Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 531772
CHAMBER ACTION
Senate House
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04/24/2007 01:59 PM .
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11 The Committee on Health and Human Services Appropriations
12 (Peaden) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 9, line 28, through
16 page 16, line 29, delete those lines
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18 and insert:
19 6. Each district of the department shall develop a
20 local plan of action for its specific geographical area. The
21 plan developed at the district level shall be submitted to the
22 advisory council for utilization in preparing the state plan.
23 The district local plan of action shall be prepared with the
24 involvement and assistance of the local agencies and
25 organizations listed in this paragraph, as well as
26 representatives from those departmental district offices
27 participating in the promotion of adoption, support of
28 adoptive families, and treatment and prevention of child
29 abuse, abandonment, and neglect. In order to accomplish this,
30 the office shall establish a task force on the promotion of
31 adoption, support of adoptive families, and prevention of
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 531772
1 child abuse, abandonment, and neglect. The office shall
2 appoint the members of the task force in accordance with the
3 membership requirements of this section. The office shall
4 ensure that individuals from both urban and rural areas and an
5 adoptive parent who has adopted a child from within the child
6 welfare system are represented on the task force. The task
7 force shall develop a written statement clearly identifying
8 its operating procedures, purpose, overall responsibilities,
9 and method of meeting responsibilities. The local district
10 plan of action to be prepared by the task force must shall
11 include, but shall not be limited to:
12 a. Documentation of the magnitude of the problems of
13 child abuse, including sexual abuse, physical abuse, and
14 emotional abuse, and child abandonment and neglect in its
15 geographical area.
16 b. A description of programs currently serving abused,
17 abandoned, and neglected children and their families and a
18 description of programs for the prevention of child abuse,
19 abandonment, and neglect, including information on the impact,
20 cost-effectiveness, and sources of funding of such programs.
21 c. Information concerning the number of children
22 within the child welfare system who are available for adoption
23 and who need child-specific adoption promotion efforts.
24 d. A description of programs currently promoting and
25 supporting adoptive families, including information concerning
26 the results, cost-effectiveness, and sources of funding of
27 such programs.
28 e. A description of a comprehensive strategy for
29 providing postadoption services. The continuum of services
30 must include, but need not be limited to, sufficient and
31 accessible parent and teen support groups; case management,
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 531772
1 information, and referral services; and educational advocacy.
2 f.c. A continuum of programs and services necessary
3 for providing a comprehensive approach to the promotion of
4 adoption and the prevention of all types of child abuse,
5 abandonment, and neglect as well as a brief description of
6 such programs and services.
7 g.d. A description, documentation, and priority
8 ranking of local needs related to the promotion of adoption,
9 support of adoptive parents, and prevention of child abuse,
10 abandonment, and neglect prevention based upon the continuum
11 of programs and services.
12 h.e. A plan for steps to be taken in meeting
13 identified needs, including the coordination and integration
14 of services to avoid unnecessary duplication and cost, and for
15 alternative funding strategies for meeting needs through the
16 reallocation of existing resources, utilization of volunteers,
17 contracting with local universities for services, and local
18 government or private agency funding.
19 i.f. A description of barriers to the accomplishment
20 of a comprehensive approach to the promotion of adoption,
21 support of adoptive families, and prevention of child abuse,
22 abandonment, and neglect.
23 j.g. Recommendations for changes that can be
24 accomplished only at the state program level or by legislative
25 action.
26 (9) FUNDING AND SUBSEQUENT PLANS.--
27 (a) All budget requests submitted by the office, the
28 department, the Department of Health, the Department of
29 Education, the Department of Juvenile Justice, the Department
30 of Corrections, the Agency for Persons with Disabilities, the
31 Agency for Workforce Innovation, or any other agency to the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 531772
1 Legislature for funding of efforts for the promotion of
2 adoption, support of adoptive families, and prevention of
3 child abuse, abandonment, and neglect must shall be based on
4 the state plan developed pursuant to this section.
5 (b) The office and the other agencies and
6 organizations listed in paragraph (8)(a) shall readdress the
7 state plan and make necessary revisions every 5 years, at a
8 minimum. Such revisions shall be submitted to the Speaker of
9 the House of Representatives and the President of the Senate
10 no later than June 30 of each year divisible by 5. At least
11 biennially, the office shall review the state plan and make
12 any necessary revisions based on changing needs and program
13 evaluation results. An annual progress report shall be
14 submitted to update the state plan in the years between the
15 5-year intervals. In order to avoid duplication of effort,
16 these required plans may be made a part of or merged with
17 other plans required by either the state or Federal
18 Government, so long as the portions of the other state or
19 Federal Government plan that constitute the state plan for the
20 promotion of adoption, support of adoptive families, and
21 prevention of child abuse, abandonment, and neglect are
22 clearly identified as such and are provided to the Speaker of
23 the House of Representatives and the President of the Senate
24 as required above.
25 Section 2. Section 39.0011, Florida Statutes, is
26 created to read:
27 39.0011 Direct-support organization.--
28 (1) The Office of Adoption and Child Protection,
29 established under s. 39.001, may establish a direct-support
30 organization to assist the state in carrying out its purposes
31 and responsibilities regarding the promotion of adoption,
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 531772
1 support of adoptive families, and prevention of child abuse,
2 abandonment, and neglect by raising money; submitting requests
3 for and receiving grants from the Federal Government, the
4 state or its political subdivisions, private foundations, and
5 individuals; and making expenditures to or for the benefit of
6 the office. The sole purpose for the direct-support
7 organization is to support the office. The direct-support
8 organization must be:
9 (a) Incorporated under chapter 617 and approved by the
10 Department of State as a Florida not-for-profit corporation;
11 (b) Organized and operated to make expenditures to or
12 for the benefit of the office; and
13 (c) Approved by the office to be operating for the
14 benefit of and in a manner consistent with the goals of the
15 office and in the best interest of the state.
16 (2) The number of members on the board of directors of
17 the direct-support organization shall be determined by the
18 Chief Child Advocate. Membership on the board of directors of
19 the direct-support organization shall include, but need not be
20 limited to, a guardian ad litem; a member of a local advocacy
21 council; a representative from a community-based care lead
22 agency; a representative from a private or public organization
23 or program having recognized expertise in working with child
24 abuse prevention programs for children and families; a
25 representative of a private or public organization or program
26 with recognized expertise in working with children who are
27 sexually abused, physically abused, emotionally abused,
28 abandoned, or neglected and having expertise in working with
29 the families of such children; an individual working at a
30 state adoption agency; and the parent of a child adopted from
31 within the child welfare system.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 531772
1 (3) The direct-support organization shall operate
2 under written contract with the office.
3 (4) All moneys received by the direct-support
4 organization must be deposited into an account of the
5 direct-support organization and be used by the organization in
6 a manner consistent with the goals of the office.
7 Section 3. Section 39.0014, Florida Statutes, is
8 amended to read:
9 39.0014 Responsibilities of public agencies.--All
10 state, county, and local agencies shall cooperate, assist, and
11 provide information to the Office of Adoption and Child
12 Protection Abuse Prevention and the department as will enable
13 them to fulfill their responsibilities under this chapter.
14 Section 4. Subsection (45) of section 39.01, Florida
15 Statutes, is amended to read:
16 39.01 Definitions.--When used in this chapter, unless
17 the context otherwise requires:
18 (45) "Office" means the Office of Adoption and Child
19 Protection Abuse Prevention within the Executive Office of the
20 Governor.
21 Section 5. Section 409.1661, Florida Statutes, is
22 created to read:
23 409.1661 Subsidized adoption program.--
24 (1) LEGISLATIVE INTENT.--It is the intent of the
25 Legislature to protect and promote every child's right to the
26 security and stability of a permanent family home. The
27 Legislature intends to make available to prospective adoptive
28 parents financial aid that will enable them to adopt a child.
29 It is also the intent of the Legislature that the best
30 interest of the child shall be the deciding factor in every
31 case.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1388
Barcode 531772
1 (2) DEFINITIONS.--As used in this section, the term:
2 (a) "Child within the child welfare system" means a
3 special needs child as defined in s. 409.166 and any other
4 child who was removed from the child's caregiver due to abuse
5 or neglect and whose permanent custody has been awarded to the
6 department or to a licensed child-placing agency.
7 (b) "Subsidy" means money payments.
8 (3) ADMINISTRATION OF PROGRAM.--
9 (a) The department shall pay for the support and
10 maintenance of a child within the child welfare system until
11 the 18th birthday of the child, a payment in an amount of
12 $5,000 annually or an amount less than $5,000 annually as
13 determined by the adoptive parents and memorialized in a
14 written agreement with the department. However, the amount of
15 the adoption subsidy payment shall only exceed $5,000 annually
16 when the secretary approves a higher enhanced rate due to
17 circumstances such as, but not limited to, a child's need for
18 extensive care and supervision.
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22 And the title is amended as follows:
23 On page 1, lines 14-20, delete those lines
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25 and insert:
26 for its composition; providing additional
27 purposes for
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