Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. SB 2108
       
       
       
       
       
       
                                Barcode 488620                          
       
                              LEGISLATIVE ACTION                        
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       Senator Lynn moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 22 - 23
    4  and insert:
    5         Section 1. Subsections (6), (7), (8), (9), and (12) of
    6  section 39.001, Florida Statutes, are amended to read:
    7         39.001 Purposes and intent; personnel standards and
    8  screening.—
    9         (6) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
   10  ABANDONMENT, AND NEGLECT OF CHILDREN.—The incidence of known
   11  child abuse, abandonment, and neglect has continued to increase
   12  increased rapidly over the past 5 years. The impact that abuse,
   13  abandonment, or neglect has on the victimized child, siblings,
   14  family structure, and inevitably on all citizens of the state
   15  has caused the Legislature to determine that the prevention of
   16  child abuse, abandonment, and neglect shall be a priority of
   17  this state. To further this end, it is the intent of the
   18  Legislature that the Florida Prevention of Child Abuse,
   19  Abandonment and Neglect Plan: July 2010 – June 2015, be
   20  implemented and monitored by the agencies and organizations
   21  named within the plan. The Legislature finds that the plan
   22  contains low-cost and no cost cross-agency strategies adopted by
   23  the Children and Youth Cabinet. These activities are already
   24  underway and are privately and federally funded where necessary.
   25  No additional funds from the state are being requested for these
   26  activities. By February 1, 2015, the Department of Children and
   27  Family Services shall report to the Legislature whether the plan
   28  has been effective and whether it should be updated and
   29  continued an Office of Adoption and Child Protection be
   30  established.
   31         (7) OFFICE OF ADOPTION AND CHILD PROTECTION.—
   32         (a) For purposes of establishing a comprehensive statewide
   33  approach for the promotion of adoption, support of adoptive
   34  families, and prevention of child abuse, abandonment, and
   35  neglect, the Office of Adoption and Child Protection is created
   36  within the Executive Office of the Governor. The Governor shall
   37  appoint a Chief Child Advocate for the office.
   38         (b) The Chief Child Advocate shall:
   39         1. Assist in developing rules pertaining to the promotion
   40  of adoption, support of adoptive families, and implementation of
   41  child abuse prevention efforts.
   42         2. Act as the Governor’s liaison with state agencies, other
   43  state governments, and the public and private sectors on matters
   44  that relate to the promotion of adoption, support of adoptive
   45  families, and child abuse prevention.
   46         3. Work to secure funding and other support for the state’s
   47  promotion of adoption, support of adoptive families, and child
   48  abuse prevention efforts, including, but not limited to,
   49  establishing cooperative relationships among state and private
   50  agencies.
   51         4. Develop a strategic program and funding initiative that
   52  links the separate jurisdictional activities of state agencies
   53  with respect to promotion of adoption, support of adoptive
   54  families, and child abuse prevention. The office may designate
   55  lead and contributing agencies to develop such initiatives.
   56         5. Advise the Governor and the Legislature on statistics
   57  related to the promotion of adoption, support of adoptive
   58  families, and child abuse prevention trends in this state; the
   59  status of current adoption programs and services, current child
   60  abuse prevention programs and services, the funding of adoption,
   61  support of adoptive families, and child abuse prevention
   62  programs and services; and the status of the office with regard
   63  to the development and implementation of the state strategy for
   64  the promotion of adoption, support of adoptive families, and
   65  child abuse prevention.
   66         6. Develop public awareness campaigns to be implemented
   67  throughout the state for the promotion of adoption, support of
   68  adoptive families, and child abuse prevention.
   69         (c) The office is authorized and directed to:
   70         1. Oversee the preparation and implementation of the state
   71  plan established under subsection (8) and revise and update the
   72  state plan as necessary.
   73         2. Provide for or make available continuing professional
   74  education and training in the prevention of child abuse and
   75  neglect.
   76         3. Work to secure funding in the form of appropriations,
   77  gifts, and grants from the state, the Federal Government, and
   78  other public and private sources in order to ensure that
   79  sufficient funds are available for the promotion of adoption,
   80  support of adoptive families, and child abuse prevention
   81  efforts.
   82         4. Make recommendations pertaining to agreements or
   83  contracts for the establishment and development of:
   84         a. Programs and services for the promotion of adoption,
   85  support of adoptive families, and prevention of child abuse and
   86  neglect.
   87         b. Training programs for the prevention of child abuse and
   88  neglect.
   89         c. Multidisciplinary and discipline-specific training
   90  programs for professionals with responsibilities affecting
   91  children, young adults, and families.
   92         d. Efforts to promote adoption.
   93         e. Postadoptive services to support adoptive families.
   94         5. Monitor, evaluate, and review the development and
   95  quality of local and statewide services and programs for the
   96  promotion of adoption, support of adoptive families, and
   97  prevention of child abuse and neglect and shall publish and
   98  distribute an annual report of its findings on or before January
   99  1 of each year to the Governor, the Speaker of the House of
  100  Representatives, the President of the Senate, the head of each
  101  state agency affected by the report, and the appropriate
  102  substantive committees of the Legislature. The report shall
  103  include:
  104         a. A summary of the activities of the office.
  105         b. A summary of the adoption data collected and reported to
  106  the federal Adoption and Foster Care Analysis and Reporting
  107  System (AFCARS) and the federal Administration for Children and
  108  Families.
  109         c. A summary of the child abuse prevention data collected
  110  and reported to the National Child Abuse and Neglect Data System
  111  (NCANDS) and the federal Administration for Children and
  112  Families.
  113         d. A summary detailing the timeliness of the adoption
  114  process for children adopted from within the child welfare
  115  system.
  116         e. Recommendations, by state agency, for the further
  117  development and improvement of services and programs for the
  118  promotion of adoption, support of adoptive families, and
  119  prevention of child abuse and neglect.
  120         f. Budget requests, adoption promotion and support needs,
  121  and child abuse prevention program needs by state agency.
  122         6. Work with the direct-support organization established
  123  under s. 39.0011 to receive financial assistance.
  124         (8) PLAN FOR COMPREHENSIVE APPROACH.—
  125         (a) The office shall develop a state plan for the promotion
  126  of adoption, support of adoptive families, and prevention of
  127  abuse, abandonment, and neglect of children and shall submit the
  128  state plan to the Speaker of the House of Representatives, the
  129  President of the Senate, and the Governor no later than December
  130  31, 2008. The Department of Children and Family Services, the
  131  Department of Corrections, the Department of Education, the
  132  Department of Health, the Department of Juvenile Justice, the
  133  Department of Law Enforcement, the Agency for Persons with
  134  Disabilities, and the Agency for Workforce Innovation shall
  135  participate and fully cooperate in the development of the state
  136  plan at both the state and local levels. Furthermore,
  137  appropriate local agencies and organizations shall be provided
  138  an opportunity to participate in the development of the state
  139  plan at the local level. Appropriate local groups and
  140  organizations shall include, but not be limited to, community
  141  mental health centers; guardian ad litem programs for children
  142  under the circuit court; the school boards of the local school
  143  districts; the Florida local advocacy councils; community-based
  144  care lead agencies; private or public organizations or programs
  145  with recognized expertise in working with child abuse prevention
  146  programs for children and families; private or public
  147  organizations or programs with recognized expertise in working
  148  with children who are sexually abused, physically abused,
  149  emotionally abused, abandoned, or neglected and with expertise
  150  in working with the families of such children; private or public
  151  programs or organizations with expertise in maternal and infant
  152  health care; multidisciplinary child protection teams; child day
  153  care centers; law enforcement agencies; and the circuit courts,
  154  when guardian ad litem programs are not available in the local
  155  area. The state plan to be provided to the Legislature and the
  156  Governor shall include, as a minimum, the information required
  157  of the various groups in paragraph (b).
  158         (b) The development of the state plan shall be accomplished
  159  in the following manner:
  160         1. The office shall establish a Child Abuse Prevention and
  161  Permanency Advisory Council composed of an adoptive parent who
  162  has adopted a child from within the child welfare system and
  163  representatives from each state agency and appropriate local
  164  agencies and organizations specified in paragraph (a). The
  165  advisory council shall serve as the research arm of the office
  166  and shall be responsible for:
  167         a. Assisting in developing a plan of action for better
  168  coordination and integration of the goals, activities, and
  169  funding pertaining to the promotion and support of adoption and
  170  the prevention of child abuse, abandonment, and neglect
  171  conducted by the office in order to maximize staff and resources
  172  at the state level. The plan of action shall be included in the
  173  state plan.
  174         b. Assisting in providing a basic format to be utilized by
  175  the districts in the preparation of local plans of action in
  176  order to provide for uniformity in the district plans and to
  177  provide for greater ease in compiling information for the state
  178  plan.
  179         c. Providing the districts with technical assistance in the
  180  development of local plans of action, if requested.
  181         d. Assisting in examining the local plans to determine if
  182  all the requirements of the local plans have been met and, if
  183  they have not, informing the districts of the deficiencies and
  184  requesting the additional information needed.
  185         e. Assisting in preparing the state plan for submission to
  186  the Legislature and the Governor. Such preparation shall include
  187  the incorporation into the state plan of information obtained
  188  from the local plans, the cooperative plans with the members of
  189  the advisory council, and the plan of action for coordination
  190  and integration of state departmental activities. The state plan
  191  shall include a section reflecting general conditions and needs,
  192  an analysis of variations based on population or geographic
  193  areas, identified problems, and recommendations for change. In
  194  essence, the state plan shall provide an analysis and summary of
  195  each element of the local plans to provide a statewide
  196  perspective. The state plan shall also include each separate
  197  local plan of action.
  198         f. Conducting a feasibility study on the establishment of a
  199  Children’s Cabinet.
  200         g. Working with the specified state agency in fulfilling
  201  the requirements of subparagraphs 2., 3., 4., and 5.
  202         2. The office, the department, the Department of Education,
  203  and the Department of Health shall work together in developing
  204  ways to inform and instruct parents of school children and
  205  appropriate district school personnel in all school districts in
  206  the detection of child abuse, abandonment, and neglect and in
  207  the proper action that should be taken in a suspected case of
  208  child abuse, abandonment, or neglect, and in caring for a
  209  child’s needs after a report is made. The plan for accomplishing
  210  this end shall be included in the state plan.
  211         3. The office, the department, the Department of Law
  212  Enforcement, and the Department of Health shall work together in
  213  developing ways to inform and instruct appropriate local law
  214  enforcement personnel in the detection of child abuse,
  215  abandonment, and neglect and in the proper action that should be
  216  taken in a suspected case of child abuse, abandonment, or
  217  neglect.
  218         4. Within existing appropriations, the office shall work
  219  with other appropriate public and private agencies to emphasize
  220  efforts to educate the general public about the problem of and
  221  ways to detect child abuse, abandonment, and neglect and in the
  222  proper action that should be taken in a suspected case of child
  223  abuse, abandonment, or neglect. The plan for accomplishing this
  224  end shall be included in the state plan.
  225         5. The office, the department, the Department of Education,
  226  and the Department of Health shall work together on the
  227  enhancement or adaptation of curriculum materials to assist
  228  instructional personnel in providing instruction through a
  229  multidisciplinary approach on the identification, intervention,
  230  and prevention of child abuse, abandonment, and neglect. The
  231  curriculum materials shall be geared toward a sequential program
  232  of instruction at the four progressional levels, K-3, 4-6, 7-9,
  233  and 10-12. Strategies for encouraging all school districts to
  234  utilize the curriculum are to be included in the state plan for
  235  the prevention of child abuse, abandonment, and neglect.
  236         6. Each district of the department shall develop a plan for
  237  its specific geographical area. The plan developed at the
  238  district level shall be submitted to the advisory council for
  239  utilization in preparing the state plan. The district local plan
  240  of action shall be prepared with the involvement and assistance
  241  of the local agencies and organizations listed in this
  242  paragraph, as well as representatives from those departmental
  243  district offices participating in the promotion of adoption,
  244  support of adoptive families, and treatment and prevention of
  245  child abuse, abandonment, and neglect. In order to accomplish
  246  this, the office shall establish a task force on the promotion
  247  of adoption, support of adoptive families, and prevention of
  248  child abuse, abandonment, and neglect. The office shall appoint
  249  the members of the task force in accordance with the membership
  250  requirements of this section. The office shall ensure that
  251  individuals from both urban and rural areas and an adoptive
  252  parent who has adopted a child from within the child welfare
  253  system are represented on the task force. The task force shall
  254  develop a written statement clearly identifying its operating
  255  procedures, purpose, overall responsibilities, and method of
  256  meeting responsibilities. The district plan of action to be
  257  prepared by the task force shall include, but shall not be
  258  limited to:
  259         a. Documentation of the magnitude of the problems of child
  260  abuse, including sexual abuse, physical abuse, and emotional
  261  abuse, and child abandonment and neglect in its geographical
  262  area.
  263         b. A description of programs currently serving abused,
  264  abandoned, and neglected children and their families and a
  265  description of programs for the prevention of child abuse,
  266  abandonment, and neglect, including information on the impact,
  267  cost-effectiveness, and sources of funding of such programs.
  268         c. Information concerning the number of children within the
  269  child welfare system available for adoption who need child
  270  specific adoption promotion efforts.
  271         d. A description of programs currently promoting and
  272  supporting adoptive families, including information on the
  273  impact, cost-effectiveness, and sources of funding of such
  274  programs.
  275         e. A description of a comprehensive approach for providing
  276  postadoption services. The continuum of services shall include,
  277  but not be limited to, sufficient and accessible parent and teen
  278  support groups; case management, information, and referral
  279  services; and educational advocacy.
  280         f. A continuum of programs and services necessary for a
  281  comprehensive approach to the promotion of adoption and the
  282  prevention of all types of child abuse, abandonment, and neglect
  283  as well as a brief description of such programs and services.
  284         g. A description, documentation, and priority ranking of
  285  local needs related to the promotion of adoption, support of
  286  adoptive families, and prevention of child abuse, abandonment,
  287  and neglect based upon the continuum of programs and services.
  288         h. A plan for steps to be taken in meeting identified
  289  needs, including the coordination and integration of services to
  290  avoid unnecessary duplication and cost, and for alternative
  291  funding strategies for meeting needs through the reallocation of
  292  existing resources, utilization of volunteers, contracting with
  293  local universities for services, and local government or private
  294  agency funding.
  295         i. A description of barriers to the accomplishment of a
  296  comprehensive approach to the promotion of adoption, support of
  297  adoptive families, and prevention of child abuse, abandonment,
  298  and neglect.
  299         j. Recommendations for changes that can be accomplished
  300  only at the state program level or by legislative action.
  301         (9) FUNDING AND SUBSEQUENT PLANS.—
  302         (a) All budget requests submitted by the office, the
  303  department, the Department of Health, the Department of
  304  Education, the Department of Juvenile Justice, the Department of
  305  Corrections, the Agency for Persons with Disabilities, the
  306  Agency for Workforce Innovation, or any other agency to the
  307  Legislature for funding of efforts for the promotion of
  308  adoption, support of adoptive families, and prevention of child
  309  abuse, abandonment, and neglect shall be based on the state plan
  310  developed pursuant to this section.
  311         (b) The office and the other agencies and organizations
  312  listed in paragraph (8)(a) shall readdress the state plan and
  313  make necessary revisions every 5 years, at a minimum. Such
  314  revisions shall be submitted to the Speaker of the House of
  315  Representatives and the President of the Senate no later than
  316  June 30 of each year divisible by 5. At least biennially, the
  317  office shall review the state plan and make any necessary
  318  revisions based on changing needs and program evaluation
  319  results. An annual progress report shall be submitted to update
  320  the state plan in the years between the 5-year intervals. In
  321  order to avoid duplication of effort, these required plans may
  322  be made a part of or merged with other plans required by either
  323  the state or Federal Government, so long as the portions of the
  324  other state or Federal Government plan that constitute the state
  325  plan for the promotion of adoption, support of adoptive
  326  families, and prevention of child abuse, abandonment, and
  327  neglect are clearly identified as such and are provided to the
  328  Speaker of the House of Representatives and the President of the
  329  Senate as required above.
  330         (12) EVALUATION.—By February 1, 2009, the Legislature shall
  331  evaluate the office and determine whether it should continue to
  332  be housed in the Executive Office of the Governor or transferred
  333  to a state agency.
  334  
  335  ================= T I T L E  A M E N D M E N T ================
  336         And the title is amended as follows:
  337         Delete lines 2 - 5
  338  and insert:
  339         An act relating to the welfare of children; amending
  340         s. 39.001, F.S.; requiring certain agencies and
  341         organizations named in the Florida Prevention of Child
  342         Abuse, Abandonment and Neglect Plan: July 2010 - 2015
  343         to implement and monitor the plan; providing
  344         legislative findings; amending s.