Florida Senate - 2016                   (PROPOSED BILL) SPB 7018
       FOR CONSIDERATION By the Committee on Children, Families, and
       Elder Affairs
       586-00791-16                                          20167018pb
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.402,
    3         F.S.; revising information that the Department of
    4         Children and Families is required to inform the court
    5         of at shelter hearings; revising the written findings
    6         required to be included in an order for placement of a
    7         child in shelter care; amending s. 39.521, F.S.;
    8         revising the required information a court must include
    9         in its written orders of disposition; amending s.
   10         39.6011, F.S.; providing the purpose of a case plan;
   11         requiring a case plan to document that a preplacement
   12         plan has been provided and reasonable efforts to
   13         prevent out-of-home placement have been made; amending
   14         s. 39.6012, F.S.; requiring the case plan to be based
   15         upon a certain assessment; requiring the child to be
   16         involved in developing the case plan under certain
   17         circumstances; requiring the case plan to include a
   18         schedule of monthly, face-to-face meetings between the
   19         parents and case managers; specifying that a child who
   20         is 12 years of age or older shall be given the
   21         opportunity to review, sign, and receive a copy of the
   22         case plan; requiring the case plan to document
   23         additional information regarding the placement,
   24         permanency, and education of the child; requiring
   25         additional information relating to a parent’s
   26         visitation rights and obligations to be provided to
   27         the out-of-home caregiver; requiring the department
   28         and the community-based provider to assist the child
   29         in developing a transition plan after the child
   30         reaches a certain age; specifying certain information
   31         to be addressed in the transition plan; amending s.
   32         39.6035, F.S.; requiring court approval of a
   33         transition plan before the child’s 18th birthday;
   34         amending s. 39.621, F.S.; creating an exception to the
   35         order of preference for permanency goals under ch. 39,
   36         F.S., for maintaining and strengthening the placement;
   37         authorizing the new permanency goal to be used in
   38         specified circumstances; amending s. 39.701, F.S.;
   39         revising the information which must be included in a
   40         specified written report under certain circumstances;
   41         requiring a court to order the Department of Children
   42         and Families and the community-based care lead agency
   43         to file a written notification; creating s. 409.142,
   44         F.S.; providing legislative findings and intent;
   45         defining the term “intervention services and
   46         supports”; providing specified intervention services
   47         and supports; providing eligibility for services and
   48         supports; providing requirements for the provision of
   49         services and supports; requiring each community-based
   50         care lead agency to submit a plan to the department by
   51         a certain date; requiring each community-based care
   52         lead agency to annually collect and submit a report to
   53         include specified information for each child to whom
   54         intervention services and supports are provided;
   55         requiring the department to adopt rules; creating s.
   56         409.143, F.S.; providing legislative findings and
   57         intent; defining terms; requiring an initial placement
   58         assessment for certain children under specified
   59         circumstances; requiring every child placed in out-of
   60         home care to be referred within a certain time for a
   61         comprehensive behavioral health assessment; requiring
   62         the department or the community-based care lead agency
   63         to establish special permanency teams to overcome
   64         difficulties with adjustment of children to home
   65         placement; requiring the department to submit a report
   66         annually to the Governor and the Legislature on the
   67         placement of children in licensed out-of-home care;
   68         creating s. 409.144, F.S.; providing legislative
   69         findings and intent; defining terms; requiring the
   70         department to develop a continuum of care for the
   71         placement of children in care settings; requiring the
   72         department to submit a report annually to the Governor
   73         and the Legislature on the continuum of care;
   74         requiring the department to adopt rules; amending s.
   75         409.1451, F.S.; requiring that the child was living in
   76         licensed care on or after his or her 18th birthday as
   77         a condition for receipt of aftercare services;
   78         requiring the department to provide education training
   79         vouchers; providing eligibility requirements;
   80         prohibiting vouchers from exceeding a certain amount;
   81         providing rulemaking authority; amending s. 409.988,
   82         F.S.; requiring lead agencies to ensure the
   83         availability of a full array of family support
   84         services; requiring the department to submit a report
   85         annually to the Governor and Legislature on the
   86         availability of family support services; amending ss.
   87         39.202 and 1002.3305, F.S.; conforming cross
   88         references; revising the designation of an agency with
   89         access to records; repealing s. 39.523, F.S., relating
   90         to the placement of children in residential group
   91         care; repealing s. 409.141, F.S., relating to
   92         equitable reimbursement methodology; repealing s.
   93         409.1676, F.S., relating to comprehensive residential
   94         group care services to children who have extraordinary
   95         needs; repealing s. 409.1677, F.S., relating to model
   96         comprehensive residential services programs; repealing
   97         s. 409.1679, F.S., relating to additional requirements
   98         and reimbursement methodology; providing an effective
   99         date.
  101  Be It Enacted by the Legislature of the State of Florida:
  103         Section 1. Paragraphs (f) and (h) of subsection (8) of
  104  section 39.402, Florida Statutes, are amended to read:
  105         39.402 Placement in a shelter.—
  106         (8)
  107         (f) At the shelter hearing, the department shall inform the
  108  court of:
  109         1. Any identified current or previous case plans negotiated
  110  under this chapter in any judicial circuit district with the
  111  parents or caregivers under this chapter and problems associated
  112  with compliance;
  113         2. Any adjudication of the parents or caregivers of
  114  delinquency;
  115         3. Any past or current injunction for protection from
  116  domestic violence; and
  117         4. All of the child’s places of residence during the prior
  118  12 months.
  119         (h) The order for placement of a child in shelter care must
  120  identify the parties present at the hearing and must contain
  121  written findings:
  122         1. That placement in shelter care is necessary based on the
  123  criteria in subsections (1) and (2).
  124         2. That placement in shelter care is in the best interest
  125  of the child.
  126         3. That the placement proposed by the department is in the
  127  least restrictive and most family-like setting that meets the
  128  needs of the child, unless it is otherwise documented that the
  129  identified type of placement needed is not available.
  130         4.3. That continuation of the child in the home is contrary
  131  to the welfare of the child because the home situation presents
  132  a substantial and immediate danger to the child’s physical,
  133  mental, or emotional health or safety which cannot be mitigated
  134  by the provision of preventive services.
  135         5.4. That based upon the allegations of the petition for
  136  placement in shelter care, there is probable cause to believe
  137  that the child is dependent or that the court needs additional
  138  time, which may not exceed 72 hours, in which to obtain and
  139  review documents pertaining to the family in order to
  140  appropriately determine the risk to the child.
  141         6.5. That the department has made reasonable efforts to
  142  prevent or eliminate the need for removal of the child from the
  143  home. A finding of reasonable effort by the department to
  144  prevent or eliminate the need for removal may be made and the
  145  department is deemed to have made reasonable efforts to prevent
  146  or eliminate the need for removal if:
  147         a. The first contact of the department with the family
  148  occurs during an emergency;
  149         b. The appraisal of the home situation by the department
  150  indicates that the home situation presents a substantial and
  151  immediate danger to the child’s physical, mental, or emotional
  152  health or safety which cannot be mitigated by the provision of
  153  preventive services;
  154         c. The child cannot safely remain at home, either because
  155  there are no preventive services that can ensure the health and
  156  safety of the child or because, even with appropriate and
  157  available services being provided, the health and safety of the
  158  child cannot be ensured; or
  159         d. The parent or legal custodian is alleged to have
  160  committed any of the acts listed as grounds for expedited
  161  termination of parental rights in s. 39.806(1)(f)-(i).
  162         7.6. That the department has made reasonable efforts to
  163  keep siblings together if they are removed and placed in out-of
  164  home care unless such placement is not in the best interest of
  165  each child. It is preferred that siblings be kept together in a
  166  foster home, if available. Other reasonable efforts shall
  167  include short-term placement in a group home with the ability to
  168  accommodate sibling groups if such a placement is available. The
  169  department shall report to the court its efforts to place
  170  siblings together unless the court finds that such placement is
  171  not in the best interest of a child or his or her sibling.
  172         8.7. That the court notified the parents, relatives that
  173  are providing out-of-home care for the child, or legal
  174  custodians of the time, date, and location of the next
  175  dependency hearing and of the importance of the active
  176  participation of the parents, relatives that are providing out
  177  of-home care for the child, or legal custodians in all
  178  proceedings and hearings.
  179         9.8. That the court notified the parents or legal
  180  custodians of their right to counsel to represent them at the
  181  shelter hearing and at each subsequent hearing or proceeding,
  182  and the right of the parents to appointed counsel, pursuant to
  183  the procedures set forth in s. 39.013.
  184         10.9. That the court notified relatives who are providing
  185  out-of-home care for a child as a result of the shelter petition
  186  being granted that they have the right to attend all subsequent
  187  hearings, to submit reports to the court, and to speak to the
  188  court regarding the child, if they so desire.
  189         Section 2. Paragraph (d) of subsection (1) of section
  190  39.521, Florida Statutes, is amended to read:
  191         39.521 Disposition hearings; powers of disposition.—
  192         (1) A disposition hearing shall be conducted by the court,
  193  if the court finds that the facts alleged in the petition for
  194  dependency were proven in the adjudicatory hearing, or if the
  195  parents or legal custodians have consented to the finding of
  196  dependency or admitted the allegations in the petition, have
  197  failed to appear for the arraignment hearing after proper
  198  notice, or have not been located despite a diligent search
  199  having been conducted.
  200         (d) The court shall, in its written order of disposition,
  201  include all of the following:
  202         1. The placement or custody of the child, including whether
  203  the placement is in the least restrictive and most family-like
  204  setting that meets the needs of the child, as determined by
  205  assessments completed pursuant to s. 409.143.
  206         2. Special conditions of placement and visitation.
  207         3. Evaluation, counseling, treatment activities, and other
  208  actions to be taken by the parties, if ordered.
  209         4. The persons or entities responsible for supervising or
  210  monitoring services to the child and parent.
  211         5. Continuation or discharge of the guardian ad litem, as
  212  appropriate.
  213         6. The date, time, and location of the next scheduled
  214  review hearing, which must occur within the earlier of:
  215         a. Ninety days after the disposition hearing;
  216         b. Ninety days after the court accepts the case plan;
  217         c. Six months after the date of the last review hearing; or
  218         d. Six months after the date of the child’s removal from
  219  his or her home, if no review hearing has been held since the
  220  child’s removal from the home.
  221         7. If the child is in an out-of-home placement, child
  222  support to be paid by the parents, or the guardian of the
  223  child’s estate if possessed of assets which under law may be
  224  disbursed for the care, support, and maintenance of the child.
  225  The court may exercise jurisdiction over all child support
  226  matters, shall adjudicate the financial obligation, including
  227  health insurance, of the child’s parents or guardian, and shall
  228  enforce the financial obligation as provided in chapter 61. The
  229  state’s child support enforcement agency shall enforce child
  230  support orders under this section in the same manner as child
  231  support orders under chapter 61. Placement of the child shall
  232  not be contingent upon issuance of a support order.
  233         8.a. If the court does not commit the child to the
  234  temporary legal custody of an adult relative, legal custodian,
  235  or other adult approved by the court, the disposition order
  236  shall include the reasons for such a decision and shall include
  237  a determination as to whether diligent efforts were made by the
  238  department to locate an adult relative, legal custodian, or
  239  other adult willing to care for the child in order to present
  240  that placement option to the court instead of placement with the
  241  department.
  242         b. If no suitable relative is found and the child is placed
  243  with the department or a legal custodian or other adult approved
  244  by the court, both the department and the court shall consider
  245  transferring temporary legal custody to an adult relative
  246  approved by the court at a later date, but neither the
  247  department nor the court is obligated to so place the child if
  248  it is in the child’s best interest to remain in the current
  249  placement.
  251  For the purposes of this section, “diligent efforts to locate an
  252  adult relative” means a search similar to the diligent search
  253  for a parent, but without the continuing obligation to search
  254  after an initial adequate search is completed.
  255         9. Other requirements necessary to protect the health,
  256  safety, and well-being of the child, to preserve the stability
  257  of the child’s educational placement, and to promote family
  258  preservation or reunification whenever possible.
  259         Section 3. Section 39.6011, Florida Statutes, is amended to
  260  read:
  261         (Substantial rewording of section. See
  262         s. 39.6011, F.S., for present text.)
  263         39.6011 Case plan purpose; requirements; procedures.—
  264         (1) PURPOSE.—The purpose of the case plan is to promote and
  265  facilitate change in parental behavior and to address the
  266  treatment and long-term well-being of children receiving
  267  services under this chapter.
  268         (2)GENERAL REQUIREMENTS.—The department shall draft a case
  269  plan for each child receiving services under this chapter. The
  270  case plan must:
  271         (a) Document that a preplacement assessment of the service
  272  needs of the child and family, and preplacement preventive
  273  services, if appropriate, have been provided pursuant to s.
  274  409.142, and that reasonable efforts to prevent out-of-home
  275  placement have been made.
  276         (b)Be developed in a face-to-face conference with the
  277  parent of the child, any court-appointed guardian ad litem, and,
  278  if appropriate, the child and the temporary custodian of the
  279  child. The parent may receive assistance from any person or
  280  social service agency in preparing the case plan. The social
  281  service agency, the department, and the court, when applicable,
  282  shall inform the parent of the right to receive such assistance,
  283  including the right to assistance of counsel.
  284         (c)Be written simply and clearly in English and, if
  285  English is not the principal language of the child’s parent, in
  286  the parent’s principal language, to the extent practicable.
  287         (d)Describe a process for making available to all physical
  288  custodians and family services counselors the information
  289  required by s. 39.6012(2) and for ensuring that this information
  290  follows the child until permanency has been achieved.
  291         (e)Specify the period of time for which the case plan is
  292  applicable, which must be as short a period as possible for the
  293  parent to comply with the terms of the plan. The case plan’s
  294  compliance period expires no later than 12 months after the date
  295  the child was initially removed from the home, the date the
  296  child was adjudicated dependent, or the date the case plan was
  297  accepted by the court, whichever occurs first.
  298         (f)Be signed by all of the parties, except that the
  299  signature of a child may be waived if the child is not of an age
  300  or capacity to participate in the case-planning process. Signing
  301  the case plan constitutes an acknowledgment by each of the
  302  parties that they have been involved in the development of the
  303  case plan and that they are in agreement as to the terms and
  304  conditions contained in the case plan. The refusal of a parent
  305  to sign the case plan does not preclude the court’s acceptance
  306  of the case plan if it is otherwise acceptable to the court. The
  307  parent’s signing of the case plan does not constitute 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. The department shall explain the
  311  provisions of the case plan to all persons involved in its
  312  implementation, including, when appropriate, the child, before
  313  the signing of the plan.
  315  If the parent’s substantial compliance with the case plan
  316  requires the department to provide services to the parent or the
  317  child and the parent agrees to begin compliance with the case
  318  plan before it is accepted by the court, the department shall
  319  make appropriate referrals for services which will allow the
  320  parents to immediately begin the agreed-upon tasks and services.
  321         (3)NOTICE TO PARENTS.—The case plan must document that
  322  each parent has been advised of the following by written notice:
  323         (a)That he or she may not be coerced or threatened with
  324  the loss of custody or parental rights for failing to admit the
  325  abuse, neglect, or abandonment of the child in the case plan.
  326  Participation in the development of a case plan is not an
  327  admission to any allegation of abuse, abandonment, or neglect,
  328  and does not constitute consent to a finding of dependency or
  329  termination of parental rights.
  330         (b)That the department must document a parent’s
  331  unwillingness or inability to participate in developing a case
  332  plan and must provide such documentation in writing to the
  333  parent when it becomes available for the court record. In such
  334  event, the department will prepare a case plan that, to the
  335  extent possible, conforms with the requirements of this section.
  336  The parent must also be advised that his or her unwillingness or
  337  inability to participate in developing a case plan does not
  338  preclude the filing of a petition for dependency or for
  339  termination of parental rights. If the parent is available, the
  340  department shall provide a copy of the case plan to the parent
  341  and advise him or her that, at any time before the filing of a
  342  petition for termination of parental rights, he or she may enter
  343  into a case plan and that he or she may request judicial review
  344  of any provision of the case plan with which he or she disagrees
  345  at any court hearing set for the child.
  346         (c)That his or her failure to substantially comply with
  347  the case plan may result in the termination of parental rights,
  348  and that a material breach of the case plan may result in the
  349  filing of a petition for termination of parental rights before
  350  the scheduled completion date.
  351         (4)DISTRIBUTION AND FILING WITH THE COURT.—The department
  352  shall adhere to the following procedural requirements in
  353  developing and distributing a case plan:
  354         (a)After the case plan has been agreed upon and signed by
  355  the parties, a copy of the case plan must immediately be given
  356  to the parties, including the child if appropriate, and to other
  357  persons as directed by the court.
  358         (b)In each case in which a child has been placed in out
  359  of-home care, a case plan must be prepared within 60 days after
  360  the department removes the child from the home and must be
  361  submitted to the court for review and approval before the
  362  disposition hearing.
  363         (c)After jurisdiction attaches, all case plans must be
  364  filed with the court, and a copy provided to all of the parties
  365  whose whereabouts are known, including the child if appropriate,
  366  not less than 3 business days before the disposition hearing.
  367  The department shall file with the court, and provide copies of
  368  such to all of the parties, all case plans prepared before
  369  jurisdiction of the court attached.
  370         (d)A case plan must be prepared, but need not be submitted
  371  to the court, for a child who will be in care for 30 days or
  372  less unless that child is placed in out-of-home care for a
  373  second time within a 12-month period.
  374         Section 4. Section 39.6012, Florida Statutes, is amended to
  375  read:
  376         (Substantial rewording of section. See
  377         s. 39.6012, F.S., for present text.)
  378         39.6012 Services and parental tasks under the case plan;
  379  safety, permanency, and well-being of the child.—The case plan
  380  must include a description of the identified problem that is
  381  being addressed, including the parent’s behavior or acts that
  382  have resulted in a threat to the safety of the child and the
  383  reason for the department’s intervention. The case plan must be
  384  designed to improve conditions in the child’s home to facilitate
  385  the child’s safe return and ensure proper care of the child, or
  386  to facilitate the child’s permanent placement. The services
  387  offered must be as unobtrusive as possible in the lives of the
  388  parent and the child, must focus on clearly defined objectives,
  389  and must provide the most timely and efficient path to
  390  reunification or permanent placement, given the circumstances of
  391  the case and the child’s need for safe and proper care.
  392         (1)CASE PLAN SERVICES AND TASKS.The case plan must be
  393  based upon an assessment of the circumstances that required
  394  intervention by the child welfare system. The case plan must
  395  describe the role of the foster parents or legal custodians
  396  which must be developed in conjunction with the determination of
  397  the services that are to be provided under the case plan to the
  398  child, foster parents, or legal custodians. The child must be
  399  involved in developing the case plan as is age and
  400  developmentally appropriate.
  401         (a)Itemization in the case plan.The case plan must
  402  describe each of the tasks which the parent must complete and
  403  the services that will be provided to the parent, in the context
  404  of the identified problem, including:
  405         1.The type of services or treatment which will be
  406  provided.
  407         2.If the service is being provided by the department or
  408  its agent, the date the department will provide each service or
  409  referral for service.
  410         3.The date by which the parent must complete each task.
  411         4.The frequency of services or treatment to be provided,
  412  which shall be determined by the professionals providing the
  413  services and may be adjusted as needed based on the best
  414  professional judgment of the provider.
  415         5.The location of the delivery of the services.
  416         6.Identification of the staff of the department or the
  417  service provider who are responsible for the delivery of
  418  services or treatment.
  419         7.A description of measurable outcomes, including the
  420  timeframes specified for achieving the objectives of the case
  421  plan and addressing the identified problem.
  422         (b)Meetings with case manager.The case plan must include
  423  a schedule of the minimum number of face-to-face meetings to be
  424  held each month between the parent and the case manager to
  425  review the progress of the case plan, eliminate barriers to
  426  completion of the plan, and resolve conflicts or disagreements.
  427         (c)Request for notification from relative.—The case
  428  manager shall advise the attorney for the department of a
  429  relative’s request to receive notification of proceedings and
  430  hearings submitted pursuant to s. 39.301(14)(b).
  431         (d)Financial support.The case plan must specify the
  432  parent’s responsibility for the financial support of the child,
  433  including, but not limited to, health insurance and child
  434  support. The case plan must list the costs associated with any
  435  services or treatment that the parent and child are expected to
  436  receive which are the financial responsibility of the parent.
  437  The determination of child support and other financial support
  438  must be made independently of any determination of dependency
  439  under s. 39.013.
  441  case plan must include all available information that is
  442  relevant to the child’s care, including a detailed description
  443  of the identified needs of the child while in care and a
  444  description of the plan for ensuring that the child receives
  445  safe and proper care that is appropriate to his or her needs. A
  446  child must be given a meaningful opportunity to participate in
  447  the development of the case plan and state his or her preference
  448  for foster care placement. A child who is 12 years of age or
  449  older and in a permanent placement must also be given the
  450  opportunity to review the case plan, sign the case plan, and
  451  receive a copy of the case plan.
  452         (a) Placement.—To comply with federal law, the department
  453  must ensure that the placement of a child in foster care be in
  454  the least restrictive, most family-like environment; must review
  455  the family assessment, safety plan, and case plan for the child
  456  to assess the necessity for and the appropriateness of the
  457  placement; must assess the progress that has been made toward
  458  case plan outcomes; and must project a likely date by which the
  459  child can be safely reunified or placed for adoption or legal
  460  guardianship. The family assessment must indicate the type of
  461  placement to which the child has been assigned and must document
  462  the following:
  463         1. That the child has undergone the placement assessments
  464  required pursuant to s. 409.143.
  465         2. That the child has been placed in the least restrictive
  466  and most family-like setting available consistent with the best
  467  interest and special needs of the child, and in as close
  468  proximity as possible to the child’s home.
  469         3. If the child is placed in a setting that is more
  470  restrictive than recommended by the placement assessments or is
  471  placed a substantial distance from the child’s home, the reasons
  472  why the placement is necessary and in the best interest of the
  473  child and the steps required to place the child in the placement
  474  recommended by the assessment.
  475         4. If residential group care is recommended for the child,
  476  the needs of the child that necessitate such placement, the plan
  477  for transitioning the child to a family setting, and the
  478  projected timeline for the child’s transition to a less
  479  restrictive environment. If the child is placed in residential
  480  group care, his or her case plan shall be reviewed and updated
  481  within 90 days after the child’s admission to the residential
  482  group care facility and at least every 60 days thereafter.
  483         (b) Permanency.—If reunifying a child with his or her
  484  family is not possible, the department shall make every effort
  485  to provide other forms of permanency, such as adoption or
  486  guardianship. If a child is placed in an out-of-home placement,
  487  the case plan, in addition to any other requirements imposed by
  488  law or department rule, must include:
  489         1. If concurrent planning is being used, a description of
  490  the permanency goal of reunification with the parent or legal
  491  custodian and a description of one of the remaining permanency
  492  goals defined in s. 39.01; or, if concurrent case planning is
  493  not being used, an explanation as to why it is not being used.
  494         2. If the case plan has as its goal the adoption of the
  495  child or his or her placement in another permanent home, a
  496  statement of the child’s wishes regarding his or her permanent
  497  placement plan and an assessment of those stated wishes. The
  498  case plan must also include documentation of the steps the
  499  agency is taking to find an adoptive family or other permanent
  500  living arrangements for the child; to place the child with an
  501  adoptive family, an appropriate and willing relative, or a legal
  502  guardian; and to finalize the adoption or legal guardianship. At
  503  a minimum, the documentation must include child-specific
  504  recruitment efforts, such as the use of state, regional, and
  505  national adoption exchanges, including electronic exchange
  506  systems, after he or she has become legally eligible for
  507  adoption.
  508         3. If the child has been in out-of-home care for at least
  509  12 months and the permanency goal is not adoptive placement, the
  510  documentation of the compelling reason for a finding that
  511  termination of parental rights is not in the child’s best
  512  interest.
  513         (c)Education.—A case plan must ensure the educational
  514  stability of the child while in foster care. To the extent
  515  available and accessible, the names and addresses of the child’s
  516  educational providers, a record of his or her grade level
  517  performance, and his or her school record must be attached to
  518  the case plan and updated throughout the judicial review
  519  process. The case plan must also include documentation that the
  520  placement:
  521         1.Takes into account the appropriateness of the current
  522  educational setting and the proximity to the school in which the
  523  child is enrolled at the time of placement.
  524         2.Has been coordinated with appropriate local educational
  525  agencies to ensure that the child remains in the school in which
  526  the child is enrolled at the time of placement, or, if remaining
  527  in that school is not in the best interest of the child,
  528  assurances by the department and the local education agency to
  529  provide immediate and appropriate enrollment in a new school and
  530  to provide all of the child’s educational records to the new
  531  school.
  532         (d)Health care.—To the extent that they are available and
  533  accessible, the names and addresses of the child’s health and
  534  mental health providers, a record of the child’s immunizations,
  535  the child’s known medical history, including any known health
  536  issues, the child’s medications, and any other relevant health
  537  and mental health information must be attached to the case plan
  538  and updated throughout the judicial review process.
  539         (e)Contact with family.—When out-of-home placement is
  540  made, the case plan must include provisions for the development
  541  and maintenance of sibling relationships and visitation, if the
  542  child has siblings and is separated from them, and a description
  543  of the parent’s visitation rights and obligations. As soon as
  544  possible after a court order is entered the following must be
  545  provided to the child’s out-of-home caregiver:
  546         1.Information regarding any court-ordered visitation
  547  between the child and the parents, and the terms and conditions
  548  necessary to facilitate such visits and protect the safety of
  549  the child.
  550         2.Information regarding the schedule and frequency of the
  551  visits between the child and his or her siblings, as well as any
  552  court-ordered terms and conditions necessary to facilitate the
  553  visits and protect the safety of the child.
  554         (f)Independent living.—
  555         1.When appropriate, the case plan for a child who is 13
  556  years of age or older, must include a written description of the
  557  programs and services that will assist the child, consistent
  558  with his or her best interests, in preparing for the transition
  559  from foster care to independent living. The case plan must be
  560  developed with the child and individuals identified as important
  561  to the child, and must include the steps the agency is taking to
  562  ensure that the child has a connection to a caring adult.
  563         2.During the 180-day period after a child reaches 17 years
  564  of age, the department and the community-based care provider, in
  565  collaboration with the caregiver and any other individual whom
  566  the child would like to include, shall assist the child in
  567  developing a transition plan pursuant to s. 39.6035, which is in
  568  addition to standard case management requirements. The
  569  transition plan must address specific options that the child may
  570  use in obtaining services, including housing, health insurance,
  571  education, and workforce support and employment services. The
  572  transition plan must also consider establishing and maintaining
  573  naturally occurring mentoring relationships and other personal
  574  support services. The transition plan may be as detailed as the
  575  child chooses and must be attached to the case plan and updated
  576  before each judicial review.
  577         Section 5. Subsection (4) of section 39.6035, Florida
  578  Statutes, is amended to read:
  579         39.6035 Transition plan.—
  580         (4) If a child is planning to leave care upon reaching 18
  581  years of age, The transition plan must be approved by the court
  582  before the child’s 18th birthday child leaves care and the court
  583  terminates jurisdiction.
  584         Section 6. Subsection (2) of section 39.621, Florida
  585  Statutes, is amended, present subsections (3) through (11) of
  586  that section are redesignated as subsections (4) through (12),
  587  respectively, and new subsection (3) is added to that section,
  588  to read:
  589         39.621 Permanency determination by the court.—
  590         (2) Except as provided in subsection (3), the permanency
  591  goals available under this chapter, listed in order of
  592  preference, are:
  593         (a) Reunification;
  594         (b) Adoption, if a petition for termination of parental
  595  rights has been or will be filed;
  596         (c) Permanent guardianship of a dependent child under s.
  597  39.6221; or
  598         (d) Permanent placement with a fit and willing relative
  599  under s. 39.6231; or
  600         (d)(e) Placement in another planned permanent living
  601  arrangement under s. 39.6241.
  602         (3)The permanency goal of maintaining and strengthening
  603  the placement with a parent may be used in the following
  604  circumstances:
  605         (a) If a child has not been removed from a parent but is
  606  found to be dependent, even if adjudication of dependency is
  607  withheld, the court may leave the child in the current placement
  608  with maintaining and strengthening the placement as a permanency
  609  option.
  610         (b) If a child has been removed from a parent and is placed
  611  with the parent from whom the child was not removed, the court
  612  may leave the child in the placement with the parent from whom
  613  the child was not removed with maintaining and strengthening the
  614  placement as a permanency option.
  615         (c) If a child has been removed from a parent and is
  616  subsequently reunified with that parent, the court may leave the
  617  child with that parent with maintaining and strengthening the
  618  placement as a permanency option.
  619         Section 7. Paragraphs (a) and (d) of subsection (2) of
  620  section 39.701, Florida Statutes, are amended to read:
  621         39.701 Judicial review.—
  623  AGE.—
  624         (a) Social study report for judicial review.—Before every
  625  judicial review hearing or citizen review panel hearing, the
  626  social service agency shall make an investigation and social
  627  study concerning all pertinent details relating to the child and
  628  shall furnish to the court or citizen review panel a written
  629  report that includes, but is not limited to:
  630         1. A description of the type of placement the child is in
  631  at the time of the hearing, including the safety of the child,
  632  and the continuing necessity for and appropriateness of the
  633  placement, and that the placement is in the least restrictive
  634  and most family-like setting that meets the needs of the child
  635  as determined by the assessment completed pursuant to s.
  636  409.143.
  637         2. Documentation of the diligent efforts made by all
  638  parties to the case plan to comply with each applicable
  639  provision of the case plan.
  640         3. The amount of fees assessed and collected during the
  641  period of time being reported.
  642         4. The services provided to the foster family or legal
  643  custodian in an effort to address the needs of the child as
  644  indicated in the case plan.
  645         5. A statement that either:
  646         a. The parent, though able to do so, did not comply
  647  substantially with the case plan, and the agency
  648  recommendations;
  649         b. The parent did substantially comply with the case plan;
  650  or
  651         c. The parent has partially complied with the case plan,
  652  with a summary of additional progress needed and the agency
  653  recommendations.
  654         6. A statement from the foster parent or legal custodian
  655  providing any material evidence concerning the return of the
  656  child to the parent or parents.
  657         7. A statement concerning the frequency, duration, and
  658  results of the parent-child visitation, if any, and the agency
  659  recommendations for an expansion or restriction of future
  660  visitation.
  661         8. The number of times a child has been removed from his or
  662  her home and placed elsewhere, the number and types of
  663  placements that have occurred, and the reason for the changes in
  664  placement.
  665         9. The number of times a child’s educational placement has
  666  been changed, the number and types of educational placements
  667  which have occurred, and the reason for any change in placement.
  668         10. If the child has reached 13 years of age but is not yet
  669  18 years of age, a statement from the caregiver on the progress
  670  the child has made in acquiring independent living skills.
  671         11. Copies of all medical, psychological, and educational
  672  records that support the terms of the case plan and that have
  673  been produced concerning the parents or any caregiver since the
  674  last judicial review hearing.
  675         12. Copies of the child’s current health, mental health,
  676  and education records as identified in s. 39.6012.
  677         (d) Orders.—
  678         1. Based upon the criteria set forth in paragraph (c) and
  679  the recommended order of the citizen review panel, if any, the
  680  court shall determine whether or not the social service agency
  681  shall initiate proceedings to have a child declared a dependent
  682  child, return the child to the parent, continue the child in
  683  out-of-home care for a specified period of time, or initiate
  684  termination of parental rights proceedings for subsequent
  685  placement in an adoptive home. Amendments to the case plan must
  686  be prepared as prescribed in s. 39.6013. If the court finds that
  687  the conditions for return have been met and prevention or
  688  reunification efforts of the department will allow the child to
  689  remain safely at home or be safely returned to the home with an
  690  in-home safety plan, the court shall allow the child to remain
  691  in or return to the home after making a specific finding of fact
  692  that the reasons for the out-of-home safety creation of the case
  693  plan have been remedied to the extent that the child’s safety,
  694  well-being, and physical, mental, and emotional health can be
  695  ensured with an in-home safety plan and appropriate in-home
  696  safety services while the parent continues to work toward case
  697  outcomes will not be endangered.
  698         2. The court shall return the child to the custody of the
  699  parents with an in-home safety plan at any time it determines
  700  that they have met conditions for return substantially complied
  701  with the case plan, and if the court is satisfied that
  702  reunification will not be detrimental to the child’s safety,
  703  well-being, and physical, mental, and emotional health.
  704         3. If, in the opinion of the court, the social service
  705  agency has not complied with its obligations as specified in the
  706  written case plan, the court may find the social service agency
  707  in contempt, shall order the social service agency to submit its
  708  plans for compliance with the agreement, and shall require the
  709  social service agency to show why the child could not safely be
  710  returned to the home of the parents.
  711         4. If possible, the court shall order the department and
  712  the community-based care lead agency to file a written
  713  notification before a child changes placements or living
  714  arrangements. If such notification is not possible before the
  715  change, the department and the community-based care lead agency
  716  must file a notification immediately following a change.
  717         5.4. If, at any judicial review, the court finds that the
  718  parents have failed to substantially comply with the case plan
  719  to the degree that further reunification efforts are without
  720  merit and not in the best interest of the child, on its own
  721  motion, the court may order the filing of a petition for
  722  termination of parental rights, whether or not the time period
  723  as contained in the case plan for substantial compliance has
  724  expired.
  725         6.5. Within 6 months after the date that the child was
  726  placed in shelter care, the court shall conduct a judicial
  727  review hearing to review the child’s permanency goal as
  728  identified in the case plan. At the hearing the court shall make
  729  findings regarding the likelihood of the child’s reunification
  730  with the parent or legal custodian within 12 months after the
  731  removal of the child from the home. If the court makes a written
  732  finding that it is not likely that the child will be reunified
  733  with the parent or legal custodian within 12 months after the
  734  child was removed from the home, the department must file with
  735  the court, and serve on all parties, a motion to amend the case
  736  plan under s. 39.6013 and declare that it will use concurrent
  737  planning for the case plan. The department must file the motion
  738  within 10 business days after receiving the written finding of
  739  the court. The department must attach the proposed amended case
  740  plan to the motion. If concurrent planning is already being
  741  used, the case plan must document the efforts the department is
  742  taking to complete the concurrent goal.
  743         7.6. The court may issue a protective order in assistance,
  744  or as a condition, of any other order made under this part. In
  745  addition to the requirements included in the case plan, the
  746  protective order may set forth requirements relating to
  747  reasonable conditions of behavior to be observed for a specified
  748  period of time by a person or agency who is before the court;
  749  and the order may require any person or agency to make periodic
  750  reports to the court containing such information as the court in
  751  its discretion may prescribe.
  752         Section 8. Section 409.142, Florida Statutes, is created to
  753  read:
  754         409.142 Intervention services for unsafe children.
  755         (1)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  756  that intervention services and supports are designed to
  757  strengthen and support families in order to keep them safely
  758  together and to prevent children from entering foster care.
  759  Therefore, it is the intent of the Legislature for the
  760  department to identify evidence-based intervention programs that
  761  remedy child abuse and neglect, reduce the likelihood of foster
  762  care placement by supporting parents and relative or nonrelative
  763  caregivers, increase family reunification with parents or other
  764  relatives, and promote placement stability for children living
  765  with relatives or nonrelative caregivers.
  766         (2) DEFINITION.—As used in this section the term
  767  “intervention services and supports” means assistance provided
  768  to a child or to the parents or relative and nonrelative
  769  caregivers of a child determined by a child protection
  770  investigation to be in present or impending danger.
  771         (3)SERVICES AND SUPPORTS.—Intervention services and
  772  supports that shall be made available to eligible individuals
  773  include, but are not limited to:
  774         (a) Safety management services provided to unsafe children
  775  which immediately and actively protect the child from dangerous
  776  threats if the parent or other caregiver cannot, as part of a
  777  safety plan.
  778         (b)Parenting skills training, including parent advocates,
  779  peer-to-peer mentoring, and support groups for parents and
  780  relative caregivers.
  781         (c)Individual, group, and family counseling, mentoring,
  782  and therapy.
  783         (d) Behavioral health care needs, domestic violence, and
  784  substance abuse services.
  785         (e)Crisis assistance or services to stabilize families in
  786  times of crisis or to facilitate relative placement, such as
  787  transportation, clothing, household goods, assistance with
  788  housing and utility payments, child care, respite care, and
  789  assistance connecting families with other community-based
  790  services.
  791         (4)ELIGIBILITY FOR SERVICES.—The following individuals are
  792  eligible for services and supports under this section:
  793         (a) A child who is unsafe but can remain safely at home or
  794  in a relative or nonrelative placement with receipt of specified
  795  services and supports.
  796         (b)A parent or relative caregiver of an unsafe child.
  797         (5)GENERAL REQUIREMENTS.—The community-based care lead
  798  agency shall prepare a case plan for each child and his or her
  799  family receiving services and support under this section which
  800  includes:
  801         (a)The safety services and supports necessary to prevent
  802  the child’s entry into foster care.
  803         (b) The services and supports that will enable the child to
  804  return home with an in-home safety plan.
  806         (a)By October 1, 2016, each community-based care lead
  807  agency shall submit a monitoring plan to the department
  808  describing how the lead agency will monitor and oversee the
  809  safety of children who receive intervention services and
  810  supports. The monitoring plan shall include a description of
  811  training and support for caseworkers handling intervention
  812  cases, including how caseload size and type will be determined,
  813  managed, and overseen.
  814         (b)Beginning October 1, 2016, each community-based care
  815  lead agency shall collect and report annually to the department,
  816  as part of the child welfare Results Oriented Accountability
  817  Program required under s. 409.997, the following with respect to
  818  each child for whom, or on whose behalf, intervention services
  819  and supports are provided during a 12-month period:
  820         1.The number of children and families served;
  821         2.The specific services provided and the total
  822  expenditures for each such service;
  823         3.The child’s placement status at the beginning and at the
  824  end of the period; and
  825         4.The child’s placement status 1 year after the end of the
  826  period.
  827         (c) Outcomes for this subsection shall be included in the
  828  annual report required under s. 409.997.
  829         (7)RULEMAKING.—The department shall adopt rules to
  830  administer this section.
  831         Section 9. Section 409.143, Florida Statutes, is created to
  832  read:
  833         409.143Assessment and determination of appropriate
  834  placement.—
  836         (a) The Legislature finds that it is a basic tenet of child
  837  welfare practice and the law that children be placed in the
  838  least restrictive, most family-like setting available in close
  839  proximity to the home of their parents, consistent with the best
  840  interests and needs of the child, and that children be placed in
  841  permanent homes in a timely manner.
  842         (b) The Legislature also finds that behavior problems can
  843  create difficulties in a child’s placement and ultimately lead
  844  to multiple placements, which have been linked to negative
  845  outcomes for children.
  846         (c) The Legislature further finds that given the harm
  847  associated with multiple placements, the ideal is connecting
  848  children to the most appropriate setting at the time they come
  849  into care.
  850         (d) Therefore, it is the intent of the Legislature that
  851  through the use of a standardized assessment process and the
  852  availability of an adequate array of appropriate placement
  853  options, that the first placement be the best placement for
  854  every child entering care.
  855         (2) DEFINITIONS.—As used in this section, the term:
  856         (a) “Comprehensive behavioral health assessment” means an
  857  in-depth and detailed assessment of the child’s emotional,
  858  social, behavioral, and developmental functioning within the
  859  family home, school, and community that must include direct
  860  observation of the child in the home, school, and community, as
  861  well as in the clinical setting.
  862         (b) “Level of care” means a tiered approach to the types of
  863  placement used and the acuity and intensity of intervention
  864  services provided to meet the severity of a dependent child’s
  865  specific physical, emotional, psychological, and social needs.
  867         (a) Each child that has been determined by the department,
  868  a sheriff’s office conducting protective investigations, or a
  869  community-based care provider to require an out-of-home
  870  placement must be assessed prior to placement selection to
  871  determine the best placement option to meet the child’s
  872  immediate and ongoing intervention and services and supports
  873  needs. The department shall develop and adopt by rule a
  874  preplacement assessment tool that must include an analysis of
  875  the child’s age, maturity level, known behavioral health
  876  diagnosis, behaviors, prior placement arrangements, physical and
  877  medical needs, and educational commitments.
  878         (b) If it is determined during the preplacement evaluation
  879  that a child may be suitable for residential treatment as
  880  defined in s. 39.407, the procedures in that section must be
  881  followed.
  882         (c) A decision to place a child in group care with a
  883  residential child care agency may not be made by any individual
  884  or entity who has an actual or perceived conflict of interest
  885  with any agency being considered for placement.
  886         (d) The department shall document initial placement
  887  assessments in the Florida Safe Families Network.
  889         (a)Each child placed in out-of-home care shall be referred
  890  by the department for a comprehensive behavioral health
  891  assessment. The comprehensive assessment is intended to support
  892  the family assessment, which will guide the case plan outcomes
  893  and treatment and well-being service provisions for a child in
  894  out-of-home care, in addition to providing information to help
  895  determine if the child’s initial placement was the most
  896  appropriate out-of-home care setting for the child.
  897         (b)The referral for the comprehensive behavioral health
  898  assessment shall be made within 7 calendars days of the child
  899  entering out-of-home care.
  900         (c)The comprehensive assessment will measure the strengths
  901  and needs of the child and the services and supports that are
  902  necessary to maintain the child in the least restrictive out-of
  903  home care setting. In developing the assessment, consideration
  904  must be given to:
  905         1.Current and historical information from any
  906  psychological testing or evaluation of the child;
  907         2.Current behaviors exhibited by the child which interfere
  908  with or limit the child’s role or ability to function in a less
  909  restrictive, family-like setting;
  910         3.Current and historical information from the guardian ad
  911  litem, if one has been appointed;
  912         4.Current and historical information from any current
  913  therapist, teacher, or other professional who has knowledge of
  914  the child or has worked with the child;
  915         5. Information related to the placement of any siblings of
  916  the child; and
  917         6.If the child has been moved more than once, the
  918  circumstances necessitating the moves and the recommendations of
  919  the former foster families or other caregivers, if available.
  920         (d)Completion of the comprehensive assessment must occur
  921  within 30 calendar days after the child entering out-of-home
  922  care.
  923         (e)The department must use the results of the
  924  comprehensive assessment and any additional information gathered
  925  to determine the child’s functioning level and the level of care
  926  needed for continued placement.
  927         (f)Upon receipt of a child’s completed comprehensive
  928  assessment, the child’s case manager will review the assessment,
  929  and document whether a less restrictive, more family-like
  930  setting for the child is recommended and available. The
  931  department must document determinations resulting from the
  932  comprehensive assessment in the Florida Safe Families Network to
  933  include identified needs of the child, specified services and
  934  supports to be provided by the out-of-home care placement
  935  setting to meet the needs of the child, and diligent efforts to
  936  transition the child to a less restrictive, family-like setting.
  937         (5) PERMANENCY TEAMS.—The department or community-based
  938  care lead agency that places children pursuant to this section
  939  shall establish special permanency teams dedicated to overcoming
  940  the permanency challenges occurring for children in out-of-home
  941  care. The special permanency team shall convene a
  942  multidisciplinary staffing every 180 calendar days, to coincide
  943  with the judicial review, to reassess the appropriateness of the
  944  child’s current placement. At a minimum, the staffing shall be
  945  attended by the community-based care lead agency, the caseworker
  946  for the child, out-of-home care provider, guardian ad litem, and
  947  any other agency or provider of services to the child. The
  948  multidisciplinary staffing shall consider, at a minimum, the
  949  current level of the child’s functioning, whether recommended
  950  services are being provided effectively, any services that would
  951  enable transition to a less restrictive family-like setting, and
  952  diligent search efforts to find other permanent living
  953  arrangements for the child.
  954         (6) ANNUAL REPORT.—By October 1 of each year, the
  955  department shall report to the Governor, President of the
  956  Senate, and Speaker of the House of Representatives on the
  957  placement of children in licensed out-of-home care, including
  958  family foster homes and residential group care, during the year.
  959  At a minimum, the report should include the number of children
  960  placed in family foster homes and residential group care, the
  961  number of children placed more than 50 miles from their parents,
  962  the number of children who had to change schools as a result of
  963  a placement decision; use of this form of placement on a local,
  964  regional, and statewide level; and the available services array
  965  to serve children in the least restrictive settings.
  966         Section 10. Section 409.144, Florida Statutes, is created
  967  to read:
  968         409.144 Continuum of care for children.—
  970         (a)The Legislature finds that permanency, well-being, and
  971  safety are critical goals for all children, especially for those
  972  in care, and that children in foster care or at risk of entering
  973  foster care are best supported through a continuum of care that
  974  provides appropriate ongoing services, supports and place to
  975  live from entry to exit.
  976         (b)The Legislature also finds that federal law requires
  977  that out-of-home placements for children are to be in the least
  978  restrictive, most family-like setting available that is in close
  979  proximity to the home of their parents and consistent with the
  980  best interests and needs of the child, and that children be
  981  transitioned from out-of-home care to a permanent home in a
  982  timely manner.
  983         (c)The Legislature further finds that permanency can be
  984  achieved through preservation of the family, reunification with
  985  the birth family, or through legal guardianship or adoption by
  986  relatives or other caring and committed adults. Planning for
  987  permanency should begin at entry into care and should be child
  988  driven, family-focused, culturally appropriate, continuous, and
  989  approached with the highest degree of urgency.
  990         (d)It is, therefore, the intent of the Legislature that
  991  the department and the larger child welfare community establish
  992  and maintain a continuum of care that affords every child the
  993  opportunity to benefit from the most appropriate and least
  994  restrictive interventions, both in or out of the home, while
  995  ensuring that well-being and safety are addressed.
  996         (2)DEFINITIONS.As used in this section, the term:
  997         (a)“Continuum of care” means the complete range of
  998  programs and services for children served by, or at risk of
  999  being served by, the dependency system.
 1000         (b)Family foster care” means a family foster home as
 1001  defined in s. 409.175.
 1002         (c)“Level of care” means a tiered approach to the type of
 1003  placements used and the acuity and intensity of intervention
 1004  services provided to meet the severity of a dependent child’s
 1005  specific physical, emotional, psychological, and social needs.
 1006         (d)“Out-of-home care” means the placement of a child in
 1007  licensed and nonlicensed settings, arranged and supervised by
 1008  the department or contracted service provider, outside the home
 1009  of the parent.
 1010         (e)“Residential group care” means a 24-hour, live-in
 1011  environment that provides supervision, care, and intervention
 1012  services to meet the physical, emotional, social, and life
 1013  skills needs of children served by the dependency system.
 1014  Intervention services may either be provided by residential
 1015  group care staff who are qualified to perform the needed
 1016  service, or a community-based service provider with clinical
 1017  expertise, credentials, and training to provide services to the
 1018  children being served.
 1019         (3) DEVELOPMENT OF CONTINUUM.—The department, in
 1020  collaboration with the Florida Institute for Child Welfare and
 1021  the Quality Parenting Initiative, shall develop a continuum of
 1022  care for the placement of children in care, including but not
 1023  limited to, both family foster care and residential group care.
 1024  To implement the continuum of care, the department must by
 1025  December 31, 2017:
 1026         1.Establish levels of care in the continuum that are
 1027  clearly and concisely defined with the qualifying criteria for
 1028  placement for each level identified.
 1029         2.Revise licensure standards and rules to reflect both the
 1030  supports and services provided by a placement at each level of
 1031  care as well as the complexity of the needs of the children
 1032  served. This must include attention to the need for a particular
 1033  category of provider in a community before licensure can be
 1034  considered; numbers and qualifications of staff that are
 1035  adequate to effectively serve children with the issues the
 1036  facility seeks to serve; and a well-defined process tied to
 1037  specific criteria that lead to licensure suspension or
 1038  revocation.
 1039         3.Develop policies and procedures necessary to ensure that
 1040  placement in any level of care is appropriate for each specific
 1041  child, is determined by the required assessments and staffings,
 1042  and lasts only as long as necessary to resolve the issue that
 1043  required the placement.
 1044         (4)REPORTING REQUIREMENT.—The department shall submit a
 1045  report to the Governor, the President of the Senate, and the
 1046  Speaker of the House of Representatives by October 1 of each
 1047  year, with the first report due October 1, 2016. At a minimum,
 1048  the report must include the following:
 1049         (a) An update on the development of the continuum of care
 1050  required by this section.
 1051         (b) An inventory of existing placements for children by
 1052  type and by community-based care lead agency.
 1053         (c) An inventory of existing services available by
 1054  community-based care lead agency and a plan for filling any
 1055  identified gap, as well as a determination of what services are
 1056  available that can be provided to children in family foster care
 1057  without having to move the child to a more restrictive
 1058  placement.
 1059         (d) The strategies being used by community-based care lead
 1060  agencies to recruit, train, and support an adequate number of
 1061  families to provide home-based family care.
 1062         (e) For every placement of a child made that is contrary to
 1063  an appropriate placement as determined by the assessment process
 1064  in s. 409.142, an explanation from the community-based care lead
 1065  agency as to why the placement was made.
 1066         (f) The strategies being used by the community-based care
 1067  lead agencies to reduce the high percentage of turnover in
 1068  caseworkers.
 1069         (g) A plan for oversight by the department over the
 1070  implementation of the continuum by the community-based care lead
 1071  agencies.
 1072         (5)RULEMAKING.—The department shall adopt rules to
 1073  implement this section.
 1074         Section 11. Subsection (3) of section 409.1451, Florida
 1075  Statutes, is amended, and a new subsection (11) is added to that
 1076  section, to read:
 1077         409.1451 The Road-to-Independence Program.—
 1078         (3) AFTERCARE SERVICES.—
 1079         (a) Aftercare services are available to a young adult who
 1080  was living in licensed care on his or her 18th birthday, who has
 1081  reached 18 years of age but is not yet 23 years of age, and is:
 1082         1. Not in foster care.
 1083         2. Temporarily not receiving financial assistance under
 1084  subsection (2) to pursue postsecondary education.
 1085         (11) EDUCATION TRAINING VOUCHERS.—The department shall make
 1086  available education training vouchers.
 1087         (a) A child or young adult is eligible for services and
 1088  support under this subsection if he or she is ineligible for
 1089  services under subsection (2) and:
 1090         1. Was living in licensed care on his or her 18th birthday,
 1091  is currently living in licensed care, or is at least 16 years of
 1092  age and has been adopted from foster care or placed with a
 1093  court-approved dependency guardian.
 1094         2. Has earned a standard high school diploma pursuant to s.
 1095  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
 1096  pursuant to former s. 1003.435, Florida Statutes.
 1097         3. Has been admitted for enrollment as a student in a
 1098  postsecondary educational institution.
 1099         4. Has made the initial application to participate prior to
 1100  age 21 and is not yet 23 years of age.
 1101         5. Has applied, with assistance from his or her caregiver
 1102  and the community-based lead agency, for any other grants and
 1103  scholarships for which he or she is qualified.
 1104         6. Has submitted a Free Application for Federal Student Aid
 1105  which is complete and error free.
 1106         7. Has signed an agreement to allow the department and the
 1107  community-based care lead agency access to school records.
 1108         8. Has maintained satisfactory academic progress as
 1109  determined by the postsecondary institution.
 1110         (b) The voucher provided for an individual under this
 1111  subsection may not exceed the lesser of $5,000 per year or the
 1112  total cost of attendance as defined in 42 U.S.C. s. 672.
 1113         (c) The department may adopt rules concerning the payment
 1114  of financial assistance that considers the applicant’s requests
 1115  concerning disbursement. The rules must include an appeals
 1116  process.
 1117         Section 12. Subsection (3) of section 409.988, Florida
 1118  Statutes, is amended to read:
 1119         409.988 Lead agency duties; general provisions.—
 1120         (3) SERVICES.—
 1121         (a) A lead agency must provide dependent children with
 1122  services that are supported by research or that are recognized
 1123  as best practices in the child welfare field. The agency shall
 1124  give priority to the use of services that are evidence-based and
 1125  trauma-informed and may also provide other innovative services,
 1126  including, but not limited to, family-centered and cognitive
 1127  behavioral interventions designed to mitigate out-of-home
 1128  placements.
 1129         (b) Lead agencies shall ensure the availability of a full
 1130  array of services, including family support and family
 1131  preservation services, which encompasses safety management
 1132  services, treatment services, and child well-being services to
 1133  address the complex needs of all children, including teens, and
 1134  caregivers served within their local system of care. Lead
 1135  agencies shall ensure that sufficient flexibility exists within
 1136  the service array to adequately match services to the unique
 1137  characteristics of families served, including ages of children,
 1138  cultural considerations, and parental choice.
 1139         (c) The department shall annually complete an evaluation of
 1140  the service array adequacies, engagement of trauma-informed and
 1141  evidenced-based programming, and the impact of available
 1142  services to the outcomes of children served by lead agencies and
 1143  subcontracted providers of lead agencies. The evaluation report
 1144  shall be submitted to the Governor, the President of the Senate,
 1145  and the Speaker of the House of Representatives by December 31
 1146  of each year.
 1147         Section 13. Paragraph (s) of subsection (2) of section
 1148  39.202, Florida Statutes, is amended to read:
 1149         39.202 Confidentiality of reports and records in cases of
 1150  child abuse or neglect.—
 1151         (2) Except as provided in subsection (4), access to such
 1152  records, excluding the name of the reporter which shall be
 1153  released only as provided in subsection (5), shall be granted
 1154  only to the following persons, officials, and agencies:
 1155         (s) Persons with whom the department is seeking to place
 1156  the child or to whom placement has been granted, including
 1157  foster parents for whom an approved home study has been
 1158  conducted, the designee of a licensed residential child caring
 1159  agency defined group home described in s. 409.175 s. 39.523, an
 1160  approved relative or nonrelative with whom a child is placed
 1161  pursuant to s. 39.402, preadoptive parents for whom a favorable
 1162  preliminary adoptive home study has been conducted, adoptive
 1163  parents, or an adoption entity acting on behalf of preadoptive
 1164  or adoptive parents.
 1165         Section 14. Subsection (11) of section 1002.3305, Florida
 1166  Statutes, is amended to read:
 1167         1002.3305 College-Preparatory Boarding Academy Pilot
 1168  Program for at-risk students.—
 1169         (11) STUDENT HOUSING.—Notwithstanding s. 409.176 ss.
 1170  409.1677(3)(d) and 409.176 or any other provision of law, an
 1171  operator may house and educate dependent, at-risk youth in its
 1172  residential school for the purpose of facilitating the mission
 1173  of the program and encouraging innovative practices.
 1174         Section 15. Section 39.523, Florida Statutes, is repealed.
 1175         Section 16. Section 409.141, Florida Statutes, is repealed.
 1176         Section 17. Section 409.1676, Florida Statutes, is
 1177  repealed.
 1178         Section 18. Section 409.1677, Florida Statutes, is
 1179  repealed.
 1180         Section 19. Section 409.1679, Florida Statutes, is
 1181  repealed.
 1182         Section 20. This act shall take effect July 1, 2016.