| 1 | A bill to be entitled |
| 2 | An act relating to child welfare; amending s. 402.302, |
| 3 | F.S.; defining the term "child welfare provider"; creating |
| 4 | s. 402.7306, F.S.; requiring the Department of Children |
| 5 | and Family Services, the Department of Health, the Agency |
| 6 | for Persons with Disabilities, the Agency for Health Care |
| 7 | Administration, and community-based care lead agencies to |
| 8 | adopt policies for the administrative monitoring of child |
| 9 | welfare providers; authorizing private-sector entities to |
| 10 | establish an Internet-based data warehouse and archive for |
| 11 | the maintenance of specified records of child welfare |
| 12 | providers; providing agency and provider requirements; |
| 13 | providing for access to the data warehouse under certain |
| 14 | conditions; amending s. 402.7305, F.S.; providing a |
| 15 | limitation on the frequency of monitoring of child-caring |
| 16 | and child-placing service providers; prohibiting certain |
| 17 | duplicative monitoring; amending s. 409.1451, F.S.; |
| 18 | providing the Department of Children and Family Services |
| 19 | with rulemaking authority with respect to payments and |
| 20 | conditions relating to youth and young adults in the |
| 21 | independent living transition services program; repealing |
| 22 | s. 409.1663, F.S., relating to adoption benefits for |
| 23 | qualifying adoptive employees of state agencies; amending |
| 24 | s. 409.1671, F.S.; revising provisions relating to funding |
| 25 | for contracts established between the Department of |
| 26 | Children and Family Services and community-based care lead |
| 27 | agencies; authorizing the department to outsource certain |
| 28 | functions; authorizing a community-based care lead agency |
| 29 | to make certain expenditures; amending s. 409.166, F.S.; |
| 30 | deleting a reference to conform to changes made by the |
| 31 | act; authorizing the Department of Children and Family |
| 32 | Services to provide services to certain dependent |
| 33 | children; providing exceptions; authorizing the department |
| 34 | and the participating dependency court to develop |
| 35 | eligibility criteria; providing an effective date. |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. Subsections (4) through (16) of section |
| 40 | 402.302, Florida Statutes, are renumbered as subsections (5) |
| 41 | through (17), respectively, and a new subsection (4) is added to |
| 42 | that section to read: |
| 43 | 402.302 Definitions.- |
| 44 | (4) "Child welfare provider" means a licensed child-caring |
| 45 | or child-placing agency. |
| 46 | Section 2. Section 402.7306, Florida Statutes, is created |
| 47 | to read: |
| 48 | 402.7306 Administrative monitoring for child welfare |
| 49 | providers.-The Department of Children and Family Services, the |
| 50 | Department of Health, the Agency for Persons with Disabilities, |
| 51 | the Agency for Health Care Administration, and community-based |
| 52 | care lead agencies shall identify and implement changes that |
| 53 | improve the efficiency of administrative monitoring of child |
| 54 | welfare services. To assist with that goal, each such agency |
| 55 | shall adopt the following policies: |
| 56 | (1) Limit administrative monitoring to once every 3 years |
| 57 | if the child welfare provider is accredited by the Joint |
| 58 | Commission on Accreditation of Healthcare Organizations, the |
| 59 | Commission on Accreditation of Rehabilitation Facilities, or the |
| 60 | Council on Accreditation of Children and Family Services. If the |
| 61 | accrediting body does not require documentation that the state |
| 62 | agency requires, that documentation shall be requested by the |
| 63 | state agency and may be posted by the provider on the data |
| 64 | warehouse for the agency's review. Notwithstanding the survey or |
| 65 | inspection of an accrediting organization specified in this |
| 66 | subsection, an agency specified in and subject to this section |
| 67 | may continue to monitor the provider as necessary with respect |
| 68 | to: |
| 69 | (a) Ensuring that services for which the agency is paying |
| 70 | are being provided. |
| 71 | (b) Investigating complaints or suspected problems and |
| 72 | monitoring the provider's compliance with any resulting |
| 73 | negotiated terms and conditions, including provisions relating |
| 74 | to consent decrees that are unique to a specific service and are |
| 75 | not statements of general applicability. |
| 76 | (c) Ensuring compliance with federal and state laws, |
| 77 | federal regulations, or state rules if such monitoring does not |
| 78 | duplicate the accrediting organization's review pursuant to |
| 79 | accreditation standards. |
| 80 |
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| 81 | Medicaid certification and precertification reviews are exempt |
| 82 | from this subsection to ensure Medicaid compliance. |
| 83 | (2) Allow private-sector development and implementation of |
| 84 | an Internet-based, secure, and consolidated data warehouse and |
| 85 | archive for maintaining corporate, fiscal, and administrative |
| 86 | records of child welfare providers. A provider shall ensure that |
| 87 | the data is up to date and accessible to the applicable agency |
| 88 | under this section and the appropriate agency subcontractor. A |
| 89 | provider shall submit any revised, updated information to the |
| 90 | data warehouse within 10 business days after receiving the |
| 91 | request. An agency that conducts administrative monitoring of |
| 92 | child welfare providers under this section must use the data |
| 93 | warehouse for document requests. If the information provided to |
| 94 | the agency by the provider's data warehouse is not current or is |
| 95 | unavailable from the data warehouse and archive, the agency may |
| 96 | contact the provider directly. A provider that fails to comply |
| 97 | with an agency's requested documents may be subject to a site |
| 98 | visit to ensure compliance. Access to the data warehouse must be |
| 99 | provided without charge to an applicable agency under this |
| 100 | section. At a minimum, the records must include the provider's: |
| 101 | (a) Articles of incorporation. |
| 102 | (b) Bylaws. |
| 103 | (c) Governing board and committee minutes. |
| 104 | (d) Financial audits. |
| 105 | (e) Expenditure reports. |
| 106 | (f) Compliance audits. |
| 107 | (g) Organizational charts. |
| 108 | (h) Governing board membership information. |
| 109 | (i) Human resource policies and procedures. |
| 110 | (j) Staff credentials. |
| 111 | (k) Monitoring procedures, including tools and schedules. |
| 112 | (l) Procurement and contracting policies and procedures. |
| 113 | (m) Monitoring reports. |
| 114 | Section 3. Subsection (4) of section 402.7305, Florida |
| 115 | Statutes, is amended to read: |
| 116 | 402.7305 Department of Children and Family Services; |
| 117 | procurement of contractual services; contract management.- |
| 118 | (4) CONTRACT MONITORING REQUIREMENTS AND PROCESS.-The |
| 119 | department shall establish contract monitoring units staffed by |
| 120 | career service employees who report to a member of the Selected |
| 121 | Exempt Service or Senior Management Service and who have been |
| 122 | properly trained to perform contract monitoring., with At least |
| 123 | one member of the contract monitoring unit must possess |
| 124 | possessing specific knowledge and experience in the contract's |
| 125 | program area. The department shall establish a contract |
| 126 | monitoring process that includes must include, but is need not |
| 127 | be limited to, the following requirements: |
| 128 | (a) Performing a risk assessment at the start of each |
| 129 | fiscal year and preparing an annual contract monitoring schedule |
| 130 | that considers includes consideration for the level of risk |
| 131 | assigned. The department may monitor any contract at any time |
| 132 | regardless of whether such monitoring was originally included in |
| 133 | the annual contract monitoring schedule. |
| 134 | (b) Preparing a contract monitoring plan, including |
| 135 | sampling procedures, before performing onsite monitoring at |
| 136 | external locations of a service provider. The plan must include |
| 137 | a description of the programmatic, fiscal, and administrative |
| 138 | components that will be monitored on site. If appropriate, |
| 139 | clinical and therapeutic components may be included. |
| 140 | (c) Conducting analyses of the performance and compliance |
| 141 | of an external service provider by means of desk reviews if the |
| 142 | external service provider will not be monitored on site during a |
| 143 | fiscal year. |
| 144 | (d) Unless the department sets forth in writing the need |
| 145 | for an extension, providing a written report presenting the |
| 146 | results of the monitoring within 30 days after the completion of |
| 147 | the onsite monitoring or desk review. |
| 148 | (e) Developing and maintaining a set of procedures |
| 149 | describing the contract monitoring process. |
| 150 |
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| 151 | Notwithstanding any other provision of this section, the |
| 152 | department shall limit monitoring of a child-caring or child- |
| 153 | placing services provider under this subsection to only once per |
| 154 | year. Such monitoring may not duplicate administrative |
| 155 | monitoring that is included in the survey of a child welfare |
| 156 | provider conducted by a national accreditation organization |
| 157 | specified under s. 402.7306(1). |
| 158 | Section 4. Subsection (10) of section 409.1451, Florida |
| 159 | Statutes, is amended to read: |
| 160 | 409.1451 Independent living transition services.- |
| 161 | (10) RULEMAKING.-The department shall adopt by rule |
| 162 | procedures to administer this section, including balancing the |
| 163 | goals of normalcy and safety for the youth and providing the |
| 164 | caregivers with as much flexibility as possible to enable the |
| 165 | youth to participate in normal life experiences. The department |
| 166 | shall not adopt rules relating to reductions in awards. The |
| 167 | department shall engage in appropriate planning to prevent, to |
| 168 | the extent possible, a reduction in awards after issuance. The |
| 169 | department shall adopt rules to govern the payments and |
| 170 | conditions related to payments for services to youth or young |
| 171 | adults provided under this section. |
| 172 | Section 5. Section 409.1663, Florida Statutes, is |
| 173 | repealed. |
| 174 | Section 6. Subsections (8), (9), (10), and (11) of section |
| 175 | 409.1671, Florida Statutes, are renumbered as subsections (10), |
| 176 | (14), (15), and (16), respectively, and new subsections (8), |
| 177 | (9), (11), (12), and (13) are added to that section to read: |
| 178 | 409.1671 Foster care and related services; outsourcing.- |
| 179 | (8) A contract established between the department and a |
| 180 | community-based care lead agency under this section must be |
| 181 | funded by a grant of general revenue, other applicable state |
| 182 | funds, or applicable federal funding sources. A community-based |
| 183 | care lead agency may carry forward documented unexpended state |
| 184 | funds from one fiscal year to the next; however, the cumulative |
| 185 | amount carried forward may not exceed 8 percent of the total |
| 186 | contract. Any unexpended state funds in excess of that |
| 187 | percentage must be returned to the department. The funds carried |
| 188 | forward may not be used in any way that would create increased |
| 189 | recurring future obligations, and such funds may not be used for |
| 190 | any type of program or service that is not currently authorized |
| 191 | by the existing contract with the department. Expenditures of |
| 192 | funds carried forward must be separately reported to the |
| 193 | department. Any unexpended funds that remain at the end of the |
| 194 | contract period shall be returned to the department. Funds |
| 195 | carried forward may be retained through any contract renewals |
| 196 | and any new procurements as long as the same community-based |
| 197 | care lead agency is retained by the department. |
| 198 | (9) The method of payment for a fixed-price contract with |
| 199 | a community-based care lead agency shall provide for a 2-month |
| 200 | advance payment at the beginning of each fiscal year and equal |
| 201 | monthly payments thereafter. |
| 202 | (11) Notwithstanding subsection (10), the amount of the |
| 203 | annual contract for a community-based care lead agency may be |
| 204 | increased by excess federal funds earned in accordance with s. |
| 205 | 216.181(11). |
| 206 | (12) The department may outsource programmatic, |
| 207 | administrative, or fiscal monitoring oversight of community- |
| 208 | based care lead agencies. |
| 209 | (13) Notwithstanding any other provision of law, a |
| 210 | community-based care lead agency may make expenditures for staff |
| 211 | cellular telephone allowances, contracts requiring deferred |
| 212 | payments and maintenance agreements, security deposits for |
| 213 | office leases, related agency professional membership dues other |
| 214 | than personal professional membership dues, promotional |
| 215 | materials, and grant writing services. Expenditures for food and |
| 216 | refreshments, other than those provided to clients in the care |
| 217 | of the agency or to foster parents, adoptive parents, and |
| 218 | caseworkers during training sessions, are not allowable. |
| 219 | Section 7. Paragraph (b) of subsection (2) of section |
| 220 | 409.166, Florida Statutes, is amended to read: |
| 221 | 409.166 Children within the child welfare system; adoption |
| 222 | assistance program.- |
| 223 | (2) DEFINITIONS.-As used in this section, the term: |
| 224 | (b) "Adoption assistance" means financial assistance and |
| 225 | services provided to a child and his or her adoptive family. |
| 226 | Such assistance may include a maintenance subsidy, medical |
| 227 | assistance, Medicaid assistance, and reimbursement of |
| 228 | nonrecurring expenses associated with the legal adoption. The |
| 229 | term also includes a tuition exemption at a postsecondary career |
| 230 | program, community college, or state university, and a state |
| 231 | employee adoption benefit under s. 409.1663. |
| 232 | Section 8. The Department of Children and Family Services |
| 233 | may serve dependent children deemed to be in need of family- |
| 234 | centered, cognitive-behavioral interventions designed to |
| 235 | mitigate out-of-home placements. Treatment services may be |
| 236 | evidenced-based with family therapy and group therapy components |
| 237 | for youth for whom these services are appropriate. Dependent |
| 238 | youth at risk of out-of-home placement or currently within the |
| 239 | foster care system are eligible for these family therapy and |
| 240 | group therapy services. The services shall be provided as an |
| 241 | alternative to specialized therapeutic foster or group care. A |
| 242 | child who has been adjudicated delinquent, had adjudication |
| 243 | withheld, or committed any violent crime, except for females |
| 244 | adjudicated delinquent for domestic violence, any first-degree |
| 245 | felony, or any felony direct-filed in adult court, may not be |
| 246 | served by the program. The department and each participating |
| 247 | dependency court may jointly develop eligibility criteria to |
| 248 | identify youth appropriate for services in this program. |
| 249 | Section 9. This act shall take effect July 1, 2010. |