Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1120
       
       
       
       
       
       
                                Ì426412wÎ426412                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/25/2022           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 31 - 184
    4  and insert:
    5  394.875 or a hospital licensed under chapter 395 for residential
    6  mental health treatment only pursuant to this section or may be
    7  placed by the court in accordance with an order of involuntary
    8  examination or involuntary placement entered pursuant to s.
    9  394.463 or s. 394.467. All children placed in a residential
   10  treatment program under this subsection must have a guardian ad
   11  litem appointed.
   12         (a) As used in this subsection, the term:
   13         2.1. “Residential treatment” or “residential treatment
   14  program” means a placement for observation, diagnosis, or
   15  treatment of an emotional disturbance in a residential treatment
   16  center licensed under s. 394.875 or a hospital licensed under
   17  chapter 395.
   18         1.2. “Least restrictive alternative” means the treatment
   19  and conditions of treatment that, separately and in combination,
   20  are no more intrusive or restrictive of freedom than reasonably
   21  necessary to achieve a substantial therapeutic benefit or to
   22  protect the child or adolescent or others from physical injury.
   23         3. “Suitable for residential treatment” or “suitability”
   24  means a determination concerning a child or adolescent with an
   25  emotional disturbance as defined in s. 394.492(5) or a serious
   26  emotional disturbance as defined in s. 394.492(6) that each of
   27  the following criteria is met:
   28         a. The child requires residential treatment.
   29         b. The child is in need of a residential treatment program
   30  and is expected to benefit from mental or behavioral health
   31  treatment.
   32         c. An appropriate, less restrictive alternative to
   33  residential treatment is unavailable.
   34         4.“Therapeutic group home” means a residential treatment
   35  center that offers a 24-hour residential program providing
   36  community-based mental health treatment and mental health
   37  support services to children who meet the criteria in s.
   38  394.492(5) or (6) in a nonsecure, homelike setting.
   39         (b) Whenever the department believes that a child in its
   40  legal custody is emotionally disturbed and may need residential
   41  treatment, an examination and suitability assessment must be
   42  conducted by a qualified evaluator who is appointed by the
   43  department Agency for Health Care Administration. This
   44  suitability assessment must be completed before the placement of
   45  the child in a residential treatment program center for
   46  emotionally disturbed children and adolescents or a hospital.
   47         1. The qualified evaluator for placement in a residential
   48  treatment center, other than a therapeutic group home, or a
   49  hospital must be a psychiatrist or a psychologist licensed in
   50  this state Florida who has at least 3 years of experience in the
   51  diagnosis and treatment of serious emotional disturbances in
   52  children and adolescents and who has no actual or perceived
   53  conflict of interest with any inpatient facility or residential
   54  treatment center or program.
   55         2.The qualified evaluator for placement in a therapeutic
   56  group home must be a psychiatrist licensed under chapter 458 or
   57  chapter 459, a psychologist licensed under chapter 490, or a
   58  mental health counselor licensed under chapter 491 who has at
   59  least 2 years of experience in the diagnosis and treatment of
   60  serious emotional or behavioral disturbance in children and
   61  adolescents and who has no actual or perceived conflict of
   62  interest with any residential treatment center or program.
   63         (c) Consistent with the requirements of this section Before
   64  a child is admitted under this subsection, the child shall be
   65  assessed for suitability for residential treatment by a
   66  qualified evaluator who has conducted an a personal examination
   67  and assessment of the child and has made written findings that:
   68         1. The child appears to have an emotional disturbance
   69  serious enough to require treatment in a residential treatment
   70  program and is reasonably likely to benefit from the treatment.
   71         2. The child has been provided with a clinically
   72  appropriate explanation of the nature and purpose of the
   73  treatment.
   74         3. All available modalities of treatment less restrictive
   75  than residential treatment have been considered, and a less
   76  restrictive alternative that would offer comparable benefits to
   77  the child is unavailable.
   78  
   79  A copy of the written findings of the evaluation and suitability
   80  assessment must be provided to the department, to the guardian
   81  ad litem, and, if the child is a member of a Medicaid managed
   82  care plan, to the plan that is financially responsible for the
   83  child’s care in residential treatment, all of whom must be
   84  provided with the opportunity to discuss the findings with the
   85  evaluator.
   86         (d) Immediately upon placing a child in a residential
   87  treatment program under this section, the department must notify
   88  the guardian ad litem and the court having jurisdiction over the
   89  child. Within 5 days after the department’s receipt of the
   90  assessment, the department shall and must provide the guardian
   91  ad litem and the court with a copy of the assessment by the
   92  qualified evaluator.
   93         (e) Within 10 days after the admission of a child to a
   94  residential treatment program, the director of the residential
   95  treatment program or the director’s designee must ensure that an
   96  individualized plan of treatment has been prepared by the
   97  program and has been explained to the child, to the department,
   98  and to the guardian ad litem, and submitted to the department.
   99  The child must be involved in the preparation of the plan to the
  100  maximum feasible extent consistent with his or her ability to
  101  understand and participate, and the guardian ad litem and the
  102  child’s foster parents must be involved to the maximum extent
  103  consistent with the child’s treatment needs. The plan must
  104  include a preliminary plan for residential treatment and
  105  aftercare upon completion of residential treatment. The plan
  106  must include specific behavioral and emotional goals against
  107  which the success of the residential treatment may be measured.
  108  A copy of the plan must be provided to the child, to the
  109  guardian ad litem, and to the department.
  110         (f) Within 30 days after admission, the residential
  111  treatment program must review the appropriateness and
  112  suitability of the child’s placement in the program. The
  113  residential treatment program must determine whether the child
  114  is receiving benefit toward the treatment goals and whether the
  115  child could be treated in a less restrictive treatment program.
  116  The residential treatment program shall prepare a written report
  117  of its findings and submit the report to the guardian ad litem
  118  and to the department. The department must submit the report to
  119  the court. The report must include a discharge plan for the
  120  child. The residential treatment program must continue to
  121  evaluate the child’s treatment progress every 30 days thereafter
  122  and must include its findings in a written report submitted to
  123  the department. The department may not reimburse a facility
  124  until the facility has submitted every written report that is
  125  due.
  126         (g)1. The department must submit, at the beginning of each
  127  month, to the court having jurisdiction over the child, a
  128  written report regarding the child’s progress toward achieving
  129  the goals specified in the individualized plan of treatment.
  130         2. The court must conduct a hearing to review the status of
  131  the child’s residential treatment plan no later than 60 days
  132  after the child’s admission to the residential treatment
  133  program. An independent review of the child’s progress toward
  134  achieving the goals and objectives of the treatment plan must be
  135  completed by a qualified evaluator and submitted to the court
  136  before its 60-day review.
  137         3. For any child in residential treatment at the time a
  138  judicial review is held pursuant to s. 39.701, the child’s
  139  continued placement in residential treatment must be a subject
  140  of the judicial review.
  141         4. If at any time the court determines that the child is
  142  not suitable for continued residential treatment, the court
  143  shall order the department to place the child in the least
  144  restrictive setting that is best suited to meet his or her
  145  needs.
  146         (h) After the initial 60-day review, the court must conduct
  147  a review of the child’s residential treatment plan every 90
  148  days.
  149         (i) The department must adopt rules for implementing
  150  timeframes for the completion of suitability assessments by
  151  qualified evaluators and a procedure that includes timeframes
  152  for completing the 60-day independent review by the qualified
  153  evaluators of the child’s progress toward achieving the goals
  154  and objectives of the treatment plan which review must be
  155  submitted to the court. The Agency for Health Care
  156  Administration must adopt rules for the registration of
  157  qualified evaluators, the procedure for selecting the evaluators
  158  to conduct the reviews required under this section, and a
  159  reasonable, cost-efficient fee schedule for qualified
  160  evaluators.
  161         Section 2. Subsection (1) of section 63.207, Florida
  162  Statutes, is amended to read:
  163         63.207 Out-of-state placement.—
  164         (1) Unless the parent placing a minor for adoption files an
  165  affidavit that the parent chooses to place the minor outside the
  166  state, giving the reason for that placement, or the minor is to
  167  be placed with a relative or with a stepparent, or the minor is
  168  a difficult to place special needs child, as defined in s.
  169  409.166, or for other good cause shown, an adoption entity may
  170  not:
  171         (a) Take or send a minor out of the state for the purpose
  172  of placement for adoption; or
  173         (b) Place or attempt to place a minor for the purpose of
  174  adoption with a family who primarily lives and works outside
  175  Florida in another state. If an adoption entity is acting under
  176  this subsection, the adoption entity must file a petition for
  177  declaratory statement pursuant to s. 63.102 for prior approval
  178  of fees and costs. The court shall review the costs pursuant to
  179  s. 63.097. The petition for declaratory statement must be
  180  converted to a petition for an adoption upon placement of the
  181  minor in the home. When a minor is placed for adoption with
  182  prospective adoptive parents who primarily live and work outside
  183  this state, the circuit court in this state may retain
  184  jurisdiction over the matter until the adoption becomes final.
  185  The prospective adoptive parents may finalize the adoption in
  186  this state.
  187         Section 3. Subsection (1) of section 258.0142, Florida
  188  Statutes, is amended to read:
  189         258.0142 Foster and adoptive family state park fee
  190  discounts.—
  191         (1) To promote awareness of the contributions made by
  192  foster families and adoptive families to the vitality of the
  193  state, the Division of Recreation and Parks shall provide the
  194  following discounts on state park fees to persons who present
  195  written documentation satisfactory to the division which
  196  evidences their eligibility for the discounts:
  197         (a) Families operating a licensed family foster home under
  198  s. 409.175 shall receive family annual entrance passes at no
  199  charge and a 50 percent discount on base campsite fees at state
  200  parks.
  201         (b) Families who adopt a difficult to place special needs
  202  child as described in s. 409.166(2)(a)2. from the Department of
  203  Children and Families shall receive a one-time family annual
  204  entrance pass at no charge at the time of the adoption.
  205         Section 4. Paragraphs (a) and (c) of subsection (2) of
  206  section 409.166, Florida Statutes, are amended to read:
  207         409.166 Children within the child welfare system; adoption
  208  assistance program.—
  209         (2) DEFINITIONS.—As used in this section, the term:
  210         (a) “Difficult to place Special needs child” means:
  211         1. A child whose permanent custody has been awarded to the
  212  department or to a licensed child-placing agency;
  213         2. A child who has established significant emotional ties
  214  with his or her foster parents or is not likely to be adopted
  215  because he or she is:
  216         a. Eight years of age or older;
  217         b. Developmentally disabled;
  218         c. Physically or emotionally handicapped;
  219         d. A member of a racial group that is disproportionally
  220  represented among children described in subparagraph 1. Of black
  221  or racially mixed parentage; or
  222         e. A member of a sibling group of any age, provided two or
  223  more members of a sibling group remain together for purposes of
  224  adoption; and
  225         3. Except when the child is being adopted by the child’s
  226  foster parents or relative caregivers, a child for whom a
  227  reasonable but unsuccessful effort has been made to place the
  228  child without providing a maintenance subsidy.
  229         (c) “Child within the child welfare system” or “child”
  230  means a difficult to place special needs child and any other
  231  child who was removed from the child’s caregiver due to abuse or
  232  neglect and whose permanent custody has been awarded to the
  233  department or to a licensed child-placing agency.
  234         Section 5. Subsection (2) of section 409.1664, Florida
  235  Statutes, is amended to read:
  236         409.1664 Adoption benefits for qualifying adoptive
  237  employees of state agencies, veterans, and servicemembers.—
  238         (2) A qualifying adoptive employee, veteran, or
  239  servicemember who adopts a child within the child welfare system
  240  who is difficult to place as has special needs described in s.
  241  409.166(2)(a)2. is eligible to receive a lump-sum monetary
  242  benefit in the amount of $10,000 per such child, subject to
  243  applicable taxes. A qualifying adoptive employee, veteran, or
  244  servicemember who adopts a child within the child welfare system
  245  who is not difficult to place as does not have special needs
  246  described in s. 409.166(2)(a)2. is eligible to receive a lump
  247  sum monetary benefit in the amount of $5,000 per such child,
  248  subject to applicable taxes. A qualifying adoptive employee of a
  249  charter school or the Florida Virtual School may retroactively
  250  apply for the monetary benefit provided in this subsection if
  251  such employee was employed by a charter school or the Florida
  252  Virtual School when he or she adopted a child within the child
  253  welfare system pursuant to chapter 63 on or after July 1, 2015.
  254  A veteran or servicemember may apply for the monetary benefit
  255  provided in this subsection if he or she is domiciled in this
  256  state and adopts a child within the child welfare system
  257  pursuant to chapter 63 on or after July 1, 2020.
  258         (a) Benefits paid to a qualifying adoptive employee who is
  259  a part-time employee must be prorated based on the qualifying
  260  adoptive employee’s full-time equivalency at the time of
  261  applying for the benefits.
  262         (b) Monetary benefits awarded under this subsection are
  263  limited to one award per adopted child within the child welfare
  264  system.
  265         (c) The payment of a lump-sum monetary benefit for adopting
  266  a child within the child welfare system under this section is
  267  subject to a specific appropriation to the department for such
  268  purpose.
  269         Section 6. Paragraph (b) of subsection (1) of section
  270  414.045, Florida Statutes, is amended to read:
  271         414.045 Cash assistance program.—Cash assistance families
  272  include any families receiving cash assistance payments from the
  273  state program for temporary assistance for needy families as
  274  defined in federal law, whether such funds are from federal
  275  funds, state funds, or commingled federal and state funds. Cash
  276  assistance families may also include families receiving cash
  277  assistance through a program defined as a separate state
  278  program.
  279         (1) For reporting purposes, families receiving cash
  280  assistance shall be grouped into the following categories. The
  281  department may develop additional groupings in order to comply
  282  with federal reporting requirements, to comply with the data
  283  reporting needs of the state board as defined in s. 445.002, or
  284  to better inform the public of program progress.
  285         (b) Child-only cases.—Child-only cases include cases that
  286  do not have an adult or teen head of household as defined in
  287  federal law. Such cases include:
  288         1. Children in the care of caretaker relatives, if the
  289  caretaker relatives choose to have their needs excluded in the
  290  calculation of the amount of cash assistance.
  291         2. Families in the Relative Caregiver Program as provided
  292  in s. 39.5085.
  293         3. Families in which the only parent in a single-parent
  294  family or both parents in a two-parent family receive
  295  supplemental security income (SSI) benefits under Title XVI of
  296  the Social Security Act, as amended. To the extent permitted by
  297  federal law, individuals receiving SSI shall be excluded as
  298  household members in determining the amount of cash assistance,
  299  and such cases shall not be considered families containing an
  300  adult. Parents or caretaker relatives who are excluded from the
  301  cash assistance group due to receipt of SSI may choose to
  302  participate in work activities. An individual whose ability to
  303  participate in work activities is limited who volunteers to
  304  participate in work activities shall be assigned to work
  305  activities consistent with such limitations. An individual who
  306  volunteers to participate in a work activity may receive child
  307  care or support services consistent with such participation.
  308         4. Families in which the only parent in a single-parent
  309  family or both parents in a two-parent family are not eligible
  310  for cash assistance due to immigration status or other
  311  limitation of federal law. To the extent required by federal
  312  law, such cases shall not be considered families containing an
  313  adult.
  314         5. To the extent permitted by federal law and subject to
  315  appropriations, difficult to place special needs children who
  316  have been adopted pursuant to s. 409.166 and whose adopting
  317  family qualifies as a needy family under the state program for
  318  temporary assistance for needy families. Notwithstanding any
  319  provision to the contrary in s. 414.075, s. 414.085, or s.
  320  414.095, a family shall be considered a needy family if:
  321         a. The family is determined by the department to have an
  322  income below 200 percent of the federal poverty level;
  323         b. The family meets the requirements of s. 414.095(2) and
  324  (3) related to residence, citizenship, or eligible noncitizen
  325  status; and
  326         c. The family provides any information that may be
  327  necessary to meet federal reporting requirements specified under
  328  Part A of Title IV of the Social Security Act.
  329         6. Families in the Guardianship Assistance Program as
  330  provided in s. 39.6225.
  331  
  332  Families described in subparagraph 1., subparagraph 2., or
  333  subparagraph 3. may receive child care assistance or other
  334  supports or services so that the children may continue to be
  335  cared for in their own homes or in the homes of relatives. Such
  336  assistance or services may be funded from the temporary
  337  assistance for needy families block grant to the extent
  338  permitted under federal law and to the extent funds have been
  339  provided in the General Appropriations Act.
  340  
  341  ================= T I T L E  A M E N D M E N T ================
  342  And the title is amended as follows:
  343         Delete lines 2 - 19
  344  and insert:
  345         An act relating to child welfare; amending s. 39.407,
  346         F.S.; authorizing the Department of Children and
  347         Families, under certain circumstances, to place
  348         children in its custody in therapeutic group homes for
  349         residential mental health treatment without prior
  350         court approval; revising definitions; defining the
  351         term “therapeutic group home”; providing that the
  352         department, rather than the Agency for Health Care
  353         Administration, shall appoint qualified evaluators to
  354         conduct suitability assessments of certain children in
  355         the department’s custody; specifying qualifications
  356         for evaluators conducting suitability assessments for
  357         placement in a therapeutic group home; revising
  358         requirements for suitability assessments; specifying
  359         when the department must provide a copy of the
  360         assessment to the guardian ad litem and the court;
  361         deleting the authority of the department and the
  362         agency to adopt certain rules; amending ss. 63.207 and
  363         258.0142, F.S.; conforming provisions to changes made
  364         by the act; amending s. 409.166, F.S.; replacing the
  365         term “special needs child” with “difficult to place
  366         child” and revising the definition; revising the
  367         definition of the terms “child within the child
  368         welfare system” and “child”; amending ss. 409.1664 and
  369         414.045, F.S.; conforming provisions to changes made
  370         by the act; providing an effective date.