CS/HB 1309

1
A bill to be entitled
2An act relating to adoption and child protection; amending
3s. 39.001, F.S.; redesignating the Office of Child Abuse
4Prevention as the Office of Adoption and Child Protection;
5revising the purpose of the office; providing for a Chief
6Child Advocate and providing duties therefor; providing
7duties and responsibilities of the office; providing for
8the promotion of adoption and support of adoptive families
9in the state plan of the office; establishing the Child
10Abuse Prevention and Permanency Advisory Council and
11providing for composition thereof; providing additional
12purposes for district plans of action; creating s.
1339.0011, F.S.; authorizing the office to establish a
14direct-support organization; providing purposes,
15requirements, and objectives; providing for members of a
16board of directors of the direct-support organization;
17requiring the organization to operate under contract with
18the office; providing guidelines for the use of funds;
19amending ss. 39.0014 and 39.01, F.S.; conforming
20references to changes made by the act; creating s.
21409.1661, F.S.; establishing a subsidized adoption
22program; providing legislative intent; providing
23definitions; providing for administration of the program;
24providing for waiver of certain adoption fees; requiring
25the Department of Children and Family Services to adopt
26rules; providing an appropriation; providing a contingent
27effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsections (6) through (9) of section 39.001,
32Florida Statutes, are amended to read:
33     39.001  Purposes and intent; personnel standards and
34screening.--
35     (6)  LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
36ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known
37child abuse, abandonment, and neglect has increased rapidly over
38the past 5 years. The impact that abuse, abandonment, or neglect
39has on the victimized child, siblings, family structure, and
40inevitably on all citizens of the state has caused the
41Legislature to determine that the prevention of child abuse,
42abandonment, and neglect shall be a priority of this state. To
43further this end, it is the intent of the Legislature that an
44Office of Adoption and Child Protection Abuse Prevention be
45established.
46     (7)  OFFICE OF ADOPTION AND CHILD PROTECTION ABUSE
47PREVENTION.--
48     (a)  For purposes of establishing a comprehensive statewide
49approach for the promotion of adoption, support of adoptive
50families, and prevention of child abuse, abandonment, and
51neglect, the Office of Adoption and Child Protection Abuse
52Prevention is created within the Executive Office of the
53Governor. The Governor shall appoint a Chief Child Advocate
54director for the office who shall be subject to confirmation by
55the Senate.
56     (b)  The Chief Child Advocate director shall:
57     1.  Assist in developing rules pertaining to the promotion
58of adoption, support of adoptive families, and implementation of
59child abuse prevention efforts.
60     2.  Act as the Governor's liaison with state agencies,
61other state governments, and the public and private sectors on
62matters that relate to the promotion of adoption, support of
63adoptive families, and child abuse prevention.
64     3.  Work to secure funding and other support for the
65state's promotion of adoption, support of adoptive families, and
66child abuse prevention efforts, including, but not limited to,
67establishing cooperative relationships among state and private
68agencies.
69     4.  Develop a strategic program and funding initiative that
70links the separate jurisdictional activities of state agencies
71with respect to promotion of adoption, support of adoptive
72families, and child abuse prevention. The office may designate
73lead and contributing agencies to develop such initiatives.
74     5.  Advise the Governor and the Legislature on statistics
75related to the promotion of adoption, support of adoptive
76families, and child abuse prevention trends in this state, the
77status of current adoption programs and services, current child
78abuse prevention programs and services, the funding of adoption,
79support of adoptive families, and child abuse prevention those
80programs and services, and the status of the office with regard
81to the development and implementation of the state strategy for
82the promotion of adoption, support of adoptive families, and
83child abuse prevention strategy.
84     6.  Develop child abuse prevention public awareness
85campaigns to be implemented throughout the state for the
86promotion of adoption, support of adoptive families, and child
87abuse prevention.
88     (c)  The office is authorized and directed to:
89     1.  Oversee the preparation and implementation of the state
90plan established under subsection (8) and revise and update the
91state plan as necessary.
92     2.  Provide for or make available continuing professional
93education and training in the prevention of child abuse and
94neglect.
95     3.  Work to secure funding in the form of appropriations,
96gifts, and grants from the state, the Federal Government, and
97other public and private sources in order to ensure that
98sufficient funds are available for the promotion of adoption,
99support of adoptive families, and child abuse prevention
100efforts.
101     4.  Make recommendations pertaining to agreements or
102contracts for the establishment and development of:
103     a.  Programs and services for the promotion of adoption,
104support of adoptive families, and prevention of child abuse and
105neglect.
106     b.  Training programs for the prevention of child abuse and
107neglect.
108     c.  Multidisciplinary and discipline-specific training
109programs for professionals with responsibilities affecting
110children, young adults, and families.
111     d.  Efforts to promote adoption.
112     e.  Postadoptive services to support adoptive families.
113     5.  Monitor, evaluate, and review the development and
114quality of local and statewide services and programs for the
115promotion of adoption, support of adoptive families, and
116prevention of child abuse and neglect and shall publish and
117distribute an annual report of its findings on or before January
1181 of each year to the Governor, the Speaker of the House of
119Representatives, the President of the Senate, the secretary of
120each state agency affected by the report, and the appropriate
121substantive committees of the Legislature. The report shall
122include:
123     a.  A summary of the activities of the office.
124     b.  A summary of the adoption data collected and reported
125to the federal Adoption and Foster Care Analysis and Reporting
126System (AFCARS) and the federal Administration for Children and
127Families.
128     c.  A summary of the child abuse prevention data collected
129and reported to the National Child Abuse and Neglect Data System
130(NCANDS) and the federal Administration for Children and
131Families.
132     d.b.  A summary detailing the timeliness of the adoption
133process for children adopted from within the child welfare
134system demographic and geographic characteristics of families
135served by the prevention programs.
136     e.c.  Recommendations, by state agency, for the further
137development and improvement of services and programs for the
138promotion of adoption, support of adoptive families, and
139prevention of child abuse and neglect.
140     f.d.  The Budget requests, adoption promotion and support
141needs, and child abuse prevention program needs by state agency.
142     6.  Work with the direct-support organization established
143under s. 39.0011 to receive financial assistance.
144     (8)  PLAN FOR COMPREHENSIVE APPROACH.--
145     (a)  The office shall develop a state plan for the
146promotion of adoption, support of adoptive families, and
147prevention of abuse, abandonment, and neglect of children and
148shall submit the state plan to the Speaker of the House of
149Representatives, the President of the Senate, and the Governor
150no later than December 31, 2008 2007. The Department of Children
151and Family Services, the Department of Corrections, the
152Department of Education, the Department of Health, the
153Department of Juvenile Justice, the Department of Law
154Enforcement, the Agency for Persons with Disabilities, and the
155Agency for Workforce Innovation shall participate and fully
156cooperate in the development of the state plan at both the state
157and local levels. Furthermore, appropriate local agencies and
158organizations shall be provided an opportunity to participate in
159the development of the state plan at the local level.
160Appropriate local groups and organizations shall include, but
161not be limited to, community mental health centers; guardian ad
162litem programs for children under the circuit court; the school
163boards of the local school districts; the Florida local advocacy
164councils; community-based care lead agencies; private or public
165organizations or programs with recognized expertise in working
166with child abuse prevention programs for children and families;
167private or public organizations or programs with recognized
168expertise in working with children who are sexually abused,
169physically abused, emotionally abused, abandoned, or neglected
170and with expertise in working with the families of such
171children; private or public programs or organizations with
172expertise in maternal and infant health care; multidisciplinary
173child protection teams; child day care centers; law enforcement
174agencies; and the circuit courts, when guardian ad litem
175programs are not available in the local area. The state plan to
176be provided to the Legislature and the Governor shall include,
177as a minimum, the information required of the various groups in
178paragraph (b).
179     (b)  The development of the state plan shall be
180accomplished in the following manner:
181     1.  The office shall establish a Child Abuse Prevention and
182Permanency Advisory Council composed of an adoptive parent who
183has adopted a child from within the child welfare system and
184representatives from each state agency and appropriate local
185agencies and organizations specified in paragraph (a). The
186advisory council shall serve as the research arm of the office
187and shall be responsible for:
188     a.  Assisting in developing a plan of action for better
189coordination and integration of the goals, activities, and
190funding pertaining to the promotion and support of adoption and
191the prevention of child abuse, abandonment, and neglect
192conducted by the office in order to maximize staff and resources
193at the state level. The plan of action shall be included in the
194state plan.
195     b.  Assisting in providing a basic format to be utilized by
196the districts in the preparation of local plans of action in
197order to provide for uniformity in the district plans and to
198provide for greater ease in compiling information for the state
199plan.
200     c.  Providing the districts with technical assistance in
201the development of local plans of action, if requested.
202     d.  Assisting in examining the local plans to determine if
203all the requirements of the local plans have been met and, if
204they have not, informing the districts of the deficiencies and
205requesting the additional information needed.
206     e.  Assisting in preparing the state plan for submission to
207the Legislature and the Governor. Such preparation shall include
208the incorporation into the state plan of information obtained
209from the local plans, the cooperative plans with the members of
210the advisory council, and the plan of action for coordination
211and integration of state departmental activities. The state plan
212shall include a section reflecting general conditions and needs,
213an analysis of variations based on population or geographic
214areas, identified problems, and recommendations for change. In
215essence, the state plan shall provide an analysis and summary of
216each element of the local plans to provide a statewide
217perspective. The state plan shall also include each separate
218local plan of action.
219     f.  Conducting a feasibility study on the establishment of
220a Children's Cabinet.
221     g.  Working with the specified state agency in fulfilling
222the requirements of subparagraphs 2., 3., 4., and 5.
223     2.  The office, the department, the Department of
224Education, and the Department of Health shall work together in
225developing ways to inform and instruct parents of school
226children and appropriate district school personnel in all school
227districts in the detection of child abuse, abandonment, and
228neglect and in the proper action that should be taken in a
229suspected case of child abuse, abandonment, or neglect, and in
230caring for a child's needs after a report is made. The plan for
231accomplishing this end shall be included in the state plan.
232     3.  The office, the department, the Department of Law
233Enforcement, and the Department of Health shall work together in
234developing ways to inform and instruct appropriate local law
235enforcement personnel in the detection of child abuse,
236abandonment, and neglect and in the proper action that should be
237taken in a suspected case of child abuse, abandonment, or
238neglect.
239     4.  Within existing appropriations, the office shall work
240with other appropriate public and private agencies to emphasize
241efforts to educate the general public about the problem of and
242ways to detect child abuse, abandonment, and neglect and in the
243proper action that should be taken in a suspected case of child
244abuse, abandonment, or neglect. The plan for accomplishing this
245end shall be included in the state plan.
246     5.  The office, the department, the Department of
247Education, and the Department of Health shall work together on
248the enhancement or adaptation of curriculum materials to assist
249instructional personnel in providing instruction through a
250multidisciplinary approach on the identification, intervention,
251and prevention of child abuse, abandonment, and neglect. The
252curriculum materials shall be geared toward a sequential program
253of instruction at the four progressional levels, K-3, 4-6, 7-9,
254and 10-12. Strategies for encouraging all school districts to
255utilize the curriculum are to be included in the state plan for
256the prevention of child abuse, abandonment, and neglect.
257     6.  Each district of the department shall develop a plan
258for its specific geographical area. The plan developed at the
259district level shall be submitted to the advisory council for
260utilization in preparing the state plan. The district local plan
261of action shall be prepared with the involvement and assistance
262of the local agencies and organizations listed in this
263paragraph, as well as representatives from those departmental
264district offices participating in the promotion of adoption,
265support of adoptive families, and treatment and prevention of
266child abuse, abandonment, and neglect. In order to accomplish
267this, the office shall establish a task force on the promotion
268of adoption, support of adoptive families, and prevention of
269child abuse, abandonment, and neglect. The office shall appoint
270the members of the task force in accordance with the membership
271requirements of this section. The office shall ensure that
272individuals from both urban and rural areas and an adoptive
273parent who has adopted a child from within the child welfare
274system are represented on the task force. The task force shall
275develop a written statement clearly identifying its operating
276procedures, purpose, overall responsibilities, and method of
277meeting responsibilities. The district plan of action to be
278prepared by the task force shall include, but shall not be
279limited to:
280     a.  Documentation of the magnitude of the problems of child
281abuse, including sexual abuse, physical abuse, and emotional
282abuse, and child abandonment and neglect in its geographical
283area.
284     b.  A description of programs currently serving abused,
285abandoned, and neglected children and their families and a
286description of programs for the prevention of child abuse,
287abandonment, and neglect, including information on the impact,
288cost-effectiveness, and sources of funding of such programs.
289     c.  Information concerning the number of children within
290the child welfare system available for adoption who need child-
291specific adoption promotion efforts.
292     d.  A description of programs currently promoting and
293supporting adoptive families, including information on the
294impact, cost-effectiveness, and sources of funding of such
295programs.
296     e.  A description of a comprehensive approach for providing
297postadoption services. The continuum of services shall include,
298but not be limited to, sufficient and accessible parent and teen
299support groups; case management, information, and referral
300services; and educational advocacy.
301     f.c.  A continuum of programs and services necessary for a
302comprehensive approach to the promotion of adoption and the
303prevention of all types of child abuse, abandonment, and neglect
304as well as a brief description of such programs and services.
305     g.d.  A description, documentation, and priority ranking of
306local needs related to the promotion of adoption, support of
307adoptive families, and prevention of child abuse, abandonment,
308and neglect prevention based upon the continuum of programs and
309services.
310     h.e.  A plan for steps to be taken in meeting identified
311needs, including the coordination and integration of services to
312avoid unnecessary duplication and cost, and for alternative
313funding strategies for meeting needs through the reallocation of
314existing resources, utilization of volunteers, contracting with
315local universities for services, and local government or private
316agency funding.
317     i.f.  A description of barriers to the accomplishment of a
318comprehensive approach to the promotion of adoption, support of
319adoptive families, and prevention of child abuse, abandonment,
320and neglect.
321     j.g.  Recommendations for changes that can be accomplished
322only at the state program level or by legislative action.
323     (9)  FUNDING AND SUBSEQUENT PLANS.--
324     (a)  All budget requests submitted by the office, the
325department, the Department of Health, the Department of
326Education, the Department of Juvenile Justice, the Department of
327Corrections, the Agency for Persons with Disabilities, the
328Agency for Workforce Innovation, or any other agency to the
329Legislature for funding of efforts for the promotion of
330adoption, support of adoptive families, and prevention of child
331abuse, abandonment, and neglect shall be based on the state plan
332developed pursuant to this section.
333     (b)  The office and the other agencies and organizations
334listed in paragraph (8)(a) shall readdress the state plan and
335make necessary revisions every 5 years, at a minimum. Such
336revisions shall be submitted to the Speaker of the House of
337Representatives and the President of the Senate no later than
338June 30 of each year divisible by 5. At least biennially, the
339office shall review the state plan and make any necessary
340revisions based on changing needs and program evaluation
341results. An annual progress report shall be submitted to update
342the state plan in the years between the 5-year intervals. In
343order to avoid duplication of effort, these required plans may
344be made a part of or merged with other plans required by either
345the state or Federal Government, so long as the portions of the
346other state or Federal Government plan that constitute the state
347plan for the promotion of adoption, support of adoptive
348families, and prevention of child abuse, abandonment, and
349neglect are clearly identified as such and are provided to the
350Speaker of the House of Representatives and the President of the
351Senate as required above.
352     Section 2.  Section 39.0011, Florida Statutes, is created
353to read:
354     39.0011  Direct-support organization.--
355     (1)  The Office of Adoption and Child Protection may
356establish a direct-support organization to assist the state in
357carrying out its purposes and responsibilities regarding the
358promotion of adoption, support of adoptive families, and
359prevention of child abuse, abandonment, and neglect by raising
360money; submitting requests for and receiving grants from the
361Federal Government, the state or its political subdivisions,
362private foundations, and individuals; and making expenditures to
363or for the benefit of the office. The sole purpose for the
364direct-support organization is to support the office. Such a
365direct-support organization is an organization that is:
366     (a)  Incorporated under chapter 617 and approved by the
367Department of State as a Florida corporation not for profit;
368     (b)  Organized and operated to make expenditures to or for
369the benefit of the office; and
370     (c)  Approved by the office to be operating for the benefit
371of and in a manner consistent with the goals of the office and
372in the best interest of the state.
373     (2)  The number of members on the board of directors of the
374direct-support organization shall be determined by the Chief
375Child Advocate. Membership on the board of directors of the
376direct-support organization shall include, but not be limited
377to, a guardian ad litem; a member of a local advocacy council; a
378representative from a community-based care lead agency; a
379representative from a private or public organization or program
380with recognized expertise in working with child abuse prevention
381programs for children and families; a representative of a
382private or public organization or program with recognized
383expertise in working with children who are sexually abused,
384physically abused, emotionally abused, abandoned, or neglected
385and with expertise in working with the families of such
386children; an individual working at a state adoption agency; and
387the parent of a child adopted from within the child welfare
388system.
389     (3)  The direct-support organization shall operate under
390written contract with the office.
391     (4)  All moneys received by the direct-support organization
392shall be deposited into an account of the direct-support
393organization and shall be used by the organization in a manner
394consistent with the goals of the office.
395     Section 3.  Section 39.0014, Florida Statutes, is amended
396to read:
397     39.0014  Responsibilities of public agencies.--All state,
398county, and local agencies shall cooperate, assist, and provide
399information to the Office of Adoption and Child Protection Abuse
400Prevention and the department as will enable them to fulfill
401their responsibilities under this chapter.
402     Section 4.  Subsection (45) of section 39.01, Florida
403Statutes, is amended to read:
404     39.01  Definitions.--When used in this chapter, unless the
405context otherwise requires:
406     (45)  "Office" means the Office of Adoption and Child
407Protection Abuse Prevention within the Executive Office of the
408Governor.
409     Section 5.  Section 409.1661, Florida Statutes, is created
410to read:
411     409.1661  Subsidized adoption program.--
412     (1)  LEGISLATIVE INTENT.--It is the intent of the
413Legislature to protect and promote every child's right to the
414security and stability of a permanent family home. The
415Legislature intends to make available to prospective adoptive
416parents financial aid that will enable them to adopt a child. It
417is also the intent of the Legislature that the best interest of
418the child shall be the deciding factor in every case.
419     (2)  DEFINITIONS.--As used in this section, the term:
420     (a)  "Child within the child welfare system" means a
421special needs child as defined in s. 409.166 and any other child
422who was removed from the child's caregiver due to abuse or
423neglect and whose permanent custody has been awarded to the
424department or to a licensed child-placing agency.
425     (b)  "Subsidy" means money payments.
426     (3)  ADMINISTRATION OF PROGRAM.--
427     (a)  The department shall provide to adoptive parents for
428the support and maintenance of a child within the child welfare
429system until the 18th birthday of the child a subsidy payment in
430an amount of $5,000 annually or an amount less than $5,000
431annually as determined by the adoptive parents and the
432department and memorialized in a written agreement with the
433department. However, the amount of the adoption subsidy payment
434shall only exceed $5,000 annually when the secretary approves a
435higher enhanced rate due to circumstances such as, but not
436limited to, a child's need for extensive care and supervision.
437     (b)  The department shall keep the necessary data and
438records to evaluate the effectiveness of the program in
439promoting adoption and supporting adoptive families. The
440department shall provide this information to the Office of
441Adoption and Child Protection.
442     (4)  WAIVER OF ADOPTION FEES FOR A CHILD WITHIN THE CHILD
443WELFARE SYSTEM.--Adoption fees shall be waived for an adoptive
444parent in the program who adopts a child who is in the custody
445of the department. Adoption fees may be waived for families who
446adopt children in the custody of licensed child-placing
447agencies, or who adopt children through independent adoptions,
448and who receive or may be eligible for subsidies through the
449department. Retroactive reimbursement of fees may not be
450required for families who adopt children in the custody of
451licensed child-placing agencies.
452     (5)  RULEMAKING.--The department shall adopt rules pursuant
453to ss. 120.536(1) and 120.54 to implement the provisions of this
454section.
455     Section 6.  The sum of $1,519,811 in recurring funds is
456appropriated from the General Revenue Fund to the Executive
457Office of the Governor for the purposes of implementing the
458Office of Adoption and Child Protection as provided in sections
45939.001, 39.0014, and 39.01, Florida Statutes, as amended by this
460act, and section 39.0011, Florida Statutes, as created by this
461act.
462     Section 7.  This act shall take effect July 1, 2007, except
463that section 409.1661, Florida Statutes, as created by this act,
464shall only take effect subject to a specific appropriation in
465the General Appropriations Act for fiscal year 2007-2008.


CODING: Words stricken are deletions; words underlined are additions.