Florida Senate - 2016                             CS for SB 7018
       By the Committees on Appropriations; and Children, Families, and
       Elder Affairs; and Senator Detert
       576-04450-16                                          20167018c1
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.013,
    3         F.S.; extending court jurisdiction to age 22 for young
    4         adults with disabilities in foster care; amending s.
    5         39.2015, F.S.; revising requirements of the quarterly
    6         report submitted by the critical incident response
    7         team advisory committee; amending s. 39.402, F.S.;
    8         revising information that the Department of Children
    9         and Families is required to inform the court at
   10         shelter hearings; revising the written findings
   11         required to be included in an order for placement of a
   12         child in shelter care; amending s. 39.521, F.S.;
   13         revising timelines and distribution requirements for
   14         case plans and predisposition studies; amending s.
   15         39.522, F.S.; providing conditions under which a child
   16         may be returned home with an in-home safety plan;
   17         amending s. 39.6011, F.S.; providing the purpose of a
   18         case plan; requiring a case plan to document that a
   19         preplacement plan has been provided and reasonable
   20         efforts have been made to prevent out-of-home
   21         placement; removing the prohibition of threatening or
   22         coercing a parent with the loss of custody or parental
   23         rights for failing to admit certain actions in a case
   24         plan; providing that a child must be given the
   25         opportunity to review, sign, and receive a copy of his
   26         or her case plan; providing additional requirements
   27         when the child attains a certain age; requiring the
   28         case plan to document that each parent has received
   29         additional written notices; amending s. 39.6012, F.S.;
   30         providing additional requirements for the department
   31         and criteria for a case plan, with regard to
   32         placement, permanency, education, health care, contact
   33         with family, extended family, and fictive kin, and
   34         independent living; amending s. 39.6035, F.S.;
   35         requiring court approval of a transition plan before
   36         the child attains 18 years of age; amending s. 39.621,
   37         F.S.; creating an exception to the order of preference
   38         for permanency goals under ch. 39, F.S., for
   39         maintaining and strengthening the placement;
   40         authorizing the new permanency goal to be used in
   41         specified circumstances; amending s. 39.701, F.S.;
   42         revising the information that must be included in a
   43         specified written report under certain circumstances;
   44         requiring a court, if possible, to order the
   45         department to file a written notification; creating s.
   46         409.143, F.S.; requiring every child placed in out-of
   47         home care to be referred within a certain time for a
   48         comprehensive behavioral health assessment; providing
   49         requirements and procedures for such assessment;
   50         requiring the department or the community-based care
   51         lead agency to establish permanency teams; requiring
   52         an assessment within a certain timeframe from the
   53         beginning of a new placement in group care; providing
   54         for judicial review of certain placements; requiring
   55         the department to submit an annual report to the
   56         Governor and the Legislature on the placement of
   57         children in licensed out-of-home care; creating s.
   58         409.144, F.S.; providing legislative findings and
   59         intent; defining terms; requiring the department to
   60         develop a continuum of care for the placement of
   61         children in care settings; requiring a plan to recruit
   62         and retain specialized placements for specific
   63         children and young adults; requiring the department to
   64         develop a quality rating system for group home and
   65         foster homes; providing requirements for the rating
   66         system; requiring the department to submit a report
   67         annually to the Governor and the Legislature;
   68         requiring the department to adopt rules; amending s.
   69         409.1451, F.S.; requiring that a child be living in
   70         licensed care on or after his or her 18th birthday as
   71         a condition for receiving aftercare services; amending
   72         s. 409.986, F.S., revising the definition of the term
   73         “care”; amending s. 409.988, F.S.; requiring lead
   74         agencies to ensure the availability of a full array of
   75         services; requiring specified intervention services;
   76         requiring the department to submit annually to the
   77         Governor and the Legislature a report that evaluates
   78         the adequacy of intervention services; requiring the
   79         department to adopt rules; amending s. 409.996, F.S.;
   80         requiring the department to ensure quality and
   81         availability of services; amending s. 39.202, F.S.;
   82         conforming provisions to changes made by the act;
   83         amending ss. 39.5085 and 1002.3305, F.S.; conforming
   84         cross-references; repealing s. 39.523, F.S., relating
   85         to the placement of children in residential group
   86         care; repealing s. 409.141, F.S., relating to
   87         equitable reimbursement methodology; repealing s.
   88         409.1676, F.S., relating to comprehensive residential
   89         group care services to children who have extraordinary
   90         needs; repealing s. 409.1677, F.S., relating to model
   91         comprehensive residential services programs; repealing
   92         s. 409.1679, F.S., relating to program requirements
   93         and reimbursement methodology; providing an effective
   94         date.
   96  Be It Enacted by the Legislature of the State of Florida:
   98         Section 1. Subsection (2) of section 39.013, Florida
   99  Statutes, is amended to read:
  100         39.013 Procedures and jurisdiction; right to counsel.—
  101         (2) The circuit court has exclusive original jurisdiction
  102  of all proceedings under this chapter, of a child voluntarily
  103  placed with a licensed child-caring agency, a licensed child
  104  placing agency, or the department, and of the adoption of
  105  children whose parental rights have been terminated under this
  106  chapter. Jurisdiction attaches when the initial shelter
  107  petition, dependency petition, or termination of parental rights
  108  petition, or a petition for an injunction to prevent child abuse
  109  issued pursuant to s. 39.504, is filed or when a child is taken
  110  into the custody of the department. The circuit court may assume
  111  jurisdiction over any such proceeding regardless of whether the
  112  child was in the physical custody of both parents, was in the
  113  sole legal or physical custody of only one parent, caregiver, or
  114  some other person, or was not in the physical or legal custody
  115  of any person when the event or condition occurred that brought
  116  the child to the attention of the court. When the court obtains
  117  jurisdiction of any child who has been found to be dependent,
  118  the court shall retain jurisdiction, unless relinquished by its
  119  order, until the child reaches 21 years of age, or 22 years of
  120  age if the child has a disability, with the following
  121  exceptions:
  122         (a) If a young adult chooses to leave foster care upon
  123  reaching 18 years of age.
  124         (b) If a young adult does not meet the eligibility
  125  requirements to remain in foster care under s. 39.6251 or
  126  chooses to leave care under that section.
  127         (c) If a young adult petitions the court at any time before
  128  his or her 19th birthday requesting the court’s continued
  129  jurisdiction, the juvenile court may retain jurisdiction under
  130  this chapter for a period not to exceed 1 year following the
  131  young adult’s 18th birthday for the purpose of determining
  132  whether appropriate services that were required to be provided
  133  to the young adult before reaching 18 years of age have been
  134  provided.
  135         (d) If a petition for special immigrant juvenile status and
  136  an application for adjustment of status have been filed on
  137  behalf of a foster child and the petition and application have
  138  not been granted by the time the child reaches 18 years of age,
  139  the court may retain jurisdiction over the dependency case
  140  solely for the purpose of allowing the continued consideration
  141  of the petition and application by federal authorities. Review
  142  hearings for the child shall be set solely for the purpose of
  143  determining the status of the petition and application. The
  144  court’s jurisdiction terminates upon the final decision of the
  145  federal authorities. Retention of jurisdiction in this instance
  146  does not affect the services available to a young adult under s.
  147  409.1451. The court may not retain jurisdiction of the case
  148  after the immigrant child’s 22nd birthday.
  149         Section 2. Subsection (11) of section 39.2015, Florida
  150  Statutes, is amended to read:
  151         39.2015 Critical incident rapid response team.—
  152         (11) The secretary shall appoint an advisory committee made
  153  up of experts in child protection and child welfare, including
  154  the Statewide Medical Director for Child Protection under the
  155  Department of Health, a representative from the institute
  156  established pursuant to s. 1004.615, an expert in organizational
  157  management, and an attorney with experience in child welfare, to
  158  conduct an independent review of investigative reports from the
  159  critical incident rapid response teams and to make
  160  recommendations to improve policies and practices related to
  161  child protection and child welfare services. The advisory
  162  committee shall meet at least once each quarter and shall submit
  163  quarterly reports to the secretary which include findings and
  164  recommendations. The quarterly reports must include findings and
  165  recommendations and must describe the implementation status of
  166  all recommendations contained within the advisory committee
  167  reports, including an entity’s reason for not implementing a
  168  recommendation, if applicable. The secretary shall submit each
  169  report to the Governor, the President of the Senate, and the
  170  Speaker of the House of Representatives.
  171         Section 3. Paragraphs (f) and (h) of subsection (8) of
  172  section 39.402, Florida Statutes, are amended to read:
  173         39.402 Placement in a shelter.—
  174         (8)
  175         (f) At the shelter hearing, the department shall inform the
  176  court of:
  177         1. Any identified current or previous case plans negotiated
  178  under this chapter in any judicial circuit district with the
  179  parents or caregivers under this chapter and problems associated
  180  with compliance;
  181         2. Any adjudication of the parents or caregivers of
  182  delinquency;
  183         3. Any past or current injunction for protection from
  184  domestic violence; and
  185         4. All of the child’s places of residence during the prior
  186  12 months.
  187         (h) The order for placement of a child in shelter care must
  188  identify the parties present at the hearing and must contain
  189  written findings:
  190         1. That placement in shelter care is necessary based on the
  191  criteria in subsections (1) and (2).
  192         2. That placement in shelter care is in the best interest
  193  of the child.
  194         3. That continuation of the child in the home is contrary
  195  to the welfare of the child because the home situation presents
  196  a substantial and immediate danger to the child’s physical,
  197  mental, or emotional health or safety which cannot be mitigated
  198  by the provision of safety management preventive services.
  199         4. That based upon the allegations of the petition for
  200  placement in shelter care, there is probable cause to believe
  201  that the child is dependent or that the court needs additional
  202  time, which may not exceed 72 hours, in which to obtain and
  203  review documents pertaining to the family in order to
  204  appropriately determine whether placement in shelter care is
  205  necessary to ensure the child’s safety risk to the child.
  206         5. That the department has made reasonable efforts to
  207  prevent or eliminate the need for removal of the child from the
  208  home. A finding of reasonable effort by the department to
  209  prevent or eliminate the need for removal may be made and the
  210  department is deemed to have made reasonable efforts to prevent
  211  or eliminate the need for removal if:
  212         a. The first contact of the department with the family
  213  occurs during an emergency;
  214         b. The appraisal of the home situation by the department
  215  indicates that the home situation presents a substantial and
  216  immediate danger to the child’s physical, mental, or emotional
  217  health or safety which cannot be mitigated by the provision of
  218  safety management preventive services, including issuance of an
  219  injunction against a perpetrator of domestic violence pursuant
  220  to s. 39.504;
  221         c. The child cannot safely remain at home, either because
  222  there are no safety management preventive services that can
  223  ensure the health and safety of the child or because, even with
  224  appropriate and available services being provided, the health
  225  and safety of the child cannot be ensured; or
  226         d. The parent or legal custodian is alleged to have
  227  committed any of the acts listed as grounds for expedited
  228  termination of parental rights in s. 39.806(1)(f)-(i).
  229         6. That the department has made reasonable efforts to keep
  230  siblings together if they are removed and placed in out-of-home
  231  care unless such placement is not in the best interest of each
  232  child. It is preferred that siblings be kept together in a
  233  foster home, if available. Other reasonable efforts shall
  234  include short-term placement in a group home with the ability to
  235  accommodate sibling groups if such a placement is available. The
  236  department shall report to the court its efforts to place
  237  siblings together unless the court finds that such placement is
  238  not in the best interest of a child or his or her sibling.
  239         7. That the court notified the parents, relatives that are
  240  providing out-of-home care for the child, or legal custodians of
  241  the time, date, and location of the next dependency hearing and
  242  of the importance of the active participation of the parents,
  243  relatives that are providing out-of-home care for the child, or
  244  legal custodians in all proceedings and hearings.
  245         8. That the court notified the parents or legal custodians
  246  of their right to counsel to represent them at the shelter
  247  hearing and at each subsequent hearing or proceeding, and the
  248  right of the parents to appointed counsel, pursuant to the
  249  procedures set forth in s. 39.013.
  250         9. That the court notified relatives who are providing out
  251  of-home care for a child as a result of the shelter petition
  252  being granted that they have the right to attend all subsequent
  253  hearings, to submit reports to the court, and to speak to the
  254  court regarding the child, if they so desire.
  255         Section 4. Paragraph (a) of subsection (1) of section
  256  39.521, Florida Statutes, is amended, and present paragraphs (b)
  257  through (f) of that subsection are redesignated as paragraphs
  258  (c) through (g), respectively, to read:
  259         39.521 Disposition hearings; powers of disposition.—
  260         (1) A disposition hearing shall be conducted by the court,
  261  if the court finds that the facts alleged in the petition for
  262  dependency were proven in the adjudicatory hearing, or if the
  263  parents or legal custodians have consented to the finding of
  264  dependency or admitted the allegations in the petition, have
  265  failed to appear for the arraignment hearing after proper
  266  notice, or have not been located despite a diligent search
  267  having been conducted.
  268         (a) A written case plan and a predisposition study prepared
  269  by an authorized agent of the department must be approved by
  270  filed with the court. The department must file the case plan and
  271  the predisposition study with the court, serve a copy of the
  272  case plan on, served upon the parents of the child, and provide
  273  a copy of the case plan provided to the representative of the
  274  guardian ad litem program, if the program has been appointed,
  275  and provided to all other parties:
  276         1. Not less than 72 hours before the disposition hearing,
  277  if the disposition hearing occurs on or after the 60th day after
  278  the date the child was placed in out-of-home care. All such case
  279  plans must be approved by the court.
  280         2. Not less than 72 hours before the case plan acceptance
  281  hearing, if the disposition hearing occurs before the 60th day
  282  after the date the child was placed in out-of-home care and a
  283  case plan has not been submitted pursuant to this paragraph, or
  284  if the court does not approve the case plan at the disposition
  285  hearing. The case plan acceptance hearing must occur, the court
  286  must set a hearing within 30 days after the disposition hearing
  287  to review and approve the case plan.
  288         (b) The court may grant an exception to the requirement for
  289  a predisposition study by separate order or within the judge’s
  290  order of disposition upon finding that all the family and child
  291  information required by subsection (2) is available in other
  292  documents filed with the court.
  293         Section 5. Subsection (2) of section 39.522, Florida
  294  Statutes, is amended to read:
  295         39.522 Postdisposition change of custody.—The court may
  296  change the temporary legal custody or the conditions of
  297  protective supervision at a postdisposition hearing, without the
  298  necessity of another adjudicatory hearing.
  299         (2) In cases where the issue before the court is whether a
  300  child should be reunited with a parent, the court shall
  301  determine whether the circumstances that caused the out-of-home
  302  placement and issues subsequently identified have been remedied
  303  parent has substantially complied with the terms of the case
  304  plan to the extent that the return of the child to the home with
  305  an in-home safety plan will not be detrimental to the child’s
  306  safety, well-being, and physical, mental, and emotional health
  307  of the child is not endangered by the return of the child to the
  308  home.
  309         Section 6. Section 39.6011, Florida Statutes, is amended to
  310  read:
  311         (Substantial rewording of section. See
  312         s. 39.6011, F.S., for present text.)
  313         39.6011 Case plan purpose; requirements; procedures.—
  314         (1) PURPOSE.—The purpose of the case plan is to promote and
  315  facilitate change in parental behavior and to address the
  316  treatment and long-term well-being of children receiving
  317  services under this chapter.
  318         (2)GENERAL REQUIREMENTS.—The department shall draft a case
  319  plan for each child receiving services under this chapter. The
  320  case plan must:
  321         (a) Document that an assessment of the service needs of the
  322  child and family, and preventive services, if appropriate, have
  323  been provided pursuant to s. 409.143 and that reasonable efforts
  324  to prevent out-of-home placement have been made.
  325         (b)Be developed in a face-to-face conference with the
  326  parent of the child, any court-appointed guardian ad litem, the
  327  child’s attorney, and, if appropriate, the temporary custodian
  328  of the child. The parent may receive assistance from any person
  329  or social service agency in preparing the case plan. The social
  330  service agency, the department, and the court, when applicable,
  331  shall inform the parent of the right to receive such assistance,
  332  including the right to assistance of counsel.
  333         (c)Be written simply and clearly in English and, if
  334  English is not the principal language of the child’s parent, in
  335  the parent’s principal language, to the extent practicable.
  336         (d)Describe a process for making available to all physical
  337  custodians and family services counselors the information
  338  required by s. 39.6012(2) and for ensuring that this information
  339  follows the child until permanency has been achieved.
  340         (e)Specify the period of time for which the case plan is
  341  applicable, which must be as short a period as possible for the
  342  parent to comply with the terms of the plan. The case plan’s
  343  compliance period expires no later than 12 months after the date
  344  the child was initially removed from the home, the date the
  345  child is adjudicated dependent, or the date the case plan is
  346  accepted by the court, whichever occurs first.
  347         (f)Be signed by all of the parties. Signing the case plan
  348  constitutes an acknowledgment by each of the parties that they
  349  have been involved in the development of the case plan and that
  350  they are in agreement with the terms and conditions contained in
  351  the case plan. The refusal of a parent to sign the case plan
  352  does not preclude the court’s acceptance of the case plan if it
  353  is otherwise acceptable to the court. The parent’s signing of
  354  the case plan does not constitute an admission to any allegation
  355  of abuse, abandonment, or neglect and does not constitute
  356  consent to a finding of dependency or termination of parental
  357  rights. The department shall explain the provisions of the case
  358  plan to all persons involved in its implementation, before the
  359  signing of the plan.
  360         (3)PARTICIPATION BY THE CHILD.If the child has attained
  361  14 years of age or is otherwise of an appropriate age and
  362  capacity, the child must:
  363         (a) Be consulted on the development of the case plan; have
  364  the opportunity to attend a face-to-face conference, if
  365  appropriate; have the opportunity to express a placement
  366  preference; and have the option to choose two members for the
  367  case planning team who are not a foster parent or caseworker for
  368  the child.
  369         1.An individual selected by a child to be a member of the
  370  case planning team may be rejected at any time if there is good
  371  cause to believe that the individual would not act in the best
  372  interest of the child. One individual selected by a child to be
  373  a member of the child’s case planning team may be designated to
  374  be the child’s advisor and, as necessary, advocate with respect
  375  to the application of the reasonable and prudent parent standard
  376  to the child.
  377         2.The child may not be included in an aspect of the case
  378  planning process when information will be revealed or discussed
  379  which is of a nature that would best be presented to the child
  380  in a more therapeutic setting.
  381         (b) Sign the case plan, unless there is reason to waive the
  382  child’s signature.
  383         (c) Receive an explanation of the provisions of the case
  384  plan from the department.
  385         (d) After the case plan is agreed upon and signed by all of
  386  the parties, and after jurisdiction attaches and the case plan
  387  is filed with the court, be provided a copy of the case plan
  388  within 72 hours before the disposition hearing.
  389         (e) Notwithstanding s. 39.202, the department may discuss
  390  confidential information during the case planning conference in
  391  the presence of individuals who participate in the staffing. All
  392  individuals who participate in the staffing shall maintain the
  393  confidentiality of all information shared during the case
  394  planning staffing.
  395         (4)NOTICE TO PARENTS.The case plan must document that
  396  each parent has been advised of the following by written notice:
  397         (a)That he or she may not be coerced or threatened with
  398  the loss of custody or parental rights for failing to admit the
  399  abuse, neglect, or abandonment of the child in the case plan.
  400  Participation in the development of a case plan is not an
  401  admission to any allegation of abuse, abandonment, or neglect
  402  and does not constitute consent to a finding of dependency or
  403  termination of parental rights.
  404         (b)That the department must document a parent’s
  405  unwillingness or inability to participate in developing a case
  406  plan and provide such documentation in writing to the parent
  407  when it becomes available for the court record. In such event,
  408  the department shall prepare a case plan that, to the extent
  409  possible, conforms with the requirements of this section. The
  410  parent must also be advised that his or her unwillingness or
  411  inability to participate in developing a case plan does not
  412  preclude the filing of a petition for dependency or for
  413  termination of parental rights. If the parent is available, the
  414  department shall provide a copy of the case plan to the parent
  415  and advise him or her that, at any time before the filing of a
  416  petition for termination of parental rights, he or she may enter
  417  into a case plan and that he or she may request judicial review
  418  of any provision of the case plan with which he or she disagrees
  419  at any court hearing set for the child.
  420         (c)That his or her failure to substantially comply with
  421  the case plan may result in the termination of parental rights
  422  and that a material breach of the case plan may result in the
  423  filing of a petition for termination of parental rights before
  424  the scheduled completion date.
  425         (5)DISTRIBUTION AND FILING WITH THE COURT.—The department
  426  shall adhere to the following procedural requirements in
  427  developing and distributing a case plan:
  428         (a)After the case plan has been agreed upon and signed by
  429  the parties, a copy of the case plan must immediately be given
  430  to the parties and to other persons, as directed by the court.
  431         (b)In each case in which a child has been placed in out
  432  of-home care, a case plan must be prepared within 60 days after
  433  the department removes the child from the home and must be
  434  submitted to the court for review and approval before the
  435  disposition hearing.
  436         (c)After jurisdiction attaches, all case plans must be
  437  filed with the court and a copy provided to all of the parties
  438  whose whereabouts are known not less than 72 hours before the
  439  disposition hearing. The department shall file with the court
  440  all case plans prepared before jurisdiction of the court
  441  attaches, and the department shall provide copies of all such
  442  case plans to all of the parties.
  443         (d)A case plan must be prepared, but need not be submitted
  444  to the court, for a child who will be in care for 30 days or
  445  less unless that child is placed in out-of-home care for a
  446  second time within a 12-month period.
  447         Section 7. Section 39.6012, Florida Statutes, is amended to
  448  read:
  449         (Substantial rewording of section. See
  450         s. 39.6012, F.S., for present text.)
  451         39.6012 Services and parental tasks under the case plan;
  452  safety, permanency, and well-being of the child.—The case plan
  453  must include a description of the identified problem that is
  454  being addressed, including the parent’s behavior or acts that
  455  have resulted in a threat to the safety of the child and the
  456  reason for the department’s intervention. The case plan must be
  457  designed to improve conditions in the child’s home to facilitate
  458  the child’s safe return and ensure proper care of the child, or
  459  to facilitate the child’s permanent placement. The services
  460  offered must be as unobtrusive as possible in the lives of the
  461  parent and the child, must focus on clearly defined objectives,
  462  and must provide the most timely and efficient path to
  463  reunification or permanent placement, given the circumstances of
  464  the case and the child’s need for safe and proper care.
  465         (1)CASE PLAN SERVICES AND TASKS.The case plan must be
  466  based upon an assessment of the circumstances that required
  467  intervention by the child welfare system. The case plan must
  468  describe the role of the foster parents or legal custodians and
  469  must be developed in conjunction with the determination of the
  470  services that are to be provided under the case plan to the
  471  child, foster parents, or legal custodians. If a parent’s
  472  substantial compliance with the case plan requires the
  473  department to provide services to the parent or the child and
  474  the parent agrees to begin compliance with the case plan before
  475  it is accepted by the court, the department shall make
  476  appropriate referrals for services which will allow the parent
  477  to immediately begin the agreed-upon tasks and services.
  478         (a)Itemization in the case plan.The case plan must
  479  describe each of the tasks that the parent must complete and the
  480  services that will be provided to the parent, in the context of
  481  the identified problem, including:
  482         1.The type of services or treatment that will be provided.
  483         2.If the service is being provided by the department or
  484  its agent, the date the department will provide each service or
  485  referral for service.
  486         3.The date by which the parent must complete each task.
  487         4.The frequency of services or treatment to be provided,
  488  which shall be determined by the professionals providing the
  489  services and may be adjusted as needed based on the best
  490  professional judgment of the providers.
  491         5.The location of the delivery of the services.
  492         6.Identification of the staff of the department or of the
  493  service provider who are responsible for the delivery of
  494  services or treatment.
  495         7.A description of measurable outcomes, including the
  496  timeframes specified for achieving the objectives of the case
  497  plan and addressing the identified problem.
  498         (b)Meetings with case manager.The case plan must include
  499  a schedule of the minimum number of face-to-face meetings to be
  500  held each month between the parent and the case manager to
  501  review the progress of the case plan, eliminate barriers to
  502  completion of the plan, and resolve conflicts or disagreements.
  503         (c)Request for notification from relative.The case
  504  manager shall advise the attorney for the department of a
  505  relative’s request to receive notification of proceedings and
  506  hearings submitted pursuant to s. 39.301(14)(b).
  507         (d)Financial support.The case plan must specify the
  508  parent’s responsibility for the financial support of the child,
  509  including, but not limited to, health insurance and child
  510  support. The case plan must list the costs associated with any
  511  services or treatment that the parent and child are expected to
  512  receive which are the financial responsibility of the parent.
  513  The determination of child support and other financial support
  514  must be made independently of any determination of dependency
  515  under s. 39.013.
  517  case plan must include all available information that is
  518  relevant to the child’s care, including a detailed description
  519  of the identified needs of the child while in care and a
  520  description of the plan for ensuring that the child receives
  521  safe and proper care that is appropriate to his or her needs.
  522  Participation by the child must meet the requirements under s.
  523  39.6011.
  524         (a) Placement.To comply with federal law, the department
  525  must ensure that the placement of a child in foster care is in
  526  the least restrictive, most family-like environment; must review
  527  the family assessment, safety plan, and case plan for the child
  528  to assess the necessity for and the appropriateness of the
  529  placement; must assess the progress that has been made toward
  530  case plan outcomes; and must project a likely date by which the
  531  child may be safely reunified or placed for adoption or legal
  532  guardianship. The family assessment must indicate the type of
  533  placement to which the child has been assigned and must document
  534  the following:
  535         1. That the child has undergone the placement assessments
  536  required pursuant to s. 409.143.
  537         2. That the child has been placed in the least restrictive
  538  and most family-like setting available consistent with the best
  539  interest and special needs of the child and in as close
  540  proximity as possible to the child’s home.
  541         3. If the child is placed in a setting that is more
  542  restrictive than recommended by the placement assessments or is
  543  placed more than 50 miles from the child’s home, the reasons for
  544  which the placement is necessary and in the best interest of the
  545  child and the steps required to place the child in the placement
  546  recommended by the assessment.
  547         4.If residential group care is recommended for the child,
  548  the needs of the child which necessitate such placement, the
  549  plan for transitioning the child to a family setting, and the
  550  projected timeline for the child’s transition to a less
  551  restrictive environment.
  552         5.If the child is placed in residential group care, that
  553  his or her case plan is reviewed and updated within 90 days
  554  after the child’s admission to the residential group care
  555  facility and at least every 60 days thereafter.
  556         (b) Permanency.If reunifying a child with his or her
  557  family is not possible, the department shall make every effort
  558  to provide other forms of permanency, such as adoption or
  559  guardianship. If a child is placed in an out-of-home placement,
  560  the case plan, in addition to any other requirements imposed by
  561  law or department rule, must include:
  562         1. If concurrent planning is being used, a description of
  563  the permanency goal of reunification with the parent or legal
  564  custodian and a description of one of the remaining permanency
  565  goals defined in s. 39.01; or, if concurrent case planning is
  566  not being used, an explanation as to why it is not being used.
  567         2. If the case plan has as its goal the adoption of the
  568  child or his or her placement in another permanent home, a
  569  statement of the child’s wishes regarding his or her permanent
  570  placement plan and an assessment of those stated wishes. The
  571  case plan must also include documentation of the steps the
  572  social service agency is taking to find an adoptive family or
  573  other permanent living arrangements for the child; to place the
  574  child with an adoptive family, an appropriate and willing
  575  relative, or a legal guardian; and to finalize the adoption or
  576  legal guardianship. At a minimum, the documentation must include
  577  child-specific recruitment efforts, such as the use of state,
  578  regional, and national adoption exchanges, including electronic
  579  exchange systems, after he or she has become legally eligible
  580  for adoption.
  581         3. If the child has been in out-of-home care for at least
  582  12 months and the permanency goal is not adoptive placement, the
  583  documentation of the compelling reason for a finding that
  584  termination of parental rights is not in the child’s best
  585  interest.
  586         (c)Education.A case plan must ensure the educational
  587  stability of the child while in foster care. To the extent
  588  available and accessible, the names and addresses of the child’s
  589  educational providers, a record of his or her grade level
  590  performance, and his or her school record must be attached to
  591  the case plan and updated throughout the judicial review
  592  process. The case plan must also include documentation that the
  593  placement:
  594         1.Takes into account the appropriateness of the current
  595  educational setting and the proximity to the school in which the
  596  child is enrolled at the time of placement.
  597         2.Has been coordinated with appropriate local educational
  598  agencies to ensure that the child remains in the school in which
  599  the child is enrolled at the time of placement or, if remaining
  600  in that school is not in the best interest of the child,
  601  assurances by the department and the local education agency to
  602  provide immediate and appropriate enrollment in a new school and
  603  to provide all of the child’s educational records to the new
  604  school.
  605         (d) Health care.To the extent that they are available and
  606  accessible, the names and addresses of the child’s health and
  607  behavioral health providers, a record of the child’s
  608  immunizations, the child’s known medical history, including any
  609  known health issues, the child’s medications, and any other
  610  relevant health and behavioral health information must be
  611  attached to the case plan and updated throughout the judicial
  612  review process.
  613         (e) Contact with family, extended family, and fictive kin.
  614  When out-of-home placement is made, the case plan must include
  615  provisions for the development and maintenance of sibling
  616  relationships and visitation, if the child has siblings and is
  617  separated from them, a description of the parent’s visitation
  618  rights and obligations, and a description of any visitation
  619  rights with extended family members as defined in s. 751.011. As
  620  used in this paragraph, the term “fictive kin” means individuals
  621  who are unrelated to the child by birth or marriage, but who
  622  have an emotionally significant relationship with the child
  623  which would take on the characteristics of a family
  624  relationship. As soon as possible after a court order is
  625  entered, the following must be provided to the child’s out-of
  626  home caregiver:
  627         1. Information regarding any court-ordered visitation
  628  between the child and the parents and the court-ordered terms
  629  and conditions necessary to facilitate the visits and protect
  630  the safety of the child.
  631         2. Information regarding the schedule and frequency of the
  632  visits between the child and his or her siblings, as well as any
  633  court-ordered terms and conditions necessary to facilitate the
  634  visits and protect the safety of the child.
  635         3. Information regarding the schedule and frequency of the
  636  visits between the child and any extended family member or
  637  fictive kin, as well as any court-ordered terms and conditions
  638  necessary to facilitate the visits and protect the safety of the
  639  child.
  640         (f) Independent living.
  641         1. When appropriate, the case plan for a child who is 13
  642  years of age or older must include a written description of the
  643  life skills services to be provided by the caregiver which will
  644  assist the child, consistent with his or her best interests, in
  645  preparing for the transition from foster care to independent
  646  living. The case plan must be developed with the child and
  647  individuals identified as important to the child and must
  648  include the steps the social service agency is taking to ensure
  649  that the child has a connection with a caring adult.
  650         2.During the 180-day period after a child reaches 17 years
  651  of age, the department and the community-based care provider, in
  652  collaboration with the caregiver and any other individual whom
  653  the child would like to include, shall assist the child in
  654  developing a transition plan pursuant to s. 39.6035, which is in
  655  addition to standard case management requirements. The
  656  transition plan must address specific options that the child may
  657  use in obtaining services, including housing, health insurance,
  658  education, and workforce support and employment services. The
  659  transition plan must also consider establishing and maintaining
  660  naturally occurring mentoring relationships and other personal
  661  support services. The transition plan may be as detailed as the
  662  child chooses and must be attached to the case plan and updated
  663  before each judicial review.
  664         Section 8. Subsection (4) of section 39.6035, Florida
  665  Statutes, is amended to read:
  666         39.6035 Transition plan.—
  667         (4) If a child is planning to leave care upon reaching 18
  668  years of age, The transition plan must be approved by the court
  669  before the child attains 18 years of age and must be attached to
  670  the case plan and updated before each judicial review child
  671  leaves care and the court terminates jurisdiction.
  672         Section 9. Subsection (2) of section 39.621, Florida
  673  Statutes, is amended, and present subsections (3) through (11)
  674  of that section are redesignated as subsections (4) through
  675  (12), respectively, to read:
  676         39.621 Permanency determination by the court.—
  677         (2) The permanency goal of maintaining and strengthening
  678  the placement with a parent may be used in the following
  679  circumstances:
  680         (a) If a child has not been removed from a parent but is
  681  found to be dependent, even if adjudication of dependency is
  682  withheld, the court may leave the child in the current placement
  683  with maintaining and strengthening the placement as a permanency
  684  option.
  685         (b) If a child has been removed from a parent and is placed
  686  with the parent from whom the child was not removed, the court
  687  may leave the child in the placement with the parent from whom
  688  the child was not removed with maintaining and strengthening the
  689  placement as a permanency option.
  690         (c) If a child has been removed from a parent and is
  691  subsequently reunified with that parent, the court may leave the
  692  child with that parent with maintaining and strengthening the
  693  placement as a permanency option.
  694         (3)Except as provided in subsection (2), the permanency
  695  goals available under this chapter, listed in order of
  696  preference, are:
  697         (a) Reunification;
  698         (b) Adoption, if a petition for termination of parental
  699  rights has been or will be filed;
  700         (c) Permanent guardianship of a dependent child under s.
  701  39.6221;
  702         (d) Permanent placement with a fit and willing relative
  703  under s. 39.6231; or
  704         (e) Placement in another planned permanent living
  705  arrangement under s. 39.6241.
  706         Section 10. Paragraphs (a) and (d) of subsection (2) of
  707  section 39.701, Florida Statutes, are amended to read:
  708         39.701 Judicial review.—
  710  AGE.—
  711         (a) Social study report for judicial review.—Before every
  712  judicial review hearing or citizen review panel hearing, the
  713  social service agency shall make an investigation and social
  714  study concerning all pertinent details relating to the child and
  715  shall furnish to the court or citizen review panel a written
  716  report that includes, but is not limited to:
  717         1. A description of the type of placement the child is in
  718  at the time of the hearing, including the safety of the child,
  719  and the continuing necessity for and appropriateness of the
  720  placement, and that the placement is in the least restrictive
  721  and most family-like setting that meets the assessed needs of
  722  the child, or an explanation of why the placement is not in the
  723  least restrictive and most family-like setting available that
  724  meets the assessed needs of the child.
  725         2. Documentation of the diligent efforts made by all
  726  parties to the case plan to comply with each applicable
  727  provision of the case plan.
  728         3. The amount of fees assessed and collected during the
  729  period of time being reported.
  730         4. The services provided to the foster family or legal
  731  custodian in an effort to address the needs of the child as
  732  indicated in the case plan.
  733         5. A statement that either:
  734         a. The parent, though able to do so, did not comply
  735  substantially with the case plan, and the agency
  736  recommendations;
  737         b. The parent did substantially comply with the case plan;
  738  or
  739         c. The parent has partially complied with the case plan,
  740  with a summary of additional progress needed and the agency
  741  recommendations.
  742         6.A statement of whether the circumstances that caused the
  743  out-of-home placement and issues subsequently identified have
  744  been remedied to the extent that the return of the child to the
  745  home with an in-home safety plan will not be detrimental to the
  746  child’s safety, well-being, and physical, mental, and emotional
  747  health.
  748         7.6. A statement from the foster parent or legal custodian
  749  providing any material evidence concerning the return of the
  750  child to the parent or parents.
  751         8.7. A statement concerning the frequency, duration, and
  752  results of the parent-child visitation, if any, and the agency
  753  recommendations for an expansion or restriction of future
  754  visitation.
  755         9.8. The number of times a child has been removed from his
  756  or her home and placed elsewhere, the number and types of
  757  placements that have occurred, and the reason for the changes in
  758  placement.
  759         10.9. The number of times a child’s educational placement
  760  has been changed, the number and types of educational placements
  761  which have occurred, and the reason for any change in placement.
  762         11.10. If the child has reached 13 years of age but is not
  763  yet 18 years of age, a statement from the caregiver on the
  764  progress the child has made in acquiring independent living
  765  skills.
  766         12.11. Copies of all medical, psychological, and
  767  educational records that support the terms of the case plan and
  768  that have been produced concerning the parents or any caregiver
  769  since the last judicial review hearing.
  770         13.12. Copies of the child’s current health, mental health,
  771  and education records as identified in s. 39.6012.
  772         (d) Orders.—
  773         1. Based upon the criteria set forth in paragraph (c) and
  774  the recommended order of the citizen review panel, if any, the
  775  court shall determine whether or not the social service agency
  776  shall initiate proceedings to have a child declared a dependent
  777  child, return the child to the parent, continue the child in
  778  out-of-home care for a specified period of time, or initiate
  779  termination of parental rights proceedings for subsequent
  780  placement in an adoptive home. Amendments to the case plan must
  781  be prepared as prescribed in s. 39.6013. If the court finds that
  782  remaining in the home with an in-home safety plan will not be
  783  detrimental to the child’s safety, well-being, and physical,
  784  mental, and emotional health the prevention or reunification
  785  efforts of the department will allow the child to remain safely
  786  at home or be safely returned to the home, the court shall allow
  787  the child to remain in or return to the home after making a
  788  specific finding of fact that the reasons for the creation of
  789  the case plan have been remedied to the extent that the child’s
  790  safety, well-being, and physical, mental, and emotional health
  791  will not be endangered.
  792         2. The court shall return the child to the custody of the
  793  parents at any time it determines that the circumstances that
  794  caused the out-of-home placement and issues subsequently
  795  identified have been remedied to the extent that the return of
  796  the child to the home with an in-home safety plan they have
  797  substantially complied with the case plan, if the court is
  798  satisfied that reunification will not be detrimental to the
  799  child’s safety, well-being, and physical, mental, and emotional
  800  health.
  801         3. If, in the opinion of the court, the social service
  802  agency has not complied with its obligations as specified in the
  803  written case plan, the court may find the social service agency
  804  in contempt, shall order the social service agency to submit its
  805  plans for compliance with the agreement, and shall require the
  806  social service agency to show why the child could not safely be
  807  returned to the home of the parents.
  808         4. If possible, the court shall order the department to
  809  file a written notification before a child changes placements or
  810  living arrangements. If such notification is not possible before
  811  the change, the department must file a notification immediately
  812  after a change. A written notification filed with the court must
  813  include assurances from the department that the provisions of s.
  814  409.145 and administrative rule relating to placement changes
  815  have been met.
  816         5.4. If, at any judicial review, the court finds that the
  817  parents have failed to substantially comply with the case plan
  818  to the degree that further reunification efforts are without
  819  merit and not in the best interest of the child, on its own
  820  motion, the court may order the filing of a petition for
  821  termination of parental rights, whether or not the time period
  822  as contained in the case plan for substantial compliance has
  823  expired.
  824         6.5. Within 6 months after the date that the child was
  825  placed in shelter care, the court shall conduct a judicial
  826  review hearing to review the child’s permanency goal as
  827  identified in the case plan. At the hearing the court shall make
  828  findings regarding the likelihood of the child’s reunification
  829  with the parent or legal custodian within 12 months after the
  830  removal of the child from the home. If the court makes a written
  831  finding that it is not likely that the child will be reunified
  832  with the parent or legal custodian within 12 months after the
  833  child was removed from the home, the department must file with
  834  the court, and serve on all parties, a motion to amend the case
  835  plan under s. 39.6013 and declare that it will use concurrent
  836  planning for the case plan. The department must file the motion
  837  within 10 business days after receiving the written finding of
  838  the court. The department must attach the proposed amended case
  839  plan to the motion. If concurrent planning is already being
  840  used, the case plan must document the efforts the department is
  841  taking to complete the concurrent goal.
  842         7.6. The court may issue a protective order in assistance,
  843  or as a condition, of any other order made under this part. In
  844  addition to the requirements included in the case plan, the
  845  protective order may set forth requirements relating to
  846  reasonable conditions of behavior to be observed for a specified
  847  period of time by a person or agency who is before the court;
  848  and the order may require any person or agency to make periodic
  849  reports to the court containing such information as the court in
  850  its discretion may prescribe.
  851         Section 11. Section 409.143, Florida Statutes, is created
  852  to read:
  853         409.143 Assessment of children in out-of-home placement.—
  854         (1) NEEDS ASSESSMENT.—
  855         (a) Each child placed in out-of-home care shall be referred
  856  by the department for a comprehensive behavioral health
  857  assessment within 7 days after the child enters out-of-home
  858  care.
  859         (b) The comprehensive assessment shall measure the
  860  strengths and needs of the child and family and provide
  861  recommendations for developing the case plan to ensure that the
  862  child has the services and supports that are necessary to
  863  maintain the child in the least restrictive out-of-home care
  864  setting, promote the child’s well-being, accomplish family
  865  preservation and reunification, and facilitate permanency
  866  planning.
  867         (c) Completion of the comprehensive assessment must occur
  868  within 30 days after the child enters out-of-home care.
  869         (d) Upon receipt of a child’s completed comprehensive
  870  assessment, the child’s case manager shall review the assessment
  871  and document whether a less restrictive, more family-like
  872  setting for the child is recommended and available. The
  873  department shall document determinations resulting from the
  874  comprehensive assessment in the Florida Safe Families Network
  875  and update the case plan to include identified needs of the
  876  child and specified services and supports to be provided in the
  877  out-of-home care placement setting to meet the assessed needs of
  878  the child. The case manager shall refer the child and family for
  879  all services identified through a comprehensive assessment. The
  880  planned services shall be implemented within 30 days after the
  881  child’s needs are identified. If services are not initiated
  882  within 30 days, the case manager shall document reasons in the
  883  case file as to why services were not initiated.
  884         (e) The department and the community-based care lead agency
  885  may conduct additional assessments of a child in out-of-home
  886  care if necessary.
  888  AGENCY.—
  889         (a) Within 30 days after a placement of a child in group
  890  care with a residential child-caring agency, a qualified
  891  individual shall make an assessment, using a validated and
  892  evidence-based assessment tool, and determine whether or not the
  893  child’s needs can be met with family members or in a family
  894  foster home and if not, which of the approved foster care
  895  placement settings would provide a more effective and
  896  appropriate level of care. The assessment must be done in
  897  conjunction with a permanency team that must be established by
  898  the department or the community-based care lead agency that
  899  places children pursuant to this section. The team must include
  900  a representative from the community-based care lead agency, the
  901  caseworker for the child, the out-of-home care provider, the
  902  guardian ad litem, any provider of services to the child,
  903  teachers, clergy, relatives, and fictive kin.
  904         (b) Within 60 days after a placement of a child in group
  905  care with a residential child-caring agency, a court must review
  906  the assessment and approve or disapprove the placement. At each
  907  judicial review and permanency, the department shall demonstrate
  908  why the child cannot be served in a family foster home,
  909  demonstrate why the placement in group care with a residential
  910  child-caring agency continues to be necessary and consistent
  911  with the child’s short and long-term goals, and document efforts
  912  to step the child down into a more family-like setting.
  913         (c) If it is determined during any assessment that a child
  914  may be suitable for residential treatment as defined in s.
  915  39.407, the procedures in that section must be followed.
  916         (3) ANNUAL REPORT.—By October 1 of each year, the
  917  department shall report to the Governor, the President of the
  918  Senate, and the Speaker of the House of Representatives on the
  919  placement of children in licensed out-of-home care, including
  920  family foster homes and residential group care, during the year.
  921  At a minimum, the report must include:
  922         (a) The number of children placed in family foster homes
  923  and residential group care.
  924         (b) The number of children placed outside of the county,
  925  outside of the circuit, and outside of the region in which they
  926  were removed from their homes.
  927         (c) The number of children who had to change schools as a
  928  result of a placement decision.
  929         (d) The use of each type of placement setting on a local,
  930  regional, and statewide level.
  931         (e) An inventory of services available, by community-based
  932  care lead agency, which are necessary to maintain children in
  933  the least restrictive settings.
  934         (f) An inventory of permanency teams that are created by
  935  each community-based care lead agency and the progress made by
  936  each lead agency to use those teams.
  937         Section 12. Section 409.144, Florida Statutes, is created
  938  to read:
  939         409.144 Continuum of care for children.—
  941         (a)The Legislature finds that permanency, well-being, and
  942  safety are critical goals for all children, especially for those
  943  in care, and that children in foster care or at risk of entering
  944  foster care are best supported through a continuum of care that
  945  provides appropriate ongoing services, supports, and a place to
  946  live from entry to exit.
  947         (b)The Legislature also finds that federal law requires
  948  that out-of-home placements for children be in the least
  949  restrictive, most family-like setting available which is in
  950  close proximity to the home of their parents and consistent with
  951  the best interests and needs of the child, and that children be
  952  transitioned from out-of-home care to a permanent home in a
  953  timely manner.
  954         (c)The Legislature further finds that permanency can be
  955  achieved through preservation of the family, through
  956  reunification with the birth family, or through legal
  957  guardianship or adoption by relatives or other caring and
  958  committed adults. Planning for permanency should begin at entry
  959  into care and should be child-driven, family-focused, culturally
  960  appropriate, and continuous and approached with the highest
  961  degree of urgency.
  962         (d)It is, therefore, the intent of the Legislature that
  963  the department and the larger child welfare community establish
  964  and maintain a continuum of care that affords every child the
  965  opportunity to benefit from the most appropriate and least
  966  restrictive interventions, both in or out of the home, while
  967  ensuring that well-being and safety are addressed.
  968         (2)DEFINITIONS.—As used in this section, the term:
  969         (a)“Continuum of care” means the complete range of
  970  programs, services, and placement options for children served
  971  by, or at risk of being served by, the dependency system.
  972         (b)“Family foster care” means a family foster home as
  973  defined in s. 409.175.
  974         (c)“Level of care” means a tiered approach to the type of
  975  placements used and the acuity and intensity of intervention
  976  services provided to meet the severity of a dependent child’s
  977  specific physical, emotional, psychological, and social needs.
  978         (d)“Out-of-home care” means the placement of a child in
  979  licensed and nonlicensed settings, arranged and supervised by
  980  the department or contracted service provider, outside the home
  981  of the parent.
  982         (e) “Residential group care” means a 24-hour, live-in
  983  environment that provides supervision, care, and services to
  984  meet the physical, emotional, social, and life skills needs of
  985  children served by the dependency system. Services may be
  986  provided by residential group care staff who are qualified to
  987  perform the needed services or by a community-based service
  988  provider with clinical expertise, credentials, and training to
  989  provide services to the children being served.
  990         (3)DEVELOPMENT OF CONTINUUM OF CARE.—The department, in
  991  collaboration with the Florida Institute for Child Welfare and
  992  other stakeholders, shall develop a continuum of care for the
  993  placement of children in care, including, but not limited to,
  994  both family foster care and residential group care. Stakeholders
  995  involved in the development of the continuum of care must
  996  include representatives from providers, child advocates,
  997  children who are currently in care, and young adults who have
  998  aged out of care. To implement the continuum of care, the
  999  department shall, by December 31, 2017:
 1000         (a) Establish levels of care in the continuum of care which
 1001  are clearly and concisely defined with the qualifying criteria
 1002  for placement for each level of care identified.
 1003         (b) Revise licensure standards and rules to reflect the
 1004  supports and services provided by a placement at each level of
 1005  care and the complexity of the needs of the children served.
 1006  Revisions must include attention to the need for a particular
 1007  category of provider in a community before licensure may be
 1008  considered, the quality standards of operation which must be met
 1009  by all licensed providers, the numbers and qualifications of
 1010  staff which are adequate to effectively address the issues and
 1011  meet the needs of the children that the staff’s facility seeks
 1012  to serve, and a well-defined process tied to specific criteria
 1013  which leads to licensure suspension or revocation.
 1014         (c) Develop policies and procedures necessary to ensure
 1015  that placement in any level of care is appropriate for each
 1016  specific child, is determined by the required assessments and
 1017  staffing, and lasts only as long as necessary to resolve the
 1018  issue that required the placement.
 1019         (d) Develop a plan to recruit and retain specialized
 1020  placements that may be appropriate and necessary for the
 1021  following:
 1022         1. Placements for pregnant and parenting children and young
 1023  adults must include family foster homes that are designed to
 1024  provide an out-of-home placement option for young parents and
 1025  their children to enable them to live in the same family foster
 1026  home while caring for their children and working toward
 1027  independent care of the child.
 1028         2. Placements for sibling groups must be family foster
 1029  homes or residential group homes designed to keep sibling groups
 1030  together unless such placements are not in the best interest of
 1031  each child.
 1032         3. Young adults who have chosen to remain in foster care
 1033  after the age of 18 and need independent living arrangements
 1034  that provide services and case management.
 1035         4. Children who are involved in both the dependency and the
 1036  juvenile justice systems. A plan for living arrangements and
 1037  access to services for these children shall be developed by the
 1038  department, in collaboration with the Department of Juvenile
 1039  Justice.
 1040         (4) QUALITY RATING SYSTEM.—By June 30, 2017, the department
 1041  shall develop, in collaboration with lead agencies, service
 1042  providers, and other community stakeholders, a statewide quality
 1043  rating system for providers of residential group care. This
 1044  system must promote high quality in services and accommodations
 1045  by creating measurable minimum quality standards. Domains
 1046  addressed by a quality rating system for residential group care
 1047  may include, but are not limited to, admissions, service
 1048  planning and treatment planning, living environment, and program
 1049  and service requirements. The system must be implemented by July
 1050  1, 2018, and must include:
 1051         (a) Delineated levels of quality which are clearly and
 1052  concisely defined, including the domains measured and criteria
 1053  that must be met to be placed in each level of quality.
 1054         (b) A well-defined process for notice, inspection,
 1055  remediation, appeal, and enforcement.
 1056         (5)REPORTING REQUIREMENT.—The department shall submit a
 1057  report to the Governor, the President of the Senate, and the
 1058  Speaker of the House of Representatives by October 1 of each
 1059  year, with the first report due October 1, 2016. At a minimum,
 1060  the report must include the following:
 1061         (a) An update on the development of the continuum of care
 1062  required by this section.
 1063         (b) An inventory of existing placements for children by
 1064  type and by community-based care lead agency.
 1065         (c) An inventory of existing services available by
 1066  community-based care lead agency and a plan for filling any
 1067  identified gap, as well as a determination of what services are
 1068  available that can be provided to children in family foster care
 1069  without having to move the child to a more restrictive
 1070  placement.
 1071         (d) The strategies being used by community-based care lead
 1072  agencies to recruit, train, and support an adequate number of
 1073  families to provide home-based family care.
 1074         (e) For every placement of a child made which is contrary
 1075  to an appropriate placement as determined by the assessment
 1076  process in s. 409.143, an explanation from the community-based
 1077  care lead agency as to why the placement was made.
 1078         (f) The strategies being used by the community-based care
 1079  lead agencies to reduce the high percentage of turnover in
 1080  caseworkers.
 1081         (g) A plan for oversight by the department over the
 1082  implementation of the continuum of care by the community-based
 1083  care lead agencies.
 1084         (h) An update on the development of a statewide quality
 1085  rating system for residential group care and family foster
 1086  homes, and in 2018 and subsequent years, a list of providers
 1087  meeting minimum quality standards and their quality ratings, the
 1088  percentage of children placed in residential group care with
 1089  highly rated providers, any negative action taken against
 1090  contracted providers for not meeting minimum quality standards,
 1091  and a plan for department oversight of the implementation of the
 1092  statewide quality rating system for residential group care by
 1093  the community-based lead agencies.
 1094         (6)RULEMAKING.—The department shall adopt rules to
 1095  implement this section.
 1096         Section 13. Paragraph (a) of subsection (3) of section
 1097  409.1451, Florida Statutes, is amended to read:
 1098         409.1451 The Road-to-Independence Program.—
 1099         (3) AFTERCARE SERVICES.—
 1100         (a) Aftercare services are available to a young adult who
 1101  was living in licensed care on his or her 18th birthday, who has
 1102  reached 18 years of age but is not yet 23 years of age, and who
 1103  is:
 1104         1. Not in foster care.
 1105         2. Temporarily not receiving financial assistance under
 1106  subsection (2) to pursue postsecondary education.
 1107         Section 14. Paragraph (a) of subsection (3) of section
 1108  409.986, Florida Statutes, is amended to read:
 1109         409.986 Legislative findings and intent; child protection
 1110  and child welfare outcomes; definitions.—
 1111         (3) DEFINITIONS.—As used in this part, except as otherwise
 1112  provided, the term:
 1113         (a) “Care” means services of any kind which are designed to
 1114  facilitate a child remaining safely in his or her own home,
 1115  returning safely to his or her own home if he or she is removed
 1116  from the home, or obtaining an alternative permanent home if he
 1117  or she cannot remain at home or be returned home. The term
 1118  includes, but is not limited to, prevention, intervention,
 1119  diversion, and related services.
 1120         Section 15. Subsection (3) of section 409.988, Florida
 1121  Statutes, is amended to read:
 1122         409.988 Lead agency duties; general provisions.—
 1123         (3) SERVICES.—
 1124         (a) General services.
 1125         1. A lead agency must provide dependent children with
 1126  services that are supported by research or that are recognized
 1127  as best practices in the child welfare field. The agency shall
 1128  give priority to the use of services that are evidence-based and
 1129  trauma-informed and may also provide other innovative services,
 1130  including, but not limited to, family-centered and cognitive
 1131  behavioral interventions designed to mitigate out-of-home
 1132  placements.
 1133         2. A lead agency must ensure the availability of a full
 1134  array of services to address the complex needs of all children,
 1135  adolescents, parents, and caregivers served within its local
 1136  system of care and that sufficient flexibility exists within the
 1137  service array to adequately match services to the unique
 1138  characteristics of families served, including the ages of the
 1139  children, cultural considerations, and parental choice.
 1140         3. The department shall annually complete an evaluation of
 1141  the adequacy of the lead agencies service array, their use of
 1142  trauma-informed and evidence-based programming, and the impact
 1143  of available services on outcomes for the children served by the
 1144  lead agencies and any subcontracted providers of lead agencies.
 1145  The evaluation report shall be submitted to the Governor, the
 1146  President of the Senate, and the Speaker of the House of
 1147  Representatives by October 1 of each year.
 1148         (b) Intervention services.
 1149         1. Intervention services and supports shall be made
 1150  available to a child and the parent of a child who is unsafe but
 1151  can, with services, remain in his or her home or to a child who
 1152  is placed in out-of-home care and the nonmaltreating parent or
 1153  relative or nonrelative caregivers with whom an unsafe child is
 1154  placed. Intervention services and supports must include:
 1155         a. Safety management services provided to an unsafe child
 1156  as part of a safety plan that immediately and actively protects
 1157  the child from dangerous threats if the parent or other
 1158  caregiver cannot protect the child, including, but not limited
 1159  to, behavior management, crisis management, social connection,
 1160  resource support, and separation;
 1161         b. Treatment services provided to a parent or caregiver
 1162  which are used to achieve a fundamental change in behavioral,
 1163  cognitive, and emotional functioning associated with the reason
 1164  that the child is unsafe, including, but not limited to,
 1165  parenting skills training, support groups, counseling, substance
 1166  abuse treatment, mental and behavioral health services,
 1167  certified domestic violence center services for survivors of
 1168  domestic violence and their children, and batterers’
 1169  intervention programs that comply with s. 741.325 and other
 1170  intervention services for perpetrators of domestic violence;
 1171         c. Child well-being services provided to an unsafe child
 1172  which address a child’s physical, emotional, developmental, and
 1173  educational needs, including, but not limited to, behavioral
 1174  health services, substance abuse treatment, tutoring,
 1175  counseling, and peer support; and
 1176         d. Services provided to nonmaltreating parents or relative
 1177  or nonrelative caregivers to stabilize the child’s placement,
 1178  including, but not limited to, transportation, clothing,
 1179  household goods, assistance with housing and utility payments,
 1180  child care, respite care, and assistance connecting families
 1181  with other community-based services.
 1182         2. A lead agency shall prepare a case plan for each child
 1183  and his or her family receiving services and support under this
 1184  section. The plan must identify the permanency goal for the
 1185  child and list the services and supports provided. Services must
 1186  be tied to the placement and permanency goal and must be
 1187  specified in advance of delivery. Priority must be given to
 1188  services that are evidence-based and trauma-informed.
 1189         3. By October 1, 2016, each community-based care lead
 1190  agency shall submit a monitoring plan to the department
 1191  describing how the lead agency will monitor and oversee the
 1192  safety of children who receive intervention services and
 1193  supports. The monitoring plan must include a description of
 1194  training and support for caseworkers handling intervention
 1195  cases, including how caseload size and type will be determined,
 1196  managed, and overseen.
 1197         4. Beginning October 1, 2016, each community-based care
 1198  lead agency shall collect and report annually to the department,
 1199  as part of the child welfare results-oriented accountability
 1200  program required under s. 409.997, the following with respect to
 1201  each child for whom, or on whose behalf, intervention services
 1202  and supports are provided:
 1203         a. The number of children and families served;
 1204         b. The specific services provided and the total
 1205  expenditures for each such service;
 1206         c. The child’s placement status at the beginning and at the
 1207  end of service provision; and
 1208         d. The child’s placement status 1 year after the end of
 1209  service provision.
 1210         5. Outcomes for this subsection shall be included in the
 1211  annual report required under s. 409.997.
 1212         6. The department shall use programmatic characteristics
 1213  and research and evaluation characteristics for well-supported,
 1214  promising, and emerging programs and practices to inventory
 1215  intervention services and supports by type and by lead agency.
 1216  The inventory shall be submitted to the Governor, the President
 1217  of the Senate, and the Speaker of the House of Representatives
 1218  by October 1 of each year.
 1219         7. The department may adopt rules to implement this
 1220  subsection.
 1221         Section 16. Section 409.996, Florida Statutes, is amended
 1222  to read:
 1223         409.996 Duties of the Department of Children and Families.
 1224  The department shall contract for the delivery, administration,
 1225  or management of care for children in the child protection and
 1226  child welfare system. In doing so, the department retains
 1227  responsibility to ensure for the quality of contracted services
 1228  and programs and shall ensure that an adequate array of services
 1229  are available to be delivered in accordance with applicable
 1230  federal and state statutes and regulations.
 1231         Section 17. Paragraph (s) of subsection (2) of section
 1232  39.202, Florida Statutes, is amended to read:
 1233         39.202 Confidentiality of reports and records in cases of
 1234  child abuse or neglect.—
 1235         (2) Except as provided in subsection (4), access to such
 1236  records, excluding the name of the reporter which shall be
 1237  released only as provided in subsection (5), shall be granted
 1238  only to the following persons, officials, and agencies:
 1239         (s) Persons with whom the department is seeking to place
 1240  the child or to whom placement has been granted, including
 1241  foster parents for whom an approved home study has been
 1242  conducted, the designee of a licensed residential child-caring
 1243  agency defined group home described in s. 409.175 s. 39.523, an
 1244  approved relative or nonrelative with whom a child is placed
 1245  pursuant to s. 39.402, preadoptive parents for whom a favorable
 1246  preliminary adoptive home study has been conducted, adoptive
 1247  parents, or an adoption entity acting on behalf of preadoptive
 1248  or adoptive parents.
 1249         Section 18. Paragraph (a) of subsection (2) of section
 1250  39.5085, Florida Statutes, is amended to read:
 1251         39.5085 Relative Caregiver Program.—
 1252         (2)(a) The Department of Children and Families shall
 1253  establish and operate the Relative Caregiver Program pursuant to
 1254  eligibility guidelines established in this section as further
 1255  implemented by rule of the department. The Relative Caregiver
 1256  Program shall, within the limits of available funding, provide
 1257  financial assistance to:
 1258         1. Relatives who are within the fifth degree by blood or
 1259  marriage to the parent or stepparent of a child and who are
 1260  caring full-time for that dependent child in the role of
 1261  substitute parent as a result of a court’s determination of
 1262  child abuse, neglect, or abandonment and subsequent placement
 1263  with the relative under this chapter.
 1264         2. Relatives who are within the fifth degree by blood or
 1265  marriage to the parent or stepparent of a child and who are
 1266  caring full-time for that dependent child, and a dependent half
 1267  brother or half-sister of that dependent child, in the role of
 1268  substitute parent as a result of a court’s determination of
 1269  child abuse, neglect, or abandonment and subsequent placement
 1270  with the relative under this chapter.
 1271         3. Nonrelatives who are willing to assume custody and care
 1272  of a dependent child in the role of substitute parent as a
 1273  result of a court’s determination of child abuse, neglect, or
 1274  abandonment and subsequent placement with the nonrelative
 1275  caregiver under this chapter. The court must find that a
 1276  proposed placement under this subparagraph is in the best
 1277  interest of the child.
 1279  The placement may be court-ordered temporary legal custody to
 1280  the relative or nonrelative under protective supervision of the
 1281  department pursuant to s. 39.521(1)(c)3. s. 39.521(1)(b)3., or
 1282  court-ordered placement in the home of a relative or nonrelative
 1283  as a permanency option under s. 39.6221 or s. 39.6231 or under
 1284  former s. 39.622 if the placement was made before July 1, 2006.
 1285  The Relative Caregiver Program shall offer financial assistance
 1286  to caregivers who would be unable to serve in that capacity
 1287  without the caregiver payment because of financial burden, thus
 1288  exposing the child to the trauma of placement in a shelter or in
 1289  foster care.
 1290         Section 19. Subsection (11) of section 1002.3305, Florida
 1291  Statutes, is amended to read:
 1292         1002.3305 College-Preparatory Boarding Academy Pilot
 1293  Program for at-risk students.—
 1294         (11) STUDENT HOUSING.—Notwithstanding s. 409.176 ss.
 1295  409.1677(3)(d) and 409.176 or any other provision of law, an
 1296  operator may house and educate dependent, at-risk youth in its
 1297  residential school for the purpose of facilitating the mission
 1298  of the program and encouraging innovative practices.
 1299         Section 20. Section 39.523, Florida Statutes, is repealed.
 1300         Section 21. Section 409.141, Florida Statutes, is repealed.
 1301         Section 22. Section 409.1676, Florida Statutes, is
 1302  repealed.
 1303         Section 23. Section 409.1677, Florida Statutes, is
 1304  repealed.
 1305         Section 24. Section 409.1679, Florida Statutes, is
 1306  repealed.
 1307         Section 25. This act shall take effect July 1, 2016.