Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 200
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2017           .                                

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