Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1326 Ì835096CÎ835096 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Simpson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraphs (b), (d), and (e) of subsection (5) 6 of section 20.19, Florida Statutes, are amended, and a new 7 subsection (7) is added to that section, to read: 8 20.19 Department of Children and Families.—There is created 9 a Department of Children and Families. 10 (5) COMMUNITY ALLIANCES.— 11 (b) The duties of the community alliance include, but are 12 not limited to: 13 1. Joint planning for resource utilization in the 14 community, including resources appropriated to the department 15 and any funds that local funding sources choose to provide. 16 2. Needs assessment and establishment of community 17 priorities for service delivery. 18 3. Determining community outcome goals to supplement state 19 required outcomes. 20 4. Serving as a catalyst for community resource 21 development, including, but not limited to, identifying existing 22 programs and services delivered by and assistance available from 23 community-based organizations and faith-based organizations, and 24 encouraging the development and availability of such programs, 25 services, and assistance by such organizations. The community 26 alliance shall ensure that the community-based care lead agency 27 is aware of such programs, services, and assistance and work to 28 facilitate the lead agency’s appropriate use of these resources. 29 5. Providing for community education and advocacy on issues 30 related to delivery of services. 31 6. Promoting prevention and early intervention services. 32 (d) The
initialmembership of the community alliance in a 33 county, at a minimum, must shallbe composed of the following: 34 1. A representative from the department. 35 2. A representative from county government. 36 3. A representative from the school district. 37 4. A representative from the county United Way. 38 5. A representative from the county sheriff’s office. 39 6. A representative from the circuit court corresponding to 40 the county. 41 7. A representative from the county children’s board, if 42 one exists. 43 8. A representative of a faith-based organization involved 44 in efforts to prevent child maltreatment, strengthen families, 45 or promote adoption. 46 (e) At any time after the initial meeting of the community47 alliance,The community alliance shall adopt bylaws and may 48 increase the membership of the alliance to include the state 49 attorney for the judicial circuit in which the community 50 alliance is located, or his or her designee, the public defender 51 for the judicial circuit in which the community alliance is 52 located, or his or her designee, and other individuals and 53 organizations who represent funding organizations, are community 54 leaders, have knowledge of community-based service issues, or 55 otherwise represent perspectives that will enable them to 56 accomplish the duties listed in paragraph (b), if, in the 57 judgment of the alliance, such change is necessary to adequately 58 represent the diversity of the population within the community 59 alliance service circuits. 60 (7) OFFICE OF QUALITY.—The department shall establish an 61 enterprise wide Office of Quality to ensure that the department 62 and contracted service providers meet the highest levels of 63 performance standards. 64 (a) Duties of the office include, but are not limited to, 65 all of the following: 66 1. Identifying performance standards and metrics for 67 department programs and all other service providers, including, 68 but not limited to, behavioral health managing entities, 69 community-based care lead agencies, and attorney services. 70 2. Conducting ongoing quality assurance reviews of 71 department programs and contracted service providers on at least 72 a quarterly basis using cases randomly selected by the 73 department. 74 3. Strengthening the department’s data and analytic 75 capabilities to identify systemic strengths and deficiencies. 76 4. In consultation with the department’s program offices, 77 recommending unique and varied initiatives to correct 78 programmatic and systemic deficiencies. 79 5. Collaborating and engaging partners of the department to 80 improve service quality, efficiency, and effectiveness. 81 6. Reporting any persistent failure by the department or 82 contracted providers to meet performance standards and 83 recommending corrective actions to the secretary. 84 7. By each December 1, developing and submitting an annual 85 report to the Governor, the President of the Senate, and the 86 Speaker of the House of Representatives for the preceding fiscal 87 year which encompasses all legislatively mandated statewide 88 reports required to be issued by the department. 89 (b) The department may adopt rules to administer this 90 subsection. 91 Section 2. Section 409.991, Florida Statutes, is amended to 92 read: 93 (Substantial rewording of section. See s. 409.991, 94 F.S., for present text.) 95 409.991 Allocation of funds for community-based care lead 96 agencies.— 97 (1) As used in this section, the term “core services funds” 98 means all funds allocated to lead agencies operating under 99 contract with the department pursuant to s. 409.987, with the 100 following exceptions: 101 (a) Funds appropriated for independent living services; 102 (b) Funds appropriated for maintenance adoption subsidies; 103 (c) Funds allocated by the department for child protective 104 investigative service training; 105 (d) Nonrecurring funds; 106 (e) Designated mental health wrap-around service funds; 107 (f) Funds for special projects for a designated lead 108 agency; and 109 (g) Funds appropriated for the Guardianship Assistance 110 Program established under s. 39.6225. 111 (2) The department shall use an objective, workload-based 112 methodology to identify and report the optimal level of funding 113 for each lead agency considering demand for each of the 114 following: 115 (a) Prevention services; 116 (b) Client services; 117 (c) Licensed out-of-home care costs; and 118 (d) Staffing, using the ratio for case managers compared to 119 the caseload requirements specified in s. 20.19(4)(c)2. 120 (3) The allocation of core services funds must be based on 121 the following: 122 (a) The total optimal funding amount as determined by 123 adding together the funding for prevention services, client 124 services, licensed out-of-home care, and staffing. 125 (b) A comparison of the total optimal funding amount to the 126 actual allocated funding for the most recent fiscal year to 127 determine the percentage of optimal funding the lead agency is 128 currently receiving. 129 (4) By November 1 of each year, the secretary must submit a 130 report to the Governor, the President of the Senate, and the 131 Speaker of the House of Representatives which includes the 132 current funding level of each lead agency based on the optimal 133 funding level as determined by using each lead agency workload 134 using the department’s methodology. The report must identify any 135 lead agency that is persistently funded at less than the optimal 136 funding level and recommend strategies to address the shortfall 137 including, but not limited to, business process redesign, the 138 adoption of best practices, and requesting additional funding. 139 (5) The department may adopt rules to establish the optimal 140 funding levels for lead agencies. 141 (6) Unless otherwise specified in the General 142 Appropriations Act, the department shall allocate any new 143 funding for core services, based on the department’s 144 methodology, to achieve optimal funding for all lead agencies 145 inversely proportional to each lead agency optimal funding 146 percentage. 147 (7) Unless otherwise specified in the General 148 Appropriations Act, the department shall consider a lead 149 agency’s funding level compared to its optimal funding level 150 when allocating funding from the risk pool, as provided in s. 151 409.990. 152 Section 3. Subsections (24) and (25) are added to section 153 409.996, Florida Statutes, to read: 154 409.996 Duties of the Department of Children and Families. 155 The department shall contract for the delivery, administration, 156 or management of care for children in the child protection and 157 child welfare system. In doing so, the department retains 158 responsibility for the quality of contracted services and 159 programs and shall ensure that services are delivered in 160 accordance with applicable federal and state statutes and 161 regulations. 162 (24) In collaboration with lead agencies, service 163 providers, and other community stakeholders, the department 164 shall develop a statewide accountability system based on 165 measurable quality standards. The accountability system must be 166 implemented by July 1, 2021. 167 (a) The accountability system must: 168 1. Assess the overall health of the child welfare system, 169 by circuit, using grading criteria established by the 170 department; 171 2. Include a quality measurement system with domains and 172 clearly defined levels of quality. The system must measure the 173 performance standards for child protective investigators, lead 174 agencies, and children’s legal services throughout the system of 175 care, using criteria established by the department, and, at a 176 minimum, address applicable federal- and state-mandated metrics. 177 3. Align with the principles of the results-oriented 178 accountability program established under s. 409.997. 179 (b) After the development and implementation of the 180 accountability system under this subsection, the department and 181 each lead agency shall use the information from the 182 accountability system to promote enhanced quality service 183 delivery within their respective areas of responsibility. 184 (c) By December 1 of each year, the department shall submit 185 a report on the overall health of the child welfare system to 186 the Governor, the President of the Senate, and the Speaker of 187 the House of Representatives. 188 (d) The department may adopt rules to implement this 189 subsection. 190 (25) Subject to an appropriation, for the 2020-2021 and 191 2021-2022 fiscal years, the department shall implement a pilot 192 project in the Sixth and Thirteenth Judicial Circuits, 193 respectively, aimed at improving child welfare outcomes. 194 (a) In implementing the pilot projects, the department 195 shall establish performance metrics and performance standards to 196 assess improvements in safety, permanency, and the well-being of 197 children in the local system of care for the lead agencies in 198 those judicial circuits. Such metrics and standards must be 199 aligned with indicators used in the most recent federal Child 200 and Family Services Reviews. 201 (b) The lead agencies in the Sixth and Thirteenth Judicial 202 Circuits shall provide performance data to the department each 203 quarter. The department shall review the data for accuracy and 204 completeness and then shall compare the actual performance of 205 the lead agencies to the established performance metrics and 206 standards. Each lead agency that exceeds performance metrics and 207 standards is eligible for incentive funding. 208 (c) For the first quarter of each fiscal year, the 209 department may advance incentive funding to the lead agencies in 210 an amount equal to one quarter of the total allocated to the 211 pilot project. After each quarter, the department shall assess 212 the performance of the lead agencies for that quarter and adjust 213 the subsequent quarter’s incentive funding based on its actual 214 prior quarter performance. 215 (d) The department shall include the results of the pilot 216 projects in the report required under s. 20.19(7). The report 217 must include the department’s findings and recommendations 218 relating to the pilot projects. 219 (e) This subsection expires July 1, 2022. 220 Section 4. This act shall take effect upon becoming a law. 221 222 ================= T I T L E A M E N D M E N T ================ 223 And the title is amended as follows: 224 Delete everything before the enacting clause 225 and insert: 226 A bill to be entitled 227 An act relating to the Department of Children and 228 Families; amending s. 20.19, F.S.; revising duties and 229 membership of community alliances; requiring the 230 department to establish an Office of Quality; 231 providing duties of the office; requiring the office 232 to develop and submit a report to the Governor and the 233 Legislature annually by a specified date; authorizing 234 the department to adopt rules; amending s. 409.991, 235 F.S.; defining the term “core services funds”; 236 requiring the department to develop a methodology to 237 identify and report the optimal level of funding for 238 community-based care lead agencies; providing 239 requirements for the allocation of core services 240 funds; requiring the Secretary of the Department of 241 Children and Families to submit a report to the 242 Governor and Legislature annually by a specified date; 243 providing requirements for such report; authorizing 244 the department to adopt rules; requiring certain 245 funding to be allocated based on the department’s 246 methodology, unless otherwise specified in the General 247 Appropriations Act; amending s. 409.996, F.S.; 248 requiring the department to develop a statewide 249 accountability system; requiring that such system be 250 implemented by a specified date; providing 251 requirements for such accountability system; requiring 252 the department and lead agencies to promote enhanced 253 quality service delivery; requiring the department to 254 submit a report to the Governor and the Legislature 255 annually by a specified date; authorizing the 256 department to adopt rules; requiring the department to 257 implement pilot projects to improve child welfare 258 outcomes in specified judicial circuits; requiring the 259 department to establish performance metrics and 260 standards to implement the pilot projects; requiring 261 lead agencies in specified judicial circuits to 262 provide certain data to the department each quarter; 263 requiring the department to review such data; 264 authorizing the department to advance incentive 265 funding to certain lead agencies that meet specified 266 requirements; requiring the department to include 267 certain results in a specified report; providing for 268 future expiration; providing an effective date.