Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 200
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2017           .                                

       The Committee on Rules (Passidomo) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 38 - 259
    4  and insert:
    5         Section 1. Section 409.1761, Florida Statutes, is created
    6  to read:
    7         (1) DEFINITIONS.—As used in this section, the term:
    8         (a) “Parent” means the parent or parents who are required
    9  to sign the contract for care under subsection (4).
   10         (b) “Qualified association” means an association that
   11  publishes minimum best practice standards for operating a
   12  qualified nonprofit organization and establishes and requires
   13  compliance with those best practice standards.
   14         (c) “Qualified nonprofit organization” or “organization”
   15  means a private Florida nonprofit organization that:
   16         1. Is in compliance with the best practice standards of a
   17  qualified association.
   18         2. Assists parents by providing temporary respite care for
   19  children through the use of volunteer respite families who are
   20  under a contract for care.
   21         3. Provides assistance and support to parents and training
   22  and support for volunteer respite families.
   23         (d)“Temporary respite care” means care provided to a child
   24  by a volunteer respite family in their home for a period of time
   25  that is not to exceed 90 days in order to provide temporary
   26  relief to parents who are unable to care for a child.
   27         (e) “Volunteer respite family” means an individual or a
   28  family who voluntarily agrees to provide, without compensation,
   29  temporary care for a period of time no longer than 90 days for a
   30  child under a contract for care with the child’s parent with the
   31  assistance of a qualified nonprofit organization.
   32         (2)ESTABLISHMENT OF THE PROGRAM.—A qualified nonprofit
   33  organization may establish a program that assists parents in
   34  providing temporary respite care for a child by a volunteer
   35  respite family.
   36         (a)A child is eligible for the program if he or she:
   37         1.Has not been removed from the child’s parent due to
   38  abuse or neglect and placed in the custody of the department;
   39         2.Is not the subject of an ongoing department
   40  investigation of abuse, abandonment, or neglect;
   41         3.Has not been the subject of a verified report of abuse,
   42  abandonment, or neglect; or
   43         4.Is not the subject of an open court in-home dependency
   44  case and under protective supervision of the department.
   45         (b)The department may refer a child to an organization’s
   46  program if the department determines that the needs of the child
   47  or the needs of the child’s parent do not require an out-of-home
   48  safety plan pursuant to s. 39.301(9) or other formal involvement
   49  of the department and that the child and the child’s family may
   50  benefit from the temporary respite care and services provided by
   51  the organization.
   53  qualified nonprofit organization that provides temporary respite
   54  care to children under this section shall:
   55         (a)Establish its program under an agreement or
   56  certification with a qualified association.
   57         (b)Verify that the department has conducted background
   58  screenings using the level 2 standards for screening under s.
   59  409.175 and chapter 435 of the following persons before such
   60  persons have contact with a child:
   61         1.Employees of the organization who will have direct
   62  contact with children while assisting parents in providing
   63  temporary respite care.
   64         2.Members of the volunteer respite family and persons
   65  residing in the volunteer respite home who are 12 years of age
   66  or older. However, members of a volunteer respite family and
   67  persons residing in the volunteer respite home who are between
   68  the ages of 12 years and 18 years are not required to be
   69  fingerprinted but must be screened for delinquency records.
   70         (c) Conduct a home study, a home safety assessment and
   71  complete a home safety checklist approved by the qualifying
   72  association of all prospective volunteer respite families to
   73  ensure that the family and home meet basic safety standards for
   74  the care of children.
   75         (d)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         (e)Be solely responsible for ongoing supervision of each
   95  child placed with a volunteer respite family.
   96         (f)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         (g)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         (h)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         (i)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         (j)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.—Before a volunteer respite family
  138  cares for a child there must be a written contract for care as
  139  provided herein. The contract for care may not exceed 90 days in
  140  duration and may only be extended for one 90 day period.
  141         (a)The contract must be executed before a volunteer
  142  respite family cares for a child. Under a contract for care, the
  143  parent may delegate to the volunteer respite family any of the
  144  powers regarding the care and custody of the child, except the
  145  power to consent to the marriage or adoption of the child, the
  146  performance or inducement of an abortion on the child, or the
  147  termination of parental rights regarding the child.
  148  Authorization for the volunteer respite family to consent to
  149  routine and emergency medical care on behalf of the parent shall
  150  be granted only upon the separate consent of the parent pursuant
  151  to s. 743.0645. The contract for care must at a minimum be
  152  signed by:
  153         1.The parent or both parents if both parents are living
  154  and have shared responsibility and timesharing of the child
  155  pursuant to law or a court order, except in a situation of
  156  urgent need. A “situation of urgent need” is defined as a
  157  sudden, unexpected, or impending situation in which the
  158  qualified nonprofit organization reasonably believes that urgent
  159  action is needed to prevent a worsening of the situation in
  160  order to protect the health, safety, and best interests of the
  161  child. If the parents do not have shared parental responsibility
  162  and timesharing of the child, the parent having sole parental
  163  responsibility has the authority to enter the contract for care.
  164  The qualified nonprofit organization shall make reasonable
  165  efforts to determine if there is a parent without parental
  166  responsibility and timesharing having rights to the child. The
  167  organization shall obtain last known contact information for
  168  that parent and contact that parent via phone at the time of
  169  placement. The qualified nonprofit organization must document
  170  all attempts to contact that parent. If the parent without
  171  parental responsibility and timesharing cannot be located or
  172  reached at the time of placement, the qualified nonprofit
  173  organization may place the child with a volunteer respite
  174  family, but shall assist the parent with notifying the parent
  175  without parental responsibility and timesharing in writing of
  176  the placement. Such notification must be provided by certified
  177  mail, return receipt requested, to the parent without parental
  178  responsibility and timesharing at his or her last known address
  179  within 5 days after the contract for care is signed.
  180  Notification to a parent whose parental rights have been
  181  terminated is not required.
  182         2.All members of the volunteer respite family who are 18
  183  years of age or older.
  184         3.The representative of the organization who assisted with
  185  the child’s placement with the volunteer respite family.
  186         4.Two subscribing witnesses.
  187         (b)The contract for care must include:
  188         1.A statement that the contract does not deprive the
  189  parent of any parental or legal authority regarding the care and
  190  custody of the child or supersede a court order regarding the
  191  care and custody of the child.
  192         2.A statement that the contract may be revoked or
  193  withdrawn at any time by the parent and that custody of the
  194  child shall be returned to the parent as soon as reasonably
  195  possible.
  196         3.The basic services and accommodations provided by the
  197  volunteer respite family and organization.
  198         4.Identification of the child, the parent, and the members
  199  of the volunteer respite family, including contact information
  200  for all parties.
  201         5.Identification of the organization, including contact
  202  information for the organization and the representative who
  203  assisted with the child’s placement.
  204         6.A statement regarding disciplinary procedures that are
  205  used by the volunteer respite family and expectations regarding
  206  interactions between the volunteer respite family and the child.
  207  The statement must identify the child’s known behavioral or
  208  emotional issues and how such issues are addressed by the
  209  child’s parent.
  210         7.A statement of the minimum expected frequency of contact
  211  between the parent and the child, expectations for the volunteer
  212  respite family to facilitate any reasonable request for contact
  213  with the child outside of the established schedule, and the
  214  minimum expected frequency of contact between the parent and the
  215  volunteer respite family to discuss the child’s well-being and
  216  health.
  217         8.A statement regarding the child’s educational needs,
  218  including the name and address of the child’s school and the
  219  names of the child’s teachers.
  220         9.A list of extracurricular, religious, or community
  221  activities and programs in which the child participates.
  222         10.A list of any special dietary or nutritional
  223  requirements of the child.
  224         11.A description of the child’s medical needs, including
  225  any diagnoses, allergies, therapies, treatments, or medications
  226  prescribed to the child and the expectations for the volunteer
  227  respite family to address such medical needs.
  228         12.A statement that the volunteer respite family agrees to
  229  act in the best interests of the child and to consider all
  230  reasonable wishes and expectations of the parent concerning the
  231  care and comfort of the child.
  232         13.A statement that all appropriate members of the
  233  volunteer respite family have successfully met the personnel
  234  screening requirements pursuant to paragraph (3)(b).
  235         14. An expiration date for each contract for care.
  236         15. A statement that the goal of the organization,
  237  volunteer respite family, and parent is to return the child
  238  receiving temporary respite care to the parent as soon as the
  239  situation requiring such care has been resolved.
  240         16. A requirement that the volunteer respite family
  241  immediately notify the parent of the child’s need for medical
  242  care.
  243         (c) The parent may revoke or withdraw the contract for care
  244  at any time, and the child shall be returned immediately to the
  245  custody of the parent. A contract for care executed under this
  246  section may not exceed 90 days in duration, may only be extended
  247  for one 90 day period, and may not operate to deprive a parent
  248  of any parental or legal authority regarding the care and
  249  custody of the child or supersede a court order regarding the
  250  care and custody of the child.
  251         (c)The parent may revoke or withdraw the contract for care
  252  at any time, and the child shall be returned immediately to the
  253  custody of the parent. A contract for care executed under this
  254  section expires automatically after 90 days and may not operate
  255  to deprive a parent of any parental or legal authority regarding
  256  the care and custody of the child or supersede a court order
  257  regarding the care and custody of the child.
  258         (5) NOTIFICATION REQUIREMENTS.Any organization that is
  259  registered with a qualified association shall immediately notify
  260  the department if it has in its care:
  261         (a)A child with a serious developmental disability or a
  262  physical, emotional, or mental handicap for which the
  263  organization is not qualified or able to provide care; or
  264         (b)A child who has not been returned to a parent when the
  265  contract expires.
  266         (6) APPLICABILITY.—Placement of a child under this section
  267  without additional evidence does not constitute abandonment,
  268  abuse, or neglect, as defined in s. 39.01, and is not considered
  269  to be placement of the child in foster care. However, this
  270  section does not prevent the department or a law enforcement
  271  agency from investigating allegations of abandonment, abuse,
  272  neglect, unlawful desertion of a child, or human trafficking.
  273         Section 2. This act shall take effect July 1, 2017.
  275  ================= T I T L E  A M E N D M E N T ================
  276  And the title is amended as follows:
  277         Delete lines 2 - 25
  278  and insert:
  279         the temporary respite care of a child; creating s.
  280         409.1761, F.S.; providing legislative findings;
  281         providing definitions; authorizing qualified nonprofit
  282         organizations to establish programs to provide
  283         temporary respite care for children; providing duties
  284         and recordkeeping requirements for such organizations;
  285         providing screening requirements for certain persons;
  286         requiring notification to the Department of Children
  287         and Families under certain circumstances; authorizing
  288         a volunteer respite family to enter into a contract
  289         for care to provide temporary respite care for a
  290         child; specifying the duration of a contract for care;
  291         specifying the form and execution of the contract;
  292         specifying that a parent may revoke or withdraw the
  293         contract for care at any time; requiring the child to
  294         be returned immediately to the custody of the parent
  295         if the contract is revoked or withdrawn; specifying
  296         that such contract expires after a specified
  297         timeframe; prohibiting such contract from operating to
  298         deprive a parent of certain authority or from
  299         superseding certain court orders; notification
  300         requirements; providing applicability; providing an
  301         effective date.