Senate Bill sb1388c2

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    Florida Senate - 2007                    CS for CS for SB 1388

    By the Committees on Health and Human Services Appropriations;
    Children, Families, and Elder Affairs; and Senators Storms,
    Fasano, Baker, Joyner and Gaetz



    603-2630-07

  1                      A bill to be entitled

  2         An act relating to adoption and child

  3         protection; amending s. 39.001, F.S.;

  4         redesignating the Office of Child Abuse

  5         Prevention as the Office of Adoption and Child

  6         Protection; revising the purpose of the office;

  7         redesignating the director of the office as the

  8         Chief Child Advocate; providing for the

  9         promotion of adoption and support of adoptive

10         families in the state plan of the office;

11         revising the content requirement of an annual

12         report; establishing the Child Abuse Prevention

13         and Permanency Advisory Council and providing

14         for its composition; providing additional

15         purposes for district plans of action; creating

16         s. 39.0011, F.S.; authorizing the office to

17         establish a direct-support organization;

18         providing purposes, requirements, and

19         objectives; providing for members of a board of

20         directors of the direct-support organization;

21         requiring the organization to operate under

22         contract with the office; providing guidelines

23         for the use of funds; amending ss. 39.0014 and

24         39.01, F.S.; conforming references to changes

25         made by the act; providing an effective date.

26  

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

28  

29         Section 1.  Subsections (6) through (9) of section

30  39.001, Florida Statutes, are amended to read:

31  

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 1         39.001  Purposes and intent; personnel standards and

 2  screening.--

 3         (6)  LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,

 4  ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known

 5  child abuse, abandonment, and neglect has increased rapidly

 6  over the past 5 years. The impact that abuse, abandonment, or

 7  neglect has on the victimized child, siblings, family

 8  structure, and inevitably on all citizens of the state has

 9  caused the Legislature to determine that the prevention of

10  child abuse, abandonment, and neglect shall be a priority of

11  this state. To further this end, it is the intent of the

12  Legislature that an Office of Adoption and Child Protection

13  Abuse Prevention be established.

14         (7)  OFFICE OF ADOPTION AND CHILD PROTECTION ABUSE

15  PREVENTION.--

16         (a)  For purposes of establishing a comprehensive

17  statewide approach for the promotion of adoption, support of

18  adoptive families, and prevention of child abuse, abandonment,

19  and neglect, the Office of Adoption and Child Protection Abuse

20  Prevention is created within the Executive Office of the

21  Governor. The Governor shall appoint a Chief Child Advocate

22  director for the office who shall be subject to confirmation

23  by the Senate.

24         (b)  The Chief Child Advocate director shall:

25         1.  Assist in the development of developing rules

26  pertaining to the promotion of adoption, support of adoptive

27  families, and implementation of child abuse prevention

28  efforts.

29         2.  Act as the Governor's liaison with state agencies,

30  other state governments, and the public and private sectors on

31  

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 1  matters that relate to the promotion of adoption, support of

 2  adoptive families, and child abuse prevention.

 3         3.  Work to secure funding and other support for the

 4  state's efforts to promote adoption, support adoptive

 5  families, and prevent child abuse prevention efforts,

 6  including, but not limited to, establishing cooperative

 7  relationships among state and private agencies.

 8         4.  Develop a strategic program and funding initiative

 9  that links the separate jurisdictional activities of state

10  agencies with respect to the promotion of adoption, support of

11  adoptive families, and child abuse prevention. The office may

12  designate lead and contributing agencies to develop such

13  initiatives.

14         5.  Advise the Governor and the Legislature on

15  statistics related to adoption and child abuse trends in this

16  state, the status of current adoption programs and services,

17  current child abuse prevention programs and services, the

18  funding of those programs and services, and the status of the

19  office with regard to the development and implementation of a

20  the state strategy for the promotion of adoption, support of

21  adoptive families, and child abuse prevention strategy.

22         6.  Develop child abuse prevention public awareness

23  campaigns for the promotion of adoption, the support of

24  adoptive families, and child abuse prevention to be

25  implemented throughout the state.

26         (c)  The office is authorized and directed to:

27         1.  Oversee the preparation and implementation of the

28  state plan established under subsection (8) and revise and

29  update the state plan as necessary.

30  

31  

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 1         2.  Provide for or make available continuing

 2  professional education and training in the prevention of child

 3  abuse and neglect.

 4         3.  Work to secure funding in the form of

 5  appropriations, gifts, and grants from the state, the Federal

 6  Government, and other public and private sources in order to

 7  ensure that sufficient funds are available for the promotion

 8  of adoption, support of adoptive families, and child abuse

 9  prevention efforts.

10         4.  Make recommendations pertaining to agreements or

11  contracts for the establishment and development of:

12         a.  Programs and services for the promotion of

13  adoption, support of adoptive families, and the prevention of

14  child abuse and neglect.

15         b.  Training programs for the prevention of child abuse

16  and neglect.

17         c.  Multidisciplinary and discipline-specific training

18  programs for professionals with responsibilities affecting

19  children, young adults, and families.

20         d.  Efforts to promote adoption.

21         e.  Postadoptive services to support adoptive families.

22         5.  Monitor, evaluate, and review the development and

23  quality of local and statewide services and programs for the

24  promotion of adoption, support of adoptive families, and

25  prevention of child abuse and neglect and shall publish and

26  distribute an annual report of its findings on or before

27  January 1 of each year to the Governor, the Speaker of the

28  House of Representatives, the President of the Senate, the

29  secretary of each state agency affected by the report, and the

30  appropriate substantive committees of the Legislature. The

31  report shall include:

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 1         a.  A summary of the activities of the office.

 2         b.  A summary of adoption data collected and reported

 3  to the Adoption and Foster Care Analysis and Reporting System

 4  (AFCARS) and the federal Administration for Children and

 5  Families.

 6         c.  A summary of abuse prevention data collected and

 7  reported to the National Child Abuse and Neglect Data System

 8  (NCANDS) and the federal Administration for Children and

 9  Families.

10         d.b.  A summary detailing the timelines of the adoption

11  process for children adopted from within the child welfare

12  system demographic and geographic characteristics of families

13  served by the prevention programs.

14         e.c.  Recommendations, by state agency, for the further

15  development and improvement of services and programs for the

16  promotion of adoption, support of adoptive families, and

17  prevention of child abuse and neglect.

18         f.d.  The budget requests, adoption promotion and

19  support needs, and child abuse prevention program needs by

20  state agency.

21         6.  Work with the direct-support organization

22  established under s. 39.0011 and receive financial support

23  from the organization.

24         (8)  PLAN FOR COMPREHENSIVE APPROACH.--

25         (a)  The office shall develop a state plan for the

26  promotion of adoption, support of adoptive families, and

27  prevention of abuse, abandonment, and neglect of children and

28  shall submit the state plan to the Speaker of the House of

29  Representatives, the President of the Senate, and the Governor

30  no later than December 31, 2008 2007. The Department of

31  Children and Family Services, the Department of Corrections,

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 1  the Department of Education, the Department of Health, the

 2  Department of Juvenile Justice, the Department of Law

 3  Enforcement, the Agency for Persons with Disabilities, and the

 4  Agency for Workforce Innovation shall participate and fully

 5  cooperate in the development of the state plan at both the

 6  state and local levels. Furthermore, appropriate local

 7  agencies and organizations must shall be provided an

 8  opportunity to participate in the development of the state

 9  plan at the local level. Appropriate local groups and

10  organizations includes shall include, but is not be limited

11  to, community mental health centers; guardian ad litem

12  programs for children under the circuit court; the school

13  boards of the local school districts; the Florida local

14  advocacy councils; community-based care lead agencies; private

15  or public organizations or programs with recognized expertise

16  in working with child abuse prevention programs for children

17  and families; private or public organizations or programs with

18  recognized expertise in working with children who are sexually

19  abused, physically abused, emotionally abused, abandoned, or

20  neglected and with expertise in working with the families of

21  such children; private or public programs or organizations

22  with expertise in maternal and infant health care;

23  multidisciplinary child protection teams; child day care

24  centers; law enforcement agencies; and the circuit courts,

25  when guardian ad litem programs are not available in the local

26  area. The state plan to be provided to the Legislature and the

27  Governor shall include, as a minimum, the information required

28  under of the various groups in paragraph (b).

29         (b)  The development of the state plan shall be

30  accomplished in the following manner:

31  

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 1         1.  The office shall establish a Child Abuse Prevention

 2  and Permanency Advisory Council composed of representatives

 3  from each state agency and appropriate local agencies and

 4  organizations specified in paragraph (a) and an adoptive

 5  parent who has adopted a child from within the child welfare

 6  system. The advisory council shall serve as the research arm

 7  of the office and shall be responsible for:

 8         a.  Assisting in developing a plan of action for better

 9  coordination and integration of the goals, activities, and

10  funding pertaining to the promotion and support of adoption

11  and the prevention of child abuse, abandonment, and neglect

12  conducted by the office in order to maximize staff and

13  resources at the state level. The plan of action must shall be

14  included in the state plan.

15         b.  Assisting in providing a basic format to be used

16  utilized by the districts in the preparation of local plans of

17  action in order to provide for uniformity in the district

18  plans and to provide for greater ease in compiling information

19  for the state plan.

20         c.  Providing the districts with technical assistance

21  in the development of local plans of action, if requested.

22         d.  Assisting in examining the local plans to determine

23  if all the requirements of the local plans have been met and,

24  if they have not, informing the districts of the deficiencies

25  and requesting the additional information needed.

26         e.  Assisting in preparing the state plan for

27  submission to the Legislature and the Governor. Such

28  preparation must shall include incorporating the incorporation

29  into the state plan of information obtained from the local

30  plans into the state plan, the cooperative plans with the

31  members of the advisory council, and the plan of action for

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 1  coordination and integration of state departmental activities.

 2  The state plan must shall include a section reflecting general

 3  conditions and needs, an analysis of variations based on

 4  population or geographic areas, identified problems, and

 5  recommendations for change. In essence, the state plan must

 6  shall provide an analysis and summary of each element of the

 7  local plans to provide a statewide perspective. The state plan

 8  must shall also include each separate local plan of action.

 9         f.  Conducting a feasibility study on the establishment

10  of a Children's Cabinet.

11         g.  Working with the specified state agency in

12  fulfilling the requirements of subparagraphs 2., 3., 4., and

13  5.

14         2.  The office, the department, the Department of

15  Education, and the Department of Health shall work together in

16  developing ways to inform and instruct parents of school

17  children and appropriate district school personnel in all

18  school districts in the detection of child abuse, abandonment,

19  and neglect and in the proper action that should be taken in a

20  suspected case of child abuse, abandonment, or neglect, and in

21  caring for a child's needs after a report is made. The plan

22  for accomplishing this end must shall be included in the state

23  plan.

24         3.  The office, the department, the Department of Law

25  Enforcement, and the Department of Health shall work together

26  in developing ways to inform and instruct appropriate local

27  law enforcement personnel in the detection of child abuse,

28  abandonment, and neglect and in the proper action that should

29  be taken in a suspected case of child abuse, abandonment, or

30  neglect.

31  

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 1         4.  Within existing appropriations, the office shall

 2  work with other appropriate public and private agencies to

 3  support emphasize efforts to educate the general public about

 4  the problem of and ways to detect child abuse, abandonment,

 5  and neglect and in the proper action that should be taken in a

 6  suspected case of child abuse, abandonment, or neglect. The

 7  plan for accomplishing this end must shall be included in the

 8  state plan.

 9         5.  The office, the department, the Department of

10  Education, and the Department of Health shall work together on

11  enhancing or adapting the enhancement or adaptation of

12  curriculum materials to assist instructional personnel in

13  providing instruction through a multidisciplinary approach on

14  the identification, intervention, and prevention of child

15  abuse, abandonment, and neglect. The curriculum materials must

16  shall be geared toward a sequential program of instruction at

17  the four progressional levels, K-3, 4-6, 7-9, and 10-12.

18  Strategies for encouraging all school districts to use utilize

19  the curriculum are to be included in the state plan for the

20  prevention of child abuse, abandonment, and neglect.

21         6.  Each district of the department shall develop a

22  local plan of action for its specific geographical area. The

23  plan developed at the district level shall be submitted to the

24  advisory council for utilization in preparing the state plan.

25  The district local plan of action shall be prepared with the

26  involvement and assistance of the local agencies and

27  organizations listed in this paragraph, as well as

28  representatives from those departmental district offices

29  participating in the promotion of adoption, support of

30  adoptive families, and treatment and prevention of child

31  abuse, abandonment, and neglect. In order to accomplish this,

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 1  the office shall establish a task force on the promotion of

 2  adoption, support of adoptive families, and prevention of

 3  child abuse, abandonment, and neglect. The office shall

 4  appoint the members of the task force in accordance with the

 5  membership requirements of this section. The office shall

 6  ensure that individuals from both urban and rural areas and an

 7  adoptive parent who has adopted a child from within the child

 8  welfare system are represented on the task force. The task

 9  force shall develop a written statement clearly identifying

10  its operating procedures, purpose, overall responsibilities,

11  and method of meeting responsibilities. The local district

12  plan of action to be prepared by the task force must shall

13  include, but shall not be limited to:

14         a.  Documentation of the magnitude of the problems of

15  child abuse, including sexual abuse, physical abuse, and

16  emotional abuse, and child abandonment and neglect in its

17  geographical area.

18         b.  A description of programs currently serving abused,

19  abandoned, and neglected children and their families and a

20  description of programs for the prevention of child abuse,

21  abandonment, and neglect, including information on the impact,

22  cost-effectiveness, and sources of funding of such programs.

23         c.  Information concerning the number of children

24  within the child welfare system who are available for adoption

25  and who need child-specific adoption promotion efforts.

26         d.  A description of programs currently promoting and

27  supporting adoptive families, including information concerning

28  the results, cost-effectiveness, and sources of funding of

29  such programs.

30         e.  A description of a comprehensive strategy for

31  providing postadoption services. The continuum of services

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 1  must include, but need not be limited to, sufficient and

 2  accessible parent and teen support groups; case management,

 3  information, and referral services; and educational advocacy.

 4         f.c.  A continuum of programs and services necessary

 5  for providing a comprehensive approach to the promotion of

 6  adoption and the prevention of all types of child abuse,

 7  abandonment, and neglect as well as a brief description of

 8  such programs and services.

 9         g.d.  A description, documentation, and priority

10  ranking of local needs related to the promotion of adoption,

11  support of adoptive parents, and prevention of child abuse,

12  abandonment, and neglect prevention based upon the continuum

13  of programs and services.

14         h.e.  A plan for steps to be taken in meeting

15  identified needs, including the coordination and integration

16  of services to avoid unnecessary duplication and cost, and for

17  alternative funding strategies for meeting needs through the

18  reallocation of existing resources, utilization of volunteers,

19  contracting with local universities for services, and local

20  government or private agency funding.

21         i.f.  A description of barriers to the accomplishment

22  of a comprehensive approach to the promotion of adoption,

23  support of adoptive families, and prevention of child abuse,

24  abandonment, and neglect.

25         j.g.  Recommendations for changes that can be

26  accomplished only at the state program level or by legislative

27  action.

28         (9)  FUNDING AND SUBSEQUENT PLANS.--

29         (a)  All budget requests submitted by the office, the

30  department, the Department of Health, the Department of

31  Education, the Department of Juvenile Justice, the Department

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 1  of Corrections, the Agency for Persons with Disabilities, the

 2  Agency for Workforce Innovation, or any other agency to the

 3  Legislature for funding of efforts for the promotion of

 4  adoption, support of adoptive families, and prevention of

 5  child abuse, abandonment, and neglect must shall be based on

 6  the state plan developed pursuant to this section.

 7         (b)  The office and the other agencies and

 8  organizations listed in paragraph (8)(a) shall readdress the

 9  state plan and make necessary revisions every 5 years, at a

10  minimum. Such revisions shall be submitted to the Speaker of

11  the House of Representatives and the President of the Senate

12  no later than June 30 of each year divisible by 5. At least

13  biennially, the office shall review the state plan and make

14  any necessary revisions based on changing needs and program

15  evaluation results. An annual progress report shall be

16  submitted to update the state plan in the years between the

17  5-year intervals. In order to avoid duplication of effort,

18  these required plans may be made a part of or merged with

19  other plans required by either the state or Federal

20  Government, so long as the portions of the other state or

21  Federal Government plan that constitute the state plan for the

22  promotion of adoption, support of adoptive families, and

23  prevention of child abuse, abandonment, and neglect are

24  clearly identified as such and are provided to the Speaker of

25  the House of Representatives and the President of the Senate

26  as required above.

27         Section 2.  Section 39.0011, Florida Statutes, is

28  created to read:

29         39.0011  Direct-support organization.--

30         (1)  The Office of Adoption and Child Protection,

31  established under s. 39.001, may establish a direct-support

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 1  organization to assist the state in carrying out its purposes

 2  and responsibilities regarding the promotion of adoption,

 3  support of adoptive families, and prevention of child abuse,

 4  abandonment, and neglect by raising money; submitting requests

 5  for and receiving grants from the Federal Government, the

 6  state or its political subdivisions, private foundations, and

 7  individuals; and making expenditures to or for the benefit of

 8  the office. The sole purpose for the direct-support

 9  organization is to support the office. The direct-support

10  organization must be:

11         (a)  Incorporated under chapter 617 and approved by the

12  Department of State as a Florida not-for-profit corporation;

13         (b)  Organized and operated to make expenditures to or

14  for the benefit of the office; and

15         (c)  Approved by the office to be operating for the

16  benefit of and in a manner consistent with the goals of the

17  office and in the best interest of the state.

18         (2)  The number of members on the board of directors of

19  the direct-support organization shall be determined by the

20  Chief Child Advocate. Membership on the board of directors of

21  the direct-support organization shall include, but need not be

22  limited to, a guardian ad litem; a member of a local advocacy

23  council; a representative from a community-based care lead

24  agency; a representative from a private or public organization

25  or program having recognized expertise in working with child

26  abuse prevention programs for children and families; a

27  representative of a private or public organization or program

28  with recognized expertise in working with children who are

29  sexually abused, physically abused, emotionally abused,

30  abandoned, or neglected and having expertise in working with

31  the families of such children; an individual working at a

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 1  state adoption agency; and the parent of a child adopted from

 2  within the child welfare system.

 3         (3)  The direct-support organization shall operate

 4  under written contract with the office.

 5         (4)  All moneys received by the direct-support

 6  organization must be deposited into an account of the

 7  direct-support organization and be used by the organization in

 8  a manner consistent with the goals of the office.

 9         Section 3.  Section 39.0014, Florida Statutes, is

10  amended to read:

11         39.0014  Responsibilities of public agencies.--All

12  state, county, and local agencies shall cooperate, assist, and

13  provide information to the Office of Adoption and Child

14  Protection Abuse Prevention and the department as will enable

15  them to fulfill their responsibilities under this chapter.

16         Section 4.  Subsection (45) of section 39.01, Florida

17  Statutes, is amended to read:

18         39.01  Definitions.--When used in this chapter, unless

19  the context otherwise requires:

20         (45)  "Office" means the Office of Adoption and Child

21  Protection Abuse Prevention within the Executive Office of the

22  Governor.

23         Section 5.  This act shall take effect July 1, 2007.

24  

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                          CS for SB 1388

27                                 

28  Removes the requirement to develop postgraduate education for
    professionals providing adoption services.
29  
    Eliminates enhanced subsidy payments for special needs
30  children and children who are in the custody of the state due
    to abuse, neglect or abandonment.
31  
    Removes adoption fee waivers.
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