Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 634
       
       
       
       
       
       
                                Ì6148801Î614880                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2019           .                                
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       The Committee on Children, Families, and Elder Affairs (Rouson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as “Jordan’s Law.”
    6         Section 2. Section 25.385, Florida Statutes, is amended to
    7  read:
    8         25.385 Standards for instruction of circuit and county
    9  court judges in handling domestic violence cases.—
   10         (1) The Florida Court Educational Council shall establish
   11  standards for instruction of circuit and county court judges who
   12  have responsibility for domestic violence cases, and the council
   13  shall provide such instruction on a periodic and timely basis.
   14         (2) As used in this subsection, section:
   15         (a) the term “domestic violence” has the meaning set forth
   16  in s. 741.28.
   17         (b)“Family or household member” has the meaning set forth
   18  in s. 741.28.
   19         (2)The Florida Court Educational Council shall establish
   20  standards for instruction of circuit and county court judges who
   21  have responsibility for dependency cases regarding the
   22  recognition of and responses to head trauma and brain injury in
   23  a child under 6 years of age. The council shall provide such
   24  instruction on a periodic and timely basis.
   25         Section 3. Section 39.0142, Florida Statutes, is created to
   26  read:
   27         39.0142Notifying law enforcement officers of parent or
   28  caregiver names.—The Department of Law Enforcement shall provide
   29  information to a law enforcement officer stating whether a
   30  person is a parent or caregiver who is currently the subject of
   31  a child protective investigation for alleged child abuse,
   32  abandonment, or neglect or is a parent or caregiver of a child
   33  who has been allowed to return to or remain in the home under
   34  judicial supervision after an adjudication of dependency. This
   35  information shall be provided via a Florida Crime Information
   36  Center query into the department’s child protection database.
   37         (1)All interactions between a law enforcement officer and
   38  a parent or caregiver as described in this section, shall be
   39  reported and details provided by the law enforcement officer to
   40  the central abuse hotline immediately after the interaction.
   41         (2)The central abuse hotline shall provide any relevant
   42  information to:
   43         (a)The child protective investigator, if the parent or
   44  caregiver is the subject of a child protective investigation; or
   45         (b)The child’s case manager and the attorney representing
   46  the department, if the parent or caregiver has a child under
   47  judicial supervision after an adjudication of dependency.
   48         Section 4. Paragraph (b) of subsection (2) of section
   49  39.8296, Florida Statutes, is amended to read:
   50         39.8296 Statewide Guardian Ad Litem Office; legislative
   51  findings and intent; creation; appointment of executive
   52  director; duties of office.—
   53         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
   54  Statewide Guardian Ad Litem Office within the Justice
   55  Administrative Commission. The Justice Administrative Commission
   56  shall provide administrative support and service to the office
   57  to the extent requested by the executive director within the
   58  available resources of the commission. The Statewide Guardian Ad
   59  Litem Office shall not be subject to control, supervision, or
   60  direction by the Justice Administrative Commission in the
   61  performance of its duties, but the employees of the office shall
   62  be governed by the classification plan and salary and benefits
   63  plan approved by the Justice Administrative Commission.
   64         (b) The Statewide Guardian Ad Litem Office shall, within
   65  available resources, have oversight responsibilities for and
   66  provide technical assistance to all guardian ad litem and
   67  attorney ad litem programs located within the judicial circuits.
   68         1. The office shall identify the resources required to
   69  implement methods of collecting, reporting, and tracking
   70  reliable and consistent case data.
   71         2. The office shall review the current guardian ad litem
   72  programs in Florida and other states.
   73         3. The office, in consultation with local guardian ad litem
   74  offices, shall develop statewide performance measures and
   75  standards.
   76         4. The office shall develop a guardian ad litem training
   77  program, which shall include, but not be limited to, training on
   78  the recognition of and responses to head trauma and brain injury
   79  in a child under 6 years of age. The office shall establish a
   80  curriculum committee to develop the training program specified
   81  in this subparagraph. The curriculum committee shall include,
   82  but not be limited to, dependency judges, directors of circuit
   83  guardian ad litem programs, active certified guardians ad litem,
   84  a mental health professional who specializes in the treatment of
   85  children, a member of a child advocacy group, a representative
   86  of the Florida Coalition Against Domestic Violence, and a social
   87  worker experienced in working with victims and perpetrators of
   88  child abuse.
   89         5. The office shall review the various methods of funding
   90  guardian ad litem programs, shall maximize the use of those
   91  funding sources to the extent possible, and shall review the
   92  kinds of services being provided by circuit guardian ad litem
   93  programs.
   94         6. The office shall determine the feasibility or
   95  desirability of new concepts of organization, administration,
   96  financing, or service delivery designed to preserve the civil
   97  and constitutional rights and fulfill other needs of dependent
   98  children.
   99         7. In an effort to promote normalcy and establish trust
  100  between a court-appointed volunteer guardian ad litem and a
  101  child alleged to be abused, abandoned, or neglected under this
  102  chapter, a guardian ad litem may transport a child. However, a
  103  guardian ad litem volunteer may not be required or directed by
  104  the program or a court to transport a child.
  105         8. The office shall submit to the Governor, the President
  106  of the Senate, the Speaker of the House of Representatives, and
  107  the Chief Justice of the Supreme Court an interim report
  108  describing the progress of the office in meeting the goals as
  109  described in this section. The office shall submit to the
  110  Governor, the President of the Senate, the Speaker of the House
  111  of Representatives, and the Chief Justice of the Supreme Court a
  112  proposed plan including alternatives for meeting the state’s
  113  guardian ad litem and attorney ad litem needs. This plan may
  114  include recommendations for less than the entire state, may
  115  include a phase-in system, and shall include estimates of the
  116  cost of each of the alternatives. Each year the office shall
  117  provide a status report and provide further recommendations to
  118  address the need for guardian ad litem services and related
  119  issues.
  120         Section 5. Subsections (2) and (4) of section 402.402,
  121  Florida Statutes, are amended to read:
  122         402.402 Child protection and child welfare personnel;
  123  attorneys employed by the department.—
  124         (2) SPECIALIZED TRAINING.—All child protective
  125  investigators and child protective investigation supervisors
  126  employed by the department or a sheriff’s office must complete
  127  the following specialized training:
  128         (a)Training on the recognition of and responses to head
  129  trauma and brain injury in a child under 6 years of age.
  130         (b)Training that is either focused on serving a specific
  131  population, including, but not limited to, medically fragile
  132  children, sexually exploited children, children under 3 years of
  133  age, or families with a history of domestic violence, mental
  134  illness, or substance abuse, or focused on performing certain
  135  aspects of child protection practice, including, but not limited
  136  to, investigation techniques and analysis of family dynamics.
  137  The specialized training may be used to fulfill continuing
  138  education requirements under s. 402.40(3)(e). Individuals hired
  139  before July 1, 2014, shall complete the specialized training by
  140  June 30, 2016, and individuals hired on or after July 1, 2014,
  141  shall complete the specialized training within 2 years after
  142  hire. An individual may receive specialized training in multiple
  143  areas.
  144         (4) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD
  145  WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose
  146  primary responsibility is representing the department in child
  147  welfare cases shall, within the first 6 months of employment,
  148  receive training in all of the following:
  149         (a) The dependency court process, including the attorney’s
  150  role in preparing and reviewing documents prepared for
  151  dependency court for accuracy and completeness.;
  152         (b) Preparing and presenting child welfare cases, including
  153  at least 1 week shadowing an experienced children’s legal
  154  services attorney preparing and presenting cases.;
  155         (c) Safety assessment, safety decisionmaking tools, and
  156  safety plans.;
  157         (d) Developing information presented by investigators and
  158  case managers to support decisionmaking in the best interest of
  159  children.; and
  160         (e) The experiences and techniques of case managers and
  161  investigators, including shadowing an experienced child
  162  protective investigator and an experienced case manager for at
  163  least 8 hours.
  164         (f)The recognition of and responses to head trauma and
  165  brain injury in a child under 6 years of age.
  166         Section 6. Paragraph (f) of subsection (1) and subsection
  167  (3) of section 409.988, Florida Statutes, are amended to read:
  168         409.988 Lead agency duties; general provisions.—
  169         (1) DUTIES.—A lead agency:
  170         (f) Shall ensure that all individuals providing care for
  171  dependent children receive appropriate training and meet the
  172  minimum employment standards established by the department.
  173  Appropriate training shall include, but is not limited to,
  174  training on the recognition of and responses to head trauma and
  175  brain injury in a child under 6 years of age.
  176         (3) SERVICES.—A lead agency must provide dependent children
  177  with services that are supported by research or that are
  178  recognized as best practices in the child welfare field. The
  179  agency shall give priority to the use of services that are
  180  evidence-based and trauma-informed and may also provide other
  181  innovative services, including, but not limited to, family
  182  centered and cognitive-behavioral interventions designed to
  183  mitigate out-of-home placements and intensive family
  184  reunification services that combine child welfare and mental
  185  health services for families with dependent children under 6
  186  years of age.
  187         Section 7. Subsection (24) is added to section 409.996,
  188  Florida Statutes, to read:
  189         409.996 Duties of the Department of Children and Families.
  190  The department shall contract for the delivery, administration,
  191  or management of care for children in the child protection and
  192  child welfare system. In doing so, the department retains
  193  responsibility for the quality of contracted services and
  194  programs and shall ensure that services are delivered in
  195  accordance with applicable federal and state statutes and
  196  regulations.
  197         (24)The department, in collaboration with the lead
  198  agencies serving the judicial circuits selected in paragraph
  199  (a), may create and implement a program to more effectively
  200  provide case management services for dependent children under 6
  201  years of age.
  202         (a)The department may select up to three judicial circuits
  203  in which to develop and implement a program under this
  204  subsection. Priority shall be given to a circuit that has a high
  205  removal rate, significant budget deficit, significant case
  206  management turnover rate, and the highest numbers of children in
  207  out-of-home care or a significant increase in the number of
  208  children in out-of-home care over the last 3 fiscal years.
  209         (b)The program shall:
  210         1.Include caseloads for dependency case managers comprised
  211  solely of children who are under 6 years of age, except as
  212  provided in paragraph (c). The maximum caseload for a case
  213  manager shall be no more than 15 children if possible.
  214         2.Include case managers who are trained specifically in:
  215         a.Critical child development for children under 6 years of
  216  age.
  217         b.Specific practices of child care for children under 6
  218  years of age.
  219         c.The scope of community resources available to children
  220  under 6 years of age.
  221         d.Working with a parent or caregiver and assisting him or
  222  her in developing the skills necessary to care for the health,
  223  safety, and well-being of a child under 6 years of age.
  224         (c)If a child being served through the program has a
  225  dependent sibling, the sibling may be assigned to the same case
  226  manager as the child being served through the program; however,
  227  each sibling counts toward the case manager’s maximum caseload
  228  as provided under paragraph (b).
  229         (d)The department shall evaluate the permanency, safety,
  230  and well-being of children being served through the program and
  231  submit a report to the Governor, the President of the Senate,
  232  and the Speaker of the House of Representatives by October 1,
  233  2024, detailing its findings.
  234         Section 8. Section 943.17297, Florida Statutes, is created
  235  to read:
  236         943.17297Training in the recognition of and responses to
  237  head trauma and brain injury.—The commission shall establish
  238  standards for the instruction of law enforcement officers in the
  239  subject of recognition of and responses to head trauma and brain
  240  injury in a child from under 6 years of age to aid an officer in
  241  the detection of head trauma and brain injury due to child
  242  abuse. By July 1, 2021, each law enforcement officer must
  243  successfully complete the training as part of the basic recruit
  244  training for a law enforcement officer, as required under s.
  245  943.13(9), or as a part of continuing training or education
  246  required under s. 943.135(1).
  247         Section 9. This act shall take effect July 1, 2019.
  248  
  249  ================= T I T L E  A M E N D M E N T ================
  250  And the title is amended as follows:
  251         Delete everything before the enacting clause
  252  and insert:
  253                        A bill to be entitled                      
  254         An act relating to child welfare; providing a short
  255         title; amending s. 25.385, F.S.; requiring the Florida
  256         Court Educational Council to establish certain
  257         standards for instruction of circuit and county court
  258         judges for dependency cases; creating s. 39.0142,
  259         F.S.; requiring the Department of Law Enforcement to
  260         provide certain information to law enforcement
  261         officers relating to specified individuals; providing
  262         how such information shall be provided to law
  263         enforcement officers; providing requirements for law
  264         enforcement officers and the central abuse hotline
  265         relating to specified interactions with certain
  266         persons and how to relay details of such interactions;
  267         amending s. 39.8296, F.S.; requiring that the guardian
  268         ad litem training program include training on the
  269         recognition of and responses to head trauma and brain
  270         injury in children younger than a specified age;
  271         amending s. 402.402, F.S.; requiring certain
  272         investigators, supervisors, and attorneys to complete
  273         training on the recognition of and responses to head
  274         trauma and brain injury in specified children;
  275         amending s. 409.988, F.S.; requiring lead agencies to
  276         provide certain individuals with training on the
  277         recognition of and responses to head trauma and brain
  278         injury in specified children; authorizing lead
  279         agencies to provide intensive family reunification
  280         services that combine child welfare and mental health
  281         services to certain families; amending s. 409.996,
  282         F.S.; requiring the department and certain lead
  283         agencies to create and implement a program to more
  284         effectively provide case management services to
  285         specified children; providing criteria for selecting
  286         judicial circuits for participation the program;
  287         specifying requirements of the program; requiring the
  288         Department of Children and families to evaluate the
  289         effectiveness of the program and submit a report to
  290         the Legislature and Governor by a specified date;
  291         creating s. 943.17297, F.S.; requiring the Criminal
  292         Justice Standards and Training Commission to
  293         incorporate specified training for law enforcement
  294         officers; requiring law enforcement officers, as of a
  295         specified date, to successfully complete such training
  296         as part of basic recruit training or continuing
  297         training or education; providing an effective date.