Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 1650
Ì234018ÉÎ234018
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Health Policy (Albritton) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (37) of section 39.01, Florida
6 Statutes, is amended to read:
7 39.01 Definitions.—When used in this chapter, unless the
8 context otherwise requires:
9 (37) “Institutional child abuse or neglect” means
10 situations of known or suspected child abuse or neglect in which
11 the person allegedly perpetrating the child abuse or neglect is
12 an employee of a public or private school, public or private day
13 care center, residential home, institution, facility, or agency
14 or any other person at such institution responsible for the
15 child’s care as defined in this section subsection (54).
16 Section 2. Paragraph (d) of subsection (2) of section
17 39.4015, Florida Statutes, is amended to read:
18 39.4015 Family finding.—
19 (2) DEFINITIONS.—As used in this section, the term:
20 (d) “Fictive kin” means an individual who is unrelated to
21 the child by either birth or marriage, but has such a close
22 emotional relationship with the child that he or she may be
23 considered part of the family.
24 Section 3. Paragraph (h) of subsection (8) of section
25 39.402, Florida Statutes, is amended to read:
26 39.402 Placement in a shelter.—
27 (8)
28 (h) The order for placement of a child in shelter care must
29 identify the parties present at the hearing and must contain
30 written findings:
31 1. That placement in shelter care is necessary based on the
32 criteria in subsections (1) and (2).
33 2. That placement in shelter care is in the best interest
34 of the child.
35 3. That continuation of the child in the home is contrary
36 to the welfare of the child because the home situation presents
37 a substantial and immediate danger to the child’s physical,
38 mental, or emotional health or safety which cannot be mitigated
39 by the provision of preventive services.
40 4. That based upon the allegations of the petition for
41 placement in shelter care, there is probable cause to believe
42 that the child is dependent or that the court needs additional
43 time, which may not exceed 72 hours, in which to obtain and
44 review documents pertaining to the family in order to
45 appropriately determine the risk to the child.
46 5. That the department has made reasonable efforts to
47 prevent or eliminate the need for removal of the child from the
48 home. A finding of reasonable effort by the department to
49 prevent or eliminate the need for removal may be made and the
50 department is deemed to have made reasonable efforts to prevent
51 or eliminate the need for removal if:
52 a. The first contact of the department with the family
53 occurs during an emergency;
54 b. The appraisal of the home situation by the department
55 indicates that the home situation presents a substantial and
56 immediate danger to the child’s physical, mental, or emotional
57 health or safety which cannot be mitigated by the provision of
58 preventive services;
59 c. The child cannot safely remain at home, either because
60 there are no preventive services that can ensure the health and
61 safety of the child or because, even with appropriate and
62 available services being provided, the health and safety of the
63 child cannot be ensured; or
64 d. The parent or legal custodian is alleged to have
65 committed any of the acts listed as grounds for expedited
66 termination of parental rights in s. 39.806(1)(f)-(i).
67 6. That the department has made reasonable efforts to keep
68 siblings together if they are removed and placed in out-of-home
69 care unless such placement is not in the best interest of each
70 child. It is preferred that siblings be kept together in a
71 foster home, if available. Other reasonable efforts shall
72 include short-term placement in a group home with the ability to
73 accommodate sibling groups if such a placement is available. The
74 department shall report to the court its efforts to place
75 siblings together unless the court finds that such placement is
76 not in the best interest of a child or his or her sibling.
77 7. That the court notified the parents, relatives that are
78 providing out-of-home care for the child, or legal custodians of
79 the time, date, and location of the next dependency hearing and
80 of the importance of the active participation of the parents,
81 relatives that are providing out-of-home care for the child, or
82 legal custodians in all proceedings and hearings.
83 8. That the court notified the parents or legal custodians
84 of their right to counsel to represent them at the shelter
85 hearing and at each subsequent hearing or proceeding, and the
86 right of the parents to appointed counsel, pursuant to the
87 procedures set forth in s. 39.013.
88 9. That the court notified relatives who are providing out
89 of-home care for a child as a result of the shelter petition
90 being granted that they have the right to attend all subsequent
91 hearings, to submit reports to the court, and to speak to the
92 court regarding the child, if they so desire.
93 10. That the department has placement and care
94 responsibility for any child who is not placed in the care of a
95 parent at the conclusion of the shelter hearing.
96 Section 4. Subsection (3) and paragraphs (g), (h), and (i)
97 of subsection (6) of section 39.407, Florida Statutes, are
98 amended to read:
99 39.407 Medical, psychiatric, and psychological examination
100 and treatment of child; physical, mental, or substance abuse
101 examination of person with or requesting child custody.—
102 (3)(a)1. Except as otherwise provided in subparagraph (b)1.
103 or paragraph (e), before the department provides psychotropic
104 medications to a child in its custody, the prescribing physician
105 or the advanced practice registered nurse whose specialty is
106 psychiatric nursing, as defined in chapter 394, and who is given
107 prescribing authority pursuant to chapter 464 shall attempt to
108 obtain express and informed consent, as defined in s.
109 394.455(15) and as described in s. 394.459(3)(a), from the
110 child’s parent or legal guardian. The department must take steps
111 necessary to facilitate the inclusion of the parent in the
112 child’s consultation with the physician or advanced practice
113 registered nurse. However, if the parental rights of the parent
114 have been terminated, the parent’s location or identity is
115 unknown or cannot reasonably be ascertained, or the parent
116 declines to give express and informed consent, the department
117 may, after consultation with the prescribing physician or
118 advanced practice registered nurse, seek court authorization to
119 provide the psychotropic medications to the child. Unless
120 parental rights have been terminated and if it is possible to do
121 so, the department shall continue to involve the parent in the
122 decisionmaking process regarding the provision of psychotropic
123 medications. If, at any time, a parent whose parental rights
124 have not been terminated provides express and informed consent
125 to the provision of a psychotropic medication, the requirements
126 of this section that the department seek court authorization do
127 not apply to that medication until such time as the parent no
128 longer consents.
129 2. Any time the department seeks a medical evaluation to
130 determine the need to initiate or continue a psychotropic
131 medication for a child, the department must provide to the
132 evaluating physician or advanced practice registered nurse all
133 pertinent medical information known to the department concerning
134 that child.
135 (b)1. If a child who is removed from the home under s.
136 39.401 is receiving prescribed psychotropic medication at the
137 time of removal and parental authorization to continue providing
138 the medication cannot be obtained, the department may take
139 possession of the remaining medication and may continue to
140 provide the medication as prescribed until the shelter hearing,
141 if it is determined that the medication is a current
142 prescription for that child and the medication is in its
143 original container.
144 2. If the department continues to provide the psychotropic
145 medication to a child when parental authorization cannot be
146 obtained, the department shall notify the parent or legal
147 guardian as soon as possible that the medication is being
148 provided to the child as provided in subparagraph 1. The child’s
149 official departmental record must include the reason parental
150 authorization was not initially obtained and an explanation of
151 why the medication is necessary for the child’s well-being.
152 3. If the department is advised by a physician licensed
153 under chapter 458 or chapter 459 or an advanced practice
154 registered nurse whose specialty is psychiatric nursing, as
155 defined in chapter 394, and who is given prescribing authority
156 pursuant to chapter 464 that the child should continue the
157 psychotropic medication and parental authorization has not been
158 obtained, the department shall request court authorization at
159 the shelter hearing to continue to provide the psychotropic
160 medication and shall provide to the court any information in its
161 possession in support of the request. Any authorization granted
162 at the shelter hearing may extend only until the arraignment
163 hearing on the petition for adjudication of dependency or 28
164 days following the date of removal, whichever occurs sooner.
165 4. Before filing the dependency petition, the department
166 shall ensure that the child is evaluated by a physician licensed
167 under chapter 458 or chapter 459 or an advanced practice
168 registered nurse whose specialty is psychiatric nursing, as
169 defined in chapter 394, and who is given prescribing authority
170 pursuant to chapter 464 to determine whether it is appropriate
171 to continue the psychotropic medication. If, as a result of the
172 evaluation, the department seeks court authorization to continue
173 the psychotropic medication, a motion for such continued
174 authorization shall be filed at the same time as the dependency
175 petition, within 21 days after the shelter hearing.
176 (c) Except as provided in paragraphs (b) and (e), the
177 department must file a motion seeking the court’s authorization
178 to initially provide or continue to provide psychotropic
179 medication to a child in its legal custody. The motion must be
180 supported by a written report prepared by the department which
181 describes the efforts made to enable the prescribing physician
182 or advanced practice registered nurse whose specialty is
183 psychiatric nursing, as defined in chapter 394, and who is given
184 prescribing authority pursuant to chapter 464 to obtain express
185 and informed consent for providing the medication to the child
186 and other treatments considered or recommended for the child. In
187 addition, the motion must be supported by the prescribing
188 physician’s or advanced practice registered nurse’s signed
189 medical report providing:
190 1. The name of the child, the name and range of the dosage
191 of the psychotropic medication, and that there is a need to
192 prescribe psychotropic medication to the child based upon a
193 diagnosed condition for which such medication is being
194 prescribed.
195 2. A statement indicating that the physician has reviewed
196 all medical information concerning the child which has been
197 provided.
198 3. A statement indicating that the psychotropic medication,
199 at its prescribed dosage, is appropriate for treating the
200 child’s diagnosed medical condition, as well as the behaviors
201 and symptoms the medication, at its prescribed dosage, is
202 expected to address.
203 4. An explanation of the nature and purpose of the
204 treatment; the recognized side effects, risks, and
205 contraindications of the medication; drug-interaction
206 precautions; the possible effects of stopping the medication;
207 and how the treatment will be monitored, followed by a statement
208 indicating that this explanation was provided to the child if
209 age appropriate and to the child’s caregiver.
210 5. Documentation addressing whether the psychotropic
211 medication will replace or supplement any other currently
212 prescribed medications or treatments; the length of time the
213 child is expected to be taking the medication; and any
214 additional medical, mental health, behavioral, counseling, or
215 other services that the prescribing physician or advanced
216 practice registered nurse recommends.
217 (d)1. The department must notify all parties of the
218 proposed action taken under paragraph (c) in writing or by
219 whatever other method best ensures that all parties receive
220 notification of the proposed action within 48 hours after the
221 motion is filed. If any party objects to the department’s
222 motion, that party shall file the objection within 2 working
223 days after being notified of the department’s motion. If any
224 party files an objection to the authorization of the proposed
225 psychotropic medication, the court shall hold a hearing as soon
226 as possible before authorizing the department to initially
227 provide or to continue providing psychotropic medication to a
228 child in the legal custody of the department. At such hearing
229 and notwithstanding s. 90.803, the medical report described in
230 paragraph (c) is admissible in evidence. The prescribing
231 physician or advanced practice registered nurse whose specialty
232 is psychiatric nursing, as defined in chapter 394, and who is
233 given prescribing authority pursuant to chapter 464 need not
234 attend the hearing or testify unless the court specifically
235 orders such attendance or testimony, or a party subpoenas the
236 physician or advanced practice registered nurse to attend the
237 hearing or provide testimony. If, after considering any
238 testimony received, the court finds that the department’s motion
239 and the physician’s or advanced practice registered nurse’s
240 medical report meet the requirements of this subsection and that
241 it is in the child’s best interests, the court may order that
242 the department provide or continue to provide the psychotropic
243 medication to the child without additional testimony or
244 evidence. At any hearing held under this paragraph, the court
245 shall further inquire of the department as to whether additional
246 medical, mental health, behavioral, counseling, or other
247 services are being provided to the child by the department which
248 the prescribing physician or advanced practice registered nurse
249 considers to be necessary or beneficial in treating the child’s
250 medical condition and which the physician or advanced practice
251 registered nurse recommends or expects to provide to the child
252 in concert with the medication. The court may order additional
253 medical consultation, including consultation with the MedConsult
254 line at the University of Florida, if available, or require the
255 department to obtain a second opinion within a reasonable
256 timeframe as established by the court, not to exceed 21 calendar
257 days, after such order based upon consideration of the best
258 interests of the child. The department must make a referral for
259 an appointment for a second opinion with a physician within 1
260 working day. The court may not order the discontinuation of
261 prescribed psychotropic medication if such order is contrary to
262 the decision of the prescribing physician or advanced practice
263 registered nurse unless the court first obtains an opinion from
264 a licensed psychiatrist, if available, or, if not available, a
265 physician licensed under chapter 458 or chapter 459, stating
266 that more likely than not, discontinuing the medication would
267 not cause significant harm to the child. If, however, the
268 prescribing psychiatrist specializes in mental health care for
269 children and adolescents, the court may not order the
270 discontinuation of prescribed psychotropic medication unless the
271 required opinion is also from a psychiatrist who specializes in
272 mental health care for children and adolescents. The court may
273 also order the discontinuation of prescribed psychotropic
274 medication if a child’s treating physician, licensed under
275 chapter 458 or chapter 459, states that continuing the
276 prescribed psychotropic medication would cause significant harm
277 to the child due to a diagnosed nonpsychiatric medical
278 condition.
279 2. The burden of proof at any hearing held under this
280 paragraph shall be by a preponderance of the evidence.
281 (e)1. If the child’s prescribing physician or advanced
282 practice registered nurse whose specialty is psychiatric
283 nursing, as defined in chapter 394, and who is given prescribing
284 authority pursuant to chapter 464 certifies in the signed
285 medical report required in paragraph (c) that delay in providing
286 a prescribed psychotropic medication would more likely than not
287 cause significant harm to the child, the medication may be
288 provided in advance of the issuance of a court order. In such
289 event, the medical report must provide the specific reasons why
290 the child may experience significant harm and the nature and the
291 extent of the potential harm. The department must submit a
292 motion seeking continuation of the medication and the
293 physician’s medical report to the court, the child’s guardian ad
294 litem, and all other parties within 3 working days after the
295 department commences providing the medication to the child. The
296 department shall seek the order at the next regularly scheduled
297 court hearing required under this chapter, or within 30 days
298 after the date of the prescription, whichever occurs sooner. If
299 any party objects to the department’s motion, the court shall
300 hold a hearing within 7 days.
301 2. Psychotropic medications may be administered in advance
302 of a court order in hospitals, crisis stabilization units, and
303 in statewide inpatient psychiatric programs. Within 3 working
304 days after the medication is begun, the department must seek
305 court authorization as described in paragraph (c).
306 (f)1. The department shall fully inform the court of the
307 child’s medical and behavioral status as part of the social
308 services report prepared for each judicial review hearing held
309 for a child for whom psychotropic medication has been prescribed
310 or provided under this subsection. As a part of the information
311 provided to the court, the department shall furnish copies of
312 all pertinent medical records concerning the child which have
313 been generated since the previous hearing. On its own motion or
314 on good cause shown by any party, including any guardian ad
315 litem, attorney, or attorney ad litem who has been appointed to
316 represent the child or the child’s interests, the court may
317 review the status more frequently than required in this
318 subsection.
319 2. The court may, in the best interests of the child, order
320 the department to obtain a medical opinion addressing whether
321 the continued use of the medication under the circumstances is
322 safe and medically appropriate.
323 (g) The department shall adopt rules to ensure that
324 children receive timely access to clinically appropriate
325 psychotropic medications. These rules must include, but need not
326 be limited to, the process for determining which adjunctive
327 services are needed, the uniform process for facilitating the
328 prescribing physician’s or advanced practice registered nurse’s
329 ability to obtain the express and informed consent of a child’s
330 parent or guardian, the procedures for obtaining court
331 authorization for the provision of a psychotropic medication,
332 the frequency of medical monitoring and reporting on the status
333 of the child to the court, how the child’s parents will be
334 involved in the treatment-planning process if their parental
335 rights have not been terminated, and how caretakers are to be
336 provided information contained in the physician’s or advanced
337 practice registered nurse’s signed medical report. The rules
338 must also include uniform forms to be used in requesting court
339 authorization for the use of a psychotropic medication and
340 provide for the integration of each child’s treatment plan and
341 case plan. The department must begin the formal rulemaking
342 process within 90 days after the effective date of this act.
343 (6) Children who are in the legal custody of the department
344 may be placed by the department, without prior approval of the
345 court, in a residential treatment center licensed under s.
346 394.875 or a hospital licensed under chapter 395 for residential
347 mental health treatment only pursuant to this section or may be
348 placed by the court in accordance with an order of involuntary
349 examination or involuntary placement entered pursuant to s.
350 394.463 or s. 394.467. All children placed in a residential
351 treatment program under this subsection must have a guardian ad
352 litem appointed.
353 (g)1. The department must submit, at the beginning of each
354 month, to the court having jurisdiction over the child, a
355 written report regarding the child’s progress toward achieving
356 the goals specified in the individualized plan of treatment.
357 2. The court must conduct a hearing to review the status of
358 the child’s residential treatment plan no later than 60 days 3
359 months after the child’s admission to the residential treatment
360 program. An independent review of the child’s progress toward
361 achieving the goals and objectives of the treatment plan must be
362 completed by a qualified evaluator and submitted to the court
363 before its 60-day 3-month review.
364 3. For any child in residential treatment at the time a
365 judicial review is held pursuant to s. 39.701, the child’s
366 continued placement in residential treatment must be a subject
367 of the judicial review.
368 4. If at any time the court determines that the child is
369 not suitable for continued residential treatment, the court
370 shall order the department to place the child in the least
371 restrictive setting that is best suited to meet his or her
372 needs.
373 (h) After the initial 60-day 3-month review, the court must
374 conduct a review of the child’s residential treatment plan every
375 90 days.
376 (i) The department must adopt rules for implementing
377 timeframes for the completion of suitability assessments by
378 qualified evaluators and a procedure that includes timeframes
379 for completing the 60-day 3-month independent review by the
380 qualified evaluators of the child’s progress toward achieving
381 the goals and objectives of the treatment plan which review must
382 be submitted to the court. The Agency for Health Care
383 Administration must adopt rules for the registration of
384 qualified evaluators, the procedure for selecting the evaluators
385 to conduct the reviews required under this section, and a
386 reasonable, cost-efficient fee schedule for qualified
387 evaluators.
388 Section 5. Present paragraphs (a) through (h) of subsection
389 (2) of section 39.5085, Florida Statutes, are redesignated as
390 paragraphs (b) through (i), respectively, paragraph (a) of
391 subsection (1) is amended, and a new paragraph (a) is added to
392 subsection (2) of that section, to read:
393 39.5085 Relative Caregiver Program.—
394 (1) It is the intent of the Legislature in enacting this
395 section to:
396 (a) Provide for the establishment of procedures and
397 protocols that serve to advance the continued safety of children
398 by acknowledging the valued resource uniquely available through
399 grandparents, relatives of children, and specified nonrelatives
400 of children pursuant to subparagraph (2)(b)3. (2)(a)3.
401 (2)
402 (a) Relatives or nonrelatives who are caring for a child
403 and do not meet the eligibility requirements for Level I
404 licensure under s. 409.175 may apply for the Relative Caregiver
405 Program.
406 Section 6. Paragraph (a) of subsection (1) of section
407 39.5086, Florida Statutes, is amended to read:
408 39.5086 Kinship navigator programs.—
409 (1) DEFINITIONS.—As used in this section, the term:
410 (a) “Fictive kin” has the same meaning as provided in s.
411 39.4015(2)(d).
412 Section 7. Subsections (6) and (10) of section 39.6225,
413 Florida Statutes, are amended to read:
414 39.6225 Guardianship Assistance Program.—
415 (6) Guardianship assistance benefits shall be terminated if
416 the guardian is no longer providing support to the child. For
417 purposes of this subsection, a guardian is considered to no
418 longer be providing support to the child if:
419 (a) The child is absent from the home of the guardian for a
420 period of at least 60 consecutive calendar days, unless the
421 child:
422 1. Is absent due to medical care, school attendance,
423 runaway status, or detention in a Department of Juvenile Justice
424 facility; and
425 2. Continues to be under the care and custody of the
426 guardian.
427 (b) The court modifies the placement of the child and the
428 guardian is no longer eligible to receive guardianship
429 assistance benefits.
430 (10) The case plan must describe the following for each
431 child with a permanency goal of permanent guardianship in which
432 the guardian is pursuing in receipt of guardianship assistance
433 payments:
434 (a) The manner in which the child meets program eligibility
435 requirements.
436 (b) The manner in which the department determined that
437 reunification or adoption is not appropriate.
438 (c) Efforts to discuss adoption with the child’s permanent
439 guardian.
440 (d) Efforts to discuss guardianship assistance with the
441 child’s parent or the reasons why efforts were not made.
442 (e) The reasons why a permanent placement with the
443 prospective guardian is in the best interest of the child.
444 (f) The reasons why the child is separated from his or her
445 siblings during placement, if applicable.
446 (g) Efforts to consult the child, if the child is 14 years
447 of age or older, regarding the permanent guardianship
448 arrangement.
449 Section 8. Subsections (2) and (3), paragraph (a) of
450 subsection (4), and subsection (6) of section 39.6251, Florida
451 Statutes, are amended, and subsection (10) is added to that
452 section, to read:
453 39.6251 Continuing care for young adults.—
454 (2) The primary goal for a child in care is permanency. A
455 child who is living in licensed care on his or her 18th birthday
456 and who has not achieved permanency under s. 39.621 is eligible
457 to remain in licensed care under the jurisdiction of the court
458 and in the care of the department. A child is eligible to remain
459 in licensed care if he or she is:
460 (a) Completing secondary education or a program leading to
461 an equivalent credential;
462 (b) Enrolled in an institution that provides postsecondary
463 or vocational education;
464 (c) Participating in a program or activity designed to
465 promote or eliminate barriers to employment;
466 (d) Employed for at least 80 hours per month; or
467 (e) Unable to participate in programs or activities listed
468 in paragraphs (a)-(d) full time due to a physical, intellectual,
469 emotional, or psychiatric condition that limits participation.
470 Any such barrier to participation must be supported by
471 documentation in the child’s case file or school or medical
472 records of a physical, intellectual, or psychiatric condition
473 that impairs the child’s ability to perform one or more life
474 activities.
475
476 The young adult must furnish documentation to the department or
477 lead agency of his or her participation in one of the programs
478 or activities listed in paragraphs (a)-(d), or his or her
479 inability to participate in one of the programs or activities as
480 provided in paragraph (e), or authorize the release of his or
481 her records to the department or lead agency.
482 (3) The permanency goal for a young adult who chooses to
483 remain in care past his or her 18th birthday is to transition to
484 independence from licensed care to independent living.
485 (4)(a) The young adult must reside in a supervised living
486 environment that is approved by the department or a community
487 based care lead agency. The young adult shall live
488 independently, but in an environment in which he or she is
489 provided supervision, case management, and supportive services
490 by the department or lead agency. Such an environment must offer
491 developmentally appropriate freedom and responsibility to
492 prepare the young adult for adulthood. For the purposes of this
493 subsection, a supervised living arrangement may include a
494 licensed foster home, licensed group home, college dormitory,
495 shared housing, apartment, or another housing arrangement if the
496 arrangement is approved by the community-based care lead agency
497 and is acceptable to the young adult, with first choice being a
498 licensed foster home. A young adult may continue to reside with
499 the same licensed foster family or group care provider with whom
500 he or she was residing at the time he or she reached the age of
501 18 years.
502 (6) A young adult who is between the ages of 18 and 21 and
503 who has left care may return to care by applying to the
504 community-based care lead agency for readmission through the
505 execution of a voluntary placement agreement. The community
506 based care lead agency shall readmit the young adult if he or
507 she continues to meet the eligibility requirements in this
508 section.
509 (a) The department shall develop a standard procedure and
510 application packet for readmission to care to be used by all
511 community-based care lead agencies.
512 (b) Within 30 days after the young adult has been
513 readmitted to care, the community-based care lead agency shall
514 assign a case manager to update the case plan and the transition
515 plan and to arrange for the required services. Updates to the
516 case plan and the transition plan and arrangements for the
517 required services shall be undertaken in consultation with the
518 young adult. The department shall petition the court to
519 reinstate jurisdiction over the young adult. Notwithstanding s.
520 39.013(2), the court shall resume jurisdiction over the young
521 adult if the department establishes that he or she continues to
522 meet the eligibility requirements in this section.
523 (10) The department shall adopt rules to administer this
524 section.
525 Section 9. Paragraph (d) of subsection (2) of section
526 39.701, Florida Statutes, is amended, and paragraphs (f) and (g)
527 are added to subsection (4) of that section, to read:
528 39.701 Judicial review.—
529 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
530 AGE.—
531 (d) Orders.—
532 1. Based upon the criteria set forth in paragraph (c) and
533 the recommended order of the citizen review panel, if any, the
534 court shall determine whether or not the social service agency
535 shall initiate proceedings to have a child declared a dependent
536 child, return the child to the parent, continue the child in
537 out-of-home care for a specified period of time, or initiate
538 termination of parental rights proceedings for subsequent
539 placement in an adoptive home. Amendments to the case plan must
540 be prepared as provided prescribed in s. 39.6013. If the court
541 finds that the prevention or reunification efforts of the
542 department will allow the child to remain safely at home or be
543 safely returned to the home, the court shall allow the child to
544 remain in or return to the home after making a specific finding
545 of fact that the reasons for the creation of the case plan have
546 been remedied to the extent that the child’s safety, well-being,
547 and physical, mental, and emotional health will not be
548 endangered.
549 2. The court shall return the child to the custody of his
550 or her the parents at any time it determines that the
551 circumstances which caused the out-of-home placement, and issues
552 subsequently identified, have been remedied to the extent that
553 return of the child to the home with an in-home safety plan
554 prepared or approved by the department that they have
555 substantially complied with the case plan, if the court is
556 satisfied that reunification will not be detrimental to the
557 child’s safety, well-being, and physical, mental, and emotional
558 health.
559 3. If, in the opinion of the court, the social service
560 agency has not complied with its obligations as specified in the
561 written case plan, the court may find the social service agency
562 in contempt, shall order the social service agency to submit its
563 plans for compliance with the agreement, and shall require the
564 social service agency to show why the child could not safely be
565 returned to the home of the parents.
566 4. If, at any judicial review, the court finds that the
567 parents have failed to substantially comply with the case plan
568 to the degree that further reunification efforts are without
569 merit and not in the best interest of the child, on its own
570 motion, the court may order the filing of a petition for
571 termination of parental rights, regardless of whether or not the
572 time period as contained in the case plan for substantial
573 compliance has expired.
574 5. Within 6 months after the date that the child was placed
575 in shelter care, the court shall conduct a judicial review
576 hearing to review the child’s permanency goal as identified in
577 the case plan. At the hearing the court shall make findings
578 regarding the likelihood of the child’s reunification with the
579 parent or legal custodian. In making such findings, the court
580 shall consider the level of the parent or legal custodian’s
581 compliance with the case plan and demonstrated change in
582 protective capacities compared to that necessary to achieve
583 timely reunification within 12 months after the removal of the
584 child from the home. The court shall also consider the
585 frequency, duration, manner, and level of engagement of the
586 parent or legal custodian’s visitation with the child in
587 compliance with the case plan. If the court makes a written
588 finding that it is not likely that the child will be reunified
589 with the parent or legal custodian within 12 months after the
590 child was removed from the home, the department must file with
591 the court, and serve on all parties, a motion to amend the case
592 plan under s. 39.6013 and declare that it will use concurrent
593 planning for the case plan. The department must file the motion
594 within 10 business days after receiving the written finding of
595 the court. The department must attach the proposed amended case
596 plan to the motion. If concurrent planning is already being
597 used, the case plan must document the efforts the department is
598 taking to complete the concurrent goal.
599 6. The court may issue a protective order in assistance, or
600 as a condition, of any other order made under this part. In
601 addition to the requirements included in the case plan, the
602 protective order may set forth requirements relating to
603 reasonable conditions of behavior to be observed for a specified
604 period of time by a person or agency who is before the court,;
605 and the order may require any person or agency to make periodic
606 reports to the court containing such information as the court in
607 its discretion may prescribe.
608 7. If, at any judicial review, the court determines that
609 the child shall remain in out-of-home care in a placement other
610 than with a parent, the court shall order that the department
611 has placement and care responsibility for the child.
612 (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During
613 each period of time that a young adult remains in foster care,
614 the court shall review the status of the young adult at least
615 every 6 months and must hold a permanency review hearing at
616 least annually.
617 (f) If the young adult elects to voluntarily leave extended
618 foster care for the sole purpose of ending a removal episode and
619 immediately thereafter executes a voluntary placement agreement
620 with the department to reenroll in extended foster care, the
621 court shall enter an order finding that the prior removal
622 episode has ended. Under these circumstances, the court
623 maintains jurisdiction and a petition to reinstate jurisdiction
624 as provided in s. 39.6251(6)(b) is not required.
625 (g)1. When a young adult enters extended foster care by
626 executing a voluntary placement agreement, the court shall enter
627 an order within 180 days after execution of the agreement which
628 determines whether the placement is in the best interest of the
629 young adult. For purposes of this paragraph, a placement may
630 include a licensed foster home, licensed group home, college
631 dormitory, shared housing, apartment, or another housing
632 arrangement, if the arrangement is approved by the community
633 based care lead agency and is acceptable to the young adult.
634 2. When a young adult is in extended foster care, each
635 judicial review order shall provide that the department has
636 placement and care responsibility for the young adult.
637 3. When a young adult is in extended foster care, the court
638 shall enter an order at least every 12 months that includes a
639 finding of whether the department has made reasonable efforts to
640 finalize the permanency plan currently in effect.
641 Section 10. Present subsections (9) and (10) of section
642 409.1451, Florida Statutes, are redesignated as subsections (10)
643 and (11), respectively, paragraph (b) of subsection (2) is
644 amended, and a new subsection (9) is added to that section, to
645 read:
646 409.1451 The Road-to-Independence Program.—
647 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
648 (b) The amount of the financial assistance shall be as
649 follows:
650 1. For a young adult who does not remain in foster care and
651 is attending a postsecondary school as provided in s. 1009.533,
652 the amount is $1,256 monthly.
653 2. For a young adult who remains in foster care, is
654 attending a postsecondary school, as provided in s. 1009.533,
655 and continues to reside in a licensed foster home, the amount is
656 the established room and board rate for foster parents. This
657 takes the place of the payment provided for in s. 409.145(4).
658 3. For a young adult who remains in foster care, but
659 temporarily resides away from a licensed foster home for
660 purposes of attending a postsecondary school as provided in s.
661 1009.533, the amount is $1,256 monthly. This takes the place of
662 the payment provided for in s. 409.145(4).
663 4. For a young adult who remains in foster care, is
664 attending a postsecondary school as provided in s. 1009.533, and
665 continues to reside in a licensed group home, the amount is
666 negotiated between the community-based care lead agency and the
667 licensed group home provider.
668 5. For a young adult who remains in foster care, but
669 temporarily resides away from a licensed group home for purposes
670 of attending a postsecondary school as provided in s. 1009.533,
671 the amount is $1,256 monthly. This takes the place of a
672 negotiated room and board rate.
673 6. The amount of the award may be disregarded for purposes
674 of determining the eligibility for, or the amount of, any other
675 federal or federally supported assistance.
676 6.7. A young adult is eligible to receive financial
677 assistance during the months when he or she is enrolled in a
678 postsecondary educational institution.
679 (9) FINANCIAL ASSISTANCE FOR YOUNG ADULTS RECEIVING
680 SERVICES.—Financial awards to young adults receiving services
681 under subsections (2) and (3) and s. 39.6251 may be disregarded
682 for purposes of determining the eligibility for, or the amount
683 of, any other federal or federally supported assistance.
684 Section 11. Paragraphs (e), (j), and (m) of subsection (2),
685 paragraph (b) of subsection (5), paragraph (c) of subsection
686 (6), subsection (7), paragraph (b) of subsection (9), paragraphs
687 (b) and (c) of subsection (12), and paragraphs (b) and (d) of
688 subsection (14) of section 409.175, Florida Statutes, are
689 amended to read:
690 409.175 Licensure of family foster homes, residential
691 child-caring agencies, and child-placing agencies; public
692 records exemption.—
693 (2) As used in this section, the term:
694 (e) “Family foster home” means a private residence licensed
695 by the department in which children who are unattended by a
696 parent or legal guardian are provided 24-hour care. The term
697 does not include an adoptive home that has been approved by the
698 department or approved by a licensed child-placing agency for
699 children placed for adoption.
700 (j) “Personnel” means all owners, operators, employees, and
701 volunteers working in a child-placing agency, family foster
702 home, or residential child-caring agency who may be employed by
703 or do volunteer work for a person, corporation, or agency that
704 holds a license as a child-placing agency or a residential
705 child-caring agency, but the term does not include those who do
706 not work on the premises where child care is furnished and have
707 no direct contact with a child or have no contact with a child
708 outside of the presence of the child’s parent or guardian. For
709 purposes of screening, the term includes any member, over the
710 age of 12 years, of the family of the owner or operator or any
711 person other than a client, over the age of 12 years, residing
712 with the owner or operator if the agency or family foster home
713 is located in or adjacent to the home of the owner or operator
714 or if the family member of, or person residing with, the owner
715 or operator has any direct contact with the children. Members of
716 the family of the owner or operator, or persons residing with
717 the owner or operator, who are between the ages of 12 years and
718 18 years are not required to be fingerprinted, but must be
719 screened for delinquency records. For purposes of screening, the
720 term also includes owners, operators, employees, and volunteers
721 working in summer day camps, or summer 24-hour camps providing
722 care for children. A volunteer who assists on an intermittent
723 basis for less than 10 hours per month shall not be included in
724 the term “personnel” for the purposes of screening if a person
725 who meets the screening requirement of this section is always
726 present and has the volunteer in his or her line of sight.
727 (m) “Screening” means the act of assessing the background
728 of personnel or level II through level V family foster homes and
729 includes, but is not limited to, employment history checks as
730 provided in chapter 435, using the level 2 standards for
731 screening set forth in that chapter.
732 (5) The department shall adopt and amend rules for the
733 levels of licensed care associated with the licensure of family
734 foster homes, residential child-caring agencies, and child
735 placing agencies. The rules may include criteria to approve
736 waivers to licensing requirements when applying for a child
737 specific license.
738 (b) The requirements for licensure and operation of family
739 foster homes, residential child-caring agencies, and child
740 placing agencies shall include:
741 1. The operation, conduct, and maintenance of these homes
742 and agencies and the responsibility which they assume for
743 children served and the evidence of need for that service.
744 2. The provision of food, clothing, educational
745 opportunities, services, equipment, and individual supplies to
746 assure the healthy physical, emotional, and mental development
747 of the children served.
748 3. The appropriateness, safety, cleanliness, and general
749 adequacy of the premises, including fire prevention and health
750 standards, to provide for the physical comfort, care, and well
751 being of the children served.
752 4. The ratio of staff to children required to provide
753 adequate care and supervision of the children served and, in the
754 case of family foster homes, the maximum number of children in
755 the home.
756 5. The good moral character based upon screening,
757 education, training, and experience requirements for personnel
758 and family foster homes.
759 6. The department may grant exemptions from
760 disqualification from working with children or the
761 developmentally disabled as provided in s. 435.07.
762 7. The provision of preservice and inservice training for
763 all foster parents and agency staff.
764 8. Satisfactory evidence of financial ability to provide
765 care for the children in compliance with licensing requirements.
766 9. The maintenance by the agency of records pertaining to
767 admission, progress, health, and discharge of children served,
768 including written case plans and reports to the department.
769 10. The provision for parental involvement to encourage
770 preservation and strengthening of a child’s relationship with
771 the family.
772 11. The transportation safety of children served.
773 12. The provisions for safeguarding the cultural,
774 religious, and ethnic values of a child.
775 13. Provisions to safeguard the legal rights of children
776 served.
777 (6)
778 (c) A licensed family foster home, child-placing agency, or
779 residential child-caring agency which applies for renewal of its
780 license shall submit to the department a list of personnel or
781 household members who have worked or resided on a continuous
782 basis at the applicant family foster home or agency since
783 submitting fingerprints to the department, identifying those for
784 whom a written assurance of compliance was provided by the
785 department and identifying those personnel or household members
786 who have recently begun working or residing at the family foster
787 home or agency and are awaiting the results of the required
788 fingerprint check, along with the date of the submission of
789 those fingerprints for processing. The department shall by rule
790 determine the frequency of requests to the Department of Law
791 Enforcement to run state criminal records checks for such
792 personnel or household members except for those personnel or
793 household members awaiting the results of initial fingerprint
794 checks for employment at the applicant family foster home or
795 agency.
796 (7)(a) The department may extend a license expiration date
797 once for a period of up to 30 days. However, the department may
798 not extend a license expiration date more than once during a
799 licensure period The department may issue a provisional license
800 to an applicant who is unable to conform to the licensing
801 requirements at the time of the study, but who is believed able
802 to meet the licensing requirements within the time allowed by
803 the provisional license. The issuance of a provisional license
804 shall be contingent upon the submission to the department of an
805 acceptable written plan to overcome the deficiency by the
806 expiration date of the provisional license.
807 (b) A provisional license may be issued when the applicant
808 fails to meet licensing requirements in matters that are not of
809 immediate danger to the children and the agency has submitted a
810 corrective action plan which is approved by the department. A
811 provisional license may be issued if the screening material has
812 been timely submitted; however, a provisional license may not be
813 issued unless the applicant is in compliance with the
814 requirements in this section for screening of personnel.
815 (c) A provisional license shall not be issued for a period
816 in excess of 1 year and shall not be subject to renewal; and it
817 may be suspended if periodic inspection by the department
818 indicates that insufficient progress has been made toward
819 compliance with the requirements.
820 (9)
821 (b) Any of the following actions by a family foster home or
822 its household members or an agency or its personnel is a ground
823 for denial, suspension, or revocation of a license:
824 1. An intentional or negligent act materially affecting the
825 health or safety of children in the home or agency.
826 2. A violation of the provisions of this section or of
827 licensing rules adopted promulgated pursuant to this section.
828 3. Noncompliance with the requirements for good moral
829 character as specified in paragraph (5)(b).
830 4. Failure to dismiss personnel or a household member found
831 in noncompliance with requirements for good moral character.
832 5. Failure to comply with the requirements of ss. 63.0422
833 and 790.335.
834 (12)
835 (b) It is unlawful for any person, agency, family foster
836 home, summer day camp, or summer 24-hour camp providing care for
837 children to:
838 1. Willfully or intentionally fail to comply with the
839 requirements for the screening of personnel and family foster
840 homes or the dismissal of personnel or household members found
841 not to be in compliance with the requirements for good moral
842 character as specified in paragraph (5)(b).
843 2. Use information from the criminal records obtained under
844 this section for any purpose other than screening a person for
845 employment as specified in this section or to release such
846 information to any other person for any purpose other than
847 screening for employment as specified in this section.
848 (c) It is unlawful for any person, agency, family foster
849 home, summer day camp, or summer 24-hour camp providing care for
850 children to use information from the juvenile records of any
851 person obtained under this section for any purpose other than
852 screening for employment as specified in this section or to
853 release information from such records to any other person for
854 any purpose other than screening for employment as specified in
855 this section.
856 (14)
857 (b) As a condition of licensure, foster parents shall
858 successfully complete a minimum of 21 hours of preservice
859 training. The preservice training shall be uniform statewide and
860 shall include, but not be limited to, such areas as:
861 1. Orientation regarding agency purpose, objectives,
862 resources, policies, and services;
863 2. Role of the foster parent as a treatment team member;
864 3. Transition of a child into and out of foster care,
865 including issues of separation, loss, and attachment;
866 4. Management of difficult child behavior that can be
867 intensified by placement, by prior abuse or neglect, and by
868 prior placement disruptions;
869 5. Prevention of placement disruptions;
870 6. Care of children at various developmental levels,
871 including appropriate discipline; and
872 7. Effects of foster parenting on the family of the foster
873 parent.
874 (d) Before prior to licensure renewal, each level II
875 through level V foster parent must shall successfully complete 8
876 hours of inservice training. Each level I foster parent shall
877 successfully complete 4 hours of inservice training. Periodic
878 time-limited training courses shall be made available for
879 selective use by foster parents. Such inservice training shall
880 include subjects affecting the daily living experiences of
881 foster parenting as a foster parent. For a foster parent
882 participating in the required inservice training, the department
883 shall reimburse such parent for travel expenditures and, if both
884 parents in a home are attending training or if the absence of
885 the parent would leave the children without departmentally
886 approved adult supervision, the department shall make provision
887 for child care or shall reimburse the foster parents for child
888 care purchased by the parents for children in their care.
889 Section 12. Subsection (4) of section 409.903, Florida
890 Statutes, is amended to read:
891 409.903 Mandatory payments for eligible persons.—The agency
892 shall make payments for medical assistance and related services
893 on behalf of the following persons who the department, or the
894 Social Security Administration by contract with the Department
895 of Children and Families, determines to be eligible, subject to
896 the income, assets, and categorical eligibility tests set forth
897 in federal and state law. Payment on behalf of these Medicaid
898 eligible persons is subject to the availability of moneys and
899 any limitations established by the General Appropriations Act or
900 chapter 216.
901 (4) A child who is eligible under Title IV-E of the Social
902 Security Act for subsidized board payments, foster care, or
903 adoption subsidies, and a child for whom the state has assumed
904 temporary or permanent responsibility and who does not qualify
905 for Title IV-E assistance but is in foster care, shelter or
906 emergency shelter care, or subsidized adoption. This category
907 includes:
908 (a) A young adult who is eligible to receive services under
909 s. 409.1451, until the young adult reaches 21 years of age,
910 without regard to any income, resource, or categorical
911 eligibility test that is otherwise required.
912 (b) This category also includes A person who as a child was
913 eligible under Title IV-E of the Social Security Act for foster
914 care or the state-provided foster care and who is a participant
915 in the Road-to-Independence Program.
916 (c) A child who is eligible for the Guardianship Assistance
917 Program as provided in s. 39.6225.
918 Section 13. Paragraph (a) of subsection (1) of section
919 409.991, Florida Statutes, is amended to read:
920 409.991 Allocation of funds for community-based care lead
921 agencies.—
922 (1) As used in this section, the term:
923 (a) “Core services funds” means all funds allocated to
924 community-based care lead agencies operating under contract with
925 the department pursuant to s. 409.987, with the following
926 exceptions:
927 1. Funds appropriated for independent living;
928 2. Funds appropriated for maintenance adoption subsidies;
929 3. Funds allocated by the department for protective
930 investigations training;
931 4. Nonrecurring funds;
932 5. Designated mental health wrap-around services funds; and
933 6. Funds for special projects for a designated community
934 based care lead agency; and
935 7. Funds appropriated for the Guardianship Assistance
936 Program under s. 39.6225.
937 Section 14. Paragraph (b) of subsection (1) of section
938 414.045, Florida Statutes, is amended to read:
939 414.045 Cash assistance program.—Cash assistance families
940 include any families receiving cash assistance payments from the
941 state program for temporary assistance for needy families as
942 defined in federal law, whether such funds are from federal
943 funds, state funds, or commingled federal and state funds. Cash
944 assistance families may also include families receiving cash
945 assistance through a program defined as a separate state
946 program.
947 (1) For reporting purposes, families receiving cash
948 assistance shall be grouped into the following categories. The
949 department may develop additional groupings in order to comply
950 with federal reporting requirements, to comply with the data
951 reporting needs of the board of directors of CareerSource
952 Florida, Inc., or to better inform the public of program
953 progress.
954 (b) Child-only cases.—Child-only cases include cases that
955 do not have an adult or teen head of household as defined in
956 federal law. Such cases include:
957 1. Children in the care of caretaker relatives, if the
958 caretaker relatives choose to have their needs excluded in the
959 calculation of the amount of cash assistance.
960 2. Families in the Relative Caregiver Program as provided
961 in s. 39.5085.
962 3. Families in which the only parent in a single-parent
963 family or both parents in a two-parent family receive
964 supplemental security income (SSI) benefits under Title XVI of
965 the Social Security Act, as amended. To the extent permitted by
966 federal law, individuals receiving SSI shall be excluded as
967 household members in determining the amount of cash assistance,
968 and such cases shall not be considered families containing an
969 adult. Parents or caretaker relatives who are excluded from the
970 cash assistance group due to receipt of SSI may choose to
971 participate in work activities. An individual whose ability to
972 participate in work activities is limited who volunteers to
973 participate in work activities shall be assigned to work
974 activities consistent with such limitations. An individual who
975 volunteers to participate in a work activity may receive child
976 care or support services consistent with such participation.
977 4. Families in which the only parent in a single-parent
978 family or both parents in a two-parent family are not eligible
979 for cash assistance due to immigration status or other
980 limitation of federal law. To the extent required by federal
981 law, such cases shall not be considered families containing an
982 adult.
983 5. To the extent permitted by federal law and subject to
984 appropriations, special needs children who have been adopted
985 pursuant to s. 409.166 and whose adopting family qualifies as a
986 needy family under the state program for temporary assistance
987 for needy families. Notwithstanding any provision to the
988 contrary in s. 414.075, s. 414.085, or s. 414.095, a family
989 shall be considered a needy family if:
990 a. The family is determined by the department to have an
991 income below 200 percent of the federal poverty level;
992 b. The family meets the requirements of s. 414.095(2) and
993 (3) related to residence, citizenship, or eligible noncitizen
994 status; and
995 c. The family provides any information that may be
996 necessary to meet federal reporting requirements specified under
997 Part A of Title IV of the Social Security Act.
998 6. Families in the Guardianship Assistance Program as
999 provided in s. 39.6225.
1000
1001 Families described in subparagraph 1., subparagraph 2., or
1002 subparagraph 3. may receive child care assistance or other
1003 supports or services so that the children may continue to be
1004 cared for in their own homes or in the homes of relatives. Such
1005 assistance or services may be funded from the temporary
1006 assistance for needy families block grant to the extent
1007 permitted under federal law and to the extent funds have been
1008 provided in the General Appropriations Act.
1009 Section 15. Paragraph (d) of subsection (1) of section
1010 1009.25, Florida Statutes, is amended to read:
1011 1009.25 Fee exemptions.—
1012 (1) The following students are exempt from the payment of
1013 tuition and fees, including lab fees, at a school district that
1014 provides workforce education programs, Florida College System
1015 institution, or state university:
1016 (d) A student who is or was at the time he or she reached
1017 18 years of age in the custody of a relative or nonrelative
1018 under s. 39.5085 or s. 39.6225 or who was adopted from the
1019 Department of Children and Families after May 5, 1997. Such
1020 exemption includes fees associated with enrollment in applied
1021 academics for adult education instruction. The exemption remains
1022 valid until the student reaches 28 years of age.
1023 Section 16. This act shall take effect July 1, 2019.
1024
1025 ================= T I T L E A M E N D M E N T ================
1026 And the title is amended as follows:
1027 Delete everything before the enacting clause
1028 and insert:
1029 A bill to be entitled
1030 An act relating to child welfare; amending ss. 39.01
1031 and 39.4015, F.S.; revising definitions; amending s.
1032 39.402, F.S.; requiring that the order for placement
1033 of a child in shelter care contain a written finding
1034 specifying that the Department of Children and
1035 Families has placement and care responsibility for
1036 certain children; amending s. 39.407, F.S.;
1037 authorizing certain advanced practice registered
1038 nurses to prescribe psychotropic medications to
1039 certain children; revising the time period within
1040 which a court must review a child’s residential
1041 treatment plan; amending s. 39.5085, F.S.; revising
1042 eligibility for the Relative Caregiver Program;
1043 amending s. 39.5086, F.S.; deleting the term “fictive
1044 kin”; amending s. 39.6225, F.S.; providing for the
1045 termination of guardianship assistance benefits under
1046 certain circumstances; conforming provisions to
1047 changes made by the act; amending s. 39.6251, F.S.;
1048 requiring a young adult in extended foster care to
1049 provide certain documentation or authorize release of
1050 certain records; revising permanency goals for young
1051 adults in extended foster care; requiring execution of
1052 a voluntary placement agreement under certain
1053 circumstances; requiring the department to adopt
1054 rules; amending s. 39.701, F.S.; revising when a court
1055 must return a child to the custody of his or her
1056 parents after making certain determinations; requiring
1057 the court to enter certain orders if a young adult
1058 enters extended foster care; amending s. 409.1451,
1059 F.S.; authorizing certain financial awards to be
1060 disregarded when a young adult is applying for other
1061 federal assistance; amending s. 409.175, F.S.;
1062 revising definitions; revising provisions related to
1063 the licensure of family foster homes and certain
1064 child-caring and child-placing agencies; deleting
1065 required numbers of training hours for foster parents;
1066 amending s. 409.903, F.S.; revising eligibility for
1067 Medicaid coverage; amending s. 409.991, F.S.; revising
1068 a definition; amending s. 414.045, F.S.; revising
1069 eligibility for child-only funding; amending s.
1070 1009.25, F.S.; revising eligibility for tuition fee
1071 exemptions; providing an effective date.