Services shall privatize the

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

17  further the Legislature's intent to encourage communities and

18  other stakeholders in the well-being of children to

19  participate in assuring that children are safe and

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

21  governments are presently funding portions of certain foster

22  care and related services programs and may choose to expand

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

24  its privatization of foster care and related services that any

25  county, municipality, or special district be required to

26  assist in funding programs that previously have been funded by

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

28  municipality, or special district from future voluntary

29  funding participation in foster care and related services. As

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

31  with competent, community-based agencies. The department must

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    Florida Senate - 2003                           CS for SB 2054
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 1  develop and the Governor must approve The department shall

 2  submit a plan to accomplish privatization statewide, through a

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

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

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

 6  from community-based providers that are currently under

 7  contract with the department to furnish community-based foster

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

 9  determining and transferring all available funds, including

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

11  earn and that portion of general revenue funds which is

12  currently associated with the services that are being

13  furnished under contract. The methodology must provide for the

14  transfer of funds appropriated and budgeted for all services

15  and programs that have been incorporated into the

16  community-based care project, including all management,

17  capital (including current furniture and equipment), and

18  administrative funds to accomplish the transfer of these

19  programs. This methodology must address expected workload and

20  at least the 3 previous years' experience in expenses and

21  workload. With respect to any district or portion of a

22  district in which privatization cannot be accomplished within

23  the 3-year timeframe, the department must clearly state in its

24  plan the reasons the timeframe cannot be met and the efforts

25  that should be made to remediate the obstacles, which may

26  include alternatives to total privatization, such as

27  public-private partnerships. As used in this section, the term

28  "related services" includes, but is not limited to, family

29  preservation, independent living, emergency shelter,

30  residential group care, foster care, therapeutic foster care,

31  intensive residential treatment, foster care supervision, case

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    Florida Senate - 2003                           CS for SB 2054
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 1  management, postplacement supervision, permanent foster care,

 2  and family reunification, and adoption services. Unless

 3  otherwise provided for, beginning in fiscal year 1999-2000,

 4  either the state attorney or the Office of the Attorney

 5  General shall provide child welfare legal services, pursuant

 6  to chapter 39 and other relevant provisions, in Sarasota,

 7  Pinellas, Pasco, Broward, and Manatee Counties.  Such legal

 8  services shall commence and be effective, as soon as

 9  determined reasonably feasible by the respective state

10  attorney or the Office of the Attorney General, after the

11  privatization of associated programs and child protective

12  investigations has occurred. When a private nonprofit agency

13  has received case management responsibilities, transferred

14  from the state under this section, for a child who is

15  sheltered or found to be dependent and who is assigned to the

16  care of the privatization project, the agency may act as the

17  child's guardian for the purpose of registering the child in

18  school if a parent or guardian of the child is unavailable and

19  his or her whereabouts cannot reasonably be ascertained. The

20  private nonprofit agency may also seek emergency medical

21  attention for such a child, but only if a parent or guardian

22  of the child is unavailable, his or her whereabouts cannot

23  reasonably be ascertained, and a court order for such

24  emergency medical services cannot be obtained because of the

25  severity of the emergency or because it is after normal

26  working hours. However, the provider may not consent to

27  sterilization, abortion, or termination of life support. If a

28  child's parents' rights have been terminated, the nonprofit

29  agency shall act as guardian of the child in all

30  circumstances.

31  

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    Florida Senate - 2003                           CS for SB 2054
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 1         (b)  It is the intent of the Legislature that the

 2  department will continue to work towards full privatization in

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

 4  system and best provides for the safety of children in the

 5  child protection system.

 6         1.  To that end, the department is directed to continue

 7  the process of privatizing services in those counties that

 8  have signed start-up contracts in place on or before May 1,

 9  2003.  However, no services shall be transferred to a

10  community-based care lead agency until the department and the

11  local community alliance have certified in writing that the

12  lead agency is fully programmatically, financially, and

13  otherwise competent and ready to deliver and be accountable

14  for those services.

15         a.  To assist them in making this determination of

16  readiness, the department and community alliance jointly shall

17  designate a technical assistance team that includes but is not

18  limited to experienced staff from successfully operating lead

19  agencies.

20         b.  The elements to be considered in determining

21  readiness must include a set of uniform criteria to be applied

22  in each location as well as criteria that acknowledge

23  differences between rural and urban counties and must be

24  incorporated into a plan for assessing and certifying the

25  readiness of community-based care lead agencies to be

26  developed by the department and submitted to the Governor, the

27  President of the Senate, and the Speaker of the House of

28  Representatives no later than October 1, 2003. Each community

29  alliance may add elements that address unique and critical

30  issues within that community to the plan for determining

31  readiness developed by the department.

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    Florida Senate - 2003                           CS for SB 2054
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 1         c.  Written certification must be provided to the

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

 3  House of Representatives prior to any services being

 4  transferred from the department to the lead agency.

 5         2.  No start-up contract for community-based care can

 6  be entered into with any lead agency after May 1, 2003,

 7  without specific statutory direction. In time for the

 8  Legislature's consideration during the 2005 session, the

 9  Executive Office of the Governor must secure an independent

10  evaluation of the status of community-based care in this

11  state, to include, at a minimum, the following:

12         a.  A determination of the specific benefits the

13  initiative has yielded for dependent children and their

14  families and a determination of any weaknesses in the

15  initiative that have not been beneficial;

16         b.  An analysis of the cost effectiveness of

17  community-based care;

18         c.  An assessment of the programmatic and financial

19  viability of each lead agency; 

20         d.  A determination of how accessibility of services

21  has been affected by the various community-based care models;

22  and

23         e.  An assessment of the relationship between each lead

24  agency and its key community stakeholders such as law

25  enforcement agencies, the courts, the department, other

26  community providers, and the Community Alliance.

27  

28  A report on the evaluation, including any recommendations for

29  modifying the statutory direction for community-based care; an

30  analysis of those locations where implementing alternatives to

31  the lead agency model, such as public-private partnerships,

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    Florida Senate - 2003                           CS for SB 2054
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 1  would be advisable; and specific recommendations for further

 2  implementation in the state's remaining counties shall be

 3  submitted by the Executive Office of the Governor to the

 4  President of the Senate, and the Speaker of the House of

 5  Representatives by January 31, 2005. by initiating the

 6  competitive procurement process in each county by January 1,

 7  2003. In order to provide for an adequate transition period to

 8  develop the necessary administrative and service delivery

 9  capacity in each community, the full transfer of all foster

10  care and related services must be completed statewide by

11  December 31, 2004.

12         (f)  Other than an entity to which s. 768.28 applies,

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

14  paragraph (c), or its employees or officers, except as

15  otherwise provided in paragraph (g), must, as a part of its

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

17  per incident in general liability insurance coverage. The

18  eligible lead community-based provider must also require that

19  staff who transport client children and families in their

20  personal automobiles in order to carry out their job

21  responsibilities obtain minimum bodily injury liability

22  insurance in the amount of $25,000 $100,000 per claim, $50,000

23  $300,000 per incident, on their personal automobiles. In any

24  tort action brought against such an eligible lead

25  community-based provider or employee, net economic damages

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

27  $100,000 per automobile claim, including, but not limited to,

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

29  earning capacity, offset by any collateral source payment paid

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

31  eligible lead community-based provider, noneconomic damages

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

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

 3  amount exceeding the limits specified in this paragraph. Any

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

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

 6  768.76. The lead community-based provider shall not be liable

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

 8  officers, agents, or employees of its subcontractors.

 9         (h)  Any subcontractor of an eligible lead

10  community-based provider, as defined in paragraph (c), which

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

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

13  as otherwise provided in paragraph (g), must, as a part of its

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

15  per incident in general liability insurance coverage. The

16  subcontractor of an eligible lead community-based provider

17  must also require that staff who transport client children and

18  families in their personal automobiles in order to carry out

19  their job responsibilities obtain minimum bodily injury

20  liability insurance in the amount of $25,000 $100,000 per

21  claim, $50,000 $300,000 per incident, on their personal

22  automobiles. In any tort action brought against such

23  subcontractor or employee, net economic damages shall be

24  limited to $1 million per liability claim and $100,000 per

25  automobile claim, including, but not limited to, past and

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

27  capacity, offset by any collateral source payment paid or

28  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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    Florida Senate - 2003                           CS for SB 2054
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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         (3)(a)  In order to help ensure a seamless child

 5  protection system, the department shall ensure that contracts

 6  entered into with community-based agencies pursuant to this

 7  section include provisions for a  case-transfer process to

 8  determine the date that the community-based agency will

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

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

11  protective investigation and the initiation of service

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

13  conclusion of an investigation, the department must provide a

14  complete summary of the findings of the investigation to the

15  community-based agency.

16         (b)  The contracts must also ensure that each

17  community-based agency shall furnish information on its

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

19  not discontinue services on any voluntary case without prior

20  written notification to the department 30 days before planned

21  case closure. If the department disagrees with the recommended

22  case closure date, written notification to the provider must

23  be provided before the case closure date.

24         (c)  The contract between the department and

25  community-based agencies must include provisions that specify

26  the procedures to be used by the parties to resolve

27  differences in interpreting the contract or to resolve

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

29  their respective obligations under the contract.

30         (d)  Each contract with an eligible lead

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

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    Florida Senate - 2003                           CS for SB 2054
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 1  department to the provider of a reasonable administrative cost

 2  in addition to funding for the provision of services.

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

 4  assurance program for privatized services. The quality

 5  assurance program shall be based on standards established by a

 6  national accrediting organization such as the Council on

 7  Accreditation of Services for Families and Children, Inc.

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

 9  The department may develop a request for proposal for such

10  oversight. This program must be developed and administered at

11  a statewide level. The Legislature intends that the department

12  be permitted to have limited flexibility to use funds for

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

14  2000, the department may transfer up to 0.125 percent of the

15  total funds from categories used to pay for these

16  contractually provided services, but the total amount of such

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

18  When necessary, the department may establish, in accordance

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

20  devoted to these functions. Any positions required under this

21  paragraph may be established, notwithstanding ss.

22  216.262(1)(a) and 216.351. The department, in consultation

23  with the community-based agencies that are undertaking the

24  privatized projects, shall establish minimum thresholds for

25  each component of service, consistent with standards

26  established by the Legislature and the Federal Government.

27  Each program operated under contract with a community-based

28  agency must be evaluated annually by the department. The

29  department shall submit an annual report regarding quality

30  performance, outcome measure attainment, and cost efficiency

31  to the President of the Senate, the Speaker of the House of

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 1  Representatives, the minority leader of each house of the

 2  Legislature, and the Governor no later than January 31 of each

 3  year for each project in operation during the preceding fiscal

 4  year.

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

 6  recommendations to the Governor and the Legislature for future

 7  program and funding priorities in the child welfare system.

 8         Section 2.  Section 409.16745, Florida Statutes, is

 9  amended to read:

10         409.16745  Community partnership matching grant

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

12  services and local participation in community-based care

13  initiatives by fostering community support and providing

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

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

16  community partnership matching grant program to be operated by

17  the Department of Children and Family Services for the purpose

18  of encouraging local participation in community-based care for

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

20  government entity that makes a financial commitment to a

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

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

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

24  $825,000 in start up funds, from any local resources otherwise

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

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

27  million per council or local government entity. Awarded

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

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

30  local government entity that meets

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

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    Florida Senate - 2003                           CS for SB 2054
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 1  requirements and can be reasonably expected to reduce the

 2  number of children entering the child welfare system. To

 3  ensure necessary flexibility for the development, start up,

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

 5  notice period required for any budget action authorized by the

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

 7  program; however, the Department of Children and Family

 8  Services must provide copies of all such actions to the

 9  Executive Office of the Governor and Legislature within 72

10  hours of their occurrence. Funding available for the matching

11  grant program is subject to legislative appropriation of

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

13  provided for the purpose.

14         Section 3.  Subsection (3) of section 409.175, Florida

15  Statutes, is amended to read:

16         409.175  Licensure of family foster homes, residential

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

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

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

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

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

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

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

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

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

26  appropriate adult supervision, and the background, experience,

27  and skill of the family foster parents.

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

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

30  assessment a comprehensive behavioral health assessment of

31  each child to be placed in the home must be completed by a

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 1  family services counselor and approved in writing by the

 2  counselor's supervisor prior to placement of any additional

 3  children in the home, except that, if the placement involves a

 4  child whose sibling is already in the home or a child who has

 5  been in placement in the home previously, the assessment must

 6  be completed within 72 hours after placement. The

 7  comprehensive behavioral health assessment must comply with

 8  Medicaid rules and regulations, assess and document the

 9  mental, physical, and psychosocial needs of the child, and

10  recommend the maximum number of children in a family foster

11  home that will allow the child's needs to be met.

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

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

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

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

16  licensure study at the time of relicensure that the total

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

18  have been no substantive licensure violations and no

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

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

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

22  the home.

23         Section 4.  The Office of Program Policy and Government

24  Accountability shall prepare an evaluation of child welfare

25  legal services to be submitted to the Governor, the President

26  of the Senate, the Speaker of the House of Representatives,

27  and the Chief Justice of the Supreme Court by December 31,

28  2003. The evaluation shall consider the different models of

29  provision of legal services in dependency proceedings on

30  behalf of the state, including representation by other

31  government, for profit, or not-for-profit entities, and

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 1  include discussion of the organizational placement on the cost

 2  and delivery of providing these services; the organizational

 3  placement's effect on communication between attorneys and

 4  caseworkers; the ability to attract, retain, and provide

 5  professional development opportunities for experienced

 6  attorneys; and the implications of each model for the

 7  attorney's professional responsibilities. Following receipt of

 8  the report of this evaluation and until directed otherwise by

 9  the Legislature, the department shall maintain its current

10  delivery system for child welfare legal services.

11         Section 5.  This act shall take effect July 1, 2003.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 2054

15                                 

16  Deletes the provision authorizing the Department of Children
    and Families to transfer funds associated with child welfare
17  legal services to Community-Based Care (CBC) Lead Agencies;

18  Deletes the change to the limit on the amount of economic
    damages that can be awarded in a tort action against staff who
19  transport clients in their own vehicles;

20  Directs the Office of Program Policy and Government
    Accountability to evaluate child welfare legal services,
21  specifies elements of the evaluation, and requires a report to
    the Legislature, Governor, and the Chief Justice of the
22  Supreme Court by December 31, 2003;

23  Prohibits the department from changing the way it delivers
    child welfare legal services until statutorily directed to do
24  so;

25  Removes the statutorily-set date by which Community-Based Care
    must be implemented statewide; provides direction for
26  continuing the implementation; and requires the Executive
    Office of the Governor to secure an evaluation of the status
27  of Community-Based Care and to report to the Legislature by
    January 31, 2005; and
28  
    Removes the provisions relating to revenue maximization.
29  

30  

31  

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