Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 7018
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2016           .                                

       The Committee on Appropriations (Garcia) recommended the
    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; and
   92         4. All of the child’s places of residence during the prior
   93  12 months.
   94         (h) The order for placement of a child in shelter care must
   95  identify the parties present at the hearing and must contain
   96  written findings:
   97         1. That placement in shelter care is necessary based on the
   98  criteria in subsections (1) and (2).
   99         2. That placement in shelter care is in the best interest
  100  of the child.
  101         3. That continuation of the child in the home is contrary
  102  to the welfare of the child because the home situation presents
  103  a substantial and immediate danger to the child’s physical,
  104  mental, or emotional health or safety which cannot be mitigated
  105  by the provision of safety management preventive services.
  106         4. That based upon the allegations of the petition for
  107  placement in shelter care, there is probable cause to believe
  108  that the child is dependent or that the court needs additional
  109  time, which may not exceed 72 hours, in which to obtain and
  110  review documents pertaining to the family in order to
  111  appropriately determine whether placement in shelter care is
  112  necessary to ensure the child’s safety risk to the child.
  113         5. That the department has made reasonable efforts to
  114  prevent or eliminate the need for removal of the child from the
  115  home. A finding of reasonable effort by the department to
  116  prevent or eliminate the need for removal may be made and the
  117  department is deemed to have made reasonable efforts to prevent
  118  or eliminate the need for removal if:
  119         a. The first contact of the department with the family
  120  occurs during an emergency;
  121         b. The appraisal of the home situation by the department
  122  indicates that the home situation presents a substantial and
  123  immediate danger to the child’s physical, mental, or emotional
  124  health or safety which cannot be mitigated by the provision of
  125  safety management preventive services, including issuance of an
  126  injunction against a perpetrator of domestic violence pursuant
  127  to s. 39.504;
  128         c. The child cannot safely remain at home, either because
  129  there are no safety management preventive services that can
  130  ensure the health and safety of the child or because, even with
  131  appropriate and available services being provided, the health
  132  and safety of the child cannot be ensured; or
  133         d. The parent or legal custodian is alleged to have
  134  committed any of the acts listed as grounds for expedited
  135  termination of parental rights in s. 39.806(1)(f)-(i).
  136         6. That the department has made reasonable efforts to keep
  137  siblings together if they are removed and placed in out-of-home
  138  care unless such placement is not in the best interest of each
  139  child. It is preferred that siblings be kept together in a
  140  foster home, if available. Other reasonable efforts shall
  141  include short-term placement in a group home with the ability to
  142  accommodate sibling groups if such a placement is available. The
  143  department shall report to the court its efforts to place
  144  siblings together unless the court finds that such placement is
  145  not in the best interest of a child or his or her sibling.
  146         7. That the court notified the parents, relatives that are
  147  providing out-of-home care for the child, or legal custodians of
  148  the time, date, and location of the next dependency hearing and
  149  of the importance of the active participation of the parents,
  150  relatives that are providing out-of-home care for the child, or
  151  legal custodians in all proceedings and hearings.
  152         8. That the court notified the parents or legal custodians
  153  of their right to counsel to represent them at the shelter
  154  hearing and at each subsequent hearing or proceeding, and the
  155  right of the parents to appointed counsel, pursuant to the
  156  procedures set forth in s. 39.013.
  157         9. That the court notified relatives who are providing out
  158  of-home care for a child as a result of the shelter petition
  159  being granted that they have the right to attend all subsequent
  160  hearings, to submit reports to the court, and to speak to the
  161  court regarding the child, if they so desire.
  162         Section 4. Paragraph (a) of subsection (1) of section
  163  39.521, Florida Statutes, is amended, present paragraphs (b)
  164  through (f) of that subsection are redesignated as paragraphs
  165  (c) through (g), respectively, to read:
  166         39.521 Disposition hearings; powers of disposition.—
  167         (1) A disposition hearing shall be conducted by the court,
  168  if the court finds that the facts alleged in the petition for
  169  dependency were proven in the adjudicatory hearing, or if the
  170  parents or legal custodians have consented to the finding of
  171  dependency or admitted the allegations in the petition, have
  172  failed to appear for the arraignment hearing after proper
  173  notice, or have not been located despite a diligent search
  174  having been conducted.
  175         (a) A written case plan and a predisposition study prepared
  176  by an authorized agent of the department must be approved by
  177  filed with the court. The department must file the case plan and
  178  the predisposition study with the court, serve a copy of the
  179  case plan on, served upon the parents of the child, and provide
  180  a copy of the case plan provided to the representative of the
  181  guardian ad litem program, if the program has been appointed,
  182  and provided to all other parties:
  183         1. Not less than 72 hours before the disposition hearing,
  184  if the disposition hearing occurs on or after the 60th day after
  185  the date the child was placed in out-of-home care. All such case
  186  plans must be approved by the court.
  187         2. Not less than 72 hours before the case plan acceptance
  188  hearing, if the disposition hearing occurs before the 60th day
  189  after the date the child was placed in out-of-home care and a
  190  case plan has not been submitted pursuant to this paragraph, or
  191  if the court does not approve the case plan at the disposition
  192  hearing. The case plan acceptance hearing must occur, the court
  193  must set a hearing within 30 days after the disposition hearing
  194  to review and approve the case plan.
  195         (b) The court may grant an exception to the requirement for
  196  a predisposition study by separate order or within the judge’s
  197  order of disposition upon finding that all the family and child
  198  information required by subsection (2) is available in other
  199  documents filed with the court.
  200         Section 5. Subsection (2) of section 39.522, Florida
  201  Statutes, is amended to read:
  202         39.522 Postdisposition change of custody.—The court may
  203  change the temporary legal custody or the conditions of
  204  protective supervision at a postdisposition hearing, without the
  205  necessity of another adjudicatory hearing.
  206         (2) In cases where the issue before the court is whether a
  207  child should be reunited with a parent, the court shall
  208  determine whether the circumstances that caused the out-of-home
  209  placement and issues subsequently identified have been remedied
  210  parent has substantially complied with the terms of the case
  211  plan to the extent that the return of the child to the home with
  212  an in-home safety plan will not be detrimental to the child’s
  213  safety, well-being, and physical, mental, and emotional health
  214  of the child is not endangered by the return of the child to the
  215  home.
  216         Section 6. Section 39.6011, Florida Statutes, is amended to
  217  read:
  218         (Substantial rewording of section. See
  219         s. 39.6011, F.S., for present text.)
  220         39.6011 Case plan purpose; requirements; procedures.—
  221         (1) PURPOSE.—The purpose of the case plan is to promote and
  222  facilitate change in parental behavior and to address the
  223  treatment and long-term well-being of children receiving
  224  services under this chapter.
  225         (2)GENERAL REQUIREMENTS.—The department shall draft a case
  226  plan for each child receiving services under this chapter. The
  227  case plan must:
  228         (a) Document that an assessment of the service needs of the
  229  child and family, and preventive services, if appropriate, have
  230  been provided pursuant to s. 409.143 and that reasonable efforts
  231  to prevent out-of-home placement have been made.
  232         (b)Be developed in a face-to-face conference with the
  233  parent of the child, any court-appointed guardian ad litem, the
  234  child’s attorney, and, if appropriate, the temporary custodian
  235  of the child. The parent may receive assistance from any person
  236  or social service agency in preparing the case plan. The social
  237  service agency, the department, and the court, when applicable,
  238  shall inform the parent of the right to receive such assistance,
  239  including the right to assistance of counsel.
  240         (c)Be written simply and clearly in English and, if
  241  English is not the principal language of the child’s parent, in
  242  the parent’s principal language, to the extent practicable.
  243         (d)Describe a process for making available to all physical
  244  custodians and family services counselors the information
  245  required by s. 39.6012(2) and for ensuring that this information
  246  follows the child until permanency has been achieved.
  247         (e)Specify the period of time for which the case plan is
  248  applicable, which must be as short a period as possible for the
  249  parent to comply with the terms of the plan. The case plan’s
  250  compliance period expires no later than 12 months after the date
  251  the child was initially removed from the home, the date the
  252  child is adjudicated dependent, or the date the case plan is
  253  accepted by the court, whichever occurs first.
  254         (f)Be signed by all of the parties. Signing the case plan
  255  constitutes an acknowledgment by each of the parties that they
  256  have been involved in the development of the case plan and that
  257  they are in agreement with the terms and conditions contained in
  258  the case plan. The refusal of a parent to sign the case plan
  259  does not preclude the court’s acceptance of the case plan if it
  260  is otherwise acceptable to the court. The parent’s signing of
  261  the case plan does not constitute an admission to any allegation
  262  of abuse, abandonment, or neglect and does not constitute
  263  consent to a finding of dependency or termination of parental
  264  rights. The department shall explain the provisions of the case
  265  plan to all persons involved in its implementation, before the
  266  signing of the plan.
  267         (3)PARTICIPATION BY THE CHILD.If the child has attained
  268  14 years of age or is otherwise of an appropriate age and
  269  capacity, the child must:
  270         (a) Be consulted on the development of the case plan; have
  271  the opportunity to attend a face-to-face conference, if
  272  appropriate; have the opportunity to express a placement
  273  preference; and have the option to choose two members for the
  274  case planning team who are not a foster parent or caseworker for
  275  the child.
  276         1.An individual selected by a child to be a member of the
  277  case planning team may be rejected at any time if there is good
  278  cause to believe that the individual would not act in the best
  279  interest of the child. One individual selected by a child to be
  280  a member of the child’s case planning team may be designated to
  281  be the child’s advisor and, as necessary, advocate with respect
  282  to the application of the reasonable and prudent parent standard
  283  to the child.
  284         2.The child may not be included in an aspect of the case
  285  planning process when information will be revealed or discussed
  286  which is of a nature that would best be presented to the child
  287  in a more therapeutic setting.
  288         (b) Sign the case plan, unless there is reason to waive the
  289  child’s signature.
  290         (c) Receive an explanation of the provisions of the case
  291  plan from the department.
  292         (d) After the case plan is agreed upon and signed by all of
  293  the parties, and after jurisdiction attaches and the case plan
  294  is filed with the court, be provided a copy of the case plan
  295  within 72 hours before the disposition hearing.
  296         (e) Notwithstanding s. 39.202, the department may discuss
  297  confidential information during the case planning conference in
  298  the presence of individuals who participate in the staffing. All
  299  individuals who participate in the staffing shall maintain the
  300  confidentiality of all information shared during the case
  301  planning staffing.
  302         (4)NOTICE TO PARENTS.The case plan must document that
  303  each parent has been advised of the following by written notice:
  304         (a)That he or she may not be coerced or threatened with
  305  the loss of custody or parental rights for failing to admit the
  306  abuse, neglect, or abandonment of the child in the case plan.
  307  Participation in the development of a case plan is not an
  308  admission to any allegation of abuse, abandonment, or neglect
  309  and does not constitute consent to a finding of dependency or
  310  termination of parental rights.
  311         (b)That the department must document a parent’s
  312  unwillingness or inability to participate in developing a case
  313  plan and provide such documentation in writing to the parent
  314  when it becomes available for the court record. In such event,
  315  the department shall prepare a case plan that, to the extent
  316  possible, conforms with the requirements of this section. The
  317  parent must also be advised that his or her unwillingness or
  318  inability to participate in developing a case plan does not
  319  preclude the filing of a petition for dependency or for
  320  termination of parental rights. If the parent is available, the
  321  department shall provide a copy of the case plan to the parent
  322  and advise him or her that, at any time before the filing of a
  323  petition for termination of parental rights, he or she may enter
  324  into a case plan and that he or she may request judicial review
  325  of any provision of the case plan with which he or she disagrees
  326  at any court hearing set for the child.
  327         (c)That his or her failure to substantially comply with
  328  the case plan may result in the termination of parental rights
  329  and that a material breach of the case plan may result in the
  330  filing of a petition for termination of parental rights before
  331  the scheduled completion date.
  332         (5)DISTRIBUTION AND FILING WITH THE COURT.—The department
  333  shall adhere to the following procedural requirements in
  334  developing and distributing a case plan:
  335         (a)After the case plan has been agreed upon and signed by
  336  the parties, a copy of the case plan must immediately be given
  337  to the parties and to other persons, as directed by the court.
  338         (b)In each case in which a child has been placed in out
  339  of-home care, a case plan must be prepared within 60 days after
  340  the department removes the child from the home and must be
  341  submitted to the court for review and approval before the
  342  disposition hearing.
  343         (c)After jurisdiction attaches, all case plans must be
  344  filed with the court and a copy provided to all of the parties
  345  whose whereabouts are known not less than 72 hours before the
  346  disposition hearing. The department shall file with the court
  347  all case plans prepared before jurisdiction of the court
  348  attaches, and the department shall provide copies of all such
  349  case plans to all of the parties.
  350         (d)A case plan must be prepared, but need not be submitted
  351  to the court, for a child who will be in care for 30 days or
  352  less unless that child is placed in out-of-home care for a
  353  second time within a 12-month period.
  354         Section 7. Section 39.6012, Florida Statutes, is amended to
  355  read:
  356         (Substantial rewording of section. See
  357         s. 39.6012, F.S., for present text.)
  358         39.6012 Services and parental tasks under the case plan;
  359  safety, permanency, and well-being of the child.—The case plan
  360  must include a description of the identified problem that is
  361  being addressed, including the parent’s behavior or acts that
  362  have resulted in a threat to the safety of the child and the
  363  reason for the department’s intervention. The case plan must be
  364  designed to improve conditions in the child’s home to facilitate
  365  the child’s safe return and ensure proper care of the child, or
  366  to facilitate the child’s permanent placement. The services
  367  offered must be as unobtrusive as possible in the lives of the
  368  parent and the child, must focus on clearly defined objectives,
  369  and must provide the most timely and efficient path to
  370  reunification or permanent placement, given the circumstances of
  371  the case and the child’s need for safe and proper care.
  372         (1)CASE PLAN SERVICES AND TASKS.The case plan must be
  373  based upon an assessment of the circumstances that required
  374  intervention by the child welfare system. The case plan must
  375  describe the role of the foster parents or legal custodians and
  376  must be developed in conjunction with the determination of the
  377  services that are to be provided under the case plan to the
  378  child, foster parents, or legal custodians. If a parent’s
  379  substantial compliance with the case plan requires the
  380  department to provide services to the parent or the child and
  381  the parent agrees to begin compliance with the case plan before
  382  it is accepted by the court, the department shall make
  383  appropriate referrals for services which will allow the parent
  384  to immediately begin the agreed-upon tasks and services.
  385         (a)Itemization in the case plan.The case plan must
  386  describe each of the tasks that the parent must complete and the
  387  services that will be provided to the parent, in the context of
  388  the identified problem, including:
  389         1.The type of services or treatment that will be provided.
  390         2.If the service is being provided by the department or
  391  its agent, the date the department will provide each service or
  392  referral for service.
  393         3.The date by which the parent must complete each task.
  394         4.The frequency of services or treatment to be provided,
  395  which shall be determined by the professionals providing the
  396  services and may be adjusted as needed based on the best
  397  professional judgment of the providers.
  398         5.The location of the delivery of the services.
  399         6.Identification of the staff of the department or of the
  400  service provider who are responsible for the delivery of
  401  services or treatment.
  402         7.A description of measurable outcomes, including the
  403  timeframes specified for achieving the objectives of the case
  404  plan and addressing the identified problem.
  405         (b)Meetings with case manager.The case plan must include
  406  a schedule of the minimum number of face-to-face meetings to be
  407  held each month between the parent and the case manager to
  408  review the progress of the case plan, eliminate barriers to
  409  completion of the plan, and resolve conflicts or disagreements.
  410         (c)Request for notification from relative.The case
  411  manager shall advise the attorney for the department of a
  412  relative’s request to receive notification of proceedings and
  413  hearings submitted pursuant to s. 39.301(14)(b).
  414         (d)Financial support.The case plan must specify the
  415  parent’s responsibility for the financial support of the child,
  416  including, but not limited to, health insurance and child
  417  support. The case plan must list the costs associated with any
  418  services or treatment that the parent and child are expected to
  419  receive which are the financial responsibility of the parent.
  420  The determination of child support and other financial support
  421  must be made independently of any determination of dependency
  422  under s. 39.013.
  424  case plan must include all available information that is
  425  relevant to the child’s care, including a detailed description
  426  of the identified needs of the child while in care and a
  427  description of the plan for ensuring that the child receives
  428  safe and proper care that is appropriate to his or her needs.
  429  Participation by the child must meet the requirements under s.
  430  39.6011.
  431         (a) Placement.To comply with federal law, the department
  432  must ensure that the placement of a child in foster care is in
  433  the least restrictive, most family-like environment; must review
  434  the family assessment, safety plan, and case plan for the child
  435  to assess the necessity for and the appropriateness of the
  436  placement; must assess the progress that has been made toward
  437  case plan outcomes; and must project a likely date by which the
  438  child may be safely reunified or placed for adoption or legal
  439  guardianship. The family assessment must indicate the type of
  440  placement to which the child has been assigned and must document
  441  the following:
  442         1. That the child has undergone the placement assessments
  443  required pursuant to s. 409.143.
  444         2. That the child has been placed in the least restrictive
  445  and most family-like setting available consistent with the best
  446  interest and special needs of the child and in as close
  447  proximity as possible to the child’s home.
  448         3. If the child is placed in a setting that is more
  449  restrictive than recommended by the placement assessments or is
  450  placed more than 50 miles from the child’s home, the reasons for
  451  which the placement is necessary and in the best interest of the
  452  child and the steps required to place the child in the placement
  453  recommended by the assessment.
  454         4.If residential group care is recommended for the child,
  455  the needs of the child which necessitate such placement, the
  456  plan for transitioning the child to a family setting, and the
  457  projected timeline for the child’s transition to a less
  458  restrictive environment.
  459         5.If the child is placed in residential group care, that
  460  his or her case plan is reviewed and updated within 90 days
  461  after the child’s admission to the residential group care
  462  facility and at least every 60 days thereafter.
  463         (b) Permanency.If reunifying a child with his or her
  464  family is not possible, the department shall make every effort
  465  to provide other forms of permanency, such as adoption or
  466  guardianship. If a child is placed in an out-of-home placement,
  467  the case plan, in addition to any other requirements imposed by
  468  law or department rule, must include:
  469         1. If concurrent planning is being used, a description of
  470  the permanency goal of reunification with the parent or legal
  471  custodian and a description of one of the remaining permanency
  472  goals defined in s. 39.01; or, if concurrent case planning is
  473  not being used, an explanation as to why it is not being used.
  474         2. If the case plan has as its goal the adoption of the
  475  child or his or her placement in another permanent home, a
  476  statement of the child’s wishes regarding his or her permanent
  477  placement plan and an assessment of those stated wishes. The
  478  case plan must also include documentation of the steps the
  479  social service agency is taking to find an adoptive family or
  480  other permanent living arrangements for the child; to place the
  481  child with an adoptive family, an appropriate and willing
  482  relative, or a legal guardian; and to finalize the adoption or
  483  legal guardianship. At a minimum, the documentation must include
  484  child-specific recruitment efforts, such as the use of state,
  485  regional, and national adoption exchanges, including electronic
  486  exchange systems, after he or she has become legally eligible
  487  for adoption.
  488         3. If the child has been in out-of-home care for at least
  489  12 months and the permanency goal is not adoptive placement, the
  490  documentation of the compelling reason for a finding that
  491  termination of parental rights is not in the child’s best
  492  interest.
  493         (c)Education.A case plan must ensure the educational
  494  stability of the child while in foster care. To the extent
  495  available and accessible, the names and addresses of the child’s
  496  educational providers, a record of his or her grade level
  497  performance, and his or her school record must be attached to
  498  the case plan and updated throughout the judicial review
  499  process. The case plan must also include documentation that the
  500  placement:
  501         1.Takes into account the appropriateness of the current
  502  educational setting and the proximity to the school in which the
  503  child is enrolled at the time of placement.
  504         2.Has been coordinated with appropriate local educational
  505  agencies to ensure that the child remains in the school in which
  506  the child is enrolled at the time of placement or, if remaining
  507  in that school is not in the best interest of the child,
  508  assurances by the department and the local education agency to
  509  provide immediate and appropriate enrollment in a new school and
  510  to provide all of the child’s educational records to the new
  511  school.
  512         (d) Health care.To the extent that they are available and
  513  accessible, the names and addresses of the child’s health and
  514  behavioral health providers, a record of the child’s
  515  immunizations, the child’s known medical history, including any
  516  known health issues, the child’s medications, and any other
  517  relevant health and behavioral health information must be
  518  attached to the case plan and updated throughout the judicial
  519  review process.
  520         (e) Contact with family, extended family, and fictive kin.
  521  When out-of-home placement is made, the case plan must include
  522  provisions for the development and maintenance of sibling
  523  relationships and visitation, if the child has siblings and is
  524  separated from them, a description of the parent’s visitation
  525  rights and obligations, and a description of any visitation
  526  rights with extended family members as defined in s. 751.011. As
  527  used in this paragraph, the term “fictive kin” means individuals
  528  who are unrelated to the child by birth or marriage, but who
  529  have an emotionally significant relationship with the child
  530  which would take on the characteristics of a family
  531  relationship. As soon as possible after a court order is
  532  entered, the following must be provided to the child’s out-of
  533  home caregiver:
  534         1. Information regarding any court-ordered visitation
  535  between the child and the parents and the court-ordered terms
  536  and conditions necessary to facilitate the visits and protect
  537  the safety of the child.
  538         2. Information regarding the schedule and frequency of the
  539  visits between the child and his or her siblings, as well as any
  540  court-ordered terms and conditions necessary to facilitate the
  541  visits and protect the safety of the child.
  542         3. Information regarding the schedule and frequency of the
  543  visits between the child and any extended family member or
  544  fictive kin, as well as any court-ordered terms and conditions
  545  necessary to facilitate the visits and protect the safety of the
  546  child.
  547         (f) Independent living.
  548         1. When appropriate, the case plan for a child who is 13
  549  years of age or older must include a written description of the
  550  life skills services to be provided by the caregiver which will
  551  assist the child, consistent with his or her best interests, in
  552  preparing for the transition from foster care to independent
  553  living. The case plan must be developed with the child and
  554  individuals identified as important to the child and must
  555  include the steps the social service agency is taking to ensure
  556  that the child has a connection with a caring adult.
  557         2.During the 180-day period after a child reaches 17 years
  558  of age, the department and the community-based care provider, in
  559  collaboration with the caregiver and any other individual whom
  560  the child would like to include, shall assist the child in
  561  developing a transition plan pursuant to s. 39.6035, which is in
  562  addition to standard case management requirements. The
  563  transition plan must address specific options that the child may
  564  use in obtaining services, including housing, health insurance,
  565  education, and workforce support and employment services. The
  566  transition plan must also consider establishing and maintaining
  567  naturally occurring mentoring relationships and other personal
  568  support services. The transition plan may be as detailed as the
  569  child chooses and must be attached to the case plan and updated
  570  before each judicial review.
  571         Section 8. Subsection (4) of section 39.6035, Florida
  572  Statutes, is amended to read:
  573         39.6035 Transition plan.—
  574         (4) If a child is planning to leave care upon reaching 18
  575  years of age, The transition plan must be approved by the court
  576  before the child attains 18 years of age and must be attached to
  577  the case plan and updated before each judicial review child
  578  leaves care and the court terminates jurisdiction.
  579         Section 9. Subsection (2) of section 39.621, Florida
  580  Statutes, is amended, and present subsections (3) through (11)
  581  of that section are redesignated as subsections (4) through
  582  (12), respectively, to read:
  583         39.621 Permanency determination by the court.—
  584         (2) The permanency goal of maintaining and strengthening
  585  the placement with a parent may be used in the following
  586  circumstances:
  587         (a) If a child has not been removed from a parent but is
  588  found to be dependent, even if adjudication of dependency is
  589  withheld, the court may leave the child in the current placement
  590  with maintaining and strengthening the placement as a permanency
  591  option.
  592         (b) If a child has been removed from a parent and is placed
  593  with the parent from whom the child was not removed, the court
  594  may leave the child in the placement with the parent from whom
  595  the child was not removed with maintaining and strengthening the
  596  placement as a permanency option.
  597         (c) If a child has been removed from a parent and is
  598  subsequently reunified with that parent, the court may leave the
  599  child with that parent with maintaining and strengthening the
  600  placement as a permanency option.
  601         (3)Except as provided in subsection (2), the permanency
  602  goals available under this chapter, listed in order of
  603  preference, are:
  604         (a) Reunification;
  605         (b) Adoption, if a petition for termination of parental
  606  rights has been or will be filed;
  607         (c) Permanent guardianship of a dependent child under s.
  608  39.6221;
  609         (d) Permanent placement with a fit and willing relative
  610  under s. 39.6231; or
  611         (e) Placement in another planned permanent living
  612  arrangement under s. 39.6241.
  613         Section 10. Paragraphs (a) and (d) of subsection (2) of
  614  section 39.701, Florida Statutes, are amended to read:
  615         39.701 Judicial review.—
  617  AGE.—
  618         (a) Social study report for judicial review.—Before every
  619  judicial review hearing or citizen review panel hearing, the
  620  social service agency shall make an investigation and social
  621  study concerning all pertinent details relating to the child and
  622  shall furnish to the court or citizen review panel a written
  623  report that includes, but is not limited to:
  624         1. A description of the type of placement the child is in
  625  at the time of the hearing, including the safety of the child,
  626  and the continuing necessity for and appropriateness of the
  627  placement, and that the placement is in the least restrictive
  628  and most family-like setting that meets the assessed needs of
  629  the child, or an explanation of why the placement is not in the
  630  least restrictive and most family-like setting available that
  631  meets the assessed needs of the child.
  632         2. Documentation of the diligent efforts made by all
  633  parties to the case plan to comply with each applicable
  634  provision of the case plan.
  635         3. The amount of fees assessed and collected during the
  636  period of time being reported.
  637         4. The services provided to the foster family or legal
  638  custodian in an effort to address the needs of the child as
  639  indicated in the case plan.
  640         5. A statement that either:
  641         a. The parent, though able to do so, did not comply
  642  substantially with the case plan, and the agency
  643  recommendations;
  644         b. The parent did substantially comply with the case plan;
  645  or
  646         c. The parent has partially complied with the case plan,
  647  with a summary of additional progress needed and the agency
  648  recommendations.
  649         6.A statement of whether the circumstances that caused the
  650  out-of-home placement and issues subsequently identified have
  651  been remedied to the extent that the return of the child to the
  652  home with an in-home safety plan will not be detrimental to the
  653  child’s safety, well-being, and physical, mental, and emotional
  654  health.
  655         7.6. A statement from the foster parent or legal custodian
  656  providing any material evidence concerning the return of the
  657  child to the parent or parents.
  658         8.7. A statement concerning the frequency, duration, and
  659  results of the parent-child visitation, if any, and the agency
  660  recommendations for an expansion or restriction of future
  661  visitation.
  662         9.8. The number of times a child has been removed from his
  663  or her home and placed elsewhere, the number and types of
  664  placements that have occurred, and the reason for the changes in
  665  placement.
  666         10.9. The number of times a child’s educational placement
  667  has been changed, the number and types of educational placements
  668  which have occurred, and the reason for any change in placement.
  669         11.10. If the child has reached 13 years of age but is not
  670  yet 18 years of age, a statement from the caregiver on the
  671  progress the child has made in acquiring independent living
  672  skills.
  673         12.11. Copies of all medical, psychological, and
  674  educational records that support the terms of the case plan and
  675  that have been produced concerning the parents or any caregiver
  676  since the last judicial review hearing.
  677         13.12. Copies of the child’s current health, mental health,
  678  and education records as identified in s. 39.6012.
  679         (d) Orders.—
  680         1. Based upon the criteria set forth in paragraph (c) and
  681  the recommended order of the citizen review panel, if any, the
  682  court shall determine whether or not the social service agency
  683  shall initiate proceedings to have a child declared a dependent
  684  child, return the child to the parent, continue the child in
  685  out-of-home care for a specified period of time, or initiate
  686  termination of parental rights proceedings for subsequent
  687  placement in an adoptive home. Amendments to the case plan must
  688  be prepared as prescribed in s. 39.6013. If the court finds that
  689  remaining in the home with an in-home safety plan will not be
  690  detrimental to the child’s safety, well-being, and physical,
  691  mental, and emotional health the prevention or reunification
  692  efforts of the department will allow the child to remain safely
  693  at home or be safely returned to the home, the court shall allow
  694  the child to remain in or return to the home after making a
  695  specific finding of fact that the reasons for the creation of
  696  the case plan have been remedied to the extent that the child’s
  697  safety, well-being, and physical, mental, and emotional health
  698  will not be endangered.
  699         2. The court shall return the child to the custody of the
  700  parents at any time it determines that the circumstances that
  701  caused the out-of-home placement and issues subsequently
  702  identified have been remedied to the extent that the return of
  703  the child to the home with an in-home safety plan they have
  704  substantially complied with the case plan, if the court is
  705  satisfied that reunification will not be detrimental to the
  706  child’s safety, well-being, and physical, mental, and emotional
  707  health.
  708         3. If, in the opinion of the court, the social service
  709  agency has not complied with its obligations as specified in the
  710  written case plan, the court may find the social service agency
  711  in contempt, shall order the social service agency to submit its
  712  plans for compliance with the agreement, and shall require the
  713  social service agency to show why the child could not safely be
  714  returned to the home of the parents.
  715         4. If possible, the court shall order the department to
  716  file a written notification before a child changes placements or
  717  living arrangements. If such notification is not possible before
  718  the change, the department must file a notification immediately
  719  after a change. A written notification filed with the court must
  720  include assurances from the department that the provisions of s.
  721  409.145 and administrative rule relating to placement changes
  722  have been met.
  723         5.4. If, at any judicial review, the court finds that the
  724  parents have failed to substantially comply with the case plan
  725  to the degree that further reunification efforts are without
  726  merit and not in the best interest of the child, on its own
  727  motion, the court may order the filing of a petition for
  728  termination of parental rights, whether or not the time period
  729  as contained in the case plan for substantial compliance has
  730  expired.
  731         6.5. Within 6 months after the date that the child was
  732  placed in shelter care, the court shall conduct a judicial
  733  review hearing to review the child’s permanency goal as
  734  identified in the case plan. At the hearing the court shall make
  735  findings regarding the likelihood of the child’s reunification
  736  with the parent or legal custodian within 12 months after the
  737  removal of the child from the home. If the court makes a written
  738  finding that it is not likely that the child will be reunified
  739  with the parent or legal custodian within 12 months after the
  740  child was removed from the home, the department must file with
  741  the court, and serve on all parties, a motion to amend the case
  742  plan under s. 39.6013 and declare that it will use concurrent
  743  planning for the case plan. The department must file the motion
  744  within 10 business days after receiving the written finding of
  745  the court. The department must attach the proposed amended case
  746  plan to the motion. If concurrent planning is already being
  747  used, the case plan must document the efforts the department is
  748  taking to complete the concurrent goal.
  749         7.6. The court may issue a protective order in assistance,
  750  or as a condition, of any other order made under this part. In
  751  addition to the requirements included in the case plan, the
  752  protective order may set forth requirements relating to
  753  reasonable conditions of behavior to be observed for a specified
  754  period of time by a person or agency who is before the court;
  755  and the order may require any person or agency to make periodic
  756  reports to the court containing such information as the court in
  757  its discretion may prescribe.
  758         Section 11. Section 409.143, Florida Statutes, is created
  759  to read:
  760         409.143 Assessment of children in out-of-home placement.—
  761         (1) NEEDS ASSESSMENT.—
  762         (a) Each child placed in out-of-home care shall be referred
  763  by the department for a comprehensive behavioral health
  764  assessment within 7 days after the child enters out-of-home
  765  care.
  766         (b) The comprehensive assessment shall measure the
  767  strengths and needs of the child and family and provide
  768  recommendations for developing the case plan to ensure that the
  769  child has the services and supports that are necessary to
  770  maintain the child in the least restrictive out-of-home care
  771  setting, promote the child’s well-being, accomplish family
  772  preservation and reunification, and facilitate permanency
  773  planning.
  774         (c) Completion of the comprehensive assessment must occur
  775  within 30 days after the child enters out-of-home care.
  776         (d) Upon receipt of a child’s completed comprehensive
  777  assessment, the child’s case manager shall review the assessment
  778  and document whether a less restrictive, more family-like
  779  setting for the child is recommended and available. The
  780  department shall document determinations resulting from the
  781  comprehensive assessment in the Florida Safe Families Network
  782  and update the case plan to include identified needs of the
  783  child and specified services and supports to be provided in the
  784  out-of-home care placement setting to meet the assessed needs of
  785  the child. The case manager shall refer the child and family for
  786  all services identified through a comprehensive assessment. The
  787  planned services shall be implemented within 30 days after the
  788  child’s needs are identified. If services are not initiated
  789  within 30 days, the case manager shall document reasons in the
  790  case file as to why services were not initiated.
  791         (e) The department and the community-based care lead agency
  792  may conduct additional assessments of a child in out-of-home
  793  care if necessary.
  795  AGENCY.—
  796         (a) Within 30 days after a placement of a child in group
  797  care with a residential child-caring agency, a qualified
  798  individual shall make an assessment, using a validated and
  799  evidence-based assessment tool, and determine whether or not the
  800  child’s needs can be met with family members or in a family
  801  foster home and if not, which of the approved foster care
  802  placement settings would provide a more effective and
  803  appropriate level of care. The assessment must be done in
  804  conjunction with a permanency team that must be established by
  805  the department or the community-based care lead agency that
  806  places children pursuant to this section. The team must include
  807  a representative from the community-based care lead agency, the
  808  caseworker for the child, the out-of-home care provider, the
  809  guardian ad litem, any provider of services to the child,
  810  teachers, clergy, relatives, and fictive kin.
  811         (b) Within 60 days after a placement of a child in group
  812  care with a residential child-caring agency, a court must review
  813  the assessment and approve or disapprove the placement. At each
  814  judicial review and permanency, the department shall demonstrate
  815  why the child cannot be served in a family foster home,
  816  demonstrate why the placement in group care with a residential
  817  child-caring agency continues to be necessary and consistent
  818  with the child’s short and long-term goals, and document efforts
  819  to step the child down into a more family-like setting.
  820         (c) If it is determined during any assessment that a child
  821  may be suitable for residential treatment as defined in s.
  822  39.407, the procedures in that section must be followed.
  823         (3) ANNUAL REPORT.—By October 1 of each year, the
  824  department shall report to the Governor, the President of the
  825  Senate, and the Speaker of the House of Representatives on the
  826  placement of children in licensed out-of-home care, including
  827  family foster homes and residential group care, during the year.
  828  At a minimum, the report must include:
  829         (a) The number of children placed in family foster homes
  830  and residential group care.
  831         (b) The number of children placed outside of the county,
  832  outside of the circuit, and outside of the region in which they
  833  were removed from their homes.
  834         (c) The number of children who had to change schools as a
  835  result of a placement decision.
  836         (d) The use of each type of placement setting on a local,
  837  regional, and statewide level.
  838         (e) An inventory of services available, by community-based
  839  care lead agency, which are necessary to maintain children in
  840  the least restrictive settings.
  841         (f) An inventory of permanency teams that are created by
  842  each community-based care lead agency and the progress made by
  843  each lead agency to use those teams.
  844         Section 12. Section 409.144, Florida Statutes, is created
  845  to read:
  846         409.144 Continuum of care for children.—
  848         (a)The Legislature finds that permanency, well-being, and
  849  safety are critical goals for all children, especially for those
  850  in care, and that children in foster care or at risk of entering
  851  foster care are best supported through a continuum of care that
  852  provides appropriate ongoing services, supports, and a place to
  853  live from entry to exit.
  854         (b)The Legislature also finds that federal law requires
  855  that out-of-home placements for children be in the least
  856  restrictive, most family-like setting available which is in
  857  close proximity to the home of their parents and consistent with
  858  the best interests and needs of the child, and that children be
  859  transitioned from out-of-home care to a permanent home in a
  860  timely manner.
  861         (c)The Legislature further finds that permanency can be
  862  achieved through preservation of the family, through
  863  reunification with the birth family, or through legal
  864  guardianship or adoption by relatives or other caring and
  865  committed adults. Planning for permanency should begin at entry
  866  into care and should be child-driven, family-focused, culturally
  867  appropriate, and continuous and approached with the highest
  868  degree of urgency.
  869         (d)It is, therefore, the intent of the Legislature that
  870  the department and the larger child welfare community establish
  871  and maintain a continuum of care that affords every child the
  872  opportunity to benefit from the most appropriate and least
  873  restrictive interventions, both in or out of the home, while
  874  ensuring that well-being and safety are addressed.
  875         (2)DEFINITIONS.—As used in this section, the term:
  876         (a)“Continuum of care” means the complete range of
  877  programs, services, and placement options for children served
  878  by, or at risk of being served by, the dependency system.
  879         (b)“Family foster care” means a family foster home as
  880  defined in s. 409.175.
  881         (c)“Level of care” means a tiered approach to the type of
  882  placements used and the acuity and intensity of intervention
  883  services provided to meet the severity of a dependent child’s
  884  specific physical, emotional, psychological, and social needs.
  885         (d)“Out-of-home care” means the placement of a child in
  886  licensed and nonlicensed settings, arranged and supervised by
  887  the department or contracted service provider, outside the home
  888  of the parent.
  889         (e) “Residential group care” means a 24-hour, live-in
  890  environment that provides supervision, care, and services to
  891  meet the physical, emotional, social, and life skills needs of
  892  children served by the dependency system. Services may be
  893  provided by residential group care staff who are qualified to
  894  perform the needed services or by a community-based service
  895  provider with clinical expertise, credentials, and training to
  896  provide services to the children being served.
  897         (3)DEVELOPMENT OF CONTINUUM OF CARE.—The department, in
  898  collaboration with the Florida Institute for Child Welfare and
  899  other stakeholders, shall develop a continuum of care for the
  900  placement of children in care, including, but not limited to,
  901  both family foster care and residential group care. Stakeholders
  902  involved in the development of the continuum of care must
  903  include representatives from providers, child advocates,
  904  children who are currently in care, and young adults who have
  905  aged out of care. To implement the continuum of care, the
  906  department shall, by December 31, 2017:
  907         (a) Establish levels of care in the continuum of care which
  908  are clearly and concisely defined with the qualifying criteria
  909  for placement for each level of care identified.
  910         (b) Revise licensure standards and rules to reflect the
  911  supports and services provided by a placement at each level of
  912  care and the complexity of the needs of the children served.
  913  Revisions must include attention to the need for a particular
  914  category of provider in a community before licensure may be
  915  considered, the quality standards of operation which must be met
  916  by all licensed providers, the numbers and qualifications of
  917  staff which are adequate to effectively address the issues and
  918  meet the needs of the children that the staff’s facility seeks
  919  to serve, and a well-defined process tied to specific criteria
  920  which leads to licensure suspension or revocation.
  921         (c) Develop policies and procedures necessary to ensure
  922  that placement in any level of care is appropriate for each
  923  specific child, is determined by the required assessments and
  924  staffing, and lasts only as long as necessary to resolve the
  925  issue that required the placement.
  926         (d) Develop a plan to recruit and retain specialized
  927  placements that may be appropriate and necessary for the
  928  following:
  929         1. Placements for pregnant and parenting children and young
  930  adults must include family foster homes that are designed to
  931  provide an out-of-home placement option for young parents and
  932  their children to enable them to live in the same family foster
  933  home while caring for their children and working toward
  934  independent care of the child.
  935         2. Placements for sibling groups must be family foster
  936  homes or residential group homes designed to keep sibling groups
  937  together unless such placements are not in the best interest of
  938  each child.
  939         3. Young adults who have chosen to remain in foster care
  940  after the age of 18 and need independent living arrangements
  941  that provide services and case management.
  942         4. Children who are involved in both the dependency and the
  943  juvenile justice systems. A plan for living arrangements and
  944  access to services for these children shall be developed by the
  945  department, in collaboration with the Department of Juvenile
  946  Justice.
  947         (4) QUALITY RATING SYSTEM.—By June 30, 2017, the department
  948  shall develop, in collaboration with lead agencies, service
  949  providers, and other community stakeholders, a statewide quality
  950  rating system for providers of residential group care. This
  951  system must promote high quality in services and accommodations
  952  by creating measurable minimum quality standards. Domains
  953  addressed by a quality rating system for residential group care
  954  may include, but are not limited to, admissions, service
  955  planning and treatment planning, living environment, and program
  956  and service requirements. The system must be implemented by July
  957  1, 2018, and must include:
  958         (a) Delineated levels of quality which are clearly and
  959  concisely defined, including the domains measured and criteria
  960  that must be met to be placed in each level of quality.
  961         (b) A well-defined process for notice, inspection,
  962  remediation, appeal, and enforcement.
  963         (5)REPORTING REQUIREMENT.—The department shall submit a
  964  report to the Governor, the President of the Senate, and the
  965  Speaker of the House of Representatives by October 1 of each
  966  year, with the first report due October 1, 2016. At a minimum,
  967  the report must include the following:
  968         (a) An update on the development of the continuum of care
  969  required by this section.
  970         (b) An inventory of existing placements for children by
  971  type and by community-based care lead agency.
  972         (c) An inventory of existing services available by
  973  community-based care lead agency and a plan for filling any
  974  identified gap, as well as a determination of what services are
  975  available that can be provided to children in family foster care
  976  without having to move the child to a more restrictive
  977  placement.
  978         (d) The strategies being used by community-based care lead
  979  agencies to recruit, train, and support an adequate number of
  980  families to provide home-based family care.
  981         (e) For every placement of a child made which is contrary
  982  to an appropriate placement as determined by the assessment
  983  process in s. 409.143, an explanation from the community-based
  984  care lead agency as to why the placement was made.
  985         (f) The strategies being used by the community-based care
  986  lead agencies to reduce the high percentage of turnover in
  987  caseworkers.
  988         (g) A plan for oversight by the department over the
  989  implementation of the continuum of care by the community-based
  990  care lead agencies.
  991         (h) An update on the development of a statewide quality
  992  rating system for residential group care and family foster
  993  homes, and in 2018 and subsequent years, a list of providers
  994  meeting minimum quality standards and their quality ratings, the
  995  percentage of children placed in residential group care with
  996  highly rated providers, any negative action taken against
  997  contracted providers for not meeting minimum quality standards,
  998  and a plan for department oversight of the implementation of the
  999  statewide quality rating system for residential group care by
 1000  the community-based lead agencies.
 1001         (6)RULEMAKING.—The department shall adopt rules to
 1002  implement this section.
 1003         Section 13. Paragraph (a) of subsection (3) of section
 1004  409.1451, Florida Statutes, is amended to read:
 1005         409.1451 The Road-to-Independence Program.—
 1006         (3) AFTERCARE SERVICES.—
 1007         (a) Aftercare services are available to a young adult who
 1008  was living in licensed care on his or her 18th birthday, who has
 1009  reached 18 years of age but is not yet 23 years of age, and who
 1010  is:
 1011         1. Not in foster care.
 1012         2. Temporarily not receiving financial assistance under
 1013  subsection (2) to pursue postsecondary education.
 1014         Section 14. Paragraph (a) of subsection (3) of section
 1015  409.986, Florida Statutes, is amended to read:
 1016         409.986 Legislative findings and intent; child protection
 1017  and child welfare outcomes; definitions.—
 1018         (3) DEFINITIONS.—As used in this part, except as otherwise
 1019  provided, the term:
 1020         (a) “Care” means services of any kind which are designed to
 1021  facilitate a child remaining safely in his or her own home,
 1022  returning safely to his or her own home if he or she is removed
 1023  from the home, or obtaining an alternative permanent home if he
 1024  or she cannot remain at home or be returned home. The term
 1025  includes, but is not limited to, prevention, intervention,
 1026  diversion, and related services.
 1027         Section 15. Subsection (3) of section 409.988, Florida
 1028  Statutes, is amended to read:
 1029         409.988 Lead agency duties; general provisions.—
 1030         (3) SERVICES.—
 1031         (a) General services.
 1032         1. A lead agency must provide dependent children with
 1033  services that are supported by research or that are recognized
 1034  as best practices in the child welfare field. The agency shall
 1035  give priority to the use of services that are evidence-based and
 1036  trauma-informed and may also provide other innovative services,
 1037  including, but not limited to, family-centered and cognitive
 1038  behavioral interventions designed to mitigate out-of-home
 1039  placements.
 1040         2. A lead agency must ensure the availability of a full
 1041  array of services to address the complex needs of all children,
 1042  adolescents, parents, and caregivers served within its local
 1043  system of care and that sufficient flexibility exists within the
 1044  service array to adequately match services to the unique
 1045  characteristics of families served, including the ages of the
 1046  children, cultural considerations, and parental choice.
 1047         3. The department shall annually complete an evaluation of
 1048  the adequacy of the lead agencies service array, their use of
 1049  trauma-informed and evidence-based programming, and the impact
 1050  of available services on outcomes for the children served by the
 1051  lead agencies and any subcontracted providers of lead agencies.
 1052  The evaluation report shall be submitted to the Governor, the
 1053  President of the Senate, and the Speaker of the House of
 1054  Representatives by October 1 of each year.
 1055         (b) Intervention services.
 1056         1. Intervention services and supports shall be made
 1057  available to a child and the parent of a child who is unsafe but
 1058  can, with services, remain in his or her home or to a child who
 1059  is placed in out-of-home care and the nonmaltreating parent or
 1060  relative or nonrelative caregivers with whom an unsafe child is
 1061  placed. Intervention services and supports must include:
 1062         a. Safety management services provided to an unsafe child
 1063  as part of a safety plan that immediately and actively protects
 1064  the child from dangerous threats if the parent or other
 1065  caregiver cannot protect the child, including, but not limited
 1066  to, behavior management, crisis management, social connection,
 1067  resource support, and separation;
 1068         b. Treatment services provided to a parent or caregiver
 1069  which are used to achieve a fundamental change in behavioral,
 1070  cognitive, and emotional functioning associated with the reason
 1071  that the child is unsafe, including, but not limited to,
 1072  parenting skills training, support groups, counseling, substance
 1073  abuse treatment, mental and behavioral health services,
 1074  certified domestic violence center services for survivors of
 1075  domestic violence and their children, and batterers’
 1076  intervention programs that comply with s. 741.325 and other
 1077  intervention services for perpetrators of domestic violence;
 1078         c. Child well-being services provided to an unsafe child
 1079  which address a child’s physical, emotional, developmental, and
 1080  educational needs, including, but not limited to, behavioral
 1081  health services, substance abuse treatment, tutoring,
 1082  counseling, and peer support; and
 1083         d. Services provided to nonmaltreating parents or relative
 1084  or nonrelative caregivers to stabilize the child’s placement,
 1085  including, but not limited to, transportation, clothing,
 1086  household goods, assistance with housing and utility payments,
 1087  child care, respite care, and assistance connecting families
 1088  with other community-based services.
 1089         2. A lead agency shall prepare a case plan for each child
 1090  and his or her family receiving services and support under this
 1091  section. The plan must identify the permanency goal for the
 1092  child and list the services and supports provided. Services must
 1093  be tied to the placement and permanency goal and must be
 1094  specified in advance of delivery. Priority must be given to
 1095  services that are evidence-based and trauma-informed.
 1096         3. By October 1, 2016, each community-based care lead
 1097  agency shall submit a monitoring plan to the department
 1098  describing how the lead agency will monitor and oversee the
 1099  safety of children who receive intervention services and
 1100  supports. The monitoring plan must include a description of
 1101  training and support for caseworkers handling intervention
 1102  cases, including how caseload size and type will be determined,
 1103  managed, and overseen.
 1104         4. Beginning October 1, 2016, each community-based care
 1105  lead agency shall collect and report annually to the department,
 1106  as part of the child welfare results-oriented accountability
 1107  program required under s. 409.997, the following with respect to
 1108  each child for whom, or on whose behalf, intervention services
 1109  and supports are provided:
 1110         a. The number of children and families served;
 1111         b. The specific services provided and the total
 1112  expenditures for each such service;
 1113         c. The child’s placement status at the beginning and at the
 1114  end of service provision; and
 1115         d. The child’s placement status 1 year after the end of
 1116  service provision.
 1117         5. Outcomes for this subsection shall be included in the
 1118  annual report required under s. 409.997.
 1119         6. The department shall use programmatic characteristics
 1120  and research and evaluation characteristics for well-supported,
 1121  promising, and emerging programs and practices to inventory
 1122  intervention services and supports by type and by lead agency.
 1123  The inventory shall be submitted to the Governor, the President
 1124  of the Senate, and the Speaker of the House of Representatives
 1125  by October 1 of each year.
 1126         7. The department may adopt rules to implement this
 1127  subsection.
 1128         Section 16. Section 409.996, Florida Statutes, is amended
 1129  to read:
 1130         409.996 Duties of the Department of Children and Families.
 1131  The department shall contract for the delivery, administration,
 1132  or management of care for children in the child protection and
 1133  child welfare system. In doing so, the department retains
 1134  responsibility to ensure for the quality of contracted services
 1135  and programs and shall ensure that an adequate array of services
 1136  are available to be delivered in accordance with applicable
 1137  federal and state statutes and regulations.
 1138         Section 17. Paragraph (s) of subsection (2) of section
 1139  39.202, Florida Statutes, is amended to read:
 1140         39.202 Confidentiality of reports and records in cases of
 1141  child abuse or neglect.—
 1142         (2) Except as provided in subsection (4), access to such
 1143  records, excluding the name of the reporter which shall be
 1144  released only as provided in subsection (5), shall be granted
 1145  only to the following persons, officials, and agencies:
 1146         (s) Persons with whom the department is seeking to place
 1147  the child or to whom placement has been granted, including
 1148  foster parents for whom an approved home study has been
 1149  conducted, the designee of a licensed residential child-caring
 1150  agency defined group home described in s. 409.175 s. 39.523, an
 1151  approved relative or nonrelative with whom a child is placed
 1152  pursuant to s. 39.402, preadoptive parents for whom a favorable
 1153  preliminary adoptive home study has been conducted, adoptive
 1154  parents, or an adoption entity acting on behalf of preadoptive
 1155  or adoptive parents.
 1156         Section 18. Paragraph (a) of subsection (2) of section
 1157  39.5085, Florida Statutes, is amended to read:
 1158         39.5085 Relative Caregiver Program.—
 1159         (2)(a) The Department of Children and Families shall
 1160  establish and operate the Relative Caregiver Program pursuant to
 1161  eligibility guidelines established in this section as further
 1162  implemented by rule of the department. The Relative Caregiver
 1163  Program shall, within the limits of available funding, provide
 1164  financial assistance to:
 1165         1. Relatives who are within the fifth degree by blood or
 1166  marriage to the parent or stepparent of a child and who are
 1167  caring full-time for that dependent child in the role of
 1168  substitute parent as a result of a court’s determination of
 1169  child abuse, neglect, or abandonment and subsequent placement
 1170  with the relative under this chapter.
 1171         2. Relatives who are within the fifth degree by blood or
 1172  marriage to the parent or stepparent of a child and who are
 1173  caring full-time for that dependent child, and a dependent half
 1174  brother or half-sister of that dependent child, in the role of
 1175  substitute parent as a result of a court’s determination of
 1176  child abuse, neglect, or abandonment and subsequent placement
 1177  with the relative under this chapter.
 1178         3. Nonrelatives who are willing to assume custody and care
 1179  of a dependent child in the role of substitute parent as a
 1180  result of a court’s determination of child abuse, neglect, or
 1181  abandonment and subsequent placement with the nonrelative
 1182  caregiver under this chapter. The court must find that a
 1183  proposed placement under this subparagraph is in the best
 1184  interest of the child.
 1186  The placement may be court-ordered temporary legal custody to
 1187  the relative or nonrelative under protective supervision of the
 1188  department pursuant to s. 39.521(1)(c)3. s. 39.521(1)(b)3., or
 1189  court-ordered placement in the home of a relative or nonrelative
 1190  as a permanency option under s. 39.6221 or s. 39.6231 or under
 1191  former s. 39.622 if the placement was made before July 1, 2006.
 1192  The Relative Caregiver Program shall offer financial assistance
 1193  to caregivers who would be unable to serve in that capacity
 1194  without the caregiver payment because of financial burden, thus
 1195  exposing the child to the trauma of placement in a shelter or in
 1196  foster care.
 1197         Section 19. Subsection (11) of section 1002.3305, Florida
 1198  Statutes, is amended to read:
 1199         1002.3305 College-Preparatory Boarding Academy Pilot
 1200  Program for at-risk students.—
 1201         (11) STUDENT HOUSING.—Notwithstanding s. 409.176 ss.
 1202  409.1677(3)(d) and 409.176 or any other provision of law, an
 1203  operator may house and educate dependent, at-risk youth in its
 1204  residential school for the purpose of facilitating the mission
 1205  of the program and encouraging innovative practices.
 1206         Section 20. Section 39.523, Florida Statutes, is repealed.
 1207         Section 21. Section 409.141, Florida Statutes, is repealed.
 1208         Section 22. Section 409.1676, Florida Statutes, is
 1209  repealed.
 1210         Section 23. Section 409.1677, Florida Statutes, is
 1211  repealed.
 1212         Section 24. Section 409.1679, Florida Statutes, is
 1213  repealed.
 1214         Section 25. This act shall take effect July 1, 2016.
 1216  ================= T I T L E  A M E N D M E N T ================
 1217  And the title is amended as follows:
 1218         Delete everything before the enacting clause
 1219  and insert:
 1220                        A bill to be entitled                      
 1221         An act relating to child welfare; amending s. 39.013,
 1222         F.S.; extending court jurisdiction to age 22 for young
 1223         adults with disabilities in foster care; amending s.
 1224         39.2015, F.S.; revising requirements of the quarterly
 1225         report submitted by the critical incident response
 1226         team advisory committee; amending s. 39.402, F.S.;
 1227         revising information that the Department of Children
 1228         and Families is required to inform the court at
 1229         shelter hearings; revising the written findings
 1230         required to be included in an order for placement of a
 1231         child in shelter care; amending s. 39.521, F.S.;
 1232         revising timelines and distribution requirements for
 1233         case plans and predisposition studies; amending s.
 1234         39.522, F.S.; providing conditions under which a child
 1235         may be returned home with an in-home safety plan;
 1236         amending s. 39.6011, F.S.; providing the purpose of a
 1237         case plan; requiring a case plan to document that a
 1238         preplacement plan has been provided and reasonable
 1239         efforts have been made to prevent out-of-home
 1240         placement; removing the prohibition of threatening or
 1241         coercing a parent with the loss of custody or parental
 1242         rights for failing to admit certain actions in a case
 1243         plan; providing that a child must be given the
 1244         opportunity to review, sign, and receive a copy of his
 1245         or her case plan; providing additional requirements
 1246         when the child attains a certain age; requiring the
 1247         case plan to document that each parent has received
 1248         additional written notices; amending s. 39.6012, F.S.;
 1249         providing additional requirements for the department
 1250         and criteria for a case plan, with regard to
 1251         placement, permanency, education, health care, contact
 1252         with family, extended family, and fictive kin, and
 1253         independent living; amending s. 39.6035, F.S.;
 1254         requiring court approval of a transition plan before
 1255         the child attains 18 years of age; amending s. 39.621,
 1256         F.S.; creating an exception to the order of preference
 1257         for permanency goals under ch. 39, F.S., for
 1258         maintaining and strengthening the placement;
 1259         authorizing the new permanency goal to be used in
 1260         specified circumstances; amending s. 39.701, F.S.;
 1261         revising the information that must be included in a
 1262         specified written report under certain circumstances;
 1263         requiring a court, if possible, to order the
 1264         department to file a written notification; creating s.
 1265         409.143, F.S.; requiring every child placed in out-of
 1266         home care to be referred within a certain time for a
 1267         comprehensive behavioral health assessment; providing
 1268         requirements and procedures for such assessment;
 1269         requiring the department or the community-based care
 1270         lead agency to establish permanency teams; requiring
 1271         an assessment within a certain timeframe from the
 1272         beginning of a new placement in group care; providing
 1273         for judicial review of certain placements; requiring
 1274         the department to submit an annual report to the
 1275         Governor and the Legislature on the placement of
 1276         children in licensed out-of-home care; creating s.
 1277         409.144, F.S.; providing legislative findings and
 1278         intent; defining terms; requiring the department to
 1279         develop a continuum of care for the placement of
 1280         children in care settings; requiring a plan to recruit
 1281         and retain specialized placements for specific
 1282         children and young adults; requiring the department to
 1283         develop a quality rating system for group home and
 1284         foster homes; providing requirements for the rating
 1285         system; requiring the department to submit a report
 1286         annually to the Governor and the Legislature;
 1287         requiring the department to adopt rules; amending s.
 1288         409.1451, F.S.; requiring that a child be living in
 1289         licensed care on or after his or her 18th birthday as
 1290         a condition for receiving aftercare services; amending
 1291         s. 409.986, F.S., revising the definition of the term
 1292         “care”; amending s. 409.988, F.S.; requiring lead
 1293         agencies to ensure the availability of a full array of
 1294         services; requiring specified intervention services;
 1295         requiring the department to submit annually to the
 1296         Governor and the Legislature a report that evaluates
 1297         the adequacy of intervention services; requiring the
 1298         department to adopt rules; amending s. 409.996, F.S.;
 1299         requiring the department to ensure quality and
 1300         availability of services; amending s. 39.202, F.S.;
 1301         conforming provisions to changes made by the act;
 1302         amending ss. 39.5085 and 1002.3305, F.S.; conforming
 1303         cross-references; repealing s. 39.523, F.S., relating
 1304         to the placement of children in residential group
 1305         care; repealing s. 409.141, F.S., relating to
 1306         equitable reimbursement methodology; repealing s.
 1307         409.1676, F.S., relating to comprehensive residential
 1308         group care services to children who have extraordinary
 1309         needs; repealing s. 409.1677, F.S., relating to model
 1310         comprehensive residential services programs; repealing
 1311         s. 409.1679, F.S., relating to program requirements
 1312         and reimbursement methodology; providing an effective
 1313         date.