Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for CS for SB 200 Ì596944NÎ596944 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/25/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Passidomo) recommended the following: 1 Senate Amendment (with title amendment) 2 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. 52 (3) DUTIES OF A QUALIFIED NONPROFIT ORGANIZATION.—A 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. 274 275 ================= 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.