Florida Senate - 2021                                      SB 92
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01356F-21                                             202192__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Children and
    3         Families; amending s. 20.19, F.S.; requiring the
    4         department to establish community alliances in each
    5         community-based care lead agency service area;
    6         requiring community alliances to adopt certain bylaws;
    7         revising the membership of community alliances;
    8         amending s. 39.4015, F.S.; requiring, rather than
    9         authorizing, the department to develop a family
   10         finding program; removing the limitation that the
   11         development of family-finding programs is subject to
   12         available resources; requiring that family finding
   13         begin as soon as a child is taken into custody of the
   14         department; making technical changes; amending s.
   15         39.4087, F.S.; requiring the department to treat
   16         caregivers in a specified manner; requiring the
   17         department to provide certain information to and
   18         training for caregivers of children in foster care;
   19         removing the requirement that such information be
   20         provided subject to available resources; expanding
   21         certain information that is required to be fully
   22         disclosed to the caregivers to include the child’s
   23         issues related to behavioral health; making technical
   24         changes; amending s. 39.5086, F.S.; removing the
   25         limitation that the development of kinship navigator
   26         programs is subject to available resources; requiring,
   27         rather than authorizing, each community-based care
   28         lead agency to establish a kinship navigator program;
   29         amending s. 394.9082, F.S.; requiring the department
   30         to collect and post specified information on its
   31         website for each managing entity under contract with
   32         the department; defining the term “employee”;
   33         providing a limitation on the managing entity
   34         employees’ salaries; requiring that contracts and
   35         amendments to existing contracts between the
   36         department and managing entities include a specified
   37         provision; creating s. 394.90825, F.S.; defining
   38         terms; requiring a board member or an officer of a
   39         managing entity to disclose specified activity that
   40         may reasonably be construed as a conflict of interest;
   41         creating a rebuttable presumption of a conflict of
   42         interest if the activity was acted upon by the board
   43         without prior notice; establishing a process for the
   44         managing entity’s board of directors to address the
   45         activity under certain timelines; providing for
   46         certain consequences for failure to obtain a board’s
   47         approval or failure to properly disclose a contract as
   48         a conflict of interest; amending s. 409.987, F.S.;
   49         requiring the department to develop an alternative
   50         plan to contracting with a lead agency in a community
   51         under certain circumstances; providing requirements
   52         for the alternative plan; defining terms; requiring a
   53         board member or an officer of a lead agency to
   54         disclose activity that may reasonably be construed as
   55         a conflict of interest; creating a rebuttable
   56         presumption of a conflict of interest if the activity
   57         was acted upon by the board without prior notice;
   58         establishing a process for the lead agency’s board of
   59         directors to address the activity under certain
   60         timelines; providing for certain consequences for
   61         failure to obtain a board’s approval or failure to
   62         properly disclose a contract as a conflict of
   63         interest; amending s. 409.988, F.S.; deleting a
   64         requirement that lead agencies post their current
   65         budgets on their websites; requiring a lead agency to
   66         demonstrate the ability to adhere to all best child
   67         welfare practices; amending s. 409.992, F.S.; defining
   68         the term “employee”; revising a limitation on salaries
   69         of community-based care lead agency employees;
   70         requiring that contracts and amendments to existing
   71         contracts between the department and lead agencies
   72         include a specified provision; amending s. 409.996,
   73         F.S.; requiring that contracts between the department
   74         and lead agencies provide information to the
   75         department which specifies how the lead agency will
   76         adhere to all best child welfare practices; requiring
   77         the department to collect and post on its website
   78         specified information relating to contracts between
   79         lead agencies and the department; creating s. 409.998,
   80         F.S.; providing legislative findings and intent;
   81         requiring the department to establish a program that
   82         consists of a child and family well-being system;
   83         requiring the designated lead agency to carry out
   84         programmatic functions; defining the term “child and
   85         family well-being system”; specifying program
   86         requirements; requiring the department, in
   87         collaboration with specified entities, to design,
   88         implement, and evaluate the program requirements;
   89         requiring the Florida Institute for Child Welfare, by
   90         a specified date, to annually submit a report to the
   91         Governor and the Legislature; providing an effective
   92         date.
   93          
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Paragraphs (a), (d), and (e) of subsection (5)
   97  of section 20.19, Florida Statutes, are amended to read:
   98         20.19 Department of Children and Families.—There is created
   99  a Department of Children and Families.
  100         (5) COMMUNITY ALLIANCES.—
  101         (a) The department shall, in consultation with local
  102  communities, establish a community alliance or similar group of
  103  the stakeholders, community leaders, client representatives, and
  104  funders of human services in each community-based care lead
  105  agency service area county to provide a focal point for
  106  community participation and governance of community-based
  107  services. An alliance may cover more than one county when such
  108  arrangement is determined to provide for more effective
  109  representation. The community alliance shall represent the
  110  diversity of the community.
  111         (d) Each community alliance shall adopt bylaws to determine
  112  the specific membership composition that best represents the
  113  local community served by that community alliance. The
  114  membership of a the community alliance must in a county shall at
  115  a minimum be composed of no more than 20 members selected from
  116  the following:
  117         1. A representative from the department.
  118         2. Representatives A representative from local county
  119  government.
  120         3. Representatives A representative from the school
  121  district.
  122         4. A representative from the county United Way.
  123         5. Representatives A representative from the county
  124  sheriffs’ offices sheriff’s office.
  125         6. A representative from each the circuit court in the lead
  126  agency service area corresponding to the county.
  127         7. A representative from the county children’s services
  128  council board, if one exists.
  129         8. A representative of a faith-based organization involved
  130  in efforts to prevent child maltreatment, strengthen families,
  131  or promote adoption.
  132         (e) The community alliance shall adopt bylaws that allow
  133  for the and may increase the membership of the alliance to be
  134  increased to no more than 30 members if, in the judgment of the
  135  alliance, such change is necessary to adequately represent the
  136  diversity of the population within the community alliance
  137  service circuits. The additional membership may to include the
  138  state attorney for the judicial circuit in which the community
  139  alliance is located, or his or her designee;, the public
  140  defender for the judicial circuit in which the community
  141  alliance is located, or his or her designee; or, and other
  142  individuals and organizations who otherwise represent
  143  perspectives that will enable the community alliance to
  144  accomplish the duties specified in paragraph (b). Such
  145  individuals and organizations may include, but need not be
  146  limited to, represent funding organizations, are community
  147  leaders, and individuals who have knowledge of community-based
  148  service issues, or otherwise represent perspectives that will
  149  enable them to accomplish the duties listed in paragraph (b),
  150  if, in the judgment of the alliance, such change is necessary to
  151  adequately represent the diversity of the population within the
  152  community alliance service circuits.
  153         Section 2. Subsection (3) of section 39.4015, Florida
  154  Statutes, is amended to read:
  155         39.4015 Family finding.—
  156         (3) FAMILY-FINDING PROGRAM.—Subject to available resources,
  157  The department, in collaboration with sheriffs’ offices that
  158  conduct child protective investigations and community-based care
  159  lead agencies, shall may develop a formal family-finding program
  160  to be implemented by child protective investigators and
  161  community-based care lead agencies as resources permit.
  162         (a) Family finding shall may begin as soon as a child is
  163  taken into custody of the department, pursuant to s. 39.401, and
  164  throughout the duration of the case as necessary, finding and
  165  engaging with as many family members and fictive kin as possible
  166  for each child who may help with care or support for the child.
  167  The department or community-based care lead agency must
  168  specifically document strategies taken to locate and engage
  169  relatives and fictive kin. Strategies of engagement may include,
  170  but are not limited to, asking the relatives and fictive kin to:
  171         1. Participate in a family group decision-making
  172  decisionmaking conference, family team conferencing, or other
  173  family meetings aimed at developing or supporting the family
  174  service plan;
  175         2. Attend visitations with the child;
  176         3. Assist in transportation of the child;
  177         4. Provide respite or child care services; or
  178         5. Provide actual kinship care.
  179         (b) The family-finding family finding program shall provide
  180  the department and the community-based care lead agencies with
  181  best practices for identifying family and fictive kin. The
  182  family-finding family finding program must use diligent efforts
  183  in family finding and, must continue those efforts until
  184  multiple relatives and fictive kin are identified, and must go
  185  beyond basic searching tools by exploring alternative tools and
  186  methodologies. Family-finding Family finding efforts by the
  187  department and the community-based care lead agency may include,
  188  but are not limited to:
  189         1. Searching for and locating adult relatives and fictive
  190  kin.
  191         2. Identifying and building positive connections between
  192  the child and the child’s relatives and fictive kin.
  193         3. Supporting the engagement of relatives and fictive kin
  194  in social service planning and delivery of services and creating
  195  a network of extended family support to assist in remedying the
  196  concerns that led to the child becoming involved with the child
  197  welfare system, when appropriate.
  198         4. Maintaining family connections, when possible.
  199         5. Keeping siblings together in care, when in the best
  200  interest of each child and when possible.
  201         (c) To be compliant with this section, family-finding
  202  efforts must go beyond basic searching tools by exploring
  203  alternative tools and methodologies. A basic computer search
  204  using the Internet or attempts to contact known relatives at a
  205  last known address or telephone number do not constitute
  206  effective family finding.
  207         Section 3. Section 39.4087, Florida Statutes, is amended to
  208  read:
  209         39.4087 Department goals and requirements relating to
  210  caregivers; dispute resolution.—
  211         (1) To provide the best care to children, the Legislature
  212  requires establishes as goals for the department to treat foster
  213  parents, kinship caregivers, and nonrelative caregivers with
  214  dignity, respect, and trust while ensuring delivery of child
  215  welfare services is focused on the best interest of the child.
  216  To that end, regarding foster parents, kinship caregivers, and
  217  nonrelative caregivers caring for dependent children in their
  218  home, to the extent not otherwise prohibited by state or federal
  219  law and to the extent of current resources, the department is
  220  required to do all of the following will strive to:
  221         (a) Provide a clear explanation to a caregiver on the role
  222  of the department, the role of the child’s biological family as
  223  it relates to the delivery of child welfare services, and the
  224  rights and responsibilities of the caregiver.
  225         (b) Provide training and support to the caregiver to help
  226  meet the necessary requirements for the daily care of the child
  227  and any special needs the child may have.
  228         (c)1. Fully disclose all relevant information regarding the
  229  child and the background of his or her biological family. A
  230  caregiver must maintain the confidentiality of any information
  231  as required by law. Such disclosure includes, but is not limited
  232  to:
  233         a.1. Any issues relative to the child that may jeopardize
  234  the health and safety of the caregiver or other individuals
  235  residing in the household or alter the manner in which the
  236  caregiver would normally provide care.
  237         b.2. Any delinquency or criminal record of the child,
  238  including, but not limited to, any pending petitions or
  239  adjudications of delinquency when the conduct constituting the
  240  delinquent act, if committed by an adult, would constitute
  241  murder in the first degree, murder in the second degree, rape,
  242  robbery, or kidnapping.
  243         c.3. Information about any physical or sexual abuse the
  244  child has experienced.
  245         d.4. Any behavioral issues that may affect the care and
  246  supervision of the child.
  247         e.5. With parental consent to the extent required by law,
  248  any known health history and medical, psychological, or
  249  behavioral mental health issues or needs of the child,
  250  including, but not limited to, current infectious diseases the
  251  child has or any episodes of hospitalization due to mental or
  252  physical illness.
  253         2.A caregiver must maintain the confidentiality of any
  254  information as required by law.
  255         (d) Allow caregivers to communicate with professionals who
  256  work with the child, including, but not limited to, therapists
  257  and other behavioral health professionals, physicians and other
  258  health care professionals, and teachers.
  259         (e) Provide a means by which a caregiver may contact the
  260  community-based care lead agency 24 hours a day, 7 days a week,
  261  for the purpose of receiving assistance from the lead agency.
  262         (f) Solicit and consider caregiver input on a child’s case
  263  plan.
  264         (g) Provide a clear, written explanation to a caregiver of
  265  any plan concerning the placement of a child in the caregiver’s
  266  home. If a plan was not developed before the placement, the
  267  department must provide a clear, written explanation to the
  268  caregiver once the plan is developed.
  269         (h) Provide information, when it becomes available, on any
  270  emergency situation that requires a child to be placed in the
  271  caregiver’s home.
  272         (i) Allow a caregiver to request the removal of a child
  273  from the home without retaliation. However, the caregiver must
  274  be open to receiving training or other support services that may
  275  mitigate the need for the child’s removal. If removal occurs,
  276  the caregiver shall cooperate with any transition that is in the
  277  best interest of the child to the extent that doing so is safe
  278  for the caregiver and other individuals in the caregiver’s home.
  279         (j) Inform the caregiver as soon as possible of any
  280  decision made by a court or child-caring agency relating to a
  281  child who is placed with the caregiver.
  282         (k) Give at least 7 days’ notice to a caregiver, to the
  283  extent possible, of any meeting or court hearing related to a
  284  child in his or her care. The notice must shall include, at
  285  minimum, but is not limited to, the name of the judge or hearing
  286  officer, the docket number, and the purpose and location of the
  287  hearing or meeting. If the department is providing such
  288  information to a child’s biological parent, the department shall
  289  provide notice to the caregiver at the same time as the
  290  biological parent.
  291         (l) If the caregiver agrees, Consider the caregiver as a
  292  placement option for a child if such child, who was formerly
  293  placed with the caregiver, reenters out-of-home care and the
  294  caregiver agrees to the child being placed with the caregiver
  295  upon reentry and reenters out-of-home care.
  296         (m) Upon reasonable notice from a caregiver, allow him or
  297  her a period of respite.
  298         (n) Upon request, provide a caregiver with copies of all
  299  information in the department’s records relating to the
  300  caregiver.
  301         (2)(a) If a caregiver believes that the department, an
  302  employee of the department, an agency under contract with the
  303  department, or an employee of such agency has violated this
  304  section, and that the violation has harmed or could harm a child
  305  who is or was in the custody of the department, or that the
  306  violation inhibited the caregiver’s ability to meet the child’s
  307  needs as set forth in the case plan, the caregiver may notify
  308  the liaison assigned to the caregiver or the child’s case
  309  manager. The liaison or case manager must make every attempt to
  310  resolve the dispute.
  311         (b) If a caregiver believes the dispute is not adequately
  312  resolved by the case manager, the caregiver or the liaison for
  313  the caregiver may contact the supervisor of the liaison or the
  314  supervisor of the case manager. If the caregiver or the liaison
  315  for the caregiver contacts a supervisor in writing, he or she
  316  may copy the department on the communication, and the department
  317  shall maintain a record of any such communication received.
  318         (c) If a caregiver believes that the supervisor of the
  319  liaison or the supervisor of the case manager did not adequately
  320  resolve the dispute, the caregiver may contact the department,
  321  and the department must conduct a review and respond to the
  322  caregiver in writing within 30 days after being contacted.
  323         Section 4. Paragraph (b) of subsection (2) of section
  324  39.5086, Florida Statutes, is amended to read:
  325         39.5086 Kinship navigator programs.—
  326         (2) PURPOSE AND SERVICES.—
  327         (b) Subject to available resources, Each community-based
  328  care lead agency shall may establish a kinship navigator program
  329  that:
  330         1. Coordinates with other state or local agencies that
  331  promote service coordination or provide information and referral
  332  services, including any entities that participate in the Florida
  333  211 Network, to avoid duplication or fragmentation of services
  334  to kinship care families;
  335         2. Is planned and operated in consultation with kinship
  336  caregivers and organizations representing them, youth raised by
  337  kinship caregivers, relevant governmental agencies, and relevant
  338  community-based or faith-based organizations;
  339         3. Has a toll-free telephone hotline to provide information
  340  to link kinship caregivers, kinship support group facilitators,
  341  and kinship service providers to:
  342         a. One another;
  343         b. Eligibility and enrollment information for federal,
  344  state, and local benefits;
  345         c. Relevant training to assist kinship caregivers in
  346  caregiving and in obtaining benefits and services; and
  347         d. Relevant knowledge related to legal options available
  348  for child custody, other legal assistance, and help in obtaining
  349  legal services.
  350         4. Provides outreach to kinship care families, including by
  351  establishing, distributing, and updating a kinship care website,
  352  or other relevant guides or outreach materials; and
  353         5. Promotes partnerships between public and private
  354  agencies, including schools, community-based or faith-based
  355  organizations, and relevant governmental agencies, to increase
  356  their knowledge of the needs of kinship care families to promote
  357  better services for those families.
  358         Section 5. Present paragraphs (f) through (j) of subsection
  359  (4) of section 394.9082, Florida Statutes, are redesignated as
  360  paragraphs (h) through (l), respectively, paragraph (m) is added
  361  to subsection (3) and new paragraphs (f) and (g) are added to
  362  subsection (4) of that section, and paragraph (a) of subsection
  363  (6) of that section is amended, to read:
  364         394.9082 Behavioral health managing entities.—
  365         (3) DEPARTMENT DUTIES.—The department shall:
  366         (m)Collect and post all of the following information on
  367  its website, updated annually, for each managing entity under
  368  contract with the department:
  369         1.Current salaries, bonuses, and other compensation paid,
  370  by position, for any employee who receives a salary from state
  371  appropriated funds, including state-appropriated federal funds,
  372  whether base pay or base pay combined with any bonus or
  373  incentive payments, in excess of 100 percent of the annual
  374  salary paid to the secretary of the Department of Children and
  375  Families. For purposes of this subparagraph, the term “employee”
  376  includes, but is not limited to, the chief executive officer,
  377  chief financial officer, and chief operating officer, or any
  378  other executive staff of the managing entity.
  379         2.Annual expenses, reported as both a percentage of total
  380  managing entity funds and as a total dollar amount, as follows:
  381         a.Program expenses, including, but not limited to, costs
  382  directly related to carrying out the managing entity’s mission,
  383  which result in services being provided;
  384         b.Administrative expenses, including, but not limited to,
  385  costs of board of director meetings, general legal services,
  386  accounting, insurance, office management, auditing, human
  387  resources, and other centralized services; and
  388         c.Fundraising expenses, including, but not limited to,
  389  costs for publicizing and conducting fundraising campaigns,
  390  maintaining donor mailing lists, conducting special fundraising
  391  events, and any other activities that involve soliciting
  392  contributions.
  393         (4) CONTRACT WITH MANAGING ENTITIES.—
  394         (f)1. For purposes of this paragraph, the term “employee”
  395  includes, but is not limited to, the chief executive officer,
  396  chief financial officer, and chief operating officer, or any
  397  other executive staff of the managing entity.
  398         2.Notwithstanding any other law, a managing entity
  399  employee may not receive a salary from state-appropriated funds,
  400  including state-appropriated federal funds, whether base pay or
  401  base pay combined with any bonus or incentive payments,
  402  including the base pay or base pay combined with any bonus or
  403  incentive payments received as a result of employment with more
  404  than one community-based care lead agency or managing entity, in
  405  excess of 100 percent of the annual salary paid to the secretary
  406  of the Department of Children and Families.
  407         3.This paragraph does not prohibit any party from
  408  providing cash that is not from appropriated state funds to a
  409  managing entity employee.
  410         (g)Upon the execution of a new contract or in any
  411  amendment to an existing contract, the department shall include
  412  a provision that includes the limitation on compensation
  413  specified in paragraph (f).
  414         (6) NETWORK ACCREDITATION AND SYSTEMS COORDINATION
  415  AGREEMENTS.—
  416         (a)1. The department shall identify acceptable
  417  accreditations which address coordination within a network and,
  418  if possible, between the network and major systems and programs
  419  with which the network interacts, such as the child welfare
  420  system, the courts system, and the Medicaid program. In
  421  identifying acceptable accreditations, the department shall
  422  consider whether the accreditation facilitates integrated
  423  strategic planning, resource coordination, technology
  424  integration, performance measurement, and increased value to
  425  consumers through choice of and access to services, improved
  426  coordination of services, and effectiveness and efficiency of
  427  service delivery.
  428         2. All managing entities under contract with the state by
  429  July 1, 2016, shall earn accreditation deemed acceptable by the
  430  department pursuant to subparagraph 1. by June 30, 2019.
  431  Managing entities whose initial contract with the state is
  432  executed after July 1, 2016, shall earn network accreditation
  433  within 3 years after the contract execution date. Pursuant to
  434  paragraph (4)(l) (4)(j), the department may continue the
  435  contract of a managing entity under contract as of July 1, 2016,
  436  that earns the network accreditation within the required
  437  timeframe and maintains it throughout the contract term.
  438         Section 6. Section 394.90825, Florida Statutes, is created
  439  to read:
  440         394.90825 Boards of managing entities; conflicts of
  441  interest.—
  442         (1) As used in this section, the term:
  443         (a) “Activity” includes, but is not limited to, a contract
  444  for goods and services, a contract for the purchase of any real
  445  or tangible property, or an agreement to engage with the
  446  managing entity for the benefit of a third party in exchange for
  447  an interest in real or tangible property, a monetary benefit, or
  448  an in-kind contribution.
  449         (b) “Conflict of interest” means when a board member or an
  450  officer, or a relative of a board member or an officer, of the
  451  managing entity does any of the following:
  452         1. Enters into a contract or other transaction for goods or
  453  services with the managing entity.
  454         2. Holds a direct or indirect interest in a corporation,
  455  limited liability corporation, partnership, limited liability
  456  partnership, or other business entity that conducts business
  457  with the managing entity or proposes to enter into a contract or
  458  other transaction with the managing entity. For purposes of this
  459  paragraph, “indirect interest” has the same meaning as provided
  460  in s. 112.312.
  461         3. Knowingly obtains a direct or indirect personal,
  462  financial, professional, or other benefit as a result of the
  463  relationship of such member or officer, or relative of the
  464  member or officer, with the managing entity. For purposes of
  465  this paragraph, the term “benefit” does not include per diem and
  466  travel expenses paid or reimbursed to board members in
  467  connection with their service on the board.
  468         (c) “Managing entity” has the same meaning as in s.
  469  394.9082.
  470         (d) “Relative” means a relative within the third degree of
  471  consanguinity by blood or marriage.
  472         (2)(a)For any activity that is presented to the board of a
  473  managing entity for its initial consideration and approval after
  474  July 1, 2021, or any activity that involves a contract that is
  475  being considered for renewal on or after July 1, 2021, and
  476  before January 1, 2022, a board member or an officer of a
  477  managing entity shall disclose to the board any activity that
  478  may reasonably be construed to be a conflict of interest before
  479  such activity is initially considered and approved or renewed by
  480  the board. A rebuttable presumption of a conflict of interest
  481  exists if the activity was acted upon by the board without prior
  482  notice as required under subsection (3).
  483         (b) For contracts with a managing entity which are in
  484  existence on July 1, 2021, and are not subject to renewal before
  485  January 1, 2022, a board member or an officer shall disclose to
  486  the board any activity that may reasonably be construed to be a
  487  conflict of interest under this section by December 31, 2021.
  488         (3)(a) If a board member or an officer, or a relative of a
  489  member or an officer, proposes to engage in an activity as
  490  described in (2)(a), the proposed activity must be listed on the
  491  meeting agenda for the next general or special meeting of the
  492  members, and copies of all contracts and transactional documents
  493  related to the proposed activity must be included in the agenda.
  494  The meeting agenda must clearly identify the existence of a
  495  potential conflict of interest for the proposed activity. Before
  496  a member or an officer, or a relative of a member or an officer,
  497  engages in the proposed activity, the activity and contract or
  498  other transaction documents must be approved by an affirmative
  499  vote of two-thirds of all other members present.
  500         (b) If a member or an officer notifies the board of a
  501  potential conflict of interest with the member or officer, or a
  502  relative of the member or officer, under an existing contract as
  503  described in paragraph (2)(b), the board must notice the
  504  activity on a meeting agenda for the next general or special
  505  meeting of the members, and copies of all contracts and
  506  transactional documents related to the activity must be
  507  attached. The meeting agenda must clearly identify the existence
  508  of a potential conflict of interest. The board must be given the
  509  opportunity to approve or disapprove the conflict of interest by
  510  a vote of two-thirds of all other members present.
  511         (4)(a) If the board votes against the proposed activity
  512  pursuant to paragraph (3)(a), the board member or officer, or
  513  the relative of the member or officer, must notify the board in
  514  writing of his or her intention, or his or her relative’s
  515  intention, not to pursue the proposed activity, or the member or
  516  officer shall withdraw from office before the next scheduled
  517  board meeting. If the board finds that an officer or a member
  518  has violated this paragraph, the officer or member shall be
  519  deemed removed from office before the next scheduled board
  520  meeting.
  521         (b) In the event that the board does not approve of a
  522  conflict of interest as required in paragraph (3)(b), the
  523  parties to the activity may opt to cancel the activity or, in
  524  the alternative, the member or officer must resign from the
  525  board before the next scheduled board meeting. If the activity
  526  canceled is a contract, the managing entity is only liable for
  527  the reasonable value of the goods and services provided up to
  528  the time of cancellation and is not liable for any termination
  529  fee, liquidated damages, or other form of penalty for such
  530  cancellation.
  531         (5) A board member or an officer, or a relative of a member
  532  or an officer, who is a party to, or has an interest in, an
  533  activity that is a possible conflict of interest may attend the
  534  meeting at which the activity is considered by the board and is
  535  authorized to make a presentation to the board regarding the
  536  activity. After the presentation, the member or officer, or the
  537  relative of the member or officer, shall leave the meeting
  538  during the discussion of, and the vote on, the activity. A
  539  member or an officer who is a party to, or has an interest in,
  540  the activity shall recuse himself or herself from the vote.
  541         (6) A contract entered into between a board member or an
  542  officer, or a relative of a member or an officer, and the
  543  managing entity which has not been properly disclosed as a
  544  conflict of interest or potential conflict of interest under
  545  this section is voidable and terminates upon the filing of a
  546  written notice terminating the contract with the board of
  547  directors which contains the consent of at least 20 percent of
  548  the voting interests of the managing entity.
  549         Section 7. Section 409.987, Florida Statutes, is amended to
  550  read:
  551         409.987 Lead agency procurement; boards; conflicts of
  552  interest.—
  553         (1) Community-based care lead agencies shall be procured by
  554  the department through a competitive process as required under
  555  chapter 287.
  556         (2) The department shall produce a schedule for the
  557  procurement of community-based care lead agencies and provide
  558  the schedule to the community alliances established pursuant to
  559  s. 20.19(5) and post the schedule on the department’s website.
  560         (3) Notwithstanding s. 287.057, the department shall use 5
  561  year contracts with lead agencies.
  562         (4) In order to serve as a lead agency, an entity must:
  563         (a) Be organized as a Florida corporation or a governmental
  564  entity.
  565         (b) Be governed by a board of directors or a board
  566  committee composed of board members. The membership of the board
  567  of directors or board committee must be described in the bylaws
  568  or articles of incorporation of each lead agency, which must
  569  provide that at least 75 percent of the membership of the board
  570  of directors or board committee must consist of persons residing
  571  in this state, and at least 51 percent of the state residents on
  572  the board of directors must reside within the service area of
  573  the lead agency. However, for procurements of lead agency
  574  contracts initiated on or after July 1, 2014:
  575         1. At least 75 percent of the membership of the board of
  576  directors must consist of persons residing in this state, and at
  577  least 51 percent of the membership of the board of directors
  578  must consist of persons residing within the service area of the
  579  lead agency. If a board committee governs the lead agency, 100
  580  percent of its membership must consist of persons residing
  581  within the service area of the lead agency.
  582         2. The powers of the board of directors or board committee
  583  include, but are not limited to, approving the lead agency’s
  584  budget and setting the lead agency’s operational policy and
  585  procedures. A board of directors must additionally have the
  586  power to hire the lead agency’s executive director, unless a
  587  board committee governs the lead agency, in which case the board
  588  committee must have the power to confirm the selection of the
  589  lead agency’s executive director.
  590         (c) Demonstrate financial responsibility through an
  591  organized plan for regular fiscal audits and the posting of a
  592  performance bond.
  593         (5) The department’s procurement team procuring any lead
  594  agencies’ contracts must include individuals from the community
  595  alliance in the area to be served under the contract. All
  596  meetings at which vendors make presentations to or negotiate
  597  with the procurement team shall be held in the area to be served
  598  by the contract.
  599         (6)In communities where conditions make it impossible or
  600  not feasible to competitively contract with a lead agency, the
  601  department shall develop an alternative plan, in collaboration
  602  with the local community alliance, that may include establishing
  603  an innovative consortia of partners which may include, but is
  604  not limited to, private entities, local and county governmental
  605  entities, and the department. The plan must detail how the
  606  community will continue to implement community-based care
  607  through competitively procuring either the specific components
  608  of foster care and related services or comprehensive services
  609  for defined eligible populations of children and families from
  610  qualified licensed agencies as part of the community’s efforts
  611  to develop the local capacity for a community-based system of
  612  coordinated care. The plan must ensure local control over the
  613  management and administration of the service provision in
  614  accordance with the intent of this section and may adhere to
  615  recognized best business practices, including, but not limited
  616  to, the use of public or private partnerships.
  617         (7)(a)As used in this subsection, the term:
  618         1. “Activity” includes, but is not limited to, a contract
  619  for goods and services, a contract for the purchase of any real
  620  or tangible property, or an agreement to engage with the lead
  621  agency for the benefit of a third party in exchange for an
  622  interest in real or tangible property, a monetary benefit, or an
  623  in-kind contribution.
  624         2. “Conflict of interest” means when a board member or an
  625  officer, or a relative of a member or an officer, of the lead
  626  agency does any of the following:
  627         a. Enters into a contract or other transaction for goods or
  628  services with the lead agency.
  629         b. Holds a direct or indirect interest in a corporation,
  630  limited liability corporation, partnership, limited liability
  631  partnership, or other business entity that conducts business
  632  with the lead agency or proposes to enter into a contract or
  633  other transaction with the lead agency. For purposes of this
  634  subparagraph, “indirect interest” has the same meaning as
  635  provided in s. 112.312.
  636         c. Knowingly obtains a direct or indirect personal,
  637  financial, professional, or other benefit as a result of the
  638  relationship of such member or officer, or relative of the
  639  member or officer, with the lead agency. For purposes of this
  640  subparagraph, the term “benefits” does not include per diem and
  641  travel expenses paid or reimbursed to board members in
  642  connection with their service on the board.
  643         3. “Relative” means a relative within the third degree of
  644  consanguinity by blood or marriage.
  645         (b)1. For any activity that is presented to the board for
  646  its initial consideration and approval on or after July 1, 2021,
  647  or any activity that involves a contract which is being
  648  considered for renewal on or after July 1, 2021, and before
  649  January 1, 2022, a board member or an officer of a lead agency
  650  must disclose to the board any activity that may reasonably be
  651  construed to be a conflict of interest before such activity is
  652  initially considered and approved or renewed by the board. A
  653  rebuttable presumption of a conflict of interest exists if the
  654  activity was acted upon by the board without prior notice, as
  655  required in paragraph (c).
  656         2. For contracts with a lead agency which are in existence
  657  on July 1, 2021, and are not subject to renewal before January
  658  1, 2022, a board member or officer shall disclose to the board
  659  any activity that may reasonably be construed to be a conflict
  660  of interest under this section by December 31, 2021.
  661         (c)1. If a member or an officer, or a relative of a member
  662  or an officer, proposes to engage in an activity that is covered
  663  by subparagraph (b)1., the proposed activity must be listed on
  664  the meeting agenda for the next general or special meeting of
  665  the members, and copies of all contracts and transactional
  666  documents related to the proposed activity must be included in
  667  the agenda. The meeting agenda must clearly identify the
  668  existence of a potential conflict of interest for the proposed
  669  activity. Before a member or an officer, or a relative of a
  670  member or an officer, engages in the proposed activity, the
  671  activity and contract or other transaction documents must be
  672  approved by an affirmative vote of two-thirds of all other
  673  members present.
  674         2. If a member or an officer notifies the board of a
  675  potential conflict of interest with the member or officer, or a
  676  relative of the member or officer, under an existing contract as
  677  described in subparagraph (b)2., the board must notice the
  678  activity on a meeting agenda for the next general or special
  679  meeting of the members, and copies of all contracts and
  680  transactional documents related to the activity must be
  681  attached. The meeting agenda must clearly identify the existence
  682  of a potential conflict of interest. The board must be given the
  683  opportunity to approve or disapprove of the conflict of interest
  684  by a vote of two-thirds of all other members present.
  685         (d)1. If the board votes against the proposed activity
  686  pursuant to subparagraph (c)1., the member or officer, or the
  687  relative of the member or officer, must notify the board in
  688  writing of his or her intention, or his or her relative’s
  689  intention, not to pursue the proposed activity, or the member or
  690  officer shall withdraw from office before the next scheduled
  691  board meeting. If the board finds that an officer or a member
  692  has violated this subparagraph, the officer or member shall be
  693  deemed removed from office before the next scheduled board
  694  meeting.
  695         2. In the event that the board does not approve of a
  696  conflict as required in subparagraph (c)2., the parties to the
  697  activity may opt to cancel the activity or, in the alternative,
  698  the member or officer must resign from the board before the next
  699  scheduled board meeting. If the activity canceled is a contract,
  700  the lead agency is only liable for the reasonable value of the
  701  goods and services provided up to the time of cancellation and
  702  is not liable for any termination fee, liquidated damages, or
  703  other form of penalty for such cancellation.
  704         (e) A member or an officer, or a relative of a member or an
  705  officer, who is a party to, or has an interest in, an activity
  706  that is a possible conflict of interest may attend the meeting
  707  at which the activity is considered by the board and is
  708  authorized to make a presentation to the board regarding the
  709  activity. After the presentation, the member or officer, or the
  710  relative of the member or officer, must leave the meeting during
  711  the discussion of, and the vote on, the activity. A member or an
  712  officer who is a party to, or has an interest in, the activity
  713  must recuse himself or herself from the vote.
  714         (f) A contract entered into between a member or an officer,
  715  or a relative of a member or an officer, and the lead agency
  716  which has not been properly disclosed as a conflict of interest
  717  or potential conflict of interest under this subsection is
  718  voidable and terminates upon the filing of a written notice
  719  terminating the contract with the board of directors which
  720  contains the consent of at least 20 percent of the voting
  721  interests of the lead agency.
  722         Section 8. Subsection (1) of section 409.988, Florida
  723  Statutes, is amended to read:
  724         409.988 Lead agency duties; general provisions.—
  725         (1) DUTIES.—A lead agency:
  726         (a) Shall serve all children referred as a result of a
  727  report of abuse, neglect, or abandonment to the department’s
  728  central abuse hotline, including, but not limited to, children
  729  who are the subject of verified reports and children who are not
  730  the subject of verified reports but who are at moderate to
  731  extremely high risk of abuse, neglect, or abandonment, as
  732  determined using the department’s risk assessment instrument,
  733  regardless of the level of funding allocated to the lead agency
  734  by the state if all related funding is transferred. The lead
  735  agency may also serve children who have not been the subject of
  736  reports of abuse, neglect, or abandonment, but who are at risk
  737  of abuse, neglect, or abandonment, to prevent their entry into
  738  the child protection and child welfare system.
  739         (b) Shall provide accurate and timely information necessary
  740  for oversight by the department pursuant to the child welfare
  741  results-oriented accountability system required by s. 409.997.
  742         (c) Shall follow the financial guidelines developed by the
  743  department and provide for a regular independent auditing of its
  744  financial activities. Such financial information shall be
  745  provided to the community alliance established under s.
  746  20.19(5).
  747         (d) Shall post on its website the current budget for the
  748  lead agency, including the salaries, bonuses, and other
  749  compensation paid, by position, for the agency’s chief executive
  750  officer, chief financial officer, and chief operating officer,
  751  or their equivalents.
  752         (e) Shall prepare all judicial reviews, case plans, and
  753  other reports necessary for court hearings for dependent
  754  children, except those related to the investigation of a
  755  referral from the department’s child abuse hotline, and shall
  756  submit these documents timely to the department’s attorneys for
  757  review, any necessary revision, and filing with the court. The
  758  lead agency shall make the necessary staff available to
  759  department attorneys for preparation for dependency proceedings,
  760  and shall provide testimony and other evidence required for
  761  dependency court proceedings in coordination with the
  762  department’s attorneys. This duty does not include the
  763  preparation of legal pleadings or other legal documents, which
  764  remain the responsibility of the department.
  765         (e)(f) Shall ensure that all individuals providing care for
  766  dependent children receive:
  767         1. Appropriate training and meet the minimum employment
  768  standards established by the department. Appropriate training
  769  shall include, but is not limited to, training on the
  770  recognition of and responses to head trauma and brain injury in
  771  a child under 6 years of age developed by the Child Protection
  772  Team Program within the Department of Health.
  773         2. Contact information for the local mobile response team
  774  established under s. 394.495.
  775         (f)(g) Shall maintain eligibility to receive all available
  776  federal child welfare funds.
  777         (g)Shall demonstrate the ability to adhere to all best
  778  child welfare practices pursuant to ss. 39.4087, 39.523,
  779  409.1415, and 409.145.
  780         (h) Shall maintain written agreements with Healthy Families
  781  Florida lead entities in its service area pursuant to s. 409.153
  782  to promote cooperative planning for the provision of prevention
  783  and intervention services.
  784         (i) Shall comply with federal and state statutory
  785  requirements and agency rules in the provision of contractual
  786  services.
  787         (j) May subcontract for the provision of services required
  788  by the contract with the lead agency and the department;
  789  however, the subcontracts must specify how the provider will
  790  contribute to the lead agency meeting the performance standards
  791  established pursuant to the child welfare results-oriented
  792  accountability system required by s. 409.997. The lead agency
  793  shall directly provide no more than 35 percent of all child
  794  welfare services provided unless it can demonstrate a need,
  795  within the lead agency’s geographic service area, to exceed this
  796  threshold. The local community alliance in the geographic
  797  service area in which the lead agency is seeking to exceed the
  798  threshold shall review the lead agency’s justification for need
  799  and recommend to the department whether the department should
  800  approve or deny the lead agency’s request for an exemption from
  801  the services threshold. If there is not a community alliance
  802  operating in the geographic service area in which the lead
  803  agency is seeking to exceed the threshold, such review and
  804  recommendation shall be made by representatives of local
  805  stakeholders, including at least one representative from each of
  806  the following:
  807         1. The department.
  808         2. The county government.
  809         3. The school district.
  810         4. The county United Way.
  811         5. The county sheriff’s office.
  812         6. The circuit court corresponding to the county.
  813         7. The county children’s board, if one exists.
  814         (k) Shall post on its website by the 15th day of each month
  815  at a minimum the information contained in subparagraphs 1.-4.
  816  for the preceding calendar month regarding its case management
  817  services. The following information shall be reported by each
  818  individual subcontracted case management provider, by the lead
  819  agency, if the lead agency provides case management services,
  820  and in total for all case management services subcontracted or
  821  directly provided by the lead agency:
  822         1. The average caseload of case managers, including only
  823  filled positions;
  824         2. The turnover rate for case managers and case management
  825  supervisors for the previous 12 months;
  826         3. The percentage of required home visits completed; and
  827         4. Performance on outcome measures required pursuant to s.
  828  409.997 for the previous 12 months.
  829         (l) Shall identify an employee to serve as a liaison with
  830  the community alliance and community-based and faith-based
  831  organizations interested in collaborating with the lead agency
  832  or offering services or other assistance on a volunteer basis to
  833  the children and families served by the lead agency. The lead
  834  agency shall ensure that appropriate lead agency staff and
  835  subcontractors, including, but not limited to, case managers,
  836  are informed of the specific services or assistance available
  837  from community-based and faith-based organizations.
  838         Section 9. Subsection (3) of section 409.992, Florida
  839  Statutes, is amended, and subsection (5) is added to that
  840  section, to read:
  841         409.992 Lead agency expenditures.—
  842         (3)(a)For purposes of this subsection, the term “employee”
  843  includes, but is not limited to, the chief executive officer,
  844  chief financial officer, and chief operating officer, or any
  845  other executive staff of the community-based care lead agency.
  846         (b) Notwithstanding any other provision of law, a
  847  community-based care lead agency administrative employee may not
  848  receive a salary from state-appropriated funds, including state
  849  appropriated federal funds, whether base pay or base pay
  850  combined with any bonus or incentive payments, including the
  851  base pay or base pay combined with any bonus or incentive
  852  payments received as a result of employment with more than one
  853  community-based care lead agency or managing entity, in excess
  854  of 100 150 percent of the annual salary paid to the secretary of
  855  the Department of Children and Families from state-appropriated
  856  funds, including state-appropriated federal funds.
  857         (c) This subsection does not prohibit any party from
  858  providing cash that is not from appropriated state funds to a
  859  community-based care lead agency administrative employee.
  860         (5)Upon the execution of a new contract or in any
  861  amendment to an existing contract with a lead agency, the
  862  department shall include a provision that includes the
  863  limitation on compensation specified in subsection (3).
  864         Section 10. Present subsections (3) through (25) of section
  865  409.996, Florida Statutes, are redesignated as subsections (4)
  866  through (26), respectively, a new subsection (3) is added to
  867  that section, and subsections (1) and (2) and paragraph (d) of
  868  present subsection (25) are amended, to read:
  869         409.996 Duties of the Department of Children and Families.
  870  The department shall contract for the delivery, administration,
  871  or management of care for children in the child protection and
  872  child welfare system. In doing so, the department retains
  873  responsibility for the quality of contracted services and
  874  programs and shall ensure that, at a minimum, services are
  875  delivered in accordance with applicable federal and state
  876  statutes and regulations and the performance standards and
  877  metrics specified in the strategic plan created under s.
  878  20.19(1).
  879         (1) The department shall enter into contracts with lead
  880  agencies for the performance of the duties by the lead agencies
  881  established in s. 409.988. At a minimum, the contracts must do
  882  all of the following:
  883         (a) Provide for the services needed to accomplish the
  884  duties established in s. 409.988. and
  885         (b)Provide information to the department which specifies
  886  how the lead agency will adhere to all best child welfare
  887  practices pursuant to ss. 39.4087, 39.523, 409.1415, and
  888  409.145.
  889         (c) Provide information to the department which is
  890  necessary to meet the requirements for a quality assurance
  891  program under subsection (20) (19) and the child welfare
  892  results-oriented accountability system under s. 409.997.
  893         (d)(b) Provide for tiered interventions and graduated
  894  penalties for failure to comply with contract terms or in the
  895  event of performance deficiencies. Such interventions and
  896  penalties shall include, but are not limited to:
  897         1. Enhanced monitoring and reporting.
  898         2. Corrective action plans.
  899         3. Requirements to accept technical assistance and
  900  consultation from the department under subsection (5) (4).
  901         4. Financial penalties, which shall require a lead agency
  902  to reallocate funds from administrative costs to direct care for
  903  children.
  904         5. Early termination of contracts, as provided in s.
  905  402.1705(3)(f).
  906         (e)(c) Ensure that the lead agency shall furnish current
  907  and accurate information on its activities in all cases in
  908  client case records in the state’s statewide automated child
  909  welfare information system.
  910         (f)(d) Specify the procedures to be used by the parties to
  911  resolve differences in interpreting the contract or to resolve
  912  disputes as to the adequacy of the parties’ compliance with
  913  their respective obligations under the contract.
  914         (2) The department must adopt written policies and
  915  procedures for monitoring the contract for delivery of services
  916  by lead agencies which must be posted on the department’s
  917  website. These policies and procedures must, at a minimum,
  918  address the evaluation of fiscal accountability and program
  919  operations, including provider achievement of performance
  920  standards, provider monitoring of subcontractors, and timely
  921  follow-up followup of corrective actions for significant
  922  monitoring findings related to providers and subcontractors.
  923  These policies and procedures must also include provisions for
  924  reducing the duplication of the department’s program monitoring
  925  activities both internally and with other agencies, to the
  926  extent possible. The department’s written procedures must ensure
  927  that the written findings, conclusions, and recommendations from
  928  monitoring the contract for services of lead agencies are
  929  communicated to the director of the provider agency and the
  930  community alliance as expeditiously as possible.
  931         (3)The department shall collect and post on its website,
  932  and annually update, all of the following information for each
  933  lead agency under contract with the department:
  934         (a)Current salaries, bonuses, and other compensation paid,
  935  by position, for any employee who receives a salary from state
  936  appropriated funds, including state-appropriated federal funds,
  937  whether base pay or base pay combined with any bonus or
  938  incentive payments, in excess of 100 percent of the annual
  939  salary paid to the secretary of the Department of Children and
  940  Families. For purposes of this paragraph, the term “employee”
  941  includes, but is not limited to, the chief executive officer,
  942  chief financial officer, and chief operating officer, or any
  943  other executive staff of the community-based care lead agency.
  944         (b)Annual expenses, reported as both a percentage of total
  945  lead agency funds and as a total dollar amount, as follows:
  946         1.Program expenses, including, but not limited to, costs
  947  directly related to carrying out the lead agency’s mission and
  948  which result in services being provided;
  949         2.Administrative expenses, including, but not limited to,
  950  costs of board of directors’ meetings, general legal services,
  951  accounting, insurance, office management, auditing, human
  952  resources, and other centralized services; and
  953         3.Fundraising expenses, including, but not limited to,
  954  costs for publicizing and conducting fundraising campaigns,
  955  maintaining donor mailing lists, conducting special fundraising
  956  events, and any other activities that involve soliciting
  957  contributions.
  958         (26)(25) Subject to an appropriation, for the 2020-2021 and
  959  2021-2022 fiscal years, the department shall implement a pilot
  960  project in the Sixth and Thirteenth Judicial Circuits,
  961  respectively, aimed at improving child welfare outcomes.
  962         (d) The department shall include the results of the pilot
  963  projects in the report required in subsection (25) (24) of this
  964  section. The report must include the department’s findings and
  965  recommendations relating to the pilot projects.
  966         Section 11. Section 409.998, Florida Statutes, is created
  967  to read:
  968         409.998 Child and family well-being.
  969         (1)LEGISLATIVE FINDINGS AND INTENT.—
  970         (a)The Legislature finds that every child deserves a safe,
  971  stable, and permanent family and that all families deserve the
  972  opportunities and supports to raise their children safely and
  973  successfully in their own homes and communities.
  974         (b)The Legislature also finds that families are our
  975  greatest asset in ensuring that all children are safe and have
  976  what they need to thrive and succeed, and there is evidence
  977  that, with appropriate support, many families can remain safely
  978  together without court involvement or traumatic separations.
  979         (c)The Legislature further finds that the state’s current
  980  child welfare system and practices do not always align with
  981  current research related to the needs of children and families.
  982         (d)It is the intent of the Legislature that the state
  983  establish a child and family well-being system that shifts the
  984  focus from child welfare to child well-being by allowing all
  985  sectors of a community and the state to work together to
  986  reallocate resources into services and supports that reduce the
  987  need for out-of-home care and that improve the well-being of
  988  children and families.
  989         (2) ESTABLISHMENT OF PROGRAM.—The department shall
  990  establish a program that consists of a child and family well
  991  being system to serve children and their families through a
  992  contract with a designated lead agency operating in accordance
  993  with s. 409.987. The lead agency shall carry out all
  994  programmatic functions necessary to fulfill the intent of this
  995  section. As used in this section, the term “child and family
  996  well-being system” means a system that recognizes the difference
  997  between poverty and neglect and that provides mentoring and
  998  supports to biological parents as they develop the skills and
  999  resources necessary to adequately care for their children.
 1000         (3) PROGRAM REQUIREMENTS.—The creation of a child and
 1001  family well-being system requires a fundamental change that
 1002  refocuses all aspects of child welfare on supporting the
 1003  family’s role in caring for children. Successful implementation
 1004  will result in a community-based network of support where the
 1005  trauma of child removal is prevented and children are thriving
 1006  in their own safe, permanent, and nurturing families. The
 1007  designated lead agency shall collaborate with national experts
 1008  that specialize in child welfare systems change to create a
 1009  program that is required to do all of the following:
 1010         (a)Designate lead agency leadership that will identify a
 1011  core group of agency individuals to develop a plan for creating
 1012  necessary change in the way the agency works.
 1013         (b)Recognize that change of this magnitude is difficult
 1014  and time-consuming and determine steps necessary to attend to
 1015  the well-being of individuals involved early on in the process
 1016  to reduce undesired staff turnover and burnout and increase
 1017  staff satisfaction and well-being.
 1018         (c)Develop a plan for creating a change in the way all
 1019  partners in the process think about how to best keep families
 1020  and children safe and together.
 1021         (d)Build working relationships throughout the process of
 1022  change, including some unexpected or unconventional partners,
 1023  allies, and mentors in the community.
 1024         (e)Provide regular and ongoing opportunities for the
 1025  workforce to interact to discuss new ideas and principles that
 1026  are needed for change to become permanent.
 1027         (f)Redirect resources toward primary prevention and away
 1028  from removing children from their families.
 1029         (4)IMPLEMENTATION.—The department shall, in collaboration
 1030  with the designated lead agency, the community alliance, and the
 1031  Florida Institute for Child Welfare, design, implement, and
 1032  evaluate the program requirements specified in subsection (3).
 1033         (5)REPORTING REQUIREMENTS.—By October 1, 2021, and
 1034  annually thereafter, the Florida Institute for Child Welfare
 1035  shall submit a report to the Governor, the President of the
 1036  Senate, and the Speaker of the House of Representatives which
 1037  evaluates the child and family well-being program, including,
 1038  but not limited to, whether the program is in compliance with
 1039  this section and the outcomes of the children served by the
 1040  child and family well-being program.
 1041         Section 12. This act shall take effect July 1, 2021.