Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 599, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .        Floor: SENAT/CA         
             03/03/2016 11:20 AM       .      03/11/2016 10:13 AM       

       Senator Detert moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 39.013, Florida
    6  Statutes, is amended to read:
    7         39.013 Procedures and jurisdiction; right to counsel.—
    8         (2) The circuit court has exclusive original jurisdiction
    9  of all proceedings under this chapter, of a child voluntarily
   10  placed with a licensed child-caring agency, a licensed child
   11  placing agency, or the department, and of the adoption of
   12  children whose parental rights have been terminated under this
   13  chapter. Jurisdiction attaches when the initial shelter
   14  petition, dependency petition, or termination of parental rights
   15  petition, or a petition for an injunction to prevent child abuse
   16  issued pursuant to s. 39.504, is filed or when a child is taken
   17  into the custody of the department. The circuit court may assume
   18  jurisdiction over any such proceeding regardless of whether the
   19  child was in the physical custody of both parents, was in the
   20  sole legal or physical custody of only one parent, caregiver, or
   21  some other person, or was not in the physical or legal custody
   22  of any person when the event or condition occurred that brought
   23  the child to the attention of the court. When the court obtains
   24  jurisdiction of any child who has been found to be dependent,
   25  the court shall retain jurisdiction, unless relinquished by its
   26  order, until the child reaches 21 years of age, or 22 years of
   27  age if the child has a disability, with the following
   28  exceptions:
   29         (a) If a young adult chooses to leave foster care upon
   30  reaching 18 years of age.
   31         (b) If a young adult does not meet the eligibility
   32  requirements to remain in foster care under s. 39.6251 or
   33  chooses to leave care under that section.
   34         (c) If a young adult petitions the court at any time before
   35  his or her 19th birthday requesting the court’s continued
   36  jurisdiction, the juvenile court may retain jurisdiction under
   37  this chapter for a period not to exceed 1 year following the
   38  young adult’s 18th birthday for the purpose of determining
   39  whether appropriate services that were required to be provided
   40  to the young adult before reaching 18 years of age have been
   41  provided.
   42         (d) If a petition for special immigrant juvenile status and
   43  an application for adjustment of status have been filed on
   44  behalf of a foster child and the petition and application have
   45  not been granted by the time the child reaches 18 years of age,
   46  the court may retain jurisdiction over the dependency case
   47  solely for the purpose of allowing the continued consideration
   48  of the petition and application by federal authorities. Review
   49  hearings for the child shall be set solely for the purpose of
   50  determining the status of the petition and application. The
   51  court’s jurisdiction terminates upon the final decision of the
   52  federal authorities. Retention of jurisdiction in this instance
   53  does not affect the services available to a young adult under s.
   54  409.1451. The court may not retain jurisdiction of the case
   55  after the immigrant child’s 22nd birthday.
   56         Section 2. Subsection (11) of section 39.2015, Florida
   57  Statutes, is amended to read:
   58         39.2015 Critical incident rapid response team.—
   59         (11) The secretary shall appoint an advisory committee made
   60  up of experts in child protection and child welfare, including
   61  the Statewide Medical Director for Child Protection under the
   62  Department of Health, a representative from the institute
   63  established pursuant to s. 1004.615, an expert in organizational
   64  management, and an attorney with experience in child welfare, to
   65  conduct an independent review of investigative reports from the
   66  critical incident rapid response teams and to make
   67  recommendations to improve policies and practices related to
   68  child protection and child welfare services. The advisory
   69  committee shall meet at least once each quarter and shall submit
   70  quarterly reports to the secretary which include findings and
   71  recommendations. The quarterly reports must include findings and
   72  recommendations and must describe the implementation status of
   73  all recommendations contained within the advisory committee
   74  reports, including an entity’s reason for not implementing a
   75  recommendation, if applicable. The secretary shall submit each
   76  report to the Governor, the President of the Senate, and the
   77  Speaker of the House of Representatives.
   78         Section 3. Paragraphs (f) and (h) of subsection (8) of
   79  section 39.402, Florida Statutes, are amended to read:
   80         39.402 Placement in a shelter.—
   81         (8)
   82         (f) At the shelter hearing, the department shall inform the
   83  court of:
   84         1. Any identified current or previous case plans negotiated
   85  under this chapter in any judicial circuit district with the
   86  parents or caregivers under this chapter and problems associated
   87  with compliance;
   88         2. Any adjudication of the parents or caregivers of
   89  delinquency;
   90         3. Any past or current injunction for protection from
   91  domestic violence or any past or current order of no contact;
   92  and
   93         4. All of the child’s places of residence during the prior
   94  12 months.
   95         (h) The order for placement of a child in shelter care must
   96  identify the parties present at the hearing and must contain
   97  written findings:
   98         1. That placement in shelter care is necessary based on the
   99  criteria in subsections (1) and (2).
  100         2. That placement in shelter care is in the best interest
  101  of the child.
  102         3. That continuation of the child in the home is contrary
  103  to the welfare of the child because the home situation presents
  104  a substantial and immediate danger to the child’s physical,
  105  mental, or emotional health or safety which cannot be mitigated
  106  by the provision of safety management preventive services.
  107         4. That based upon the allegations of the petition for
  108  placement in shelter care, there is probable cause to believe
  109  that the child is dependent or that the court needs additional
  110  time, which may not exceed 72 hours, in which to obtain and
  111  review documents pertaining to the family in order to
  112  appropriately determine whether placement in shelter care is
  113  necessary to ensure the child’s safety risk to the child.
  114         5. That the department has made reasonable efforts to
  115  prevent or eliminate the need for removal of the child from the
  116  home. A finding of reasonable effort by the department to
  117  prevent or eliminate the need for removal may be made and the
  118  department is deemed to have made reasonable efforts to prevent
  119  or eliminate the need for removal if:
  120         a. The first contact of the department with the family
  121  occurs during an emergency;
  122         b. The appraisal of the home situation by the department
  123  indicates that the home situation presents a substantial and
  124  immediate danger to the child’s physical, mental, or emotional
  125  health or safety which cannot be mitigated by the provision of
  126  safety management preventive services, including issuance of an
  127  injunction against a perpetrator of domestic violence pursuant
  128  to s. 39.504;
  129         c. The child cannot safely remain at home, either because
  130  there are no safety management preventive services that can
  131  ensure the health and safety of the child or because, even with
  132  appropriate and available services being provided, the health
  133  and safety of the child cannot be ensured; or
  134         d. The parent or legal custodian is alleged to have
  135  committed any of the acts listed as grounds for expedited
  136  termination of parental rights in s. 39.806(1)(f)-(i).
  137         6. That the department has made reasonable efforts to keep
  138  siblings together if they are removed and placed in out-of-home
  139  care unless such placement is not in the best interest of each
  140  child. It is preferred that siblings be kept together in a
  141  foster home, if available. Other reasonable efforts shall
  142  include short-term placement in a group home with the ability to
  143  accommodate sibling groups if such a placement is available. The
  144  department shall report to the court its efforts to place
  145  siblings together unless the court finds that such placement is
  146  not in the best interest of a child or his or her sibling.
  147         7. That the court notified the parents, relatives that are
  148  providing out-of-home care for the child, or legal custodians of
  149  the time, date, and location of the next dependency hearing and
  150  of the importance of the active participation of the parents,
  151  relatives that are providing out-of-home care for the child, or
  152  legal custodians in all proceedings and hearings.
  153         8. That the court notified the parents or legal custodians
  154  of their right to counsel to represent them at the shelter
  155  hearing and at each subsequent hearing or proceeding, and the
  156  right of the parents to appointed counsel, pursuant to the
  157  procedures set forth in s. 39.013.
  158         9. That the court notified relatives who are providing out
  159  of-home care for a child as a result of the shelter petition
  160  being granted that they have the right to attend all subsequent
  161  hearings, to submit reports to the court, and to speak to the
  162  court regarding the child, if they so desire.
  163         Section 4. Paragraph (a) of subsection (1) of section
  164  39.521, Florida Statutes, is amended, and present paragraphs (b)
  165  through (f) of that subsection are redesignated as paragraphs
  166  (c) through (g), respectively, to read:
  167         39.521 Disposition hearings; powers of disposition.—
  168         (1) A disposition hearing shall be conducted by the court,
  169  if the court finds that the facts alleged in the petition for
  170  dependency were proven in the adjudicatory hearing, or if the
  171  parents or legal custodians have consented to the finding of
  172  dependency or admitted the allegations in the petition, have
  173  failed to appear for the arraignment hearing after proper
  174  notice, or have not been located despite a diligent search
  175  having been conducted.
  176         (a) A written case plan and a predisposition study prepared
  177  by an authorized agent of the department must be approved by
  178  filed with the court. The department must file the case plan and
  179  the predisposition study with the court, serve a copy of the
  180  case plan on, served upon the parents of the child, and provide
  181  a copy of the case plan provided to the representative of the
  182  guardian ad litem program, if the program has been appointed,
  183  and provided to all other parties:
  184         1. Not less than 72 hours before the disposition hearing,
  185  if the disposition hearing occurs on or after the 60th day after
  186  the date the child was placed in out-of-home care. All such case
  187  plans must be approved by the court.
  188         2. Not less than 72 hours before the case plan acceptance
  189  hearing, if the disposition hearing occurs before the 60th day
  190  after the date the child was placed in out-of-home care and a
  191  case plan has not been submitted pursuant to this paragraph, or
  192  if the court does not approve the case plan at the disposition
  193  hearing. The case plan acceptance hearing must occur, the court
  194  must set a hearing within 30 days after the disposition hearing
  195  to review and approve the case plan.
  196         (b) The court may grant an exception to the requirement for
  197  a predisposition study by separate order or within the judge’s
  198  order of disposition upon finding that all the family and child
  199  information required by subsection (2) is available in other
  200  documents filed with the court.
  201         Section 5. Subsection (2) of section 39.522, Florida
  202  Statutes, is amended to read:
  203         39.522 Postdisposition change of custody.—The court may
  204  change the temporary legal custody or the conditions of
  205  protective supervision at a postdisposition hearing, without the
  206  necessity of another adjudicatory hearing.
  207         (2) In cases where the issue before the court is whether a
  208  child should be reunited with a parent, the court shall
  209  determine whether the circumstances that caused the out-of-home
  210  placement and issues subsequently identified have been remedied
  211  parent has substantially complied with the terms of the case
  212  plan to the extent that the return of the child to the home with
  213  an in-home safety plan will not be detrimental to the child’s
  214  safety, well-being, and physical, mental, and emotional health
  215  of the child is not endangered by the return of the child to the
  216  home.
  217         Section 6. Section 39.6011, Florida Statutes, is amended to
  218  read:
  219         (Substantial rewording of section. See
  220         s. 39.6011, F.S., for present text.)
  221         39.6011 Case plan purpose; requirements; procedures.—
  222         (1) PURPOSE.—The purpose of the case plan is to promote and
  223  facilitate change in parental behavior and to address the
  224  treatment and long-term well-being of children receiving
  225  services under this chapter.
  226         (2)GENERAL REQUIREMENTS.—The department shall draft a case
  227  plan for each child receiving services under this chapter. The
  228  case plan must:
  229         (a) Document that an assessment of the service needs of the
  230  child and family, and preventive services, if appropriate, have
  231  been provided pursuant to s. 409.143 and that reasonable efforts
  232  to prevent out-of-home placement have been made.
  233         (b)Be developed in a face-to-face conference with the
  234  parent of the child, any court-appointed guardian ad litem, the
  235  child’s attorney, and, if appropriate, the temporary custodian
  236  of the child. The parent may receive assistance from any person
  237  or social service agency in preparing the case plan. The social
  238  service agency, the department, and the court, when applicable,
  239  shall inform the parent of the right to receive such assistance,
  240  including the right to assistance of counsel.
  241         (c)Be written simply and clearly in English and, if
  242  English is not the principal language of the child’s parent, in
  243  the parent’s principal language, to the extent practicable.
  244         (d)Describe a process for making available to all physical
  245  custodians and family services counselors the information
  246  required by s. 39.6012(2) and for ensuring that this information
  247  follows the child until permanency has been achieved.
  248         (e)Specify the period of time for which the case plan is
  249  applicable, which must be as short a period as possible for the
  250  parent to comply with the terms of the plan. The case plan’s
  251  compliance period expires no later than 12 months after the date
  252  the child was initially removed from the home, the date the
  253  child is adjudicated dependent, or the date the case plan is
  254  accepted by the court, whichever occurs first.
  255         (f)Be signed by all of the parties. Signing the case plan
  256  constitutes an acknowledgment by each of the parties that they
  257  have been involved in the development of the case plan and that
  258  they are in agreement with the terms and conditions contained in
  259  the case plan. The refusal of a parent to sign the case plan
  260  does not preclude the court’s acceptance of the case plan if it
  261  is otherwise acceptable to the court. The parent’s signing of
  262  the case plan does not constitute an admission to any allegation
  263  of abuse, abandonment, or neglect and does not constitute
  264  consent to a finding of dependency or termination of parental
  265  rights. The department shall explain the provisions of the case
  266  plan to all persons involved in its implementation, before the
  267  signing of the plan.
  268         (3)PARTICIPATION BY THE CHILD.If the child has attained
  269  14 years of age or is otherwise of an appropriate age and
  270  capacity, the child must:
  271         (a) Be consulted on the development of the case plan; have
  272  the opportunity to attend a face-to-face conference, if
  273  appropriate; have the opportunity to express a placement
  274  preference; and have the option to choose two members for the
  275  case planning team who are not a foster parent or caseworker for
  276  the child.
  277         1.An individual selected by a child to be a member of the
  278  case planning team may be rejected at any time if there is good
  279  cause to believe that the individual would not act in the best
  280  interest of the child. One individual selected by a child to be
  281  a member of the child’s case planning team may be designated to
  282  be the child’s advisor and, as necessary, advocate with respect
  283  to the application of the reasonable and prudent parent standard
  284  to the child.
  285         2.The child may not be included in an aspect of the case
  286  planning process when information will be revealed or discussed
  287  which is of a nature that would best be presented to the child
  288  in a more therapeutic setting.
  289         (b) Sign the case plan, unless there is reason to waive the
  290  child’s signature.
  291         (c) Receive an explanation of the provisions of the case
  292  plan from the department.
  293         (d) After the case plan is agreed upon and signed by all of
  294  the parties, and after jurisdiction attaches and the case plan
  295  is filed with the court, be provided a copy of the case plan
  296  within 72 hours before the disposition hearing.
  297         (e) Notwithstanding s. 39.202, the department may discuss
  298  confidential information during the case planning conference in
  299  the presence of individuals who participate in the staffing. All
  300  individuals who participate in the staffing shall maintain the
  301  confidentiality of all information shared during the case
  302  planning staffing.
  303         (4)NOTICE TO PARENTS.The case plan must document that
  304  each parent has been advised of the following by written notice:
  305         (a)That he or she may not be coerced or threatened with
  306  the loss of custody or parental rights for failing to admit the
  307  abuse, neglect, or abandonment of the child in the case plan.
  308  Participation in the development of a case plan is not an
  309  admission to any allegation of abuse, abandonment, or neglect
  310  and does not constitute consent to a finding of dependency or
  311  termination of parental rights.
  312         (b)That the department must document a parent’s
  313  unwillingness or inability to participate in developing a case
  314  plan and provide such documentation in writing to the parent
  315  when it becomes available for the court record. In such event,
  316  the department shall prepare a case plan that, to the extent
  317  possible, conforms with the requirements of this section. The
  318  parent must also be advised that his or her unwillingness or
  319  inability to participate in developing a case plan does not
  320  preclude the filing of a petition for dependency or for
  321  termination of parental rights. If the parent is available, the
  322  department shall provide a copy of the case plan to the parent
  323  and advise him or her that, at any time before the filing of a
  324  petition for termination of parental rights, he or she may enter
  325  into a case plan and that he or she may request judicial review
  326  of any provision of the case plan with which he or she disagrees
  327  at any court hearing set for the child.
  328         (c)That his or her failure to substantially comply with
  329  the case plan may result in the termination of parental rights
  330  and that a material breach of the case plan may result in the
  331  filing of a petition for termination of parental rights before
  332  the scheduled completion date.
  333         (5)DISTRIBUTION AND FILING WITH THE COURT.—The department
  334  shall adhere to the following procedural requirements in
  335  developing and distributing a case plan:
  336         (a)After the case plan has been agreed upon and signed by
  337  the parties, a copy of the case plan must immediately be given
  338  to the parties and to other persons, as directed by the court.
  339         (b)In each case in which a child has been placed in out
  340  of-home care, a case plan must be prepared within 60 days after
  341  the department removes the child from the home and must be
  342  submitted to the court for review and approval before the
  343  disposition hearing.
  344         (c)After jurisdiction attaches, all case plans must be
  345  filed with the court and a copy provided to all of the parties
  346  whose whereabouts are known not less than 72 hours before the
  347  disposition hearing. The department shall file with the court
  348  all case plans prepared before jurisdiction of the court
  349  attaches, and the department shall provide copies of all such
  350  case plans to all of the parties.
  351         (d)A case plan must be prepared, but need not be submitted
  352  to the court, for a child who will be in care for 30 days or
  353  less unless that child is placed in out-of-home care for a
  354  second time within a 12-month period.
  355         Section 7. Section 39.6012, Florida Statutes, is amended to
  356  read:
  357         (Substantial rewording of section. See
  358         s. 39.6012, F.S., for present text.)
  359         39.6012 Services and parental tasks under the case plan;
  360  safety, permanency, and well-being of the child.—The case plan
  361  must include a description of the identified problem that is
  362  being addressed, including the parent’s behavior or acts that
  363  have resulted in a threat to the safety of the child and the
  364  reason for the department’s intervention. The case plan must be
  365  designed to improve conditions in the child’s home to facilitate
  366  the child’s safe return and ensure proper care of the child, or
  367  to facilitate the child’s permanent placement. The services
  368  offered must be as unobtrusive as possible in the lives of the
  369  parent and the child, must focus on clearly defined objectives,
  370  and must provide the most timely and efficient path to
  371  reunification or permanent placement, given the circumstances of
  372  the case and the child’s need for safe and proper care.
  373         (1)CASE PLAN SERVICES AND TASKS.The case plan must be
  374  based upon an assessment of the circumstances that required
  375  intervention by the child welfare system. The case plan must
  376  describe the role of the foster parents or legal custodians and
  377  must be developed in conjunction with the determination of the
  378  services that are to be provided under the case plan to the
  379  child, foster parents, or legal custodians. If a parent’s
  380  substantial compliance with the case plan requires the
  381  department to provide services to the parent or the child and
  382  the parent agrees to begin compliance with the case plan before
  383  it is accepted by the court, the department shall make
  384  appropriate referrals for services which will allow the parent
  385  to immediately begin the agreed-upon tasks and services.
  386         (a)Itemization in the case plan.The case plan must
  387  describe each of the tasks that the parent must complete and the
  388  services that will be provided to the parent, in the context of
  389  the identified problem, including:
  390         1.The type of services or treatment that will be provided.
  391         2.If the service is being provided by the department or
  392  its agent, the date the department will provide each service or
  393  referral for service.
  394         3.The date by which the parent must complete each task.
  395         4.The frequency of services or treatment to be provided,
  396  which shall be determined by the professionals providing the
  397  services and may be adjusted as needed based on the best
  398  professional judgment of the providers.
  399         5.The location of the delivery of the services.
  400         6.Identification of the staff of the department or of the
  401  service provider who are responsible for the delivery of
  402  services or treatment.
  403         7.A description of measurable outcomes, including the
  404  timeframes specified for achieving the objectives of the case
  405  plan and addressing the identified problem.
  406         (b)Meetings with case manager.The case plan must include
  407  a schedule of the minimum number of face-to-face meetings to be
  408  held each month between the parent and the case manager to
  409  review the progress of the case plan, eliminate barriers to
  410  completion of the plan, and resolve conflicts or disagreements.
  411         (c)Request for notification from relative.The case
  412  manager shall advise the attorney for the department of a
  413  relative’s request to receive notification of proceedings and
  414  hearings submitted pursuant to s. 39.301(14)(b).
  415         (d)Financial support.The case plan must specify the
  416  parent’s responsibility for the financial support of the child,
  417  including, but not limited to, health insurance and child
  418  support. The case plan must list the costs associated with any
  419  services or treatment that the parent and child are expected to
  420  receive which are the financial responsibility of the parent.
  421  The determination of child support and other financial support
  422  must be made independently of any determination of dependency
  423  under s. 39.013.
  425  case plan must include all available information that is
  426  relevant to the child’s care, including a detailed description
  427  of the identified needs of the child while in care and a
  428  description of the plan for ensuring that the child receives
  429  safe and proper care that is appropriate to his or her needs.
  430  Participation by the child must meet the requirements under s.
  431  39.6011.
  432         (a) Placement.To comply with federal law, the department
  433  must ensure that the placement of a child in foster care is in
  434  the least restrictive, most family-like environment; must review
  435  the family assessment, safety plan, and case plan for the child
  436  to assess the necessity for and the appropriateness of the
  437  placement; must assess the progress that has been made toward
  438  case plan outcomes; and must project a likely date by which the
  439  child may be safely reunified or placed for adoption or legal
  440  guardianship. The family assessment must indicate the type of
  441  placement to which the child has been assigned and must document
  442  the following:
  443         1. That the child has undergone the placement assessments
  444  required pursuant to s. 409.143.
  445         2. That the child has been placed in the least restrictive
  446  and most family-like setting available consistent with the best
  447  interest and special needs of the child and in as close
  448  proximity as possible to the child’s home.
  449         3. If the child is placed in a setting that is more
  450  restrictive than recommended by the placement assessments or is
  451  placed more than 50 miles from the child’s home, the reasons for
  452  which the placement is necessary and in the best interest of the
  453  child and the steps required to place the child in the placement
  454  recommended by the assessment.
  455         4.If residential group care is recommended for the child,
  456  the needs of the child which necessitate such placement, the
  457  plan for transitioning the child to a family setting, and the
  458  projected timeline for the child’s transition to a less
  459  restrictive environment.
  460         5.If the child is placed in residential group care, that
  461  his or her case plan is reviewed and updated within 90 days
  462  after the child’s admission to the residential group care
  463  facility and at least every 60 days thereafter.
  464         (b) Permanency.If reunifying a child with his or her
  465  family is not possible, the department shall make every effort
  466  to provide other forms of permanency, such as adoption or
  467  guardianship. If a child is placed in an out-of-home placement,
  468  the case plan, in addition to any other requirements imposed by
  469  law or department rule, must include:
  470         1. If concurrent planning is being used, a description of
  471  the permanency goal of reunification with the parent or legal
  472  custodian and a description of one of the remaining permanency
  473  goals defined in s. 39.01; or, if concurrent case planning is
  474  not being used, an explanation as to why it is not being used.
  475         2. If the case plan has as its goal the adoption of the
  476  child or his or her placement in another permanent home, a
  477  statement of the child’s wishes regarding his or her permanent
  478  placement plan and an assessment of those stated wishes. The
  479  case plan must also include documentation of the steps the
  480  social service agency is taking to find an adoptive family or
  481  other permanent living arrangements for the child; to place the
  482  child with an adoptive family, an appropriate and willing
  483  relative, or a legal guardian; and to finalize the adoption or
  484  legal guardianship. At a minimum, the documentation must include
  485  child-specific recruitment efforts, such as the use of state,
  486  regional, and national adoption exchanges, including electronic
  487  exchange systems, after he or she has become legally eligible
  488  for adoption.
  489         3. If the child has been in out-of-home care for at least
  490  12 months and the permanency goal is not adoptive placement, the
  491  documentation of the compelling reason for a finding that
  492  termination of parental rights is not in the child’s best
  493  interest.
  494         (c)Education.A case plan must ensure the educational
  495  stability of the child while in foster care. To the extent
  496  available and accessible, the names and addresses of the child’s
  497  educational providers, a record of his or her grade level
  498  performance, and his or her school record must be attached to
  499  the case plan and updated throughout the judicial review
  500  process. The case plan must also include documentation that the
  501  placement:
  502         1.Takes into account the appropriateness of the current
  503  educational setting and the proximity to the school in which the
  504  child is enrolled at the time of placement.
  505         2.Has been coordinated with appropriate local educational
  506  agencies to ensure that the child remains in the school in which
  507  the child is enrolled at the time of placement or, if remaining
  508  in that school is not in the best interest of the child,
  509  assurances by the department and the local education agency to
  510  provide immediate and appropriate enrollment in a new school and
  511  to provide all of the child’s educational records to the new
  512  school.
  513         (d) Health care.To the extent that they are available and
  514  accessible, the names and addresses of the child’s health and
  515  behavioral health providers, a record of the child’s
  516  immunizations, the child’s known medical history, including any
  517  known health issues, the child’s medications, and any other
  518  relevant health and behavioral health information must be
  519  attached to the case plan and updated throughout the judicial
  520  review process.
  521         (e) Contact with family, extended family, and fictive kin.
  522  When out-of-home placement is made, the case plan must include
  523  provisions for the development and maintenance of sibling
  524  relationships and visitation, if the child has siblings and is
  525  separated from them, a description of the parent’s visitation
  526  rights and obligations, and a description of any visitation
  527  rights with extended family members as defined in s. 751.011. As
  528  used in this paragraph, the term “fictive kin” means individuals
  529  who are unrelated to the child by birth or marriage, but who
  530  have an emotionally significant relationship with the child
  531  which would take on the characteristics of a family
  532  relationship. As soon as possible after a court order is
  533  entered, the following must be provided to the child’s out-of
  534  home caregiver:
  535         1. Information regarding any court-ordered visitation
  536  between the child and the parents and the court-ordered terms
  537  and conditions necessary to facilitate the visits and protect
  538  the safety of the child.
  539         2. Information regarding the schedule and frequency of the
  540  visits between the child and his or her siblings, as well as any
  541  court-ordered terms and conditions necessary to facilitate the
  542  visits and protect the safety of the child.
  543         3. Information regarding the schedule and frequency of the
  544  visits between the child and any extended family member or
  545  fictive kin, as well as any court-ordered terms and conditions
  546  necessary to facilitate the visits and protect the safety of the
  547  child.
  548         (f) Independent living.
  549         1. When appropriate, the case plan for a child who is 13
  550  years of age or older must include a written description of the
  551  life skills services to be provided by the caregiver which will
  552  assist the child, consistent with his or her best interests, in
  553  preparing for the transition from foster care to independent
  554  living. The case plan must be developed with the child and
  555  individuals identified as important to the child and must
  556  include the steps the social service agency is taking to ensure
  557  that the child has a connection with a caring adult.
  558         2.During the 180-day period after a child reaches 17 years
  559  of age, the department and the community-based care provider, in
  560  collaboration with the caregiver and any other individual whom
  561  the child would like to include, shall assist the child in
  562  developing a transition plan pursuant to s. 39.6035, which is in
  563  addition to standard case management requirements. The
  564  transition plan must address specific options that the child may
  565  use in obtaining services, including housing, health insurance,
  566  education, and workforce support and employment services. The
  567  transition plan must also consider establishing and maintaining
  568  naturally occurring mentoring relationships and other personal
  569  support services. The transition plan may be as detailed as the
  570  child chooses and must be attached to the case plan and updated
  571  before each judicial review.
  572         Section 8. Subsection (4) of section 39.6035, Florida
  573  Statutes, is amended to read:
  574         39.6035 Transition plan.—
  575         (4) If a child is planning to leave care upon reaching 18
  576  years of age, The transition plan must be approved by the court
  577  before the child attains 18 years of age and must be attached to
  578  the case plan and updated before each judicial review child
  579  leaves care and the court terminates jurisdiction.
  580         Section 9. Subsection (2) of section 39.621, Florida
  581  Statutes, is amended, and present subsections (3) through (11)
  582  of that section are redesignated as subsections (4) through
  583  (12), respectively, to read:
  584         39.621 Permanency determination by the court.—
  585         (2) The permanency goal of maintaining and strengthening
  586  the placement with a parent may be used in the following
  587  circumstances:
  588         (a) If a child has not been removed from a parent but is
  589  found to be dependent, even if adjudication of dependency is
  590  withheld, the court may leave the child in the current placement
  591  with maintaining and strengthening the placement as a permanency
  592  option.
  593         (b) If a child has been removed from a parent and is placed
  594  with the parent from whom the child was not removed, the court
  595  may leave the child in the placement with the parent from whom
  596  the child was not removed with maintaining and strengthening the
  597  placement as a permanency option.
  598         (c) If a child has been removed from a parent and is
  599  subsequently reunified with that parent, the court may leave the
  600  child with that parent with maintaining and strengthening the
  601  placement as a permanency option.
  602         (3)Except as provided in subsection (2), the permanency
  603  goals available under this chapter, listed in order of
  604  preference, are:
  605         (a) Reunification;
  606         (b) Adoption, if a petition for termination of parental
  607  rights has been or will be filed;
  608         (c) Permanent guardianship of a dependent child under s.
  609  39.6221;
  610         (d) Permanent placement with a fit and willing relative
  611  under s. 39.6231; or
  612         (e) Placement in another planned permanent living
  613  arrangement under s. 39.6241.
  614         Section 10. Paragraphs (a) and (d) of subsection (2) of
  615  section 39.701, Florida Statutes, are amended to read:
  616         39.701 Judicial review.—
  618  AGE.—
  619         (a) Social study report for judicial review.—Before every
  620  judicial review hearing or citizen review panel hearing, the
  621  social service agency shall make an investigation and social
  622  study concerning all pertinent details relating to the child and
  623  shall furnish to the court or citizen review panel a written
  624  report that includes, but is not limited to:
  625         1. A description of the type of placement the child is in
  626  at the time of the hearing, including the safety of the child,
  627  and the continuing necessity for and appropriateness of the
  628  placement, and that the placement is in the least restrictive
  629  and most family-like setting that meets the assessed needs of
  630  the child, or an explanation of why the placement is not in the
  631  least restrictive and most family-like setting available that
  632  meets the assessed needs of the child.
  633         2. Documentation of the diligent efforts made by all
  634  parties to the case plan to comply with each applicable
  635  provision of the case plan.
  636         3. The amount of fees assessed and collected during the
  637  period of time being reported.
  638         4. The services provided to the foster family or legal
  639  custodian in an effort to address the needs of the child as
  640  indicated in the case plan.
  641         5. A statement that either:
  642         a. The parent, though able to do so, did not comply
  643  substantially with the case plan, and the agency
  644  recommendations;
  645         b. The parent did substantially comply with the case plan;
  646  or
  647         c. The parent has partially complied with the case plan,
  648  with a summary of additional progress needed and the agency
  649  recommendations.
  650         6.A statement of whether the circumstances that caused the
  651  out-of-home placement and issues subsequently identified have
  652  been remedied to the extent that the return of the child to the
  653  home with an in-home safety plan will not be detrimental to the
  654  child’s safety, well-being, and physical, mental, and emotional
  655  health.
  656         7.6. A statement from the foster parent or legal custodian
  657  providing any material evidence concerning the return of the
  658  child to the parent or parents.
  659         8.7. A statement concerning the frequency, duration, and
  660  results of the parent-child visitation, if any, and the agency
  661  recommendations for an expansion or restriction of future
  662  visitation.
  663         9.8. The number of times a child has been removed from his
  664  or her home and placed elsewhere, the number and types of
  665  placements that have occurred, and the reason for the changes in
  666  placement.
  667         10.9. The number of times a child’s educational placement
  668  has been changed, the number and types of educational placements
  669  which have occurred, and the reason for any change in placement.
  670         11.10. If the child has reached 13 years of age but is not
  671  yet 18 years of age, a statement from the caregiver on the
  672  progress the child has made in acquiring independent living
  673  skills.
  674         12.11. Copies of all medical, psychological, and
  675  educational records that support the terms of the case plan and
  676  that have been produced concerning the parents or any caregiver
  677  since the last judicial review hearing.
  678         13.12. Copies of the child’s current health, mental health,
  679  and education records as identified in s. 39.6012.
  680         (d) Orders.—
  681         1. Based upon the criteria set forth in paragraph (c) and
  682  the recommended order of the citizen review panel, if any, the
  683  court shall determine whether or not the social service agency
  684  shall initiate proceedings to have a child declared a dependent
  685  child, return the child to the parent, continue the child in
  686  out-of-home care for a specified period of time, or initiate
  687  termination of parental rights proceedings for subsequent
  688  placement in an adoptive home. Amendments to the case plan must
  689  be prepared as prescribed in s. 39.6013. If the court finds that
  690  remaining in the home with an in-home safety plan will not be
  691  detrimental to the child’s safety, well-being, and physical,
  692  mental, and emotional health the prevention or reunification
  693  efforts of the department will allow the child to remain safely
  694  at home or be safely returned to the home, the court shall allow
  695  the child to remain in or return to the home after making a
  696  specific finding of fact that the reasons for the creation of
  697  the case plan have been remedied to the extent that the child’s
  698  safety, well-being, and physical, mental, and emotional health
  699  will not be endangered.
  700         2. The court shall return the child to the custody of the
  701  parents at any time it determines that the circumstances that
  702  caused the out-of-home placement and issues subsequently
  703  identified have been remedied to the extent that the return of
  704  the child to the home with an in-home safety plan they have
  705  substantially complied with the case plan, if the court is
  706  satisfied that reunification will not be detrimental to the
  707  child’s safety, well-being, and physical, mental, and emotional
  708  health.
  709         3. If, in the opinion of the court, the social service
  710  agency has not complied with its obligations as specified in the
  711  written case plan, the court may find the social service agency
  712  in contempt, shall order the social service agency to submit its
  713  plans for compliance with the agreement, and shall require the
  714  social service agency to show why the child could not safely be
  715  returned to the home of the parents.
  716         4. If possible, the court shall order the department to
  717  file a written notification before a child changes placements or
  718  living arrangements. If such notification is not possible before
  719  the change, the department must file a notification immediately
  720  after a change. A written notification filed with the court must
  721  include assurances from the department that the provisions of s.
  722  409.145 and administrative rule relating to placement changes
  723  have been met.
  724         5.4. If, at any judicial review, the court finds that the
  725  parents have failed to substantially comply with the case plan
  726  to the degree that further reunification efforts are without
  727  merit and not in the best interest of the child, on its own
  728  motion, the court may order the filing of a petition for
  729  termination of parental rights, whether or not the time period
  730  as contained in the case plan for substantial compliance has
  731  expired.
  732         6.5. Within 6 months after the date that the child was
  733  placed in shelter care, the court shall conduct a judicial
  734  review hearing to review the child’s permanency goal as
  735  identified in the case plan. At the hearing the court shall make
  736  findings regarding the likelihood of the child’s reunification
  737  with the parent or legal custodian within 12 months after the
  738  removal of the child from the home. If the court makes a written
  739  finding that it is not likely that the child will be reunified
  740  with the parent or legal custodian within 12 months after the
  741  child was removed from the home, the department must file with
  742  the court, and serve on all parties, a motion to amend the case
  743  plan under s. 39.6013 and declare that it will use concurrent
  744  planning for the case plan. The department must file the motion
  745  within 10 business days after receiving the written finding of
  746  the court. The department must attach the proposed amended case
  747  plan to the motion. If concurrent planning is already being
  748  used, the case plan must document the efforts the department is
  749  taking to complete the concurrent goal.
  750         7.6. The court may issue a protective order in assistance,
  751  or as a condition, of any other order made under this part. In
  752  addition to the requirements included in the case plan, the
  753  protective order may set forth requirements relating to
  754  reasonable conditions of behavior to be observed for a specified
  755  period of time by a person or agency who is before the court;
  756  and the order may require any person or agency to make periodic
  757  reports to the court containing such information as the court in
  758  its discretion may prescribe.
  759         Section 11. Section 409.143, Florida Statutes, is created
  760  to read:
  761         409.143 Assessment of children in out-of-home placement.—
  762         (1) NEEDS ASSESSMENT.—
  763         (a) Each child placed in out-of-home care shall be referred
  764  by the department for a comprehensive behavioral health
  765  assessment within 7 days after the child enters out-of-home
  766  care.
  767         (b) The comprehensive assessment shall measure the
  768  strengths and needs of the child and family and provide
  769  recommendations for developing the case plan to ensure that the
  770  child has the services and supports that are necessary to
  771  maintain the child in the least restrictive out-of-home care
  772  setting, promote the child’s well-being, accomplish family
  773  preservation and reunification, and facilitate permanency
  774  planning.
  775         (c) Completion of the comprehensive assessment must occur
  776  within 30 days after the child enters out-of-home care.
  777         (d) Upon receipt of a child’s completed comprehensive
  778  assessment, the child’s case manager shall review the assessment
  779  and document whether a less restrictive, more family-like
  780  setting for the child is recommended and available. The
  781  department shall document determinations resulting from the
  782  comprehensive assessment in the Florida Safe Families Network
  783  and update the case plan to include identified needs of the
  784  child and specified services and supports to be provided in the
  785  out-of-home care placement setting to meet the assessed needs of
  786  the child. The case manager shall refer the child and family for
  787  all services identified through a comprehensive assessment. The
  788  planned services shall be implemented within 30 days after the
  789  child’s needs are identified. If services are not initiated
  790  within 30 days, the case manager shall document reasons in the
  791  case file as to why services were not initiated.
  792         (e) The department and the community-based care lead agency
  793  may conduct additional assessments of a child in out-of-home
  794  care if necessary.
  796  AGENCY.—
  797         (a) Within 30 days after a placement of a child in group
  798  care with a residential child-caring agency, a qualified
  799  individual shall make an assessment, using a validated and
  800  evidence-based assessment tool, and determine whether or not the
  801  child’s needs can be met with family members or in a family
  802  foster home and if not, which of the approved foster care
  803  placement settings would provide a more effective and
  804  appropriate level of care. The assessment must be done in
  805  conjunction with a permanency team that must be established by
  806  the department or the community-based care lead agency that
  807  places children pursuant to this section. The team must include
  808  a representative from the community-based care lead agency, the
  809  caseworker for the child, the out-of-home care provider, the
  810  guardian ad litem, any provider of services to the child,
  811  teachers, clergy, relatives, and fictive kin.
  812         (b) Within 60 days after a placement of a child in group
  813  care with a residential child-caring agency, a court must review
  814  the assessment and approve or disapprove the placement. At each
  815  judicial review and permanency, the department shall demonstrate
  816  why the child cannot be served in a family foster home,
  817  demonstrate why the placement in group care with a residential
  818  child-caring agency continues to be necessary and consistent
  819  with the child’s short and long-term goals, and document efforts
  820  to step the child down into a more family-like setting.
  821         (c) If it is determined during any assessment that a child
  822  may be suitable for residential treatment as defined in s.
  823  39.407, the procedures in that section must be followed.
  824         (3) ANNUAL REPORT.—By October 1 of each year, the
  825  department shall report to the Governor, the President of the
  826  Senate, and the Speaker of the House of Representatives on the
  827  placement of children in licensed out-of-home care, including
  828  family foster homes and residential group care, during the year.
  829  At a minimum, the report must include:
  830         (a) The number of children placed in family foster homes
  831  and residential group care.
  832         (b) The number of children placed outside of the county,
  833  outside of the circuit, and outside of the region in which they
  834  were removed from their homes.
  835         (c) The number of children who had to change schools as a
  836  result of a placement decision.
  837         (d) The use of each type of placement setting on a local,
  838  regional, and statewide level.
  839         (e) An inventory of services available, by community-based
  840  care lead agency, which are necessary to maintain children in
  841  the least restrictive settings.
  842         (f) An inventory of permanency teams that are created by
  843  each community-based care lead agency and the progress made by
  844  each lead agency to use those teams.
  845         Section 12. Section 409.144, Florida Statutes, is created
  846  to read:
  847         409.144 Continuum of care for children.—
  849         (a)The Legislature finds that permanency, well-being, and
  850  safety are critical goals for all children, especially for those
  851  in care, and that children in foster care or at risk of entering
  852  foster care are best supported through a continuum of care that
  853  provides appropriate ongoing services, supports, and a place to
  854  live from entry to exit.
  855         (b)The Legislature also finds that federal law requires
  856  that out-of-home placements for children be in the least
  857  restrictive, most family-like setting available which is in
  858  close proximity to the home of their parents and consistent with
  859  the best interests and needs of the child, and that children be
  860  transitioned from out-of-home care to a permanent home in a
  861  timely manner.
  862         (c)The Legislature further finds that permanency can be
  863  achieved through preservation of the family, through
  864  reunification with the birth family, or through legal
  865  guardianship or adoption by relatives or other caring and
  866  committed adults. Planning for permanency should begin at entry
  867  into care and should be child-driven, family-focused, culturally
  868  appropriate, and continuous and approached with the highest
  869  degree of urgency.
  870         (d)It is, therefore, the intent of the Legislature that
  871  the department and the larger child welfare community establish
  872  and maintain a continuum of care that affords every child the
  873  opportunity to benefit from the most appropriate and least
  874  restrictive interventions, both in or out of the home, while
  875  ensuring that well-being and safety are addressed.
  876         (2)DEFINITIONS.—As used in this section, the term:
  877         (a)“Continuum of care” means the complete range of
  878  programs, services, and placement options for children served
  879  by, or at risk of being served by, the dependency system.
  880         (b)“Family foster care” means a family foster home as
  881  defined in s. 409.175.
  882         (c)“Level of care” means a tiered approach to the type of
  883  placements used and the acuity and intensity of intervention
  884  services provided to meet the severity of a dependent child’s
  885  specific physical, emotional, psychological, and social needs.
  886         (d)“Out-of-home care” means the placement of a child in
  887  licensed and nonlicensed settings, arranged and supervised by
  888  the department or contracted service provider, outside the home
  889  of the parent.
  890         (e) “Residential group care” means a 24-hour, live-in
  891  environment that provides supervision, care, and services to
  892  meet the physical, emotional, social, and life skills needs of
  893  children served by the dependency system. Services may be
  894  provided by residential group care staff who are qualified to
  895  perform the needed services or by a community-based service
  896  provider with clinical expertise, credentials, and training to
  897  provide services to the children being served.
  898         (3)DEVELOPMENT OF CONTINUUM OF CARE.—The department, in
  899  collaboration with the Florida Institute for Child Welfare and
  900  other stakeholders, shall develop a continuum of care for the
  901  placement of children in care, including, but not limited to,
  902  both family foster care and residential group care. Stakeholders
  903  involved in the development of the continuum of care must
  904  include representatives from providers, child advocates,
  905  children who are currently in care, and young adults who have
  906  aged out of care. To implement the continuum of care, the
  907  department shall, by December 31, 2017:
  908         (a) Establish levels of care in the continuum of care which
  909  are clearly and concisely defined with the qualifying criteria
  910  for placement for each level of care identified.
  911         (b) Revise licensure standards and rules to reflect the
  912  supports and services provided by a placement at each level of
  913  care and the complexity of the needs of the children served.
  914  Revisions must include attention to the need for a particular
  915  category of provider in a community before licensure may be
  916  considered, the quality standards of operation which must be met
  917  by all licensed providers, the numbers and qualifications of
  918  staff which are adequate to effectively address the issues and
  919  meet the needs of the children that the staff’s facility seeks
  920  to serve, and a well-defined process tied to specific criteria
  921  which leads to licensure suspension or revocation.
  922         (c) Develop policies and procedures necessary to ensure
  923  that placement in any level of care is appropriate for each
  924  specific child, is determined by the required assessments and
  925  staffing, and lasts only as long as necessary to resolve the
  926  issue that required the placement.
  927         (d) Develop a plan to recruit and retain specialized
  928  placements that may be appropriate and necessary for the
  929  following:
  930         1. Placements for pregnant and parenting children and young
  931  adults must include family foster homes that are designed to
  932  provide an out-of-home placement option for young parents and
  933  their children to enable them to live in the same family foster
  934  home while caring for their children and working toward
  935  independent care of the child.
  936         2. Placements for sibling groups must be family foster
  937  homes or residential group homes designed to keep sibling groups
  938  together unless such placements are not in the best interest of
  939  each child.
  940         3. Young adults who have chosen to remain in foster care
  941  after the age of 18 and need independent living arrangements
  942  that provide services and case management.
  943         4. Children who are involved in both the dependency and the
  944  juvenile justice systems. A plan for living arrangements and
  945  access to services for these children shall be developed by the
  946  department, in collaboration with the Department of Juvenile
  947  Justice.
  948         (4) QUALITY RATING SYSTEM.—By June 30, 2017, the department
  949  shall develop, in collaboration with lead agencies, service
  950  providers, and other community stakeholders, a statewide quality
  951  rating system for providers of residential group care. This
  952  system must promote high quality in services and accommodations
  953  by creating measurable minimum quality standards. Domains
  954  addressed by a quality rating system for residential group care
  955  may include, but are not limited to, admissions, service
  956  planning and treatment planning, living environment, and program
  957  and service requirements. The system must be implemented by July
  958  1, 2018, and must include:
  959         (a) Delineated levels of quality which are clearly and
  960  concisely defined, including the domains measured and criteria
  961  that must be met to be placed in each level of quality.
  962         (b) A well-defined process for notice, inspection,
  963  remediation, appeal, and enforcement.
  964         (5)REPORTING REQUIREMENT.—The department shall submit a
  965  report to the Governor, the President of the Senate, and the
  966  Speaker of the House of Representatives by October 1 of each
  967  year, with the first report due October 1, 2016. At a minimum,
  968  the report must include the following:
  969         (a) An update on the development of the continuum of care
  970  required by this section.
  971         (b) An inventory of existing placements for children by
  972  type and by community-based care lead agency.
  973         (c) An inventory of existing services available by
  974  community-based care lead agency and a plan for filling any
  975  identified gap, as well as a determination of what services are
  976  available that can be provided to children in family foster care
  977  without having to move the child to a more restrictive
  978  placement.
  979         (d) The strategies being used by community-based care lead
  980  agencies to recruit, train, and support an adequate number of
  981  families to provide home-based family care.
  982         (e) For every placement of a child made which is contrary
  983  to an appropriate placement as determined by the assessment
  984  process in s. 409.143, an explanation from the community-based
  985  care lead agency as to why the placement was made.
  986         (f) The strategies being used by the community-based care
  987  lead agencies to reduce the high percentage of turnover in
  988  caseworkers.
  989         (g) A plan for oversight by the department over the
  990  implementation of the continuum of care by the community-based
  991  care lead agencies.
  992         (h) An update on the development of a statewide quality
  993  rating system for residential group care and family foster
  994  homes, and in 2018 and subsequent years, a list of providers
  995  meeting minimum quality standards and their quality ratings, the
  996  percentage of children placed in residential group care with
  997  highly rated providers, any negative action taken against
  998  contracted providers for not meeting minimum quality standards,
  999  and a plan for department oversight of the implementation of the
 1000  statewide quality rating system for residential group care by
 1001  the community-based lead agencies.
 1002         (6)RULEMAKING.—The department shall adopt rules to
 1003  implement this section.
 1004         Section 13. Paragraph (a) of subsection (3) of section
 1005  409.1451, Florida Statutes, is amended to read:
 1006         409.1451 The Road-to-Independence Program.—
 1007         (3) AFTERCARE SERVICES.—
 1008         (a) Aftercare services are available to a young adult who
 1009  was living in licensed care on his or her 18th birthday, who has
 1010  reached 18 years of age but is not yet 23 years of age, and who
 1011  is:
 1012         1. Not in foster care.
 1013         2. Temporarily not receiving financial assistance under
 1014  subsection (2) to pursue postsecondary education.
 1015         Section 14. Paragraph (a) of subsection (3) of section
 1016  409.986, Florida Statutes, is amended to read:
 1017         409.986 Legislative findings and intent; child protection
 1018  and child welfare outcomes; definitions.—
 1019         (3) DEFINITIONS.—As used in this part, except as otherwise
 1020  provided, the term:
 1021         (a) “Care” means services of any kind which are designed to
 1022  facilitate a child remaining safely in his or her own home,
 1023  returning safely to his or her own home if he or she is removed
 1024  from the home, or obtaining an alternative permanent home if he
 1025  or she cannot remain at home or be returned home. The term
 1026  includes, but is not limited to, prevention, intervention,
 1027  diversion, and related services.
 1028         Section 15. Subsection (3) of section 409.988, Florida
 1029  Statutes, is amended to read:
 1030         409.988 Lead agency duties; general provisions.—
 1031         (3) SERVICES.—
 1032         (a) General services.
 1033         1. A lead agency must provide dependent children with
 1034  services that are supported by research or that are recognized
 1035  as best practices in the child welfare field. The agency shall
 1036  give priority to the use of services that are evidence-based and
 1037  trauma-informed and may also provide other innovative services,
 1038  including, but not limited to, family-centered and cognitive
 1039  behavioral interventions designed to mitigate out-of-home
 1040  placements.
 1041         2. A lead agency must ensure the availability of a full
 1042  array of services to address the complex needs of all children,
 1043  adolescents, parents, and caregivers served within its local
 1044  system of care and that sufficient flexibility exists within the
 1045  service array to adequately match services to the unique
 1046  characteristics of families served, including the ages of the
 1047  children, cultural considerations, and parental choice.
 1048         3. The department shall annually complete an evaluation of
 1049  the adequacy of the lead agencies service array, their use of
 1050  trauma-informed and evidence-based programming, and the impact
 1051  of available services on outcomes for the children served by the
 1052  lead agencies and any subcontracted providers of lead agencies.
 1053  The evaluation report shall be submitted to the Governor, the
 1054  President of the Senate, and the Speaker of the House of
 1055  Representatives by October 1 of each year.
 1056         (b) Intervention services.
 1057         1. Intervention services and supports shall be made
 1058  available to a child and the parent of a child who is unsafe but
 1059  can, with services, remain in his or her home or to a child who
 1060  is placed in out-of-home care and the nonmaltreating parent or
 1061  relative or nonrelative caregivers with whom an unsafe child is
 1062  placed. Intervention services and supports must include:
 1063         a. Safety management services provided to an unsafe child
 1064  as part of a safety plan that immediately and actively protects
 1065  the child from dangerous threats if the parent or other
 1066  caregiver cannot protect the child, including, but not limited
 1067  to, behavior management, crisis management, social connection,
 1068  resource support, and separation;
 1069         b. Treatment services provided to a parent or caregiver
 1070  which are used to achieve a fundamental change in behavioral,
 1071  cognitive, and emotional functioning associated with the reason
 1072  that the child is unsafe, including, but not limited to,
 1073  parenting skills training, support groups, counseling, substance
 1074  abuse treatment, mental and behavioral health services,
 1075  certified domestic violence center services for survivors of
 1076  domestic violence and their children, and batterers’
 1077  intervention programs that comply with s. 741.325 and other
 1078  intervention services for perpetrators of domestic violence;
 1079         c. Child well-being services provided to an unsafe child
 1080  which address a child’s physical, emotional, developmental, and
 1081  educational needs, including, but not limited to, behavioral
 1082  health services, substance abuse treatment, tutoring,
 1083  counseling, and peer support; and
 1084         d. Services provided to nonmaltreating parents or relative
 1085  or nonrelative caregivers to stabilize the child’s placement,
 1086  including, but not limited to, transportation, clothing,
 1087  household goods, assistance with housing and utility payments,
 1088  child care, respite care, and assistance connecting families
 1089  with other community-based services.
 1090         2. A lead agency shall prepare a case plan for each child
 1091  and his or her family receiving services and support under this
 1092  section. The plan must identify the permanency goal for the
 1093  child and list the services and supports provided. Services must
 1094  be tied to the placement and permanency goal and must be
 1095  specified in advance of delivery. Priority must be given to
 1096  services that are evidence-based and trauma-informed.
 1097         3. By October 1, 2016, each community-based care lead
 1098  agency shall submit a monitoring plan to the department
 1099  describing how the lead agency will monitor and oversee the
 1100  safety of children who receive intervention services and
 1101  supports. The monitoring plan must include a description of
 1102  training and support for caseworkers handling intervention
 1103  cases, including how caseload size and type will be determined,
 1104  managed, and overseen.
 1105         4. Beginning October 1, 2016, each community-based care
 1106  lead agency shall collect and report annually to the department,
 1107  as part of the child welfare results-oriented accountability
 1108  program required under s. 409.997, the following with respect to
 1109  each child for whom, or on whose behalf, intervention services
 1110  and supports are provided:
 1111         a. The number of children and families served;
 1112         b. The specific services provided and the total
 1113  expenditures for each such service;
 1114         c. The child’s placement status at the beginning and at the
 1115  end of service provision; and
 1116         d. The child’s placement status 1 year after the end of
 1117  service provision.
 1118         5. Outcomes for this subsection shall be included in the
 1119  annual report required under s. 409.997.
 1120         6. The department shall use programmatic characteristics
 1121  and research and evaluation characteristics for well-supported,
 1122  promising, and emerging programs and practices to inventory
 1123  intervention services and supports by type and by lead agency.
 1124  The inventory shall be submitted to the Governor, the President
 1125  of the Senate, and the Speaker of the House of Representatives
 1126  by October 1 of each year.
 1127         7. The department may adopt rules to implement this
 1128  subsection.
 1129         Section 16. Section 409.996, Florida Statutes, is amended
 1130  to read:
 1131         409.996 Duties of the Department of Children and Families.
 1132  The department shall contract for the delivery, administration,
 1133  or management of care for children in the child protection and
 1134  child welfare system. In doing so, the department retains
 1135  responsibility to ensure for the quality of contracted services
 1136  and programs and shall ensure that an adequate array of services
 1137  are available to be delivered in accordance with applicable
 1138  federal and state statutes and regulations.
 1139         Section 17. Paragraph (s) of subsection (2) of section
 1140  39.202, Florida Statutes, is amended to read:
 1141         39.202 Confidentiality of reports and records in cases of
 1142  child abuse or neglect.—
 1143         (2) Except as provided in subsection (4), access to such
 1144  records, excluding the name of the reporter which shall be
 1145  released only as provided in subsection (5), shall be granted
 1146  only to the following persons, officials, and agencies:
 1147         (s) Persons with whom the department is seeking to place
 1148  the child or to whom placement has been granted, including
 1149  foster parents for whom an approved home study has been
 1150  conducted, the designee of a licensed residential child-caring
 1151  agency defined group home described in s. 409.175 s. 39.523, an
 1152  approved relative or nonrelative with whom a child is placed
 1153  pursuant to s. 39.402, preadoptive parents for whom a favorable
 1154  preliminary adoptive home study has been conducted, adoptive
 1155  parents, or an adoption entity acting on behalf of preadoptive
 1156  or adoptive parents.
 1157         Section 18. Paragraph (a) of subsection (2) of section
 1158  39.5085, Florida Statutes, is amended to read:
 1159         39.5085 Relative Caregiver Program.—
 1160         (2)(a) The Department of Children and Families shall
 1161  establish and operate the Relative Caregiver Program pursuant to
 1162  eligibility guidelines established in this section as further
 1163  implemented by rule of the department. The Relative Caregiver
 1164  Program shall, within the limits of available funding, provide
 1165  financial assistance to:
 1166         1. Relatives who are within the fifth degree by blood or
 1167  marriage to the parent or stepparent of a child and who are
 1168  caring full-time for that dependent child in the role of
 1169  substitute parent as a result of a court’s determination of
 1170  child abuse, neglect, or abandonment and subsequent placement
 1171  with the relative under this chapter.
 1172         2. Relatives who are within the fifth degree by blood or
 1173  marriage to the parent or stepparent of a child and who are
 1174  caring full-time for that dependent child, and a dependent half
 1175  brother or half-sister of that dependent child, in the role of
 1176  substitute parent as a result of a court’s determination of
 1177  child abuse, neglect, or abandonment and subsequent placement
 1178  with the relative under this chapter.
 1179         3. Nonrelatives who are willing to assume custody and care
 1180  of a dependent child in the role of substitute parent as a
 1181  result of a court’s determination of child abuse, neglect, or
 1182  abandonment and subsequent placement with the nonrelative
 1183  caregiver under this chapter. The court must find that a
 1184  proposed placement under this subparagraph is in the best
 1185  interest of the child.
 1187  The placement may be court-ordered temporary legal custody to
 1188  the relative or nonrelative under protective supervision of the
 1189  department pursuant to s. 39.521(1)(c)3. s. 39.521(1)(b)3., or
 1190  court-ordered placement in the home of a relative or nonrelative
 1191  as a permanency option under s. 39.6221 or s. 39.6231 or under
 1192  former s. 39.622 if the placement was made before July 1, 2006.
 1193  The Relative Caregiver Program shall offer financial assistance
 1194  to caregivers who would be unable to serve in that capacity
 1195  without the caregiver payment because of financial burden, thus
 1196  exposing the child to the trauma of placement in a shelter or in
 1197  foster care.
 1198         Section 19. Subsection (11) of section 1002.3305, Florida
 1199  Statutes, is amended to read:
 1200         1002.3305 College-Preparatory Boarding Academy Pilot
 1201  Program for at-risk students.—
 1202         (11) STUDENT HOUSING.—Notwithstanding s. 409.176 ss.
 1203  409.1677(3)(d) and 409.176 or any other provision of law, an
 1204  operator may house and educate dependent, at-risk youth in its
 1205  residential school for the purpose of facilitating the mission
 1206  of the program and encouraging innovative practices.
 1207         Section 20. Section 39.523, Florida Statutes, is repealed.
 1208         Section 21. Section 409.141, Florida Statutes, is repealed.
 1209         Section 22. Section 409.1676, Florida Statutes, is
 1210  repealed.
 1211         Section 23. Section 409.1677, Florida Statutes, is
 1212  repealed.
 1213         Section 24. Section 409.1679, Florida Statutes, is
 1214  repealed.
 1215         Section 25. This act shall take effect July 1, 2016.
 1217  ================= T I T L E  A M E N D M E N T ================
 1218  And the title is amended as follows:
 1219         Delete everything before the enacting clause
 1220  and insert:
 1221                        A bill to be entitled                      
 1222         An act relating to child welfare; amending s. 39.013,
 1223         F.S.; extending court jurisdiction to age 22 for young
 1224         adults with disabilities in foster care; amending s.
 1225         39.2015, F.S.; revising requirements of the quarterly
 1226         report submitted by the critical incident response
 1227         team advisory committee; amending s. 39.402, F.S.;
 1228         revising information that the Department of Children
 1229         and Families is required to inform the court at
 1230         shelter hearings; revising the written findings
 1231         required to be included in an order for placement of a
 1232         child in shelter care; amending s. 39.521, F.S.;
 1233         revising timelines and distribution requirements for
 1234         case plans and predisposition studies; amending s.
 1235         39.522, F.S.; providing conditions under which a child
 1236         may be returned home with an in-home safety plan;
 1237         amending s. 39.6011, F.S.; providing the purpose of a
 1238         case plan; requiring a case plan to document that a
 1239         preplacement plan has been provided and reasonable
 1240         efforts have been made to prevent out-of-home
 1241         placement; removing the prohibition of threatening or
 1242         coercing a parent with the loss of custody or parental
 1243         rights for failing to admit certain actions in a case
 1244         plan; providing that a child must be given the
 1245         opportunity to review, sign, and receive a copy of his
 1246         or her case plan; providing additional requirements
 1247         when the child attains a certain age; requiring the
 1248         case plan to document that each parent has received
 1249         additional written notices; amending s. 39.6012, F.S.;
 1250         providing additional requirements for the department
 1251         and criteria for a case plan, with regard to
 1252         placement, permanency, education, health care, contact
 1253         with family, extended family, and fictive kin, and
 1254         independent living; amending s. 39.6035, F.S.;
 1255         requiring court approval of a transition plan before
 1256         the child attains 18 years of age; amending s. 39.621,
 1257         F.S.; creating an exception to the order of preference
 1258         for permanency goals under ch. 39, F.S., for
 1259         maintaining and strengthening the placement;
 1260         authorizing the new permanency goal to be used in
 1261         specified circumstances; amending s. 39.701, F.S.;
 1262         revising the information that must be included in a
 1263         specified written report under certain circumstances;
 1264         requiring a court, if possible, to order the
 1265         department to file a written notification; creating s.
 1266         409.143, F.S.; requiring every child placed in out-of
 1267         home care to be referred within a certain time for a
 1268         comprehensive behavioral health assessment; providing
 1269         requirements and procedures for such assessment;
 1270         requiring the department or the community-based care
 1271         lead agency to establish permanency teams; requiring
 1272         an assessment within a certain timeframe from the
 1273         beginning of a new placement in group care; providing
 1274         for judicial review of certain placements; requiring
 1275         the department to submit an annual report to the
 1276         Governor and the Legislature on the placement of
 1277         children in licensed out-of-home care; creating s.
 1278         409.144, F.S.; providing legislative findings and
 1279         intent; defining terms; requiring the department to
 1280         develop a continuum of care for the placement of
 1281         children in care settings; requiring a plan to recruit
 1282         and retain specialized placements for specific
 1283         children and young adults; requiring the department to
 1284         develop a quality rating system for group home and
 1285         foster homes; providing requirements for the rating
 1286         system; requiring the department to submit a report
 1287         annually to the Governor and the Legislature;
 1288         requiring the department to adopt rules; amending s.
 1289         409.1451, F.S.; requiring that a child be living in
 1290         licensed care on or after his or her 18th birthday as
 1291         a condition for receiving aftercare services; amending
 1292         s. 409.986, F.S., revising the definition of the term
 1293         “care”; amending s. 409.988, F.S.; requiring lead
 1294         agencies to ensure the availability of a full array of
 1295         services; requiring specified intervention services;
 1296         requiring the department to submit annually to the
 1297         Governor and the Legislature a report that evaluates
 1298         the adequacy of intervention services; requiring the
 1299         department to adopt rules; amending s. 409.996, F.S.;
 1300         requiring the department to ensure quality and
 1301         availability of services; amending s. 39.202, F.S.;
 1302         conforming provisions to changes made by the act;
 1303         amending ss. 39.5085 and 1002.3305, F.S.; conforming
 1304         cross-references; repealing s. 39.523, F.S., relating
 1305         to the placement of children in residential group
 1306         care; repealing s. 409.141, F.S., relating to
 1307         equitable reimbursement methodology; repealing s.
 1308         409.1676, F.S., relating to comprehensive residential
 1309         group care services to children who have extraordinary
 1310         needs; repealing s. 409.1677, F.S., relating to model
 1311         comprehensive residential services programs; repealing
 1312         s. 409.1679, F.S., relating to program requirements
 1313         and reimbursement methodology; providing an effective
 1314         date.