Florida Senate - 2015                                    SB 1462
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-00443B-15                                           20151462__
    1                        A bill to be entitled                      
    2         An act relating to behavioral health services;
    3         creating s. 394.47892, F.S.; authorizing counties to
    4         fund treatment-based mental health court programs;
    5         providing legislative intent; providing that pretrial
    6         program participation is voluntary; specifying
    7         criteria that a court must consider before sentencing
    8         a person to a postadjudicatory treatment-based mental
    9         health court program; requiring a judge presiding over
   10         a postadjudicatory treatment-based mental health court
   11         program to hear a violation of probation or community
   12         control under certain circumstances; providing that
   13         treatment-based mental health court programs may
   14         include specified programs; requiring a judicial
   15         circuit with a treatment-based mental health court
   16         program to establish a coordinator position, subject
   17         to annual appropriation by the Legislature; providing
   18         county funding requirements for treatment-based mental
   19         health court programs; authorizing the chief judge of
   20         a judicial circuit to appoint an advisory committee
   21         for the treatment-based mental health court program;
   22         specifying membership of the committee; amending s.
   23         394.656, F.S.; revising the composition and duties of
   24         the Criminal Justice, Mental Health, and Substance
   25         Abuse Statewide Grant Review Committee within the
   26         Department of Children and Families; requiring the
   27         department to create a grant review and selection
   28         committee; prescribing duties of the committee;
   29         authorizing a designated not-for-profit community
   30         provider to apply for certain grants; amending s.
   31         394.9082, F.S.; requiring managing entities to
   32         establish a process for enrolling priority substance
   33         abuse and mental health populations into substance
   34         abuse and mental health services; requiring the
   35         department to establish enrollment criteria; defining
   36         the term “public receiving facility”; requiring the
   37         department to establish specified standards and
   38         protocols with respect to the administration of the
   39         crisis stabilization services utilization database;
   40         directing managing entities to require public
   41         receiving facilities to submit utilization data on a
   42         periodic basis; providing requirements for the data;
   43         requiring managing entities to periodically submit
   44         aggregate data to the department; requiring the
   45         department to adopt rules; requiring the department to
   46         annually submit a report to the Governor and the
   47         Legislature; prescribing report requirements;
   48         specifying that implementation of the database is
   49         contingent upon an appropriation; amending s. 409.906,
   50         F.S.; requiring the Agency for Health Care
   51         Administration to submit a federal waiver or Medicaid
   52         state plan amendment for the provision of health
   53         homes; specifying conditions for the health home
   54         program; amending ss. 29.004, 39.001, 39.507, and
   55         39.521, F.S.; conforming provisions to changes made by
   56         the act; requiring the agency to submit a planning
   57         grant application to the United States Department of
   58         Health and Human Services; providing an effective
   59         date.
   60  
   61         WHEREAS, Florida’s residents with mental illnesses and
   62  substance abuse disorders are best able to recover and become
   63  productive citizens when served in their own communities and
   64  surrounded by family and natural support systems, and
   65         WHEREAS, untreated mental illnesses and substance abuse
   66  disorders place a burden on the health care and public safety
   67  system, and
   68         WHEREAS, research has demonstrated that the delivery of
   69  behavioral health services to treat mental illnesses and
   70  substance abuse disorders are cost-effective and efficient, and
   71         WHEREAS, the Legislature intends to ensure greater access
   72  to behavioral health services by promoting the high quality,
   73  adequacy, and availability of these essential services, NOW,
   74  THEREFORE,
   75  
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Section 394.47892, Florida Statutes, is created
   79  to read:
   80         394.47892 Treatment-based mental health court programs.—
   81         (1) Each county may fund a treatment-based mental health
   82  court program under which persons in the justice system assessed
   83  with a mental illness will be processed in such a manner as to
   84  appropriately address the severity of the identified mental
   85  health problem through treatment services tailored to the
   86  individual needs of the participant. The Legislature intends to
   87  encourage the Department of Corrections, the Department of
   88  Children and Families, the Department of Juvenile Justice, the
   89  Department of Health, the Department of Law Enforcement, the
   90  Department of Education, and such agencies, local governments,
   91  law enforcement agencies, other interested public or private
   92  sources, and individuals to support the creation and
   93  establishment of these problem-solving court programs.
   94  Participation in the treatment-based mental health court
   95  programs does not divest any public or private agency of its
   96  responsibility for a child or adult, but enables these agencies
   97  to better meet their needs through shared responsibility and
   98  resources.
   99         (2) Entry into any pretrial treatment-based mental health
  100  court program is voluntary.
  101         (3)(a) Entry into any postadjudicatory treatment-based
  102  mental health court program as a condition of probation or
  103  community control pursuant to s. 948.01 or s. 948.06 must be
  104  based upon the sentencing court’s assessment of the defendant’s
  105  criminal history, mental health screening outcome, amenability
  106  to the services of the program, the recommendation of the state
  107  attorney and the victim, if any, and the defendant’s agreement
  108  to enter the program.
  109         (b) An offender who is sentenced to a postadjudicatory
  110  treatment-based mental health court program and who, while a
  111  mental health court program participant, is the subject of a
  112  violation of probation or community control under s. 948.06
  113  shall have the violation of probation or community control heard
  114  by the judge presiding over the postadjudicatory treatment-based
  115  mental health court program. The judge shall dispose of any such
  116  violation, after a hearing on or admission of the violation, as
  117  he or she deems appropriate if the resulting sentence or
  118  conditions are lawful.
  119         (4) Treatment-based mental health court programs may
  120  include pretrial intervention programs as provided in s. 948.08,
  121  treatment-based mental health court programs authorized in
  122  chapter 39, postadjudicatory programs as provided in ss. 948.01
  123  and 948.06, and review of the status of compliance or
  124  noncompliance of sentenced offenders through a treatment-based
  125  mental health court program.
  126         (5) Contingent upon an annual appropriation by the
  127  Legislature, each judicial circuit with a treatment-based mental
  128  health court program shall establish, at a minimum, one
  129  coordinator position for the treatment-based mental health court
  130  program within the state courts system to coordinate the
  131  responsibilities of the participating agencies and service
  132  providers. Each coordinator shall provide direct support to the
  133  treatment-based mental health court program by providing
  134  coordination between the multidisciplinary team and the
  135  judiciary, providing case management, monitoring compliance of
  136  the participants in the treatment-based mental health court
  137  program with court requirements, and providing program
  138  evaluation and accountability.
  139         (6) If a county chooses to fund a treatment-based mental
  140  health court program, the county must secure funding from
  141  sources other than the state for those costs not otherwise
  142  assumed by the state pursuant to s. 29.004. However, this does
  143  not preclude a county from using treatment and other service
  144  funding provided through state executive branch agencies.
  145  Counties may provide, by interlocal agreement, for the
  146  collective funding of these programs.
  147         (7) The chief judge of each judicial circuit may appoint an
  148  advisory committee for the treatment-based mental health court
  149  program. The committee shall be composed of the chief judge, or
  150  his or her designee, who shall serve as chair; the judge of the
  151  treatment-based mental health court program, if not otherwise
  152  designated by the chief judge as his or her designee; the state
  153  attorney, or his or her designee; the public defender, or his or
  154  her designee; the treatment-based mental health court program
  155  coordinators; community representatives; treatment
  156  representatives; and any other persons the chair finds are
  157  appropriate.
  158         Section 2. Section 394.656, Florida Statutes, is amended to
  159  read:
  160         394.656 Criminal Justice, Mental Health, and Substance
  161  Abuse Reinvestment Grant Program.—
  162         (1) There is created within the Department of Children and
  163  Families the Criminal Justice, Mental Health, and Substance
  164  Abuse Reinvestment Grant Program. The purpose of the program is
  165  to provide funding to counties with which they can plan,
  166  implement, or expand initiatives that increase public safety,
  167  avert increased spending on criminal justice, and improve the
  168  accessibility and effectiveness of treatment services for adults
  169  and juveniles who have a mental illness, substance abuse
  170  disorder, or co-occurring mental health and substance abuse
  171  disorders and who are in, or at risk of entering, the criminal
  172  or juvenile justice systems.
  173         (2) The department shall establish a Criminal Justice,
  174  Mental Health, and Substance Abuse Statewide Grant Review
  175  Committee. The committee shall include:
  176         (a) One representative of the Department of Children and
  177  Families;
  178         (b) One representative of the Department of Corrections;
  179         (c) One representative of the Department of Juvenile
  180  Justice;
  181         (d) One representative of the Department of Elderly
  182  Affairs; and
  183         (e) One representative of the Office of the State Courts
  184  Administrator;
  185         (f) One representative of the Department of Veterans’
  186  Affairs;
  187         (g) One representative of the Florida Sheriffs Association;
  188         (h) One representative of the Florida Police Chiefs
  189  Association;
  190         (i) One representative of the Florida Association of
  191  Counties;
  192         (j) One representative of the Florida Alcohol and Drug
  193  Abuse Association; and
  194         (k) One representative from the Florida Council for
  195  Community Mental Health.
  196  
  197  The committee shall serve as the advisory body to review policy
  198  and funding issues that help reduce the impact of persons with
  199  mental illness and substance abuse disorders on communities and
  200  the court system. The committee shall advise the department in
  201  selecting priorities for applying and reviewing grants and
  202  investing awarded grant moneys.
  203         (3) In addition to the committee established pursuant to
  204  subsection (2), the department shall create a grant review and
  205  selection committee. To the extent possible, the members of the
  206  grant review and selection committee shall have expertise in the
  207  content areas relating to grant applications, including, but not
  208  limited to, substance abuse and mental health disorders,
  209  community corrections, and law enforcement. In addition, members
  210  shall have experience in grant writing, grant reviewing, and
  211  grant application scoring.
  212         (4)(a)(3)(a) A county, or a not-for-profit community
  213  provider designated by a local county planning council or
  214  committee described in s. 394.657, may apply for a 1-year
  215  planning grant or a 3-year implementation or expansion grant.
  216  The purpose of the grants is to demonstrate that investment in
  217  treatment efforts related to mental illness, substance abuse
  218  disorders, or co-occurring mental health and substance abuse
  219  disorders results in a reduced demand on the resources of the
  220  judicial, corrections, juvenile detention, and health and social
  221  services systems.
  222         (b) To be eligible to receive a 1-year planning grant or a
  223  3-year implementation or expansion grant, a county applicant
  224  must have a county planning council or committee that is in
  225  compliance with the membership requirements set forth in this
  226  section.
  227         (5)(4) The Criminal Justice, Mental Health, and Substance
  228  Abuse Statewide Grant Review Committee shall notify the
  229  Department of Children and Families in writing of the names of
  230  the applicants who have been selected by the committee to
  231  receive a grant. Contingent upon the availability of funds and
  232  upon notification by the review committee of those applicants
  233  approved to receive planning, implementation, or expansion
  234  grants, the Department of Children and Families may transfer
  235  funds appropriated for the grant program to an approved
  236  applicant any county awarded a grant.
  237         Section 3. Present paragraphs (b) through (g) of subsection
  238  (7) of section 394.9082, Florida Statutes, are redesignated as
  239  paragraphs (c) through (h), respectively, a new paragraph (b) is
  240  added to that subsection, present paragraphs (c) and (d) of that
  241  subsection are amended, present subsections (10) and (11) of
  242  that section are redesignated as subsections (11) and (12),
  243  respectively, and a new subsection (10) is added to that
  244  section, to read:
  245         394.9082 Behavioral health managing entities.—
  246         (7) MANAGING ENTITY REQUIREMENTS.—The department may adopt
  247  rules and standards and a process for the qualification and
  248  operation of managing entities which are based, in part, on the
  249  following criteria:
  250         (b) A managing entity shall establish a process for the
  251  enrollment of the state’s priority substance abuse and mental
  252  health populations into substance abuse and mental health
  253  services. The department shall establish enrollment criteria to
  254  be implemented by managing entities and their contracted service
  255  providers. A client’s enrollment establishes the client’s
  256  eligibility to receive services and the department’s
  257  participation in the cost of such services. A person seeking
  258  services may not be denied services pending his or her
  259  enrollment.
  260         (d)(c) A managing entity must submit a network management
  261  plan and budget in a form and manner determined by the
  262  department. The plan must detail the means for implementing the
  263  duties to be contracted to the managing entity and the
  264  efficiencies to be anticipated by the department as a result of
  265  executing the contract. The department may require modifications
  266  to the plan and must approve the plan before contracting with a
  267  managing entity. The department may contract with a managing
  268  entity that demonstrates readiness to assume core functions, and
  269  may continue to add functions and responsibilities to the
  270  managing entity’s contract over time as additional competencies
  271  are developed as identified in paragraph (h) (g).
  272  Notwithstanding other provisions of this section, the department
  273  may continue and expand managing entity contracts if the
  274  department determines that the managing entity meets the
  275  requirements specified in this section.
  276         (e)(d) Notwithstanding paragraphs (c) (b) and (d) (c), a
  277  managing entity that is currently a fully integrated system
  278  providing mental health and substance abuse services, Medicaid,
  279  and child welfare services is permitted to continue operating
  280  under its current governance structure as long as the managing
  281  entity can demonstrate to the department that consumers, other
  282  stakeholders, and network providers are included in the planning
  283  process.
  284         (10) CRISIS STABILIZATION SERVICES UTILIZATION DATABASE.
  285  The department shall develop, implement, and maintain standards
  286  under which a managing entity shall collect utilization data
  287  from all public receiving facilities situated within its
  288  geographic service area. As used in this subsection, the term
  289  “public receiving facility” means an entity that meets the
  290  licensure requirements of and is designated by the department to
  291  operate as a public receiving facility under s. 394.875 and that
  292  is operating as a licensed crisis stabilization unit.
  293         (a) The department shall develop standards and protocols
  294  for managing entities and public receiving facilities to use in
  295  the collection, storage, transmittal, and analysis of data. The
  296  standards and protocols must allow for compatibility of data and
  297  data transmittal between public receiving facilities, managing
  298  entities, and the department for the implementation and
  299  requirements of this subsection. The department shall require
  300  managing entities contracted under this section to comply with
  301  this subsection by August 1, 2015.
  302         (b) A managing entity shall require a public receiving
  303  facility within its provider network to submit data to the
  304  managing entity, in real time or at least daily, for:
  305         1. All admissions and discharges of clients receiving
  306  public receiving facility services who qualify as indigent, as
  307  defined in s. 394.4787; and
  308         2. Current active census of total licensed beds, the number
  309  of beds purchased by the department, the number of clients
  310  qualifying as indigent occupying those beds, and the total
  311  number of unoccupied licensed beds regardless of funding.
  312         (c) A managing entity shall require a public receiving
  313  facility within its provider network to submit data, on a
  314  monthly basis, to the managing entity which aggregates the daily
  315  data submitted under paragraph (b). The managing entity shall
  316  reconcile the data in the monthly submission to the data
  317  received by the managing entity under paragraph (b) to check for
  318  consistency. If the monthly aggregate data submitted by a public
  319  receiving facility under this paragraph is inconsistent with the
  320  daily data submitted under paragraph (b), the managing entity
  321  shall consult with the public receiving facility to make
  322  corrections as necessary to ensure accurate data.
  323         (d) A managing entity shall require a public receiving
  324  facility within its provider network to submit data, on an
  325  annual basis, to the managing entity which aggregates the data
  326  submitted and reconciled under paragraph (c). The managing
  327  entity shall reconcile the data in the annual submission to the
  328  data received and reconciled by the managing entity under
  329  paragraph (c) to check for consistency. If the annual aggregate
  330  data submitted by a public receiving facility under this
  331  paragraph is inconsistent with the data received and reconciled
  332  under paragraph (c), the managing entity shall consult with the
  333  public receiving facility to make corrections as necessary to
  334  ensure accurate data.
  335         (e) After ensuring accurate data under paragraphs (c) and
  336  (d), the managing entity shall submit the data to the department
  337  on a monthly and an annual basis. The department shall create a
  338  statewide database for the data described under paragraph (b)
  339  and submitted under this paragraph for the purpose of analyzing
  340  the payments for and the use of crisis stabilization services
  341  funded under the Baker Act on a statewide basis and on an
  342  individual public receiving facility basis.
  343         (f) The department shall adopt rules to administer this
  344  subsection.
  345         (g) The department shall submit a report by January 31,
  346  2016, and annually thereafter, to the Governor, the President of
  347  the Senate, and the Speaker of the House of Representatives
  348  which provides details on the implementation of this subsection,
  349  including the status of the data collection process and a
  350  detailed analysis of the data collected under this subsection.
  351         (h) The implementation of this subsection is subject to
  352  specific appropriations provided to the department under the
  353  General Appropriations Act.
  354         Section 4. Paragraph (c) is added to subsection (8) of
  355  section 409.906, Florida Statutes, to read:
  356         409.906 Optional Medicaid services.—Subject to specific
  357  appropriations, the agency may make payments for services which
  358  are optional to the state under Title XIX of the Social Security
  359  Act and are furnished by Medicaid providers to recipients who
  360  are determined to be eligible on the dates on which the services
  361  were provided. Any optional service that is provided shall be
  362  provided only when medically necessary and in accordance with
  363  state and federal law. Optional services rendered by providers
  364  in mobile units to Medicaid recipients may be restricted or
  365  prohibited by the agency. Nothing in this section shall be
  366  construed to prevent or limit the agency from adjusting fees,
  367  reimbursement rates, lengths of stay, number of visits, or
  368  number of services, or making any other adjustments necessary to
  369  comply with the availability of moneys and any limitations or
  370  directions provided for in the General Appropriations Act or
  371  chapter 216. If necessary to safeguard the state’s systems of
  372  providing services to elderly and disabled persons and subject
  373  to the notice and review provisions of s. 216.177, the Governor
  374  may direct the Agency for Health Care Administration to amend
  375  the Medicaid state plan to delete the optional Medicaid service
  376  known as “Intermediate Care Facilities for the Developmentally
  377  Disabled.” Optional services may include:
  378         (8) COMMUNITY MENTAL HEALTH SERVICES.—
  379         (c) The agency shall submit a federal waiver or a Medicaid
  380  state plan amendment for the provision of health homes for
  381  individuals with chronic conditions, including those with severe
  382  mental illnesses or substance use disorders, as authorized under
  383  42 U.S.C. s. 1396w-4. The waiver or plan amendment shall allow
  384  for a health home services provider to be reimbursed for the
  385  delivery of primary care services and other core services. The
  386  agency shall direct managed care plans to incorporate providers
  387  with health homes into their network and to reimburse the health
  388  home services providers for any services delivered.
  389         1. To be eligible for inclusion in a health home program, a
  390  Medicaid beneficiary must have at least two chronic health
  391  conditions, must have one chronic health condition and is at
  392  risk of having a second chronic health condition, or must have
  393  one serious and persistent mental health condition.
  394         2. A health home must meet standards developed by the Joint
  395  Commission or the Commission on Accreditation of Rehabilitation
  396  Facilities and be a behavioral health organization that provides
  397  screening, evaluation, crisis intervention, medication
  398  management, psychosocial treatment and rehabilitation, care
  399  management, and community integration and support services
  400  designed to assist individuals in addressing their behavioral
  401  health care needs. In addition, a health home must:
  402         a. Embody a recovery-focused model of care which respects
  403  and promotes independence and recovery.
  404         b. Promote healthy lifestyles and provide prevention and
  405  education services that focus on wellness and self-care.
  406         c. Ensure access to and coordinate care across prevention,
  407  primary care, and specialty health care services.
  408         d. Monitor critical health indicators.
  409         e. Support individuals in the self-management of chronic
  410  health conditions.
  411         f. Coordinate and monitor emergency room visits and
  412  hospitalizations, including participation in transition and
  413  discharge planning and followup.
  414         Section 5. Paragraph (e) is added to subsection (10) of
  415  section 29.004, Florida Statutes, to read:
  416         29.004 State courts system.—For purposes of implementing s.
  417  14, Art. V of the State Constitution, the elements of the state
  418  courts system to be provided from state revenues appropriated by
  419  general law are as follows:
  420         (10) Case management. Case management includes:
  421         (e) Service referral, coordination, monitoring, and
  422  tracking for treatment-based mental health court programs under
  423  s. 394.47892.
  424  
  425  Case management may not include costs associated with the
  426  application of therapeutic jurisprudence principles by the
  427  courts. Case management also may not include case intake and
  428  records management conducted by the clerk of court.
  429         Section 6. Subsection (6) of section 39.001, Florida
  430  Statutes, is amended to read:
  431         39.001 Purposes and intent; personnel standards and
  432  screening.—
  433         (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
  434         (a) The Legislature recognizes that early referral and
  435  comprehensive treatment can help combat mental illnesses and
  436  substance abuse disorders in families and that treatment is
  437  cost-effective.
  438         (b) The Legislature establishes the following goals for the
  439  state related to mental illness and substance abuse treatment
  440  services in the dependency process:
  441         1. To ensure the safety of children.
  442         2. To prevent and remediate the consequences of mental
  443  illnesses and substance abuse disorders on families involved in
  444  protective supervision or foster care and reduce the occurrences
  445  of mental illnesses and substance abuse disorders, including
  446  alcohol abuse or related disorders, for families who are at risk
  447  of being involved in protective supervision or foster care.
  448         3. To expedite permanency for children and reunify healthy,
  449  intact families, when appropriate.
  450         4. To support families in recovery.
  451         (c) The Legislature finds that children in the care of the
  452  state’s dependency system need appropriate health care services,
  453  that the impact of mental illnesses and substance abuse
  454  disorders on health indicates the need for health care services
  455  to include treatment for mental health and substance abuse
  456  disorders services to children and parents where appropriate,
  457  and that it is in the state’s best interest that such children
  458  be provided the services they need to enable them to become and
  459  remain independent of state care. In order to provide these
  460  services, the state’s dependency system must have the ability to
  461  identify and provide appropriate intervention and treatment for
  462  children with personal or family-related mental illness and
  463  substance abuse problems.
  464         (d) It is the intent of the Legislature to encourage the
  465  use of the treatment-based mental health court program model
  466  established by s. 394.47892 and drug court program model
  467  established by s. 397.334 and authorize courts to assess
  468  children and persons who have custody or are requesting custody
  469  of children where good cause is shown to identify and address
  470  mental illnesses and substance abuse disorders problems as the
  471  court deems appropriate at every stage of the dependency
  472  process. Participation in treatment, including a treatment-based
  473  mental health court program or a treatment-based drug court
  474  program, may be required by the court following adjudication.
  475  Participation in assessment and treatment before prior to
  476  adjudication is shall be voluntary, except as provided in s.
  477  39.407(16).
  478         (e) It is therefore the purpose of the Legislature to
  479  provide authority for the state to contract with mental health
  480  service providers and community substance abuse treatment
  481  providers for the development and operation of specialized
  482  support and overlay services for the dependency system, which
  483  will be fully implemented and used as resources permit.
  484         (f) Participation in a treatment-based mental health court
  485  program or a the treatment-based drug court program does not
  486  divest any public or private agency of its responsibility for a
  487  child or adult, but is intended to enable these agencies to
  488  better meet their needs through shared responsibility and
  489  resources.
  490         Section 7. Subsection (10) of section 39.507, Florida
  491  Statutes, is amended to read:
  492         39.507 Adjudicatory hearings; orders of adjudication.—
  493         (10) After an adjudication of dependency, or a finding of
  494  dependency where adjudication is withheld, the court may order a
  495  person who has custody or is requesting custody of the child to
  496  submit to a mental health or substance abuse disorder assessment
  497  or evaluation. The assessment or evaluation must be administered
  498  by a qualified professional, as defined in s. 397.311. The court
  499  may also require such person to participate in and comply with
  500  treatment and services identified as necessary, including, when
  501  appropriate and available, participation in and compliance with
  502  a treatment-based mental health court program established under
  503  s. 394.47892 or a treatment-based drug court program established
  504  under s. 397.334. In addition to supervision by the department,
  505  the court, including the treatment-based mental health court
  506  program or treatment-based drug court program, may oversee the
  507  progress and compliance with treatment by a person who has
  508  custody or is requesting custody of the child. The court may
  509  impose appropriate available sanctions for noncompliance upon a
  510  person who has custody or is requesting custody of the child or
  511  make a finding of noncompliance for consideration in determining
  512  whether an alternative placement of the child is in the child’s
  513  best interests. Any order entered under this subsection may be
  514  made only upon good cause shown. This subsection does not
  515  authorize placement of a child with a person seeking custody,
  516  other than the parent or legal custodian, who requires mental
  517  health or substance abuse disorder treatment.
  518         Section 8. Paragraph (b) of subsection (1) of section
  519  39.521, Florida Statutes, is amended to read:
  520         39.521 Disposition hearings; powers of disposition.—
  521         (1) A disposition hearing shall be conducted by the court,
  522  if the court finds that the facts alleged in the petition for
  523  dependency were proven in the adjudicatory hearing, or if the
  524  parents or legal custodians have consented to the finding of
  525  dependency or admitted the allegations in the petition, have
  526  failed to appear for the arraignment hearing after proper
  527  notice, or have not been located despite a diligent search
  528  having been conducted.
  529         (b) When any child is adjudicated by a court to be
  530  dependent, the court having jurisdiction of the child has the
  531  power by order to:
  532         1. Require the parent and, when appropriate, the legal
  533  custodian and the child to participate in treatment and services
  534  identified as necessary. The court may require the person who
  535  has custody or who is requesting custody of the child to submit
  536  to a mental health or substance abuse disorder assessment or
  537  evaluation. The assessment or evaluation must be administered by
  538  a qualified professional, as defined in s. 397.311. The court
  539  may also require such person to participate in and comply with
  540  treatment and services identified as necessary, including, when
  541  appropriate and available, participation in and compliance with
  542  a treatment-based mental health court program established under
  543  s. 394.47892 or treatment-based drug court program established
  544  under s. 397.334. In addition to supervision by the department,
  545  the court, including the treatment-based mental health court
  546  program or treatment-based drug court program, may oversee the
  547  progress and compliance with treatment by a person who has
  548  custody or is requesting custody of the child. The court may
  549  impose appropriate available sanctions for noncompliance upon a
  550  person who has custody or is requesting custody of the child or
  551  make a finding of noncompliance for consideration in determining
  552  whether an alternative placement of the child is in the child’s
  553  best interests. Any order entered under this subparagraph may be
  554  made only upon good cause shown. This subparagraph does not
  555  authorize placement of a child with a person seeking custody of
  556  the child, other than the child’s parent or legal custodian, who
  557  requires mental health or substance abuse disorder treatment.
  558         2. Require, if the court deems necessary, the parties to
  559  participate in dependency mediation.
  560         3. Require placement of the child either under the
  561  protective supervision of an authorized agent of the department
  562  in the home of one or both of the child’s parents or in the home
  563  of a relative of the child or another adult approved by the
  564  court, or in the custody of the department. Protective
  565  supervision continues until the court terminates it or until the
  566  child reaches the age of 18, whichever date is first. Protective
  567  supervision shall be terminated by the court whenever the court
  568  determines that permanency has been achieved for the child,
  569  whether with a parent, another relative, or a legal custodian,
  570  and that protective supervision is no longer needed. The
  571  termination of supervision may be with or without retaining
  572  jurisdiction, at the court’s discretion, and shall in either
  573  case be considered a permanency option for the child. The order
  574  terminating supervision by the department shall set forth the
  575  powers of the custodian of the child and shall include the
  576  powers ordinarily granted to a guardian of the person of a minor
  577  unless otherwise specified. Upon the court’s termination of
  578  supervision by the department, no further judicial reviews are
  579  required, so long as permanency has been established for the
  580  child.
  581         Section 9. The Agency for Health Care Administration shall
  582  apply to the United States Department of Health and Human
  583  Services for a planning grant and any other subsequent grant
  584  programs that become available through s. 203 of the federal
  585  Protecting Access to Medicare Act of 2014, Pub. L. No. 113-93,
  586  and that create opportunity to improve access to community
  587  mental health services while improving Medicaid reimbursement
  588  rates for such services. The agency shall collaborate with the
  589  Department of Children and Families in preparing the state’s
  590  application for submission.
  591         Section 10. This act shall take effect July 1, 2015.