Bill Text: FL S1514 | 2018 | Regular Session | Introduced
Bill Title: Child Welfare
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Children, Families, and Elder Affairs [S1514 Detail]
Download: Florida-2018-S1514-Introduced.html
Florida Senate - 2018 SB 1514 By Senator Garcia 36-01071-18 20181514__ 1 A bill to be entitled 2 An act relating to child welfare; amending s. 39.01, 3 F.S.; revising and defining terms; amending s. 4 39.0138, F.S.; requiring the Department of Children 5 and Families to establish a certain exemption process 6 and to adopt rules and procedures for the 7 documentation necessary for exempting household 8 members who have disabilities from being fingerprinted 9 before a child is placed in the home; amending s. 10 39.5085, F.S.; requiring the department to take all 11 the necessary steps to recover financial assistance 12 provided to nonrelative caregivers under certain 13 circumstances; authorizing the department to make 14 certain settlements, establish certain policies, and 15 adopt certain rules; terminating the Relative 16 Caregiver Program on a specified date and transferring 17 certain responsibilities to the Guardianship 18 Assistance Program; providing for continuance of 19 benefits to current participants; amending s. 39.521, 20 F.S.; authorizing the court to make certain 21 determinations regarding placement of a child with a 22 guardian; conforming a cross-reference; amending s. 23 39.6221, F.S.; providing an additional condition for 24 court placement of a child in permanent guardianship; 25 creating s. 39.6225, F.S.; requiring the department to 26 establish and operate a Guardianship Assistance 27 Program to provide guardianship assistance payments to 28 certain guardians beginning on a specified date; 29 defining terms; providing eligibility requirements; 30 authorizing guardians to receive guardian assistance 31 payments for certain siblings; requiring the 32 department to annually redetermine eligibility; 33 providing conditions for termination of benefits; 34 providing criteria for award of guardianship 35 assistance payments; requiring the department to 36 provide guardianship nonrecurring payments for certain 37 expenses; authorizing the use of certain state and 38 federal funds to operate the program; providing that 39 certain children are eligible for Medicaid coverage 40 until they reach a specified age; providing 41 requirements for guardianship assistance payments; 42 requiring case plans to include certain information; 43 requiring the department to adopt rules; amending s. 44 39.6251, F.S.; requiring the case manager for a young 45 adult in foster care to consult the young adult when 46 updating the case plan and the transition plan and 47 arrangements; deleting a provision authorizing case 48 management reviews to be conducted by telephone under 49 certain circumstances; amending s. 409.145, F.S.; 50 revising rates for room and board reimbursement of 51 certain family foster homes; revising provisions 52 relating to supplemental payments by community-based 53 care lead agencies; amending s. 409.166, F.S.; 54 defining terms; providing conditions for the 55 department to provide adoption assistance payments to 56 adoptive parents of certain children; providing that 57 children and young adults receiving benefits through 58 the adoption assistance program are ineligible for 59 other specified benefits and services; providing 60 additional conditions for eligibility for adoption 61 assistance; amending s. 409.1678, F.S.; deleting 62 requirements for certain specialized treatment 63 provided by residential treatment centers and 64 hospitals; amending s. 409.175, F.S.; revising and 65 defining terms; requiring a guardian to apply for a 66 license with the department to be eligible for the 67 Guardian Assistance Program; requiring the department 68 to adopt and amend certain rules; classifying family 69 foster homes by licensure type; exempting certain 70 household members from specified fingerprinting 71 requirements; authorizing the department to adopt 72 rules relating to certain summer camps; deleting 73 references to preservice training requirements for 74 emergency shelter parents; providing inservice 75 training requirements for certain foster parents; 76 amending ss. 39.302, 39.6012, 394.495, 409.1676, and 77 960.065, F.S.; conforming cross-references; providing 78 an effective date. 79 80 Be It Enacted by the Legislature of the State of Florida: 81 82 Section 1. Subsection (29) of section 39.01, Florida 83 Statutes, is redesignated as subsection (30), subsections (30) 84 through (46) of that section are redesignated as subsections 85 (35) through (51), respectively, subsections (47) through (81) 86 of that section are redesignated as subsections (53) through 87 (87), respectively, present subsections (10) and (32) and 88 paragraph (g) of present subsection (30) of that section are 89 amended, and new subsections (29), (31), (32), (33), (34), and 90 (52) are added to that section, to read: 91 39.01 Definitions.—When used in this chapter, unless the 92 context otherwise requires: 93 (10) “Caregiver” means the parent, legal custodian, 94 permanent guardian, adult household member, or other person 95 responsible for a child’s welfare as defined in subsection (54) 96(48). 97 (29) “Fictive kin” means a person unrelated by birth, 98 marriage, or adoption who has an emotionally significant 99 relationship to a child which has the characteristics of a 100 family relationship. 101 (31) “Guardian” means a relative, nonrelative, next of kin, 102 or fictive kin who is awarded physical custody of a child in a 103 proceeding brought pursuant to this chapter. 104 (32) “Guardianship assistance payment” means a monthly cash 105 payment made by the department to a guardian on behalf of an 106 eligible child or young adult. 107 (33) “Guardianship Assistance Program” means a program that 108 provides benefits to a child’s guardian on behalf of the child. 109 Benefits may be in the form of a guardianship assistance 110 payment, a guardianship nonrecurring payment, or Medicaid 111 coverage. 112 (34) “Guardianship nonrecurring payment” means a one-time 113 payment of up to $2,000 made by the department to a guardian to 114 assist with the expenses associated with obtaining legal 115 guardianship of a child who is eligible for the Guardianship 116 Assistance Program. 117 (35)(30)“Harm” to a child’s health or welfare can occur 118 when any person: 119 (g) Exposes a child to a controlled substance or alcohol. 120 Exposure to a controlled substance or alcohol is established by: 121 1. A test, administered at birth, which indicated that the 122 child’s blood, urine, or meconium contained any amount of 123 alcohol or a controlled substance or metabolites of such 124 substances, the presence of which was not the result of medical 125 treatment administered to the mother or the newborn infant; or 126 2. Evidence of extensive, abusive, and chronic use of a 127 controlled substance or alcohol by a parent to the extent that 128 the parent’s ability to provide supervision and care for the 129 child has been or is likely to be severely compromisedwhen the130child is demonstrably adversely affected by such usage. 131 132 As used in this paragraph, the term “controlled substance” means 133 prescription drugs not prescribed for the parent or not 134 administered as prescribed and controlled substances as outlined 135 in Schedule I or Schedule II of s. 893.03. 136 (37)(32)“Institutional child abuse or neglect” means 137 situations of known or suspected child abuse or neglect in which 138 the person allegedly perpetrating the child abuse or neglect is 139 an employee of a private school, public or private day care 140 center, residential home, institution, facility, or agency or 141 any other person at such institution responsible for the child’s 142 care as defined in subsection (54)(48). 143 (52) “Nonrelative” means a person unrelated by 144 consanguinity or affinity or a relative outside the fifth degree 145 of consanguinity or affinity. 146 Section 2. Subsections (2) through (7) of section 39.0138, 147 Florida Statutes, are redesignated as subsections (3) through 148 (8), respectively, and a new subsection (2) is added to that 149 section, to read: 150 39.0138 Criminal history and other records checks; limit on 151 placement of a child.— 152 (2) The department shall establish an exemption process for 153 household members who have physical and developmental 154 disabilities that prevent them from being fingerprinted. 155 (a) Exemptions shall be granted when fingerprinting is not 156 possible due to: 157 1. Physical limitations; 158 2. Developmental limitations; or 159 3. Cognitive limitations. 160 (b) Before granting an exemption under this subsection, the 161 department or its designee shall assess the limitations that 162 justify the exemption and whether the safety and well-being of 163 the child placed or to be placed in the home and access to the 164 child by the exempted household member will be affected by such 165 limitations. 166 (c) The department shall adopt rules and operating 167 procedures governing the documentation required to determine if 168 an exemption should be granted under this subsection. 169 Section 3. Paragraph (h) is added to subsection (2) of 170 section 39.5085, Florida Statutes, and subsection (3) is added 171 to that section, to read: 172 39.5085 Relative Caregiver Program.— 173 (2) 174 (h) If the department determines that a nonrelative 175 caregiver has received financial assistance under this section 176 to which he or she is not entitled, the department shall take 177 all necessary steps to recover such payment. The department may 178 make appropriate settlements and shall establish policies and 179 adopt rules to calculate and recover such payments. 180 (3)(a) The Relative Caregiver Program may not accept 181 initial applications after June 30, 2019. Relative Caregiver 182 Program benefits shall continue to be provided to caregivers 183 currently participating in the program until the child reaches 184 18 years of age. Persons seeking financial assistance after June 185 30, 2019, must submit an application for the Guardianship 186 Assistance Program. 187 (b) The recipient renewal and redetermination process for 188 current participants in the Relative Caregiver Program shall 189 continue under the guidelines set forth in this section and as 190 established by department rule. 191 Section 4. Paragraph (c) of subsection (1) of section 192 39.521, Florida Statutes, is amended to read: 193 39.521 Disposition hearings; powers of disposition.— 194 (1) A disposition hearing shall be conducted by the court, 195 if the court finds that the facts alleged in the petition for 196 dependency were proven in the adjudicatory hearing, or if the 197 parents or legal custodians have consented to the finding of 198 dependency or admitted the allegations in the petition, have 199 failed to appear for the arraignment hearing after proper 200 notice, or have not been located despite a diligent search 201 having been conducted. 202 (c) When any child is adjudicated by a court to be 203 dependent, the court having jurisdiction of the child has the 204 power by order to: 205 1. Require the parent and, when appropriate, the legal 206 guardiancustodianand the child to participate in treatment and 207 services identified as necessary. The court may require the 208 person who has custody or who is requesting custody of the child 209 to submit to a mental health or substance abuse disorder 210 assessment or evaluation. The order may be made only upon good 211 cause shown and pursuant to notice and procedural requirements 212 provided under the Florida Rules of Juvenile Procedure. The 213 mental health assessment or evaluation must be administered by a 214 qualified professional as defined in s. 39.01, and the substance 215 abuse assessment or evaluation must be administered by a 216 qualified professional as defined in s. 397.311. The court may 217 also require such person to participate in and comply with 218 treatment and services identified as necessary, including, when 219 appropriate and available, participation in and compliance with 220 a mental health court program established under chapter 394 or a 221 treatment-based drug court program established under s. 397.334. 222 Adjudication of a child as dependent based upon evidence of harm 223 as defined in s. 39.01(35)(g)s. 39.01(30)(g)demonstrates good 224 cause, and the court shall require the parent whose actions 225 caused the harm to submit to a substance abuse disorder 226 assessment or evaluation and to participate and comply with 227 treatment and services identified in the assessment or 228 evaluation as being necessary. In addition to supervision by the 229 department, the court, including the mental health court program 230 or the treatment-based drug court program, may oversee the 231 progress and compliance with treatment by a person who has 232 custody or is requesting custody of the child. The court may 233 impose appropriate available sanctions for noncompliance upon a 234 person who has custody or is requesting custody of the child or 235 make a finding of noncompliance for consideration in determining 236 whether an alternative placement of the child is in the child’s 237 best interests. Any order entered under this subparagraph may be 238 made only upon good cause shown. This subparagraph does not 239 authorize placement of a child with a person seeking custody of 240 the child, other than the child’s parent or legal custodian, who 241 requires mental health or substance abuse disorder treatment. 242 2. Require, if the court deems necessary, the parties to 243 participate in dependency mediation. 244 3. Require placement of the child either under the 245 protective supervision of an authorized agent of the department 246 in the home of one or both of the child’s parents or in the home 247 of a relative of the child or another adult approved by the 248 court, or in the custody of the department. Protective 249 supervision continues until the court terminates it or until the 250 child reaches the age of 18, whichever date is first. Protective 251 supervision shall be terminated by the court whenever the court 252 determines that permanency has been achieved for the child, 253 whether with a parent, another relative, or a legal custodian, 254 and that protective supervision is no longer needed. The 255 termination of supervision may be with or without retaining 256 jurisdiction, at the court’s discretion, and shall in either 257 case be considered a permanency option for the child. The order 258 terminating supervision by the department must set forth the 259 powers of the custodian of the child and include the powers 260 ordinarily granted to a guardian of the person of a minor unless 261 otherwise specified. Upon the court’s termination of supervision 262 by the department, further judicial reviews are not required if 263 permanency has been established for the child. 264 4. Determine whether the child has a strong attachment to 265 the prospective permanent guardian and whether the guardian has 266 a strong commitment to permanently caring for the child. 267 Section 5. Paragraph (f) is added to subsection (1) of 268 section 39.6221, Florida Statutes, to read: 269 39.6221 Permanent guardianship of a dependent child.— 270 (1) If a court determines that reunification or adoption is 271 not in the best interest of the child, the court may place the 272 child in a permanent guardianship with a relative or other adult 273 approved by the court if all of the following conditions are 274 met: 275 (f) The child demonstrates a strong attachment to the 276 prospective permanent guardian and the guardian has a strong 277 commitment to permanently caring for the child. 278 Section 6. Section 39.6225, Florida Statutes, is created to 279 read: 280 39.6225 Guardianship Assistance Program.— 281 (1) The department shall establish and operate the 282 Guardianship Assistance Program to provide guardianship 283 assistance payments to relatives, nonrelatives, next of kin, and 284 fictive kin who meet the eligibility requirements established in 285 this section. The program shall take effect July 1, 2019. For 286 purposes of administering the program, the term: 287 (a) “Child” means an individual who has not attained 21 288 years of age. 289 (b) “Young adult” means an individual who has attained 18 290 years of age but who has not attained 21 years of age. 291 (2) To approve an application for the program, the 292 department must determine that all of the following requirements 293 have been met: 294 (a) The child’s placement with the prospective permanent 295 guardian has been approved by the court. 296 (b) The court has granted legal custody to the guardian 297 pursuant to s. 39.521 or s. 39.522. 298 (c) The guardian has been licensed to care for the child as 299 provided in s. 409.175. 300 (d) The child was eligible for foster care room and board 301 payments pursuant to s. 409.145 for at least 6 consecutive 302 months while the child resided in the home of the guardian and 303 the guardian was licensed as a foster parent. 304 (3) A guardian who has entered into a guardianship 305 agreement for a dependent child may also receive guardianship 306 assistance payments for a dependent sibling of that dependent 307 child as a result of a court’s determination in regard to the 308 sibling of child abuse, neglect, or abandonment and subsequent 309 placement of the child with the relative under this part. 310 (4) The department shall complete an annual redetermination 311 of eligibility for recipients of guardianship assistance 312 benefits. If the department determines that a recipient is no 313 longer eligible for guardianship assistance benefits, the 314 benefits must be terminated. 315 (5) Guardianship assistance benefits shall be terminated 316 if: 317 (a) The child is absent from the home of the guardian for a 318 period of at least 60 consecutive calendar days, unless the 319 child: 320 1. Is absent due to medical care, school attendance, 321 runaway status, or detention in a Department of Juvenile Justice 322 facility; and 323 2. Continues to be under the care and custody of the 324 guardian; or 325 (b) The court modifies the placement of the child and the 326 guardian is no longer eligible to receive guardianship 327 assistance benefits. 328 (6) A guardian who has met the requirements of subsection 329 (2) and is caring for a child placed with the guardian by the 330 court pursuant to this part may receive a guardianship 331 assistance payment based on the following criteria: 332 (a) Children with an approved program application are 333 eligible for guardianship assistance payments. 334 (b) Children receiving cash benefits through the program 335 are not eligible to simultaneously receive relative caregiver 336 benefits, postsecondary education services and supports under s. 337 409.1451, or child-only cash assistance under chapter 414. 338 (c) Guardianship assistance payments are not contingent 339 upon continued residency in the state. Guardianship assistance 340 payments must continue for court-approved permanent guardians 341 who move out of state and continue to meet the requirements of 342 this subsection and as specified in department rule. Relicensure 343 of the out-of-state guardian’s home is not required for 344 continuity of payments. 345 (d) Guardianship assistance payments for a child from 346 another state who is placed with a guardian in this state are 347 the responsibility of the other state. 348 (e) The department shall provide guardianship assistance 349 payments in the amount of $4,000 annually, paid on a monthly 350 basis, or in an amount other than $4,000 annually as determined 351 by the guardian and the department and documented in a written 352 agreement between the guardian and the department. The agreement 353 must take into consideration the circumstances of the guardian 354 and the needs of the child. Changes may not be made without the 355 concurrence of the guardian. However, in no case shall the 356 amount of the monthly payment exceed the foster care maintenance 357 payment that would have been paid during the same period if the 358 child had been in licensed care at his or her designated level 359 of care at the rate established in s. 409.145(4). 360 (f) Payments made pursuant to this section shall cease when 361 the child attains 18 years of age. 362 (7) The department shall provide guardianship nonrecurring 363 payments of up to $2,000 for expenses associated with the 364 guardian obtaining permanent guardianship of the child pursuant 365 to s. 39.6221. 366 (a) Such expenses include reasonable and necessary fees to 367 obtain guardianship and may include the cost of a home study, 368 court costs, attorney fees, physical and psychological 369 examinations, and other expenses directly related to the legal 370 guardianship of the child. 371 (b) Such payments are also available for siblings placed in 372 the same home as the child. 373 (8) The department may use appropriate and available state 374 and federal funds to operate the program. 375 (9) A child who is living with a caregiver and receiving 376 assistance under this section is eligible for Medicaid coverage 377 until he or she is 18 years of age. This subsection does not 378 apply to a child who is eligible under subsection (7) and for 379 whom guardianship nonrecurring payments are being made. 380 (10) Guardianship assistance payments shall only be made 381 for a young adult whose permanent guardian entered into a 382 guardianship assistance agreement after the child attained 16 383 years of age but before the child attained 18 years of age if 384 the young adult is: 385 (a) Completing secondary education or a program leading to 386 an equivalent credential; 387 (b) Enrolled in an institution that provides postsecondary 388 or vocational education; 389 (c) Participating in a program or activity designed to 390 promote or eliminate barriers to employment; 391 (d) Employed for at least 80 hours per month; or 392 (e) Unable to participate in programs or activities listed 393 in paragraphs (a)-(d) full time due to a physical, intellectual, 394 emotional, or psychiatric condition that limits participation. 395 Any such barrier to participation must be supported by 396 documentation in the child’s case file or school or medical 397 records. 398 (11) The case plan must describe the following for each 399 child with a permanency goal of permanent guardianship in which 400 the guardian is in receipt of guardianship assistance payments: 401 (a) The manner in which the child meets program eligibility 402 requirements. 403 (b) The manner in which the agency determined that 404 reunification or adoption is not appropriate. 405 (c) Efforts to discuss adoption with the child’s permanent 406 guardian. 407 (d) Efforts to discuss guardianship assistance with the 408 child’s parent or the reasons why efforts were not made. 409 (e) The reasons why a permanent placement with the 410 prospective guardian is in the best interest of the child. 411 (f) The reasons why the child is separated from his or her 412 siblings during placement, if applicable. 413 (g) Efforts to consult the child, if the child is 14 years 414 of age or older, regarding the permanent guardianship 415 arrangement. 416 (12) The department shall adopt rules to administer the 417 program. 418 Section 7. Paragraph (b) of subsection (6) and subsection 419 (7) of section 39.6251, Florida Statutes, are amended to read: 420 39.6251 Continuing care for young adults.— 421 (6) A young adult who is between the ages of 18 and 21 and 422 who has left care may return to care by applying to the 423 community-based care lead agency for readmission. The community 424 based care lead agency shall readmit the young adult if he or 425 she continues to meet the eligibility requirements in this 426 section. 427 (b) Within 30 days after the young adult has been 428 readmitted to care, the community-based care lead agency shall 429 assign a case manager to update the case plan and the transition 430 plan and to arrange for the required services. Updates to the 431 case plan and the transition plan and arrangements for the 432 required servicesSuch activitiesshall be undertaken in 433 consultation with the young adult. The department shall petition 434 the court to reinstate jurisdiction over the young adult. 435 Notwithstanding s. 39.013(2), the court shall resume 436 jurisdiction over the young adult if the department establishes 437 that he or she continues to meet the eligibility requirements in 438 this section. 439 (7) During each period of time that a young adult is in 440 care, the community-based lead agency shall provide regular case 441 management reviews that must include at least monthly contact 442 with the case manager.If a young adult lives outside the443service area of his or her community-based care lead agency,444monthly contact may occur by telephone.445 Section 8. Subsection (4) of section 409.145, Florida 446 Statutes, is amended to read: 447 409.145 Care of children; quality parenting; “reasonable 448 and prudent parent” standard.—The child welfare system of the 449 department shall operate as a coordinated community-based system 450 of care which empowers all caregivers for children in foster 451 care to provide quality parenting, including approving or 452 disapproving a child’s participation in activities based on the 453 caregiver’s assessment using the “reasonable and prudent parent” 454 standard. 455 (4) FOSTER CAREPARENTROOM AND BOARD RATES.— 456 (a) Effective July 1, 2019, level I family foster homes 457 shall receive a monthly room and board rate of $333. 458 (b)(a)Effective July 1, 2019, level II family foster homes 459 shall receiveJanuary 1,2014,room and board ratespaid to460foster parents areas follows: 461 462 Monthly Foster Care Rate 463 0-5 YearsAge 6-12 YearsAge 13-21 YearsAge 464 $448.63$429$460.02$440$538.43$515465 (c)(b)Level II through level V family foster homesparents466 shall receive an annual cost of living increase. The department 467 shall calculate the new room and board rate increase equal to 468 the percentage change in the Consumer Price Index for All Urban 469 Consumers, U.S. City Average, All Items, not seasonally 470 adjusted, or successor reports, for the preceding December 471 compared to the prior December as initially reported by the 472 United States Department of Labor, Bureau of Labor Statistics. 473 The department shall make available the adjusted room and board 474 rates annually. 475 (d)(c)The amount of the monthly foster care room and board 476 rate may be increased upon agreement among the department, the 477 community-based care lead agency, and the foster parent. 478 (e)(d)Community-based care lead agencies providing care 479 under contract with the department shall pay a supplemental room 480 and board payment to level II through level V family foster 481 homescare parentsfor providing independent life skills and 482 normalcy supports to children who are 13 through 17 years of age 483 placed in their care. The supplemental payment shall be paid 484 monthly to the level II through level V family foster homescare485parentson a per-child basis in addition to the current monthly 486 room and board rate payment. The supplemental monthly payment 487 shall be based on 10 percent of the monthly room and board rate 488 for children 13 through 21 years of age as provided under this 489 section and adjusted annually. 490 Section 9. Subsections (4) and (5) of section 409.166, 491 Florida Statutes, are amended to read: 492 409.166 Children within the child welfare system; adoption 493 assistance program.— 494 (4) ADOPTION ASSISTANCE.— 495 (a) For purposes of administering payments under paragraph 496 (d), the term: 497 1. “Child” means an individual who has not attained 21 498 years of age. 499 2. “Young adult” means an individual who has attained 18 500 years of age but who has not attained 21 years of age. 501 (b)(a)A maintenance subsidy shall be granted only when all 502 other resources available to a child have been thoroughly 503 explored and it can be clearly established that this is the most 504 acceptable plan for providing permanent placement for the child. 505 The maintenance subsidy may not be used as a substitute for 506 adoptive parent recruitment or as an inducement to adopt a child 507 who might be placed without providing a subsidy. However, it 508 shall be the policy of the department that no child be denied 509 adoption if providing a maintenance subsidy would make adoption 510 possible. The best interest of the child shall be the deciding 511 factor in every case. This section does not prohibit foster 512 parents from applying to adopt a child placed in their care. 513 Foster parents or relative caregivers must be asked if they 514 would adopt without a maintenance subsidy. 515 (c)(b)The department shall provide adoption assistance to 516 the adoptive parents, subject to specific appropriation, in the 517 amount of $5,000 annually, paid on a monthly basis, for the 518 support and maintenance of a child until the 18th birthday of 519 such child or in an amount other than $5,000 annually as 520 determined by the adoptive parents and the department and 521 memorialized in a written agreement between the adoptive parents 522 and the department. The agreement shall take into consideration 523 the circumstances of the adoptive parents and the needs of the 524 child being adopted. The amount of subsidy may be adjusted based 525 upon changes in the needs of the child or circumstances of the 526 adoptive parents. Changes mayshallnot be made without the 527 concurrence of the adoptive parents. However, in no case shall 528 the amount of the monthly payment exceed the foster care 529 maintenance payment that would have been paid during the same 530 period if the child had been in a foster family home. 531 (d) Effective January 1, 2019, adoption assistance payments 532 may be made for a child whose adoptive parent entered into an 533 adoption assistance agreement after the child reached 16 years 534 of age but before the child reached 18 years of age if the child 535 is: 536 1. Completing secondary education or a program leading to 537 an equivalent credential; 538 2. Enrolled in an institution that provides postsecondary 539 or vocational education; 540 3. Participating in a program or activity designed to 541 promote or eliminate barriers to employment; 542 4. Employed for at least 80 hours per month; or 543 5. Unable to participate in programs or activities listed 544 in subparagraphs 1.-4. full time due to a physical, 545 intellectual, emotional, or psychiatric condition that limits 546 participation. Any such barrier to participation must be 547 supported by documentation in the child’s case file or school or 548 medical records. 549 (e) A child or young adult receiving benefits through the 550 adoption assistance program is not eligible to simultaneously 551 receive relative caregiver benefits under s. 39.5085 or 552 postsecondary education services and support under s. 409.1451. 553 (f)(c)The department may provide adoption assistance to 554 the adoptive parents, subject to specific appropriation, for 555 medical assistance initiated after the adoption of the child for 556 medical, surgical, hospital, and related services needed as a 557 result of a physical or mental condition of the child which 558 existed before the adoption and is not covered by Medicaid, 559 Children’s Medical Services, or Children’s Mental Health 560 Services. Such assistance may be initiated at any time but shall 561 terminate on or before the child’s 18th birthday. 562 (5) ELIGIBILITY FOR SERVICES.— 563 (a) As a condition of providing adoption assistance under 564 this section and before the adoption is finalized, the adoptive 565 parents must have an approved adoption home study and must enter 566 into an adoption-assistance agreement with the department which 567 specifies the financial assistance and other services to be 568 provided. 569 (b) A child who is handicapped at the time of adoption is 570shall beeligible for services through the Children’s Medical 571 Services network established under part I of chapter 391 if the 572 child was eligible for such services beforeprior tothe 573 adoption. 574 Section 10. Subsection (3) of section 409.1678, Florida 575 Statutes, is amended to read: 576 409.1678 Specialized residential options for children who 577 are victims of commercial sexual exploitation.— 578 (3) SERVICES WITHIN A RESIDENTIAL TREATMENT CENTER OR 579 HOSPITAL.—Residential treatment centers licensed under s. 580 394.875, and hospitals licensed under chapter 395 that provide 581 residential mental health treatment, shall provide specialized 582 treatment for commercially sexually exploited children in the 583 custody of the department who are placed in these facilities 584 pursuant to s. 39.407(6), s. 394.4625, or s. 394.467 and. The585specialized treatment must meet the requirements of586subparagraphs (2)(c)1. and 3.-7., paragraph (2)(d), and the587department’s treatment standards adopted pursuant to this588section. The facilitiesshall ensure that children are served in 589 single-sex groups and that staff working with such children are 590 adequately trained in the effects of trauma and sexual 591 exploitation, the needs of child victims of commercial sexual 592 exploitation, and how to address those needs using strength 593 based and trauma-informed approaches. 594 Section 11. Subsections (2), (4), (5), (6), and (14) of 595 section 409.175, Florida Statutes, are amended to read: 596 409.175 Licensure of family foster homes, residential 597 child-caring agencies, and child-placing agencies; public 598 records exemption.— 599 (2) As used in this section, the term: 600 (a) “Agency” means a residential child-caring agency or a 601 child-placing agency. 602 (b) “Boarding school” means a school that is registered 603 with the Department of Education as a school that provides a 604 residential service for students and that is either: 605 1. Accredited for academic programs by the Florida Council 606 of Independent Schools, the Southern Association of Colleges and 607 Schools, an accrediting association that is a member of the 608 National Council for Private School Accreditation, or an 609 accrediting association that is a member of the Florida 610 Association of Academic Nonpublic Schools, and that is 611 accredited for residential programs by the Council on 612 Accreditation, the Commission on Accreditation of Rehabilitation 613 Facilities, or the Coalition for Residential Education; or 614 2. Accredited by one of the organizations specified in 615 subparagraph 1. as a boarding school that includes both an 616 academic and residential component in its accreditation. 617 (c) “Child” means any unmarried person under the age of 18 618 years. 619 (d) “Child-placing agency” means any person, corporation, 620 or agency, public or private, other than the parent or legal 621 guardian of the child or an intermediary acting pursuant to 622 chapter 63, that receives a child for placement and places or 623 arranges for the placement of a child in a family foster home, 624 residential child-caring agency, or adoptive home. 625 (e) “Family foster home” means a private residence in which 626 children who are unattended by a parent or legal guardian are 627 provided 24-hour care. The term does not include an adoptive 628 home that has been approved by the department or a licensed 629 child-placing agency for children placed for adoptionSuch homes630include emergency shelter family homes and specialized foster631homes for children with special needs. A person who cares for a632child of a friend for a period not to exceed 90 days, a relative633who cares for a child and does not receive reimbursement for634such care from the state or federal government, or an adoptive635home which has been approved by the department or by a licensed636child-placing agency for children placed for adoption is not637considered a family foster home. 638 (f) “License” means “license” as defined in s. 120.52(10). 639 A license under this section is issued to a family foster home 640 or other facility and is not a professional license of any 641 individual. Receipt of a license under this section doesshall642 not create a property right in the recipient. A license under 643 this act is a public trust and a privilege, and is not an 644 entitlement. This privilege must guide the finder of fact or 645 trier of law at any administrative proceeding or court action 646 initiated by the department. 647 (g) “Licensing home study” means a documented assessment, 648 as defined by department rule, to determine the safety and 649 appropriateness of any 24-hour living arrangement for a child 650 who is unattended by a parent or legal guardian. A primary 651 caregiver issued a license for a specific child may apply for a 652 waiver of the non-safety-related and non-health-related elements 653 of a licensing home study under the Guardianship Assistance 654 Program established in s. 39.6225. 655 (h)(g)“Operator” means any onsite person ultimately 656 responsible for the overall operation of a child-placing agency, 657 family foster home, or residential child-caring agency, whether 658 or not she or he is the owner or administrator of such an agency 659 or home. 660 (i)(h)“Owner” means the person who is licensed to operate 661 the child-placing agency, family foster home, or residential 662 child-caring agency. 663 (j)(i)“Personnel” means all owners, operators, employees, 664 and volunteers working in a child-placing agency, family foster 665 home, or residential child-caring agency who may be employed by 666 or do volunteer work for a person, corporation, or agency that 667 holds a license as a child-placing agency or a residential 668 child-caring agency, but the term does not include those who do 669 not work on the premises where child care is furnished and have 670 no direct contact with a child or have no contact with a child 671 outside of the presence of the child’s parent or guardian. For 672 purposes of screening, the term includes any member, over the 673 age of 12 years, of the family of the owner or operator or any 674 person other than a client, over the age of 12 years, residing 675 with the owner or operator if the agency or family foster home 676 is located in or adjacent to the home of the owner or operator 677 or if the family member of, or person residing with, the owner 678 or operator has any direct contact with the children. Members of 679 the family of the owner or operator, or persons residing with 680 the owner or operator, who are between the ages of 12 years and 681 18 years are not required to be fingerprinted, but must be 682 screened for delinquency records. For purposes of screening, the 683 term also includes owners, operators, employees, and volunteers 684 working in summer day camps, or summer 24-hour camps providing 685 care for children. A volunteer who assists on an intermittent 686 basis for less than 10 hours per month mayshallnot be included 687 in the term “personnel” for the purposes of screening if a 688 person who meets the screening requirement of this section is 689 always present and has the volunteer in his or her line of 690 sight. 691 (k) “Placement screening” means the act of assessing the 692 background of household members in the family foster home and 693 includes, but is not limited to, criminal history checks as 694 provided in s. 39.0138 using the standards for screening set 695 forth in that section. The term “household member” means any 696 member of the family or any person, other than the child being 697 placed, over the age of 12 years who resides with the owner of 698 the family foster home if such member or person has any direct 699 contact with the child. Household members who are between the 700 ages of 12 and 18 years are not required to be fingerprinted but 701 must be screened for delinquency records. 702 (l)(j)“Residential child-caring agency” means any person, 703 corporation, or agency, public or private, other than the 704 child’s parent or legal guardian, that provides staffed 24-hour 705 care for children in facilities maintained for that purpose, 706 regardless of whether operated for profit or whether a fee is 707 charged. Such residential child-caring agencies include, but are 708 not limited to, maternity homes, runaway shelters, group homes 709 that are administered by an agency, emergency shelters that are 710 not in private residences, and wilderness camps. Residential 711 child-caring agencies do not include hospitals, boarding 712 schools, summer or recreation camps, nursing homes, or 713 facilities operated by a governmental agency for the training, 714 treatment, or secure care of delinquent youth, or facilities 715 licensed under s. 393.067 or s. 394.875 or chapter 397. 716 (m)(k)“Screening” means the act of assessing the 717 background of personnel and includes, but is not limited to, 718 employment history checks as provided in chapter 435, using the 719 level 2 standards for screening set forth in that chapter. 720 (n) “Severe disability” means a physical, developmental, or 721 cognitive limitation affecting an individual’s ability to safely 722 submit fingerprints. 723 (o)(l)“Summer day camp” means recreational, educational, 724 and other enrichment programs operated during summer vacations 725 for children who are 5 years of age on or before September 1 and 726 older. 727 (p)(m)“Summer 24-hour camp” means recreational, 728 educational, and other enrichment programs operated on a 24-hour 729 basis during summer vacation for children who are 5 years of age 730 on or before September 1 and older, that are not exclusively 731 educational. 732 (4)(a) A person, family foster home, or residential child 733 caring agency may not provide continuing full-time child care or 734 custody unless such person, home, or agency has first procured a 735 license from the department to provide such care. This 736 requirement does not apply to a person who is a relative of the 737 child by blood, marriage, or adoption, a permanent guardian 738 established under s. 39.6221, a licensed child-placing agency, 739 or an intermediary for the purposes of adoption pursuant to 740 chapter 63. A guardian who is applying for the Guardianship 741 Assistance Program established in s. 39.6225 must apply for a 742 license with the department as part of the eligibility 743 requirements for the program. 744 (b) A person or agency, other than a parent or legal 745 guardian of the child or an intermediary as defined in s. 746 63.032, mayshallnot place or arrange for the placement of a 747 child in a family foster home, residential child-caring agency, 748 or adoptive home unless such person or agency has first procured 749 a license from the department to do so. 750 (c) A state, county, city, or political subdivision may 751shallnot operate a residential group care agency, or receive 752 children for placement in residential group care facilities, 753 family foster homes, or adoptive homes without a license issued 754 pursuant to this section. 755 (d) This license requirement does not apply to boarding 756 schools, recreation and summer camps, nursing homes, hospitals, 757 or to persons who care for children of friends or neighbors in 758 their homes for periods not to exceed 90 days or to persons who 759 have received a child for adoption from a licensed child-placing 760 agency. 761 (e) The department or licensed child-placing agency may 762 place a 16-year-old child or 17-year-old child in her or his own 763 unlicensed residence, or in the unlicensed residence of an adult 764 who has no supervisory responsibility for the child, provided 765 the department or licensed child-placing agency retains 766 supervisory responsibility for the child. 767 (5)(a)The department shall adopt and amendlicensingrules 768 for the levels of licensed care associated with the licensure of 769 family foster homes, residential child-caring agencies, and 770 child-placing agencies. The rules may also include criteria to 771 approve waivers of licensing requirements for such homes and 772 agencies when applying for a child-specific license. 773 (a) Family foster homes shall be classified by levels of 774 licensure, as follows: 775 1. Level I.— 776 a. Level I family foster homes are child-specific foster 777 homes. 778 b. The caregiver of a level I family foster home must meet 779 all licensing requirements pursuant to paragraph (b). However, 780 requirements not directly related to safety may be waived. 781 2. Level II.— 782 a. Level II family foster homes are non-child-specific 783 foster homes. 784 b. The caregiver of a level II family foster home must meet 785 all licensing requirements pursuant to paragraph (b). 786 3. Level III.— 787 a. Level III family foster homes are safe foster homes for 788 victims of human trafficking. 789 b. The caregiver of a level III family foster home must 790 meet all licensing requirements pursuant to paragraph (b) and 791 all certification requirements pursuant to s. 409.1678. 792 4. Level IV.— 793 a. Level IV family foster homes are therapeutic foster 794 homes. 795 b. The caregiver of a level IV family foster home must meet 796 all licensing requirements pursuant to paragraph (b) and all 797 certification requirements established by rule by the Agency for 798 Health Care Administration. 799 5. Level V.— 800 a. Level V family foster homes are medical foster homes. 801 b. The caregiver of a level V family foster home must meet 802 all licensing requirements pursuant to paragraph (b) and all 803 certification requirements established by rule by the Agency for 804 Health Care AdministrationThe department may also adopt rules805relating to the screening requirements for summer day camps and806summer 24-hour camps. 807 (b) The requirements for licensure and operation of family 808 foster homes, residential child-caring agencies, and child 809 placing agencies shall include: 810 1. The operation, conduct, and maintenance of these homes 811 and agencies and the responsibility which they assume for 812 children served and the evidence of need for that service. 813 2. The provision of food, clothing, educational 814 opportunities, services, equipment, and individual supplies to 815 assure the healthy physical, emotional, and mental development 816 of the children served. 817 3. The appropriateness, safety, cleanliness, and general 818 adequacy of the premises, including fire prevention and health 819 standards, to provide for the physical comfort, care, and well 820 being of the children served. 821 4. The ratio of staff to children required to provide 822 adequate care and supervision of the children served and, in the 823 case of foster homes, the maximum number of children in the 824 home. 825 5. The good moral character based upon screening, 826 education, training, and experience requirements for personnel. 827 6. The department may grant exemptions from 828 disqualification from working with children or the 829 developmentally disabled as provided in s. 435.07. 830 7. The provision of preservice and inservice training for 831 all foster parents and agency staff. 832 8. Satisfactory evidence of financial ability to provide 833 care for the children in compliance with licensing requirements. 834 9. The maintenance by the agency of records pertaining to 835 admission, progress, health, and discharge of children served, 836 including written case plans and reports to the department. 837 10. The provision for parental involvement to encourage 838 preservation and strengthening of a child’s relationship with 839 the family. 840 11. The transportation safety of children served. 841 12. The provisions for safeguarding the cultural, 842 religious, and ethnic values of a child. 843 13. Provisions to safeguard the legal rights of children 844 served. 845 (c)(b)The requirements for the licensure and operation of 846 a child-placing agency shall also include compliance with the 847 requirements of ss. 63.0422 and 790.335. 848 (d)(c)The department shall randomly drug test a licensed 849 foster parent if there is a reasonable suspicion that he or she 850 is using illegal drugs. The cost of testing shall be paid by the 851 foster parent but shall be reimbursed by the department if the 852 test is negative. The department may adopt rules necessary to 853 administer this paragraph. 854 (e)(d)In adoptingpromulgatinglicensing rules pursuant to 855 this section, the department may make distinctions among types 856 of care; numbers of children served; and the physical, mental, 857 emotional, and educational needs of the children to be served by 858 a home or agency. 859 (f)(e)The department mayshallnot adopt rules which 860 interfere with the free exercise of religion or which regulate 861 religious instruction or teachings in any child-caring or child 862 placing home or agency. This section may not; however, nothing863herein shallbe construed to allow religious instruction or 864 teachings that are inconsistent with the health, safety, or 865 well-being of any child; with public morality; or with the 866 religious freedom of children, parents, or legal guardians who 867 place their children in such homes or agencies. 868 (g)(f)The department’s rules shall include adoption of a 869 form to be used by child-placing agencies during an adoption 870 home study that requires all prospective adoptive applicants to 871 acknowledge in writing the receipt of a document containing 872 solely and exclusively the language provided for in s. 790.174 873 verbatim. 874 (6)(a) An application for a license shall be made on forms 875 provided, and in the manner prescribed, by the department. The 876 department shall make a determination as to the good moral 877 character of the applicant based upon screening. Adult household 878 members with severe disabilities may be granted an exemption 879 from fingerprinting requirements pursuant to s. 39.0138. 880 (b) Upon application, the department shall conduct a 881 licensing study based on its licensing rules; shall inspect the 882 home or the agency and the records, including financial records, 883 of the agency; and shall interview the applicant. The department 884 may authorize a licensed child-placing agency to conduct the 885 licensing study of a family foster home to be used exclusively 886 by that agency and to verify to the department that the home 887 meets the licensing requirements established by the department. 888 Upon certification by a licensed child-placing agency that a 889 family foster home meets the licensing requirements and upon 890 receipt of a letter from a community-based care lead agency in 891 the service area where the home will be licensed which indicates 892 that the family foster home meets the criteria established by 893 the lead agency, the department shall issue the license. A 894 letter from the lead agency is not required if the lead agency 895 where the proposed home is located is directly supervising 896 foster homes in the same service area. 897 (c) A licensed family foster home, child-placing agency, or 898 residential child-caring agency which applies for renewal of its 899 license shall submit to the department a list of personnel who 900 have worked on a continuous basis at the applicant family foster 901 home or agency since submitting fingerprints to the department, 902 identifying those for whom a written assurance of compliance was 903 provided by the department and identifying those personnel who 904 have recently begun working at the family foster home or agency 905 and are awaiting the results of the required fingerprint check, 906 along with the date of the submission of those fingerprints for 907 processing. The department shall by rule determine the frequency 908 of requests to the Department of Law Enforcement to run state 909 criminal records checks for such personnel except for those 910 personnel awaiting the results of initial fingerprint checks for 911 employment at the applicant family foster home or agency. 912 (d)1. The department may pursue other remedies provided in 913 this section in addition to denial or revocation of a license 914 for failure to comply with the screening requirements. The 915 disciplinary actions determination to be made by the department 916 and the procedure for hearing for applicants and licensees shall 917 be in accordance with chapter 120. 918 2. When the department has reasonable cause to believe that 919 grounds for denial or termination of employment exist, it shall 920 notify, in writing, the applicant, licensee, or summer or 921 recreation camp, and the personnel affected, stating the 922 specific record that indicates noncompliance with the screening 923 requirements. 924 3. Procedures established for hearing under chapter 120 925 shall be available to the applicant, licensee, summer day camp, 926 or summer 24-hour camp, and affected personnel, in order to 927 present evidence relating either to the accuracy of the basis 928 for exclusion or to the denial of an exemption from 929 disqualification. Such procedures may also be used to challenge 930 a decision by a community-based care lead agency’s refusal to 931 issue a letter supporting an application for licensure. If the 932 challenge is to the actions of the community-based care lead 933 agency, the respondent to the challenge shall be the lead agency 934 and the department shall be notified of the proceedings. 935 4. Refusal on the part of an applicant to dismiss personnel 936 who have been found not to be in compliance with the 937 requirements for good moral character of personnel shall result 938 in automatic denial or revocation of license in addition to any 939 other remedies provided in this section which may be pursued by 940 the department. 941 (e) At the request of the department, the local county 942 health department shall inspect a home or agency according to 943 the licensing rules promulgated by the department. Inspection 944 reports shall be furnished to the department within 30 days of 945 the request. Such an inspection shall only be required when 946 called for by the licensing agency. 947 (f) All residential child-caring agencies must meet 948 firesafety standards for such agencies adopted by the Division 949 of State Fire Marshal of the Department of Financial Services 950 and must be inspected annually. At the request of the 951 department, firesafety inspections shall be conducted by the 952 Division of State Fire Marshal or a local fire department 953 official who has been certified by the division as having 954 completed the training requirements for persons inspecting such 955 agencies. Inspection reports shall be furnished to the 956 department within 30 days of a request. 957 (g) In the licensing process, the licensing staff of the 958 department shall provide consultation on request. 959 (h) Upon determination that the applicant meets the state 960 minimum licensing requirements and has obtained a letter from a 961 community-based care lead agency which indicates that the family 962 foster home meets the criteria established by the lead agency, 963 the department shall issue a license without charge to a 964 specific person or agency at a specific location. A license may 965 be issued if all the screening materials have been timely 966 submitted; however, a license may not be issued or renewed if 967 any person at the home or agency has failed the required 968 screening. The license is nontransferable. A copy of the license 969 shall be displayed in a conspicuous place. Except as provided in 970 paragraph (j), the license is valid for 1 year from the date of 971 issuance, unless the license is suspended or revoked by the 972 department or is voluntarily surrendered by the licensee. The 973 license is the property of the department. 974 (i) The issuance of a license to operate a family foster 975 home or agency does not require a lead agency to place a child 976 with the home or agency. A license issued for the operation of a 977 family foster home or agency, unless sooner suspended, revoked, 978 or voluntarily returned, will expire automatically 1 year from 979 the date of issuance except as provided in paragraph (j). Ninety 980 days beforeprior tothe expiration date, an application for 981 renewal shall be submitted to the department by a licensee who 982 wishes to have the license renewed. A license shall be renewed 983 upon the filing of an application on forms furnished by the 984 department if the applicant has first met the requirements 985 established under this section and the rules promulgated 986 hereunder. 987 (j) Except for a family foster group home having a licensed 988 capacity for more than five children, the department may issue a 989 license that is valid for longer than 1 year but no longer than 990 3 years to a family foster home that: 991 1. Has maintained a license with the department as a family 992 foster home for at least the 3 previous consecutive years; 993 2. Remains in good standing with the department; and 994 3. Has not been the subject of a report of child abuse or 995 neglect with any findings of maltreatment. 996 997 A family foster home that has been issued a license valid for 998 longer than 1 year must be monitored and visited as frequently 999 as one that has been issued a 1-year license. The department 1000 reserves the right to reduce a licensure period to 1 year at any 1001 time. 1002 (k) The department may not license summer day camps or 1003 summer 24-hour camps. However, the department shall have access 1004 to the personnel records of such facilities to ensure compliance 1005 with the screening requirements. The department may adopt rules 1006 relating to the screening requirements for summer day camps and 1007 summer 24-hour camps. 1008 (14)(a) In order to provide improved services to children, 1009 the department shall provide or cause to be provided preservice 1010 training for prospective foster parentsand emergency shelter1011parentsand inservice training for foster parentsand emergency1012shelter parentswho are licensed and supervised by the 1013 department. 1014 (b) As a condition of licensure, foster parentsand1015emergency shelter parentsshall successfully complete a minimum 1016 of 21 hours of preservice training. The preservice training 1017 shall be uniform statewide and shall include, but not be limited 1018 to, such areas as: 1019 1. Orientation regarding agency purpose, objectives, 1020 resources, policies, and services; 1021 2. Role of the foster parentand the emergency shelter1022parentas a treatment team member; 1023 3. Transition of a child into and out of foster careand1024emergency shelter care, including issues of separation, loss, 1025 and attachment; 1026 4. Management of difficult child behavior that can be 1027 intensified by placement, by prior abuse or neglect, and by 1028 prior placement disruptions; 1029 5. Prevention of placement disruptions; 1030 6. Care of children at various developmental levels, 1031 including appropriate discipline; and 1032 7. Effects of foster parenting on the family of the foster 1033 parentand the emergency shelter parent. 1034 (c) In consultation with foster parents, each region 1035districtor lead agency shall develop a plan for making the 1036 completion of the required training as convenient as possible 1037 for potential foster parentsand emergency-shelter parents. The 1038 plan should include, without limitation, such strategies as 1039 providing training in nontraditional locations and at 1040 nontraditional times. The plan must be revised at least annually 1041 and must be included in the information provided to each person 1042 applying to become a foster parentor emergency-shelter parent. 1043 (d) BeforePrior tolicensure renewal, each level II 1044 through level V foster parentand emergency shelter parentshall 1045 successfully complete 8 hours of inservice training. Each level 1046 I foster parent shall successfully complete 4 hours of inservice 1047 training. Periodic time-limited training courses shall be made 1048 available for selective use by foster parentsand emergency1049shelter parents. Such inservice training shall include subjects 1050 affecting the daily living experiences of foster parenting as a 1051 foster parentor as an emergency shelter parent, whichever is1052appropriate. For a foster parentor emergency shelter parent1053 participating in the required inservice training, the department 1054 shall reimburse such parent for travel expenditures and, if both 1055 parents in a home are attending training or if the absence of 1056 the parent would leave the children without departmentally 1057 approved adult supervision,eitherthe department shall make 1058 provision for child care or shall reimburse the fosteror1059emergency shelterparents for child care purchased by the 1060 parents for children in their care. 1061 Section 12. Subsection (1) of section 39.302, Florida 1062 Statutes, is amended to read: 1063 39.302 Protective investigations of institutional child 1064 abuse, abandonment, or neglect.— 1065 (1) The department shall conduct a child protective 1066 investigation of each report of institutional child abuse, 1067 abandonment, or neglect. Upon receipt of a report that alleges 1068 that an employee or agent of the department, or any other entity 1069 or person covered by s. 39.01(37) or (54)s. 39.01(32) or (48), 1070 acting in an official capacity, has committed an act of child 1071 abuse, abandonment, or neglect, the department shall initiate a 1072 child protective investigation within the timeframe established 1073 under s. 39.201(5) and notify the appropriate state attorney, 1074 law enforcement agency, and licensing agency, which shall 1075 immediately conduct a joint investigation, unless independent 1076 investigations are more feasible. When conducting investigations 1077 or having face-to-face interviews with the child, investigation 1078 visits shall be unannounced unless it is determined by the 1079 department or its agent that unannounced visits threaten the 1080 safety of the child. If a facility is exempt from licensing, the 1081 department shall inform the owner or operator of the facility of 1082 the report. Each agency conducting a joint investigation is 1083 entitled to full access to the information gathered by the 1084 department in the course of the investigation. A protective 1085 investigation must include an interview with the child’s parent 1086 or legal guardian. The department shall make a full written 1087 report to the state attorney within 3 working days after making 1088 the oral report. A criminal investigation shall be coordinated, 1089 whenever possible, with the child protective investigation of 1090 the department. Any interested person who has information 1091 regarding the offenses described in this subsection may forward 1092 a statement to the state attorney as to whether prosecution is 1093 warranted and appropriate. Within 15 days after the completion 1094 of the investigation, the state attorney shall report the 1095 findings to the department and shall include in the report a 1096 determination of whether or not prosecution is justified and 1097 appropriate in view of the circumstances of the specific case. 1098 Section 13. Paragraph (c) of subsection (1) of section 1099 39.6012, Florida Statutes, is amended to read: 1100 39.6012 Case plan tasks; services.— 1101 (1) The services to be provided to the parent and the tasks 1102 that must be completed are subject to the following: 1103 (c) If there is evidence of harm as defined in s. 1104 39.01(35)(g)s. 39.01(30)(g), the case plan must include as a 1105 required task for the parent whose actions caused the harm that 1106 the parent submit to a substance abuse disorder assessment or 1107 evaluation and participate and comply with treatment and 1108 services identified in the assessment or evaluation as being 1109 necessary. 1110 Section 14. Paragraph (p) of subsection (4) of section 1111 394.495, Florida Statutes, is amended to read: 1112 394.495 Child and adolescent mental health system of care; 1113 programs and services.— 1114 (4) The array of services may include, but is not limited 1115 to: 1116 (p) Trauma-informed services for children who have suffered 1117 sexual exploitation as defined in s. 39.01(77)(g)s.111839.01(71)(g). 1119 Section 15. Paragraph (b) of subsection (2) of section 1120 409.1676, Florida Statutes, is amended to read: 1121 409.1676 Comprehensive residential group care services to 1122 children who have extraordinary needs.— 1123 (2) As used in this section, the term: 1124 (b) “Residential group care” means a living environment for 1125 children who have been adjudicated dependent and are expected to 1126 be in foster care for at least 6 months with 24-hour-awake staff 1127 or live-in group home parents or staff. Each facility must be 1128 appropriately licensed in this state as a residential child 1129 caring agency as defined in s.409.175(2)(l)s. 409.175(2)(j)and 1130 must be accredited by July 1, 2005. A residential group care 1131 facility serving children having a serious behavioral problem as 1132 defined in this section must have available staff or contract 1133 personnel with the clinical expertise, credentials, and training 1134 to provide services identified in subsection (4). 1135 Section 16. Subsection (5) of section 960.065, Florida 1136 Statutes, is amended to read: 1137 960.065 Eligibility for awards.— 1138 (5) A person is not ineligible for an award pursuant to 1139 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 1140 person is a victim of sexual exploitation of a child as defined 1141 in s. 39.01(77)(g)s. 39.01(71)(g). 1142 Section 17. This act shall take effect July 1, 2018.