ENROLLED
       2021 Legislature              CS for CS for SB 80, 1st Engrossed
       
       
       
       
       
       
                                                               202180er
    1  
    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; creating s. 39.01375, F.S.;
   18         providing best interest factors that certain entities
   19         must consider when determining a proposed placement
   20         for a child; amending s. 39.401, F.S.; requiring the
   21         department to determine out-of-home placement based on
   22         priority of placements and other factors; amending s.
   23         39.402, F.S.; requiring the department to make
   24         reasonable efforts to place a child in out-of-home
   25         care based on priority of placements; providing
   26         exceptions and other criteria; creating s. 39.4021,
   27         F.S.; providing legislative findings; establishing
   28         certain placement priorities for out-of-home
   29         placements; requiring the department or lead agency to
   30         place sibling groups together when possible if in the
   31         best interest of each child after considering
   32         specified factors; providing an exception; providing
   33         construction; creating s. 39.4022, F.S.; providing
   34         legislative intent; defining terms; requiring that
   35         multidisciplinary teams be established for certain
   36         purposes; providing goals for such teams; providing
   37         for membership of multidisciplinary team staffings;
   38         authorizing the department or lead agency to invite
   39         other participants to attend a team staffing under
   40         certain circumstances; authorizing members of a
   41         multidisciplinary team to attend staffings in person
   42         or remotely; providing requirements for
   43         multidisciplinary team staffings; requiring that team
   44         staffings be held when specified decisions regarding a
   45         child must be made; providing applicability; requiring
   46         team staffing participants to gather and consider data
   47         and information on the child before formulating a
   48         decision; providing for the use of an evidence-based
   49         assessment instrument or tool; requiring
   50         multidisciplinary teams to conduct supplemental
   51         assessments for certain children; requiring team
   52         participants to gather certain information related to
   53         the child for such supplemental assessments; requiring
   54         that a unanimous consensus decision reached by the
   55         team becomes the official position and that specified
   56         parties are bound by such consensus decision;
   57         providing procedures for when the team does not reach
   58         a consensus decision; requiring that the department
   59         determine a suitable placement if the team cannot come
   60         to a consensus decision; requiring the formation of a
   61         team within specified timeframes; requiring the
   62         facilitator to file a report with the court within a
   63         specified timeframe if the team does not reach a
   64         consensus decision; providing requirements for the
   65         report; authorizing specified parties to discuss
   66         confidential information during a team staffing in the
   67         presence of participating individuals; providing that
   68         information collected by any agency or entity that
   69         participates in a staffing which is confidential and
   70         exempt upon collection remains confidential and exempt
   71         when discussed in staffings; requiring individuals who
   72         participate in a staffing to maintain the
   73         confidentiality of all information shared; providing
   74         construction; requiring the department to adopt rules;
   75         requiring the department to contract for the
   76         development of model placement transition plans;
   77         providing requirements for such plans; requiring model
   78         placement transition plans to be provided to certain
   79         staff, and authorizing such plans to be provided to
   80         other persons; creating s. 39.4023, F.S.; providing
   81         legislative findings and intent; defining terms;
   82         providing for the creation of transition plans for
   83         specified changes in placement; providing conditions
   84         under which a child may be removed from a caregiver’s
   85         home; requiring community-based care lead agencies to
   86         provide services to prevent a change in placement;
   87         requiring the department and a community-based care
   88         lead agency to convene a multidisciplinary team
   89         staffing to develop a transition plan under certain
   90         circumstances; requiring the department or community
   91         based care lead agency to provide written notice of a
   92         planned placement change; providing requirements for
   93         the notice; providing applicability; requiring
   94         additional considerations for placement changes for
   95         infants and young children; providing findings;
   96         requiring the department or community-based care lead
   97         agency to create and implement individualized
   98         transition plans; requiring determinations of school
   99         changes to be made by certain individuals; authorizing
  100         a multidisciplinary team member to contact certain
  101         individuals for recommendations relating to school
  102         changes; authorizing certain individuals to attend
  103         multidisciplinary team staffings remotely; specifying
  104         factors that must be considered when determining
  105         whether a child should remain in a certain school;
  106         requiring children who enter out-of-home care or
  107         undergo changes in placement to remain with familiar
  108         child care providers or early education programs, if
  109         possible; providing requirements for transition plans
  110         for transitions between K-12 schools; requiring the
  111         department, in collaboration with the Quality
  112         Parenting Initiative, to develop a form for a
  113         specified purpose; specifying requirements for the
  114         form; requiring the department and community-based
  115         care lead agencies to document multidisciplinary team
  116         staffings and placement transition decisions in the
  117         Florida Safe Families Network and include such
  118         information in the social study report for judicial
  119         review; providing an exemption; requiring the
  120         department to adopt rules; creating s. 39.4024, F.S.;
  121         providing legislative findings; defining terms;
  122         requiring the department or lead agency to make
  123         reasonable efforts to place siblings in the same
  124         foster, kinship, adoptive, or guardianship home when
  125         certain conditions are met; requiring the department
  126         or lead agency and multidisciplinary team to take
  127         certain actions when siblings are not placed together;
  128         specifying that the department and court are not
  129         required to make a placement or change in placement to
  130         develop certain sibling relationships; requiring the
  131         department or the lead agency to convene a
  132         multidisciplinary team staffing to determine and
  133         assess sibling relationships when a child is removed
  134         from a home; providing for the placement of sibling
  135         groups in certain circumstances; specifying factors
  136         for the multidisciplinary team to consider when
  137         determining placement or change of placement for
  138         children in sibling groups who do not have an existing
  139         relationship with siblings; requiring that a child’s
  140         transition to a new home be carried out gradually when
  141         it is determined that the child would benefit from
  142         being placed with siblings; requiring the department,
  143         in collaboration with the Quality Parenting
  144         Initiative, to develop standard protocols for the
  145         department and lead agency for use in making specified
  146         decisions about child placement; providing
  147         considerations for maintaining contact between
  148         siblings when separated; providing duties for
  149         caregivers; prohibiting the court from limiting or
  150         restricting communication or visitation between
  151         siblings unless it finds that such communication or
  152         visitation is contrary to the safety or well-being of
  153         the child; requiring the department or community-based
  154         care lead agency to provide certain services if the
  155         court makes such a finding; requiring the department
  156         and community-based care lead agencies to periodically
  157         reassess certain sibling placements in certain
  158         instances; requiring the department to provide certain
  159         services to prevent disruption in a placement when a
  160         child does not adjust to such placement; requiring
  161         that a multidisciplinary team staffing is convened
  162         when one child does not adjust to placement as a
  163         sibling group under certain conditions; requiring the
  164         team to review such placement and choose a plan least
  165         detrimental to each child; requiring that a
  166         multidisciplinary team be convened in certain
  167         circumstances where the department or child
  168         subsequently identifies a sibling; requiring the
  169         department to provide children with specified
  170         information relating to their siblings; requiring the
  171         department to make reasonable efforts to ascertain
  172         such information if it is not known; providing that a
  173         child has a right to continued communication with a
  174         sibling under certain circumstances; requiring a court
  175         to consider certain recommendations when determining
  176         the appropriateness of continued communication;
  177         requiring the department and lead agencies to document
  178         in writing decisions to separate siblings in case
  179         files and the Florida Safe Families Network;
  180         specifying requirements for such documentation;
  181         providing an exemption; requiring the department to
  182         adopt rules; amending s. 39.522, F.S.; deleting and
  183         relocating criteria for the court to consider when
  184         determining whether a legal change of custody is in
  185         the best interest of the child; conforming a provision
  186         to changes made by the act; defining the term “change
  187         in physical custody”; providing a rebuttable
  188         presumption that the best interest of a child is to
  189         remain in a current placement; providing applicability
  190         for such presumption; establishing the manner in which
  191         to rebut the presumption; requiring the department or
  192         lead agency to notify certain caregivers within a
  193         specified timeframe of the intent to change the
  194         physical custody of a child; requiring that a
  195         multidisciplinary team staffing be held within a
  196         specified timeframe before the intended date for the
  197         child’s change in physical custody; requiring that the
  198         department’s official position be provided to the
  199         parties under certain circumstances; requiring the
  200         caregiver to provide written notice of objection to
  201         such change in physical custody within a specified
  202         timeframe; requiring the court to conduct an initial
  203         case status hearing within a specified timeframe upon
  204         receiving specified written notice from a caregiver;
  205         providing procedures for when a caregiver objects to
  206         the child’s change in physical custody; requiring the
  207         court to conduct an initial case status hearing;
  208         requiring the court to conduct an evidentiary hearing;
  209         requiring the department or lead agency to implement
  210         an appropriate transition plan if the court orders a
  211         change in physical custody of the child; amending s.
  212         39.523, F.S.; requiring the department or lead agency
  213         to coordinate a multidisciplinary team staffing for
  214         specified purposes; requiring, rather than
  215         authorizing, the department to create rules; amending
  216         s. 39.6035, F.S.; requiring a transition plan be
  217         developed during the year after a child turns 16 years
  218         of age and be updated as needed; amending s. 39.701,
  219         F.S.; requiring judicial review hearings within a
  220         specified time after a child’s specified birthday;
  221         providing the child and other relevant parties the
  222         opportunity to address the court at each review
  223         hearing; requiring the department to provide a report
  224         with certain information; authorizing the court to
  225         review the child’s status on a more frequent basis;
  226         amending s. 39.806, F.S.; conforming a cross
  227         reference; creating s. 39.8155, F.S.; providing that
  228         parental rights may be reinstated under certain
  229         conditions; requiring dismissal of the motion to
  230         reinstate parental rights if certain criteria are not
  231         met; providing evidence that may be considered when
  232         determining a motion to reinstate parental rights;
  233         requiring supervised visitation and trial home visits
  234         for a specified time after a completed home study;
  235         requiring the department to report to the court once a
  236         month; requiring visitation to cease under certain
  237         circumstances; requiring clear and convincing evidence
  238         that reinstatement of parental rights is in the
  239         child’s best interest; requiring an in-home safety
  240         plan if parental rights are reinstated; requiring the
  241         court to determine whether to retain jurisdiction
  242         after a specified time; reenacting and amending s.
  243         409.1451, F.S.; providing that aftercare services are
  244         available to certain young adults in emergency
  245         situations; revising the services that are included in
  246         aftercare services; providing responsibilities of the
  247         department for the Road-to-Independence Program;
  248         providing requirements for community-based care lead
  249         agencies; removing legislative determination relating
  250         to the Independent Living Services Advisory Council’s
  251         ability to provide valuable contributions to the
  252         department; requiring certain information be reported
  253         to the Governor and the Legislature; revising
  254         membership of the council; authorizing the council to
  255         consult with certain youth; creating s. 409.14515,
  256         F.S.; providing requirements for the department to
  257         help children achieve self-sufficiency; amending s.
  258         409.1454, F.S.; providing that children receiving
  259         certain services and support may be eligible to have
  260         certain fees paid for them; amending s. 409.988, F.S.;
  261         requiring a community-based care lead agency to serve
  262         certain children; creating s. 414.56, F.S.; creating
  263         the Office of Continuing Care; providing duties of the
  264         office; providing requirements for the Florida
  265         Institute for Child Welfare; providing evaluation and
  266         analysis requirements; requiring the evaluation and
  267         analysis report be submitted to the Governor and
  268         Legislature by specified dates; providing an effective
  269         date.
  270          
  271  Be It Enacted by the Legislature of the State of Florida:
  272  
  273         Section 1. Section 39.00146, Florida Statutes, is created
  274  to read:
  275         39.00146 Case record face sheet.—
  276         (1) As used in this section, the term:
  277         (a) “Multidisciplinary team” has the same meaning as
  278  provided in s. 39.4022(2).
  279         (b) “Placement change” has the same meaning as provided in
  280  s. 39.4023(2).
  281         (c) “School” has the same meaning as in s. 39.4023(2).
  282         (d) “Sibling” has the same meaning as in s. 39.4024(2).
  283         (2) The case record of every child under the supervision or
  284  in the custody of the department or the department’s authorized
  285  agents, including community-based care lead agencies and their
  286  subcontracted providers, must include a face sheet containing
  287  relevant information about the child and his or her case,
  288  including at least all of the following:
  289         (a) General case information, including, but not limited
  290  to:
  291         1. The child’s name and date of birth;
  292         2. The current county of residence and the county of
  293  residence at the time of the referral;
  294         3. The reason for the referral and any family safety
  295  concerns;
  296         4. The personal identifying information of the parents or
  297  legal custodians who had custody of the child at the time of the
  298  referral, including name, date of birth, and county of
  299  residence;
  300         5. The date of removal from the home; and
  301         6. The name and contact information of the attorney or
  302  attorneys assigned to the case in all capacities, including the
  303  attorney or attorneys that represent the department and the
  304  parents, and the guardian ad litem, if one has been appointed.
  305         (b) The name and contact information for any employees of
  306  the department, the department’s authorized agents, or providers
  307  contracting with the department, including community-based care
  308  lead agencies and their subcontracted service providers, who
  309  have worked with the child, including the child’s current and
  310  previous case managers, and the supervisor information for such
  311  employees.
  312         (c) The personal information of relevant family members and
  313  other fictive kin, including, but not limited to, the name and
  314  contact information of:
  315         1. The child’s parents;
  316         2. The child’s siblings, including the location of their
  317  current out-of-home placement, if applicable;
  318         3. The child’s current caregivers and any previous out-of
  319  home placements;
  320         4. Any other caretaking adults; and
  321         5. All children in the out-of-home placement, if
  322  applicable.
  323         (d) A description of any threats of danger placing the
  324  child at imminent risk of removal.
  325         (e) A description of individual parent or caregiver
  326  concerns for the child.
  327         (f) Any concerns that exist regarding the parent or the
  328  current caregiver’s ability to:
  329         1. Maintain a safe home;
  330         2. Engage or bond with the child if the child is an infant;
  331         3. Structure daily activities that stimulate the child;
  332         4. Manage the child’s behavior; or
  333         5. Make good health decisions for the child.
  334         (g) Any transitions in placement the child has experienced
  335  since the child’s initial placement and a description of how
  336  such transitions were accomplished in accordance with s.
  337  39.4023.
  338         (h) If the child has any siblings and they are not placed
  339  in the same out-of-home placement, the reasons the children are
  340  not in joint placement and the reasonable efforts that the
  341  department or appropriate lead agency will make to provide
  342  frequent visitation or other ongoing interaction between the
  343  siblings, unless the court determines that the interaction would
  344  be contrary to a sibling’s safety or well-being in accordance s.
  345  39.4024.
  346         (i) Information pertaining to recent and upcoming court
  347  hearings, including, but not limited to, the date, subject
  348  matter, and county of court jurisdiction of the most recent and
  349  next scheduled court hearing.
  350         (j) Any other information the department, the department’s
  351  authorized agents, or providers contracting with the department,
  352  including community-based care lead agencies deem relevant.
  353         (3) The department, the department’s authorized agents, or
  354  providers contracting with the department, including community
  355  based care lead agencies, must ensure that the face sheet for
  356  each case is updated at least once per month. This requirement
  357  includes ensuring that the department, its authorized agents, or
  358  providers contracting with the department gather any relevant
  359  information from any subcontracted providers who provide
  360  services for the case record information required to be included
  361  under this section.
  362         (4) The case record face sheet must be in a uniform and
  363  standardized format for use statewide and must be developed,
  364  either by the department or a third party, using real-time data
  365  from the state child welfare information system. The department
  366  may develop a specific case record face sheet or may contract
  367  with a third party to use existing software that, at a minimum,
  368  meets the requirements of subsection (2). The case record face
  369  sheet developed or contracted for use under this section must be
  370  electronic and have the capability to be printed. The community
  371  based care lead agencies shall use this uniform and standardized
  372  case record face sheet to comply with this section.
  373         (5) The department shall adopt rules to implement this
  374  section.
  375         Section 2. Section 39.01375, Florida Statutes, is created
  376  to read:
  377         39.01375 Best interest determination for placement.—The
  378  department, community-based care lead agency, or court shall
  379  consider all of the following factors when determining whether a
  380  proposed placement under this chapter is in the child’s best
  381  interest:
  382         (1) The child’s age.
  383         (2) The physical, mental, and emotional health benefits to
  384  the child by remaining in his or her current placement or moving
  385  to the proposed placement.
  386         (3) The stability and longevity of the child’s current
  387  placement.
  388         (4) The established bonded relationship between the child
  389  and the current or proposed caregiver.
  390         (5) The reasonable preference of the child, if the child is
  391  of a sufficient age and capacity to express a preference.
  392         (6) The recommendation of the child’s current caregiver, if
  393  applicable.
  394         (7) The recommendation of the child’s guardian ad litem, if
  395  one has been appointed.
  396         (8) The child’s previous and current relationship with a
  397  sibling and if the change of legal or physical custody or
  398  placement will separate or reunite siblings, evaluated in
  399  accordance with s. 39.4024.
  400         (9) The likelihood of the child attaining permanency in the
  401  current or proposed placement.
  402         (10) The likelihood the child will be required to change
  403  schools or child care placement, the impact of such change on
  404  the child, and the parties’ recommendations as to the timing of
  405  the change, including an education transition plan required
  406  under s. 39.4023.
  407         (11) The child’s receipt of medical, behavioral health,
  408  dental, or other treatment services in the current placement;
  409  the availability of such services and the degree to which they
  410  meet the child’s needs; and whether the child will be able to
  411  continue to receive services from the same providers and the
  412  relative importance of such continuity of care.
  413         (12) The allegations of any abuse, abandonment, or neglect,
  414  including sexual abuse and human trafficking history, which
  415  caused the child to be placed in out-of-home care and any
  416  history of additional allegations of abuse, abandonment, or
  417  neglect.
  418         (13) The likely impact on activities that are important to
  419  the child and the ability of the child to continue such
  420  activities in the proposed placement.
  421         (14) The likely impact on the child’s access to education,
  422  Medicaid, and independent living benefits if moved to the
  423  proposed placement.
  424         (15) Any other relevant factor.
  425         Section 3. Subsection (3) of section 39.401, Florida
  426  Statutes, is amended to read:
  427         39.401 Taking a child alleged to be dependent into custody;
  428  law enforcement officers and authorized agents of the
  429  department.—
  430         (3) If the child is taken into custody by, or is delivered
  431  to, an authorized agent of the department, the agent shall
  432  review the facts supporting the removal with an attorney
  433  representing the department. The purpose of the review is to
  434  determine whether there is probable cause for the filing of a
  435  shelter petition.
  436         (a) If the facts are not sufficient, the child shall
  437  immediately be returned to the custody of the parent or legal
  438  custodian.
  439         (b) If the facts are sufficient and the child has not been
  440  returned to the custody of the parent or legal custodian, the
  441  department shall file the petition and schedule a hearing, and
  442  the attorney representing the department shall request that a
  443  shelter hearing be held within 24 hours after the removal of the
  444  child.
  445         (c) While awaiting the shelter hearing, the authorized
  446  agent of the department may place the child in out-of-home care,
  447  and placement shall be determined based on priority of
  448  placements as provided in s. 39.4021 and what is in the child’s
  449  best interest based on the criteria and factors set out in s.
  450  39.01375 licensed shelter care or may release the child to a
  451  parent or legal custodian or responsible adult relative or the
  452  adoptive parent of the child’s sibling who shall be given
  453  priority consideration over a licensed placement, or a
  454  responsible adult approved by the department if this is in the
  455  best interests of the child.
  456         (d) Placement of a child which is not in a licensed shelter
  457  must be preceded by a criminal history records check as required
  458  under s. 39.0138.
  459         (e) In addition, the department may authorize placement of
  460  a housekeeper/homemaker in the home of a child alleged to be
  461  dependent until the parent or legal custodian assumes care of
  462  the child.
  463         Section 4. Paragraph (h) of subsection (8) of section
  464  39.402, Florida Statutes, is amended to read:
  465         39.402 Placement in a shelter.—
  466         (8)
  467         (h) The order for placement of a child in shelter care must
  468  identify the parties present at the hearing and must contain
  469  written findings:
  470         1. That placement in shelter care is necessary based on the
  471  criteria in subsections (1) and (2).
  472         2. That placement in shelter care is in the best interest
  473  of the child.
  474         3. That continuation of the child in the home is contrary
  475  to the welfare of the child because the home situation presents
  476  a substantial and immediate danger to the child’s physical,
  477  mental, or emotional health or safety which cannot be mitigated
  478  by the provision of preventive services.
  479         4. That based upon the allegations of the petition for
  480  placement in shelter care, there is probable cause to believe
  481  that the child is dependent or that the court needs additional
  482  time, which may not exceed 72 hours, in which to obtain and
  483  review documents pertaining to the family in order to
  484  appropriately determine the risk to the child.
  485         5. That the department has made reasonable efforts to
  486  prevent or eliminate the need for removal of the child from the
  487  home. A finding of reasonable effort by the department to
  488  prevent or eliminate the need for removal may be made and the
  489  department is deemed to have made reasonable efforts to prevent
  490  or eliminate the need for removal if:
  491         a. The first contact of the department with the family
  492  occurs during an emergency;
  493         b. The appraisal of the home situation by the department
  494  indicates that the home situation presents a substantial and
  495  immediate danger to the child’s physical, mental, or emotional
  496  health or safety which cannot be mitigated by the provision of
  497  preventive services;
  498         c. The child cannot safely remain at home, either because
  499  there are no preventive services that can ensure the health and
  500  safety of the child or because, even with appropriate and
  501  available services being provided, the health and safety of the
  502  child cannot be ensured; or
  503         d. The parent or legal custodian is alleged to have
  504  committed any of the acts listed as grounds for expedited
  505  termination of parental rights in s. 39.806(1)(f)-(i).
  506         6. That the department has made reasonable efforts to place
  507  the child in order of priority as provided in s. 39.4021 unless
  508  such priority placement is not a placement option or in the best
  509  interest of the child based on the criteria and factors set out
  510  in s. 39.01375.
  511         7. That the department has made reasonable efforts to keep
  512  siblings together if they are removed and placed in out-of-home
  513  care unless such placement is not in the best interest of each
  514  child. It is preferred that siblings be kept together in a
  515  foster home, if available. Other reasonable efforts shall
  516  include short-term placement in a group home with the ability to
  517  accommodate sibling groups if such a placement is available. The
  518  department shall report to the court its efforts to place
  519  siblings together unless the court finds that such placement is
  520  not in the best interest of a child or his or her sibling.
  521         8.7. That the court notified the parents, relatives that
  522  are providing out-of-home care for the child, or legal
  523  custodians of the time, date, and location of the next
  524  dependency hearing and of the importance of the active
  525  participation of the parents, relatives that are providing out
  526  of-home care for the child, or legal custodians in all
  527  proceedings and hearings.
  528         9.8. That the court notified the parents or legal
  529  custodians of their right to counsel to represent them at the
  530  shelter hearing and at each subsequent hearing or proceeding,
  531  and the right of the parents to appointed counsel, pursuant to
  532  the procedures set forth in s. 39.013.
  533         10.9. That the court notified relatives who are providing
  534  out-of-home care for a child as a result of the shelter petition
  535  being granted that they have the right to attend all subsequent
  536  hearings, to submit reports to the court, and to speak to the
  537  court regarding the child, if they so desire.
  538         11.10. That the department has placement and care
  539  responsibility for any child who is not placed in the care of a
  540  parent at the conclusion of the shelter hearing.
  541         Section 5. Section 39.4021, Florida Statutes, is created to
  542  read:
  543         39.4021 Priority placement for out-of-home placements.—
  544         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  545  that it is a basic tenet of child welfare practice and the law
  546  that a child be placed in the least restrictive, most family
  547  like setting available in close proximity to the home of his or
  548  her parents which meets the needs of the child, and that a child
  549  be placed in a permanent home in a timely manner.
  550         (2) PLACEMENT PRIORITY.—
  551         (a) When a child cannot safely remain at home with a
  552  parent, out-of-home placement options must be considered in the
  553  following order:
  554         1. Non-offending parent.
  555         2. Relative caregiver.
  556         3. Adoptive parent of the child’s sibling, when the
  557  department or community-based care lead agency is aware of such
  558  sibling.
  559         4. Fictive kin with a close existing relationship to the
  560  child.
  561         5. Nonrelative caregiver that does not have an existing
  562  relationship with the child.
  563         6. Licensed foster care.
  564         7. Group or congregate care.
  565         (b) Except as otherwise provided for in ss. 39.4022 and
  566  39.4024, sibling groups must be placed in the same placement
  567  whenever possible and if placement together is in the best
  568  interest of each child in the sibling group. Placement decisions
  569  for sibling groups must be made pursuant to ss. 39.4022 and
  570  39.4024.
  571         (c) Except as otherwise provided for in this chapter, a
  572  change to a child’s physical or legal placement after the child
  573  has been sheltered but before the child has achieved permanency
  574  must be made in compliance with this section. Placements made
  575  pursuant to s. 63.082(6) are exempt from this section.
  576         Section 6. Section 39.4022, Florida Statutes, is created to
  577  read:
  578         39.4022 Multidisciplinary teams; staffings; assessments;
  579  report.—
  580         (1) LEGISLATIVE INTENT.—
  581         (a) The Legislature finds that services for children and
  582  families are most effective when delivered in the context of a
  583  single integrated multidisciplinary team staffing that includes
  584  the child, his or her family, natural and community supports,
  585  and professionals who join together to empower, motivate, and
  586  strengthen a family and collaboratively develop a plan of care
  587  and protection to achieve child safety, child permanency, and
  588  child and family well-being.
  589         (b) The Legislature also finds that effective assessment
  590  through an integrated multidisciplinary team is particularly
  591  important for children who are vulnerable due to existing
  592  histories of trauma which led to the child’s entrance into the
  593  child welfare system. This assessment is especially important
  594  for young children who are 3 years of age or younger, as a
  595  result of the enhanced need for such children to have healthy
  596  and stable attachments to assist with necessary brain
  597  development. Stable and nurturing relationships in the first
  598  years of life, as well as the quality of such relationships, are
  599  integral to healthy brain development, providing a foundation
  600  for lifelong mental health and determining well-being as an
  601  adult.
  602         (2) DEFINITIONS.—For purposes of this section, the term:
  603         (a) “Change in physical custody” means a change by the
  604  department or the community-based care lead agency to the
  605  child’s physical residential address, regardless of whether such
  606  change requires a court order changing the legal custody of the
  607  child.
  608         (b) “Emergency situation” means that there is an imminent
  609  risk to the health or safety of the child, other children, or
  610  others in the home or facility if the child remains in the
  611  placement.
  612         (c) “Multidisciplinary team” means an integrated group of
  613  individuals which meets to collaboratively develop and attempt
  614  to reach a consensus decision on the most suitable out-of-home
  615  placement, educational placement, or other specified important
  616  life decision that is in the best interest of the child.
  617         (3) CREATION AND GOALS.—
  618         (a) Multidisciplinary teams must be established for the
  619  purpose of allowing better engagement with families and a shared
  620  commitment and accountability from the family and their circle
  621  of support.
  622         (b) The multidisciplinary teams must adhere to the
  623  following goals:
  624         1. Secure a child’s safety in the least restrictive and
  625  intrusive placement that can meet his or her needs;
  626         2. Minimize the trauma associated with separation from the
  627  child’s family and help the child to maintain meaningful
  628  connections with family members and others who are important to
  629  him or her;
  630         3. Provide input into the proposed placement decision made
  631  by the community-based care lead agency and the proposed
  632  services to be provided in order to support the child;
  633         4. Provide input into the decision to preserve or maintain
  634  the placement, including necessary placement preservation
  635  strategies;
  636         5. Contribute to an ongoing assessment of the child and the
  637  family’s strengths and needs;
  638         6. Ensure that plans are monitored for progress and that
  639  such plans are revised or updated as the child’s or family’s
  640  circumstances change; and
  641         7. Ensure that the child and family always remain the
  642  primary focus of each multidisciplinary team meeting.
  643         (4) PARTICIPANTS.—
  644         (a) Collaboration among diverse individuals who are part of
  645  the child’s network is necessary to make the most informed
  646  decisions possible for the child. A diverse team is preferable
  647  to ensure that the necessary combination of technical skills,
  648  cultural knowledge, community resources, and personal
  649  relationships is developed and maintained for the child and
  650  family. The participants necessary to achieve an appropriately
  651  diverse team for a child may vary by child and may include
  652  extended family, friends, neighbors, coaches, clergy, coworkers,
  653  or others the family identifies as potential sources of support.
  654         1. Each multidisciplinary team staffing must invite the
  655  following members:
  656         a. The child, unless he or she is not of an age or capacity
  657  to participate in the team;
  658         b. The child’s family members and other individuals
  659  identified by the family as being important to the child,
  660  provided that a parent who has a no contact order or injunction,
  661  is alleged to have sexually abused the child, or is subject to a
  662  termination of parental rights may not participate;
  663         c. The current caregiver, provided the caregiver is not a
  664  parent who meets the criteria of one of the exceptions under
  665  sub-subparagraph b.;
  666         d. A representative from the department other than the
  667  Children’s Legal Services attorney, when the department is
  668  directly involved in the goal identified by the staffing;
  669         e. A representative from the community-based care lead
  670  agency, when the lead agency is directly involved in the goal
  671  identified by the staffing; and
  672         f. The case manager for the child, or his or her case
  673  manager supervisor.
  674         2. The multidisciplinary team must make reasonable efforts
  675  to have all mandatory invitees attend. However, the
  676  multidisciplinary team staffing may not be delayed if the
  677  invitees in subparagraph 1. fail to attend after being provided
  678  reasonable opportunities.
  679         (b) Based on the particular goal the multidisciplinary team
  680  staffing identifies as the purpose of convening the staffing as
  681  provided under subsection (5), the department or lead agency may
  682  also invite to the meeting other professionals, including, but
  683  not limited to:
  684         1. A representative from Children’s Medical Services;
  685         2. A guardian ad litem, if one is appointed;
  686         3. A school personnel representative who has direct contact
  687  with the child;
  688         4. A therapist or other behavioral health professional, if
  689  applicable;
  690         5. A mental health professional with expertise in sibling
  691  bonding, if the department or lead agency deems such expert is
  692  necessary; or
  693         6. Other community providers of services to the child or
  694  stakeholders, when applicable.
  695         (c) Members of the multidisciplinary team who are required
  696  to attend under subparagraph (a)1. or who are invited to
  697  participate under paragraph (b) may attend the multidisciplinary
  698  team staffing in person or remotely.
  699         (d) Each multidisciplinary team staffing must be led by a
  700  person who serves as a facilitator and whose main responsibility
  701  is to help team participants use the strengths within the family
  702  to develop a safe plan for the child. The person serving as the
  703  facilitator must be a trained professional who is otherwise
  704  required to attend the multidisciplinary team staffing under
  705  this section in his or her official capacity. Further, the
  706  trained professional serving as the facilitator does not need to
  707  be the same person for each meeting convened in a child’s case
  708  under this section or in the service area of the designated lead
  709  agency handling a child’s case.
  710         (5) SCOPE OF MULTIDISCIPLINARY TEAM.—
  711         (a) A multidisciplinary team staffing must be held when an
  712  important decision is required to be made about a child’s life,
  713  including all of the following:
  714         1. Initial placement decisions for a child who is placed in
  715  out-of-home care. A multidisciplinary team staffing required
  716  under this subparagraph may occur before the initial placement
  717  or, if a staffing is not possible before the initial placement,
  718  must occur as soon as possible after initial removal and
  719  placement to evaluate the appropriateness of the initial
  720  placement and to ensure that any adjustments to the placement,
  721  if necessary, are promptly handled.
  722         2. Changes in physical custody after the child is placed in
  723  out-of-home care by a court and, if necessary, determination of
  724  an appropriate mandatory transition plan in accordance with s.
  725  39.4023.
  726         3. Changes in a child’s educational placement and, if
  727  necessary, determination of an appropriate mandatory transition
  728  plan in accordance with s. 39.4023.
  729         4. Placement decisions for a child as required by
  730  subparagraph 1., subparagraph 2., or subparagraph 3. which
  731  involve sibling groups that require placement in accordance with
  732  s. 39.4024.
  733         5. Any other important decisions in the child’s life which
  734  are so complex that the department or appropriate community
  735  based care lead agency determines convening a multidisciplinary
  736  team staffing is necessary to ensure the best interest of the
  737  child is maintained.
  738         (b) A multidisciplinary team convened under this section
  739  may address multiple needs and decisions under paragraph (a)
  740  regarding the child or sibling group for which the team is
  741  convened during the same staffing.
  742         (c) This section does not apply to multidisciplinary team
  743  staffings that occur for one of the decisions specified in
  744  paragraph (a) and that are facilitated by a children’s advocacy
  745  center in accordance with s. 39.3035. The children’s advocacy
  746  center that facilitates a staffing is encouraged to include
  747  family members or other persons important to the family in the
  748  staffing if the children’s advocacy center determines it is safe
  749  for the child to involve such persons.
  750         (d) This section does not apply to placements made pursuant
  751  to s. 63.082(6).
  752         (6) ASSESSMENTS.—
  753         (a)1. The multidisciplinary team staffing participants
  754  must, before formulating a decision under this section, gather
  755  and consider data and information on the child which is known at
  756  the time, including, but not limited to information allowing the
  757  team to address the best interest factors under s. 39.01375.
  758         2. Multidisciplinary team staffings may not be delayed to
  759  accommodate pending behavioral health screenings or assessments
  760  or pending referrals for services.
  761         (b) The assessment conducted by the multidisciplinary team
  762  may also use an evidence-based assessment instrument or tool
  763  that is best suited for determining the specific decision of the
  764  staffing and the needs of that individual child and family.
  765         (c) To adequately prepare for a multidisciplinary staffing
  766  team meeting to consider a decision related to a child 3 years
  767  of age or younger, all of the following information on the child
  768  which is known at the time must be gathered and considered by
  769  the team:
  770         1. Identified kin and relatives who express interest in
  771  caring for the child, including strategies to overcome potential
  772  delays in placing the child with such persons if they are
  773  suitable.
  774         2. The likelihood that the child can remain with the
  775  prospective caregiver past the point of initial removal and
  776  placement with, or subsequent transition to, the caregiver and
  777  the willingness of the caregiver to provide care for any
  778  duration deemed necessary if placement is made.
  779         3. The prospective caregiver’s ability and willingness to:
  780         a. Accept supports related to early childhood development
  781  and services addressing any possible developmental delays;
  782         b. Address the emotional needs of the child and accept
  783  infant mental health supports, if needed;
  784         c. Help nurture the child during the transition into out
  785  of-home care;
  786         d. Work with the parent to build or maintain the attachment
  787  relationship between parent and child;
  788         e. Effectively co-parent with the parent; and
  789         f. Ensure frequent family visits and sibling visits.
  790         4. Placement decisions for each child in out-of-home
  791  placement which are made under this paragraph must be reviewed
  792  as often as necessary to ensure permanency for that child and to
  793  address special issues that may arise which are unique to
  794  younger children.
  795         (d)1. If the participants of a multidisciplinary team
  796  staffing reach a unanimous consensus decision, it becomes the
  797  official position of the community-based care lead agency
  798  regarding the decision under subsection (5) for which the team
  799  convened. Such decision is binding upon all department and lead
  800  agency participants, who are obligated to support it.
  801         2. If the participants of a multidisciplinary team staffing
  802  cannot reach a unanimous consensus decision on a plan to address
  803  the identified goal, the trained professional acting as the
  804  facilitator shall notify the court and the department within 48
  805  hours after the conclusion of the staffing. The department shall
  806  then determine how to address the identified goal of the
  807  staffing by what is in the child’s best interest.
  808         (7) CONVENING A TEAM UPON REMOVAL.—The formation of a
  809  multidisciplinary team staffing must begin as soon as possible
  810  when a child is removed from a home. The multidisciplinary team
  811  must convene a staffing no later than 72 hours from the date of
  812  a subsequent removal in an emergency situation in accordance
  813  with s. 39.4023.
  814         (8) REPORT.—If a multidisciplinary team staffing fails to
  815  reach a unanimous consensus decision, the facilitator must
  816  prepare and submit a written report to the court within 5
  817  business days after the conclusion of the staffing which details
  818  the decision made at the conclusion of the multidisciplinary
  819  team staffing under subsection (6) and the positions of the
  820  staffing’s participants.
  821         (9) CONFIDENTIALITY.—Notwithstanding any other provision of
  822  law, participants representing the department and the community
  823  based care lead agency may discuss confidential information
  824  during a multidisciplinary team staffing in the presence of
  825  individuals who participate in the staffing. Information
  826  collected by any agency or entity that participates in the
  827  multidisciplinary team staffing which is confidential and exempt
  828  upon collection remains confidential and exempt when discussed
  829  in a staffing required under this section. All individuals who
  830  participate in the staffing shall maintain the confidentiality
  831  of any information shared during the staffing.
  832         (10) CONSTRUCTION.—This section may not be construed to
  833  mean that multidisciplinary team staffings coordinated by the
  834  department or the appropriate lead agency for purposes other
  835  than those provided for in subsection (5) before October 1,
  836  2021, are no longer required to be conducted or are required to
  837  be conducted in accordance with this section. Further, this
  838  section may not be construed to create a duty on the department
  839  or lead agency to attend multidisciplinary staffings that the
  840  department or lead agency does not attend for any purpose
  841  specified in subsection (5) for which the department or lead
  842  agency is not required to attend before October 1, 2021.
  843         (11) RULEMAKING.—The department shall adopt rules to
  844  implement this section.
  845         Section 7. The department shall contract for the
  846  development of model placement transition plans and related
  847  explanatory material that may be the basis for developing
  848  individualized transition plans for children in out-of-home care
  849  who are changing placements. Such plans must provide specific
  850  recommendations regarding transition plan elements that may
  851  include, but are not limited to, the length and pace of the
  852  transition and the sequence of steps needed to gradually
  853  introduce new caregivers and to build relationships and
  854  attachments. The model transition plans shall consider and vary
  855  in response to important factors affecting how a child’s
  856  placement transition should proceed to mitigate trauma and
  857  encourage the child’s healthy development and the stability of
  858  the placement, which may include, but is not limited to, the
  859  child’s age or developmental stage; the level and type of abuse,
  860  neglect, or trauma experienced by the child; attachment to or
  861  the length of time the child has spent with the current
  862  caregiver; and familiarity with, location of, and attachment to
  863  the proposed caregiver. The model transition plans and
  864  accompanying explanatory material must be provided to, at a
  865  minimum, all staff who develops transition plans for children in
  866  out-of-home care, whether such staff works for the department, a
  867  community-based care lead agency, or a subcontracted provider.
  868  The model transition plans and accompanying material may also be
  869  provided to caregivers and other child welfare professionals.
  870         Section 8. Section 39.4023, Florida Statutes, is created to
  871  read:
  872         39.4023 Placement and education transitions; transition
  873  plans.—
  874         (1) LEGISLATIVE FINDINGS AND INTENT.—
  875         (a) The Legislature finds that many children in out-of-home
  876  care experience multiple changes in placement, and those
  877  transitions often result in trauma not only for the child but
  878  also for caregivers, families, siblings, and all professionals
  879  involved.
  880         (b) The Legislature further finds that poorly planned and
  881  executed or improperly timed transitions may adversely impact a
  882  child’s healthy development as well as the child’s continuing
  883  capacity to trust, attach to others, and build relationships in
  884  the future.
  885         (c) The Legislature finds that the best child welfare
  886  practices recognize the need to prioritize the minimization of
  887  the number of placements for every child in out-of-home care.
  888  Further, the Legislature finds that efforts must be made to
  889  support caregivers in order to promote stability. When placement
  890  changes are necessary, they must be thoughtfully planned.
  891         (d) The Legislature finds that transition plans are
  892  critical when moving all children, including infants, toddlers,
  893  school-age children, adolescents, and young adults.
  894         (e) It is the intent of the Legislature that a placement
  895  change or an educational change for a child in out-of-home care
  896  be achieved ideally through a period of transition that is
  897  unique to each child, provides support for all individuals
  898  affected by the change, and has flexible planning to allow for
  899  changes necessary to meet the needs of the child.
  900         (2) DEFINITIONS.—As used in this section, the term:
  901         (a) “Educational change” means any time a child is moved
  902  between schools when such move is not the result of the natural
  903  transition from elementary school to middle school or middle
  904  school to high school. The term also includes changes in child
  905  care or early education programs for infants and toddlers.
  906         (b) “Emergency situation” means that there is an imminent
  907  risk to the health or safety of the child, other children, or
  908  others in the home or facility if the child remains in the
  909  placement.
  910         (c) “Placement change” means any time a child is moved from
  911  one caregiver to another, including moves to a foster home, a
  912  group home, relatives, prospective guardians, or prospective
  913  adoptive parents and removal from or reunification with parents
  914  or legal custodian. A child being moved temporarily to respite
  915  care for the purpose of providing the primary caregiver relief
  916  does not constitute a placement change.
  917         (d) “School” means any child care, early education,
  918  elementary, secondary, or postsecondary educational setting.
  919         (3) PLACEMENT TRANSITIONS.—
  920         (a) Mandatory transition plans.—Except as otherwise
  921  provided, the department or the community-based care lead agency
  922  shall create and implement an individualized transition plan
  923  before each placement change experienced by a child.
  924         (b) Minimizing placement transitions.—Once a caregiver
  925  accepts the responsibility of caring for a child, the child may
  926  be removed from the home of the caregiver only for the reasons
  927  specified in s. 409.1415(2)(b)7.
  928         (c) Services to prevent disruption.—The community-based
  929  care lead agency shall provide any supportive services deemed
  930  necessary to a caregiver and a child if the child’s current out
  931  of-home placement with the caregiver is in danger of needing
  932  modification. The supportive services must be offered in an
  933  effort to remedy the factors contributing to the placement being
  934  considered unsuitable and therefore contributing to the need for
  935  a change in placement.
  936         (d) Transition planning.—
  937         1. If the supportive services provided pursuant to
  938  paragraph (c) have not been successful to make the maintenance
  939  of the placement suitable or if there are other circumstances
  940  that require the child to be moved, the department or the
  941  community-based care lead agency must convene a
  942  multidisciplinary team staffing as required under s. 39.4022
  943  before the child’s placement is changed, or within 72 hours of
  944  moving the child in an emergency situation, for the purpose of
  945  developing an appropriate transition plan.
  946         2. A placement change may occur immediately in an emergency
  947  situation without convening a multidisciplinary team staffing.
  948  However, a multidisciplinary team staffing must be held within
  949  72 hours after the emergency situation arises.
  950         3. The department or the community-based care lead agency
  951  must provide written notice of the planned move at least 14 days
  952  before the move or within 72 hours after an emergency situation,
  953  to the greatest extent possible and consistent with the child’s
  954  needs and preferences. The notice must include the reason a
  955  placement change is necessary. A copy of the notice must be
  956  filed with the court and be provided to:
  957         a. The child, unless he or she, due to age or capacity, is
  958  unable to comprehend the written notice, which will necessitate
  959  the department or lead agency to provide notice in an age
  960  appropriate and capacity-appropriate alternative manner;
  961         b. The child’s parents, unless prohibited by court order;
  962         c. The child’s out-of-home caregiver;
  963         d. The guardian ad litem, if one is appointed;
  964         e. The attorney for the child, if one is appointed; and
  965         f. The attorney for the department.
  966         4.a. The transition plan must be developed through
  967  cooperation among the persons included in subparagraph 3., and
  968  such persons must share any relevant information necessary for
  969  its development. Subject to the child’s needs and preferences,
  970  the transition plan must meet the requirements of s.
  971  409.1415(2)(b)8. and exclude any placement changes that occur
  972  between 7 p.m. and 8 a.m.
  973         5. The department or the community-based care lead agency
  974  shall file the transition plan with the court within 48 hours
  975  after the creation of such plan and provide a copy of the plan
  976  to the persons included in subparagraph 3.
  977         (e) Additional considerations for transitions of infants
  978  and children under school age.—Relationship patterns over the
  979  first year of life are important predictors of future
  980  relationships. Research demonstrates that babies begin to form a
  981  strong attachment to a caregiver at approximately 7 months of
  982  age. From that period of time through age 2, moving a child from
  983  a caregiver who is the psychological parent is considerably more
  984  damaging. Placement decisions must focus on promoting security
  985  and continuity for infants and children under 5 years of age in
  986  out-of-home care. Transition plans for infants and young
  987  children must describe the facts that were considered when each
  988  of the following were discussed and must specify what decision
  989  was made as to how each of the following applies to the child:
  990         1. The age of the child and the child’s current ability to
  991  accomplish developmental tasks, with consideration made for
  992  whether the child is:
  993         a. Six months of age or younger, thereby indicating that it
  994  may be in the child’s best interest to move the child sooner
  995  rather than later; or
  996         b. Seven months of age or older, but younger than 3 years
  997  of age, thereby indicating it may not be a healthy time to move
  998  the child.
  999         2. The length of time the child has lived with the current
 1000  caregiver, the strength of attachment to the current caregiver,
 1001  and the harm of disrupting a healthy attachment compared to the
 1002  possible advantage of a change in placement.
 1003         3. The relationship, if any, the child has with the new
 1004  caregiver and whether a reciprocal agreement exists between the
 1005  current caregiver and the prospective caregiver to maintain the
 1006  child’s relationship with both caregivers.
 1007         4. The pace of the transition and whether flexibility
 1008  exists to accelerate or slow down the transition based on the
 1009  child’s needs and reactions.
 1010         (f) Preparation of prospective caregivers before
 1011  placement.—
 1012         1. Prospective caregivers must be fully informed of the
 1013  child’s needs and circumstances and be willing and able to
 1014  accept responsibility for providing high-quality care for such
 1015  needs and circumstances before placement.
 1016         2. The community-based care lead agency shall review with
 1017  the prospective caregiver the caregiver’s roles and
 1018  responsibilities according to the parenting partnerships plan
 1019  for children in out-of-home care pursuant to s. 409.1415. The
 1020  case manager shall sign a copy of the parenting partnerships
 1021  plan and obtain the signature of the prospective caregiver
 1022  acknowledging explanation of the requirements before placement.
 1023         (4) EDUCATION TRANSITIONS.—
 1024         (a) Findings.Children in out-of-home care frequently
 1025  change child care, early education programs, and schools. These
 1026  changes can occur when the child first enters out-of-home care,
 1027  when the child must move from one caregiver to another, or when
 1028  the child returns home upon reunification. Research shows that
 1029  children who change schools frequently make less academic
 1030  progress than their peers and fall further behind with each
 1031  school change. Additionally, educational instability at any
 1032  level makes it difficult for children to develop supportive
 1033  relationships with teachers or peers. State and federal law
 1034  contain requirements that must be adhered to in order to ensure
 1035  educational stability for a child in out-of-home care. A child’s
 1036  educational setting should only be changed when maintaining the
 1037  educational setting is not in the best interest of the child.
 1038         (b) Mandatory educational transition plans.—The department
 1039  or the community-based care lead agency shall create and
 1040  implement an individualized transition plan each time a child
 1041  experiences a school change.
 1042         (c) Minimizing school changes.—
 1043         1. Every effort must be made to keep a child in the school
 1044  of origin if it is in the child’s best interest. Any placement
 1045  decision must include thoughtful consideration of which school a
 1046  child will attend if a school change is necessary.
 1047         2. Members of a multidisciplinary team staffing convened
 1048  for a purpose other than a school change must determine the
 1049  child’s best interest regarding remaining in the school or
 1050  program of origin if the child’s educational options are
 1051  affected by any other decision being made by the
 1052  multidisciplinary team.
 1053         3. The determination of whether it is in the child’s best
 1054  interest to remain in the school of origin, and if not, of which
 1055  school the child will attend in the future, must be made in
 1056  consultation with the following individuals, including, but not
 1057  limited to, the child; the parents; the caregiver; the child
 1058  welfare professional; the guardian ad litem, if appointed; the
 1059  educational surrogate, if appointed; child care and educational
 1060  staff, including teachers and guidance counselors; and the
 1061  school district representative or foster care liaison. A
 1062  multidisciplinary team member may contact any of these
 1063  individuals in advance of a multidisciplinary team staffing to
 1064  obtain his or her recommendation. An individual may remotely
 1065  attend the multidisciplinary team staffing if one of the
 1066  identified goals is related to determining an educational
 1067  placement. The multidisciplinary team may rely on a report from
 1068  the child’s current school or program district and, if
 1069  applicable, any other school district being considered for the
 1070  educational placement if the required school personnel are not
 1071  available to attend the multidisciplinary team staffing in
 1072  person or remotely.
 1073         4. The multidisciplinary team and the individuals listed in
 1074  subparagraph 3. must consider, at a minimum, all of the
 1075  following factors when determining whether remaining in the
 1076  school or program of origin is in the child’s best interest or,
 1077  if not, when selecting a new school or program:
 1078         a. The child’s desire to remain in the school or program of
 1079  origin.
 1080         b. The preference of the child’s parents or legal
 1081  guardians.
 1082         c. Whether the child has siblings, close friends, or
 1083  mentors at the school or program of origin.
 1084         d. The child’s cultural and community connections in the
 1085  school or program of origin.
 1086         e. Whether the child is suspected of having a disability
 1087  under the Individuals with Disabilities Education Act (IDEA) or
 1088  s. 504 of the Rehabilitation Act of 1973, or has begun receiving
 1089  interventions under this state’s multitiered system of supports.
 1090         f. Whether the child has an evaluation pending for special
 1091  education and related services under IDEA or s. 504 of the
 1092  Rehabilitation Act of 1973.
 1093         g. Whether the child is a student with a disability under
 1094  IDEA who is receiving special education and related services or
 1095  a student with a disability under s. 504 of the Rehabilitation
 1096  Act of 1973 who is receiving accommodations and services and, if
 1097  so, whether those required services are available in a school or
 1098  program other than the school or program of origin.
 1099         h. Whether the child is an English Language Learner student
 1100  and is receiving language services, and if so, whether those
 1101  required services are available in a school or program other
 1102  than the school or program of origin.
 1103         i. The impact a change to the school or program of origin
 1104  would have on academic credits and progress toward promotion.
 1105         j. The availability of extracurricular activities important
 1106  to the child.
 1107         k. The child’s known individualized educational plan or
 1108  other medical and behavioral health needs and whether such plan
 1109  or needs are able to be met at a school or program other than
 1110  the school or program of origin.
 1111         l. The child’s permanency goal and timeframe for achieving
 1112  permanency.
 1113         m. The child’s history of school transfers and how such
 1114  transfers have impacted the child academically, emotionally, and
 1115  behaviorally.
 1116         n. The length of the commute to the school or program from
 1117  the child’s home or placement and how such commute would impact
 1118  the child.
 1119         o. The length of time the child has attended the school or
 1120  program of origin.
 1121         5. The cost of transportation cannot be a factor in making
 1122  a best interest determination.
 1123         (d) Transitions between child care and early education
 1124  programs.—When a child enters out-of-home care or undergoes a
 1125  placement change, the child shall, if possible, remain with a
 1126  familiar child care provider or early education program unless
 1127  there is an opportunity to transition to a higher quality
 1128  program. If it is not possible for the child to remain with the
 1129  familiar child care provider or early education program or
 1130  transition to a higher quality program, the child’s transition
 1131  plan must be made with the participation of the child’s current
 1132  and future school or program. The plan must give the child an
 1133  opportunity to say goodbye to important figures in the
 1134  educational environment.
 1135         (e) Transitions between K-12 schools.—The transition plan
 1136  for a transition between K-12 schools must include all of the
 1137  following:
 1138         1. Documentation that the department or community-based
 1139  care lead agency has made the decision to change the child’s
 1140  school in accordance with paragraph (c). The plan must include a
 1141  detailed discussion of all factors considered in reaching the
 1142  decision to change the child’s school.
 1143         2. Documentation that the department or community-based
 1144  care lead agency has coordinated, or will coordinate before the
 1145  school change, with local educational agencies to provide
 1146  immediate and appropriate enrollment in a new school, including
 1147  transfer of educational records, any record of a school-entry
 1148  health examination, and arrangements for transportation to the
 1149  new school.
 1150         3. Discussion of the timing of the proposed school change
 1151  which addresses the potential impact on the child’s education
 1152  and extracurricular activities. This section must include, at a
 1153  minimum, grading periods, exam schedules, credit acquisitions,
 1154  sports eligibility, and participation in extracurricular
 1155  activities.
 1156         4. Details concerning the transportation of the child to
 1157  school.
 1158         (5) TRANSITION PLAN AND DOCUMENTATION.—
 1159         (a) The department, in collaboration with the Quality
 1160  Parenting Initiative, shall develop a form to be completed and
 1161  updated each time a child in out-of-home care is moved from one
 1162  placement to another.
 1163         (b) A completed form must be attached to the case record
 1164  face sheet required to be included in the case file pursuant to
 1165  s. 39.00146. The form must be used statewide and, at a minimum,
 1166  must include all of the following information:
 1167         1. The membership of the multidisciplinary team staffing
 1168  convened under s. 39.4022 to develop a transition plan for the
 1169  change in placement and the dates on which the team met.
 1170         2. The name of the person who served as the facilitator in
 1171  that specific multidisciplinary team staffing.
 1172         3. The topics considered by the multidisciplinary team
 1173  staffing in order to ensure an appropriate transition.
 1174         4. The recommendations of the multidisciplinary team and
 1175  the name of each individual or entity responsible for carrying
 1176  out each recommendation.
 1177         (c) The department or the community-based care lead agency
 1178  shall document all multidisciplinary team staffings and
 1179  placement transition decisions in the Florida Safe Families
 1180  Network and must include the information in the social study
 1181  report for judicial review, as required under s. 39.701.
 1182         (6) EXEMPTION.—Placements made pursuant to s. 63.082(6) are
 1183  exempt from this section.
 1184         (7) RULEMAKING.—The department shall adopt rules to
 1185  implement this section.
 1186         Section 9. Section 39.4024, Florida Statutes, is created to
 1187  read:
 1188         39.4024 Placement of siblings; visitation; continuing
 1189  contact.—
 1190         (1) LEGISLATIVE FINDINGS.—
 1191         (a) The Legislature finds that sibling relationships can
 1192  provide a significant source of continuity throughout a child’s
 1193  life and are likely to be the longest relationships that most
 1194  individuals experience. Further, the placement of siblings
 1195  together can increase the likelihood of achieving permanency and
 1196  is associated with a significantly higher rate of family
 1197  reunification.
 1198         (b) The Legislature finds that it is beneficial for a child
 1199  who is placed in out-of-home care to be able to continue
 1200  existing relationships with his or her siblings, regardless of
 1201  age, so that they may share their strengths and association in
 1202  their everyday and often common experiences.
 1203         (c) The Legislature also finds that healthy connections
 1204  with siblings can serve as a protective factor for children who
 1205  have been placed in out-of-home care. The Legislature finds that
 1206  child protective investigators and caseworkers should be aware
 1207  of the variety of demographic and external situational factors
 1208  that may present challenges to placement in order to identify
 1209  such factors relevant to a particular group of siblings and
 1210  ensure that these factors are not the sole reasons that siblings
 1211  are not placed together.
 1212         (d) The Legislature also finds that it is the
 1213  responsibility of all entities and adults involved in a child’s
 1214  life, including, but not limited to, the department, community
 1215  based care lead agencies, parents, foster parents, guardians ad
 1216  litem, next of kin, and other persons important to the child to
 1217  seek opportunities to foster sibling relationships to promote
 1218  continuity and help sustain family connections.
 1219         (e) While there is a presumption in law and policy that it
 1220  is in the best interest of a child going into out-of-home care
 1221  to be placed with any siblings, the Legislature finds that
 1222  overall well-being of the child and family improves when the
 1223  person or team responsible for placement decisions evaluates the
 1224  child’s sibling and family bonds and prioritizes the bonds that
 1225  are unique drivers of the child’s ability to maintain and
 1226  develop healthy relationships. The person or team with an
 1227  understanding of the need to balance all attachment bonds of a
 1228  child and the potential need to prioritize existing and healthy
 1229  sibling relationships differently than a potential or unhealthy
 1230  sibling relationship over a healthy existing bond with a
 1231  caregiver will result in more stable and healthier placements
 1232  for all children in out-of-home care.
 1233         (2) DEFINITIONS.—As used in this section, the term:
 1234         (a) “Lead agency” means a community-based care lead agency
 1235  under contract with the department to provide care to children
 1236  in foster care under chapter 409.
 1237         (b) “Multidisciplinary team” has the same meaning as
 1238  provided in s. 39.4022.
 1239         (c) “Sibling” means:
 1240         1. A child who shares a birth parent or legal parent with
 1241  one or more other children; or
 1242         2. A child who has lived together in a family with one or
 1243  more other children whom he or she identifies as siblings.
 1244         (3) PLACEMENT OF SIBLINGS IN OUT-OF-HOME CARE.—
 1245         (a) General provisions.—
 1246         1. The department or lead agency shall make reasonable
 1247  efforts to place sibling groups that are removed from their home
 1248  in the same foster, kinship, adoptive, or guardianship home when
 1249  it is in the best interest of each sibling and when an
 1250  appropriate, capable, and willing joint placement for the
 1251  sibling group is available.
 1252         2. If a child enters out-of-home care after his or her
 1253  sibling, the department or lead agency and the multidisciplinary
 1254  team shall make reasonable efforts to initially place the child
 1255  who has entered out-of-home care with his or her siblings in the
 1256  sibling’s existing placement, provided it would not jeopardize
 1257  the stability of such placement and it is in the best interest
 1258  for each child.
 1259         3. When determining whether to move a child from a current
 1260  placement to a new placement when such change is initiated by a
 1261  sibling relationship, all relevant factors must be considered by
 1262  the multidisciplinary team to ensure that the child is best
 1263  served by the decision. A uniform policy that does not consider
 1264  and apply a balancing test to ensure all existing attachment
 1265  bonds for a child and his or her siblings are honored and
 1266  evaluated holistically may result in placement decisions or
 1267  changes of placement decisions that may result in additional
 1268  trauma.
 1269         4. The department and the court are not required to make a
 1270  change in placement, whether such change is to the physical
 1271  residential address of the child or the legal custody of the
 1272  child, to develop a relationship between siblings which did not
 1273  exist at the time a child is placed in out-of-home care and must
 1274  determine whether the change in placement is contrary to the
 1275  child’s safety and well-being by evaluating all of the factors
 1276  in this section and ss. 39.01375, 39.4022, and 39.4023.
 1277         (b) Factors to consider when placing sibling groups.—
 1278         1. At the time a child who is a part of a sibling group is
 1279  removed from the home, the department or lead agency shall
 1280  convene a multidisciplinary team staffing in accordance with s.
 1281  39.4022 to determine and assess the sibling relationships from
 1282  the perspective of each child to ensure the best placement of
 1283  each child in the sibling group. The multidisciplinary team
 1284  shall consider all relevant factors included in s. 39.01375 and
 1285  this section, including, but not limited to, the existing
 1286  emotional ties between and among the siblings, the degree of
 1287  harm each child is likely to experience as a result of
 1288  separation, and the standard protocols established by the
 1289  Quality Parenting Initiative under paragraph (d).
 1290         2.a. If the department or the appropriate lead agency is
 1291  able to locate a caregiver that will accept the sibling group
 1292  and the multidisciplinary team determines that the placement is
 1293  suitable for each child, the sibling group must be placed
 1294  together.
 1295         b. If the department or appropriate lead agency is not able
 1296  to locate a caregiver or placement option that allows the
 1297  sibling group to be placed together in an initial placement, the
 1298  department or lead agency must make all reasonable efforts to
 1299  ensure contact and visitation between siblings placed in
 1300  separate out-of-home care placements and provide reviews of the
 1301  placements in accordance with this section.
 1302         3. If all the siblings are unable to be placed in an
 1303  existing placement and the siblings do not have an existing
 1304  relationship, when determining whether to move any child who is
 1305  part of the sibling group from his or her current placement to a
 1306  new placement that will unite the sibling group, the department
 1307  or lead agency must consider all of the following additional
 1308  factors:
 1309         a. The presence and quality of current attachment
 1310  relationships, including:
 1311         (I) The quality and length of the attachment of the child
 1312  to both the current and prospective caregiver;
 1313         (II) The age of the child at placement with the current
 1314  caregiver and the child’s current age as well as the ages of any
 1315  siblings;
 1316         (III) The ease with which the child formed an attachment to
 1317  the current family;
 1318         (IV) Any indications of attachment difficulty in the
 1319  child’s history; and
 1320         (V) The number of moves and number of caregivers the child
 1321  has experienced.
 1322         b. The potential of the new caregiver to be a primary
 1323  attachment figure to the sibling group by ensuring care for each
 1324  child’s physical needs and the willingness and availability to
 1325  meet each child’s emotional needs.
 1326         c. The quality of existing sibling relationships and the
 1327  potential quality of sibling relationships that can be formed
 1328  between the children.
 1329         d. The consideration of any costs and benefits of
 1330  disrupting existing emotional attachments to a primary caregiver
 1331  to place children in a new placement with siblings, including:
 1332         (I) The length and quality of the established and current
 1333  primary attachment relationships between the siblings and
 1334  between the siblings and their current caregivers; and
 1335         (II) Relationships between any other siblings and whether
 1336  such relationships appear adequate and not stressful or harmful.
 1337         e. The ability to establish and maintain sibling visitation
 1338  and contact pursuant to this section in a manner and schedule
 1339  that makes sense for an infant or young child if it is
 1340  determined that the infant or young child is to remain with his
 1341  or her primary caregivers rather than be placed with his or her
 1342  siblings.
 1343         f. The ability to establish and maintain contact with the
 1344  sibling and new caregiver as part of a transition plan developed
 1345  in accordance with paragraph (c) and s. 39.4023 before changing
 1346  the child’s placement to allow the child, his or her siblings,
 1347  and new caregiver to adjust and form bonds.
 1348         (c) Transitioning a child after a determination.—If after
 1349  considering the provisions and factors described in paragraphs
 1350  (a) and (b) it is determined that the child would benefit from
 1351  being placed with his or her siblings, the transition of the
 1352  child to the new home must be carried out gradually in
 1353  accordance with s. 39.4023.
 1354         (d) Standards for evaluating sibling placements.—The
 1355  department, in collaboration with the Quality Parenting
 1356  Initiative, must develop standard protocols for the department
 1357  and lead agency which incorporate the provisions and factors
 1358  described in paragraphs (a), (b), and (c) and any other factors
 1359  deemed relevant for use in making decisions about when placing
 1360  siblings together would be contrary to a child’s well-being or
 1361  safety or decisions providing for frequent visitation and
 1362  contact under subsection (4).
 1363         (4) MAINTAINING CONTACT WHEN SIBLINGS ARE SEPARATED.—
 1364         (a) Regular contact among a sibling group that cannot be
 1365  placed together, especially among siblings with existing
 1366  attachments to each other, is critical for the siblings to
 1367  maintain their existing bonds and relationships or to develop
 1368  such bonds and attachments, if appropriate. The following
 1369  practices must be considered in helping to maintain or
 1370  strengthen the relationships of separated siblings:
 1371         1. Respect and support the child’s ties to his or her birth
 1372  or legal family, including parents, siblings, and extended
 1373  family members, must be provided by the caregiver, and he or she
 1374  must assist the child in maintaining allowable visitation and
 1375  other forms of communication. The department and lead agency
 1376  shall provide a caregiver with the information, guidance,
 1377  training, and support necessary for fulfilling this
 1378  responsibility.
 1379         2. Provide adequate support to address any caregiver
 1380  concerns and to enhance the caregiver’s ability to facilitate
 1381  contact between siblings who are not in the same out-of-home
 1382  placement and promote the benefits of sibling contact.
 1383         3. Prioritize placements with kinship caregivers who have
 1384  an established personal relationship with each child so that
 1385  even when siblings cannot be placed together in the same home,
 1386  kinship caregivers are more likely to facilitate contact.
 1387         4. Prioritize placement of siblings geographically near
 1388  each other, such as in the same neighborhood or school district,
 1389  to make it easier for the siblings to see each other regularly.
 1390         5. Encourage frequent and regular visitation, if the
 1391  siblings choose to do so, to allow the children to be actively
 1392  involved in each other’s lives and to participate in
 1393  celebrations, including, but not limited to, birthdays,
 1394  graduations, holidays, school and extracurricular activities,
 1395  cultural customs, and other milestones.
 1396         6. Provide other forms of contact when regular in-person
 1397  meetings are not possible or are not sufficient to meet the
 1398  needs or desires of the siblings, such as maintaining frequent
 1399  contact through letters, e-mail, social media, cards, or
 1400  telephone calls.
 1401         7. Coordinate, when possible, joint outings or summer or
 1402  weekend camp experiences to facilitate time together, including,
 1403  but not limited to, activities or camps specifically designed
 1404  for siblings in out-of-home care.
 1405         8. Encourage joint respite care to assist the caregivers
 1406  who are caring for separated siblings to have needed breaks
 1407  while also facilitating contact among the siblings, including,
 1408  but not limited to, providing babysitting or respite care for
 1409  each other. A child being moved temporarily as respite care for
 1410  the purpose of providing the primary caregiver relief and
 1411  encouraging and facilitating contact among the siblings does not
 1412  constitute a placement change or require the convening of a
 1413  multidisciplinary team.
 1414         9. Prohibit the withholding of communication or visitation
 1415  among the siblings as a form of punishment.
 1416         (b) The court may not limit or restrict communication or
 1417  visitation under this subsection unless there is a finding that
 1418  the communication or visitation between the child and his or her
 1419  siblings is contrary to the safety or well-being of the child.
 1420  If the court makes such a finding, and services are available
 1421  that would reasonably be expected to ameliorate the risk to the
 1422  child’s safety or well-being that are the basis of the court’s
 1423  finding and that may result in the communication and visitation
 1424  being restored, the court must direct the department or
 1425  community-based care lead agency to immediately provide such
 1426  services.
 1427         (5) SUBSEQUENT REVIEWS.—
 1428         (a) The department and the lead agency shall periodically,
 1429  but at least once every 6 months, reassess sibling placement,
 1430  visitation, and other sibling contact decisions in cases where
 1431  siblings are separated, not visiting, or not maintaining contact
 1432  to determine if a change in placement is warranted unless the
 1433  decision to not place a child with his or her sibling group was
 1434  made due to such placement being inappropriate, unhealthy, or
 1435  unsafe for the child.
 1436         (b) If a child in a sibling group who has been placed in an
 1437  out-of-home care placement with his or her siblings does not
 1438  adjust to the placement, the lead agency must provide services
 1439  to the caregiver and sibling group in accordance with s.
 1440  39.4023(3) to try to prevent the disruption of the placement. If
 1441  after reasonable efforts are made under s. 39.4023(3), the child
 1442  still has not adjusted to the out-of-home placement, a
 1443  multidisciplinary team staffing must be convened to determine
 1444  what is best for all of the children. The multidisciplinary team
 1445  shall review the current placement of the sibling group and
 1446  choose a plan that will be least detrimental to each child. If
 1447  the team determines that the best decision is to move the child
 1448  who has not adjusted to a new out-of-home placement, the team
 1449  must develop a transition plan in accordance with ss. 39.4022
 1450  and 39.4023 which ensures the opportunity for the siblings to
 1451  maintain contact in accordance with subsection (4) of this
 1452  section.
 1453         (c) If it becomes known that a child in out-of-home care
 1454  has a sibling of whom the child, department, or lead agency was
 1455  previously unaware, the department or lead agency must convene a
 1456  multidisciplinary team staffing within a reasonable amount of
 1457  time after the discovery of such sibling to decide if the
 1458  current placement or permanency plan requires modification.
 1459         (6) ADDITIONAL REQUIREMENTS AND CONSIDERATIONS.—
 1460         (a) The department shall promptly provide a child with the
 1461  location of and contact information for his or her siblings. If
 1462  the existence or location of or contact information for a
 1463  child’s siblings is not known, the department must make
 1464  reasonable efforts to ascertain such information.
 1465         (b)1. If a child’s sibling is also in out-of-home care and
 1466  such sibling leaves out-of-home care due to emancipation or
 1467  reunification with his or her parent or guardian, the child must
 1468  be allowed to communicate with that emancipated or reunified
 1469  sibling, if the emancipated sibling or the reunified sibling and
 1470  his or her parent consent.
 1471         2. If a child’s sibling is also in out-of-home care and
 1472  such sibling leaves out-of-home care for any reason, including,
 1473  but not limited to, the reasons in subparagraph 1. and
 1474  communication is not occurring, the child has a right to have
 1475  the court consider the appropriateness of continued
 1476  communication with his or her sibling. The court shall consider
 1477  the recommendation of the department or community-based care
 1478  lead agency and any other information deemed relevant by the
 1479  court.
 1480         3. If a child’s sibling leaves out-of-home care because he
 1481  or she is adopted, the child may be allowed to have continued
 1482  communication with the sibling either by consent of the adoptive
 1483  parent or by order of the court in accordance with s. 63.0427.
 1484         (c) The department or the lead agency must document in
 1485  writing any decision to separate siblings in the case file as
 1486  required in s. 39.00146 and document the decision in the Florida
 1487  Safe Families Network. The documentation must include any
 1488  efforts made to keep the siblings together, an assessment of the
 1489  short-term and long-term effects of separation on each child and
 1490  the sibling group as a whole, and a description of the plan for
 1491  communication or contact between the children if separation is
 1492  approved.
 1493         (7) EXEMPTION.—Placements made pursuant to s. 63.082(6) are
 1494  exempt from this section.
 1495         (8) RULEMAKING AUTHORITY.—The department shall adopt rules
 1496  to implement this section.
 1497         Section 10. Section 39.522, Florida Statutes, is amended to
 1498  read:
 1499         39.522 Postdisposition change of custody.—
 1500         (1) The court may change the temporary legal custody or the
 1501  conditions of protective supervision at a postdisposition
 1502  hearing, without the necessity of another adjudicatory hearing.
 1503         (2)(a)(1)(a) At any time before a child is residing in the
 1504  permanent placement approved at the permanency hearing, a child
 1505  who has been placed in the child’s own home under the protective
 1506  supervision of an authorized agent of the department, in the
 1507  home of a relative, in the home of a legal custodian, or in some
 1508  other place may be brought before the court by the department or
 1509  by any other interested person, upon the filing of a motion
 1510  alleging a need for a change in the conditions of protective
 1511  supervision or the placement. If any party or the current
 1512  caregiver denies the parents or other legal custodians deny the
 1513  need for a change, the court shall hear all parties in person or
 1514  by counsel, or both.
 1515         (b) Upon the admission of a need for a change or after such
 1516  hearing, the court shall enter an order changing the placement,
 1517  modifying the conditions of protective supervision, or
 1518  continuing the conditions of protective supervision as ordered.
 1519  The standard for changing custody of the child shall be the best
 1520  interests of the child. When determining whether a change of
 1521  legal custody or placement is in the best interests of the
 1522  child, the court shall consider the factors listed in s.
 1523  39.01375 and the report filed by the multidisciplinary team, if
 1524  applicable, unless the change of custody or placement is made
 1525  pursuant to s. 63.082(6). The court shall also consider the
 1526  priority of placements established under s. 39.4021 when making
 1527  a decision regarding the best interest of the child in out-of
 1528  home care:
 1529         1. The child’s age.
 1530         2. The physical, mental, and emotional health benefits to
 1531  the child by remaining in his or her current placement or moving
 1532  to the proposed placement.
 1533         3. The stability and longevity of the child’s current
 1534  placement.
 1535         4. The established bonded relationship between the child
 1536  and the current or proposed caregiver.
 1537         5. The reasonable preference of the child, if the court has
 1538  found that the child is of sufficient intelligence,
 1539  understanding, and experience to express a preference.
 1540         6. The recommendation of the child’s current caregiver.
 1541         7. The recommendation of the child’s guardian ad litem, if
 1542  one has been appointed.
 1543         8. The child’s previous and current relationship with a
 1544  sibling, if the change of legal custody or placement will
 1545  separate or reunite siblings.
 1546         9. The likelihood of the child attaining permanency in the
 1547  current or proposed placement.
 1548         10. Any other relevant factors.
 1549         (c)(b) If the child is not placed in foster care, the new
 1550  placement for the child must meet the home study criteria and
 1551  court approval under this chapter.
 1552         (3)(a) For purposes of this subsection, the term “change in
 1553  physical custody” means a change by the department or community
 1554  based care lead agency to the child’s physical residential
 1555  address, regardless of whether such change requires a court
 1556  order to change the legal custody of the child. However, this
 1557  term does not include a change in placement made pursuant to s.
 1558  63.082(6).
 1559         (b)1. In a hearing on the change of physical custody under
 1560  this section, there shall be a rebuttable presumption that it is
 1561  in the child’s best interest to remain permanently in his or her
 1562  current physical placement if:
 1563         a. The child has been in the same safe and stable placement
 1564  for 9 consecutive months or more;
 1565         b. Reunification is not a permanency option for the child;
 1566         c. The caregiver is able, willing, and eligible for
 1567  consideration as an adoptive parent or permanent custodian for
 1568  the child;
 1569         d. The caregiver is not requesting the change in physical
 1570  placement; and
 1571         e. The change in physical placement being sought is not to
 1572  reunify the child with his or her parent or sibling or
 1573  transition the child from a safe and stable nonrelative
 1574  caregiver to a safe and stable relative caregiver.
 1575         2. In order to rebut the presumption established in this
 1576  paragraph, the court shall hold an evidentiary hearing on the
 1577  change in physical custody to determine if the change in
 1578  placement is in the best interest of the child. As part of the
 1579  evidentiary hearing, the court must consider competent and
 1580  substantial evidence and testimony related to the factors
 1581  enumerated in s. 39.01375 and any other evidence deemed relevant
 1582  to a determination of placement, including evidence from a
 1583  court-selected neutral and independent licensed professional
 1584  with expertise in the science and research of child-parent
 1585  bonding.
 1586         3. This presumption may not be rebutted solely by the
 1587  expressed wishes of a biological parent, a biological relative,
 1588  or a caregiver of a sibling of the child.
 1589         (c)1. The department or community-based care lead agency
 1590  must notify a current caregiver who has been in the physical
 1591  custody placement for at least 9 consecutive months and who
 1592  meets all the established criteria in paragraph (b) of an intent
 1593  to change the physical custody of the child, and a
 1594  multidisciplinary team staffing must be held in accordance with
 1595  ss. 39.4022 and 39.4023 at least 21 days before the intended
 1596  date for the child’s change in physical custody, unless there is
 1597  an emergency situation as defined in s. 39.4022(2)(b). If there
 1598  is not a unanimous consensus decision reached by the
 1599  multidisciplinary team, the department’s official position must
 1600  be provided to the parties within the designated time period as
 1601  provided for in s. 39.4022.
 1602         2. A caregiver who objects to the department’s official
 1603  position on the change in physical custody must notify the court
 1604  and the department or community-based care lead agency of his or
 1605  her objection and the intent to request an evidentiary hearing
 1606  in writing in accordance with this section within 5 days after
 1607  receiving notice of the department’s official position provided
 1608  under subparagraph 1. The transition of the child to the new
 1609  caregiver may not begin before the expiration of the 5-day
 1610  period within which the current caregiver may object.
 1611         3. Upon the department or community-based care lead agency
 1612  receiving written notice of the caregiver’s objection, the
 1613  change to the child’s physical custody must be placed in
 1614  abeyance and the child may not be transitioned to a new physical
 1615  placement without a court order, unless there is an emergency
 1616  situation as defined in s. 39.4022(2)(b).
 1617         4. Within 7 days after receiving written notice from the
 1618  caregiver, the court must conduct an initial case status
 1619  hearing, at which time the court must:
 1620         a. Grant party status to the current caregiver who is
 1621  seeking permanent custody and has maintained physical custody of
 1622  that child for at least 9 continuous months for the limited
 1623  purpose of filing a motion for a hearing on the objection and
 1624  presenting evidence pursuant to this subsection;
 1625         b. Appoint an attorney for the child who is the subject of
 1626  the permanent custody proceeding, in addition to the guardian ad
 1627  litem, if one is appointed;
 1628         c. Advise the caregiver of his or her right to retain
 1629  counsel for purposes of the evidentiary hearing; and
 1630         d. Appoint a court-selected neutral and independent
 1631  licensed professional with expertise in the science and research
 1632  of child-parent bonding.
 1633         (d) The court must conduct the evidentiary hearing and
 1634  provide a written order of its findings regarding the placement
 1635  that is in the best interest of the child no later than 90 days
 1636  after the date the caregiver provided written notice to the
 1637  court under this subsection. The court must provide its written
 1638  order to the department or community-based care lead agency, the
 1639  caregiver, and the prospective caregiver. The party status
 1640  granted to the current caregiver under sub-subparagraph (c)4.a.
 1641  terminates upon the written order by the court, or upon the 90
 1642  day time limit established in this paragraph, whichever occurs
 1643  first.
 1644         (e) If the court orders that the physical custody of the
 1645  child change from the current caregiver after the evidentiary
 1646  hearing, the department or community-based care lead agency must
 1647  implement the appropriate transition plan developed in
 1648  accordance with ss. 39.4022 and 39.4023 or as ordered by the
 1649  court.
 1650         (4)(2) In cases where the issue before the court is whether
 1651  a child should be reunited with a parent, the court shall review
 1652  the conditions for return and determine whether the
 1653  circumstances that caused the out-of-home placement and issues
 1654  subsequently identified have been remedied to the extent that
 1655  the return of the child to the home with an in-home safety plan
 1656  prepared or approved by the department will not be detrimental
 1657  to the child’s safety, well-being, and physical, mental, and
 1658  emotional health.
 1659         (5)(3) In cases where the issue before the court is whether
 1660  a child who is placed in the custody of a parent should be
 1661  reunited with the other parent upon a finding that the
 1662  circumstances that caused the out-of-home placement and issues
 1663  subsequently identified have been remedied to the extent that
 1664  the return of the child to the home of the other parent with an
 1665  in-home safety plan prepared or approved by the department will
 1666  not be detrimental to the child, the standard shall be that the
 1667  safety, well-being, and physical, mental, and emotional health
 1668  of the child would not be endangered by reunification and that
 1669  reunification would be in the best interest of the child.
 1670         (6)(4) In cases in which the issue before the court is
 1671  whether to place a child in out-of-home care after the child was
 1672  placed in the child’s own home with an in-home safety plan or
 1673  the child was reunified with a parent or caregiver with an in
 1674  home safety plan, the court must consider, at a minimum, the
 1675  following factors in making its determination whether to place
 1676  the child in out-of-home care:
 1677         (a) The circumstances that caused the child’s dependency
 1678  and other subsequently identified issues.
 1679         (b) The length of time the child has been placed in the
 1680  home with an in-home safety plan.
 1681         (c) The parent’s or caregiver’s current level of protective
 1682  capacities.
 1683         (d) The level of increase, if any, in the parent’s or
 1684  caregiver’s protective capacities since the child’s placement in
 1685  the home based on the length of time the child has been placed
 1686  in the home.
 1687  
 1688  The court shall additionally evaluate the child’s permanency
 1689  goal and change the permanency goal as needed if doing so would
 1690  be in the best interests of the child. If the court changes the
 1691  permanency goal, the case plan must be amended pursuant to s.
 1692  39.6013(5).
 1693         Section 11. Subsections (2) and (5) of section 39.523,
 1694  Florida Statutes, are amended to read:
 1695         39.523 Placement in out-of-home care.—
 1696         (2) ASSESSMENT AND PLACEMENT.—When any child is removed
 1697  from a home and placed in into out-of-home care, a comprehensive
 1698  placement assessment process shall be completed in accordance
 1699  with s. 39.4022 to determine the level of care needed by the
 1700  child and match the child with the most appropriate placement.
 1701         (a) The community-based care lead agency or subcontracted
 1702  agency with the responsibility for assessment and placement must
 1703  coordinate a multidisciplinary team staffing as established in
 1704  s. 39.4022 with the necessary participants for the stated
 1705  purpose of the staffing with any available individual currently
 1706  involved with the child including, but not limited to, a
 1707  representative from the department and the case manager for the
 1708  child; a therapist, attorney ad litem, guardian ad litem,
 1709  teachers, coaches, Children’s Medical Services; and other
 1710  community providers of services to the child or stakeholders as
 1711  applicable. The team may also include clergy, relatives, and
 1712  fictive kin if appropriate. Team participants must gather data
 1713  and information on the child which is known at the time
 1714  including, but not limited to:
 1715         1. Mental, medical, behavioral health, and medication
 1716  history;
 1717         2. Community ties and school placement;
 1718         3. Current placement decisions relating to any siblings;
 1719         4. Alleged type of abuse or neglect including sexual abuse
 1720  and trafficking history; and
 1721         5. The child’s age, maturity, strengths, hobbies or
 1722  activities, and the child’s preference for placement.
 1723         (b) The comprehensive placement assessment process may also
 1724  include the use of an assessment instrument or tool that is best
 1725  suited for the individual child.
 1726         (c) The most appropriate available out-of-home placement
 1727  shall be chosen after consideration by all members of the
 1728  multidisciplinary team of all of the information and data
 1729  gathered, including the results and recommendations of any
 1730  evaluations conducted.
 1731         (d) Placement decisions for each child in out-of-home
 1732  placement shall be reviewed as often as necessary to ensure
 1733  permanency for that child and address special issues related to
 1734  this population of children.
 1735         (e) The department, a sheriff’s office acting under s.
 1736  39.3065, a community-based care lead agency, or a case
 1737  management organization must document all placement assessments
 1738  and placement decisions in the Florida Safe Families Network.
 1739         (f) If it is determined during the comprehensive placement
 1740  assessment process that residential treatment as defined in s.
 1741  39.407 would be suitable for the child, the procedures in that
 1742  section must be followed.
 1743         (5) RULEMAKING.—The department shall may adopt rules to
 1744  implement this section.
 1745         Section 12. Subsection (1) of section 39.6035, Florida
 1746  Statutes, is amended to read:
 1747         39.6035 Transition plan.—
 1748         (1) During the year 180-day period after a child reaches 16
 1749  17 years of age, the department and the community-based care
 1750  provider, in collaboration with the caregiver and any other
 1751  individual whom the child would like to include, shall assist
 1752  the child in developing a transition plan. The required
 1753  transition plan is in addition to standard case management
 1754  requirements. The transition plan must address specific options
 1755  for the child to use in obtaining services, including housing,
 1756  health insurance, education, financial literacy, a driver
 1757  license, and workforce support and employment services. The plan
 1758  must also include tasks to establish and maintain consider
 1759  establishing and maintaining naturally occurring mentoring
 1760  relationships and other personal support services. The
 1761  transition plan may be as detailed as the child chooses. This
 1762  plan shall be updated as needed before the child reaches 18
 1763  years of age. In developing and updating the transition plan,
 1764  the department and the community-based care lead agency provider
 1765  shall:
 1766         (a) Provide the child with the documentation required under
 1767  pursuant to s. 39.701(3).;
 1768         (b) Coordinate the transition plan with the independent
 1769  living provisions in the case plan and, for a child with
 1770  disabilities, the Individuals with Disabilities Education Act
 1771  transition plan.; and
 1772         (c) Provide information for the financial literacy
 1773  curriculum for youth offered by the Department of Financial
 1774  Services.
 1775         Section 13. Subsection (3) of section 39.701, Florida
 1776  Statutes, is amended to read:
 1777         39.701 Judicial review.—
 1778         (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—At
 1779  each review hearing held under this subsection, the court shall
 1780  give the child the opportunity to address the court and provide
 1781  any information relevant to the child’s best interest,
 1782  particularly in relation to independent living transition
 1783  services. The foster parent, legal custodian, or guardian ad
 1784  litem may also provide any information relevant to the child’s
 1785  best interest to the court.
 1786         (a) In addition to the review and report required under
 1787  paragraphs (1)(a) and (2)(a), respectively, the court shall:
 1788         (a) Inquire about the life skills the child has acquired
 1789  and whether those services are age appropriate, at the first
 1790  judicial review hearing held subsequent to the child’s 16th
 1791  birthday. At the Hold a judicial review hearing, the department
 1792  shall provide the court with a report that includes specific
 1793  information related to the life skills that the child has
 1794  acquired since the child’s 13th birthday, or since the date the
 1795  child came into foster care, whichever came later within 90 days
 1796  after a child’s 17th birthday. For any child who may meet the
 1797  requirements for appointment of a guardian advocate under s.
 1798  393.12, or a guardian under chapter 744, the updated case plan
 1799  must be developed in a face-to-face conference with the child,
 1800  if appropriate; the child’s attorney; any court-appointed
 1801  guardian ad litem; the temporary custodian of the child; and the
 1802  parent of the child, if the parent’s rights have not been
 1803  terminated. The court shall also issue an order, separate from
 1804  the order on judicial review, that the disability of nonage of
 1805  the child has been removed pursuant to ss. 743.044, 743.045,
 1806  743.046, and 743.047, and for any of these disabilities that the
 1807  court finds is in the child’s best interest to remove. The court
 1808  shall continue to hold timely judicial review hearings. If
 1809  necessary, the court may review the status of the child more
 1810  frequently during the year before the child’s 18th birthday. At
 1811  each review hearing held under this subsection, in addition to
 1812  any information or report provided to the court by the foster
 1813  parent, legal custodian, or guardian ad litem, the child shall
 1814  be given the opportunity to address the court with any
 1815  information relevant to the child’s best interest, particularly
 1816  in relation to independent living transition services.
 1817         (b) The court shall hold a judicial review hearing within
 1818  90 days after a child’s 17th birthday. The court shall issue an
 1819  order, separate from the order on judicial review, that the
 1820  disability of nonage of the child has been removed under ss.
 1821  743.044, 743.045, 743.046, and 743.047, for any disability that
 1822  the court finds is in the child’s best interest to remove. The
 1823  department shall include in the social study report for the
 1824  first judicial review that occurs after the child’s 17th
 1825  birthday written verification that the child has:
 1826         1. A current Medicaid card and all necessary information
 1827  concerning the Medicaid program sufficient to prepare the child
 1828  to apply for coverage upon reaching the age of 18, if such
 1829  application is appropriate.
 1830         2. A certified copy of the child’s birth certificate and,
 1831  if the child does not have a valid driver license, a Florida
 1832  identification card issued under s. 322.051.
 1833         3. A social security card and information relating to
 1834  social security insurance benefits if the child is eligible for
 1835  those benefits. If the child has received such benefits and they
 1836  are being held in trust for the child, a full accounting of
 1837  these funds must be provided and the child must be informed as
 1838  to how to access those funds.
 1839         4. All relevant information related to the Road-to
 1840  Independence Program under s. 409.1451, including, but not
 1841  limited to, eligibility requirements, information on
 1842  participation, and assistance in gaining admission to the
 1843  program. If the child is eligible for the Road-to-Independence
 1844  Program, he or she must be advised that he or she may continue
 1845  to reside with the licensed family home or group care provider
 1846  with whom the child was residing at the time the child attained
 1847  his or her 18th birthday, in another licensed family home, or
 1848  with a group care provider arranged by the department.
 1849         5. An open bank account or the identification necessary to
 1850  open a bank account and to acquire essential banking and
 1851  budgeting skills.
 1852         6. Information on public assistance and how to apply for
 1853  public assistance.
 1854         7. A clear understanding of where he or she will be living
 1855  on his or her 18th birthday, how living expenses will be paid,
 1856  and the educational program or school in which he or she will be
 1857  enrolled.
 1858         8. Information related to the ability of the child to
 1859  remain in care until he or she reaches 21 years of age under s.
 1860  39.013.
 1861         9. A letter providing the dates that the child is under the
 1862  jurisdiction of the court.
 1863         10. A letter stating that the child is in compliance with
 1864  financial aid documentation requirements.
 1865         11. The child’s educational records.
 1866         12. The child’s entire health and mental health records.
 1867         13. The process for accessing the child’s his or her case
 1868  file.
 1869         14. A statement encouraging the child to attend all
 1870  judicial review hearings occurring after the child’s 17th
 1871  birthday.
 1872         15. Information on how to obtain a driver license or
 1873  learner’s driver license.
 1874         (c)(b) At the first judicial review hearing held subsequent
 1875  to the child’s 17th birthday, the department shall provide the
 1876  court with an updated case plan that includes specific
 1877  information related to the independent living skills that the
 1878  child has acquired since the child’s 13th birthday, or since the
 1879  date the child came into foster care, whichever came later.
 1880         1. For any child who may meet the requirements for
 1881  appointment of a guardian pursuant to chapter 744, or a guardian
 1882  advocate pursuant to s. 393.12, the updated case plan must be
 1883  developed in a face-to-face conference with the child, if
 1884  appropriate; the child’s attorney; any court-appointed guardian
 1885  ad litem; the temporary custodian of the child; and the parent,
 1886  if the parent’s rights have not been terminated.
 1887         2. At the judicial review hearing, if the court determines
 1888  pursuant to chapter 744 that there is a good faith basis to
 1889  believe that the child qualifies for appointment of a guardian
 1890  advocate, limited guardian, or plenary guardian for the child
 1891  and that no less restrictive decisionmaking assistance will meet
 1892  the child’s needs:
 1893         1.a. The department shall complete a multidisciplinary
 1894  report which must include, but is not limited to, a psychosocial
 1895  evaluation and educational report if such a report has not been
 1896  completed within the previous 2 years.
 1897         2.b. The department shall identify one or more individuals
 1898  who are willing to serve as the guardian advocate under pursuant
 1899  to s. 393.12 or as the plenary or limited guardian under
 1900  pursuant to chapter 744. Any other interested parties or
 1901  participants may make efforts to identify such a guardian
 1902  advocate, limited guardian, or plenary guardian. The child’s
 1903  biological or adoptive family members, including the child’s
 1904  parents if the parents’ rights have not been terminated, may not
 1905  be considered for service as the plenary or limited guardian
 1906  unless the court enters a written order finding that such an
 1907  appointment is in the child’s best interests.
 1908         3.c. Proceedings may be initiated within 180 days after the
 1909  child’s 17th birthday for the appointment of a guardian
 1910  advocate, plenary guardian, or limited guardian for the child in
 1911  a separate proceeding in the court division with jurisdiction
 1912  over guardianship matters and pursuant to chapter 744. The
 1913  Legislature encourages the use of pro bono representation to
 1914  initiate proceedings under this section.
 1915         4.3. In the event another interested party or participant
 1916  initiates proceedings for the appointment of a guardian
 1917  advocate, plenary guardian, or limited guardian for the child,
 1918  the department shall provide all necessary documentation and
 1919  information to the petitioner to complete a petition under s.
 1920  393.12 or chapter 744 within 45 days after the first judicial
 1921  review hearing after the child’s 17th birthday.
 1922         5.4. Any proceedings seeking appointment of a guardian
 1923  advocate or a determination of incapacity and the appointment of
 1924  a guardian must be conducted in a separate proceeding in the
 1925  court division with jurisdiction over guardianship matters and
 1926  pursuant to chapter 744.
 1927         (d)(c) If the court finds at the judicial review hearing
 1928  after the child’s 17th birthday that the department has not met
 1929  its obligations to the child as stated in this part, in the
 1930  written case plan, or in the provision of independent living
 1931  services, the court may issue an order directing the department
 1932  to show cause as to why it has not done so. If the department
 1933  cannot justify its noncompliance, the court may give the
 1934  department 30 days within which to comply. If the department
 1935  fails to comply within 30 days, the court may hold the
 1936  department in contempt.
 1937         (e)(d)If necessary, the court may review the status of the
 1938  child more frequently during the year before the child’s 18th
 1939  birthday. At the last review hearing before the child reaches 18
 1940  years of age, and in addition to the requirements of subsection
 1941  (2), the court shall:
 1942         1. Address whether the child plans to remain in foster
 1943  care, and, if so, ensure that the child’s transition plan
 1944  includes a plan for meeting one or more of the criteria
 1945  specified in s. 39.6251.
 1946         2. Ensure that the transition plan includes a supervised
 1947  living arrangement under s. 39.6251.
 1948         3. Ensure the child has been informed of:
 1949         a. The right to continued support and services from the
 1950  department and the community-based care lead agency.
 1951         b. The right to request termination of dependency
 1952  jurisdiction and be discharged from foster care.
 1953         c. The opportunity to reenter foster care under pursuant to
 1954  s. 39.6251.
 1955         4. Ensure that the child young adult, if he or she requests
 1956  termination of dependency jurisdiction and discharge from foster
 1957  care, has been informed of:
 1958         a. Services or benefits for which the child young adult may
 1959  be eligible based on his or her former placement in foster care,
 1960  including, but not limited to, the assistance of the Office of
 1961  Continuing Care under s. 414.56.;
 1962         b. Services or benefits that may be lost through
 1963  termination of dependency jurisdiction.; and
 1964         c. Other federal, state, local, or community-based services
 1965  or supports available to him or her.
 1966         Section 14. Paragraph (e) of subsection (1) of section
 1967  39.806, Florida Statutes, is amended to read:
 1968         39.806 Grounds for termination of parental rights.—
 1969         (1) Grounds for the termination of parental rights may be
 1970  established under any of the following circumstances:
 1971         (e) When a child has been adjudicated dependent, a case
 1972  plan has been filed with the court, and:
 1973         1. The child continues to be abused, neglected, or
 1974  abandoned by the parent or parents. The failure of the parent or
 1975  parents to substantially comply with the case plan for a period
 1976  of 12 months after an adjudication of the child as a dependent
 1977  child or the child’s placement into shelter care, whichever
 1978  occurs first, constitutes evidence of continuing abuse, neglect,
 1979  or abandonment unless the failure to substantially comply with
 1980  the case plan was due to the parent’s lack of financial
 1981  resources or to the failure of the department to make reasonable
 1982  efforts to reunify the parent and child. The 12-month period
 1983  begins to run only after the child’s placement into shelter care
 1984  or the entry of a disposition order placing the custody of the
 1985  child with the department or a person other than the parent and
 1986  the court’s approval of a case plan having the goal of
 1987  reunification with the parent, whichever occurs first; or
 1988         2. The parent or parents have materially breached the case
 1989  plan by their action or inaction. Time is of the essence for
 1990  permanency of children in the dependency system. In order to
 1991  prove the parent or parents have materially breached the case
 1992  plan, the court must find by clear and convincing evidence that
 1993  the parent or parents are unlikely or unable to substantially
 1994  comply with the case plan before time to comply with the case
 1995  plan expires.
 1996         3. The child has been in care for any 12 of the last 22
 1997  months and the parents have not substantially complied with the
 1998  case plan so as to permit reunification under s. 39.522(4) s.
 1999  39.522(2) unless the failure to substantially comply with the
 2000  case plan was due to the parent’s lack of financial resources or
 2001  to the failure of the department to make reasonable efforts to
 2002  reunify the parent and child.
 2003         Section 15. Section 39.8155, Florida Statutes, is created
 2004  to read:
 2005         39.8155 Reinstatement of parental rights.—
 2006         (1) After parental rights have been terminated in
 2007  accordance with this part, the department, the parent whose
 2008  rights were terminated, or the child may file a motion to
 2009  reinstate the parent’s parental rights. The court may consider a
 2010  motion to reinstate parental rights if:
 2011         (a) The grounds for termination of parental rights were
 2012  based on s. 39.806(1)(a) or (e)1.-3.
 2013         (b) The parent is not the verified perpetrator of sexual or
 2014  physical abuse of the child.
 2015         (c) The parent has not been a perpetrator involved in any
 2016  verified reports of abuse, neglect, or abandonment since his or
 2017  her parental rights for the child were terminated.
 2018         (d) The parent has not had his or her parental rights
 2019  terminated for any other child, under any grounds, in this state
 2020  or any other jurisdiction, since his or her parental rights for
 2021  the child were terminated.
 2022         (e) The child is at least 13 years of age.
 2023         (f) The child has not achieved permanency and is not in a
 2024  preadoptive placement, and at least 36 months have passed since
 2025  the termination of parental rights.
 2026         (2) The court shall dismiss a motion to reinstate parental
 2027  rights if the criteria are not met in subsection (1).
 2028         (3) If a motion to reinstate parental rights is filed, the
 2029  court shall consider all relevant evidence, including whether:
 2030         (a) The child possesses sufficient maturity to express a
 2031  preference regarding the reinstatement of parental rights.
 2032         (b) The child is not in a preadoptive home or under
 2033  permanent guardianship.
 2034         (c) The parent has a documented change in behavior such
 2035  that, given the current age and maturity of the child, the
 2036  circumstances that brought the child into care are remedied.
 2037         (d) The parent demonstrates sufficient protective
 2038  capacities, given the child’s age, physical and behavioral
 2039  health, and any other specific characteristics and needs, such
 2040  that the risk of the child reentering care is low.
 2041         (e) Both the parent and child wish to reinstate parental
 2042  rights.
 2043         (f) The child’s guardian ad litem recommends the
 2044  reinstatement of parental rights.
 2045         (g) A multidisciplinary team was convened under s. 39.4022
 2046  and recommends the reinstatement of parental rights and has
 2047  developed a plan to transition the child to the former parent’s
 2048  care pursuant to s. 39.4023.
 2049         (4) Upon finding that the criteria in subsection (3) are
 2050  established by clear and convincing evidence, the court shall
 2051  order the department to conduct supervised visitation and trial
 2052  home visits between the child and former parent for at least 3
 2053  consecutive months after the completion of a home study. In
 2054  issuing the order, the court shall consider the transition plan
 2055  developed by the child’s multidisciplinary team. The department
 2056  shall report to the court at least once every 30 days regarding
 2057  the former parent’s interactions with the child and recommend
 2058  whether the court should reinstate parental rights. The
 2059  department shall immediately cease the visitation with the
 2060  former parent if there is an allegation of abuse, neglect, or
 2061  abandonment of the child by the parent; if the department
 2062  determines that the child’s safety or well-being is threatened;
 2063  or that such visitation is not in the child’s best interest. The
 2064  department shall immediately notify the court if it ceases
 2065  visitation between the child and former parent.
 2066         (5) The court may reinstate parental rights upon a finding
 2067  of clear and convincing evidence that it is in the best interest
 2068  of the child. Upon ordering reinstatement of parental rights,
 2069  the court shall place the child in the custody of the former
 2070  parent with an in-home safety plan. The court shall retain
 2071  jurisdiction for at least 6 months, during which the department
 2072  shall supervise the placement and report to the court on the
 2073  stability of the placement. The court shall determine whether
 2074  its jurisdiction should be continued or terminated 6 months
 2075  after reinstating parental rights based on a report from the
 2076  department or the child’s guardian ad litem and any other
 2077  relevant factors.
 2078         Section 16. Subsections (3), (5), and (7) of section
 2079  409.1451, Florida Statutes, are amended, and subsections (1),
 2080  (2), (4), (6), and (8) through (11) of that section are
 2081  reenacted, to read:
 2082         409.1451 The Road-to-Independence Program.—
 2083         (1) LEGISLATIVE FINDINGS AND INTENT.—
 2084         (a) The Legislature recognizes that most children and young
 2085  adults are resilient and, with adequate support, can expect to
 2086  be successful as independent adults. Not unlike many young
 2087  adults, some young adults who have lived in foster care need
 2088  additional support and resources for a period of time after
 2089  reaching 18 years of age.
 2090         (b) The Legislature finds that while it is important to
 2091  provide young adults who have lived in foster care with
 2092  education and independent living skills, there is also a need to
 2093  focus more broadly on creating and preserving family
 2094  relationships so that young adults have a permanent connection
 2095  with at least one committed adult who provides a safe and stable
 2096  parenting relationship.
 2097         (c) It is the intent of the Legislature that young adults
 2098  who choose to participate in the program receive the skills,
 2099  education, and support necessary to become self-sufficient and
 2100  leave foster care with a lifelong connection to a supportive
 2101  adult through the Road-to-Independence Program, either through
 2102  postsecondary education services and support, as provided in
 2103  subsection (2), or aftercare services.
 2104         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
 2105         (a) A young adult is eligible for services and support
 2106  under this subsection if he or she:
 2107         1. Was living in licensed care on his or her 18th birthday
 2108  or is currently living in licensed care; or was at least 16
 2109  years of age and was adopted from foster care or placed with a
 2110  court-approved dependency guardian after spending at least 6
 2111  months in licensed care within the 12 months immediately
 2112  preceding such placement or adoption;
 2113         2. Spent at least 6 months in licensed care before reaching
 2114  his or her 18th birthday;
 2115         3. Earned a standard high school diploma pursuant to s.
 2116  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
 2117  pursuant to s. 1003.435;
 2118         4. Has been admitted for enrollment as a full-time student
 2119  or its equivalent in an eligible postsecondary educational
 2120  institution as provided in s. 1009.533. For purposes of this
 2121  section, the term “full-time” means 9 credit hours or the
 2122  vocational school equivalent. A student may enroll part-time if
 2123  he or she has a recognized disability or is faced with another
 2124  challenge or circumstance that would prevent full-time
 2125  attendance. A student needing to enroll part-time for any reason
 2126  other than having a recognized disability must get approval from
 2127  his or her academic advisor;
 2128         5. Has reached 18 years of age but is not yet 23 years of
 2129  age;
 2130         6. Has applied, with assistance from the young adult’s
 2131  caregiver and the community-based lead agency, for any other
 2132  grants and scholarships for which he or she may qualify;
 2133         7. Submitted a Free Application for Federal Student Aid
 2134  which is complete and error free; and
 2135         8. Signed an agreement to allow the department and the
 2136  community-based care lead agency access to school records.
 2137         (b) The amount of the financial assistance shall be as
 2138  follows:
 2139         1. For a young adult who does not remain in foster care and
 2140  is attending a postsecondary school as provided in s. 1009.533,
 2141  the amount is $1,256 monthly.
 2142         2. For a young adult who remains in foster care, is
 2143  attending a postsecondary school, as provided in s. 1009.533,
 2144  and continues to reside in a licensed foster home, the amount is
 2145  the established room and board rate for foster parents. This
 2146  takes the place of the payment provided for in s. 409.145(3).
 2147         3. For a young adult who remains in foster care, but
 2148  temporarily resides away from a licensed foster home for
 2149  purposes of attending a postsecondary school as provided in s.
 2150  1009.533, the amount is $1,256 monthly. This takes the place of
 2151  the payment provided for in s. 409.145(3).
 2152         4. For a young adult who remains in foster care, is
 2153  attending a postsecondary school as provided in s. 1009.533, and
 2154  continues to reside in a licensed group home, the amount is
 2155  negotiated between the community-based care lead agency and the
 2156  licensed group home provider.
 2157         5. For a young adult who remains in foster care, but
 2158  temporarily resides away from a licensed group home for purposes
 2159  of attending a postsecondary school as provided in s. 1009.533,
 2160  the amount is $1,256 monthly. This takes the place of a
 2161  negotiated room and board rate.
 2162         6. A young adult is eligible to receive financial
 2163  assistance during the months when he or she is enrolled in a
 2164  postsecondary educational institution.
 2165         (c) Payment of financial assistance for a young adult who:
 2166         1. Has chosen not to remain in foster care and is attending
 2167  a postsecondary school as provided in s. 1009.533, shall be made
 2168  to the community-based care lead agency in order to secure
 2169  housing and utilities, with the balance being paid directly to
 2170  the young adult until such time the lead agency and the young
 2171  adult determine that the young adult can successfully manage the
 2172  full amount of the assistance.
 2173         2. Has remained in foster care under s. 39.6251 and who is
 2174  attending postsecondary school as provided in s. 1009.533, shall
 2175  be made directly to the foster parent or group home provider.
 2176         3. Community-based care lead agencies or other contracted
 2177  providers are prohibited from charging a fee associated with
 2178  administering the Road-to-Independence payments.
 2179         (d)1. The department must advertise the availability of the
 2180  stipend and must provide notification of the criteria and
 2181  application procedures for the stipend to children and young
 2182  adults leaving, or who were formerly in, foster care;
 2183  caregivers; case managers; guidance and family services
 2184  counselors; principals or other relevant school administrators;
 2185  and guardians ad litem.
 2186         2. If the award recipient transfers from one eligible
 2187  institution to another and continues to meet eligibility
 2188  requirements, the award shall be transferred with the recipient.
 2189         3. The department, or an agency under contract with the
 2190  department, shall evaluate each Road-to-Independence award for
 2191  renewal eligibility on an annual basis. In order to be eligible
 2192  for a renewal award for the subsequent year, the young adult
 2193  must:
 2194         a. Be enrolled for or have completed the number of hours,
 2195  or the equivalent, to be considered a full-time student under
 2196  subparagraph (a)4., unless the young adult qualifies for an
 2197  exception under subparagraph (a)4.
 2198         b. Maintain standards of academic progress as defined by
 2199  the education institution, except that if the young adult’s
 2200  progress is insufficient to renew the award at any time during
 2201  the eligibility period, the young adult may continue to be
 2202  enrolled for additional terms while attempting to restore
 2203  eligibility as long as progress towards the required level is
 2204  maintained.
 2205         4. Funds may be terminated during the interim between an
 2206  award and the evaluation for a renewal award if the department,
 2207  or an agency under contract with the department, determines that
 2208  the award recipient is no longer enrolled in an educational
 2209  institution as described in subparagraph (a)4. or is no longer a
 2210  resident of this state.
 2211         5. The department, or an agency under contract with the
 2212  department, shall notify a recipient who is terminated and
 2213  inform the recipient of his or her right to appeal.
 2214         6. An award recipient who does not qualify for a renewal
 2215  award or who chooses not to renew the award may apply for
 2216  reinstatement. An application for reinstatement must be made
 2217  before the young adult reaches 23 years of age. In order to be
 2218  eligible for reinstatement, the young adult must meet the
 2219  eligibility criteria and the criteria for award renewal for the
 2220  program.
 2221         (3) AFTERCARE SERVICES.—
 2222         (a)1. Aftercare services are available to a young adult who
 2223  has reached 18 years of age but is not yet 23 years of age and
 2224  is:
 2225         a.1. Not in foster care.
 2226         b.2. Temporarily not receiving financial assistance under
 2227  subsection (2) to pursue postsecondary education.
 2228         2. Subject to available funding, aftercare services as
 2229  specified in subparagraph (b)8. are also available to a young
 2230  adult who is between the ages of 18 and 22, is receiving
 2231  financial assistance under subsection (2), is experiencing an
 2232  emergency situation, and whose resources are insufficient to
 2233  meet the emergency situation. Such assistance shall be in
 2234  addition to any amount specified in paragraph (2)(b).
 2235         (b) Aftercare services include, but are not limited to, the
 2236  following:
 2237         1. Mentoring and tutoring.
 2238         2. Mental health services and substance abuse counseling.
 2239         3. Life skills classes, including credit management and
 2240  preventive health activities.
 2241         4. Parenting classes.
 2242         5. Job and career skills training.
 2243         6. Counselor consultations.
 2244         7. Temporary financial assistance for necessities,
 2245  including, but not limited to, education supplies,
 2246  transportation expenses, security deposits for rent and
 2247  utilities, furnishings, household goods, and other basic living
 2248  expenses.
 2249         8. Temporary financial assistance to address emergency
 2250  situations, including, but not limited to, automobile repairs or
 2251  large medical expenses.
 2252         9.8. Financial literacy skills training under pursuant to
 2253  s. 39.6035(1)(c).
 2254  
 2255  The specific services to be provided under this paragraph shall
 2256  be determined by an assessment of the young adult and may be
 2257  provided by the community-based care provider or through
 2258  referrals in the community.
 2259         (c) Temporary assistance provided to prevent homelessness
 2260  shall be provided as expeditiously as possible and within the
 2261  limitations defined by the department.
 2262         (4) APPEALS PROCESS.—
 2263         (a) The department shall have a procedure by which a young
 2264  adult may appeal the department’s refusal to provide Road-to
 2265  Independence Program services or support, or the termination of
 2266  such services or support if funds for such services or support
 2267  are available.
 2268         (b) The appeal procedure must be readily accessible to
 2269  young adults, must provide for timely decisions, and must
 2270  provide for an appeal to the department. The decision of the
 2271  department constitutes final agency action and is reviewable by
 2272  the court as provided in s. 120.68.
 2273         (5) DEPARTMENT RESPONSIBILITIES PORTABILITY.—
 2274         (a) The services provided under this section are portable
 2275  across county lines and between community-based care lead
 2276  agencies.
 2277         1.(a) The service needs that are identified in the original
 2278  or updated transition plan under, pursuant to s. 39.6035 must,
 2279  shall be provided by the lead agency where the young adult is
 2280  currently residing but shall be funded by the lead agency that
 2281  who initiated the transition plan.
 2282         2.(b) The lead agency with primary case management
 2283  responsibilities shall provide maintenance payments, case
 2284  planning, including a written description of all services that
 2285  will assist a child 16 years of age or older in preparing for
 2286  the transition from care to independence, as well as regular
 2287  case reviews that conform with all federal scheduling and
 2288  content requirements, for all children in foster care who are
 2289  placed or visiting out-of-state.
 2290         (b) Each community-based care lead agency shall at least
 2291  annually attempt to contact each young adult who has aged out of
 2292  foster care, who is potentially eligible for continuing care
 2293  under s. 39.6251 or for the services available under this
 2294  section, and who is not participating in any of these services.
 2295  Through this contact, the lead agency shall communicate the
 2296  continued availability of these programs and the services of the
 2297  Office of Continuing Care established under s. 414.56. The lead
 2298  agency shall also inquire into the young adult’s needs and refer
 2299  him or her to other programs that may be of assistance.
 2300         (c) Each community-based care lead agency must offer
 2301  services for intensive independent living development for young
 2302  adults who have aged out of foster care and have the greatest
 2303  deficits in life skills.
 2304         (6) ACCOUNTABILITY.—The department shall develop outcome
 2305  measures for the program and other performance measures in order
 2306  to maintain oversight of the program. No later than January 31
 2307  of each year, the department shall prepare a report on the
 2308  outcome measures and the department’s oversight activities and
 2309  submit the report to the President of the Senate, the Speaker of
 2310  the House of Representatives, and the committees with
 2311  jurisdiction over issues relating to children and families in
 2312  the Senate and the House of Representatives. The report must
 2313  include:
 2314         (a) An analysis of performance on the outcome measures
 2315  developed under this section reported for each community-based
 2316  care lead agency and compared with the performance of the
 2317  department on the same measures.
 2318         (b) A description of the department’s oversight of the
 2319  program, including, by lead agency, any programmatic or fiscal
 2320  deficiencies found, corrective actions required, and current
 2321  status of compliance.
 2322         (c) Any rules adopted or proposed under this section since
 2323  the last report. For the purposes of the first report, any rules
 2324  adopted or proposed under this section must be included.
 2325         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 2326  secretary shall establish the Independent Living Services
 2327  Advisory Council for the purpose of reviewing and making
 2328  recommendations concerning the implementation and operation of
 2329  the provisions of s. 39.6251 and the Road-to-Independence
 2330  Program. The advisory council shall function as specified in
 2331  this subsection until the Legislature determines that the
 2332  advisory council can no longer provide a valuable contribution
 2333  to the department’s efforts to achieve the goals of the services
 2334  designed to enable a young adult to live independently.
 2335         (a) The advisory council shall assess the implementation
 2336  and operation of the Road-to-Independence Program and advise the
 2337  department on actions that would improve the ability of the
 2338  these Road-to-Independence Program services to meet the
 2339  established goals. The advisory council shall keep the
 2340  department informed of problems being experienced with the
 2341  services, barriers to the effective and efficient integration of
 2342  services and support across systems, and successes that the
 2343  system of services has achieved. The department shall consider,
 2344  but is not required to implement, the recommendations of the
 2345  advisory council.
 2346         (b)1. The advisory council shall report to the secretary on
 2347  the status of the implementation of the Road-to-Independence
 2348  Program, efforts to publicize the availability of the Road-to
 2349  Independence Program, the success of the services under the
 2350  program, problems identified with the program, and
 2351  recommendations for department or legislative action, and the
 2352  department’s implementation of the recommendations contained in
 2353  the Independent Living Services Integration Workgroup Report
 2354  submitted to the appropriate substantive committees of the
 2355  Legislature by December 31, 2013.
 2356         2. The department shall submit a report by December 31 of
 2357  each year to the Governor, the President of the Senate, and the
 2358  Speaker of the House of Representatives which includes a summary
 2359  of the factors reported on by the council and identifies the
 2360  recommendations of the advisory council and the department’s
 2361  response either describes the department’s actions to implement
 2362  the recommendations or provides the department’s rationale for
 2363  not implementing the recommendations. The report must also
 2364  include the most recent data regarding the status of and
 2365  outcomes for young adults who turned 18 years of age while in
 2366  foster care, relating to education, employment, housing,
 2367  financial, transportation, health and well-being, and
 2368  connections, and an analysis of such data and outcomes.
 2369         (c) Members of the advisory council shall be appointed by
 2370  the secretary of the department. The membership of the advisory
 2371  council must include, at a minimum, young adults who receive
 2372  services and funding through the Road-to-Independence Program,
 2373  representatives from the headquarters and regional offices of
 2374  the department of Children and Families, community-based care
 2375  lead agencies, the Department of Juvenile Justice, the
 2376  Department of Economic Opportunity, the Department of Education,
 2377  the Agency for Health Care Administration, the State Youth
 2378  Advisory Board, CareerSource Florida, Inc., the Statewide
 2379  Guardian Ad Litem Office, foster parents, recipients of services
 2380  and funding through the Road-to-Independence Program, and
 2381  advocates for children in care. The secretary shall determine
 2382  the length of the term to be served by each member appointed to
 2383  the advisory council, which may not exceed 4 years.
 2384         (d) The advisory council may consult with children
 2385  currently in care and young adults who aged out of care
 2386  regarding their needs, preferences, and concerns related to
 2387  preparation for, transition to, and support during independent
 2388  living.
 2389         (e)(d) The department shall provide administrative support
 2390  to the Independent Living Services advisory council to
 2391  accomplish its assigned tasks. The advisory council shall be
 2392  afforded access to all appropriate data from the department,
 2393  each community-based care lead agency, and other relevant
 2394  agencies in order to accomplish the tasks set forth in this
 2395  section. The data collected may not include any information that
 2396  would identify a specific child or young adult.
 2397         (e) The advisory council report required under paragraph
 2398  (b) must include an analysis of the system of independent living
 2399  transition services for young adults who reach 18 years of age
 2400  while in foster care before completing high school or its
 2401  equivalent and recommendations for department or legislative
 2402  action. The council shall assess and report on the most
 2403  effective method of assisting these young adults to complete
 2404  high school or its equivalent by examining the practices of
 2405  other states.
 2406         (8) PERSONAL PROPERTY.—Property acquired on behalf of a
 2407  young adult in this program shall become the personal property
 2408  of the young adult and is not subject to the requirements of
 2409  chapter 273 relating to state-owned tangible personal property.
 2410  Such property continues to be subject to applicable federal
 2411  laws.
 2412         (9) FINANCIAL ASSISTANCE FOR YOUNG ADULTS RECEIVING
 2413  SERVICES.—Financial awards to young adults receiving services
 2414  under subsections (2) and (3) and s. 39.6251 may be disregarded
 2415  for purposes of determining the eligibility for, or the amount
 2416  of, any other federal or federally supported assistance for
 2417  which the department is required to determine eligibility for
 2418  the program.
 2419         (10) MEDICAL ASSISTANCE FOR YOUNG ADULTS FORMERLY IN CARE.
 2420  The department or community-based care lead agency shall
 2421  document that eligible young adults are enrolled in Medicaid
 2422  under s. 409.903(4).
 2423         (11) RULEMAKING.—The department shall adopt rules to
 2424  administer this section.
 2425         Section 17. Section 409.14515, Florida Statutes, is created
 2426  to read:
 2427         409.14515 Independent living preparation.—The department
 2428  shall assist children who are in foster care in making the
 2429  transition to independent living and self-sufficiency as adults.
 2430  To support opportunities for participation in age-appropriate
 2431  life skills activities, the department shall:
 2432         (1) Identify important life skills that children in out-of
 2433  home care should acquire.
 2434         (2) Develop a list of age-appropriate activities and
 2435  responsibilities useful for the development of specific life
 2436  skills for use by children and their caregivers. The age
 2437  appropriate activities must address specific topics tailored to
 2438  the needs of each child’s developmental stage. For older youth,
 2439  the list of age-appropriate activities must include, but is not
 2440  limited to, informing the youth of available independent living
 2441  services and community resources and how to apply for such
 2442  services.
 2443         (3) Design and disseminate training for caregivers related
 2444  to building needed life skills. The training must include
 2445  components that address the challenges of children in foster
 2446  care in transitioning to adulthood and information on programs
 2447  for children who are aging out of care under ss. 414.56 and
 2448  409.1451, high school completion, applications for financial
 2449  assistance for higher education, vocational school
 2450  opportunities, supporting education, and employment
 2451  opportunities.
 2452         (4) Beginning after the child’s 13th birthday, regularly
 2453  assess the degree of life skills acquisition by each child. The
 2454  department shall share the results of the assessments with the
 2455  caregiver and support the caregiver in creating, implementing,
 2456  monitoring, and revising plans as necessary to address the
 2457  child’s life skills deficits, if any.
 2458         (5) Provide opportunities for children in foster care to
 2459  interact with qualified, trained mentors who are committed to
 2460  engaging reliably with the child long-term.
 2461         (6) Develop and implement procedures for children of
 2462  sufficient age and understanding to directly access and manage
 2463  the personal allowance they receive from the department.
 2464         Section 18. Subsection (4) of section 409.1454, Florida
 2465  Statutes, is amended to read:
 2466         409.1454 Motor vehicle insurance and driver licenses for
 2467  children in care.—
 2468         (4) Payment shall be made to eligible recipients in the
 2469  order of eligibility until available funds are exhausted. If a
 2470  child determined to be eligible reaches permanency status or
 2471  turns 18 years of age, the program may pay for that child to
 2472  complete a driver education program and obtain a driver license
 2473  for up to 6 months after the date the child reaches permanency
 2474  status or 6 months after the date the child turns 18 years of
 2475  age. A child continuing in care under s. 39.6251, or who was in
 2476  licensed care when the child reached 18 years of age and is
 2477  currently receiving postsecondary education services and support
 2478  under s. 409.1451(2), may be eligible to have the costs of
 2479  licensure and costs incidental to licensure paid if the child
 2480  demonstrates that such costs are creating barriers for obtaining
 2481  employment or completing educational goals.
 2482         Section 19. Paragraph (a) of subsection (1) of section
 2483  409.988, Florida Statutes, is amended to read:
 2484         409.988 Community-based care lead agency duties; general
 2485  provisions.—
 2486         (1) DUTIES.—A lead agency:
 2487         (a)1. Shall serve:
 2488         a. All children referred as a result of a report of abuse,
 2489  neglect, or abandonment to the department’s central abuse
 2490  hotline, including, but not limited to, children who are the
 2491  subject of verified reports and children who are not the subject
 2492  of verified reports but who are at moderate to extremely high
 2493  risk of abuse, neglect, or abandonment, as determined using the
 2494  department’s risk assessment instrument, regardless of the level
 2495  of funding allocated to the lead agency by the state if all
 2496  related funding is transferred.
 2497         b. Children who were adopted from the child welfare system
 2498  and whose families require post-adoption supports.
 2499         2.The lead agency May also serve children who have not
 2500  been the subject of reports of abuse, neglect, or abandonment,
 2501  but who are at risk of abuse, neglect, or abandonment, to
 2502  prevent their entry into the child protection and child welfare
 2503  system.
 2504         Section 20. Section 414.56, Florida Statutes, is created to
 2505  read:
 2506         414.56 Office of Continuing Care.—The department shall
 2507  establish an Office of Continuing Care to ensure young adults
 2508  who age out of the foster care system between 18 and 21 years of
 2509  age, or 22 years of age with a documented disability, have a
 2510  point of contact until the young adult reaches the age of 26 in
 2511  order to receive ongoing support and care coordination needed to
 2512  achieve self-sufficiency. Duties of the office include, but are
 2513  not limited to:
 2514         (1) Informing young adults who age out of the foster care
 2515  system of the purpose of the office, the types of support the
 2516  office provides, and how to contact the office.
 2517         (2) Serving as a direct contact to the young adult in order
 2518  to provide information on how to access services to support the
 2519  young adult’s self-sufficiency, including, but not limited to,
 2520  food assistance, behavioral health services, housing, Medicaid,
 2521  and educational services.
 2522         (3) Assisting in accessing services and supports for the
 2523  young adult to attain self-sufficiency, including, but not
 2524  limited to, completing documentation required to apply for
 2525  services.
 2526         (4) Collaborating with community-based care lead agencies
 2527  to identify local resources that can provide support to young
 2528  adults served by the office and to assist young adults in
 2529  accessing these supports.
 2530         Section 21. The Florida Institute for Child Welfare
 2531  established under s. 1004.615, Florida Statutes, shall:
 2532         (1)(a) Evaluate the effectiveness of the state’s efforts to
 2533  assist youth in foster care in developing life skills to become
 2534  self-sufficient adults. The Florida Institute for Child Welfare
 2535  shall consult with the Institute for Food and Agricultural
 2536  Services Extension Program at the University of Florida in
 2537  conducting its evaluation.
 2538         (b) The evaluation shall, at a minimum:
 2539         1. Describe current requirements for caregivers to assist
 2540  youth in acquiring life skills, the information and available
 2541  supports provided to caregivers for doing so, and the actual
 2542  level of engagement in these efforts by caregivers.
 2543         2. Specify methods and measures used to determine if youth
 2544  have acquired or developed adequate life skills and how that
 2545  information is used to support life skills development for
 2546  individual youth.
 2547         3. Describe outcomes on a statewide basis, as well as by
 2548  individual community-based care lead agency, and describe how
 2549  this information is currently being used to improve performance.
 2550         4. Identify best practices for helping youth in foster care
 2551  develop life skills and compare the state’s current approach to
 2552  the best practices.
 2553         5. Specify any barriers that may prevent youth from
 2554  becoming self-sufficient.
 2555         6. Evaluate whether the state’s current approach to helping
 2556  youth in foster care develop life skills is adequate, and
 2557  recommend any changes to enhance the effectiveness of the
 2558  state’s approach to prepare youth for self-sufficiency. Any
 2559  recommendations must prioritize maintaining the state’s current
 2560  approach of primarily relying on caregivers to assist youth in
 2561  developing life skills, and recommend that such efforts be part
 2562  of everyday life experiences to the extent possible. However,
 2563  such recommendations may also include additional options for
 2564  achieving the goal of effectively preparing youth for self
 2565  sufficiency.
 2566         7. Include the input of youth who are currently in foster
 2567  care and youth who were previously in foster care. The Florida
 2568  Institute for Child Welfare shall attempt to interview youth who
 2569  are currently in foster care and youth who were previously in
 2570  foster care on their experiences with the state’s approach to
 2571  preparing them for adulthood, whether the life skills provided
 2572  were age appropriate or helpful, and what recommendations they
 2573  have to improve the state’s approach in preparing youth in
 2574  foster care for adulthood.
 2575         (c) The Florida Institute for Child Welfare shall submit
 2576  its evaluation by November 1, 2022, to the Governor, the
 2577  President of the Senate, and the Speaker of the House of
 2578  Representatives.
 2579         (2)(a) Analyze permanency outcomes in the state. The
 2580  analysis shall include, at a minimum, all of the following:
 2581         1. The frequency of permanency outcomes, both long-term and
 2582  within 2 years of entering foster care, and the differences
 2583  observed when data are disaggregated by the child’s age at entry
 2584  into foster care.
 2585         2. The length of time before parental rights are
 2586  terminated, disaggregated by the child’s age at entry into
 2587  foster care.
 2588         3. The frequency of permanency outcomes for children whose
 2589  parents have had their parental rights terminated, the length of
 2590  time before permanency is achieved, and the differences in the
 2591  type of permanency and length of time it took to achieve
 2592  permanency, disaggregated by age of the child when parental
 2593  rights were terminated.
 2594         4. The patterns, indicated by the analysis, regarding the
 2595  length of time it took to achieve permanency, the types of
 2596  permanency outcomes experienced by children entering foster care
 2597  at different ages, and how the types of permanency vary based on
 2598  the status of the rights of the parents of the children.
 2599         (b) The Florida Institute for Child Welfare shall submit
 2600  its report by October 1, 2022, to the Governor, the President of
 2601  the Senate, and the Speaker of the House of Representatives.
 2602         Section 22. This act shall take effect October 1, 2021.