Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 590
       
       
       
       
       
       
                                Ì4977327Î497732                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2018           .                                
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       Appropriations Subcommittee on Health and Human Services
       (Garcia) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective January 1, 2019, section 39.4015,
    6  Florida Statutes, is created to read:
    7         39.4015 Family finding.—
    8         (1) LEGISLATIVE FINDINGS AND INTENT.—
    9         (a) The Legislature finds that every child who is in out
   10  of-home care has the goal of finding a permanent home, whether
   11  achieved by reunifying the child with his or her parents or
   12  finding another permanent connection, such as adoption or legal
   13  guardianship with a relative or nonrelative who has a
   14  significant relationship with the child.
   15         (b) The Legislature finds that while legal permanency is
   16  important to a child in out-of-home care, emotional permanency
   17  helps increase the likelihood that children will achieve
   18  stability and well-being and successfully transition to
   19  independent adulthood.
   20         (c) The Legislature also finds that research has
   21  consistently shown that placing a child within his or her own
   22  family reduces the trauma of being removed from his or her home,
   23  is less likely to result in placement disruptions, and enhances
   24  prospects for finding a permanent family if the child cannot
   25  return home.
   26         (d) The Legislature further finds that the primary purpose
   27  of family finding is to facilitate legal and emotional
   28  permanency for children who are in out-of-home care by finding
   29  and engaging their relatives.
   30         (e) It is the intent of the Legislature that every child in
   31  out-of-home care be afforded the advantages that can be gained
   32  from the use of family finding to establish caring and long-term
   33  or permanent connections and relationships for children and
   34  youth in out-of-home care, as well as to establish a long-term
   35  emotional support network with family members and other adults
   36  who may not be able to take the child into their home but who
   37  want to stay connected with the child.
   38         (2) DEFINITIONS.—As used in this section, the term:
   39         (a) “Diligent efforts” means the use of methods and
   40  techniques including, but not limited to, interviews with
   41  immediate and extended family and kin, genograms, eco-mapping,
   42  case mining, cold calls, and specialized computer searches.
   43         (b) “Family finding” means an intensive relative search and
   44  engagement technique used in identifying family and other close
   45  adults for children in out-of-home care and involving them in
   46  developing and carrying out a plan for the emotional and legal
   47  permanency of a child.
   48         (c) “Family group decisionmaking” is a generic term that
   49  includes a number of approaches in which family members and
   50  fictive kin are brought together to make decisions about how to
   51  care for their children and develop a plan for services. The
   52  term includes family team conferencing, family team meetings,
   53  family group conferencing, family team decisionmaking, family
   54  unity meetings, and team decisionmaking, which may consist of
   55  several phases and employ a trained facilitator or coordinator.
   56         (d) “Fictive kin” means an individual who is unrelated to
   57  the child by either birth or marriage, but has such a close
   58  emotional relationship with the child that he or she may be
   59  considered part of the family.
   60         (3) FAMILY-FINDING PROGRAM.—The department, in
   61  collaboration with sheriffs’ offices that conduct child
   62  protective investigations and community-based care lead
   63  agencies, shall develop a formal family-finding program to be
   64  implemented statewide by child protective investigators and
   65  community-based care lead agencies.
   66         (a) Family finding is required as soon as a child comes to
   67  the attention of the department and throughout the duration of
   68  the case, and finding and engaging with as many family members
   69  and fictive kin as possible for each child who may help with
   70  care or support for the child is considered a best practice. The
   71  department or community-based care lead agency must specifically
   72  document strategies taken to locate and engage relatives and
   73  kin. Strategies of engagement may include, but are not limited
   74  to, asking the relatives and kin to:
   75         1. Participate in a family group decisionmaking conference,
   76  family team conferencing, or other family meetings aimed at
   77  developing or supporting the family service plan;
   78         2. Attend visitations with the child;
   79         3. Assist in transportation of the child;
   80         4. Provide respite or child care services; or
   81         5. Provide actual kinship care.
   82         (b) The department and the community-based care lead
   83  agencies must use diligent efforts in family finding, must
   84  continue those efforts until multiple relatives and kin are
   85  identified, and must go beyond basic searching tools by
   86  exploring alternative tools and methodologies. Efforts by the
   87  department and the community-based care lead agency may include,
   88  but are not limited to:
   89         1. Searching for and locating adult relatives and kin.
   90         2. Identifying and building positive connections between
   91  the child and the child’s relatives and fictive kin.
   92         3. Supporting the engagement of relatives and fictive kin
   93  in social service planning and delivery of services and creating
   94  a network of extended family support to assist in remedying the
   95  concerns that led to the child becoming involved with the child
   96  welfare system, when appropriate.
   97         4. Maintaining family connections, when possible.
   98         5. Keeping siblings together in care, when in the best
   99  interest of each child and when possible.
  100         (c) A basic computer search using the Internet or attempts
  101  to contact known relatives at a last known address or telephone
  102  number do not constitute effective family finding.
  103         (d) The court’s inquiry and determination regarding family
  104  finding should be made at each stage of the case, including a
  105  shelter hearing conducted pursuant to s. 39.402. The court shall
  106  place its determinations on the record as to whether the
  107  department or community-based care lead agency has reasonably
  108  engaged in family finding. The level of reasonableness is to be
  109  determined by the length of the case and the amount of time the
  110  department or community-based care lead agency has had to begin
  111  or continue the process.
  112         (4) RULEMAKING.—The department shall adopt rules to
  113  implement this section.
  114         Section 2. Paragraphs (c) and (d) of subsection (11) of
  115  section 39.402, Florida Statutes, and subsection (17) of that
  116  section are amended to read:
  117         39.402 Placement in a shelter.—
  118         (11)
  119         (c) The court shall request that the parents consent to
  120  provide access to the child’s child care records, early
  121  education program records, or other educational records and
  122  provide information to the court, the department or its contract
  123  agencies, and any guardian ad litem or attorney for the child.
  124  If a parent is unavailable or unable to consent or withholds
  125  consent and the court determines access to the records and
  126  information is necessary to provide services to the child, the
  127  court shall issue an order granting access.
  128         (d) The court may appoint a surrogate parent or may refer
  129  the child to the district school superintendent for appointment
  130  of a surrogate parent if the child has or is suspected of having
  131  a disability and the parent is unavailable pursuant to s.
  132  39.0016(3)(b). If the child is under the age of school entry,
  133  the court must make the appointment.
  134         (17) At the shelter hearing, the court shall inquire of the
  135  parent whether the parent has relatives who might be considered
  136  as a placement for the child. The parent shall provide to the
  137  court and all parties identification and location information
  138  regarding the relatives. The court shall advise the parent that
  139  the parent has a continuing duty to inform the department of any
  140  relative who should be considered for placement of the child.
  141  The court shall place its determinations on the record as to
  142  whether the department or community-based care lead agency has
  143  reasonably engaged in family finding. The level of
  144  reasonableness is to be determined by the length of the case and
  145  amount of time the department or community-based care lead
  146  agency has had to begin or continue the process.
  147         Section 3. Present subsection (9) of section 39.506,
  148  Florida Statutes, is redesignated as subsection (10), and a new
  149  subsection (9) is added to that section, to read:
  150         39.506 Arraignment hearings.—
  151         (9)The court shall review whether the department or
  152  community-based care lead agency has reasonably engaged in
  153  family finding and make a written determination as to its
  154  findings. The level of reasonableness is determined by the
  155  length of the case and amount of time the department or
  156  community-based care lead agency has had to begin or continue
  157  the process.
  158         Section 4. Paragraphs (c) and (d) of subsection (7) of
  159  section 39.507, Florida Statutes, are amended to read:
  160         39.507 Adjudicatory hearings; orders of adjudication.—
  161         (7)
  162         (c) If a court adjudicates a child dependent and the child
  163  is in out-of-home care, the court shall inquire of the parent or
  164  parents whether the parents have relatives who might be
  165  considered as a placement for the child. The court shall advise
  166  the parents that, if the parents fail to substantially comply
  167  with the case plan, their parental rights may be terminated and
  168  that the child’s out-of-home placement may become permanent. The
  169  parent or parents shall provide to the court and all parties
  170  identification and location information of the relatives. The
  171  court shall review whether the department or community-based
  172  care lead agency has reasonably engaged in family finding and
  173  make a written determination as to its findings. The level of
  174  reasonableness is determined by the length of the case and
  175  amount of time the department or community-based care lead
  176  agency has had to begin or continue the process.
  177         (d)The court shall advise the parents that, if they fail
  178  to substantially comply with the case plan, their parental
  179  rights may be terminated and that the child’s out-of-home
  180  placement may become permanent.
  181         Section 5. Effective January 1, 2019, section 39.5085,
  182  Florida Statutes, is amended to read:
  183         39.5085 Kinship Care Relative Caregiver Program.—
  184         (1) LEGISLATIVE FINDINGS AND INTENT.—
  185         (a) The Legislature finds that an increasing number of
  186  relatives and fictive kin are assuming the responsibility of
  187  raising children because the parents of these children are
  188  unable to care for them.
  189         (b) The Legislature also finds that these kinship
  190  caregivers perform a vital function by providing homes for
  191  children who would otherwise be at risk of foster care placement
  192  and that kinship care is a crucial option in the spectrum of
  193  out-of-home care available to children in need.
  194         (c) The Legislature finds that children living with kinship
  195  caregivers experience increased placement stability, are less
  196  likely to reenter care if they are reunified with their parents,
  197  and have better behavioral and mental health outcomes.
  198         (d) The Legislature further finds that these kinship
  199  caregivers may face a number of difficulties and need assistance
  200  to support the health and well-being of the children they care
  201  for. These needs include, but are not limited to, financial
  202  assistance, legal assistance, respite care, child care,
  203  specialized training, and counseling.
  204         (e) It is the intent of the Legislature to provide for the
  205  establishment and implementation of procedures and protocols
  206  that are likely to increase and adequately support appropriate
  207  and safe kinship care placements.
  208         (2) DEFINITIONS.—As used this section, the term:
  209         (a) “Fictive kin” means an individual who is unrelated to
  210  the child by either birth or marriage, but has such a close
  211  emotional relationship with the child that he or she may be
  212  considered part of the family.
  213         (b) “Kinship care” means the full-time care of a child
  214  placed in out-of-home care by the court in the home of a
  215  relative or fictive kin.
  216         (c) “Kinship navigator program” means a statewide program
  217  designed to ensure that kinship caregivers are provided with
  218  necessary resources for the preservation of the family.
  219         (d) “Relative” means an individual who is caring full time
  220  for a child placed in out-of-home care by the court and who:
  221         1. Is related to the child within the fifth degree by blood
  222  or marriage to the parent or stepparent of the child; or
  223         2. Is related to a half-sibling of that child within the
  224  fifth degree by blood or marriage to the parent or stepparent.
  225         (3) FINANCIAL ASSISTANCE.—The department shall provide
  226  financial assistance to all caregivers who qualify under this
  227  subsection.
  228         (a) Relatives or fictive kin caring for a child who has
  229  been placed with them by the court shall receive a monthly
  230  caregiver benefit, beginning when the child is placed with them.
  231  The amount of the benefit payment is based on the child’s age
  232  within a payment schedule established by rule of the department.
  233  The cost of providing the assistance described in this section
  234  to any caregiver may not exceed the cost of providing out-of
  235  home care in emergency shelter or foster care.
  236         (b) Caregivers who receive assistance under this section
  237  must be capable, as determined by a home study, of providing a
  238  physically safe environment and a stable, supportive home for
  239  the children under their care and must assure that the
  240  children’s well-being is met, including, but not limited to, the
  241  provision of immunizations, education, and mental health
  242  services, as needed.
  243         (c) Caregivers who qualify for and receive assistance under
  244  this section are not required to meet foster care licensing
  245  requirements under s. 409.175.
  246         (d)Children receiving cash benefits under this section are
  247  not eligible to simultaneously receive WAGES cash benefits under
  248  chapter 414.
  249         (d) A caregiver may not receive a benefit payment if the
  250  parent or stepparent of the child resides in the home. However,
  251  a caregiver may receive the benefit payment for a minor parent
  252  who is in his or her care, as well as for the minor parent’s
  253  child, if both children have been adjudicated dependent and meet
  254  all other eligibility requirements. If the caregiver is
  255  receiving a benefit payment when a parent, other than an
  256  eligible minor parent, or stepparent moves into the home, the
  257  payment must be terminated no later than the first day of the
  258  month following the move, allowing for 10-day notice of adverse
  259  action.
  260         (e) Children living with caregivers who are receiving
  261  assistance under this section are eligible for Medicaid
  262  coverage.
  263         (4) ADDITIONAL ASSISTANCE AND SERVICES.—
  264         (a) The purpose of a kinship navigator program is to help
  265  relative caregivers and fictive kin in the child welfare system
  266  to navigate the broad range of services available to them and
  267  the children from public, private, community, and faith-based
  268  organizations.
  269         (b) By January 1, 2019, each community-based care lead
  270  agency shall establish a kinship navigator program. In order to
  271  meet the requirements of a kinship navigator program, the
  272  program must:
  273         1. Be coordinated with other state or local agencies that
  274  promote service coordination or provide information and referral
  275  services, including any entities that participate in the Florida
  276  211 Network, to avoid duplication or fragmentation of services
  277  to kinship care families;
  278         2. Be planned and operated in consultation with kinship
  279  caregivers and organizations representing them, youth raised by
  280  kinship caregivers, relevant governmental agencies, and relevant
  281  community-based or faith-based organizations;
  282         3.Establish a toll-free telephone hotline to provide
  283  information to link kinship caregivers, kinship support group
  284  facilitators, and kinship service providers to:
  285         a.One another;
  286         b.Eligibility and enrollment information for federal,
  287  state, and local benefits;
  288         c.Relevant training to assist kinship caregivers in
  289  caregiving and in obtaining benefits and services; and
  290         d.Relevant knowledge related to legal options available
  291  for child custody, other legal assistance, and help in obtaining
  292  legal services.
  293         4.Provide outreach to kinship care families, including by
  294  establishing, distributing, and updating a kinship care website,
  295  or other relevant guides or outreach materials; and
  296         5.Promote partnerships between public and private
  297  agencies, including schools, community-based or faith-based
  298  organizations, and relevant governmental agencies, to increase
  299  their knowledge of the needs of kinship care families to promote
  300  better services for those families.
  301         (5) RULEMAKING.—The department shall adopt rules to
  302  implement this section.
  303         (1) It is the intent of the Legislature in enacting this
  304  section to:
  305         (a) Provide for the establishment of procedures and
  306  protocols that serve to advance the continued safety of children
  307  by acknowledging the valued resource uniquely available through
  308  grandparents, relatives of children, and specified nonrelatives
  309  of children pursuant to subparagraph (2)(a)3.
  310         (b) Recognize family relationships in which a grandparent
  311  or other relative is the head of a household that includes a
  312  child otherwise at risk of foster care placement.
  313         (c) Enhance family preservation and stability by
  314  recognizing that most children in such placements with
  315  grandparents and other relatives do not need intensive
  316  supervision of the placement by the courts or by the department.
  317         (d) Recognize that permanency in the best interests of the
  318  child can be achieved through a variety of permanency options,
  319  including permanent guardianship under s. 39.6221 if the
  320  guardian is a relative, by permanent placement with a fit and
  321  willing relative under s. 39.6231, by a relative, guardianship
  322  under chapter 744, or adoption, by providing additional
  323  placement options and incentives that will achieve permanency
  324  and stability for many children who are otherwise at risk of
  325  foster care placement because of abuse, abandonment, or neglect,
  326  but who may successfully be able to be placed by the dependency
  327  court in the care of such relatives.
  328         (e) Reserve the limited casework and supervisory resources
  329  of the courts and the department for those cases in which
  330  children do not have the option for safe, stable care within the
  331  family.
  332         (f) Recognize that a child may have a close relationship
  333  with a person who is not a blood relative or a relative by
  334  marriage and that such person should be eligible for financial
  335  assistance under this section if he or she is able and willing
  336  to care for the child and provide a safe, stable home
  337  environment.
  338         (2)(a) The Department of Children and Families shall
  339  establish, operate, and implement the Relative Caregiver Program
  340  by rule of the department. The Relative Caregiver Program shall,
  341  within the limits of available funding, provide financial
  342  assistance to:
  343         1. Relatives who are within the fifth degree by blood or
  344  marriage to the parent or stepparent of a child and who are
  345  caring full-time for that dependent child in the role of
  346  substitute parent as a result of a court’s determination of
  347  child abuse, neglect, or abandonment and subsequent placement
  348  with the relative under this chapter.
  349         2. Relatives who are within the fifth degree by blood or
  350  marriage to the parent or stepparent of a child and who are
  351  caring full-time for that dependent child, and a dependent half
  352  brother or half-sister of that dependent child, in the role of
  353  substitute parent as a result of a court’s determination of
  354  child abuse, neglect, or abandonment and subsequent placement
  355  with the relative under this chapter.
  356         3. Nonrelatives who are willing to assume custody and care
  357  of a dependent child in the role of substitute parent as a
  358  result of a court’s determination of child abuse, neglect, or
  359  abandonment and subsequent placement with the nonrelative
  360  caregiver under this chapter. The court must find that a
  361  proposed placement under this subparagraph is in the best
  362  interest of the child.
  363         4. A relative or nonrelative caregiver, but the relative or
  364  nonrelative caregiver may not receive a Relative Caregiver
  365  Program payment if the parent or stepparent of the child resides
  366  in the home. However, a relative or nonrelative may receive the
  367  Relative Caregiver Program payment for a minor parent who is in
  368  his or her care, as well as for the minor parent’s child, if
  369  both children have been adjudicated dependent and meet all other
  370  eligibility requirements. If the caregiver is currently
  371  receiving the payment, the Relative Caregiver Program payment
  372  must be terminated no later than the first of the following
  373  month after the parent or stepparent moves into the home,
  374  allowing for 10-day notice of adverse action.
  375  
  376         The placement may be court-ordered temporary legal custody
  377  to the relative or nonrelative under protective supervision of
  378  the department pursuant to s. 39.521(1)(c)3., or court-ordered
  379  placement in the home of a relative or nonrelative as a
  380  permanency option under s. 39.6221 or s. 39.6231 or under former
  381  s. 39.622 if the placement was made before July 1, 2006. The
  382  Relative Caregiver Program shall offer financial assistance to
  383  caregivers who would be unable to serve in that capacity without
  384  the caregiver payment because of financial burden, thus exposing
  385  the child to the trauma of placement in a shelter or in foster
  386  care.
  387         (b) Caregivers who receive assistance under this section
  388  must be capable, as determined by a home study, of providing a
  389  physically safe environment and a stable, supportive home for
  390  the children under their care and must assure that the
  391  children’s well-being is met, including, but not limited to, the
  392  provision of immunizations, education, and mental health
  393  services as needed.
  394         (c) Relatives or nonrelatives who qualify for and
  395  participate in the Relative Caregiver Program are not required
  396  to meet foster care licensing requirements under s. 409.175.
  397         (d) Relatives or nonrelatives who are caring for children
  398  placed with them by the court pursuant to this chapter shall
  399  receive a special monthly caregiver benefit established by rule
  400  of the department. The amount of the special benefit payment
  401  shall be based on the child’s age within a payment schedule
  402  established by rule of the department and subject to
  403  availability of funding. The statewide average monthly rate for
  404  children judicially placed with relatives or nonrelatives who
  405  are not licensed as foster homes may not exceed 82 percent of
  406  the statewide average foster care rate, and the cost of
  407  providing the assistance described in this section to any
  408  caregiver may not exceed the cost of providing out-of-home care
  409  in emergency shelter or foster care.
  410         (e) Children receiving cash benefits under this section are
  411  not eligible to simultaneously receive WAGES cash benefits under
  412  chapter 414.
  413         (f) Within available funding, the Relative Caregiver
  414  Program shall provide caregivers with family support and
  415  preservation services, flexible funds in accordance with s.
  416  409.165, school readiness, and other available services in order
  417  to support the child’s safety, growth, and healthy development.
  418  Children living with caregivers who are receiving assistance
  419  under this section shall be eligible for Medicaid coverage.
  420         (g) The department may use appropriate available state,
  421  federal, and private funds to operate the Relative Caregiver
  422  Program. The department may develop liaison functions to be
  423  available to relatives or nonrelatives who care for children
  424  pursuant to this chapter to ensure placement stability in
  425  extended family settings.
  426         Section 6. Paragraph (e) of subsection (1) of section
  427  39.521, Florida Statutes, is amended to read:
  428         39.521 Disposition hearings; powers of disposition.—
  429         (1) A disposition hearing shall be conducted by the court,
  430  if the court finds that the facts alleged in the petition for
  431  dependency were proven in the adjudicatory hearing, or if the
  432  parents or legal custodians have consented to the finding of
  433  dependency or admitted the allegations in the petition, have
  434  failed to appear for the arraignment hearing after proper
  435  notice, or have not been located despite a diligent search
  436  having been conducted.
  437         (e) The court shall, in its written order of disposition,
  438  include all of the following:
  439         1. The placement or custody of the child.
  440         2. Special conditions of placement and visitation.
  441         3. Evaluation, counseling, treatment activities, and other
  442  actions to be taken by the parties, if ordered.
  443         4. The persons or entities responsible for supervising or
  444  monitoring services to the child and parent.
  445         5. Continuation or discharge of the guardian ad litem, as
  446  appropriate.
  447         6. The date, time, and location of the next scheduled
  448  review hearing, which must occur within the earlier of:
  449         a. Ninety days after the disposition hearing;
  450         b. Ninety days after the court accepts the case plan;
  451         c. Six months after the date of the last review hearing; or
  452         d. Six months after the date of the child’s removal from
  453  his or her home, if no review hearing has been held since the
  454  child’s removal from the home.
  455         7. If the child is in an out-of-home placement, child
  456  support to be paid by the parents, or the guardian of the
  457  child’s estate if possessed of assets which under law may be
  458  disbursed for the care, support, and maintenance of the child.
  459  The court may exercise jurisdiction over all child support
  460  matters, shall adjudicate the financial obligation, including
  461  health insurance, of the child’s parents or guardian, and shall
  462  enforce the financial obligation as provided in chapter 61. The
  463  state’s child support enforcement agency shall enforce child
  464  support orders under this section in the same manner as child
  465  support orders under chapter 61. Placement of the child shall
  466  not be contingent upon issuance of a support order.
  467         8.a. If the court does not commit the child to the
  468  temporary legal custody of an adult relative, legal custodian,
  469  or other adult approved by the court, the disposition order must
  470  shall include the reasons for such a decision and shall include
  471  a written determination as to whether diligent efforts were made
  472  by the department and the community-based care lead agency
  473  reasonably engaged in family finding in attempting to locate an
  474  adult relative, legal custodian, or other adult willing to care
  475  for the child in order to present that placement option to the
  476  court instead of placement with the department. The level of
  477  reasonableness is determined by the length of the case and
  478  amount of time the department or community-based care lead
  479  agency has had to begin or continue the process.
  480         b. If no suitable relative is found and the child is placed
  481  with the department or a legal custodian or other adult approved
  482  by the court, both the department and the court shall consider
  483  transferring temporary legal custody to an adult relative
  484  approved by the court at a later date, but neither the
  485  department nor the court is obligated to so place the child if
  486  it is in the child’s best interest to remain in the current
  487  placement.
  488  
  489         For the purposes of this section, “diligent efforts to
  490  locate an adult relative” means a search similar to the diligent
  491  search for a parent, but without the continuing obligation to
  492  search after an initial adequate search is completed.
  493         9. Other requirements necessary to protect the health,
  494  safety, and well-being of the child, to preserve the stability
  495  of the child’s child care, early education program, or any other
  496  educational placement, and to promote family preservation or
  497  reunification whenever possible.
  498         Section 7. Paragraph (b) of subsection (2) and paragraph
  499  (a) of subsection (3) of section 39.6012, Florida Statutes, are
  500  amended to read:
  501         39.6012 Case plan tasks; services.—
  502         (2) The case plan must include all available information
  503  that is relevant to the child’s care including, at a minimum:
  504         (b) A description of the plan for ensuring that the child
  505  receives safe and proper care and that services are provided to
  506  the child in order to address the child’s needs. To the extent
  507  available and accessible, the following health, mental health,
  508  and education information and records of the child must be
  509  attached to the case plan and updated throughout the judicial
  510  review process:
  511         1. The names and addresses of the child’s health, mental
  512  health, and educational providers;
  513         2. The child’s grade level performance;
  514         3. The child’s school record or, if the child is under the
  515  age of school entry, any records from a child care program,
  516  early education program, or preschool program;
  517         4.Documentation of compliance or noncompliance with the
  518  attendance requirements under s. 39.604, if the child is
  519  enrolled in a child care program, early education program, or
  520  preschool program;
  521         5.4. Assurances that the child’s placement takes into
  522  account proximity to the school in which the child is enrolled
  523  at the time of placement;
  524         6.5. A record of The child’s immunizations;
  525         7.6. The child’s known medical history, including any known
  526  health problems;
  527         8.7. The child’s medications, if any; and
  528         9.8. Any other relevant health, mental health, and
  529  education information concerning the child.
  530         (3) In addition to any other requirement, if the child is
  531  in an out-of-home placement, the case plan must include:
  532         (a) A description of the type of placement in which the
  533  child is to be living and, if the child has been placed with the
  534  department, whether the department and the community-based care
  535  lead agency have reasonably engaged in family finding to locate
  536  an adult relative, legal custodian, or other adult willing to
  537  care for the child in order to present that placement option to
  538  the court instead of placement with the department.
  539         Section 8. Section 39.604, Florida Statutes, is amended to
  540  read:
  541         39.604 Rilya Wilson Act; short title; legislative intent;
  542  requirements; attendance; stability and transitions reporting
  543  responsibilities.—
  544         (1) SHORT TITLE.—This section may be cited as the “Rilya
  545  Wilson Act.”
  546         (2) LEGISLATIVE FINDINGS AND INTENT.—
  547         (a) The Legislature finds that children from birth to age 5
  548  years are particularly vulnerable to maltreatment and that they
  549  enter out-of-home care in disproportionately high numbers.
  550         (b) The Legislature also finds that children who are abused
  551  or neglected are at high risk of experiencing physical and
  552  mental health problems and problems with language and
  553  communication, cognitive development, and social and emotional
  554  development.
  555         (c) The Legislature also finds that providing early
  556  intervention and services, as well as quality child care and
  557  early education programs to support the healthy development of
  558  these young children, can have positive effects that last
  559  throughout childhood and into adulthood.
  560         (d) The Legislature also finds that the needs of each of
  561  these children are unique, and while some children may be best
  562  served by a quality child care or early education program,
  563  others may need more attention and nurturing that can best be
  564  provided by a stay-at-home caregiver The Legislature recognizes
  565  that children who are in the care of the state due to abuse,
  566  neglect, or abandonment are at increased risk of poor school
  567  performance and other behavioral and social problems.
  568         (e) It is the intent of the Legislature that children who
  569  are currently in out-of-home the care of the state be provided
  570  with an age-appropriate developmental child care or early
  571  education arrangement that is in the best interest of the child
  572  education program to help ameliorate the negative consequences
  573  of abuse, neglect, or abandonment.
  574         (3) REQUIREMENTS.—
  575         1. A child from birth to the age of school entry, who is
  576  under court-ordered protective supervision or in out-of-home
  577  care and is the custody of the Family Safety Program Office of
  578  the Department of Children and Families or a community-based
  579  lead agency, and enrolled in an a licensed early education or
  580  child care program must attend the program 5 days a week unless
  581  the court grants an exception due to the court determining it is
  582  in the best interest of a child from birth to age 3 years:
  583         a. With a stay-at-home caregiver to remain at home.
  584         b. With a caregiver who works less than full time to attend
  585  an early education or child care program fewer than 5 days a
  586  week.
  587         2. Notwithstanding s. 39.202, the department of Children
  588  and Families must notify operators of an the licensed early
  589  education or child care program, subject to the reporting
  590  requirements of this act, of the enrollment of any child from
  591  birth to the age of school entry, under court-ordered protective
  592  supervision or in out-of-home care. If the custody of the Family
  593  Safety Program Office of the Department of Children and Families
  594  or a community-based lead agency. When a child is enrolled in an
  595  early education or child care program regulated by the
  596  department, the child’s attendance in the program must be a
  597  required task action in the safety plan or the case plan
  598  developed for the child pursuant to this chapter. An exemption
  599  to participating in the licensed early education or child care
  600  program 5 days a week may be granted by the court.
  601         (4) ATTENDANCE AND REPORTING REQUIREMENTS.—
  602         1.(a) A child enrolled in an a licensed early education or
  603  child care program who meets the requirements of paragraph (b)
  604  subsection (3) may not be withdrawn from the program without the
  605  prior written approval of the department Family Safety Program
  606  Office of the Department of Children and Families or the
  607  community-based care lead agency.
  608         2.a.(b)1. If a child covered by this section is absent from
  609  the program on a day when he or she is supposed to be present,
  610  the person with whom the child resides must report the absence
  611  to the program by the end of the business day. If the person
  612  with whom the child resides, whether the parent or caregiver,
  613  fails to timely report the absence, the absence is considered to
  614  be unexcused. The program shall report any unexcused absence or
  615  seven consecutive excused absences of a child who is enrolled in
  616  the program and covered by this act to the local designated
  617  staff of the Family Safety Program Office of the department of
  618  Children and Families or the community-based care lead agency by
  619  the end of the business day following the unexcused absence or
  620  seventh consecutive excused absence.
  621         b.2. The department or community-based care lead agency
  622  shall conduct a site visit to the residence of the child upon
  623  receiving a report of two consecutive unexcused absences or
  624  seven consecutive excused absences.
  625         c.3. If the site visit results in a determination that the
  626  child is missing, the department or community-based care lead
  627  agency shall follow the procedure set forth in s. 39.0141 report
  628  the child as missing to a law enforcement agency and proceed
  629  with the necessary actions to locate the child pursuant to
  630  procedures for locating missing children.
  631         d.4. If the site visit results in a determination that the
  632  child is not missing, the parent or caregiver shall be notified
  633  that failure to ensure that the child attends the licensed early
  634  education or child care program is a violation of the safety
  635  plan or the case plan. If more than two site visits are
  636  conducted pursuant to this subsection, staff shall initiate
  637  action to notify the court of the parent or caregiver’s
  638  noncompliance with the case plan.
  639         (5) EDUCATIONAL STABILITY.—Just as educational stability is
  640  important for school-age children, it is also important to
  641  minimize disruptions to secure attachments and stable
  642  relationships with supportive caregivers of children from birth
  643  to school age and to ensure that these attachments are not
  644  disrupted due to placement in out-of-home care or subsequent
  645  changes in out-of-home placement.
  646         (a) A child must be allowed to remain in the child care or
  647  early educational setting that he or she attended before entry
  648  into out-of-home care, unless the program is not in the best
  649  interest of the child.
  650         (b) If it is not in the best interest of the child for him
  651  or her to remain in his or her child care or early education
  652  setting upon entry into out-of-home care, the caregiver must
  653  work with the case manager, guardian ad litem, child care and
  654  educational staff, and educational surrogate, if one has been
  655  appointed, to determine the best setting for the child. Such
  656  setting may be a child care provider that receives a Gold Seal
  657  Quality Care designation pursuant to s. 402.281, a provider
  658  participating in a quality rating system, a licensed child care
  659  provider, a public school provider, or a license-exempt child
  660  care provider, including religious-exempt and registered
  661  providers, and non-public schools.
  662         (c) The department and providers of early care and
  663  education shall develop protocols to ensure continuity if
  664  children are required to leave a program because of a change in
  665  out-of-home placement.
  666         (6) TRANSITIONS.—In the absence of an emergency, if a child
  667  from birth to school age leaves a child care or early education
  668  program, the transition must be pursuant to a plan that involves
  669  cooperation and sharing of information among all persons
  670  involved, that respects the child’s developmental stage and
  671  associated psychological needs, and that allows for a gradual
  672  transition from one setting to another.
  673         Section 9. Paragraph (b) of subsection (6) and subsection
  674  (7) of section 39.6251, Florida Statutes, are amended to read:
  675         39.6251 Continuing care for young adults.—
  676         (6) A young adult who is between the ages of 18 and 21 and
  677  who has left care may return to care by applying to the
  678  community-based care lead agency for readmission. The community
  679  based care lead agency shall readmit the young adult if he or
  680  she continues to meet the eligibility requirements in this
  681  section.
  682         (b) Within 30 days after the young adult has been
  683  readmitted to care, the community-based care lead agency shall
  684  assign a case manager to update the case plan and the transition
  685  plan and to arrange for the required services. Updates to the
  686  case plan and the transition plan and arrangements for the
  687  required services Such activities shall be undertaken in
  688  consultation with the young adult. The department shall petition
  689  the court to reinstate jurisdiction over the young adult.
  690  Notwithstanding s. 39.013(2), the court shall resume
  691  jurisdiction over the young adult if the department establishes
  692  that he or she continues to meet the eligibility requirements in
  693  this section.
  694         (7) During each period of time that a young adult is in
  695  care, the community-based lead agency shall provide regular case
  696  management reviews that must include at least monthly contact
  697  with the case manager. If a young adult lives outside the
  698  service area of his or her community-based care lead agency,
  699  monthly contact may occur by telephone.
  700         Section 10. Paragraph (c) of subsection (2) of section
  701  39.701, Florida Statutes, is amended to read:
  702         39.701 Judicial review.—
  703         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  704  AGE.—
  705         (c) Review determinations.—The court and any citizen review
  706  panel shall take into consideration the information contained in
  707  the social services study and investigation and all medical,
  708  psychological, and educational records that support the terms of
  709  the case plan; testimony by the social services agency, the
  710  parent, the foster parent or legal custodian, the guardian ad
  711  litem or surrogate parent for educational decisionmaking if one
  712  has been appointed for the child, and any other person deemed
  713  appropriate; and any relevant and material evidence submitted to
  714  the court, including written and oral reports to the extent of
  715  their probative value. These reports and evidence may be
  716  received by the court in its effort to determine the action to
  717  be taken with regard to the child and may be relied upon to the
  718  extent of their probative value, even though not competent in an
  719  adjudicatory hearing. In its deliberations, the court and any
  720  citizen review panel shall seek to determine:
  721         1. If the parent was advised of the right to receive
  722  assistance from any person or social service agency in the
  723  preparation of the case plan.
  724         2. If the parent has been advised of the right to have
  725  counsel present at the judicial review or citizen review
  726  hearings. If not so advised, the court or citizen review panel
  727  shall advise the parent of such right.
  728         3. If a guardian ad litem needs to be appointed for the
  729  child in a case in which a guardian ad litem has not previously
  730  been appointed or if there is a need to continue a guardian ad
  731  litem in a case in which a guardian ad litem has been appointed.
  732         4. Who holds the rights to make educational decisions for
  733  the child. If appropriate, the court may refer the child to the
  734  district school superintendent for appointment of a surrogate
  735  parent or may itself appoint a surrogate parent under the
  736  Individuals with Disabilities Education Act and s. 39.0016. If
  737  the child is under the age of school entry, the court must make
  738  the appointment.
  739         5. The compliance or lack of compliance of all parties with
  740  applicable items of the case plan, including the parents’
  741  compliance with child support orders.
  742         6. The compliance or lack of compliance with a visitation
  743  contract between the parent and the social service agency for
  744  contact with the child, including the frequency, duration, and
  745  results of the parent-child visitation and the reason for any
  746  noncompliance.
  747         7. The frequency, kind, and duration of contacts among
  748  siblings who have been separated during placement, as well as
  749  any efforts undertaken to reunite separated siblings if doing so
  750  is in the best interest of the child.
  751         8. The compliance or lack of compliance of the parent in
  752  meeting specified financial obligations pertaining to the care
  753  of the child, including the reason for failure to comply, if
  754  applicable.
  755         9. Whether the child is receiving safe and proper care
  756  according to s. 39.6012, including, but not limited to, the
  757  appropriateness of the child’s current placement, including
  758  whether the child is in a setting that is as family-like and as
  759  close to the parent’s home as possible, consistent with the
  760  child’s best interests and special needs, and including
  761  maintaining stability in the child’s educational placement, as
  762  documented by assurances from the community-based care provider
  763  that:
  764         a. The placement of the child takes into account the
  765  appropriateness of the current educational setting and the
  766  proximity to the school in which the child is enrolled at the
  767  time of placement.
  768         b. The community-based care agency has coordinated with
  769  appropriate local educational agencies to ensure that the child
  770  remains in the school in which the child is enrolled at the time
  771  of placement.
  772         10. Whether the department or community-based care lead
  773  agency continues to reasonably engage in family finding. The
  774  level of reasonableness is determined by the length of the case
  775  and amount of time the department or community-based care lead
  776  agency has had to continue the process.
  777         11. 10. A projected date likely for the child’s return home
  778  or other permanent placement.
  779         12. 11. When appropriate, the basis for the unwillingness
  780  or inability of the parent to become a party to a case plan. The
  781  court and the citizen review panel shall determine if the
  782  efforts of the social service agency to secure party
  783  participation in a case plan were sufficient.
  784         13. 12. For a child who has reached 13 years of age but is
  785  not yet 18 years of age, the adequacy of the child’s preparation
  786  for adulthood and independent living. For a child who is 15
  787  years of age or older, the court shall determine if appropriate
  788  steps are being taken for the child to obtain a driver license
  789  or learner’s driver license.
  790         14. 13. If amendments to the case plan are required.
  791  Amendments to the case plan must be made as provided in under s.
  792  39.6013.
  793         Section 11. Subsections (4) and (5) of section 409.166,
  794  Florida Statutes, are amended to read:
  795         409.166 Children within the child welfare system; adoption
  796  assistance program.—
  797         (4) ADOPTION ASSISTANCE.—
  798         (a)For purposes of administering payments under paragraph
  799  (d), the term:
  800         1.“Child” means an individual who has not attained 21
  801  years of age.
  802         2.“Young adult” means an individual who has attained 18
  803  years of age but who has not attained 21 years of age.
  804         (b)(a) A maintenance subsidy shall be granted only when all
  805  other resources available to a child have been thoroughly
  806  explored and it can be clearly established that this is the most
  807  acceptable plan for providing permanent placement for the child.
  808  The maintenance subsidy may not be used as a substitute for
  809  adoptive parent recruitment or as an inducement to adopt a child
  810  who might be placed without providing a subsidy. However, it
  811  shall be the policy of the department that no child be denied
  812  adoption if providing a maintenance subsidy would make adoption
  813  possible. The best interest of the child shall be the deciding
  814  factor in every case. This section does not prohibit foster
  815  parents from applying to adopt a child placed in their care.
  816  Foster parents or relative caregivers must be asked if they
  817  would adopt without a maintenance subsidy.
  818         (c)(b) The department shall provide adoption assistance to
  819  the adoptive parents, subject to specific appropriation, in the
  820  amount of $5,000 annually, paid on a monthly basis, for the
  821  support and maintenance of a child until the 18th birthday of
  822  such child or in an amount other than $5,000 annually as
  823  determined by the adoptive parents and the department and
  824  memorialized in a written agreement between the adoptive parents
  825  and the department. The agreement shall take into consideration
  826  the circumstances of the adoptive parents and the needs of the
  827  child being adopted. The amount of subsidy may be adjusted based
  828  upon changes in the needs of the child or circumstances of the
  829  adoptive parents. Changes may shall not be made without the
  830  concurrence of the adoptive parents. However, in no case shall
  831  the amount of the monthly payment exceed the foster care
  832  maintenance payment that would have been paid during the same
  833  period if the child had been in a foster family home.
  834         (d)Effective January 1, 2019, adoption assistance payments
  835  may be made for a child whose adoptive parent entered into an
  836  adoption assistance agreement after the child reached 16 years
  837  of age but before the child reached 18 years of age if the child
  838  is:
  839         1.Completing secondary education or a program leading to
  840  an equivalent credential;
  841         2.Enrolled in an institution that provides postsecondary
  842  or vocational education;
  843         3.Participating in a program or activity designed to
  844  promote or eliminate barriers to employment;
  845         4.Employed for at least 80 hours per month; or
  846         5.Unable to participate in programs or activities listed
  847  in subparagraphs 1.-4. full time due to a physical,
  848  intellectual, emotional, or psychiatric condition that limits
  849  participation. Any such barrier to participation must be
  850  supported by documentation in the child’s case file or school or
  851  medical records.
  852         (e)A child or young adult receiving benefits through the
  853  adoption assistance program is not eligible to simultaneously
  854  receive relative caregiver benefits under s. 39.5085 or
  855  postsecondary education services and support under s. 409.1451.
  856         (f)(c) The department may provide adoption assistance to
  857  the adoptive parents, subject to specific appropriation, for
  858  medical assistance initiated after the adoption of the child for
  859  medical, surgical, hospital, and related services needed as a
  860  result of a physical or mental condition of the child which
  861  existed before the adoption and is not covered by Medicaid,
  862  Children’s Medical Services, or Children’s Mental Health
  863  Services. Such assistance may be initiated at any time but shall
  864  terminate on or before the child’s 18th birthday.
  865         (5) ELIGIBILITY FOR SERVICES.—
  866         (a) As a condition of providing adoption assistance under
  867  this section and before the adoption is finalized, the adoptive
  868  parents must have an approved adoption home study and must enter
  869  into an adoption-assistance agreement with the department which
  870  specifies the financial assistance and other services to be
  871  provided.
  872         (b) A child who is handicapped at the time of adoption is
  873  shall be eligible for services through the Children’s Medical
  874  Services network established under part I of chapter 391 if the
  875  child was eligible for such services before prior to the
  876  adoption.
  877         Section 12. Effective January 1, 2019, paragraph (b) of
  878  subsection (1) of section 414.045, Florida Statutes, is amended
  879  to read:
  880         414.045 Cash assistance program.—Cash assistance families
  881  include any families receiving cash assistance payments from the
  882  state program for temporary assistance for needy families as
  883  defined in federal law, whether such funds are from federal
  884  funds, state funds, or commingled federal and state funds. Cash
  885  assistance families may also include families receiving cash
  886  assistance through a program defined as a separate state
  887  program.
  888         (1) For reporting purposes, families receiving cash
  889  assistance shall be grouped into the following categories. The
  890  department may develop additional groupings in order to comply
  891  with federal reporting requirements, to comply with the data
  892  reporting needs of the board of directors of CareerSource
  893  Florida, Inc., or to better inform the public of program
  894  progress.
  895         (b) Child-only cases.—Child-only cases include cases that
  896  do not have an adult or teen head of household as defined in
  897  federal law. Such cases include:
  898         1. Children in the care of caretaker relatives, if the
  899  caretaker relatives choose to have their needs excluded in the
  900  calculation of the amount of cash assistance.
  901         2. Families in the Kinship Care Relative Caregiver Program
  902  as provided in s. 39.5085.
  903         3. Families in which the only parent in a single-parent
  904  family or both parents in a two-parent family receive
  905  supplemental security income (SSI) benefits under Title XVI of
  906  the Social Security Act, as amended. To the extent permitted by
  907  federal law, individuals receiving SSI shall be excluded as
  908  household members in determining the amount of cash assistance,
  909  and such cases shall not be considered families containing an
  910  adult. Parents or caretaker relatives who are excluded from the
  911  cash assistance group due to receipt of SSI may choose to
  912  participate in work activities. An individual whose ability to
  913  participate in work activities is limited who volunteers to
  914  participate in work activities shall be assigned to work
  915  activities consistent with such limitations. An individual who
  916  volunteers to participate in a work activity may receive child
  917  care or support services consistent with such participation.
  918         4. Families in which the only parent in a single-parent
  919  family or both parents in a two-parent family are not eligible
  920  for cash assistance due to immigration status or other
  921  limitation of federal law. To the extent required by federal
  922  law, such cases shall not be considered families containing an
  923  adult.
  924         5. To the extent permitted by federal law and subject to
  925  appropriations, special needs children who have been adopted
  926  pursuant to s. 409.166 and whose adopting family qualifies as a
  927  needy family under the state program for temporary assistance
  928  for needy families. Notwithstanding any provision to the
  929  contrary in s. 414.075, s. 414.085, or s. 414.095, a family
  930  shall be considered a needy family if:
  931         a. The family is determined by the department to have an
  932  income below 200 percent of the federal poverty level;
  933         b. The family meets the requirements of s. 414.095(2) and
  934  (3) related to residence, citizenship, or eligible noncitizen
  935  status; and
  936         c. The family provides any information that may be
  937  necessary to meet federal reporting requirements specified under
  938  Part A of Title IV of the Social Security Act.
  939  
  940         Families described in subparagraph 1., subparagraph 2., or
  941  subparagraph 3. may receive child care assistance or other
  942  supports or services so that the children may continue to be
  943  cared for in their own homes or in the homes of relatives. Such
  944  assistance or services may be funded from the temporary
  945  assistance for needy families block grant to the extent
  946  permitted under federal law and to the extent funds have been
  947  provided in the General Appropriations Act.
  948         Section 13. Paragraph (d) of subsection (1) of section
  949  1009.25, Florida Statutes, is amended to read:
  950         1009.25 Fee exemptions.—
  951         (1) The following students are exempt from the payment of
  952  tuition and fees, including lab fees, at a school district that
  953  provides workforce education programs, Florida College System
  954  institution, or state university:
  955         (d) A student who is or was at the time he or she reached
  956  18 years of age in the custody of a kinship caregiver relative
  957  or nonrelative under s. 39.5085 or who was adopted from the
  958  Department of Children and Families after May 5, 1997. Such
  959  exemption includes fees associated with enrollment in applied
  960  academics for adult education instruction. The exemption remains
  961  valid until the student reaches 28 years of age.
  962         Section 14. The Department of Children and Families shall
  963  establish and operate a pilot Title IV-E Guardianship Assistance
  964  Program in two circuits in Florida effective August 1, 2018. The
  965  program will provide payments at a rate of $333 per month for
  966  persons who meet the Title IV-E eligibility requirements as
  967  outlined in s. 473(d)(1)(A) of the Social Security Act.
  968         (a) For purposes of administering this program, the term:
  969         1. “Child” means an individual who has not attained 21
  970  years of age.
  971         2. “Young adult” means an individual who has attained 18
  972  years of age but who has not attained 21 years of age.
  973         3. “Fictive kin” means a person unrelated by birth,
  974  marriage, or adoption who has an emotionally significant
  975  relationship, which possesses the characteristics of a family
  976  relationship, to a child.
  977         (b) Caregivers enrolled in the Relative Caregiver or
  978  Nonrelative Caregiver Program prior to August 1, 2018, are not
  979  eligible to participate in the Title IV-E Guardianship
  980  Assistance Program pilot. Effective August 1, 2018, eligible
  981  caregivers enrolled in the pilot may not simultaneously have
  982  payments made on the child’s behalf through the Relative
  983  Caregiver Program under s. 39.5085, postsecondary education
  984  services and supports under s. 409.1451, or child-only cash
  985  assistance under chapter 414.
  986         (c) Notwithstanding s. 39.5085, in the two circuits where
  987  the Title IV-E Guardianship Assistance Program pilot is
  988  established, the Relative Caregiver Program will discontinue
  989  accepting applications effective July 31, 2018.
  990         (d) Notwithstanding s. 409.145(4), in the two circuits
  991  where the Title IV-E Guardianship Assistance Program pilot is
  992  established, the room and board rate for guardians who are
  993  eligible for the program will be $333 per month.
  994         (e) Notwithstanding s. 409.175(11)(a), in the two circuits
  995  where the Title IV-E Guardianship Assistance Program pilot is
  996  established, an exception of licensing standards may be provided
  997  for those standards where a waiver has been granted.
  998         Section 15. Except as otherwise expressly provided in this
  999  act, this act shall take effect July 1, 2018.
 1000  
 1001  ================= T I T L E  A M E N D M E N T ================
 1002  And the title is amended as follows:
 1003         Delete everything before the enacting clause
 1004  and insert:
 1005                      A bill to be entitled to                     
 1006         An act relating to child welfare; creating s. 39.4015,
 1007         F.S.; providing legislative findings and intent;
 1008         defining terms; requiring the Department of Children
 1009         and Families, in collaboration with sheriffs’ offices
 1010         that conduct child protective investigations and
 1011         community-based care lead agencies, to develop a
 1012         statewide family-finding program; requiring the
 1013         implementation of family finding by a specified date;
 1014         requiring the department and community-based care lead
 1015         agencies to document strategies taken to engage
 1016         relatives and kin; providing strategies to engage
 1017         relatives and kin; requiring the department and
 1018         community-based care lead agencies to use diligent
 1019         efforts in family finding; providing that certain
 1020         actions do not constitute family finding; requiring
 1021         determinations by the court; requiring the department
 1022         to adopt rules; amending s. 39.402, F.S.; requiring
 1023         the court to request that parents consent to providing
 1024         access to additional records; requiring a judge to
 1025         appoint a surrogate parent for certain children;
 1026         requiring the court to place on the record its
 1027         determinations regarding the department’s or the
 1028         community-based lead agency’s reasonable engagement in
 1029         family finding; providing guidelines for determining
 1030         reasonableness; amending ss. 39.506; requiring the
 1031         court to make a determination regarding the
 1032         department’s or the community-based lead agency’s
 1033         reasonable engagement in family finding; providing
 1034         guidelines for determining reasonableness; amending s.
 1035         39.507 F.S.; requiring the court to make a
 1036         determination regarding the department’s or the
 1037         community-based lead agency’s reasonable engagement in
 1038         family finding; providing guidelines for determining
 1039         reasonableness; requiring the court to advise parents
 1040         that their parental rights may be terminated and the
 1041         child’s out-of-home placement may become permanent
 1042         under certain circumstances; amending s. 39.5085,
 1043         F.S.; providing legislative findings and intent;
 1044         defining terms; requiring the department to provide
 1045         financial assistance to kinship caregivers who meet
 1046         certain requirements; providing eligibility criteria
 1047         for such financial assistance; providing that children
 1048         living with caregivers who are receiving financial
 1049         assistance are eligible for Medicaid coverage;
 1050         providing the purpose of a kinship navigator program;
 1051         requiring each community-based care lead agency to
 1052         establish a kinship navigator program by a certain
 1053         date; providing requirements for programs; requiring
 1054         the department to adopt rules; deleting provisions
 1055         related to the Relative Caregiver Program; amending s.
 1056         39.521, F.S.; requiring the court to make a
 1057         determination regarding the department’s or the
 1058         community-based lead agency’s reasonable engagement in
 1059         family finding ; providing guidelines for determining
 1060         reasonableness; conforming provisions to changes made
 1061         by the act; amending s. 39.6012, F.S.; revising the
 1062         types of records that must be attached to a case plan
 1063         and updated throughout the judicial review process;
 1064         requiring that documentation of the family-finding
 1065         efforts of the department and the community-based care
 1066         lead agency be included in certain case plans;
 1067         amending s. 39.604, F.S.; revising legislative
 1068         findings and intent; revising enrollment and
 1069         attendance requirements for children in an early
 1070         education or child care program; conforming cross
 1071         references; providing requirements and procedures for
 1072         maintaining the educational stability of a child
 1073         during the child’s placement in out-of-home care, or
 1074         subsequent changes in out-of-home placement; requiring
 1075         that a child’s transition from a child care or early
 1076         education program be pursuant to a plan that meets
 1077         certain requirements; amending s. 39.6251, F.S.;
 1078         requiring the case manager for a young adult in foster
 1079         care to consult with the young adult when updating the
 1080         case plan and the transition plan and arrangements;
 1081         deleting a provision authorizing case management
 1082         reviews to be conducted by telephone under certain
 1083         circumstances; amending s. 39.701, F.S.; requiring the
 1084         court to appoint a surrogate parent if the child is
 1085         under the age of school entry; requiring the court to
 1086         determine if the department and community-based lead
 1087         agency has continued to reasonably engaged in family
 1088         finding; providing guidelines for determining the
 1089         level of reasonableness; amending s. 409.166, F.S.;
 1090         defining terms; providing conditions for the
 1091         department to provide adoption assistance payments to
 1092         adoptive parents of certain children; providing that
 1093         children and young adults receiving benefits through
 1094         the adoption assistance program are ineligible for
 1095         other specified benefits and services; providing
 1096         additional conditions for eligibility for adoption
 1097         assistance; amending ss. 414.045 and 1009.25, F.S.;
 1098         conforming provisions to changes made by the act;
 1099         requiring the Department of Children and Families to
 1100         create a pilot Title IV-E Guardianship Assistance
 1101         Program; providing definitions; specifying eligibility
 1102         and limitations;
 1103