Bill Text: FL S1326 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child Welfare
Spectrum:
Status: (Passed) 2020-07-01 - Chapter No. 2020-152 [S1326 Detail]
Download: Florida-2020-S1326-Introduced.html
Bill Title: Child Welfare
Spectrum:
Status: (Passed) 2020-07-01 - Chapter No. 2020-152 [S1326 Detail]
Download: Florida-2020-S1326-Introduced.html
Florida Senate - 2020 SB 1326 By Senator Simpson 10-01854-20 20201326__ 1 A bill to be entitled 2 An act relating to the Department of Children and 3 Families; providing a short title; amending s. 20.19, 4 F.S.; providing for the creation of the Office of 5 Quality Assurance and Improvement in the Department of 6 Children and Families; requiring the Secretary of 7 Children and Families to appoint a chief quality 8 officer; providing duties of the chief quality 9 officer; creating s. 39.0012, F.S.; providing 10 legislative intent; requiring the department to 11 annually report certain information to the Governor 12 and the Legislature by a specified date; requiring the 13 department to publish such report on its website; 14 providing requirements for such report; amending s. 15 39.01, F.S.; defining terms; amending s. 39.201, F.S.; 16 extending the timeframe within which a protective 17 investigation is required to be commenced in certain 18 circumstances; specifying factors to be considered 19 when determining when to commence a protective 20 investigation; authorizing certain reports to the 21 central abuse hotline to be referred for precrisis 22 preventive services; amending s. 39.301, F.S.; 23 requiring notification of certain staff of certain 24 reports to the central abuse hotline; requiring 25 detailed documentation for preventive services; 26 requiring the department to incorporate into its 27 quality assurance program the monitoring of reports 28 that receive preventive services; providing that 29 onsite investigation visits must be unannounced unless 30 a certain finding is made; requiring that contacts 31 made involving preventive services be announced unless 32 there is no reasonable means to do so; amending s. 33 39.3065, F.S.; providing legislative intent; requiring 34 certain sheriffs to adopt Florida’s Child Welfare 35 Practice Model and operate under certain provisions of 36 law; requiring the department and sheriffs to 37 collaborate and conduct program performance 38 evaluations; requiring the department and sheriffs, or 39 their designees, to meet at least quarterly for a 40 specified purpose; providing that program performance 41 evaluations be based on criteria developed by the 42 department; requiring such evaluations to be 43 standardized using a random sample of cases; revising 44 the date by which the department is required to submit 45 an annual report to the Governor and the Legislature; 46 requiring certain sheriffs to annually submit to the 47 department a prevention plan; providing requirements 48 for such prevention plans; authorizing the secretary 49 of the department to offer resources to sheriffs for 50 certain purposes; amending s. 394.67, F.S.; defining 51 the term “performance standards and metrics”; amending 52 s. 394.9082, F.S.; providing legislative intent; 53 requiring the department to annually provide a report 54 containing certain information to the Governor and the 55 Legislature by a specified date; requiring the 56 department to publish such report on its website; 57 providing requirements for such report; requiring the 58 department to grade each managing entity based on 59 specified criteria; requiring the department to renew 60 contracts with managing entities that receive a 61 specified grade; requiring the department to develop a 62 system of support and improvement strategies for 63 certain managing entities; authorizing the department 64 to provide assistance to certain managing entities; 65 requiring the department to take certain actions in 66 response to managing entities that receive a grade of 67 “D” or “F”; authorizing the department to 68 competitively procure and contract under certain 69 circumstances; authorizing the secretary of the 70 department to direct resources to managing entities 71 for certain purposes and to terminate contracts with 72 certain entities; requiring managing entities to pay 73 certain fines incurred by the department; requiring 74 managing entities to retain responsibility for any 75 failures of compliance if the managing entity 76 subcontracts its duties or services; requiring the 77 department to conduct program performance evaluations 78 of managing entities at least annually; requiring 79 managing entities to allow the department access to 80 make onsite visits to contracted providers; requiring 81 the department to adopt rules; deleting provisions 82 relating to a requirement for the department to 83 establish performance standards for managing entities; 84 amending s. 409.986, F.S.; defining terms; amending s. 85 409.991, F.S.; providing legislative findings and 86 intent; defining terms; providing for the calculation 87 of the allocation of core plus funds; prohibiting the 88 department from reducing or redistributing the 89 allocation budget for certain lead agencies before the 90 2023-2024 fiscal year; providing for funding of lead 91 agencies; providing for the distribution of additional 92 funding to lead agencies; amending s. 409.996, F.S.; 93 revising requirements for contracts entered into by 94 the department with lead agencies; requiring the 95 department to provide grades for lead agencies based 96 on specified criteria; requiring the department to 97 renew contracts with lead agencies that receive a 98 specified grade; requiring the department to develop a 99 system of support and improvement strategies for 100 certain lead agencies; authorizing the department to 101 provide assistance to certain lead agencies; requiring 102 the department to take certain actions in response to 103 lead agencies that receive a grade of “D” or “F”; 104 authorizing the department to competitively procure 105 and contract under certain circumstances; authorizing 106 the secretary of the department to offer resources to 107 lead agencies for certain purposes and to terminate 108 contracts with certain entities; requiring lead 109 agencies to pay certain fines incurred by the 110 department; requiring lead agencies to retain 111 responsibility for any failures of compliance if the 112 lead agency subcontracts its duties or services; 113 requiring the department to adopt rules; requiring 114 attorneys contracted by the department to adopt 115 Florida’s Child Welfare Practice Model and to operate 116 in accordance with specified provisions of law; 117 requiring the department and contracted attorneys to 118 collaborate and conduct program performance 119 evaluations; requiring the department and attorneys or 120 their designees to meet at least quarterly for a 121 specified purpose; providing requirements for annual 122 program performance evaluations; requiring the 123 department to annually submit a report containing 124 certain information to the Governor and the 125 Legislature by a specified date; authorizing the 126 secretary of the department to offer resources to 127 contracted attorneys for certain purposes; amending s. 128 409.997, F.S.; requiring certain data to be provided 129 to the Office of Quality Assurance and Improvement; 130 requiring the department to conduct certain 131 evaluations of lead agencies at least annually; 132 requiring lead agencies to allow the department access 133 to make onsite visits to contracted providers; 134 amending ss. 39.202, 39.502, 39.521, 39.6011, 39.6012, 135 39.701, 39.823, 322.09, 393.065, 394.495, 394.674, 136 409.987, 409.988, 627.746, 934.255, and 960.065, F.S.; 137 conforming cross-references; reenacting and amending 138 s. 39.302(1), F.S., relating to protective 139 investigations of institutional child abuse, 140 abandonment, or neglect, to incorporate the amendments 141 made to s. 39.201, F.S.; reenacting ss. 409.988(1)(b) 142 and 409.996(1)(a), F.S., relating to lead agency 143 duties and duties of the department, respectively, to 144 incorporate the amendment made to s. 409.997, F.S., in 145 references thereto; providing an effective date. 146 147 Be It Enacted by the Legislature of the State of Florida: 148 149 Section 1. This act may be cited as the “DCF Accountability 150 Act.” 151 Section 2. Present subsections (5) and (6) of section 152 20.19, Florida Statutes, are redesignated as subsections (6) and 153 (7), respectively, and a new subsection (5) is added to that 154 section, to read: 155 20.19 Department of Children and Families.—There is created 156 a Department of Children and Families. 157 (5) There is created in the department an Office of Quality 158 Assurance and Improvement. 159 (a) The secretary shall appoint a chief quality officer to 160 lead the office and ensure that the department and its service 161 providers meet the highest level of performance standards. The 162 chief quality officer shall serve at the pleasure of the 163 secretary. 164 (b) The chief quality officer shall: 165 1. Analyze and monitor the development and implementation 166 of federal and state laws, rules, and regulations and other 167 governmental policies and actions that pertain to persons being 168 served by the department. 169 2. Develop and implement performance standards and metrics 170 for determining the department’s compliance with federal and 171 state laws, rules, and regulations and other governmental 172 policies and actions. 173 3. Strengthen the department’s data and analytic 174 capabilities to identify systemic strengths and deficiencies. 175 4. Identify performance standards and metrics for the 176 department and all other service providers, including, but not 177 limited to, law enforcement agencies, managing entities, lead 178 agencies, and attorney services. 179 5. Recommend unique and varied initiatives to correct 180 programmatic and systemic deficiencies. 181 6. Collaborate and engage partners of the department to 182 improve quality, efficiency, and effectiveness. 183 7. Report any persistent failure by the department to meet 184 performance standards and recommend to the secretary corrective 185 courses prescribed by statute. 186 8. Prepare an annual report of all contractual performance 187 metrics, including the most current status of such metrics, to 188 the secretary. 189 Section 3. Section 39.0012, Florida Statutes, is created to 190 read: 191 39.0012 Child welfare accountability.— 192 (1) It is the intent of the Legislature that: 193 (a) Florida’s child welfare system be held accountable for 194 providing exemplary services in a manner that is transparent and 195 that inspires public confidence in the Department of Children 196 and Families. 197 (b) The department be held accountable to the Governor and 198 the Legislature for carrying out the purposes of, and the 199 responsibilities established in, this chapter. It is further the 200 intent of the Legislature that the department only contract with 201 entities that carry out the purposes of, and the 202 responsibilities established in, this chapter. 203 (c) The department, other agencies, the courts, law 204 enforcement agencies, local communities, and other contracted 205 child welfare service providers are all held accountable to the 206 highest standards. 207 (d) While the department has been directed to delegate the 208 duties of child welfare to other entities, law enforcement 209 agencies, local communities, and other contracted child welfare 210 service providers, the department retains direct responsibility 211 for quality assurance. 212 (e) The department, in consultation with child welfare 213 service providers, establish overall performance levels and 214 metrics for any entity that the department contracts with to 215 provide child welfare services. 216 (f) The department acts to offer increasing levels of 217 support for child welfare service providers with performance 218 deficiencies. However, the department may not continue to 219 contract with child welfare service providers that persistently 220 fail to meet performance standards and metrics for three or more 221 consecutive annual performance reviews. 222 (2) By November 1 of each year, the department shall report 223 on all performance levels and contractual performance metrics, 224 including the most current status of such levels and metrics, to 225 the Governor, the President of the Senate, and the Speaker of 226 the House of Representatives. The department must annually 227 publish the report on its website. The report must contain the 228 following information: 229 (a) Performance metrics for the entire child welfare 230 system, including grades for the lead agencies. 231 (b) Performance metrics by region and type of child welfare 232 service provider, including performance levels. 233 (c) A list of the child welfare service providers not in 234 compliance with performance metrics. 235 (d) Detailed corrective action taken, if any, to bring 236 child welfare service providers back into compliance with 237 performance metrics. 238 Section 4. Present subsections (10) through (12), (13) 239 through (29), (30) through (58), and (59) through (87) of 240 section 39.01, Florida Statutes, are redesignated as subsections 241 (11) through (13), (15) through (31), (33) through (61), and 242 (63) through (91), respectively, new subsections (10), (14), 243 (32), and (62) are added to that section, and present 244 subsections (10) and (37) of that section are amended, to read: 245 39.01 Definitions.—When used in this chapter, unless the 246 context otherwise requires: 247 (10) “Best practices” means a method or program that has 248 been recognized by the department and has been found to be 249 successful for compliance with performance standards and 250 metrics. 251 (11)(10)“Caregiver” means the parent, legal custodian, 252 permanent guardian, adult household member, or other person 253 responsible for a child’s welfare as defined in subsection (57) 254(54). 255 (14) “Child welfare service provider” means county and 256 municipal governments and agencies, public and private agencies, 257 and private individuals and entities with which the department 258 has a contract or agreement to carry out the purposes of, and 259 responsibilities established in, this chapter. 260 (32) “Florida’s Child Welfare Practice Model” means the 261 methodology developed by the department, based on child welfare 262 statutes and rules, to ensure the permanency, safety, and well 263 being of children. 264 (40)(37)“Institutional child abuse or neglect” means 265 situations of known or suspected child abuse or neglect in which 266 the person allegedly perpetrating the child abuse or neglect is 267 an employee of a public or private school, public or private day 268 care center, residential home, institution, facility, or agency 269 or any other person at such institution responsible for the 270 child’s welfare as defined in subsection (57)(54). 271 (62) “Performance standards and metrics” means quantifiable 272 measures used to track and assess performance, as determined by 273 the department. 274 Section 5. Subsection (5) of section 39.201, Florida 275 Statutes, is amended to read: 276 39.201 Mandatory reports of child abuse, abandonment, or 277 neglect; mandatory reports of death; central abuse hotline.— 278 (5) The department shall be capable of receiving and 279 investigating, 24 hours a day, 7 days a week, reports of known 280 or suspected child abuse, abandonment, or neglect and reports 281 that a child is in need of supervision and care and has no 282 parent, legal custodian, or responsible adult relative 283 immediately known and available to provide supervision and care. 284 (a) If it appears that the immediate safety or well-being 285 of a child is endangered, that the family may flee or the child 286 will be unavailable for purposes of conducting a child 287 protective investigation, or that the facts otherwise so 288 warrant, the department shall commence an investigation 289 immediately, regardless of the time of day or night. 290 (b) In all other child abuse, abandonment, or neglect 291 cases, a child protective investigation shall be commenced 292 within either 24 or 72 hours after receipt of the report, 293 depending upon the severity of the alleged abuse, abandonment, 294 or neglect and assessed risk to the child. 295 1. Factors to be considered in the assessed severity and 296 risk to the child include, but are not limited to: 297 a. Whether the alleged abuse, abandonment, or neglect 298 incident is alleged to have occurred more than 30 days prior to 299 the reporter’s contact with the central abuse hotline. 300 b. Whether there is credible information to support a 301 finding that the alleged perpetrator will not have access to the 302 alleged child victim for at least 72 hours following the 303 reporter’s contact with the central abuse hotline. 304 c. Whether the alleged child victim no longer resides at or 305 attends the facility where the abuse, abandonment, or neglect is 306 alleged to have occurred. 307 2. A child protective investigation must be commenced 308 within 24 hours if the incident involves any of the following: 309 a. Sexual abuse allegations. 310 b. Human trafficking allegations. 311 c. The alleged victim is under 1 year of age. 312 (c) For reports that do not meet the statutory criteria for 313 abuse, abandonment, or neglect, but the circumstances 314 surrounding a family are precrisis in nature, the department may 315 contact and attempt to engage the family in preventive services 316 to prevent the need for more intrusive interventions in the 317 future. 318 (d) In an institutional investigation, the alleged 319 perpetrator may be represented by an attorney, at his or her own 320 expense, or accompanied by another person, if the person or the 321 attorney executes an affidavit of understanding with the 322 department and agrees to comply with the confidentiality 323 provisions of s. 39.202. The absence of an attorney or other 324 person does not prevent the department from proceeding with 325 other aspects of the investigation, including interviews with 326 other persons. In institutional child abuse cases when the 327 institution is not operating and the child cannot otherwise be 328 located, the investigation shall commence immediately upon the 329 resumption of operation. If requested by a state attorney or 330 local law enforcement agency, the department shall furnish all 331 investigative reports to that agency. 332 Section 6. Present subsections (14) through (23) of section 333 39.301, Florida Statutes, are redesignated as subsections (15) 334 through (24), respectively, a new subsection (14) is added to 335 that section, and subsections (1), (10), (11), and (13) of that 336 section are amended, to read: 337 39.301 Initiation of protective investigations.— 338 (1) Upon receiving a report of known or suspected child 339 abuse, abandonment, or neglect, or that a child is in need of 340 supervision and care and has no parent, legal custodian, or 341 responsible adult relative immediately known and available to 342 provide supervision and care, the central abuse hotline shall 343 determine if the report requires an immediate onsite protective 344 investigation. For reports requiring an immediate onsite 345 protective investigation, the central abuse hotline shall 346 immediately notify the department’s designated regionaldistrict347 staff responsible for protective investigations to ensure that 348 an onsite investigation is promptly initiated. For reports not 349 requiring an immediate onsite protective investigation, the 350 central abuse hotline shall determine whether the report meets 351 criteria for a 24- or 72-hour investigation, or preventive 352 services, and notify the department’s designated regional 353districtstaff responsible for protective investigations in 354 sufficient time to allow for an investigation. At the time of 355 notification, the central abuse hotline shall also provide 356 information to regionaldistrictstaff on any previous report 357 concerning a subject of the present report or any pertinent 358 information relative to the present report or any noted earlier 359 reports. 360 (10)(a) The department’s training program for staff 361 responsible for responding to reports accepted by the central 362 abuse hotline must also ensure that child protective responders: 363 1. Know how to fully inform parents or legal custodians of 364 their rights and options, including opportunities for audio or 365 video recording of child protective responder interviews with 366 parents or legal custodians or children. 367 2. Know how and when to use the injunction process under s. 368 39.504 or s. 741.30 to remove a perpetrator of domestic violence 369 from the home as an intervention to protect the child. 370 3. Know how to explain to the parent, legal custodian, or 371 person who is alleged to have caused the abuse, neglect, or 372 abandonment the results of the investigation and to provide 373 information about his or her right to access confidential 374 reports in accordance with s. 39.202, prior to closing the case. 375 (b) To enhance the skills of individual staff members and 376 to improve the region’sand district’soverall child protection 377 system, the department’s training program at the regional level 378and district levelsmust include results of qualitative reviews 379 of child protective investigation cases handled within the 380 regionor districtin order to identify weaknesses as well as 381 examples of effective interventions which occurred at each point 382 in the case. 383 (c) For all reports received, detailed documentation is 384 required for the investigative activities or preventive 385 services. 386 (11) The department shall incorporate into its quality 387 assurance program the monitoring of reports that receive a child 388 protective investigation or preventive services to determine the 389 quality and timeliness of safety assessments, engagements with 390 families, teamwork with other experts and professionals, and 391 appropriate investigative activities or preventive services that 392 are uniquely tailored to the safety factors and service needs 393 associated with each child and family. 394 (13) Onsite investigation visits and face-to-face 395 interviews with the child or family shall be unannounced unless 396 it is determined by the department or its agent or contract 397 provider that such unannounced visit would threaten the safety 398 of the child. 399 (14) Any contact with the child or family involving 400 preventive services must be announced unless the department or 401 its agent has no means to schedule a visit with the parent or 402 caregiver. 403 Section 7. Section 39.3065, Florida Statutes, is amended to 404 read: 405 39.3065 Sheriffs of certain counties to provide child 406 protective investigative services; procedures; funding.— 407 (1) It is the intent of the Legislature that each sheriff 408 providing child protective investigative services under this 409 section, in consultation with the Department of Children and 410 Families, adopt Florida’s Child Welfare Practice Model and 411 implement a prevention plan for his or her county. 412 (2) As described in this section, the Department of 413 Children and Families shall, by the end of fiscal year 1999 414 2000, transfer all responsibility for child protective 415 investigations for Pinellas County, Manatee County, Broward 416 County, and Pasco County to the sheriff of that county in which 417 the child abuse, neglect, or abandonment is alleged to have 418 occurred. Each sheriff is responsible for the provision of all 419 child protective investigations in his or her county. Each 420 individual who provides these services must complete the 421 training provided to and required of protective investigators 422 employed by the Department of Children and Families. 423 (3)(2)During fiscal year 1998-1999, the Department of 424 Children and Families and each sheriff’s office shall enter into 425 a contract for the provision of these services. Funding for the 426 services will be appropriated to the Department of Children and 427 Families, and the department shall transfer to the respective 428 sheriffs for the duration of fiscal year 1998-1999, funding for 429 the investigative responsibilities assumed by the sheriffs, 430 including federal funds that the provider is eligible for and 431 agrees to earn and that portion of general revenue funds which 432 is currently associated with the services that are being 433 furnished under contract, and including, but not limited to, 434 funding for all investigative, supervisory, and clerical 435 positions; training; all associated equipment; furnishings; and 436 other fixed capital items. The contract must specify whether the 437 department will continue to perform part or none of the child 438 protective investigations during the initial year. The sheriffs 439 may either conduct the investigations themselves or may, in 440 turn, subcontract with law enforcement officials or with 441 properly trained employees of private agencies to conduct 442 investigations related to neglect cases only. If such a 443 subcontract is awarded, the sheriff must take full 444 responsibility for any safety decision made by the subcontractor 445 and must immediately respond with law enforcement staff to any 446 situation that requires removal of a child due to a condition 447 that poses an immediate threat to the child’s life. The contract 448 must specify whether the services are to be performed by 449 departmental employees or by persons determined by the sheriff. 450 During this initial year, the department is responsible for 451 quality assurance, and the department retains the responsibility 452 for the performance of all child protective investigations. The 453 department must identify any barriers to transferring the entire 454 responsibility for child protective services to the sheriffs’ 455 offices and must pursue avenues for removing any such barriers 456 by means including, but not limited to, applying for federal 457 waivers. By January 15, 1999, the department shall submit to the 458 President of the Senate, the Speaker of the House of 459 Representatives, and the chairs of the Senate and House 460 committees that oversee departmental activities a report that 461 describes any remaining barriers, including any that pertain to 462 funding and related administrative issues. Unless the 463 Legislature, on the basis of that report or other pertinent 464 information, acts to block a transfer of the entire 465 responsibility for child protective investigations to the 466 sheriffs’ offices, the sheriffs of Pasco County, Manatee County, 467 Broward County, and Pinellas County, beginning in fiscal year 468 1999-2000, shall assume the entire responsibility for such 469 services, as provided in subsection (4)(3). 470 (4)(3)(a) Beginning in fiscal year 1999-2000, the sheriffs 471 of Pasco County, Manatee County, Broward County, and Pinellas 472 County have the responsibility to provide all child protective 473 investigations in their respective counties. Beginning in fiscal 474 year 2000-2001, the Department of Children and Families is 475 authorized to enter into grant agreements with sheriffs of other 476 counties to perform child protective investigations in their 477 respective counties. 478 (b) The sheriffs shall adopt Florida’s Child Welfare 479 Practice Model and operate in accordance with the same federal 480 performance standards and metrics regarding child welfare and 481 protective investigations imposed onoperate, at a minimum, in482accordance with the performance standards andoutcome measures483established by the Legislature for protective investigations484conducted bythe Department of Children and Families. Each 485 individual who provides these services must complete, at a 486 minimum, the training provided to and required of protective 487 investigators employed by the Department of Children and 488 Families. 489 (c) Funds for providing child protective investigations 490 must be identified in the annual appropriation made to the 491 Department of Children and Families, which shall award grants 492 for the full amount identified to the respective sheriffs’ 493 offices. Notwithstandingthe provisions ofss. 216.181(16)(b) 494 and 216.351, the Department of Children and Families may advance 495 payments to the sheriffs for child protective investigations. 496 Funds for the child protective investigations may not be 497 integrated into the sheriffs’ regular budgets. Budgetary data 498 and other data relating to the performance of child protective 499 investigations must be maintained separately from all other 500 records of the sheriffs’ offices and reported to the Department 501 of Children and Families as specified in the grant agreement. 502 (d) The Department of Children and Families and each 503 sheriff shall collaborate and conduct program performance 504 evaluations on an ongoing basis. The department and each sheriff 505 or their designees shall meet at least quarterly to collaborate 506 on federal and state quality assurance and continuous quality 507 improvement initiatives. 508 (e)(d)The annual program performance evaluation shall be 509 based on criteria developed bymutually agreed upon by the510respective sheriffs andthe Department of Children and Families 511 for use with all child protective investigators statewide. The 512 program performance evaluation shall be conducted by a team of 513 peer reviewers from the respective sheriffs’ offices that 514 perform child protective investigations and representatives from 515 the department. The program performance evaluation shall be 516 standardized using a random sample of cases selected by the 517 department. The Department of Children and Families shall submit 518 an annual report regarding quality performance, outcome-measure 519 attainment, and cost efficiency to the President of the Senate, 520 the Speaker of the House of Representatives, andtothe Governor 521 no later than November 1January 31of each year the sheriffs 522 are receiving general appropriations to provide child protective 523 investigations. 524 (f) By June 30 of each year, each sheriff shall submit to 525 the department for approval a prevention plan that details his 526 or her approach to prevention within his or her community. The 527 plan must include provisions for engaging prevention services at 528 the earliest point practicable and for using community 529 resources. 530 (g) At any time, the secretary may offer resources to 531 sheriffs to address any performance deficiencies that directly 532 impact the safety of children in this state. 533 Section 8. Present subsections (17) through (24) of section 534 394.67, Florida Statutes, are redesignated as subsections (18) 535 through (25), respectively, a new subsection (17) is added to 536 that section, and subsection (3) of that section is amended, to 537 read: 538 394.67 Definitions.—As used in this part, the term: 539 (3) “Crisis services” means short-term evaluation, 540 stabilization, and brief intervention services provided to a 541 person who is experiencing an acute mental or emotional crisis, 542 as defined in subsection (18)(17), or an acute substance abuse 543 crisis, as defined in subsection (19)(18), to prevent further 544 deterioration of the person’s mental health. Crisis services are 545 provided in settings such as a crisis stabilization unit, an 546 inpatient unit, a short-term residential treatment program, a 547 detoxification facility, or an addictions receiving facility; at 548 the site of the crisis by a mobile crisis response team; or at a 549 hospital on an outpatient basis. 550 (17) “Performance standards and metrics” means quantifiable 551 measures used to track and assess performance, as determined by 552 the department. 553 Section 9. Subsections (1) and (7) of section 394.9082, 554 Florida Statutes, are amended, and paragraph (m) is added to 555 subsection (3) of that section, to read: 556 394.9082 Behavioral health managing entities.— 557 (1) INTENT AND PURPOSE.— 558 (a) The Legislature finds that untreated behavioral health 559 disorders constitute major health problems for residents of this 560 state, are a major economic burden to the citizens of this 561 state, and substantially increase demands on the state’s 562 juvenile and adult criminal justice systems, the child welfare 563 system, and health care systems. The Legislature finds that 564 behavioral health disorders respond to appropriate treatment, 565 rehabilitation, and supportive intervention. The Legislature 566 finds that local communities have also made substantial 567 investments in behavioral health services, contracting with 568 safety net providers who by mandate and mission provide 569 specialized services to vulnerable and hard-to-serve populations 570 and have strong ties to local public health and public safety 571 agencies. The Legislature finds that a regional management 572 structure that facilitates a comprehensive and cohesive system 573 of coordinated care for behavioral health treatment and 574 prevention services will improve access to care, promote service 575 continuity, and provide for more efficient and effective 576 delivery of substance abuse and mental health services. It is 577 the intent of the Legislature that managing entities work to 578 create linkages among various services and systems, including 579 juvenile justice and adult criminal justice, child welfare, 580 housing services, homeless systems of care, and health care. 581 (b) The purpose of the behavioral health managing entities 582 is to plan, coordinate, and contract for the delivery of 583 community mental health and substance abuse services, to improve 584 access to care, to promote service continuity, to purchase 585 services, and to support efficient and effective delivery of 586 services. 587 (c) It is the further intent of the Legislature that: 588 1. The department only contract with managing entities that 589 carry out the purposes of, and the responsibilities established 590 in, this chapter. 591 2. The department and the contracted managing entities are 592 all held accountable to the highest standards. While the 593 department may delegate the duties of specific services to 594 managing entities, the department retains responsibility for 595 quality assurance. 596 3. The department, in consultation with the contracted 597 managing entities, establish overall performance levels and 598 metrics for the services provided by the managing entities. The 599 performance standards set by the department for the contracted 600 managing entities must, at a minimum, address the tasks 601 contained in the managing entity’s contract with the department. 602 4. The department offers increasing levels of support for 603 managing entities with performance deficiencies. However, the 604 department may not continue to contract with managing entities 605 that consistently fail to meet performance standards and metrics 606 for three or more consecutive annual performance reviews. 607 (3) DEPARTMENT DUTIES.—The department shall: 608 (m) By November 1 of each year, provide a report on all 609 performance levels and contractual performance metrics, and the 610 most current status of such levels and metrics, to the Governor, 611 the President of the Senate, and the Speaker of the House of 612 Representatives. The department must annually publish the report 613 on its website. The report must contain the following 614 information: 615 1. Performance metrics, including grades, for the managing 616 entities. 617 2. Performance metrics by region and type of managing 618 entity, including performance levels. 619 3. A list of the managing entities not in compliance with 620 performance metrics. 621 4. Detailed corrective action taken, if any, to bring 622 managing entities back into compliance with performance metrics. 623 (7) PERFORMANCE MEASUREMENT AND ACCOUNTABILITY.—Managing 624 entities shall collect and submit data to the department 625 regarding persons served, outcomes of persons served, costs of 626 services provided through the department’s contract, and other 627 data as required by the department. The department shall 628 evaluate managing entity performance and the overall progress 629 made by the managing entity. 630 (a) The department shall provide a grade to each managing 631 entity based on the department’s annual review of the entity’s 632 compliance with performance standards and metrics. 633 (b) A managing entity’s performance shall be graded based 634 on a weighted score of the entity’s compliance with performance 635 standards and metrics using one of the following grades: 636 1. “A,” managing entities with a weighted score of 4.0 or 637 higher. 638 2. “B,” managing entities with a weighted score of 3.0 to 639 3.99. 640 3. “C,” managing entities with a weighted score of 2.0 to 641 2.99. 642 4. “D,” managing entities with a weighted score of 1.0 to 643 1.99. 644 5. “F,” managing entities with a weighted score of less 645 than 1.0. 646 (c) If the current contract has a renewal option, the 647 department shall renew the contract of a managing entity that 648 has received an “A” grade for the 2 years immediately preceding 649 the renewal date of the contract. 650 (d) The department shall develop a multitiered system of 651 support and improvement strategies designed to address low 652 performance of managing entities. 653 (e) The department may provide assistance to any managing 654 entity for the purpose of meeting performance standards and 655 metrics. Assistance may include, but is not limited to, 656 recommendations for best practices and implementation of a 657 corrective action plan. 658 (f) The department shall provide assistance to a managing 659 entity that receives a “C” grade or lower on its annual review 660 until it has improved to at least a “B” grade. 661 (g) For any managing entity that has received a grade of 662 “D” or “F,” the department shall take immediate action to engage 663 stakeholders in a needs assessment to develop a turnaround 664 option plan. The turnaround option plan may include, but is not 665 limited to, the implementation of corrective actions and best 666 practices designed to improve performance. The department must 667 review and approve the plan before implementation by the 668 managing entity. 669 (h) Upon a managing entity’s receipt of a third consecutive 670 “D” grade or lower, the department shall initiate proceedings to 671 terminate any contract with the managing entity. 672 (i) If cancellation of a contract with a managing entity 673 occurs in a manner that threatens a lapse in services, the 674 department may procure and contract pursuant to s. 675 287.057(3)(a). 676 (j) At any time, the secretary may offer resources to a 677 managing entity to address any deficiencies in meeting 678 performance standards and metrics which directly impact the 679 safety of persons receiving services from the managing entity. 680 (k) Notwithstanding paragraphs (d) through (j), the 681 secretary, at his or her discretion, may terminate a contract 682 with a managing entity that has received an “F” grade or upon 683 the occurrence of an egregious act or omission by the managing 684 entity or its subcontractor. 685 (l) The managing entity shall pay any federal fines 686 incurred by the department as the result of that managing 687 entity’s failure to comply with the performance standards and 688 metrics. 689 (m) If the managing entity subcontracts any of its duties 690 or services, the managing entity shall retain responsibility for 691 its failure to comply with performance standards and metrics. 692 (n) The department shall conduct an onsite program 693 performance evaluation of each managing entity at least once per 694 year. Each managing entity must allow the department access to 695 make onsite visits at its discretion to any contracted provider. 696 The onsite evaluation shall consist of a review of a random 697 sample of cases selected by the department. 698 (o) The department shall adopt rules to administer this 699 section, together with other systems, in meeting the700community’s behavioral health needs, based on consumer-centered701outcome measures that reflect national standards, if possible,702that can be accurately measured.The department shall work with703managing entities to establish performance standards, including,704but not limited to:705(a) The extent to which individuals in the community706receive services, including, but not limited to, parents or707caregivers involved in the child welfare system who need708behavioral health services.709(b) The improvement in the overall behavioral health of a710community.711(c) The improvement in functioning or progress in the712recovery of individuals served by the managing entity, as713determined using person-centered measures tailored to the714population.715(d) The success of strategies to:7161. Divert admissions from acute levels of care, jails,717prisons, and forensic facilities as measured by, at a minimum,718the total number and percentage of clients who, during a719specified period, experience multiple admissions to acute levels720of care, jails, prisons, or forensic facilities;7212. Integrate behavioral health services with the child722welfare system; and7233. Address the housing needs of individuals being released724from public receiving facilities who are homeless.725(e) Consumer and family satisfaction.726(f) The level of engagement of key community727constituencies, such as law enforcement agencies, community728based care lead agencies, juvenile justice agencies, the courts,729school districts, local government entities, hospitals, and730other organizations, as appropriate, for the geographical731service area of the managing entity.732 Section 10. Subsection (3) of section 409.986, Florida 733 Statutes, is amended to read: 734 409.986 Legislative findings and intent; child protection 735 and child welfare outcomes; definitions.— 736 (3) DEFINITIONS.—As used in this part, except as otherwise 737 provided, the term: 738 (a) “Best practices” means a method or program that has 739 been recognized by the department and has been found to be 740 successful for ensuring compliance with performance standards 741 and metrics. 742 (b)(a)“Care” means services of any kind which are designed 743 to facilitate a child remaining safely in his or her own home, 744 returning safely to his or her own home if he or she is removed 745 from the home, or obtaining an alternative permanent home if he 746 or she cannot remain at home or be returned home. The term 747 includes, but is not limited to, prevention, diversion, and 748 related services. 749 (c)(b)“Child” or “children” has the same meaning as 750 provided in s. 39.01. 751 (d)(c)“Community alliance” or “alliance” means the group 752 of stakeholders, community leaders, client representatives, and 753 funders of human services established pursuant to s. 20.19(6)s.75420.19(5)to provide a focal point for community participation 755 and oversight of community-based services. 756 (e)(d)“Community-based care lead agency” or “lead agency” 757 means a single entity with which the department has a contract 758 for the provision of care for children in the child protection 759 and child welfare system in a community that is no smaller than 760 a county and no larger than two contiguous judicial circuits. 761 The secretary of the department may authorize more than one 762 eligible lead agency within a single county if doing so will 763 result in more effective delivery of services to children. 764 (f) “Florida’s Child Welfare Practice Model” means the 765 methodology developed by the department based on child welfare 766 statutes and rules to ensure the permanency, safety, and well 767 being of children. 768 (g) “Performance standards and metrics” means quantifiable 769 measures used to track and assess performance as determined by 770 the department. 771 (h)(e)“Related services” includes, but is not limited to, 772 family preservation, independent living, emergency shelter, 773 residential group care, foster care, therapeutic foster care, 774 intensive residential treatment, foster care supervision, case 775 management, coordination of mental health services, 776 postplacement supervision, permanent foster care, and family 777 reunification. 778 Section 11. Section 409.991, Florida Statutes, is amended 779 to read: 780 (Substantial rewording of section. See s. 409.991, 781 F.S., for present text.) 782 409.991 Allocation of funds for community-based care lead 783 agencies.— 784 (1)(a) The Legislature finds that there is a need for 785 accountability across the child welfare system and that the 786 distribution of equitable funding across the system to 787 community-based care lead agencies is necessary to ensure the 788 provision of quality services to all persons being served by the 789 contracted lead agencies. 790 (b) It is the intent of the Legislature that the department 791 calculate funding for lead agencies using a consistent and 792 equitable allocation formula to ensure the provision of quality 793 services to all persons being served by the department. 794 (2) As used in this section, the term: 795 (a) “Area cost differential” means the district cost 796 differential as computed in s. 1011.62(2). 797 (b) “Caseload” is determined by the following factors: 798 1. For case managers and program support, caseload is the 799 most recent month-end average of in-home and out-of-home 800 children using counts from the department’s child welfare 801 information system for the most recent 24 months. 802 2. For foster home recruiters and initial licensing staff, 803 homes needed is the sum of 25 percent of the current homes 804 licensed using the most recent month data available plus one 805 third of the total new homes needed. 806 3. New homes needed is calculated as 1.6 times the current 807 number of children in foster homes and group homes less the 808 current number of licensed homes. 809 4. Homes relicensed is calculated as 75 percent of the 810 current homes licensed using the most recent month data 811 available. 812 5. Removals are the most recent annual average for the 813 previous 24 months for staff costs, except for the previous 12 814 months for board costs, including, but not limited to, clothing. 815 6. The average number of adoptions finalized during the 816 most recent 24 months. 817 7. For board, licensed care caseload is the most recent 818 month-end average of foster home, group home and residential 819 treatment facility using counts from the department’s child 820 welfare information system for the most recent 12 months. 821 (c) “Core plus funds” means: 822 1. All funds made available in the community-based care 823 lead agency category of the General Appropriations Act for the 824 applicable fiscal year. The term does not include funds 825 appropriated in the community-based care lead agency category of 826 the General Appropriations Act for the applicable fiscal year 827 for independent living. 828 2. All funds allocated by contract with the department to 829 the lead agency for substance abuse and mental health, or any 830 funds directly contracted by the department for the sole benefit 831 of the lead agency. 832 (d) “Florida funding for children model” means an 833 allocation model that uses the following factors: 834 1. Prevention services; 835 2. Client services; 836 3. Licensed out-of-home care; and 837 4. Staffing. 838 (e) “Group home ceiling” means the difference between the 839 actual group home average census and the expected group home 840 census times 50 percent of the average group home board payment. 841 For purposes of this paragraph: 842 1. “Actual group home average” means the monthly average 843 number of children in group care and residential treatment 844 facilities for the prior 12 months. 845 2. “Expected group home census” means the total number of 846 removals for the prior 12 months times 1.4 times the ceiling 847 percentage. The ceiling percentage is 10 percent for the 2021 848 2022 fiscal year, 9 percent for the 2022-2023 fiscal year, and 8 849 percent for the 2023-2024 fiscal year and all subsequent years. 850 (f) “Optimal funding amount” means 100 percent of the 851 Florida funding for children model amount as calculated by the 852 department. 853 (g) “Prevention services” means any services or costs 854 incurred to prevent children from entering or re-entering foster 855 care, or any services provided to the child or the child’s 856 family or caregiver. 857 (3) The allocation of core plus funds shall be calculated 858 based on the total of prevention services, client services, 859 licensed out-of-home care, and staffing and a comparison of the 860 total optimal funding amount to the actual allocated funding 861 amount for the most recent fiscal year used to determine the 862 percentage of optimal funding the lead agency is currently 863 receiving. 864 (a) Prevention services shall be determined by the most 865 recent fiscal year of prevention spending by the lead agency 866 plus 10 percent for general and administrative costs. 867 1. If final expenditure reporting has not yet been 868 completed, an estimate made to be used for the initial 869 allocation and final allocations are determined after the 870 expenditure reporting has been completed. 871 2. If a lead agency’s board costs from the previous year 872 are reduced, the savings in board costs may be transferred to 873 prevention services in the following year and counted towards 874 prevention spending by the lead agency. 875 (b) Client services shall be calculated as an average 876 amount per caseload as determined by the department then 877 multiplied by the area cost differential. Caseload is determined 878 by adding together the following: 879 1. The most recent month-end average of in-home and out-of 880 home children using counts from the department’s child welfare 881 information system for the most recent 24 months; and 882 2. The average annual number of adoption finalizations 883 calculated based on the most recent 24 months. 884 (c) Licensed out-of-home care is calculated based on board 885 costs. 886 1. Board costs are calculated by multiplying the annual 887 licensed care caseload times the average board rate plus the 888 number of annual removals times initial clothing allowance as 889 determined by the department. 890 2. The annual licensed care caseload is determined by 891 adding together the following: 892 a. The month-end average of foster home, group home and 893 residential treatment facility using counts from the 894 department’s child welfare information system for the most 895 recent 12 months. 896 b. The estimated number of Level 1 foster homes as 897 determined by calculating 40 percent of the total relative and 898 nonrelative placements for the most recent 12 months. 899 c. The average board rate is the most recent total amount 900 of full month payments for all items charged for room and board 901 in the department’s child welfare information system divided by 902 the number of children included in those payments divided by the 903 number of days in that month. 904 (d) Staffing is calculated based on the following: 905 1. Staffing need as determined by the following defined 906 ratios: 907 a. The ratio for case managers as follows: 908 (I) One case manager per 17 children for the 2020-2021 909 fiscal year. 910 (II) One case manager per 16 children for the 2021-2022 911 fiscal year. 912 (III) One case manager per 15 children for the 2022-2023 913 fiscal year. 914 (IV) One case manager per 14 children for the 2023-2024 915 fiscal year and all subsequent years. 916 b. One case manager supervisor per five case managers. 917 c. One paraprofessional per four case managers. 918 d. One safety practice expert per lead agency. 919 e. One other professional staff per lead agency plus 1 per 920 every 100 case managers, rounded to the nearest whole number. 921 f. One service coordinator per 20 case managers. 922 g. One service coordination supervisor per five service 923 coordinators. 924 h. One foster home recruiter per every 50 homes needed. 925 i. One licensing staff: 926 (I) Per every 16 new homes needed; 927 (II) Per every 20 homes relicensed; and 928 (III) Per every 50 Level 1 homes licensed. 929 j. One placement staff per every 168 removals. 930 k. One out-of-home care supervisor per every five of the 931 total number of foster home recruiters and all licensing staff 932 and placement staff. 933 l. One adoption staff per every 51.33 adoptions. 934 m. One adoption supervisor per five adoption staff. 935 n. One director staff per every five of the total number of 936 case manager supervisors, service coordination supervisors, out 937 of-home care supervisors, and adoption supervisors, rounded to 938 the nearest whole number. 939 o. One administrative support staff per every four of the 940 total number of case manager supervisors, service coordination 941 supervisors, out-of-home care supervisors, and adoption 942 supervisors. 943 2. Program support is calculated by multiplying the average 944 caseload times the Florida average cost per caseload, determined 945 by the department annually. The caseload is determined by adding 946 together the following: 947 a. The most recent month-end average of in-home and out-of 948 home children using counts from the department’s child welfare 949 information system for the most recent 24 months. 950 b. The average annual number of adoption finalizations 951 calculated based on the most recent 24 months. 952 3. Area cost differential. 953 4. Per position costs for all noted staff positions, as 954 determined by the department annually. 955 5. General and administrative costs of 10 percent 956 multiplied by the total staff costs including all items above. 957 (4) Before full implementation in the 2023-2024 fiscal 958 year, the department may not reduce or redistribute the 959 allocation budget for a lead agency that is funded at more than 960 110 percent of its optimal funding amount. 961 (5) Unless otherwise specified in the General 962 Appropriations Act, any new core plus funds shall be allocated 963 based on the Florida funding for children model to achieve 90 964 percent or more of optimal funding for all lead agencies. 965 (6) Unless otherwise specified in the General 966 Appropriations Act, any new funds for core services shall be 967 allocated based on the Florida funding for children model. 968 (7) Beginning with the 2020-2021 fiscal year, any 969 additional funding provided to lead agencies must be distributed 970 following the establishment of performance standards and metrics 971 in accordance with rules adopted by the department. For 972 subsequent years, any additional funding provided to lead 973 agencies by the Legislature must be distributed by the 974 department as follows: 975 (a) On July 1, 50 percent of the total additional funding 976 allocated to the lead agency must be distributed. 977 (b) By January 1, the department must evaluate specified 978 performance standards and metrics for the lead agency to 979 determine whether the lead agency’s performance has improved 980 since the initial funding was distributed on July 1. If the 981 Office of Quality Assurance and Improvement determines that the 982 lead agency has improved in performance standards and metrics, 983 then the remaining funding must be distributed by February 1. If 984 the lead agency fails to improve performance, then the remaining 985 funding must be redistributed to other lead agencies as 986 determined by the Florida funding for children model. 987 Section 12. Present subsections (2) through (23) of section 988 409.996, Florida Statutes, are redesignated as subsections (16) 989 through (37), respectively, new subsections (2) through (15) are 990 added to that section, and subsection (1) and present 991 subsections (17) and (21) are amended, to read: 992 409.996 Duties of the Department of Children and Families. 993 The department shall contract for the delivery, administration, 994 or management of care for children in the child protection and 995 child welfare system. In doing so, the department retains 996 responsibility for the quality of contracted services and 997 programs and shall ensure that services are delivered in 998 accordance with applicable federal and state statutes and 999 regulations. 1000 (1) The department shall enter into contracts with lead 1001 agencies for the performance of the duties by the lead agencies 1002 pursuant to s. 409.988. At a minimum, the contracts must: 1003 (a) Provide for the services needed to accomplish the 1004 duties established in s. 409.988 and provide information to the 1005 department which is necessary to meet the requirements for a 1006 quality assurance program pursuant to subsection (32)(18)and 1007 the child welfare results-oriented accountability system 1008 pursuant to s. 409.997. 1009 (b) Provide for graduated penalties for failure to comply 1010 with contract terms, including the department terminating the 1011 contract for failure to meet the performance standards and 1012 metrics set by the department. The performance standards set by 1013 the department for the lead agencies must, at a minimum, address 1014 the following areas: 1015 1. Abuse per 100,000 days in out-of-home care; 1016 2. Abuse during in-home services; 1017 3. Children entering care and achieving permanency within 1018 12 months; 1019 4. Children in care 12 to 23 months achieving permanency 1020 within 12 months; 1021 5. Abuse within 6 months of closure of services; 1022 6. Children receiving dental services; 1023 7. Children receiving medical services; 1024 8. Children under supervision who are seen every 30 days; 1025 9. Children who do not reenter care within 12 months of 1026 moving to a permanent home; 1027 10. Placement moves per 1,000 days in out-of-home care; 1028 11. Sibling groups where all siblings are placed together; 1029 and 1030 12. Young adults aging out and educational achievement. 1031 1032 Such penalties may include financial penalties, enhanced 1033 monitoring and reporting, corrective action plans, and early 1034 termination of contracts or other appropriate action to ensure 1035 contract compliance. The financial penalties shall require a 1036 lead agency to reallocate funds from administrative costs to 1037 direct care for children. 1038 (c) Ensure that the lead agency shall furnish current and 1039 accurate information on its activities in all cases in client 1040 case records in the state’s statewide automated child welfare 1041 information system. 1042 (d) Specify the procedures to be used by the parties to 1043 resolve differences in interpreting the contract or to resolve 1044 disputes as to the adequacy of the parties’ compliance with 1045 their respective obligations under the contract. 1046 (2) The department shall provide a grade for each lead 1047 agency based on the department’s annual review of the agency’s 1048 compliance with performance standards and metrics. 1049 (3) A lead agency’s performance shall be graded based on a 1050 weighted score of its compliance with performance standards and 1051 metrics using one of the following grades: 1052 (a) “A,” lead agencies with a weighted score of 4.0 or 1053 higher. 1054 (b) “B,” lead agencies with a weighted score of 3.0 to 1055 3.99. 1056 (c) “C,” lead agencies with a weighted score of 2.0 to 1057 2.99. 1058 (d) “D,” lead agencies with a weighted score of 1.0 to 1059 1.99. 1060 (e) “F,” lead agencies with a weighted score of less than 1061 1.0. 1062 (4) If the current contract has a renewal option, the 1063 department shall renew the contract of a lead agency that has 1064 received an “A” grade for the 2 years immediately preceding the 1065 renewal date of the contract. 1066 (5) The department shall develop a multitiered system of 1067 support and improvement strategies designed to address the low 1068 performance of a lead agency. 1069 (6) The department may provide assistance to a lead agency 1070 for the purpose of meeting performance standards and metrics. 1071 Assistance may include, but is not limited to, recommendations 1072 for best practices and implementation of a corrective action 1073 plan. 1074 (7) The department shall provide assistance to a lead 1075 agency that receives a “C” grade or lower on its annual review 1076 until such time that it has improved to at least a “B” grade. 1077 (8) For any lead agency that has received a “D” or “F” 1078 grade, the department shall take immediate action to engage 1079 stakeholders in a needs assessment to develop a turnaround 1080 option plan. The turnaround option plan may include, but is not 1081 limited to, the implementation of corrective actions and best 1082 practices designed to improve performance. The department must 1083 review and approve the plan before implementation by the lead 1084 agency. 1085 (9) If cancellation of a contract with a lead agency occurs 1086 in a manner that threatens a lapse in services, the department 1087 may procure and contract pursuant to s. 287.057(3)(a). 1088 (10) Upon a lead agency’s receipt of a third consecutive 1089 “D” grade or lower, the department must initiate proceedings to 1090 terminate any contract with the lead agency. 1091 (11) At any time, the secretary may offer resources to a 1092 lead agency to address any deficiencies in meeting performance 1093 standards and metrics which directly impact the safety of 1094 children. 1095 (12) Notwithstanding subsections (5) through (11), the 1096 secretary, at his or her discretion, may terminate a contract 1097 with a lead agency that has received an “F” grade or upon the 1098 occurrence of an egregious act or omission by the lead agency or 1099 its subcontractor. 1100 (13) The lead agency shall pay any federal fines incurred 1101 by the department as the result of that lead agency’s failure to 1102 comply with the performance standards and metrics. 1103 (14) If the lead agency chooses to subcontract any duties 1104 or services, the lead agency shall retain responsibility for its 1105 failure to comply with performance standards and metrics. 1106 (15) The department shall adopt rules to administer 1107 subsections (2) through (14). 1108 (31)(17)The department shall directly or through contract 1109 provide attorneys to prepare and present cases in dependency 1110 court and shall ensure that the court is provided with adequate 1111 information for informed decisionmaking in dependency cases, 1112 including a face sheet for each case which lists the names and 1113 contact information for any child protective investigator, child 1114 protective investigation supervisor, case manager, and case 1115 manager supervisor, and the regional department official 1116 responsible for the lead agency contract. The department shall 1117 provide to the court the case information and recommendations 1118 provided by the lead agency or subcontractor. For the Sixth 1119 Judicial Circuit, the department shall contract with the state 1120 attorney for the provision of these services. 1121 (a) The contracted attorneys shall adopt Florida’s Child 1122 Welfare Practice Model and operate in accordance with the same 1123 federal performance standards and metrics regarding child 1124 welfare and protective investigations imposed on the department. 1125 (b) Program performance evaluations shall be collaborative 1126 and conducted on an ongoing basis. The department and each 1127 contracted attorney or their designee shall meet at least 1128 quarterly to collaborate on federal and state quality assurance 1129 and continuous quality improvement initiatives. 1130 (c) Annual program performance evaluation shall be based on 1131 criteria developed by the department for use with all children’s 1132 legal services counsel statewide. The program performance 1133 evaluation shall be conducted by a team of peer reviewers from 1134 the respective attorneys’ offices that perform children’s legal 1135 services and representatives from the department. The program 1136 performance evaluation shall be standardized using a random 1137 sample of cases selected by the department. By November 1 of 1138 each year, the department shall submit an annual report to the 1139 Governor, the President of the Senate, and the Speaker of the 1140 House of Representatives regarding quality performance, outcome 1141 measure attainment, and cost efficiency of contracted attorneys 1142 who receive general appropriations to provide children’s legal 1143 services for the department. 1144 (d) At any time, the secretary may offer resources to a 1145 contracted attorney to address any performance deficiencies that 1146 directly impact the safety of children. 1147 (35)(21)The department shall periodically, and before 1148 procuring a lead agency, solicit comments and recommendations 1149 from the community alliance established in s. 20.19(6)s.115020.19(5), any other community groups, or public hearings. The 1151 recommendations must include, but are not limited to: 1152 (a) The current and past performance of a lead agency. 1153 (b) The relationship between a lead agency and its 1154 community partners. 1155 (c) Any local conditions or service needs in child 1156 protection and child welfare. 1157 Section 13. Subsection (4) is added to section 409.997, 1158 Florida Statutes, and subsection (2) of that section is 1159 republished, to read: 1160 409.997 Child welfare results-oriented accountability 1161 program.— 1162 (2) The purpose of the results-oriented accountability 1163 program is to monitor and measure the use of resources, the 1164 quality and amount of services provided, and child and family 1165 outcomes. The program includes data analysis, research review, 1166 and evaluation. The program shall produce an assessment of 1167 individual entities’ performance, as well as the performance of 1168 groups of entities working together on a local, regional, and 1169 statewide basis to provide an integrated system of care. Data 1170 analyzed and communicated through the accountability program 1171 shall inform the department’s development and maintenance of an 1172 inclusive, interactive, and evidence-supported program of 1173 quality improvement which promotes individual skill building as 1174 well as organizational learning. Additionally, outcome data 1175 generated by the program may be used as the basis for payment of 1176 performance incentives if funds for such payments are made 1177 available through the General Appropriations Act. The 1178 information compiled and utilized in the accountability program 1179 must incorporate, at a minimum: 1180 (a) Valid and reliable outcome measures for each of the 1181 goals specified in this subsection. The outcome data set must 1182 consist of a limited number of understandable measures using 1183 available data to quantify outcomes as children move through the 1184 system of care. Such measures may aggregate multiple variables 1185 that affect the overall achievement of the outcome goals. Valid 1186 and reliable measures must be based on adequate sample sizes, be 1187 gathered over suitable time periods, and reflect authentic 1188 rather than spurious results, and may not be susceptible to 1189 manipulation. 1190 (b) Regular and periodic monitoring activities that track 1191 the identified outcome measures on a statewide, regional, and 1192 provider-specific basis. Monitoring reports must identify trends 1193 and chart progress toward achievement of the goals specified in 1194 this subsection. The accountability program may not rank or 1195 compare performance among community-based care regions unless 1196 adequate and specific adjustments are adopted which account for 1197 the diversity in regions’ demographics, resources, and other 1198 relevant characteristics. The requirements of the monitoring 1199 program may be incorporated into the department’s quality 1200 assurance program. 1201 (c) An analytical framework that builds on the results of 1202 the outcomes monitoring procedures and assesses the statistical 1203 validity of observed associations between child welfare 1204 interventions and the measured outcomes. The analysis must use 1205 quantitative methods to adjust for variations in demographic or 1206 other conditions. The analysis must include longitudinal studies 1207 to evaluate longer term outcomes, such as continued safety, 1208 family permanence, and transition to self-sufficiency. The 1209 analysis may also include qualitative research methods to 1210 provide insight into statistical patterns. 1211 (d) A program of research review to identify interventions 1212 that are supported by evidence as causally linked to improved 1213 outcomes. 1214 (e) An ongoing process of evaluation to determine the 1215 efficacy and effectiveness of various interventions. Efficacy 1216 evaluation is intended to determine the validity of a causal 1217 relationship between an intervention and an outcome. 1218 Effectiveness evaluation is intended to determine the extent to 1219 which the results can be generalized. 1220 (f) Procedures for making the results of the accountability 1221 program transparent for all parties involved in the child 1222 welfare system as well as policymakers and the public, which 1223 shall be updated at least quarterly and published on the 1224 department’s website in a manner that allows custom searches of 1225 the performance data. The presentation of the data shall provide 1226 a comprehensible, visual report card for the state and each 1227 community-based care region, indicating the current status of 1228 the outcomes relative to each goal and trends in that status 1229 over time. The presentation shall identify and report outcome 1230 measures that assess the performance of the department, the 1231 community-based care lead agencies, and their subcontractors 1232 working together to provide an integrated system of care. 1233 (g) An annual performance report that is provided to 1234 interested parties including the dependency judge or judges in 1235 the community-based care service area. The report shall be 1236 submitted to the Governor, the President of the Senate, and the 1237 Speaker of the House of Representatives by October 1 of each 1238 year. 1239 (4) Data generated in accordance with this section shall be 1240 provided directly to the department’s Office of Quality 1241 Assurance and Improvement in a manner dictated by the 1242 department. The department shall conduct an onsite program 1243 performance evaluation of each lead agency at least once per 1244 year. The department must also have access to make onsite visits 1245 at its discretion to any provider contracted by the lead agency. 1246 The onsite evaluation must consist of a review using a random 1247 sample of cases selected by the department. 1248 Section 14. Paragraph (t) of subsection (2) of section 1249 39.202, Florida Statutes, is amended to read: 1250 39.202 Confidentiality of reports and records in cases of 1251 child abuse or neglect.— 1252 (2) Except as provided in subsection (4), access to such 1253 records, excluding the name of, or other identifying information 1254 with respect to, the reporter which shall be released only as 1255 provided in subsection (5), shall be granted only to the 1256 following persons, officials, and agencies: 1257 (t) Persons with whom the department is seeking to place 1258 the child or to whom placement has been granted, including 1259 foster parents for whom an approved home study has been 1260 conducted, the designee of a licensed child-caring agency as 1261 defined in s. 39.01(44)s. 39.01(41), an approved relative or 1262 nonrelative with whom a child is placed pursuant to s. 39.402, 1263 preadoptive parents for whom a favorable preliminary adoptive 1264 home study has been conducted, adoptive parents, or an adoption 1265 entity acting on behalf of preadoptive or adoptive parents. 1266 Section 15. Subsections (1) and (19) of section 39.502, 1267 Florida Statutes, are amended to read: 1268 39.502 Notice, process, and service.— 1269 (1) Unless parental rights have been terminated, all 1270 parents must be notified of all proceedings or hearings 1271 involving the child. Notice in cases involving shelter hearings 1272 and hearings resulting from medical emergencies must be that 1273 most likely to result in actual notice to the parents. In all 1274 other dependency proceedings, notice must be provided in 1275 accordance with subsections (4)-(9), except when a relative 1276 requests notification pursuant to s. 39.301(15)(b)s.127739.301(14)(b), in which case notice shall be provided pursuant 1278 to subsection (19). 1279 (19) In all proceedings and hearings under this chapter, 1280 the attorney for the department shall notify, orally or in 1281 writing, a relative requesting notification pursuant to s. 1282 39.301(15)(b)s. 39.301(14)(b)of the date, time, and location 1283 of such proceedings and hearings, and notify the relative that 1284 he or she has the right to attend all subsequent proceedings and 1285 hearings, to submit reports to the court, and to speak to the 1286 court regarding the child, if the relative so desires. The court 1287 has the discretion to release the attorney for the department 1288 from notifying a relative who requested notification pursuant to 1289 s. 39.301(15)(b)s. 39.301(14)(b)if the relative’s involvement 1290 is determined to be impeding the dependency process or 1291 detrimental to the child’s well-being. 1292 Section 16. Paragraph (c) of subsection (1) of section 1293 39.521, Florida Statutes, is amended to read: 1294 39.521 Disposition hearings; powers of disposition.— 1295 (1) A disposition hearing shall be conducted by the court, 1296 if the court finds that the facts alleged in the petition for 1297 dependency were proven in the adjudicatory hearing, or if the 1298 parents or legal custodians have consented to the finding of 1299 dependency or admitted the allegations in the petition, have 1300 failed to appear for the arraignment hearing after proper 1301 notice, or have not been located despite a diligent search 1302 having been conducted. 1303 (c) When any child is adjudicated by a court to be 1304 dependent, the court having jurisdiction of the child has the 1305 power by order to: 1306 1. Require the parent and, when appropriate, the legal 1307 guardian or the child to participate in treatment and services 1308 identified as necessary. The court may require the person who 1309 has custody or who is requesting custody of the child to submit 1310 to a mental health or substance abuse disorder assessment or 1311 evaluation. The order may be made only upon good cause shown and 1312 pursuant to notice and procedural requirements provided under 1313 the Florida Rules of Juvenile Procedure. The mental health 1314 assessment or evaluation must be administered by a qualified 1315 professional as defined in s. 39.01, and the substance abuse 1316 assessment or evaluation must be administered by a qualified 1317 professional as defined in s. 397.311. The court may also 1318 require such person to participate in and comply with treatment 1319 and services identified as necessary, including, when 1320 appropriate and available, participation in and compliance with 1321 a mental health court program established under chapter 394 or a 1322 treatment-based drug court program established under s. 397.334. 1323 Adjudication of a child as dependent based upon evidence of harm 1324 as defined in s. 39.01(38)(g)s. 39.01(35)(g)demonstrates good 1325 cause, and the court shall require the parent whose actions 1326 caused the harm to submit to a substance abuse disorder 1327 assessment or evaluation and to participate and comply with 1328 treatment and services identified in the assessment or 1329 evaluation as being necessary. In addition to supervision by the 1330 department, the court, including the mental health court program 1331 or the treatment-based drug court program, may oversee the 1332 progress and compliance with treatment by a person who has 1333 custody or is requesting custody of the child. The court may 1334 impose appropriate available sanctions for noncompliance upon a 1335 person who has custody or is requesting custody of the child or 1336 make a finding of noncompliance for consideration in determining 1337 whether an alternative placement of the child is in the child’s 1338 best interests. Any order entered under this subparagraph may be 1339 made only upon good cause shown. This subparagraph does not 1340 authorize placement of a child with a person seeking custody of 1341 the child, other than the child’s parent or legal custodian, who 1342 requires mental health or substance abuse disorder treatment. 1343 2. Require, if the court deems necessary, the parties to 1344 participate in dependency mediation. 1345 3. Require placement of the child either under the 1346 protective supervision of an authorized agent of the department 1347 in the home of one or both of the child’s parents or in the home 1348 of a relative of the child or another adult approved by the 1349 court, or in the custody of the department. Protective 1350 supervision continues until the court terminates it or until the 1351 child reaches the age of 18, whichever date is first. Protective 1352 supervision shall be terminated by the court whenever the court 1353 determines that permanency has been achieved for the child, 1354 whether with a parent, another relative, or a legal custodian, 1355 and that protective supervision is no longer needed. The 1356 termination of supervision may be with or without retaining 1357 jurisdiction, at the court’s discretion, and shall in either 1358 case be considered a permanency option for the child. The order 1359 terminating supervision by the department must set forth the 1360 powers of the custodian of the child and include the powers 1361 ordinarily granted to a guardian of the person of a minor unless 1362 otherwise specified. Upon the court’s termination of supervision 1363 by the department, further judicial reviews are not required if 1364 permanency has been established for the child. 1365 4. Determine whether the child has a strong attachment to 1366 the prospective permanent guardian and whether such guardian has 1367 a strong commitment to permanently caring for the child. 1368 Section 17. Subsection (5) of section 39.6011, Florida 1369 Statutes, is amended to read: 1370 39.6011 Case plan development.— 1371 (5) The case plan must describe: 1372 (a) The role of the foster parents or legal custodians when 1373 developing the services that are to be provided to the child, 1374 foster parents, or legal custodians; 1375 (b) The responsibility of the case manager to forward a 1376 relative’s request to receive notification of all proceedings 1377 and hearings submitted pursuant to s. 39.301(15)(b)s.137839.301(14)(b)to the attorney for the department; 1379 (c) The minimum number of face-to-face meetings to be held 1380 each month between the parents and the department’s family 1381 services counselors to review the progress of the plan, to 1382 eliminate barriers to progress, and to resolve conflicts or 1383 disagreements; and 1384 (d) The parent’s responsibility for financial support of 1385 the child, including, but not limited to, health insurance and 1386 child support. The case plan must list the costs associated with 1387 any services or treatment that the parent and child are expected 1388 to receive which are the financial responsibility of the parent. 1389 The determination of child support and other financial support 1390 shall be made independently of any determination of indigency 1391 under s. 39.013. 1392 Section 18. Paragraph (c) of subsection (1) of section 1393 39.6012, Florida Statutes, is amended to read: 1394 39.6012 Case plan tasks; services.— 1395 (1) The services to be provided to the parent and the tasks 1396 that must be completed are subject to the following: 1397 (c) If there is evidence of harm as defined in s. 1398 39.01(38)(g)s. 39.01(35)(g), the case plan must include as a 1399 required task for the parent whose actions caused the harm that 1400 the parent submit to a substance abuse disorder assessment or 1401 evaluation and participate and comply with treatment and 1402 services identified in the assessment or evaluation as being 1403 necessary. 1404 Section 19. Paragraph (g) of subsection (1) of section 1405 39.701, Florida Statutes, is amended to read: 1406 39.701 Judicial review.— 1407 (1) GENERAL PROVISIONS.— 1408 (g) The attorney for the department shall notify a relative 1409 who submits a request for notification of all proceedings and 1410 hearings pursuant to s. 39.301(15)(b)s. 39.301(14)(b). The 1411 notice shall include the date, time, and location of the next 1412 judicial review hearing. 1413 Section 20. Section 39.823, Florida Statutes, is amended to 1414 read: 1415 39.823 Guardian advocates for drug dependent newborns.—The 1416 Legislature finds that increasing numbers of drug dependent 1417 children are born in this state. Because of the parents’ 1418 continued dependence upon drugs, the parents may temporarily 1419 leave their child with a relative or other adult or may have 1420 agreed to voluntary family services under s. 39.301(15)s.142139.301(14). The relative or other adult may be left with a child 1422 who is likely to require medical treatment but for whom they are 1423 unable to obtain medical treatment. The purpose of this section 1424 is to provide an expeditious method for such relatives or other 1425 responsible adults to obtain a court order which allows them to 1426 provide consent for medical treatment and otherwise advocate for 1427 the needs of the child and to provide court review of such 1428 authorization. 1429 Section 21. Subsection (4) of section 322.09, Florida 1430 Statutes, is amended to read: 1431 322.09 Application of minors; responsibility for negligence 1432 or misconduct of minor.— 1433 (4) Notwithstanding subsections (1) and (2), if a caregiver 1434 of a minor who is under the age of 18 years and is in out-of 1435 home care as defined in s. 39.01(58)s. 39.01(55), an authorized 1436 representative of a residential group home at which such a minor 1437 resides, the caseworker at the agency at which the state has 1438 placed the minor, or a guardian ad litem specifically authorized 1439 by the minor’s caregiver to sign for a learner’s driver license 1440 signs the minor’s application for a learner’s driver license, 1441 that caregiver, group home representative, caseworker, or 1442 guardian ad litem does not assume any obligation or become 1443 liable for any damages caused by the negligence or willful 1444 misconduct of the minor by reason of having signed the 1445 application. Before signing the application, the caseworker, 1446 authorized group home representative, or guardian ad litem shall 1447 notify the caregiver or other responsible party of his or her 1448 intent to sign and verify the application. 1449 Section 22. Paragraph (b) of subsection (5) of section 1450 393.065, Florida Statutes, is amended to read: 1451 393.065 Application and eligibility determination.— 1452 (5) The agency shall assign and provide priority to clients 1453 waiting for waiver services in the following order: 1454 (b) Category 2, which includes individuals on the waiting 1455 list who are: 1456 1. From the child welfare system with an open case in the 1457 Department of Children and Families’ statewide automated child 1458 welfare information system and who are either: 1459 a. Transitioning out of the child welfare system at the 1460 finalization of an adoption, a reunification with family 1461 members, a permanent placement with a relative, or a 1462 guardianship with a nonrelative; or 1463 b. At least 18 years but not yet 22 years of age and who 1464 need both waiver services and extended foster care services; or 1465 2. At least 18 years but not yet 22 years of age and who 1466 withdrew consent pursuant to s. 39.6251(5)(c) to remain in the 1467 extended foster care system. 1468 1469 For individuals who are at least 18 years but not yet 22 years 1470 of age and who are eligible under sub-subparagraph 1.b., the 1471 agency shall provide waiver services, including residential 1472 habilitation, and the community-based care lead agency shall 1473 fund room and board at the rate established in s. 409.145(4) and 1474 provide case management and related services as defined in s. 1475 409.986(3)(h)s. 409.986(3)(e). Individuals may receive both 1476 waiver services and services under s. 39.6251. Services may not 1477 duplicate services available through the Medicaid state plan. 1478 1479 Within categories 3, 4, 5, 6, and 7, the agency shall maintain a 1480 waiting list of clients placed in the order of the date that the 1481 client is determined eligible for waiver services. 1482 Section 23. Paragraph (p) of subsection (4) of section 1483 394.495, Florida Statutes, is amended to read: 1484 394.495 Child and adolescent mental health system of care; 1485 programs and services.— 1486 (4) The array of services may include, but is not limited 1487 to: 1488 (p) Trauma-informed services for children who have suffered 1489 sexual exploitation as defined in s. 39.01(81)(g)s.149039.01(77)(g). 1491 Section 24. Paragraph (a) of subsection (1) of section 1492 394.674, Florida Statutes, is amended to read: 1493 394.674 Eligibility for publicly funded substance abuse and 1494 mental health services; fee collection requirements.— 1495 (1) To be eligible to receive substance abuse and mental 1496 health services funded by the department, an individual must be 1497 a member of at least one of the department’s priority 1498 populations approved by the Legislature. The priority 1499 populations include: 1500 (a) For adult mental health services: 1501 1. Adults who have severe and persistent mental illness, as 1502 designated by the department using criteria that include 1503 severity of diagnosis, duration of the mental illness, ability 1504 to independently perform activities of daily living, and receipt 1505 of disability income for a psychiatric condition. Included 1506 within this group are: 1507 a. Older adults in crisis. 1508 b. Older adults who are at risk of being placed in a more 1509 restrictive environment because of their mental illness. 1510 c. Persons deemed incompetent to proceed or not guilty by 1511 reason of insanity under chapter 916. 1512 d. Other persons involved in the criminal justice system. 1513 e. Persons diagnosed as having co-occurring mental illness 1514 and substance abuse disorders. 1515 2. Persons who are experiencing an acute mental or 1516 emotional crisis as defined in s. 394.67(18)s. 394.67(17). 1517 Section 25. Subsection (2) of section 409.987, Florida 1518 Statutes, is amended to read: 1519 409.987 Lead agency procurement.— 1520 (2) The department shall produce a schedule for the 1521 procurement of community-based care lead agencies and provide 1522 the schedule to the community alliances established pursuant to 1523 s. 20.19(6)s. 20.19(5)and post the schedule on the 1524 department’s website. 1525 Section 26. Paragraph (c) of subsection (1) of section 1526 409.988, Florida Statutes, is amended to read: 1527 409.988 Lead agency duties; general provisions.— 1528 (1) DUTIES.—A lead agency: 1529 (c) Shall follow the financial guidelines developed by the 1530 department and provide for a regular independent auditing of its 1531 financial activities. Such financial information shall be 1532 provided to the community alliance established under s. 20.19(6) 1533s. 20.19(5). 1534 Section 27. Section 627.746, Florida Statutes, is amended 1535 to read: 1536 627.746 Coverage for minors who have a learner’s driver 1537 license; additional premium prohibited.—An insurer that issues 1538 an insurance policy on a private passenger motor vehicle to a 1539 named insured who is a caregiver of a minor who is under the age 1540 of 18 years and is in out-of-home care as defined in s. 1541 39.01(58)s. 39.01(55)may not charge an additional premium for 1542 coverage of the minor while the minor is operating the insured 1543 vehicle, for the period of time that the minor has a learner’s 1544 driver license, until such time as the minor obtains a driver 1545 license. 1546 Section 28. Paragraph (c) of subsection (1) of section 1547 934.255, Florida Statutes, is amended to read: 1548 934.255 Subpoenas in investigations of sexual offenses.— 1549 (1) As used in this section, the term: 1550 (c) “Sexual abuse of a child” means a criminal offense 1551 based on any conduct described in s. 39.01(81)s. 39.01(77). 1552 Section 29. Subsection (5) of section 960.065, Florida 1553 Statutes, is amended to read: 1554 960.065 Eligibility for awards.— 1555 (5) A person is not ineligible for an award pursuant to 1556 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 1557 person is a victim of sexual exploitation of a child as defined 1558 in s. 39.01(81)(g)s. 39.01(77)(g). 1559 Section 30. For the purpose of incorporating the amendment 1560 made by this act to section 39.201, Florida Statutes, in a 1561 reference thereto, subsection (1) of section 39.302, Florida 1562 Statutes, is reenacted and amended to read: 1563 39.302 Protective investigations of institutional child 1564 abuse, abandonment, or neglect.— 1565 (1) The department shall conduct a child protective 1566 investigation of each report of institutional child abuse, 1567 abandonment, or neglect. Upon receipt of a report that alleges 1568 that an employee or agent of the department, or any other entity 1569 or person covered by s. 39.01(40) or (57)s. 39.01(37) or (54), 1570 acting in an official capacity, has committed an act of child 1571 abuse, abandonment, or neglect, the department shall initiate a 1572 child protective investigation within the timeframestimeframe1573 established under s. 39.201(5) and notify the appropriate state 1574 attorney, law enforcement agency, and licensing agency, which 1575 shall immediately conduct a joint investigation, unless 1576 independent investigations are more feasible. When conducting 1577 investigations or having face-to-face interviews with the child, 1578 investigation visits shall be unannounced unless it is 1579 determined by the department or its agent that unannounced 1580 visits threaten the safety of the child. If a facility is exempt 1581 from licensing, the department shall inform the owner or 1582 operator of the facility of the report. Each agency conducting a 1583 joint investigation is entitled to full access to the 1584 information gathered by the department in the course of the 1585 investigation. A protective investigation must include an 1586 interview with the child’s parent or legal guardian. The 1587 department shall make a full written report to the state 1588 attorney within 3 working days after making the oral report. A 1589 criminal investigation shall be coordinated, whenever possible, 1590 with the child protective investigation of the department. Any 1591 interested person who has information regarding the offenses 1592 described in this subsection may forward a statement to the 1593 state attorney as to whether prosecution is warranted and 1594 appropriate. Within 15 days after the completion of the 1595 investigation, the state attorney shall report the findings to 1596 the department and shall include in the report a determination 1597 of whether or not prosecution is justified and appropriate in 1598 view of the circumstances of the specific case. 1599 Section 31. For the purpose of incorporating the amendment 1600 made by this act to section 409.997, Florida Statutes, in a 1601 reference thereto, paragraph (b) of subsection (1) of section 1602 409.988, Florida Statutes, is reenacted to read: 1603 409.988 Lead agency duties; general provisions.— 1604 (1) DUTIES.—A lead agency: 1605 (b) Shall provide accurate and timely information necessary 1606 for oversight by the department pursuant to the child welfare 1607 results-oriented accountability system required by s. 409.997. 1608 Section 32. For the purpose of incorporating the amendment 1609 made by this act to section 409.997, Florida Statutes, in a 1610 reference thereto, paragraph (a) of subsection (1) of section 1611 409.996, Florida Statutes, is reenacted to read: 1612 409.996 Duties of the Department of Children and Families. 1613 The department shall contract for the delivery, administration, 1614 or management of care for children in the child protection and 1615 child welfare system. In doing so, the department retains 1616 responsibility for the quality of contracted services and 1617 programs and shall ensure that services are delivered in 1618 accordance with applicable federal and state statutes and 1619 regulations. 1620 (1) The department shall enter into contracts with lead 1621 agencies for the performance of the duties by the lead agencies 1622 pursuant to s. 409.988. At a minimum, the contracts must: 1623 (a) Provide for the services needed to accomplish the 1624 duties established in s. 409.988 and provide information to the 1625 department which is necessary to meet the requirements for a 1626 quality assurance program pursuant to subsection (18) and the 1627 child welfare results-oriented accountability system pursuant to 1628 s. 409.997. 1629 Section 33. This act shall take effect July 1, 2020.