Bill Text: FL S0634 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations [S0634 Detail]
Download: Florida-2019-S0634-Introduced.html
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations [S0634 Detail]
Download: Florida-2019-S0634-Introduced.html
Florida Senate - 2019 SB 634 By Senator Rouson 19-01072A-19 2019634__ 1 A bill to be entitled 2 An act relating to child welfare; providing a short 3 title; amending s. 25.385, F.S.; requiring the Florida 4 Court Educational Council to establish certain 5 standards for instruction of circuit and county court 6 judges for dependency cases; creating s. 39.0142, 7 F.S.; requiring the Department of Children and 8 Families to notify local law enforcement agencies of 9 certain people involved in a child protective 10 investigation; authorizing a law enforcement officer 11 to call the central abuse hotline in certain 12 situations; creating s. 39.0143, F.S.; providing 13 training requirements for the recognition and 14 treatment of head trauma and brain injury in specified 15 children; amending s. 39.8296, F.S.; requiring that 16 the guardian ad litem training program include 17 training on the recognition and treatment of head 18 trauma and brain injury in specified children; 19 amending s. 402.402, F.S.; requiring certain entities 20 to provide training to certain parties on the 21 recognition and treatment of head trauma and brain 22 injury in specified children; removing obsolete 23 language; amending s. 409.906, F.S.; requiring the 24 Agency for Health Care Administration, in consultation 25 with the department, to establish a targeted case 26 management pilot project in certain judicial circuits; 27 amending s. 409.988, F.S.; authorizing lead agencies 28 to provide intensive family reunification services 29 that combine child welfare and mental health services 30 to certain families; creating s. 943.17297, F.S.; 31 requiring the Criminal Justice Standards and Training 32 Commission to incorporate training for specified 33 purposes; requiring law enforcement officers to 34 complete training on the recognition and treatment of 35 head trauma and brain injury in specified children for 36 certification or continued employment; providing an 37 effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. This act may be cited as “Jordan’s Law.” 42 Section 2. Section 25.385, Florida Statutes, is amended to 43 read: 44 25.385 Standards for instruction of circuit and county 45 court judgesin handling domestic violence cases.— 46 (1) The Florida Court Educational Council shall establish 47 standards for instruction of circuit and county court judges who 48 have responsibility for domestic violence cases, and the council 49 shall provide such instruction on a periodic and timely basis. 50(2)As used in this subsection,section:51(a)the term “domestic violence” has the meaning set forth 52 in s. 741.28. 53(b)“Family or household member” has the meaning set forth54in s. 741.28.55 (2) The Florida Court Educational Council shall establish 56 standards for instruction of circuit and county court judges who 57 have responsibility for dependency cases regarding the 58 recognition and treatment of head trauma and brain injury in a 59 child from birth to 5 years of age. The council shall provide 60 such instruction on a periodic and timely basis. 61 Section 3. Section 39.0142, Florida Statutes, is created to 62 read: 63 39.0142 Notifying law enforcement of parent or caregiver 64 names.— 65 (1) The department shall enter the name of a parent or 66 caregiver who is the subject of a child protective investigation 67 into the Florida Crime Information Center for the purpose of 68 notifying local law enforcement agencies that there is an active 69 investigation. If a law enforcement officer has contact with the 70 named parent or caregiver, the officer may notify the department 71 by calling the central abuse hotline and providing a synopsis of 72 the interaction. The central abuse hotline shall determine the 73 next appropriate action, if any. 74 (2) The department shall remove the name of the parent or 75 caregiver from the Florida Crime Information Center when there 76 is no longer an active investigation or when judicial 77 supervision has ended. 78 Section 4. Section 39.0143, Florida Statutes, is created to 79 read: 80 39.0143 Training on the recognition and treatment of head 81 trauma and brain injury.—Training on the recognition and 82 treatment of head trauma and brain injury in a child from birth 83 to 5 years of age must include, at a minimum, the prevention, 84 symptoms, risks, and treatment of head trauma or brain injuries. 85 Section 5. Paragraph (b) of subsection (2) of section 86 39.8296, Florida Statutes, is amended to read: 87 39.8296 Statewide Guardian Ad Litem Office; legislative 88 findings and intent; creation; appointment of executive 89 director; duties of office.— 90 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a 91 Statewide Guardian Ad Litem Office within the Justice 92 Administrative Commission. The Justice Administrative Commission 93 shall provide administrative support and service to the office 94 to the extent requested by the executive director within the 95 available resources of the commission. The Statewide Guardian Ad 96 Litem Office shall not be subject to control, supervision, or 97 direction by the Justice Administrative Commission in the 98 performance of its duties, but the employees of the office shall 99 be governed by the classification plan and salary and benefits 100 plan approved by the Justice Administrative Commission. 101 (b) The Statewide Guardian Ad Litem Office shall, within 102 available resources, have oversight responsibilities for and 103 provide technical assistance to all guardian ad litem and 104 attorney ad litem programs located within the judicial circuits. 105 1. The office shall identify the resources required to 106 implement methods of collecting, reporting, and tracking 107 reliable and consistent case data. 108 2. The office shall review the current guardian ad litem 109 programs in Florida and other states. 110 3. The office, in consultation with local guardian ad litem 111 offices, shall develop statewide performance measures and 112 standards. 113 4. The office shall develop a guardian ad litem training 114 program, which must include, but not be limited to, the training 115 requirements under s. 39.0143. The office shall establish a 116 curriculum committee to develop the training program specified 117 in this subparagraph. The curriculum committee shall include, 118 but not be limited to, dependency judges, directors of circuit 119 guardian ad litem programs, active certified guardians ad litem, 120 a mental health professional who specializes in the treatment of 121 children, a member of a child advocacy group, a representative 122 of the Florida Coalition Against Domestic Violence, and a social 123 worker experienced in working with victims and perpetrators of 124 child abuse. 125 5. The office shall review the various methods of funding 126 guardian ad litem programs, shall maximize the use of those 127 funding sources to the extent possible, and shall review the 128 kinds of services being provided by circuit guardian ad litem 129 programs. 130 6. The office shall determine the feasibility or 131 desirability of new concepts of organization, administration, 132 financing, or service delivery designed to preserve the civil 133 and constitutional rights and fulfill other needs of dependent 134 children. 135 7. In an effort to promote normalcy and establish trust 136 between a court-appointed volunteer guardian ad litem and a 137 child alleged to be abused, abandoned, or neglected under this 138 chapter, a guardian ad litem may transport a child. However, a 139 guardian ad litem volunteer may not be required or directed by 140 the program or a court to transport a child. 141 8. The office shall submit to the Governor, the President 142 of the Senate, the Speaker of the House of Representatives, and 143 the Chief Justice of the Supreme Court an interim report 144 describing the progress of the office in meeting the goals as 145 described in this section. The office shall submit to the 146 Governor, the President of the Senate, the Speaker of the House 147 of Representatives, and the Chief Justice of the Supreme Court a 148 proposed plan including alternatives for meeting the state’s 149 guardian ad litem and attorney ad litem needs. This plan may 150 include recommendations for less than the entire state, may 151 include a phase-in system, and shall include estimates of the 152 cost of each of the alternatives. Each year the office shall 153 provide a status report and provide further recommendations to 154 address the need for guardian ad litem services and related 155 issues. 156 Section 6. Subsections (2) and (4) of section 402.402, 157 Florida Statutes, are amended to read: 158 402.402 Child protection and child welfare personnel; 159 attorneys employed by the department.— 160 (2) SPECIALIZED TRAINING.—All child protective 161 investigators and child protective investigation supervisors 162 employed by the department or a sheriff’s office must complete 163 the following specialized training: 164 (a) Training that includes the requirements under s. 165 39.0143. 166 (b) Training that is either focused on serving a specific 167 population, including, but not limited to, medically fragile 168 children, sexually exploited children, children under 3 years of 169 age, or families with a history of domestic violence, mental 170 illness, or substance abuse, or focused on performing certain 171 aspects of child protection practice, including, but not limited 172 to, investigation techniques and analysis of family dynamics. 173The specialized training may be used to fulfill continuing174education requirements under s. 402.40(3)(e).Individualshired175before July 1, 2014, shall complete the specialized training by176June 30, 2016, and individuals hired on or after July 1, 2014,177 shall complete the specialized training required under this 178 paragraph within 2 years after hire. The specialized training 179 may be used to fulfill continuing education requirements under 180 s. 402.40(3)(e). An individual may receive specialized training 181 in multiple areas. 182 (4) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD 183 WELFARE CASES.—Attorneys hired on or after July 1, 2014, whose 184 primary responsibility is representing the department in child 185 welfare cases shall, within the first 6 months of employment, 186 receive training in all of the following: 187 (a) The dependency court process, including the attorney’s 188 role in preparing and reviewing documents prepared for 189 dependency court for accuracy and completeness.;190 (b) Preparing and presenting child welfare cases, including 191 at least 1 week shadowing an experienced children’s legal 192 services attorney preparing and presenting cases.;193 (c) Safety assessment, safety decisionmaking tools, and 194 safety plans.;195 (d) Developing information presented by investigators and 196 case managers to support decisionmaking in the best interest of 197 children.; and198 (e) The experiences and techniques of case managers and 199 investigators, including shadowing an experienced child 200 protective investigator and an experienced case manager for at 201 least 8 hours. 202 (f) The recognition and treatment of head trauma and brain 203 injury in a child from birth to 5 years of age. 204 Section 7. Subsection (24) of section 409.906, Florida 205 Statutes, is amended to read: 206 409.906 Optional Medicaid services.—Subject to specific 207 appropriations, the agency may make payments for services which 208 are optional to the state under Title XIX of the Social Security 209 Act and are furnished by Medicaid providers to recipients who 210 are determined to be eligible on the dates on which the services 211 were provided. Any optional service that is provided shall be 212 provided only when medically necessary and in accordance with 213 state and federal law. Optional services rendered by providers 214 in mobile units to Medicaid recipients may be restricted or 215 prohibited by the agency. Nothing in this section shall be 216 construed to prevent or limit the agency from adjusting fees, 217 reimbursement rates, lengths of stay, number of visits, or 218 number of services, or making any other adjustments necessary to 219 comply with the availability of moneys and any limitations or 220 directions provided for in the General Appropriations Act or 221 chapter 216. If necessary to safeguard the state’s systems of 222 providing services to elderly and disabled persons and subject 223 to the notice and review provisions of s. 216.177, the Governor 224 may direct the Agency for Health Care Administration to amend 225 the Medicaid state plan to delete the optional Medicaid service 226 known as “Intermediate Care Facilities for the Developmentally 227 Disabled.” Optional services may include: 228 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for 229 Health Care Administration, in consultation with the Department 230 of Children and Families, may establish a targeted case 231 management project in those counties identified by the 232 Department of Children and Families and for all counties with a 233 community-based child welfare project, as authorized under s. 234 409.987 which have been specifically approved by the department. 235 Beginning October 1, 2019, the Agency for Health Care 236 Administration, in consultation with the Department of Children 237 and Families, shall establish a targeted case-management pilot 238 project in the Sixth and Thirteenth Judicial Circuits. The 239 covered group of individuals who are eligible to receive 240 targeted case management include children who are eligible for 241 Medicaid; who are between the ages of birth through 21; and who 242 are under protective supervision or postplacement supervision, 243 under foster-care supervision, or in shelter care or foster 244 care. The number of individuals who are eligible to receive 245 targeted case management is limited to the number for whom the 246 Department of Children and Families has matching funds to cover 247 the costs. The general revenue funds required to match the funds 248 for services provided by the community-based child welfare 249 projects are limited to funds available for services described 250 under s. 409.990. The Department of Children and Families may 251 transfer the general revenue matching funds as billed by the 252 Agency for Health Care Administration. 253 Section 8. Paragraph (f) of subsection (1) and subsection 254 (3) of section 409.988, Florida Statutes, are amended to read: 255 409.988 Lead agency duties; general provisions.— 256 (1) DUTIES.—A lead agency: 257 (f) Shall ensure that all individuals providing care for 258 dependent children receive appropriate training and meet the 259 minimum employment standards established by the department. 260 Appropriate training must include, but is not limited to, the 261 training requirements under s. 39.0143 on the recognition and 262 treatment of head trauma and brain injury in a child from birth 263 to 5 years of age. 264 (3) SERVICES.—A lead agency must provide dependent children 265 with services that are supported by research or that are 266 recognized as best practices in the child welfare field. The 267 agency shall give priority to the use of services that are 268 evidence-based and trauma-informed and may also provide other 269 innovative services, including, but not limited to, family 270 centered and cognitive-behavioral interventions designed to 271 mitigate out-of-home placements and intensive family 272 reunification services that combine child welfare and mental 273 health services for families with dependent children up to 5 274 years of age. 275 Section 9. Section 943.17297, Florida Statutes, is created 276 to read: 277 943.17297 Basic skills training in the recognition and 278 treatment of head trauma and brain injury.—The commission shall 279 establish standards, including, but not limited to, the training 280 requirements under s. 39.0143, for the instruction of law 281 enforcement officers in the subject of recognition and treatment 282 of head trauma and brain injury in a child from birth to 5 years 283 of age to aid an officer in the detection of head trauma and 284 brain injury due to child abuse. Each law enforcement officer 285 must successfully complete the training as part of the basic 286 recruit training required for a law enforcement officer to 287 obtain initial certification or as a part of continuing training 288 or education required under s. 943.135(1). 289 Section 10. This act shall take effect July 1, 2019.