Florida Senate - 2021                        CS for CS for SB 80
       
       
        
       By the Committees on Rules; and Children, Families, and Elder
       Affairs; and Senators Brodeur, Albritton, and Book
       
       
       
       
       595-02742-21                                            202180c2
    1                        A bill to be entitled                      
    2         An act relating to child welfare; creating s.
    3         39.00146, F.S.; defining terms; requiring the case
    4         record of every child under the supervision or in the
    5         custody of the Department of Children and Families,
    6         the department’s agents, or providers contracting with
    7         the department to include a case record face sheet;
    8         specifying information required to be included in the
    9         case record face sheet; requiring the department, the
   10         department’s agents, and providers contracting with
   11         the department to update the case record face sheet
   12         monthly; providing requirements for the case record
   13         face sheet; authorizing the department to develop, or
   14         contract with a third party to develop, a case record
   15         face sheet; requiring community-based care lead
   16         agencies to use such face sheets; requiring the
   17         department to adopt rules; amending s. 39.401, F.S.;
   18         requiring the department to determine out-of-home
   19         placement based on priority of placements and other
   20         factors; amending s. 39.402, F.S.; requiring the
   21         department to make reasonable efforts to place a child
   22         in out-of-home care based on priority of placements;
   23         providing exceptions and other criteria; creating s.
   24         39.4021, F.S.; providing legislative findings;
   25         establishing certain placement priorities for out-of
   26         home placements; requiring the department or lead
   27         agency to place sibling groups together when possible
   28         if in the best interest of each child after
   29         considering specified factors; providing an exception;
   30         providing construction; creating s. 39.4022, F.S.;
   31         providing legislative intent; defining terms;
   32         requiring that multidisciplinary teams be established
   33         for certain purposes; providing goals for such teams;
   34         providing for membership of multidisciplinary team
   35         staffings; authorizing the department or lead agency
   36         to invite other participants to attend a team staffing
   37         under certain circumstances; providing requirements
   38         for multidisciplinary team staffings; requiring that
   39         team staffings be held when specified decisions
   40         regarding a child must be made; providing
   41         applicability; requiring team staffing participants to
   42         gather and consider data and information on the child
   43         before formulating a decision; providing for the use
   44         of an evidence-based assessment instrument or tool;
   45         requiring multidisciplinary teams to conduct
   46         supplemental assessments for certain children;
   47         requiring team participants to gather certain
   48         information related to the child for such supplemental
   49         assessments; requiring that a unanimous consensus
   50         decision reached by the team becomes the official
   51         position and that specified parties are bound by such
   52         consensus decision; providing procedures for when the
   53         team does not reach a consensus decision; requiring
   54         that the department determine a suitable placement if
   55         the team cannot come to a consensus decision;
   56         requiring the formation of a team within specified
   57         timeframes; requiring the facilitator to file a report
   58         with the court within a specified timeframe if the
   59         team does not reach a consensus decision; providing
   60         requirements for the report; authorizing specified
   61         parties to discuss confidential information during a
   62         team staffing in the presence of participating
   63         individuals; providing that information collected by
   64         any agency or entity that participates in a staffing
   65         which is confidential and exempt upon collection
   66         remains confidential and exempt when discussed in
   67         staffings; requiring individuals who participate in a
   68         staffing to maintain the confidentiality of all
   69         information shared; providing construction; requiring
   70         the department to adopt rules; creating s. 39.4023,
   71         F.S.; providing legislative findings and intent;
   72         defining terms; providing for the creation of
   73         transition plans for specified changes in placement;
   74         providing conditions under which a child may be
   75         removed from a caregiver’s home; requiring community
   76         based care lead agencies to provide services to
   77         prevent a change in placement; requiring the
   78         department and a community-based care lead agency to
   79         convene a multidisciplinary team staffing to develop a
   80         transition plan under certain circumstances; requiring
   81         the department or community-based care lead agency to
   82         provide written notice of a planned placement change;
   83         providing requirements for the notice; providing
   84         applicability; requiring additional considerations for
   85         placement changes for infants and young children;
   86         providing findings; requiring the department or
   87         community-based care lead agency to create and
   88         implement individualized transition plans; specifying
   89         factors that must be considered when selecting a new
   90         school for a child; requiring children who enter out
   91         of-home care or undergo changes in placement to remain
   92         with familiar child care providers or early education
   93         programs, if possible; providing requirements for
   94         transition plans for transitions between K-12 schools;
   95         requiring the department, in collaboration with the
   96         Quality Parenting Initiative, to develop a form for a
   97         specified purpose; specifying requirements for the
   98         form; requiring the department and community-based
   99         care lead agencies to document multidisciplinary team
  100         staffings and placement transition decisions in the
  101         Florida Safe Families Network and include such
  102         information in the social study report for judicial
  103         review; providing an exemption; requiring the
  104         department to adopt rules; creating s. 39.4024, F.S.;
  105         providing legislative findings; defining terms;
  106         requiring the department or lead agency to make
  107         reasonable efforts to place siblings in the same
  108         foster, kinship, adoptive, or guardianship home when
  109         certain conditions are met; requiring the department
  110         or lead agency and multidisciplinary team to take
  111         certain actions when siblings are not placed together;
  112         specifying that the department and court are not
  113         required to make a placement or change in placement to
  114         develop certain sibling relationships; requiring the
  115         department or the lead agency to convene a
  116         multidisciplinary team staffing to determine and
  117         assess sibling relationships when a child is removed
  118         from a home; providing for the placement of sibling
  119         groups in certain circumstances; specifying factors
  120         for the multidisciplinary team to consider when
  121         determining placement or change of placement for
  122         children in sibling groups who do not have an existing
  123         relationship with siblings; requiring that a child’s
  124         transition to a new home be carried out gradually when
  125         it is determined that the child would benefit from
  126         being placed with siblings; requiring the department,
  127         in collaboration with the Quality Parenting
  128         Initiative, to develop standard protocols for the
  129         department and lead agency for use in making specified
  130         decisions about child placement; providing
  131         considerations for maintaining contact between
  132         siblings when separated; providing duties for
  133         caregivers; authorizing the court to limit and
  134         restrict communication and visitation upon a finding
  135         of clear and convincing evidence that such
  136         communication or visitation is harmful to the child;
  137         requiring the department and community-based care lead
  138         agencies to periodically reassess certain sibling
  139         placements in certain instances; requiring the
  140         department to provide certain services to prevent
  141         disruption in a placement when a child does not adjust
  142         to such placement; requiring that a multidisciplinary
  143         team staffing is convened when one child does not
  144         adjust to placement as a sibling group under certain
  145         conditions; requiring the team to review such
  146         placement and choose a plan least detrimental to each
  147         child; requiring that a multidisciplinary team be
  148         convened in certain circumstances where the department
  149         or child subsequently identifies a sibling; requiring
  150         the department to provide children with specified
  151         information relating to their siblings; requiring the
  152         department to make reasonable efforts to ascertain
  153         such information if it is not known; providing that a
  154         child has a right to continued communication with a
  155         sibling under certain circumstances; requiring the
  156         department and lead agencies to document in writing
  157         decisions to separate siblings in case files and the
  158         Florida Safe Families Network; specifying requirements
  159         for such documentation; providing an exemption;
  160         requiring the department to adopt rules; amending s.
  161         39.522, F.S.; deleting and relocating criteria for the
  162         court to consider when determining whether a legal
  163         change of custody is in the best interest of the
  164         child; conforming a provision to changes made by the
  165         act; defining the term “change in physical custody”;
  166         providing a rebuttable presumption that the best
  167         interest of a child is to remain in a current
  168         placement; providing applicability for such
  169         presumption; establishing the manner in which to rebut
  170         the presumption; requiring the department or lead
  171         agency to notify certain caregivers within a specified
  172         timeframe of the intent to change the physical custody
  173         of a child; requiring that a multidisciplinary team
  174         staffing be held within a specified timeframe before
  175         the intended date for the child’s change in physical
  176         custody; requiring that the department’s official
  177         position be provided to the parties under certain
  178         circumstances; requiring the caregiver to provide
  179         written notice of objection to such change in physical
  180         custody within a specified timeframe; requiring the
  181         court to conduct an initial case status hearing within
  182         a specified timeframe upon receiving specified written
  183         notice from a caregiver; providing procedures for when
  184         a caregiver objects to the child’s change in physical
  185         custody; requiring the court to conduct an initial
  186         case status hearing; requiring the court to conduct an
  187         evidentiary hearing; requiring the department or lead
  188         agency to implement an appropriate transition plan if
  189         the court orders a change in physical custody of the
  190         child; amending s. 39.523, F.S.; requiring the
  191         department or lead agency to coordinate a
  192         multidisciplinary team staffing for specified
  193         purposes; requiring, rather than authorizing, the
  194         department to create rules; amending s. 39.806, F.S.;
  195         conforming a cross-reference; providing an effective
  196         date.
  197          
  198  Be It Enacted by the Legislature of the State of Florida:
  199  
  200         Section 1. Section 39.00146, Florida Statutes, is created
  201  to read:
  202         39.00146 Case record face sheet.—
  203         (1)As used in this section, the term:
  204         (a) “Multidisciplinary teamhas the same meaning as
  205  provided in s. 39.4022(2).
  206         (b) “Placement change” has the same meaning as provided in
  207  s. 39.4023(2).
  208         (c)“School” has the same meaning as in s. 39.4023(2).
  209         (d) “Siblinghas the same meaning as in s. 39.4024(2).
  210         (2) The case record of every child under the supervision or
  211  in the custody of the department or the department’s authorized
  212  agents, including community-based care lead agencies and their
  213  subcontracted providers, must include a face sheet containing
  214  relevant information about the child and his or her case,
  215  including at least all of the following:
  216         (a)General case information, including, but not limited
  217  to:
  218         1. The child’s name and date of birth;
  219         2. The current county of residence and the county of
  220  residence at the time of the referral;
  221         3. The reason for the referral and any family safety
  222  concerns;
  223         4. The personal identifying information of the parents or
  224  legal custodians who had custody of the child at the time of the
  225  referral, including name, date of birth, and county of
  226  residence;
  227         5. The date of removal from the home; and
  228         6. The name and contact information of the attorney or
  229  attorneys assigned to the case in all capacities, including the
  230  attorney or attorneys that represent the department and the
  231  parents, and the guardian ad litem, if one has been appointed.
  232         (b) The name and contact information for any employees of
  233  the department, the department’s authorized agents, or providers
  234  contracting with the department, including community-based care
  235  lead agencies and their subcontracted service providers, who
  236  have worked with the child, including the child’s current and
  237  previous case managers, and the supervisor information for such
  238  employees.
  239         (c) The personal information of relevant family members and
  240  other fictive kin, including, but not limited to, the name and
  241  contact information of:
  242         1. The child’s parents;
  243         2. The child’s siblings, including the location of their
  244  current out-of-home placement, if applicable;
  245         3. The child’s current caregivers and any previous out-of
  246  home placements;
  247         4. Any other caretaking adults; and
  248         5. All children in the out-of-home placement, if
  249  applicable.
  250         (d) A description of any threats of danger placing the
  251  child at imminent risk of removal.
  252         (e) A description of individual parent or caregiver
  253  concerns for the child.
  254         (f) Any concerns that exist regarding the parent or the
  255  current caregiver’s ability to:
  256         1. Maintain a safe home;
  257         2. Engage or bond with the child if the child is an infant;
  258         3. Structure daily activities that stimulate the child;
  259         4. Manage the child’s behavior; or
  260         5. Make good health decisions for the child.
  261         (g) Any transitions in placement the child has experienced
  262  since the child’s initial placement and a description of how
  263  such transitions were accomplished in accordance with s.
  264  39.4023.
  265         (h)If the child has any siblings and they are not placed
  266  in the same out-of-home placement, the reasons the children are
  267  not in joint placement and the reasonable efforts that the
  268  department or appropriate lead agency will make to provide
  269  frequent visitation or other ongoing interaction between the
  270  siblings, unless the court determines that the interaction would
  271  be contrary to a sibling’s safety or well-being in accordance s.
  272  39.4024.
  273         (i) Information pertaining to recent and upcoming court
  274  hearings, including, but not limited to, the date, subject
  275  matter, and county of court jurisdiction of the most recent and
  276  next scheduled court hearing.
  277         (j) Any other information the department, the department’s
  278  authorized agents, or providers contracting with the department,
  279  including community-based care lead agencies deem relevant.
  280         (3) The department, the department’s authorized agents, or
  281  providers contracting with the department, including community
  282  based care lead agencies, must ensure that the face sheet for
  283  each case is updated at least once per month. This requirement
  284  includes ensuring that the department, its authorized agents, or
  285  providers contracting with the department gather any relevant
  286  information from any subcontracted providers who provide
  287  services for the case record information required to be included
  288  under this section.
  289         (4) The case record face sheet must be in a uniform and
  290  standardized format for use statewide and must be developed,
  291  either by the department or a third party, using real-time data
  292  from the state child welfare information system. The department
  293  may develop a specific case record face sheet or may contract
  294  with a third party to use existing software that, at a minimum,
  295  meets the requirements of subsection (2). The case record face
  296  sheet developed or contracted for use under this section must be
  297  electronic and have the capability to be printed. The community
  298  based care lead agencies shall use this uniform and standardized
  299  case record face sheet to comply with this section.
  300         (5) The department shall adopt rules to implement this
  301  section.
  302         Section 2. Subsection (3) of section 39.401, Florida
  303  Statutes, is amended to read:
  304         39.401 Taking a child alleged to be dependent into custody;
  305  law enforcement officers and authorized agents of the
  306  department.—
  307         (3) If the child is taken into custody by, or is delivered
  308  to, an authorized agent of the department, the agent shall
  309  review the facts supporting the removal with an attorney
  310  representing the department. The purpose of the review is to
  311  determine whether there is probable cause for the filing of a
  312  shelter petition.
  313         (a) If the facts are not sufficient, the child shall
  314  immediately be returned to the custody of the parent or legal
  315  custodian.
  316         (b) If the facts are sufficient and the child has not been
  317  returned to the custody of the parent or legal custodian, the
  318  department shall file the petition and schedule a hearing, and
  319  the attorney representing the department shall request that a
  320  shelter hearing be held within 24 hours after the removal of the
  321  child.
  322         (c) While awaiting the shelter hearing, the authorized
  323  agent of the department may place the child in out-of-home care,
  324  and placement shall be determined based on priority of
  325  placements as provided in s. 39.4021 and what is in the child’s
  326  best interest based on the criteria and factors set out in s.
  327  39.4022 licensed shelter care or may release the child to a
  328  parent or legal custodian or responsible adult relative or the
  329  adoptive parent of the child’s sibling who shall be given
  330  priority consideration over a licensed placement, or a
  331  responsible adult approved by the department if this is in the
  332  best interests of the child.
  333         (d) Placement of a child which is not in a licensed shelter
  334  must be preceded by a criminal history records check as required
  335  under s. 39.0138.
  336         (e) In addition, the department may authorize placement of
  337  a housekeeper/homemaker in the home of a child alleged to be
  338  dependent until the parent or legal custodian assumes care of
  339  the child.
  340         Section 3. Paragraph (h) of subsection (8) of section
  341  39.402, Florida Statutes, is amended to read:
  342         39.402 Placement in a shelter.—
  343         (8)
  344         (h) The order for placement of a child in shelter care must
  345  identify the parties present at the hearing and must contain
  346  written findings:
  347         1. That placement in shelter care is necessary based on the
  348  criteria in subsections (1) and (2).
  349         2. That placement in shelter care is in the best interest
  350  of the child.
  351         3. That continuation of the child in the home is contrary
  352  to the welfare of the child because the home situation presents
  353  a substantial and immediate danger to the child’s physical,
  354  mental, or emotional health or safety which cannot be mitigated
  355  by the provision of preventive services.
  356         4. That based upon the allegations of the petition for
  357  placement in shelter care, there is probable cause to believe
  358  that the child is dependent or that the court needs additional
  359  time, which may not exceed 72 hours, in which to obtain and
  360  review documents pertaining to the family in order to
  361  appropriately determine the risk to the child.
  362         5. That the department has made reasonable efforts to
  363  prevent or eliminate the need for removal of the child from the
  364  home. A finding of reasonable effort by the department to
  365  prevent or eliminate the need for removal may be made and the
  366  department is deemed to have made reasonable efforts to prevent
  367  or eliminate the need for removal if:
  368         a. The first contact of the department with the family
  369  occurs during an emergency;
  370         b. The appraisal of the home situation by the department
  371  indicates that the home situation presents a substantial and
  372  immediate danger to the child’s physical, mental, or emotional
  373  health or safety which cannot be mitigated by the provision of
  374  preventive services;
  375         c. The child cannot safely remain at home, either because
  376  there are no preventive services that can ensure the health and
  377  safety of the child or because, even with appropriate and
  378  available services being provided, the health and safety of the
  379  child cannot be ensured; or
  380         d. The parent or legal custodian is alleged to have
  381  committed any of the acts listed as grounds for expedited
  382  termination of parental rights in s. 39.806(1)(f)-(i).
  383         6. That the department has made reasonable efforts to place
  384  the child in order of priority as provided in s. 39.4021 unless
  385  such priority placement is not a placement option or in the best
  386  interest of the child based on the criteria and factors set out
  387  in s. 39.4022.
  388         7. That the department has made reasonable efforts to keep
  389  siblings together if they are removed and placed in out-of-home
  390  care unless such placement is not in the best interest of each
  391  child. It is preferred that siblings be kept together in a
  392  foster home, if available. Other reasonable efforts shall
  393  include short-term placement in a group home with the ability to
  394  accommodate sibling groups if such a placement is available. The
  395  department shall report to the court its efforts to place
  396  siblings together unless the court finds that such placement is
  397  not in the best interest of a child or his or her sibling.
  398         8.7. That the court notified the parents, relatives that
  399  are providing out-of-home care for the child, or legal
  400  custodians of the time, date, and location of the next
  401  dependency hearing and of the importance of the active
  402  participation of the parents, relatives that are providing out
  403  of-home care for the child, or legal custodians in all
  404  proceedings and hearings.
  405         9.8. That the court notified the parents or legal
  406  custodians of their right to counsel to represent them at the
  407  shelter hearing and at each subsequent hearing or proceeding,
  408  and the right of the parents to appointed counsel, pursuant to
  409  the procedures set forth in s. 39.013.
  410         10.9. That the court notified relatives who are providing
  411  out-of-home care for a child as a result of the shelter petition
  412  being granted that they have the right to attend all subsequent
  413  hearings, to submit reports to the court, and to speak to the
  414  court regarding the child, if they so desire.
  415         11.10. That the department has placement and care
  416  responsibility for any child who is not placed in the care of a
  417  parent at the conclusion of the shelter hearing.
  418         Section 4. Section 39.4021, Florida Statutes, is created to
  419  read:
  420         39.4021 Priority placement for out-of-home placements.—
  421         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  422  that it is a basic tenet of child welfare practice and the law
  423  that a child be placed in the least restrictive, most family
  424  like setting available in close proximity to the home of his or
  425  her parents which meets the needs of the child, and that a child
  426  be placed in a permanent home in a timely manner.
  427         (2) PLACEMENT PRIORITY.—
  428         (a) When a child cannot safely remain at home with a
  429  parent, out-of-home placement options must be considered in the
  430  following order:
  431         1. Non-offending parent.
  432         2.Relative caregiver.
  433         3. Adoptive parent of the child’s sibling, when the
  434  department or community-based care lead agency is aware of such
  435  sibling.
  436         4. Fictive kin with a close existing relationship to the
  437  child.
  438         5. Licensed foster care.
  439         6. Group or congregate care.
  440         (b) Except as otherwise provided for in ss. 39.4022 and
  441  39.4024, sibling groups must be placed in the same placement
  442  whenever possible and if placement together is in the best
  443  interest of each child in the sibling group. Placement decisions
  444  for sibling groups must be made pursuant to ss. 39.4022 and
  445  39.4024.
  446         (c) Except as otherwise provided for in this chapter, a
  447  change to a child’s physical or legal placement after the child
  448  has been sheltered but before the child has achieved permanency
  449  must be made in compliance with this section. Placements made
  450  pursuant to s. 63.082(6) are exempt from this section.
  451         Section 5. Section 39.4022, Florida Statutes, is created to
  452  read:
  453         39.4022 Multidisciplinary teams; staffings; assessments;
  454  report.—
  455         (1) LEGISLATIVE INTENT.—
  456         (a) The Legislature finds that services for children and
  457  families are most effective when delivered in the context of a
  458  single integrated multidisciplinary team staffing that includes
  459  the child, his or her family, natural and community supports,
  460  and professionals who join together to empower, motivate, and
  461  strengthen a family and collaboratively develop a plan of care
  462  and protection to achieve child safety, child permanency, and
  463  child and family well-being.
  464         (b) The Legislature also finds that effective assessment
  465  through an integrated multidisciplinary team is particularly
  466  important for children who are vulnerable due to existing
  467  histories of trauma which led to the child’s entrance into the
  468  child welfare system. This assessment is especially important
  469  for young children who are 3 years of age or younger, as a
  470  result of the enhanced need for such children to have healthy
  471  and stable attachments to assist with necessary brain
  472  development. Stable and nurturing relationships in the first
  473  years of life, as well as the quality of such relationships, are
  474  integral to healthy brain development, providing a foundation
  475  for lifelong mental health and determining well-being as an
  476  adult.
  477         (2) DEFINITIONS.—For purposes of this section, the term:
  478         (a) “Change in physical custody” means a change by the
  479  department or the community-based care lead agency to the
  480  child’s physical residential address, regardless of whether such
  481  change requires a court order changing the legal custody of the
  482  child.
  483         (b)“Emergency situation” means that there is an imminent
  484  risk to the health or safety of the child, other children, or
  485  others in the home or facility if the child remains in the
  486  placement.
  487         (c) “Multidisciplinary team” means an integrated group of
  488  individuals which meets to collaboratively develop and attempt
  489  to reach a consensus decision on the most suitable out-of-home
  490  placement, educational placement, or other specified important
  491  life decision that is in the best interest of the child.
  492         (3) CREATION AND GOALS.—
  493         (a) Multidisciplinary teams must be established for the
  494  purpose of allowing better engagement with families and a shared
  495  commitment and accountability from the family and their circle
  496  of support.
  497         (b) The multidisciplinary teams must adhere to the
  498  following goals:
  499         1.Secure a child’s safety in the least restrictive and
  500  intrusive placement that can meet his or her needs;
  501         2. Minimize the trauma associated with separation from the
  502  child’s family and help the child to maintain meaningful
  503  connections with family members and others who are important to
  504  him or her;
  505         3.Provide input into the placement decision made by the
  506  community-based care lead agency and the services to be provided
  507  in order to support the child;
  508         4. Provide input into the decision to preserve or maintain
  509  the placement, including necessary placement preservation
  510  strategies;
  511         5.Contribute to an ongoing assessment of the child and the
  512  family’s strengths and needs;
  513         6.Ensure that plans are monitored for progress and that
  514  such plans are revised or updated as the child’s or family’s
  515  circumstances change; and
  516         7. Ensure that the child and family always remain the
  517  primary focus of each multidisciplinary team meeting.
  518         (4) PARTICIPANTS.—
  519         (a) Collaboration among diverse individuals who are part of
  520  the child’s network is necessary to make the most informed
  521  decisions possible for the child. A diverse team is preferable
  522  to ensure that the necessary combination of technical skills,
  523  cultural knowledge, community resources, and personal
  524  relationships is developed and maintained for the child and
  525  family. The participants necessary to achieve an appropriately
  526  diverse team for a child may vary by child and may include
  527  extended family, friends, neighbors, coaches, clergy, coworkers,
  528  or others the family identifies as potential sources of support.
  529         1. Each multidisciplinary team staffing must invite the
  530  following members:
  531         a. The child, unless he or she is not of an age or capacity
  532  to participate in the team;
  533         b. The child’s family members and other individuals
  534  identified by the family as being important to the child,
  535  provided that a parent who has a no contact order or injunction,
  536  is alleged to have sexually abused the child, or is subject to a
  537  termination of parental rights may not participate;
  538         c. The current caregiver;
  539         d. A representative from the department other than the
  540  Children’s Legal Services attorney, when the department is
  541  directly involved in the goal identified by the staffing;
  542         e. A representative from the community-based care lead
  543  agency, when the lead agency is directly involved in the goal
  544  identified by the staffing; and
  545         f. The case manager for the child, or his or her case
  546  manager supervisor.
  547         2. The multidisciplinary team must make reasonable efforts
  548  to have all mandatory invitees attend. However, the
  549  multidisciplinary team staffing may not be delayed if the
  550  invitees in subparagraph 1. fail to attend after being provided
  551  reasonable opportunities.
  552         (b) Based on the particular goal the multidisciplinary team
  553  staffing identifies as the purpose of convening the staffing as
  554  provided under subsection (5), the department or lead agency may
  555  also invite to the meeting other professionals, including, but
  556  not limited to:
  557         1. A representative from Children’s Medical Services;
  558         2. A guardian ad litem, if one is appointed;
  559         3. A school personnel representative who has direct contact
  560  with the child;
  561         4. A therapist or other behavioral health professional, if
  562  applicable.
  563         5. A mental health professional with expertise in sibling
  564  bonding, if the department or lead agency deems such expert is
  565  necessary; or
  566         6. Other community providers of services to the child or
  567  stakeholders, when applicable.
  568         (c) Each multidisciplinary team staffing must be led by a
  569  person who serves as a facilitator and whose main responsibility
  570  is to help team participants use the strengths within the family
  571  to develop a safe plan for the child. The person serving as the
  572  facilitator must be a trained professional who is otherwise
  573  required to attend the multidisciplinary team staffing under
  574  this section in his or her official capacity. Further, the
  575  trained professional serving as the facilitator does not need to
  576  be the same person for each meeting convened in a child’s case
  577  under this section or in the service area of the designated lead
  578  agency handling a child’s case.
  579         (5) SCOPE OF MULTIDISCIPLINARY TEAM.—
  580         (a) A multidisciplinary team staffing must be held when an
  581  important decision is required to be made about a child’s life,
  582  including all of the following:
  583         1. Initial placement decisions for a child who is placed in
  584  out-of-home care. A multidisciplinary team staffing required
  585  under this subparagraph may occur before the initial placement
  586  or, if a staffing is not possible before the initial placement,
  587  must occur as soon as possible after initial removal and
  588  placement to evaluate the appropriateness of the initial
  589  placement and to ensure that any adjustments to the placement,
  590  if necessary, are promptly handled.
  591         2. Changes in physical custody after the child is placed in
  592  out-of-home care by a court and, if necessary, determination of
  593  an appropriate mandatory transition plan in accordance with s.
  594  39.4023.
  595         3. Changes in a child’s educational placement and, if
  596  necessary, determination of an appropriate mandatory transition
  597  plan in accordance with s. 39.4023.
  598         4. Placement decisions for a child as required by
  599  subparagraph 1., subparagraph 2., or subparagraph 3. which
  600  involve sibling groups that require placement in accordance with
  601  s. 39.4024.
  602         5. Any other important decisions in the child’s life which
  603  are so complex that the department or appropriate community
  604  based care lead agency determines convening a multidisciplinary
  605  team staffing is necessary to ensure the best interest of the
  606  child is maintained.
  607         (b) This section does not apply to multidisciplinary team
  608  staffings that occur for one of the decisions specified in
  609  paragraph (a) and that are facilitated by a children’s advocacy
  610  center in accordance with s. 39.3035. The children’s advocacy
  611  center that facilitates a staffing is encouraged to include
  612  family members or other persons important to the family in the
  613  staffing if the children’s advocacy center determines it is safe
  614  for the child to involve such persons.
  615         (c) This section does not apply to placements made pursuant
  616  to s. 63.082(6).
  617         (6) ASSESSMENTS.—
  618         (a)1. The multidisciplinary team staffing participants
  619  must, before formulating a decision under this section, gather
  620  and consider data and information on the child which is known at
  621  the time, including, but not limited to:
  622         a. The child’s age, maturity, and strengths;
  623         b. Mental, medical, behavioral health, and medication
  624  history;
  625         c. Community ties and school placement;
  626         d. The stability and longevity of the child’s current
  627  placement;
  628         e. The established bonded relationship between the child
  629  and the current or proposed caregiver;
  630         f.The child’s previous and current relationship with a
  631  sibling, if the change in physical custody or placement will
  632  separate or reunite siblings, evaluated in accordance with s.
  633  39.4024;
  634         g. The physical, mental, and emotional health benefits to
  635  the child by remaining in his or her current placement or moving
  636  to the proposed placement;
  637         h. The reasonable preference of the child, if the child is
  638  of sufficient age and capacity to express a preference;
  639         i. The recommendation of the child’s current caregiver, if
  640  applicable;
  641         j. The recommendation of the child’s guardian ad litem, if
  642  one has been appointed;
  643         k. The likelihood of the child attaining permanency in the
  644  current or proposed placement;
  645         l. The likelihood that the child will have to change
  646  schools or day care placement, the impact of such a change, and
  647  the parties’ recommendations as to the timing of the change,
  648  including an education transition plan required under s.
  649  39.4023;
  650         m. The disruption of continuity of care with medical,
  651  mental health, behavioral health, dental, or other treatment
  652  services the child is receiving at the time of the change of
  653  custody decision;
  654         n. The allegations of any abuse, abandonment, or neglect,
  655  including sexual abuse and trafficking history, which caused the
  656  child to be placed in out-of-home care and any history of
  657  additional allegations of abuse, abandonment, or neglect;
  658         o. The impact on activities that are important to the
  659  child, including the ability of the child to continue in such
  660  activities;
  661         p. The impact on the child’s future access to education,
  662  Medicaid, and independent living benefits; and
  663         q. Any other relevant factors.
  664         2. Multidisciplinary team staffings may not be delayed to
  665  accommodate pending behavioral health screenings or assessments
  666  or pending referrals for services.
  667         (b) The assessment conducted by the multidisciplinary team
  668  may also use an evidence-based assessment instrument or tool
  669  that is best suited for determining the specific decision of the
  670  staffing and the needs of that individual child and family.
  671         (c) To adequately prepare for a multidisciplinary staffing
  672  team meeting to consider a decision related to a child 3 years
  673  of age or younger, all of the following information on the child
  674  which is known at the time must be gathered and considered by
  675  the team:
  676         1. Identified kin and relatives who express interest in
  677  caring for the child, including strategies to overcome potential
  678  delays in placing the child with such persons if they are
  679  suitable.
  680         2. The likelihood that the child can remain with the
  681  prospective caregiver past the point of initial removal and
  682  placement with, or subsequent transition to, the caregiver and
  683  the willingness of the caregiver to provide care for any
  684  duration deemed necessary if placement is made.
  685         3. The prospective caregiver’s ability and willingness to:
  686         a. Accept supports related to early childhood development
  687  and services addressing any possible developmental delays;
  688         b. Address the emotional needs of the child and accept
  689  infant mental health supports, if needed;
  690         c. Help nurture the child during the transition into out
  691  of-home care;
  692         d. Work with the parent to build or maintain the attachment
  693  relationship between parent and child;
  694         e. Effectively co-parent with the parent; and
  695         f. Ensure frequent family visits and sibling visits.
  696         4. Placement decisions for each child in out-of-home
  697  placement which are made under this paragraph must be reviewed
  698  as often as necessary to ensure permanency for that child and to
  699  address special issues that may arise which are unique to
  700  younger children.
  701         (d)1. If the participants of a multidisciplinary team
  702  staffing reach a unanimous consensus decision, it becomes the
  703  official position of the community-based care lead agency
  704  regarding the decision under subsection (5) for which the team
  705  convened. Such decision is binding upon all department and lead
  706  agency participants, who are obligated to support it.
  707         2. If the participants of a multidisciplinary team staffing
  708  cannot reach a unanimous consensus decision on a plan to address
  709  the identified goal, the trained professional acting as the
  710  facilitator shall notify the court and the department within 48
  711  hours after the conclusion of the staffing. The department shall
  712  then determine how to address the identified goal of the
  713  staffing by what is in the child’s best interest.
  714         (7) CONVENING A TEAM UPON REMOVAL.—The formation of a
  715  multidisciplinary team staffing must begin as soon as possible
  716  when a child is removed from a home. The multidisciplinary team
  717  must convene a staffing no later than 72 hours from the date of
  718  a subsequent removal in an emergency situation in accordance
  719  with s. 39.4023.
  720         (8) REPORT.—If a multidisciplinary team staffing fails to
  721  reach a unanimous consensus decision, the facilitator must
  722  prepare and submit a written report to the court within 5
  723  business days after the conclusion of the staffing which details
  724  the decision made at the conclusion of the multidisciplinary
  725  team staffing under subsection (6) and the positions of the
  726  staffing’s participants.
  727         (9) CONFIDENTIALITY.—Notwithstanding any other provision of
  728  law, participants representing the department and the community
  729  based care lead agency may discuss confidential information
  730  during a multidisciplinary team staffing in the presence of
  731  individuals who participate in the staffing. Information
  732  collected by any agency or entity that participates in the
  733  multidisciplinary team staffing which is confidential and exempt
  734  upon collection remains confidential and exempt when discussed
  735  in a staffing required under this section. All individuals who
  736  participate in the staffing shall maintain the confidentiality
  737  of any information shared during the staffing.
  738         (10)CONSTRUCTION.—This section may not be construed to
  739  mean that multidisciplinary team staffings coordinated by the
  740  department or the appropriate lead agency for purposes other
  741  than those provided for in subsection (5) before October 1,
  742  2021, are no longer required to be conducted or are required to
  743  be conducted in accordance with this section. Further, this
  744  section may not be construed to create a duty on the department
  745  or lead agency to attend multidisciplinary staffings that the
  746  department or lead agency does not attend for any purpose
  747  specified in subsection (5) for which the department or lead
  748  agency is not required to attend before October 1, 2021.
  749         (11) RULEMAKING.—The department shall adopt rules to
  750  implement this section.
  751         Section 6. Section 39.4023, Florida Statutes, is created to
  752  read:
  753         39.4023 Placement and education transitions; transition
  754  plans.—
  755         (1) LEGISLATIVE FINDINGS AND INTENT.—
  756         (a) The Legislature finds that many children in out-of-home
  757  care experience multiple changes in placement, and those
  758  transitions often result in trauma not only for the child but
  759  also for caregivers, families, siblings, and all professionals
  760  involved.
  761         (b)The Legislature further finds that poorly planned and
  762  executed or improperly timed transitions may adversely impact a
  763  child’s healthy development as well as the child’s continuing
  764  capacity to trust, attach to others, and build relationships in
  765  the future.
  766         (c) The Legislature finds that the best child welfare
  767  practices recognize the need to prioritize the minimization of
  768  the number of placements for every child in out-of-home care.
  769  Further, the Legislature finds that efforts must be made to
  770  support caregivers in order to promote stability. When placement
  771  changes are necessary, they must be thoughtfully planned.
  772         (d) The Legislature finds that transition plans are
  773  critical when moving all children, including infants, toddlers,
  774  school-age children, adolescents, and young adults.
  775         (e) It is the intent of the Legislature that a placement
  776  change or an educational change for a child in out-of-home care
  777  be achieved ideally through a period of transition that is
  778  unique to each child, provides support for all individuals
  779  affected by the change, and has flexible planning to allow for
  780  changes necessary to meet the needs of the child.
  781         (2) DEFINITIONS.—As used in this section, the term:
  782         (a) “Educational change” means any time a child is moved
  783  between schools when such move is not the result of the natural
  784  transition from elementary school to middle school or middle
  785  school to high school. The term also includes changes in child
  786  care or early education programs for infants and toddlers.
  787         (b)“Emergency situation” means that there is an imminent
  788  risk to the health or safety of the child, other children, or
  789  others in the home or facility if the child remains in the
  790  placement.
  791         (c)“Placement change” means any time a child is moved from
  792  one caregiver to another, including moves to a foster home, a
  793  group home, relatives, prospective guardians, or prospective
  794  adoptive parents and reunification with parents or legal
  795  custodian. A child being moved temporarily to respite care for
  796  the purpose of providing the primary caregiver relief does not
  797  constitute a placement change.
  798         (d)“School” means any child care, early education,
  799  elementary, secondary, or postsecondary educational setting.
  800         (3) PLACEMENT TRANSITIONS.—
  801         (a) Mandatory transition plans.—Except as otherwise
  802  provided, the department or the community-based care lead agency
  803  shall create and implement an individualized transition plan
  804  before each placement change experienced by a child.
  805         (b) Minimizing placement transitions.—Once a caregiver
  806  accepts the responsibility of caring for a child, the child may
  807  be removed from the home of the caregiver only if:
  808         1. The caregiver is unwilling or unable to safely or
  809  legally care for the child;
  810         2. The child and the birth or legal parent are reunified;
  811         3.The child is being placed in a legally permanent home in
  812  accordance with a case plan or court order; or
  813         4.The removal is demonstrably in the best interest of the
  814  child.
  815         (c) Services to prevent disruption.—The community-based
  816  care lead agency shall provide any supportive services deemed
  817  necessary to a caregiver and a child if the child’s current out
  818  of-home placement with the caregiver is in danger of needing
  819  modification. The supportive services must be offered in an
  820  effort to remedy the factors contributing to the placement being
  821  considered unsuitable and therefore contributing to the need for
  822  a change in placement.
  823         (d)Transition planning.—
  824         1. If the supportive services provided pursuant to
  825  paragraph (c) have not been successful to make the maintenance
  826  of the placement suitable or if there are other circumstances
  827  that require the child to be moved, the department or the
  828  community-based care lead agency must convene a
  829  multidisciplinary team staffing as required under s. 39.4022
  830  before the child’s placement is changed, or within 72 hours of
  831  moving the child in an emergency situation, for the purpose of
  832  developing an appropriate transition plan.
  833         2. A placement change may occur immediately in an emergency
  834  situation without convening a multidisciplinary team staffing.
  835  However, a multidisciplinary team staffing must be held within
  836  72 hours after the emergency situation arises.
  837         3.At least 14 days before moving a child from one out-of
  838  home placement to another or within 72 hours after an emergency
  839  situation, the department or the community-based care lead
  840  agency must provide written notice of the planned move and must
  841  include in the notice the reason a placement change is
  842  necessary. A copy of the notice must be filed with the court and
  843  be provided to:
  844         a. The child, unless he or she, due to age or capacity, is
  845  unable to comprehend the written notice, which will necessitate
  846  the department or lead agency to provide notice in an age- and
  847  capacity-appropriate alternative manner;
  848         b. The child’s parents, unless prohibited by court order;
  849         c. The child’s out-of-home caregiver;
  850         d. The guardian ad litem, if one is appointed;
  851         e. The attorney for the child, if one is appointed; and
  852         f. The attorney for the department.
  853         4.a.The transition plan must be developed through
  854  cooperation among the persons included in subparagraph 3., and
  855  such persons must share any relevant information necessary to
  856  ensure that the transition plan does all of the following:
  857         (I)Respects the child’s developmental stage and
  858  psychological needs.
  859         (II)Ensures the child has all of his or her belongings and
  860  is allowed to help pack those belongings when appropriate.
  861         (III)Allows for a gradual transition from the current
  862  caregiver’s home with substantial overlap between the two
  863  caregivers and provides time for the child to have a final
  864  visitation with everyone important to the child from the current
  865  placement, including pets.
  866         (IV)Allows, when possible, for continued contact with the
  867  previous caregiver and others in the home after the child
  868  leaves.
  869         (V) Prohibits a placement change which occurs between 7
  870  p.m. and 8 a.m.
  871         b. However, this subparagraph is not applicable when the
  872  basis for a removal necessitating the transition plan is the
  873  result of an emergency situation due to direct safety concerns
  874  caused by a caregiver in the current placement.
  875         5. The department or the community-based care lead agency
  876  shall file the transition plan with the court within 48 hours
  877  after the creation of such plan and provide a copy of the plan
  878  to the persons included in subparagraph 3.
  879         (e) Additional considerations for transitions of infants
  880  and children under school age.—Relationship patterns over the
  881  first year of life are important predictors of future
  882  relationships. Research demonstrates that babies begin to form a
  883  strong attachment to a caregiver at approximately 7 months of
  884  age. From that period of time through age 2, moving a child from
  885  a caregiver who is the psychological parent is considerably more
  886  damaging. Placement decisions must focus on promoting security
  887  and continuity for infants and children under 5 years of age in
  888  out-of-home care. Transition plans for infants and young
  889  children must describe the facts that were considered when each
  890  of the following were discussed and must specify what decision
  891  was made as to how each of the following applies to the child:
  892         1.The age of the child and the child’s current ability to
  893  accomplish developmental tasks, with consideration made for
  894  whether the child is:
  895         a. Six months of age or younger, thereby indicating that it
  896  may be in the child’s best interest to move the child sooner
  897  rather than later; or
  898         b. Seven months of age or older, but younger than 3 years
  899  of age, thereby indicating it may not be a healthy time to move
  900  the child.
  901         2.The length of time the child has lived with the current
  902  caregiver, the strength of attachment to the current caregiver,
  903  and the harm of disrupting a healthy attachment compared to the
  904  possible advantage of a change in placement.
  905         3.The relationship, if any, the child has with the new
  906  caregiver and whether a reciprocal agreement exists between the
  907  current caregiver and the prospective caregiver to maintain the
  908  child’s relationship with both caregivers.
  909         4.The pace of the transition and whether flexibility
  910  exists to accelerate or slow down the transition based on the
  911  child’s needs and reactions.
  912         (f)Preparation of prospective caregivers before
  913  placement.
  914         1. Prospective caregivers must be fully informed of the
  915  child’s needs and circumstances and be willing and able to
  916  accept responsibility for providing high-quality care for such
  917  needs and circumstances before placement.
  918         2.The community-based care lead agency shall review with
  919  the prospective caregiver the caregiver’s roles and
  920  responsibilities according to the parenting partnerships plan
  921  for children in out-of-home care pursuant to s. 409.1415. The
  922  case manager shall sign a copy of the parenting partnerships
  923  plan and obtain the signature of the prospective caregiver
  924  acknowledging explanation of the requirements before placement.
  925         (4) EDUCATION TRANSITIONS.—
  926         (a) Findings.Children in out-of-home care frequently
  927  change child care, early education programs, and schools. These
  928  changes can occur when the child first enters out-of-home care,
  929  when the child must move from one caregiver to another, or when
  930  the child returns home upon reunification. Research shows that
  931  children who change schools frequently make less academic
  932  progress than their peers and fall further behind with each
  933  school change. Additionally, educational instability at any
  934  level makes it difficult for children to develop supportive
  935  relationships with teachers or peers. State and federal law
  936  contain requirements that must be adhered to in order to ensure
  937  educational stability for a child in out-of-home care. A child’s
  938  educational setting should only be changed when maintaining the
  939  educational setting is not in the best interest of the child.
  940         (b) Mandatory educational transition plans.—The department
  941  or the community-based care lead agency shall create and
  942  implement an individualized transition plan each time a child
  943  experiences a school change.
  944         (c)Minimizing school changes.
  945         1. Every effort must be made to keep a child in the school
  946  of origin. Any placement decision must include thoughtful
  947  consideration of which school a child will attend if a school
  948  change is necessary.
  949         2.A determination that it is not the child’s best interest
  950  to remain in the school of origin and of which school the child
  951  will attend in the future must be made in consultation with the
  952  following individuals, including, but not limited to, the child;
  953  the parents; the caregiver; the child welfare professional; the
  954  guardian ad litem, if appointed; the educational surrogate, if
  955  appointed; child care and educational staff, including teachers
  956  and guidance counselors; and the school district representative
  957  or foster care liaison.
  958         3.If a determination is made that remaining in the school
  959  or program of origin is not in the child’s best interest,
  960  selection of a new school or program must consider relevant
  961  factors, including, but not limited to:
  962         a.The child’s desire to remain in the school or program of
  963  origin.
  964         b.The preference of the child’s parents or legal
  965  guardians.
  966         c.Whether the child has siblings, close friends, or
  967  mentors at the school or program of origin.
  968         d.The child’s cultural and community connections in the
  969  school or program of origin.
  970         e.Whether the child is suspected of having a disability
  971  under the Individuals with Disabilities Education Act (IDEA) or
  972  s. 504 of the Rehabilitation Act of 1973, or has begun receiving
  973  interventions under this state’s multitiered system of supports.
  974         f.Whether the child has an evaluation pending for special
  975  education and related services under IDEA or s. 504 of the
  976  Rehabilitation Act of 1973.
  977         g.Whether the child is a student with a disability under
  978  IDEA who is receiving special education and related services or
  979  a student with a disability under s. 504 of the Rehabilitation
  980  Act of 1973 who is receiving accommodations and services and, if
  981  so, whether those required services are available in a school or
  982  program other than the school or program of origin.
  983         h.Whether the child is an English Language Learner student
  984  and is receiving language services, and if so, whether those
  985  required services are available in a school or program other
  986  than the school or program of origin.
  987         i.The impact a change to the school or program of origin
  988  would have on academic credits and progress toward promotion.
  989         j.The availability of extracurricular activities important
  990  to the child.
  991         k.The child’s known individualized educational plan or
  992  other medical and behavioral health needs and whether such plan
  993  or needs are able to be met at a school or program other than
  994  the school or program of origin.
  995         l.The child’s permanency goal and timeframe for achieving
  996  permanency.
  997         m.The child’s history of school transfers and how such
  998  transfers have impacted the child academically, emotionally, and
  999  behaviorally.
 1000         n.The length of the commute to the school or program from
 1001  the child’s home or placement and how such commute would impact
 1002  the child.
 1003         o.The length of time the child has attended the school or
 1004  program of origin.
 1005         4.The cost of transportation cannot be a factor in making
 1006  a best interest determination.
 1007         (d)Transitions between child care and early education
 1008  programs.—When a child enters out-of-home care or undergoes a
 1009  placement change, the child shall, if possible, remain with a
 1010  familiar child care provider or early education program unless
 1011  there is an opportunity to transition to a higher quality
 1012  program. If it is not possible for the child to remain with the
 1013  familiar child care provider or early education program or
 1014  transition to a higher quality program, the child’s transition
 1015  plan must be made with the participation of the child’s current
 1016  and future school or program. The plan must give the child an
 1017  opportunity to say goodbye to important figures in the
 1018  educational environment.
 1019         (e)Transitions between K-12 schools.The transition plan
 1020  for a transition between K-12 schools must include all of the
 1021  following:
 1022         1.Documentation that the department or community-based
 1023  care lead agency has made the decision to change the child’s
 1024  school in accordance with paragraph (c). The plan must include a
 1025  detailed discussion of all factors considered in reaching the
 1026  decision to change the child’s school.
 1027         2.Documentation that the department or community-based
 1028  care lead agency has coordinated with local educational agencies
 1029  to provide immediate and appropriate enrollment in a new school,
 1030  including transfer of educational records, any record of a
 1031  school-entry health examination, and arrangements for
 1032  transportation to the new school.
 1033         3.Discussion of the timing of the proposed school change
 1034  which addresses the potential impact on the child’s education
 1035  and extracurricular activities. This section must include, at a
 1036  minimum, grading periods, exam schedules, credit acquisitions,
 1037  sports eligibility, and extracurricular participation.
 1038         4.Details concerning the transportation of the child to
 1039  school.
 1040         (5) TRANSITION PLAN AND DOCUMENTATION.
 1041         (a)The department, in collaboration with the Quality
 1042  Parenting Initiative, shall develop a form to be completed and
 1043  updated each time a child in out-of-home care is moved from one
 1044  placement to another.
 1045         (b) A completed form must be attached to the case record
 1046  face sheet required to be included in the case file pursuant to
 1047  s. 39.00146. The form must be used statewide and, at a minimum,
 1048  must include all of the following information:
 1049         1.The membership of the multidisciplinary team staffing
 1050  convened under s. 39.4022 to develop a transition plan for the
 1051  change in placement and the dates on which the team met.
 1052         2.The name of the person who served as the facilitator in
 1053  that specific multidisciplinary team staffing.
 1054         3.The topics considered by the multidisciplinary team
 1055  staffing in order to ensure an appropriate transition.
 1056         4.The recommendations of the multidisciplinary team and
 1057  the name of each individual or entity responsible for carrying
 1058  out each recommendation.
 1059         (c) The department or the community-based care lead agency
 1060  shall document all multidisciplinary team staffings and
 1061  placement transition decisions in the Florida Safe Families
 1062  Network and must include the information in the social study
 1063  report for judicial review, as required under s. 39.701.
 1064         (6)EXEMPTION.—Placements made pursuant to s. 63.082(6) are
 1065  exempt from this section.
 1066         (7) RULEMAKING.—The department shall adopt rules to
 1067  implement this section.
 1068         Section 7. Section 39.4024, Florida Statutes, is created to
 1069  read:
 1070         39.4024 Placement of siblings; visitation; continuing
 1071  contact.—
 1072         (1) LEGISLATIVE FINDINGS.—
 1073         (a) The Legislature finds that sibling relationships can
 1074  provide a significant source of continuity throughout a child’s
 1075  life and are likely to be the longest relationships that most
 1076  individuals experience. Further, the placement of siblings
 1077  together can increase the likelihood of achieving permanency and
 1078  is associated with a significantly higher rate of family
 1079  reunification.
 1080         (b) The Legislature finds that it is beneficial for a child
 1081  who is placed in out-of-home care to be able to continue
 1082  existing relationships with his or her siblings, regardless of
 1083  age, so that they may share their strengths and association in
 1084  their everyday and often common experiences.
 1085         (c) The Legislature also finds that healthy connections
 1086  with siblings can serve as a protective factor for children who
 1087  have been placed in out-of-home care. The Legislature finds that
 1088  child protective investigators and caseworkers should be aware
 1089  of the variety of demographic and external situational factors
 1090  that may present challenges to placement in order to identify
 1091  such factors relevant to a particular group of siblings and
 1092  ensure that these factors are not the sole reasons that siblings
 1093  are not placed together.
 1094         (d) The Legislature also finds that it is the
 1095  responsibility of all entities and adults involved in a child’s
 1096  life, including, but not limited to, the department, community
 1097  based care lead agencies, parents, foster parents, guardians ad
 1098  litem, next of kin, and other persons important to the child to
 1099  seek opportunities to foster sibling relationships to promote
 1100  continuity and help sustain family connections.
 1101         (e) While there is a presumption in law and policy that it
 1102  is in the best interest of a child going into out-of-home care
 1103  to be placed with any siblings, the Legislature finds that
 1104  overall well-being of the child and family improves when the
 1105  person or team responsible for placement decisions evaluates the
 1106  child’s sibling and family bonds and prioritizes the bonds that
 1107  are unique drivers of the child’s ability to maintain and
 1108  develop healthy relationships. The person or team with an
 1109  understanding of the need to balance all attachment bonds of a
 1110  child and the potential need to prioritize existing and healthy
 1111  sibling relationships differently than a potential or unhealthy
 1112  sibling relationship over a healthy existing bond with a
 1113  caregiver will result in more stable and healthier placements
 1114  for all children in out-of-home care.
 1115         (2)DEFINITIONS.As used in this section, the term:
 1116         (a) “Lead agency” means a community-based care lead agency
 1117  under contract with the department to provide care to children
 1118  in foster care under chapter 409.
 1119         (b) “Multidisciplinary teamhas the same meaning as
 1120  provided in s. 39.4022.
 1121         (c) “Sibling” means:
 1122         1. A child who shares a birth parent or legal parent with
 1123  one or more other children; or
 1124         2.A child who has lived together in a family with one or
 1125  more other children whom he or she identifies as siblings.
 1126         (3)PLACEMENT OF SIBLINGS IN OUT-OF-HOME CARE.—
 1127         (a) General provisions.—
 1128         1. The department or lead agency shall make reasonable
 1129  efforts to place sibling groups that are removed from their home
 1130  in the same foster, kinship, adoptive, or guardianship home when
 1131  it is in the best interest of each sibling and when an
 1132  appropriate, capable, and willing joint placement for the
 1133  sibling group is available.
 1134         2. If a child enters out-of-home care after his or her
 1135  sibling, the department or lead agency and the multidisciplinary
 1136  team shall make reasonable efforts to initially place the child
 1137  who has entered out-of-home care with his or her siblings in the
 1138  sibling’s existing placement, provided it would not jeopardize
 1139  the stability of such placement and it is in the best interest
 1140  for each child.
 1141         3. When determining whether to move a child from a current
 1142  placement to a new placement when such change is initiated by a
 1143  sibling relationship, all relevant factors must be considered by
 1144  the multidisciplinary team to ensure that the child is best
 1145  served by the decision. A uniform policy that does not consider
 1146  and apply a balancing test to ensure all existing attachment
 1147  bonds for a child and his or her siblings are honored and
 1148  evaluated holistically may result in placement decisions or
 1149  changes of placement decisions that may result in additional
 1150  trauma.
 1151         4. The department and the court are not required to make a
 1152  change in placement, whether such change is to the physical
 1153  residential address of the child or the legal custody of the
 1154  child, to develop a relationship between siblings which did not
 1155  exist at the time a child is placed in out-of-home care.
 1156         (b)Factors to consider when placing sibling groups.—
 1157         1. At the time a child who is a part of a sibling group is
 1158  removed from the home, the department or lead agency shall
 1159  convene a multidisciplinary team staffing in accordance with s.
 1160  39.4022 to determine and assess the sibling relationships from
 1161  the perspective of each child to ensure the best placement of
 1162  each child in the sibling group. The multidisciplinary team
 1163  shall consider all relevant factors included in s. 39.4022 and
 1164  this section, including, but not limited to, the existing
 1165  emotional ties between and among the siblings, the degree of
 1166  harm each child is likely to experience as a result of
 1167  separation, and the standard protocols established by the
 1168  Quality Parenting Initiative under paragraph (d).
 1169         2.a. If the department or the appropriate lead agency is
 1170  able to locate a caregiver that will accept the sibling group
 1171  and the multidisciplinary team determines that the placement is
 1172  suitable for each child, the sibling group must be placed
 1173  together.
 1174         b. If the department or appropriate lead agency is not able
 1175  to locate a caregiver or placement option that allows the
 1176  sibling group to be placed together in an initial placement, the
 1177  department or lead agency must make all reasonable efforts to
 1178  ensure contact and visitation between siblings placed in
 1179  separate out-of-home care placements and provide reviews of the
 1180  placements in accordance with this section.
 1181         3. If all the siblings are unable to be placed in an
 1182  existing placement and the siblings do not have an existing
 1183  relationship, when determining whether to move any child who is
 1184  part of the sibling group from his or her current placement to a
 1185  new placement that will unite the sibling group, the department
 1186  or lead agency must consider all of the following additional
 1187  factors:
 1188         a.The presence and quality of current attachment
 1189  relationships, including:
 1190         (I)The quality and length of the attachment of the child
 1191  to both the current and prospective caregiver;
 1192         (II) The age of the child at placement with the current
 1193  caregiver and the child’s current age as well as the ages of any
 1194  siblings;
 1195         (III) The ease with which the child formed an attachment to
 1196  the current family;
 1197         (IV) Any indications of attachment difficulty in the
 1198  child’s history; and
 1199         (V) The number of moves and number of caregivers the child
 1200  has experienced.
 1201         b. The potential of the new caregiver to be a primary
 1202  attachment figure to the sibling group by ensuring care for each
 1203  child’s physical needs and the willingness and availability to
 1204  meet the each child’s emotional needs.
 1205         c.The quality of existing sibling relationships and the
 1206  potential quality of sibling relationships that can be formed
 1207  between the children.
 1208         d.The consideration of any costs and benefits of
 1209  disrupting existing emotional attachments to a primary caregiver
 1210  to place children in a new placement with siblings, including:
 1211         (I) The length and quality of the established and current
 1212  primary attachment relationships between the siblings and
 1213  between the siblings and their current caregivers; and
 1214         (II) Relationships between any other siblings and whether
 1215  such relationships appear adequate and not stressful or harmful.
 1216         e.The ability to establish and maintain sibling visitation
 1217  and contact pursuant to this section in a manner and schedule
 1218  that makes sense for an infant or young child if it is
 1219  determined that the infant or young child is to remain with his
 1220  or her primary caregivers rather than be placed with his or her
 1221  siblings.
 1222         f. The ability to establish and maintain contact with the
 1223  sibling and new caregiver as part of a transition plan developed
 1224  in accordance with paragraph (c) and s. 39.4023 before changing
 1225  the child’s placement to allow the child, his or her siblings,
 1226  and new caregiver to adjust and form bonds.
 1227         (c) Transitioning a child after a determination.—If after
 1228  considering the provisions and factors described in paragraphs
 1229  (a) and (b) it is determined that the child would benefit from
 1230  being placed with his or her siblings, the transition of the
 1231  child to the new home must be carried out gradually in
 1232  accordance with s. 39.4023.
 1233         (d) Standards for evaluating sibling placements.—The
 1234  department, in collaboration with the Quality Parenting
 1235  Initiative, must develop standard protocols for the department
 1236  and lead agency which incorporate the provisions and factors
 1237  described in paragraphs (a), (b), and (c) and any other factors
 1238  deemed relevant for use in making decisions about when placing
 1239  siblings together would be contrary to a child’s well-being or
 1240  safety or decisions providing for frequent visitation and
 1241  contact under subsection (4).
 1242         (4) MAINTAINING CONTACT WHEN SIBLINGS ARE SEPARATED.—
 1243         (a) Regular contact among a sibling group that cannot be
 1244  placed together, especially among siblings with existing
 1245  attachments to each other, is critical for the siblings to
 1246  maintain their existing bonds and relationships or to develop
 1247  such bonds and attachments, if appropriate. The following
 1248  practices must be considered in helping to maintain or
 1249  strengthen the relationships of separated siblings:
 1250         1. Respect and support the child’s ties to his or her birth
 1251  or legal family, including parents, siblings, and extended
 1252  family members, must be provided by the caregiver, and he or she
 1253  must assist the child in maintaining allowable visitation and
 1254  other forms of communication. The department and lead agency
 1255  shall provide a caregiver with the information, guidance,
 1256  training, and support necessary for fulfilling this
 1257  responsibility.
 1258         2.Provide adequate support to address any caregiver
 1259  concerns and to enhance the caregiver’s ability to facilitate
 1260  contact between siblings who are not in the same out-of-home
 1261  placement and promote the benefits of sibling contact.
 1262         3. Prioritize placements with kinship caregivers who have
 1263  an established personal relationship with each child so that
 1264  even when siblings cannot be placed together in the same home,
 1265  kinship caregivers are more likely to facilitate contact.
 1266         4.Prioritize placement of siblings geographically near
 1267  each other, such as in the same neighborhood or school district,
 1268  to make it easier for the siblings to see each other regularly.
 1269         5. Encourage frequent and regular visitation, if the
 1270  siblings choose to do so, to allow the children to be actively
 1271  involved in each other’s lives and to participate in
 1272  celebrations, including, but not limited to, birthdays,
 1273  graduations, holidays, school and extracurricular activities,
 1274  cultural customs, and other milestones.
 1275         6.Provide other forms of contact when regular in-person
 1276  meetings are not possible or are not sufficient to meet the
 1277  needs or desires of the siblings, such as maintaining frequent
 1278  contact through letters, e-mail, social media, cards, or
 1279  telephone calls.
 1280         7. Coordinate, when possible, joint outings or summer or
 1281  weekend camp experiences to facilitate time together, including,
 1282  but not limited to, activities or camps specifically designed
 1283  for siblings in out-of-home care.
 1284         8.Encourage joint respite care to assist the caregivers
 1285  who are caring for separated siblings to have needed breaks
 1286  while also facilitating contact among the siblings, including,
 1287  but not limited to, providing babysitting or respite care for
 1288  each other. A child being moved temporarily as respite care for
 1289  the purpose of providing the primary caregiver relief and
 1290  encouraging and facilitating contact among the siblings does not
 1291  constitute a placement change or require the convening of a
 1292  multidisciplinary team.
 1293         9.Prohibit the withholding communication or visitation
 1294  among the siblings as a form of punishment.
 1295         (b) The court may limit or restrict communication or
 1296  visitation under this subsection only upon a finding by clear
 1297  and convincing evidence that the communication or visitation is
 1298  harmful to the child. If the court makes such a finding, it must
 1299  direct the department or lead agency to immediately provide
 1300  services to ameliorate the harm so that communication and
 1301  visitation may be restored as soon as possible.
 1302         (5) SUBSEQUENT REVIEWS.—
 1303         (a) The department and the lead agency shall periodically,
 1304  but at least once every 6 months, reassess sibling placement,
 1305  visitation, and other sibling contact decisions in cases where
 1306  siblings are separated, not visiting, or not maintaining contact
 1307  to determine if a change in placement is warranted unless the
 1308  decision to not place a child with his or her sibling group was
 1309  made due to such placement being inappropriate, unhealthy, or
 1310  unsafe for the child.
 1311         (b) If a child in a sibling group who has been placed in an
 1312  out-of-home care placement with his or her siblings does not
 1313  adjust to the placement, the lead agency must provide services
 1314  to the caregiver and sibling group in accordance with s.
 1315  39.4023(3) to try to prevent the disruption of the placement. If
 1316  after reasonable efforts are made under s. 39.4023(3), the child
 1317  still has not adjusted to the out-of-home placement, a
 1318  multidisciplinary team staffing must be convened to determine
 1319  what is best for all of the children. The multidisciplinary team
 1320  shall review the current placement of the sibling group and
 1321  choose a plan that will be least detrimental to each child. If
 1322  the team determines that the best decision is to move the child
 1323  who has not adjusted to a new out-of-home placement, the team
 1324  must develop a transition plan in accordance with ss. 39.4022
 1325  and 39.4023 which ensures the opportunity for the siblings to
 1326  maintain contact in accordance with subsection (4) of this
 1327  section.
 1328         (c) If it becomes known that a child in out-of-home care
 1329  has a sibling of whom the child, department, or lead agency was
 1330  previously unaware, the department or lead agency must convene a
 1331  multidisciplinary team staffing within a reasonable amount of
 1332  time after the discovery of such sibling to decide if the
 1333  current placement or permanency plan requires modification.
 1334         (6) ADDITIONAL REQUIREMENTS AND CONSIDERATIONS.—
 1335         (a)The department shall promptly provide a child with the
 1336  location of and contact information for his or her siblings. If
 1337  the existence or location of or contact information for a
 1338  child’s siblings is not known, the department must make
 1339  reasonable efforts to ascertain such information.
 1340         (b) If a child’s sibling is also in out-of-home care and
 1341  such sibling leaves out-of-home care for any reason, including,
 1342  but not limited to, emancipation, adoption, or reunification
 1343  with his or her parent or guardian, the child has a right to
 1344  continued communication with his or her sibling as provided
 1345  under subsection (4) either:
 1346         1. Upon consent by the legally emancipated sibling, the
 1347  sibling’s adoptive parent, or the parent with whom the sibling
 1348  was reunified; or
 1349         2. By order of the court that is considering the adoption
 1350  or reunification of the sibling who is leaving out-of-home care,
 1351  provided the court determines that such communication is in the
 1352  best interest of each sibling.
 1353         (c)The department or the lead agency must document in
 1354  writing any decision to separate siblings in the case file as
 1355  required in s. 39.00146 and document the decision in the Florida
 1356  Safe Families Network. The documentation must include any
 1357  efforts made to keep the siblings together, an assessment of the
 1358  short-term and long-term effects of separation on each child and
 1359  the sibling group as a whole, and a description of the plan for
 1360  communication or contact between the children if separation is
 1361  approved.
 1362         (7) EXEMPTION.—Placements made pursuant to s. 63.082(6) are
 1363  exempt from this section.
 1364         (8) RULEMAKING AUTHORITY.—The department shall adopt rules
 1365  to implement this section.
 1366         Section 8. Section 39.522, Florida Statutes, is amended to
 1367  read:
 1368         39.522 Postdisposition change of custody.—
 1369         (1) The court may change the temporary legal custody or the
 1370  conditions of protective supervision at a postdisposition
 1371  hearing, without the necessity of another adjudicatory hearing.
 1372         (2)(a)(1)(a) At any time before a child is residing in the
 1373  permanent placement approved at the permanency hearing, a child
 1374  who has been placed in the child’s own home under the protective
 1375  supervision of an authorized agent of the department, in the
 1376  home of a relative, in the home of a legal custodian, or in some
 1377  other place may be brought before the court by the department or
 1378  by any other interested person, upon the filing of a motion
 1379  alleging a need for a change in the conditions of protective
 1380  supervision or the placement. If any party or the current
 1381  caregiver denies the parents or other legal custodians deny the
 1382  need for a change, the court shall hear all parties in person or
 1383  by counsel, or both.
 1384         (b) Upon the admission of a need for a change or after such
 1385  hearing, the court shall enter an order changing the placement,
 1386  modifying the conditions of protective supervision, or
 1387  continuing the conditions of protective supervision as ordered.
 1388  The standard for changing custody of the child shall be the best
 1389  interests of the child. When determining whether a change of
 1390  legal custody or placement is in the best interests of the
 1391  child, the court shall consider the factors listed in s. 39.4022
 1392  and the report filed by the multidisciplinary team, if
 1393  applicable, unless the change of custody or placement is made
 1394  pursuant to s. 63.082(6). The court shall also consider the
 1395  priority of placements established under s. 39.4021 when making
 1396  a decision regarding the best interest of the child in out-of
 1397  home care:
 1398         1. The child’s age.
 1399         2. The physical, mental, and emotional health benefits to
 1400  the child by remaining in his or her current placement or moving
 1401  to the proposed placement.
 1402         3. The stability and longevity of the child’s current
 1403  placement.
 1404         4. The established bonded relationship between the child
 1405  and the current or proposed caregiver.
 1406         5. The reasonable preference of the child, if the court has
 1407  found that the child is of sufficient intelligence,
 1408  understanding, and experience to express a preference.
 1409         6. The recommendation of the child’s current caregiver.
 1410         7. The recommendation of the child’s guardian ad litem, if
 1411  one has been appointed.
 1412         8. The child’s previous and current relationship with a
 1413  sibling, if the change of legal custody or placement will
 1414  separate or reunite siblings.
 1415         9. The likelihood of the child attaining permanency in the
 1416  current or proposed placement.
 1417         10.Any other relevant factors.
 1418         (c)(b) If the child is not placed in foster care, the new
 1419  placement for the child must meet the home study criteria and
 1420  court approval under this chapter.
 1421         (3)(a) For purposes of this subsection, the term change in
 1422  physical custody” means a change by the department or community
 1423  based care lead agency to the child’s physical residential
 1424  address, regardless of whether such change requires a court
 1425  order to change the legal custody of the child. However, this
 1426  term does not include a change in placement made pursuant to s.
 1427  63.082(6).
 1428         (b)1. In a hearing on the change of physical custody under
 1429  this section, there shall be a rebuttable presumption that it is
 1430  in the child’s best interest to remain permanently in his or her
 1431  current physical placement if:
 1432         a. The child has been in the same safe and stable placement
 1433  for 9 consecutive months or more;
 1434         b. Reunification is not a permanency option for the child;
 1435         c. The caregiver is able, willing, and eligible for
 1436  consideration as an adoptive parent or permanent custodian for
 1437  the child;
 1438         d. The caregiver is not requesting the change in physical
 1439  placement; and
 1440         e. The change in physical placement being sought is not to
 1441  reunify the child with his or her parent or sibling or
 1442  transition the child from a safe and stable nonrelative
 1443  caregiver to a safe and stable relative caregiver.
 1444         2. In order to rebut the presumption established in this
 1445  paragraph, the court shall hold an evidentiary hearing on the
 1446  change in physical custody to determine if the change in
 1447  placement is in the best interest of the child. As part of the
 1448  evidentiary hearing, the court must consider competent and
 1449  substantial evidence and testimony related to the factors
 1450  enumerated in s. 39.4022 and any other evidence deemed relevant
 1451  to a determination of placement, including evidence from a
 1452  court-selected neutral and independent expert in the science and
 1453  research of child-parent bonding and attachment.
 1454         3. This presumption may not be rebutted solely by the
 1455  expressed wishes of a biological parent, a biological relative,
 1456  or a caregiver of a sibling of the child.
 1457         (c)1.The department or community-based care lead agency
 1458  must notify a current caregiver who has been in the physical
 1459  custody placement for at least 9 consecutive months and who
 1460  meets all the established criteria in paragraph (b) of an intent
 1461  to change the physical custody of the child, and a
 1462  multidisciplinary team staffing must be held in accordance with
 1463  ss. 39.4022 and 39.4023 at least 21 days before the intended
 1464  date for the child’s change in physical custody. If there is not
 1465  a unanimous consensus decision reached by the multidisciplinary
 1466  team, the department’s official position must be provided to the
 1467  parties within the designated time period as provided for in s.
 1468  39.4022.
 1469         2. A caregiver who objects to the department’s official
 1470  position on the change in physical custody must notify the court
 1471  and the department or community-based care lead agency of his or
 1472  her objection and the intent to request an evidentiary hearing
 1473  in writing in accordance with this section within 5 days of
 1474  receiving notice of the department’s official position provided
 1475  under subparagraph 1. The transition of the child to the new
 1476  caregiver may not begin before the expiration of the 5-day
 1477  period within which the current caregiver may object.
 1478         3. Upon the department or community-based care lead agency
 1479  receiving written notice of the caregiver’s objection, the
 1480  change to the child’s physical custody must be placed in
 1481  abeyance and the child may not be transitioned to a new physical
 1482  placement without a court order.
 1483         4. Within 7 days after receiving written notice from the
 1484  caregiver, the court must conduct an initial case status
 1485  hearing, at which time the court must:
 1486         a. Grant party status to the current caregiver who is
 1487  seeking permanent custody and has maintained physical custody of
 1488  that child for at least 9 continuous months;
 1489         b. Appoint an attorney for the child who is the subject of
 1490  the permanent custody proceeding, in addition to the guardian ad
 1491  litem, if one is appointed;
 1492         c. Advise the caregiver of his or her right to retain
 1493  counsel for purposes of the evidentiary hearing; and
 1494         d. Appoint a court-selected neutral and independent expert
 1495  in the science and research of child-parent bonding and
 1496  attachment.
 1497         (d) The court must conduct the evidentiary hearing and
 1498  provide a written order of its findings regarding the placement
 1499  that is in the best interest of the child no later than 90 days
 1500  from the date the caregiver provided written notice to the court
 1501  under this subsection. The court must provide its written order
 1502  to the department or community-based care lead agency, the
 1503  caregiver, and the prospective caregiver. The party status
 1504  granted to the current caregiver under sub-subparagraph (c)4.a.
 1505  terminates upon the written order by the court, or upon the 90
 1506  day time limit established in this paragraph, whichever occurs
 1507  first.
 1508         (e) If the court orders that the physical custody of the
 1509  child change from the current caregiver after the evidentiary
 1510  hearing, the department or community-based care lead agency must
 1511  implement the appropriate transition plan developed in
 1512  accordance with ss. 39.4022 and 39.4023 or as ordered by the
 1513  court.
 1514         (4)(2) In cases where the issue before the court is whether
 1515  a child should be reunited with a parent, the court shall review
 1516  the conditions for return and determine whether the
 1517  circumstances that caused the out-of-home placement and issues
 1518  subsequently identified have been remedied to the extent that
 1519  the return of the child to the home with an in-home safety plan
 1520  prepared or approved by the department will not be detrimental
 1521  to the child’s safety, well-being, and physical, mental, and
 1522  emotional health.
 1523         (5)(3) In cases where the issue before the court is whether
 1524  a child who is placed in the custody of a parent should be
 1525  reunited with the other parent upon a finding that the
 1526  circumstances that caused the out-of-home placement and issues
 1527  subsequently identified have been remedied to the extent that
 1528  the return of the child to the home of the other parent with an
 1529  in-home safety plan prepared or approved by the department will
 1530  not be detrimental to the child, the standard shall be that the
 1531  safety, well-being, and physical, mental, and emotional health
 1532  of the child would not be endangered by reunification and that
 1533  reunification would be in the best interest of the child.
 1534         (6)(4) In cases in which the issue before the court is
 1535  whether to place a child in out-of-home care after the child was
 1536  placed in the child’s own home with an in-home safety plan or
 1537  the child was reunified with a parent or caregiver with an in
 1538  home safety plan, the court must consider, at a minimum, the
 1539  following factors in making its determination whether to place
 1540  the child in out-of-home care:
 1541         (a) The circumstances that caused the child’s dependency
 1542  and other subsequently identified issues.
 1543         (b) The length of time the child has been placed in the
 1544  home with an in-home safety plan.
 1545         (c) The parent’s or caregiver’s current level of protective
 1546  capacities.
 1547         (d) The level of increase, if any, in the parent’s or
 1548  caregiver’s protective capacities since the child’s placement in
 1549  the home based on the length of time the child has been placed
 1550  in the home.
 1551  
 1552  The court shall additionally evaluate the child’s permanency
 1553  goal and change the permanency goal as needed if doing so would
 1554  be in the best interests of the child. If the court changes the
 1555  permanency goal, the case plan must be amended pursuant to s.
 1556  39.6013(5).
 1557         Section 9. Subsections (2) and (5) of section 39.523,
 1558  Florida Statutes, are amended to read:
 1559         39.523 Placement in out-of-home care.—
 1560         (2) ASSESSMENT AND PLACEMENT.—When any child is removed
 1561  from a home and placed in into out-of-home care, a comprehensive
 1562  placement assessment process shall be completed in accordance
 1563  with s. 39.4022 to determine the level of care needed by the
 1564  child and match the child with the most appropriate placement.
 1565         (a) The community-based care lead agency or subcontracted
 1566  agency with the responsibility for assessment and placement must
 1567  coordinate a multidisciplinary team staffing as established in
 1568  s. 39.4022 with the necessary participants for the stated
 1569  purpose of the staffing with any available individual currently
 1570  involved with the child including, but not limited to, a
 1571  representative from the department and the case manager for the
 1572  child; a therapist, attorney ad litem, guardian ad litem,
 1573  teachers, coaches, Children’s Medical Services; and other
 1574  community providers of services to the child or stakeholders as
 1575  applicable. The team may also include clergy, relatives, and
 1576  fictive kin if appropriate. Team participants must gather data
 1577  and information on the child which is known at the time
 1578  including, but not limited to:
 1579         1. Mental, medical, behavioral health, and medication
 1580  history;
 1581         2. Community ties and school placement;
 1582         3. Current placement decisions relating to any siblings;
 1583         4. Alleged type of abuse or neglect including sexual abuse
 1584  and trafficking history; and
 1585         5. The child’s age, maturity, strengths, hobbies or
 1586  activities, and the child’s preference for placement.
 1587         (b) The comprehensive placement assessment process may also
 1588  include the use of an assessment instrument or tool that is best
 1589  suited for the individual child.
 1590         (c) The most appropriate available out-of-home placement
 1591  shall be chosen after consideration by all members of the
 1592  multidisciplinary team of all of the information and data
 1593  gathered, including the results and recommendations of any
 1594  evaluations conducted.
 1595         (d) Placement decisions for each child in out-of-home
 1596  placement shall be reviewed as often as necessary to ensure
 1597  permanency for that child and address special issues related to
 1598  this population of children.
 1599         (e) The department, a sheriff’s office acting under s.
 1600  39.3065, a community-based care lead agency, or a case
 1601  management organization must document all placement assessments
 1602  and placement decisions in the Florida Safe Families Network.
 1603         (f) If it is determined during the comprehensive placement
 1604  assessment process that residential treatment as defined in s.
 1605  39.407 would be suitable for the child, the procedures in that
 1606  section must be followed.
 1607         (5) RULEMAKING.—The department shall may adopt rules to
 1608  implement this section.
 1609         Section 10. Paragraph (e) of subsection (1) of section
 1610  39.806, Florida Statutes, is amended to read:
 1611         39.806 Grounds for termination of parental rights.—
 1612         (1) Grounds for the termination of parental rights may be
 1613  established under any of the following circumstances:
 1614         (e) When a child has been adjudicated dependent, a case
 1615  plan has been filed with the court, and:
 1616         1. The child continues to be abused, neglected, or
 1617  abandoned by the parent or parents. The failure of the parent or
 1618  parents to substantially comply with the case plan for a period
 1619  of 12 months after an adjudication of the child as a dependent
 1620  child or the child’s placement into shelter care, whichever
 1621  occurs first, constitutes evidence of continuing abuse, neglect,
 1622  or abandonment unless the failure to substantially comply with
 1623  the case plan was due to the parent’s lack of financial
 1624  resources or to the failure of the department to make reasonable
 1625  efforts to reunify the parent and child. The 12-month period
 1626  begins to run only after the child’s placement into shelter care
 1627  or the entry of a disposition order placing the custody of the
 1628  child with the department or a person other than the parent and
 1629  the court’s approval of a case plan having the goal of
 1630  reunification with the parent, whichever occurs first; or
 1631         2. The parent or parents have materially breached the case
 1632  plan by their action or inaction. Time is of the essence for
 1633  permanency of children in the dependency system. In order to
 1634  prove the parent or parents have materially breached the case
 1635  plan, the court must find by clear and convincing evidence that
 1636  the parent or parents are unlikely or unable to substantially
 1637  comply with the case plan before time to comply with the case
 1638  plan expires.
 1639         3. The child has been in care for any 12 of the last 22
 1640  months and the parents have not substantially complied with the
 1641  case plan so as to permit reunification under s. 39.522(4) s.
 1642  39.522(2) unless the failure to substantially comply with the
 1643  case plan was due to the parent’s lack of financial resources or
 1644  to the failure of the department to make reasonable efforts to
 1645  reunify the parent and child.
 1646         Section 11. This act shall take effect October 1, 2021.