Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 200 Ì256730ÉÎ256730 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/03/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Passidomo) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 6 Section 1. Section 409.1761, Florida Statutes, is created 7 to read: 8 409.1761 Organizations providing temporary respite care for 9 children not in the child welfare system.— The Legislature finds 10 that in circumstances in which a parent of a minor child is 11 temporarily unable to provide care for the child, but does not 12 need the full support of the child welfare system, a less 13 intrusive alternative to supervision by the department or 14 involvement by the judiciary should be available. 15 (1) DEFINITIONS.—As used in this section, the term: 16 (a) “Qualified association” means an association that: 17 1. Publishes and requires compliance with its standards and 18 files copies thereof with the department as provided in s. 19 409.176(5)(b); and 20 2. Establishes, publishes, and requires compliance with 21 best practice standards for operating a program that assists 22 parents in providing temporary respite care for a child by a 23 volunteer respite family. 24 (b) “Qualified nonprofit organization” or “organization” 25 means a Florida private nonprofit organization that assists 26 parents in providing temporary respite care for a child by a 27 volunteer respite family under an agreement with a qualified 28 association. 29 (c) “Temporary respite care” means care provided to a child 30 by a volunteer respite family in their home for a period of time 31 that is not to exceed 90 days in order to provide temporary 32 relief to parents who are unable to care for a child. 33 (d) “Volunteer respite family” means an individual or a 34 family who voluntarily agrees to provide without compensation, 35 temporary care for a period of time no longer than 90 days for a 36 child under a contract for care with the child’s parent with the 37 assistance of a qualified nonprofit organization. 38 (2) ESTABLISHMENT OF THE PROGRAM.— A qualified nonprofit 39 organization may establish a program that assists parents in 40 providing temporary respite care for a child by a volunteer 41 respite family. 42 (a) A child is eligible for the program if he or she: 43 1. Has not been removed from the child’s parent due to 44 abuse or neglect and placed in the custody of the department; 45 2. Is not the subject of an ongoing department 46 investigation of abuse, abandonment, or neglect; 47 3. Has not been the subject of a verified report of abuse, 48 abandonment or neglect; or 49 4. Is the subject of an open court in-home dependency case 50 and under protective supervision of the department. 51 (b) Placement of a child under this section, in the absence 52 of evidence to the contrary, does not constitute abuse, neglect, 53 or abandonment as defined in s. 39.01 and is not considered to 54 be placement of the child in foster care. However, the 55 department may refer a child to an organization’s program if the 56 department determines that the needs of the child or the needs 57 of the child’s parent do not require an out-of-home safety plan 58 pursuant to s. 39.301(9) or other formal involvement of the 59 department and that the child and the child’s family may benefit 60 from the temporary respite care and services provided by the 61 organization. 62 (3) DUTIES OF A QUALIFIED NONPROFIT ORGANIZATION.— A 63 qualified nonprofit organization that provides temporary respite 64 care to children under this section shall: 65 (a) Establish its program under an agreement or 66 certification with a qualified association. 67 (b) Verify that the department has conducted background 68 screenings under s. 409.175 and chapter 435 of the following 69 persons before such persons have contact with a child: 70 1. Employees of the organization who will have direct 71 contact with children while assisting parents in providing 72 temporary respite care. 73 2. Members of the volunteer respite family and persons 74 residing in the volunteer respite home who are 12 years of age 75 or older. However, members of a volunteer respite family and 76 persons residing in the volunteer respite home who are between 77 the ages of 12 years and 18 years are not required to be 78 fingerprinted but must be screened for delinquency records. 79 (c) Train all volunteer respite families. The training must 80 include: 81 1. A discussion of the rights, duties, and limitations in 82 providing temporary care for a child; 83 2. An overview of program processes, including intake 84 triage processes; 85 3. Working with third party service providers, including 86 schools and medical professionals; 87 4. General safety requirements, including the prevention of 88 sudden unexplained death syndrome, proper supervision of 89 children, and water and pool safety; 90 5. Instruction on appropriate and constructive disciplinary 91 practices, including the prohibition of physical punishment and 92 discipline that is severe, humiliating, or frightening, or is 93 associated with the deprivation of food, rest, or toileting; 94 6. Abuse and maltreatment reporting requirements, including 95 proper cooperation with the department; 96 7. Confidentiality; and 97 8. Building a healthy relationship with a child’s parents. 98 (d) Be solely responsible for ongoing supervision of each 99 child placed with a volunteer respite family. 100 (e) Maintain records on each volunteer respite family and 101 96 child served, including, but not limited to: 102 1. The name and age of the child; 103 2. The name, address, telephone number, e-mail address, and 104 other contact information for the child’s parents; 105 3. The name, address, telephone number, e-mail address, and 106 other contact information for the child’s volunteer respite 107 family; 108 4. A copy of the contract for care executed pursuant to 109 this section; and 110 5. Proof that the volunteer respite family has met all the 111 personnel screening requirements conducted by the 112 departmentunder this section. 113 (f) Provide the following information to the department on 114 an annual basis: 115 1. The name, address, telephone number, e-mail address, and 116 other contact information of the organization. 117 2. The name of the organization’s director. 118 3. The names and addresses of the officers and members of 119 the governing body. 120 4. The total number of volunteer respite families currently 121 working with the organization and the total number of children 122 who were provided temporary respite care in the previous fiscal 123 year. 124 5. A copy of its agreement or certification with a 125 qualified association for the purpose of providing volunteer 126 respite services pursuant to this section. 127 (g) Provide the qualified association with data and other 128 information as required by the qualified association to 129 demonstrate that the qualified nonprofit organization is in 130 substantial compliance with the minimum best practice standards 131 published by the qualified association. 132 (h) Immediately notify the department of any suspected or 133 confirmed incident of abuse, neglect, or other maltreatment of a 134 child while in the care of a volunteer respite family. 135 (i) Make available to the department or qualified 136 association at any time for inspection all records relating to 137 the program and children cared for by the organization’s 138 volunteer respite families to ensure compliance with this 139 section and standards established by any entity with which the 140 organization is affiliated. 141 (3) CONTRACT FOR CARE.— All parents of a child must enter 142 into a written contract with the qualified association for the 143 provision of temporary respite care of the child under this 144 section. The contract for care may not exceed 90 days in 145 duration and may not be extended. 146 (a) The contract must be executed before, or at the time, 147 the child is placed with a volunteer respite family and 148 organization. Through the contract for care, the parent may 149 delegate to the volunteer respite family any of the powers 150 regarding the care and custody of the child, except the power to 151 consent to the marriage or adoption of the child, the 152 performance or inducement of an abortion on the child, or the 153 termination of parental rights regarding the child. 154 Authorization for the volunteer respite family to consent to 155 routine and emergency medical care on behalf of the parent shall 156 be granted only upon the separate consent of the parent pursuant 157 to s. 743.0645. The contract for care must at a minimum: 158 1. Be signed by the parent or both parents if both parents 159 are living and have shared responsibility and timesharing of the 160 child pursuant to law or a court order. Notification to a parent 161 whose parental rights have been terminated is not required. 162 2. Be signed by all members of the volunteer respite family 163 who are 18 years of age or older. 164 3. Be signed by the representative of the organization who 165 assisted with the child’s placement with the volunteer respite 166 family. 167 4. Be signed by two subscribing witnesses. 168 (b) The contract for care must include: 169 1. A statement that the contract does not deprive the 170 parent of any parental or legal authority regarding the care and 171 custody of the child or supersede a court order regarding the 172 care and custody of the child. 173 2. A statement that the contract may be revoked or 174 withdrawn at any time by the parent and that custody of the 175 child shall be returned to the parent as soon as reasonably 176 possible. 177 3. The basic services and accommodations provided by the 178 volunteer respite family and organization. 179 4. Identification of the child, the parent, and the members 180 of the volunteer respite family, including contact information 181 for all parties. 182 5. Identification of the organization, including contact 183 information for the organization and the representative who 184 assisted with the child’s placement. 185 6. A statement regarding disciplinary procedures that are 186 used by the volunteer respite family and expectations regarding 187 interactions between the volunteer respite family and the child. 188 The statement must identify the child’s known behavioral or 189 emotional issues and how such issues are addressed by the 190 child’s parent. 191 7. A statement of the minimum expected frequency of contact 192 between the parent and the child, expectations for the volunteer 193 respite family to facilitate any reasonable request for contact 194 with the child outside of the established schedule, and the 195 minimum expected frequency of contact between the parent and the 196 volunteer respite family to discuss the child’s well-being and 197 health. 198 8. A statement regarding the child’s educational needs, 199 including the name and address of the child’s school and the 200 names of the child’s teachers. 201 9. A list of extracurricular, religious, or community 202 activities and programs in which the child participates. 203 10. A list of any special dietary or nutritional 204 requirements of the child. 205 11. A description of the child’s medical needs, including 206 any diagnoses, allergies, therapies, treatments, or medications 207 prescribed to the child and the expectations for the volunteer 208 respite family to address such medical needs. 209 12. A statement that the volunteer respite family agrees to 210 act in the best interests of the child and to consider all 211 reasonable wishes and expectations of the parent concerning the 212 care and comfort of the child. 213 13. A statement that all appropriate members of the 214 volunteer respite family have successfully met the personnel 215 screening requirements pursuant to paragraph )(b). 216 14. An expiration date for each contract for care, which 217 may not exceed 90 days in duration. 218 15. A statement that the goal of the organization, 219 volunteer respite family, and parent is to return the child 220 receiving temporary respite care to the parent as soon as the 221 situation requiring such care has been resolved. 222 16. A requirement that the volunteer respite family 223 immediately notify the parent of the child’s need for medical 224 care. 225 (c) The parent may revoke or withdraw the contract for care 226 at any time, and the child shall be returned immediately to the 227 custody of the parent. A contract for care executed under this 228 section expires automatically after 90 days and may not operate 229 to deprive a parent of any parental or legal authority regarding 230 the care and custody of the child or supersede a court order 231 regarding the care and custody of the child. 232 (d)If all parents do not sign the contract for care, the 233 organization must, prior to the child’s placement with a 234 voluntary respite family: 235 1. Secure a notarized Consent for Placement with Volunteer 236 Respite Family executed by the parent who did not sign the 237 contract for care. The Consent for Placement with Volunteer 238 Respite Family must contain each term set forth in the contract 239 for care as required in this subsection and an advisory that the 240 parent may elect to object to the contract for care and take 241 custody of the child pursuant to the provision of Florida law, 242 or 243 2. Personally serve the parent who did not sign the 244 contract for care with a Petition for Dependency pursuant to 245 Chapter 39 setting forth grounds to establish that the parent 246 has abandoned, abused or neglected the child. 247 (4) NOTIFICATION REQUIREMENTS —Any organization that is 248 registered with a qualified association shall immediately notify 249 the department if it has in its care: 250 (a) A child with a serious developmental disability or a 251 physical, emotional, or mental handicap for which the 252 organization is not qualified or able to provide care; or 253 (b) A child who has not been returned to a parent when the 254 contract expires. 255 (5) APPLICABILITY.—Placement of a child under this section 256 without additional evidence does not constitute abandonment, 257 abuse, or neglect, as defined in s. 39.01, and is not considered 258 to be placement of the child in foster care. 259 However, nothing in this section prevents the department or a 260 law enforcement agency from investigating allegations of 261 abandonment, abuse, neglect, unlawful desertion of a child, or 262 human trafficking. 263 Section 2. This act shall take effect July 1, 2017. 264 ================= T I T L E A M E N D M E N T ================ 265 And the title is amended as follows: 266 Delete everything before the enacting clause 267 and insert: 268 A bill to be entitled 269 An act relating to the temporary respite care of a 270 child; creating s. 409.1761, F.S.; providing 271 legislative findings; providing definitions; 272 authorizing qualified nonprofit organizations to 273 establish programs to provide temporary respite care 274 for children; providing duties and recordkeeping 275 requirements for such organizations; providing 276 screening requirements for certain persons; requiring 277 notification to the Department of Children and 278 Families under certain circumstances; authorizing a 279 volunteer respite family to enter into a contract for 280 care to provide temporary respite care for a child; 281 specifying the duration of a contract for care; 282 specifying the form and execution of the contract; 283 authorizing inspection of documents by the Department 284 of Children and Families; providing eligibility; 285 authorizing the department to refer a child for such 286 care; providing applicability;; providing an effective 287 date.