Bill Text: FL S1650 | 2019 | Regular Session | Comm Sub


Bill Title: Child Welfare

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced) 2019-04-29 - Laid on Table, companion bill(s) passed, see CS/HB 7099 (Ch. 2019-142), SB 2502 (Ch. 2019-116) [S1650 Detail]

Download: Florida-2019-S1650-Comm_Sub.html
       Florida Senate - 2019                      CS for CS for SB 1650
       
       
        
       By the Committees on Children, Families, and Elder Affairs; and
       Health Policy; and Senator Albritton
       
       
       
       
       586-04035A-19                                         20191650c2
    1                        A bill to be entitled                      
    2         An act relating to child welfare; creating s. 39.0012,
    3         F.S.; requiring the Department of Children and
    4         Families to establish a direct-support organization to
    5         assist the Children and Youth Cabinet with carrying
    6         out certain purposes and responsibilities; providing
    7         purposes and duties of the direct-support
    8         organization; providing for a board of directors;
    9         providing membership requirements; delineating
   10         contract and other governance requirements; providing
   11         for the future repeal of the direct-support
   12         organization; amending s. 39.01, F.S.; revising
   13         definitions; amending s. 39.201, F.S.; requiring the
   14         central abuse hotline to accept certain reports or
   15         calls for investigation for children who do not live
   16         in this state; requiring the Department of Children
   17         and Families to initiate an investigation when a
   18         report is received from an emergency room physician;
   19         amending s. 39.303, F.S.; expanding the types of
   20         reports that the department must refer to Child
   21         Protection Teams; amending s. 39.4015, F.S.; revising
   22         definitions; amending s. 39.402, F.S.; requiring that
   23         the order for placement of a child in shelter care
   24         contain a written finding specifying that the
   25         Department of Children and Families has placement and
   26         care responsibility for certain children; amending s.
   27         39.407, F.S.; authorizing certain advanced practice
   28         registered nurses to prescribe psychotropic
   29         medications to certain children; revising the time
   30         period within which a court must review a child’s
   31         residential treatment plan; amending s. 39.5085, F.S.;
   32         requiring information to be provided to relatives and
   33         nonrelatives regarding the Guardianship Assistance
   34         Program and the Relative Caregiver Program; amending
   35         s. 39.5086, F.S.; deleting the term “fictive kin”;
   36         amending s. 39.6225, F.S.; revising who the department
   37         must provide guardianship assistance payments to;
   38         defining the term “relative”; revising the
   39         requirements that must be met for approval of an
   40         application for the Guardianship Assistance Program;
   41         revising when guardianship assistance benefits must be
   42         terminated; conforming provisions to changes made by
   43         the act; amending s. 39.6251, F.S.; requiring a young
   44         adult in extended foster care to provide certain
   45         documentation or authorize release of certain records;
   46         revising permanency goals for young adults in extended
   47         foster care; requiring execution of a voluntary
   48         placement agreement under certain circumstances;
   49         requiring the department to adopt rules; amending s.
   50         39.701, F.S.; revising when a court must return a
   51         child to the custody of his or her parents after
   52         making certain determinations; requiring the court to
   53         enter certain orders if a young adult enters extended
   54         foster care; amending s. 402.56, F.S.; revising
   55         membership of the Children and Youth Cabinet; amending
   56         s. 409.1451, F.S.; authorizing certain financial
   57         awards to be disregarded when a young adult is
   58         applying for other federal assistance; amending s.
   59         409.175, F.S.; revising definitions; revising
   60         provisions related to the licensure of family foster
   61         homes and certain child-caring and child-placing
   62         agencies; requiring the department to post certain
   63         information on its website; deleting required numbers
   64         of training hours for foster parents; amending s.
   65         409.903, F.S.; revising eligibility for Medicaid
   66         coverage; amending s. 409.991, F.S.; revising a
   67         definition; amending s. 414.045, F.S.; revising
   68         eligibility for child-only funding; amending s.
   69         1009.25, F.S.; revising eligibility for tuition fee
   70         exemptions; providing an effective date.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Section 39.0012, Florida Statutes, is created to
   75  read:
   76         39.0012Direct-support organization.
   77         (1)The Department of Children and Families shall establish
   78  a direct-support organization to assist the Children and Youth
   79  Cabinet in carrying out its purposes and responsibilities
   80  primarily relating to fostering public awareness of children and
   81  youth issues and developing new partners in the effort to serve
   82  children and youth by raising money; submitting requests for and
   83  receiving grants from the Federal Government, the state or its
   84  political subdivisions, private foundations, and individuals;
   85  and making expenditures to or for the benefit of the cabinet.
   86  Such a direct-support organization is an organization that is:
   87         (a)Incorporated under chapter 617 and approved by the
   88  Department of State as a Florida corporation not for profit;
   89         (b)Organized and operated to make expenditures to or for
   90  the benefit of the cabinet; and
   91         (c)Approved by the department to be operating for the
   92  benefit of and in a manner consistent with the goals of the
   93  cabinet and in the best interest of the state.
   94         (2)The board of directors of the direct-support
   95  organization shall consist of seven members appointed by the
   96  Governor. Each member of the board of directors shall be
   97  appointed to a 4-year term.
   98         (3)The direct-support organization shall operate under
   99  written contract with the department.
  100         (4)All moneys received by the direct-support organization
  101  shall be deposited into an account of the direct-support
  102  organization and shall be used by the organization in a manner
  103  consistent with the goals of the cabinet.
  104         (5)This section is repealed October 1, 2024, unless
  105  reviewed and saved from repeal by the Legislature.
  106         Section 2. Subsection (37) of section 39.01, Florida
  107  Statutes, is amended to read:
  108         39.01 Definitions.—When used in this chapter, unless the
  109  context otherwise requires:
  110         (37) “Institutional child abuse or neglect” means
  111  situations of known or suspected child abuse or neglect in which
  112  the person allegedly perpetrating the child abuse or neglect is
  113  an employee of a public or private school, public or private day
  114  care center, residential home, institution, facility, or agency
  115  or any other person at such institution responsible for the
  116  child’s care as defined in this section subsection (54).
  117         Section 3. Paragraph (d) of subsection (2) of section
  118  39.201, Florida Statutes, is amended, and paragraph (l) is added
  119  to that subsection, to read:
  120         39.201 Mandatory reports of child abuse, abandonment, or
  121  neglect; mandatory reports of death; central abuse hotline.—
  122         (2)
  123         (d) If the report is of an instance of known or suspected
  124  child abuse, abandonment, or neglect which that occurred out of
  125  state and the alleged perpetrator and the child alleged to be a
  126  victim live out of state, the central abuse hotline may shall
  127  not accept the report or call for investigation unless the child
  128  is currently being evaluated in a medical facility in this
  129  state.
  130         1. If the child is currently being evaluated in a medical
  131  facility in this state, the central abuse hotline shall accept
  132  the report or call for investigation and shall transfer the
  133  information on the report or call to the appropriate state or
  134  country.
  135         2. If the child is not currently being evaluated in a
  136  medical facility in this state, the central abuse hotline, but
  137  shall transfer the information on the report to or call to the
  138  appropriate state or country.
  139         (l) The department shall initiate an investigation when it
  140  receives a report from an emergency room physician.
  141         Section 4. Paragraph (i) is added to subsection (4) of
  142  section 39.303, Florida Statutes, to read:
  143         39.303 Child Protection Teams and sexual abuse treatment
  144  programs; services; eligible cases.—
  145         (4) The child abuse, abandonment, and neglect reports that
  146  must be referred by the department to Child Protection Teams of
  147  the Department of Health for an assessment and other appropriate
  148  available support services as set forth in subsection (3) must
  149  include cases involving:
  150         (i) A child who does not live in this state who is
  151  currently being evaluated in a medical facility in this state.
  152         Section 5. Paragraph (d) of subsection (2) of section
  153  39.4015, Florida Statutes, is amended to read:
  154         39.4015 Family finding.—
  155         (2) DEFINITIONS.—As used in this section, the term:
  156         (d)“Fictive kin” means an individual who is unrelated to
  157  the child by either birth or marriage, but has such a close
  158  emotional relationship with the child that he or she may be
  159  considered part of the family.
  160         Section 6. Paragraph (h) of subsection (8) of section
  161  39.402, Florida Statutes, is amended to read:
  162         39.402 Placement in a shelter.—
  163         (8)
  164         (h) The order for placement of a child in shelter care must
  165  identify the parties present at the hearing and must contain
  166  written findings:
  167         1. That placement in shelter care is necessary based on the
  168  criteria in subsections (1) and (2).
  169         2. That placement in shelter care is in the best interest
  170  of the child.
  171         3. That continuation of the child in the home is contrary
  172  to the welfare of the child because the home situation presents
  173  a substantial and immediate danger to the child’s physical,
  174  mental, or emotional health or safety which cannot be mitigated
  175  by the provision of preventive services.
  176         4. That based upon the allegations of the petition for
  177  placement in shelter care, there is probable cause to believe
  178  that the child is dependent or that the court needs additional
  179  time, which may not exceed 72 hours, in which to obtain and
  180  review documents pertaining to the family in order to
  181  appropriately determine the risk to the child.
  182         5. That the department has made reasonable efforts to
  183  prevent or eliminate the need for removal of the child from the
  184  home. A finding of reasonable effort by the department to
  185  prevent or eliminate the need for removal may be made and the
  186  department is deemed to have made reasonable efforts to prevent
  187  or eliminate the need for removal if:
  188         a. The first contact of the department with the family
  189  occurs during an emergency;
  190         b. The appraisal of the home situation by the department
  191  indicates that the home situation presents a substantial and
  192  immediate danger to the child’s physical, mental, or emotional
  193  health or safety which cannot be mitigated by the provision of
  194  preventive services;
  195         c. The child cannot safely remain at home, either because
  196  there are no preventive services that can ensure the health and
  197  safety of the child or because, even with appropriate and
  198  available services being provided, the health and safety of the
  199  child cannot be ensured; or
  200         d. The parent or legal custodian is alleged to have
  201  committed any of the acts listed as grounds for expedited
  202  termination of parental rights in s. 39.806(1)(f)-(i).
  203         6. That the department has made reasonable efforts to keep
  204  siblings together if they are removed and placed in out-of-home
  205  care unless such placement is not in the best interest of each
  206  child. It is preferred that siblings be kept together in a
  207  foster home, if available. Other reasonable efforts shall
  208  include short-term placement in a group home with the ability to
  209  accommodate sibling groups if such a placement is available. The
  210  department shall report to the court its efforts to place
  211  siblings together unless the court finds that such placement is
  212  not in the best interest of a child or his or her sibling.
  213         7. That the court notified the parents, relatives that are
  214  providing out-of-home care for the child, or legal custodians of
  215  the time, date, and location of the next dependency hearing and
  216  of the importance of the active participation of the parents,
  217  relatives that are providing out-of-home care for the child, or
  218  legal custodians in all proceedings and hearings.
  219         8. That the court notified the parents or legal custodians
  220  of their right to counsel to represent them at the shelter
  221  hearing and at each subsequent hearing or proceeding, and the
  222  right of the parents to appointed counsel, pursuant to the
  223  procedures set forth in s. 39.013.
  224         9. That the court notified relatives who are providing out
  225  of-home care for a child as a result of the shelter petition
  226  being granted that they have the right to attend all subsequent
  227  hearings, to submit reports to the court, and to speak to the
  228  court regarding the child, if they so desire.
  229         10.That the department has placement and care
  230  responsibility for any child who is not placed in the care of a
  231  parent at the conclusion of the shelter hearing.
  232         Section 7. Subsection (3) and paragraphs (g), (h), and (i)
  233  of subsection (6) of section 39.407, Florida Statutes, are
  234  amended to read:
  235         39.407 Medical, psychiatric, and psychological examination
  236  and treatment of child; physical, mental, or substance abuse
  237  examination of person with or requesting child custody.—
  238         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
  239  or paragraph (e), before the department provides psychotropic
  240  medications to a child in its custody, the prescribing physician
  241  or the advanced practice registered nurse whose specialty is
  242  psychiatric nursing, as defined in chapter 394, and who is given
  243  prescribing authority pursuant to chapter 464 shall attempt to
  244  obtain express and informed consent, as defined in s.
  245  394.455(15) and as described in s. 394.459(3)(a), from the
  246  child’s parent or legal guardian. The department must take steps
  247  necessary to facilitate the inclusion of the parent in the
  248  child’s consultation with the physician or advanced practice
  249  registered nurse. However, if the parental rights of the parent
  250  have been terminated, the parent’s location or identity is
  251  unknown or cannot reasonably be ascertained, or the parent
  252  declines to give express and informed consent, the department
  253  may, after consultation with the prescribing physician or
  254  advanced practice registered nurse, seek court authorization to
  255  provide the psychotropic medications to the child. Unless
  256  parental rights have been terminated and if it is possible to do
  257  so, the department shall continue to involve the parent in the
  258  decisionmaking process regarding the provision of psychotropic
  259  medications. If, at any time, a parent whose parental rights
  260  have not been terminated provides express and informed consent
  261  to the provision of a psychotropic medication, the requirements
  262  of this section that the department seek court authorization do
  263  not apply to that medication until such time as the parent no
  264  longer consents.
  265         2. Any time the department seeks a medical evaluation to
  266  determine the need to initiate or continue a psychotropic
  267  medication for a child, the department must provide to the
  268  evaluating physician or advanced practice registered nurse all
  269  pertinent medical information known to the department concerning
  270  that child.
  271         (b)1. If a child who is removed from the home under s.
  272  39.401 is receiving prescribed psychotropic medication at the
  273  time of removal and parental authorization to continue providing
  274  the medication cannot be obtained, the department may take
  275  possession of the remaining medication and may continue to
  276  provide the medication as prescribed until the shelter hearing,
  277  if it is determined that the medication is a current
  278  prescription for that child and the medication is in its
  279  original container.
  280         2. If the department continues to provide the psychotropic
  281  medication to a child when parental authorization cannot be
  282  obtained, the department shall notify the parent or legal
  283  guardian as soon as possible that the medication is being
  284  provided to the child as provided in subparagraph 1. The child’s
  285  official departmental record must include the reason parental
  286  authorization was not initially obtained and an explanation of
  287  why the medication is necessary for the child’s well-being.
  288         3. If the department is advised by a physician licensed
  289  under chapter 458 or chapter 459 or an advanced practice
  290  registered nurse whose specialty is psychiatric nursing, as
  291  defined in chapter 394, and who is given prescribing authority
  292  pursuant to chapter 464 that the child should continue the
  293  psychotropic medication and parental authorization has not been
  294  obtained, the department shall request court authorization at
  295  the shelter hearing to continue to provide the psychotropic
  296  medication and shall provide to the court any information in its
  297  possession in support of the request. Any authorization granted
  298  at the shelter hearing may extend only until the arraignment
  299  hearing on the petition for adjudication of dependency or 28
  300  days following the date of removal, whichever occurs sooner.
  301         4. Before filing the dependency petition, the department
  302  shall ensure that the child is evaluated by a physician licensed
  303  under chapter 458 or chapter 459 or an advanced practice
  304  registered nurse whose specialty is psychiatric nursing, as
  305  defined in chapter 394, and who is given prescribing authority
  306  pursuant to chapter 464 to determine whether it is appropriate
  307  to continue the psychotropic medication. If, as a result of the
  308  evaluation, the department seeks court authorization to continue
  309  the psychotropic medication, a motion for such continued
  310  authorization shall be filed at the same time as the dependency
  311  petition, within 21 days after the shelter hearing.
  312         (c) Except as provided in paragraphs (b) and (e), the
  313  department must file a motion seeking the court’s authorization
  314  to initially provide or continue to provide psychotropic
  315  medication to a child in its legal custody. The motion must be
  316  supported by a written report prepared by the department which
  317  describes the efforts made to enable the prescribing physician
  318  or advanced practice registered nurse whose specialty is
  319  psychiatric nursing, as defined in chapter 394, and who is given
  320  prescribing authority pursuant to chapter 464 to obtain express
  321  and informed consent for providing the medication to the child
  322  and other treatments considered or recommended for the child. In
  323  addition, the motion must be supported by the prescribing
  324  physician’s or advanced practice registered nurse’s signed
  325  medical report providing:
  326         1. The name of the child, the name and range of the dosage
  327  of the psychotropic medication, and that there is a need to
  328  prescribe psychotropic medication to the child based upon a
  329  diagnosed condition for which such medication is being
  330  prescribed.
  331         2. A statement indicating that the physician has reviewed
  332  all medical information concerning the child which has been
  333  provided.
  334         3. A statement indicating that the psychotropic medication,
  335  at its prescribed dosage, is appropriate for treating the
  336  child’s diagnosed medical condition, as well as the behaviors
  337  and symptoms the medication, at its prescribed dosage, is
  338  expected to address.
  339         4. An explanation of the nature and purpose of the
  340  treatment; the recognized side effects, risks, and
  341  contraindications of the medication; drug-interaction
  342  precautions; the possible effects of stopping the medication;
  343  and how the treatment will be monitored, followed by a statement
  344  indicating that this explanation was provided to the child if
  345  age appropriate and to the child’s caregiver.
  346         5. Documentation addressing whether the psychotropic
  347  medication will replace or supplement any other currently
  348  prescribed medications or treatments; the length of time the
  349  child is expected to be taking the medication; and any
  350  additional medical, mental health, behavioral, counseling, or
  351  other services that the prescribing physician or advanced
  352  practice registered nurse recommends.
  353         (d)1. The department must notify all parties of the
  354  proposed action taken under paragraph (c) in writing or by
  355  whatever other method best ensures that all parties receive
  356  notification of the proposed action within 48 hours after the
  357  motion is filed. If any party objects to the department’s
  358  motion, that party shall file the objection within 2 working
  359  days after being notified of the department’s motion. If any
  360  party files an objection to the authorization of the proposed
  361  psychotropic medication, the court shall hold a hearing as soon
  362  as possible before authorizing the department to initially
  363  provide or to continue providing psychotropic medication to a
  364  child in the legal custody of the department. At such hearing
  365  and notwithstanding s. 90.803, the medical report described in
  366  paragraph (c) is admissible in evidence. The prescribing
  367  physician or advanced practice registered nurse whose specialty
  368  is psychiatric nursing, as defined in chapter 394, and who is
  369  given prescribing authority pursuant to chapter 464 need not
  370  attend the hearing or testify unless the court specifically
  371  orders such attendance or testimony, or a party subpoenas the
  372  physician or advanced practice registered nurse to attend the
  373  hearing or provide testimony. If, after considering any
  374  testimony received, the court finds that the department’s motion
  375  and the physician’s or advanced practice registered nurse’s
  376  medical report meet the requirements of this subsection and that
  377  it is in the child’s best interests, the court may order that
  378  the department provide or continue to provide the psychotropic
  379  medication to the child without additional testimony or
  380  evidence. At any hearing held under this paragraph, the court
  381  shall further inquire of the department as to whether additional
  382  medical, mental health, behavioral, counseling, or other
  383  services are being provided to the child by the department which
  384  the prescribing physician or advanced practice registered nurse
  385  considers to be necessary or beneficial in treating the child’s
  386  medical condition and which the physician or advanced practice
  387  registered nurse recommends or expects to provide to the child
  388  in concert with the medication. The court may order additional
  389  medical consultation, including consultation with the MedConsult
  390  line at the University of Florida, if available, or require the
  391  department to obtain a second opinion within a reasonable
  392  timeframe as established by the court, not to exceed 21 calendar
  393  days, after such order based upon consideration of the best
  394  interests of the child. The department must make a referral for
  395  an appointment for a second opinion with a physician within 1
  396  working day. The court may not order the discontinuation of
  397  prescribed psychotropic medication if such order is contrary to
  398  the decision of the prescribing physician or advanced practice
  399  registered nurse unless the court first obtains an opinion from
  400  a licensed psychiatrist, if available, or, if not available, a
  401  physician licensed under chapter 458 or chapter 459, stating
  402  that more likely than not, discontinuing the medication would
  403  not cause significant harm to the child. If, however, the
  404  prescribing psychiatrist specializes in mental health care for
  405  children and adolescents, the court may not order the
  406  discontinuation of prescribed psychotropic medication unless the
  407  required opinion is also from a psychiatrist who specializes in
  408  mental health care for children and adolescents. The court may
  409  also order the discontinuation of prescribed psychotropic
  410  medication if a child’s treating physician, licensed under
  411  chapter 458 or chapter 459, states that continuing the
  412  prescribed psychotropic medication would cause significant harm
  413  to the child due to a diagnosed nonpsychiatric medical
  414  condition.
  415         2. The burden of proof at any hearing held under this
  416  paragraph shall be by a preponderance of the evidence.
  417         (e)1. If the child’s prescribing physician or advanced
  418  practice registered nurse whose specialty is psychiatric
  419  nursing, as defined in chapter 394, and who is given prescribing
  420  authority pursuant to chapter 464 certifies in the signed
  421  medical report required in paragraph (c) that delay in providing
  422  a prescribed psychotropic medication would more likely than not
  423  cause significant harm to the child, the medication may be
  424  provided in advance of the issuance of a court order. In such
  425  event, the medical report must provide the specific reasons why
  426  the child may experience significant harm and the nature and the
  427  extent of the potential harm. The department must submit a
  428  motion seeking continuation of the medication and the
  429  physician’s medical report to the court, the child’s guardian ad
  430  litem, and all other parties within 3 working days after the
  431  department commences providing the medication to the child. The
  432  department shall seek the order at the next regularly scheduled
  433  court hearing required under this chapter, or within 30 days
  434  after the date of the prescription, whichever occurs sooner. If
  435  any party objects to the department’s motion, the court shall
  436  hold a hearing within 7 days.
  437         2. Psychotropic medications may be administered in advance
  438  of a court order in hospitals, crisis stabilization units, and
  439  in statewide inpatient psychiatric programs. Within 3 working
  440  days after the medication is begun, the department must seek
  441  court authorization as described in paragraph (c).
  442         (f)1. The department shall fully inform the court of the
  443  child’s medical and behavioral status as part of the social
  444  services report prepared for each judicial review hearing held
  445  for a child for whom psychotropic medication has been prescribed
  446  or provided under this subsection. As a part of the information
  447  provided to the court, the department shall furnish copies of
  448  all pertinent medical records concerning the child which have
  449  been generated since the previous hearing. On its own motion or
  450  on good cause shown by any party, including any guardian ad
  451  litem, attorney, or attorney ad litem who has been appointed to
  452  represent the child or the child’s interests, the court may
  453  review the status more frequently than required in this
  454  subsection.
  455         2. The court may, in the best interests of the child, order
  456  the department to obtain a medical opinion addressing whether
  457  the continued use of the medication under the circumstances is
  458  safe and medically appropriate.
  459         (g) The department shall adopt rules to ensure that
  460  children receive timely access to clinically appropriate
  461  psychotropic medications. These rules must include, but need not
  462  be limited to, the process for determining which adjunctive
  463  services are needed, the uniform process for facilitating the
  464  prescribing physician’s or advanced practice registered nurse’s
  465  ability to obtain the express and informed consent of a child’s
  466  parent or guardian, the procedures for obtaining court
  467  authorization for the provision of a psychotropic medication,
  468  the frequency of medical monitoring and reporting on the status
  469  of the child to the court, how the child’s parents will be
  470  involved in the treatment-planning process if their parental
  471  rights have not been terminated, and how caretakers are to be
  472  provided information contained in the physician’s or advanced
  473  practice registered nurse’s signed medical report. The rules
  474  must also include uniform forms to be used in requesting court
  475  authorization for the use of a psychotropic medication and
  476  provide for the integration of each child’s treatment plan and
  477  case plan. The department must begin the formal rulemaking
  478  process within 90 days after the effective date of this act.
  479         (6) Children who are in the legal custody of the department
  480  may be placed by the department, without prior approval of the
  481  court, in a residential treatment center licensed under s.
  482  394.875 or a hospital licensed under chapter 395 for residential
  483  mental health treatment only pursuant to this section or may be
  484  placed by the court in accordance with an order of involuntary
  485  examination or involuntary placement entered pursuant to s.
  486  394.463 or s. 394.467. All children placed in a residential
  487  treatment program under this subsection must have a guardian ad
  488  litem appointed.
  489         (g)1. The department must submit, at the beginning of each
  490  month, to the court having jurisdiction over the child, a
  491  written report regarding the child’s progress toward achieving
  492  the goals specified in the individualized plan of treatment.
  493         2. The court must conduct a hearing to review the status of
  494  the child’s residential treatment plan no later than 60 days 3
  495  months after the child’s admission to the residential treatment
  496  program. An independent review of the child’s progress toward
  497  achieving the goals and objectives of the treatment plan must be
  498  completed by a qualified evaluator and submitted to the court
  499  before its 60-day 3-month review.
  500         3. For any child in residential treatment at the time a
  501  judicial review is held pursuant to s. 39.701, the child’s
  502  continued placement in residential treatment must be a subject
  503  of the judicial review.
  504         4. If at any time the court determines that the child is
  505  not suitable for continued residential treatment, the court
  506  shall order the department to place the child in the least
  507  restrictive setting that is best suited to meet his or her
  508  needs.
  509         (h) After the initial 60-day 3-month review, the court must
  510  conduct a review of the child’s residential treatment plan every
  511  90 days.
  512         (i) The department must adopt rules for implementing
  513  timeframes for the completion of suitability assessments by
  514  qualified evaluators and a procedure that includes timeframes
  515  for completing the 60-day 3-month independent review by the
  516  qualified evaluators of the child’s progress toward achieving
  517  the goals and objectives of the treatment plan which review must
  518  be submitted to the court. The Agency for Health Care
  519  Administration must adopt rules for the registration of
  520  qualified evaluators, the procedure for selecting the evaluators
  521  to conduct the reviews required under this section, and a
  522  reasonable, cost-efficient fee schedule for qualified
  523  evaluators.
  524         Section 8. Present paragraphs (a) through (h) of subsection
  525  (2) of section 39.5085, Florida Statutes, are redesignated as
  526  paragraphs (b) through (i), respectively, paragraph (a) of
  527  subsection (1) is amended, and a new paragraph (a) is added to
  528  subsection (2) of that section, to read:
  529         39.5085 Relative Caregiver Program.—
  530         (1) It is the intent of the Legislature in enacting this
  531  section to:
  532         (a) Provide for the establishment of procedures and
  533  protocols that serve to advance the continued safety of children
  534  by acknowledging the valued resource uniquely available through
  535  grandparents, relatives of children, and specified nonrelatives
  536  of children pursuant to subparagraph (2)(b)3. (2)(a)3.
  537         (2)
  538         (a)Relatives and nonrelatives must be informed of the
  539  availability of, and the requirements and benefits of, the
  540  Relative Caregiver Program and the Guardianship Assistance
  541  Program and must be informed that they may choose which program
  542  to enroll in that best suits the particular needs of the
  543  caregiver.
  544         Section 9. Paragraph (a) of subsection (1) of section
  545  39.5086, Florida Statutes, is amended to read:
  546         39.5086 Kinship navigator programs.—
  547         (1) DEFINITIONS.—As used in this section, the term:
  548         (a)“Fictive kin” has the same meaning as provided in s.
  549  39.4015(2)(d).
  550         Section 10. Subsections (1), (2), (6), and (10) of section
  551  39.6225, Florida Statutes, are amended to read:
  552         39.6225 Guardianship Assistance Program.—
  553         (1) The department shall establish and operate the
  554  Guardianship Assistance Program to provide guardianship
  555  assistance payments to relatives, as defined in this subsection,
  556  next of kin, and fictive kin who meet the eligibility
  557  requirements established in this section. For purposes of
  558  administering the program, the term:
  559         (a) “Child” means an individual who has not attained 21
  560  years of age.
  561         (b) “Young adult” means an individual who has attained 18
  562  years of age but who has not attained 21 years of age.
  563         (c)“Relative” means fictive kin, a relative as defined in
  564  s. 39.01(73), or next of kin.
  565         (2) To approve an application for the program, the
  566  department shall determine that all of the following
  567  requirements have been met:
  568         (a) The child’s placement with the guardian has been
  569  approved by the court.
  570         (b) The court has granted legal custody to the guardian
  571  pursuant to s. 39.6221 39.521 or s. 39.522.
  572         (c) The guardian has been licensed to care for the child as
  573  provided in s. 409.175.
  574         (d) The child was eligible for foster care room and board
  575  payments pursuant to s. 409.145 for at least 6 consecutive
  576  months while the child resided in the home of the guardian and
  577  the guardian was licensed as a foster parent.
  578         (6) Guardianship assistance benefits shall be terminated
  579  if:
  580         (a)The child has attained the age of 18, or such greater
  581  age as the department may elect;
  582         (b)The child has not attained the age of 18 and the
  583  relative guardians are no longer legally responsible for the
  584  support of the child; or
  585         (c)The child is no longer receiving support from the
  586  guardian
  587         (a) The child is absent from the home of the guardian for a
  588  period of at least 60 consecutive calendar days, unless the
  589  child:
  590         1. Is absent due to medical care, school attendance,
  591  runaway status, or detention in a Department of Juvenile Justice
  592  facility; and
  593         2. Continues to be under the care and custody of the
  594  guardian.
  595         (b) The court modifies the placement of the child and the
  596  guardian is no longer eligible to receive guardianship
  597  assistance benefits.
  598         (10) The case plan must describe the following for each
  599  child with a permanency goal of permanent guardianship in which
  600  the guardian is pursuing in receipt of guardianship assistance
  601  payments:
  602         (a) The manner in which the child meets program eligibility
  603  requirements.
  604         (b) The manner in which the department determined that
  605  reunification or adoption is not appropriate.
  606         (c) Efforts to discuss adoption with the child’s permanent
  607  guardian.
  608         (d) Efforts to discuss guardianship assistance with the
  609  child’s parent or the reasons why efforts were not made.
  610         (e) The reasons why a permanent placement with the
  611  prospective guardian is in the best interest of the child.
  612         (f) The reasons why the child is separated from his or her
  613  siblings during placement, if applicable.
  614         (g) Efforts to consult the child, if the child is 14 years
  615  of age or older, regarding the permanent guardianship
  616  arrangement.
  617         Section 11. Subsections (2) and (3), paragraph (a) of
  618  subsection (4), and subsection (6) of section 39.6251, Florida
  619  Statutes, are amended, and subsection (10) is added to that
  620  section, to read:
  621         39.6251 Continuing care for young adults.—
  622         (2) The primary goal for a child in care is permanency. A
  623  child who is living in licensed care on his or her 18th birthday
  624  and who has not achieved permanency under s. 39.621 is eligible
  625  to remain in licensed care under the jurisdiction of the court
  626  and in the care of the department. A child is eligible to remain
  627  in licensed care if he or she is:
  628         (a) Completing secondary education or a program leading to
  629  an equivalent credential;
  630         (b) Enrolled in an institution that provides postsecondary
  631  or vocational education;
  632         (c) Participating in a program or activity designed to
  633  promote or eliminate barriers to employment;
  634         (d) Employed for at least 80 hours per month; or
  635         (e) Unable to participate in programs or activities listed
  636  in paragraphs (a)-(d) full time due to a physical, intellectual,
  637  emotional, or psychiatric condition that limits participation.
  638  Any such barrier to participation must be supported by
  639  documentation in the child’s case file or school or medical
  640  records of a physical, intellectual, or psychiatric condition
  641  that impairs the child’s ability to perform one or more life
  642  activities.
  643  
  644  The young adult must furnish documentation to the department or
  645  lead agency of his or her participation in one of the programs
  646  or activities listed in paragraphs (a)-(d), or his or her
  647  inability to participate in one of the programs or activities as
  648  provided in paragraph (e), or authorize the release of his or
  649  her records to the department or lead agency.
  650         (3) The permanency goal for a young adult who chooses to
  651  remain in care past his or her 18th birthday is to transition to
  652  independence from licensed care to independent living.
  653         (4)(a) The young adult must reside in a supervised living
  654  environment that is approved by the department or a community
  655  based care lead agency. The young adult shall live
  656  independently, but in an environment in which he or she is
  657  provided supervision, case management, and supportive services
  658  by the department or lead agency. Such an environment must offer
  659  developmentally appropriate freedom and responsibility to
  660  prepare the young adult for adulthood. For the purposes of this
  661  subsection, a supervised living arrangement may include a
  662  licensed foster home, licensed group home, college dormitory,
  663  shared housing, apartment, or another housing arrangement if the
  664  arrangement is approved by the community-based care lead agency
  665  and is acceptable to the young adult, with first choice being a
  666  licensed foster home. A young adult may continue to reside with
  667  the same licensed foster family or group care provider with whom
  668  he or she was residing at the time he or she reached the age of
  669  18 years.
  670         (6) A young adult who is between the ages of 18 and 21 and
  671  who has left care may return to care by applying to the
  672  community-based care lead agency for readmission through the
  673  execution of a voluntary placement agreement. The community
  674  based care lead agency shall readmit the young adult if he or
  675  she continues to meet the eligibility requirements in this
  676  section.
  677         (a) The department shall develop a standard procedure and
  678  application packet for readmission to care to be used by all
  679  community-based care lead agencies.
  680         (b) Within 30 days after the young adult has been
  681  readmitted to care, the community-based care lead agency shall
  682  assign a case manager to update the case plan and the transition
  683  plan and to arrange for the required services. Updates to the
  684  case plan and the transition plan and arrangements for the
  685  required services shall be undertaken in consultation with the
  686  young adult. The department shall petition the court to
  687  reinstate jurisdiction over the young adult. Notwithstanding s.
  688  39.013(2), the court shall resume jurisdiction over the young
  689  adult if the department establishes that he or she continues to
  690  meet the eligibility requirements in this section.
  691         (10)The department shall adopt rules to administer this
  692  section.
  693         Section 12. Paragraph (d) of subsection (2) of section
  694  39.701, Florida Statutes, is amended, and paragraphs (f) and (g)
  695  are added to subsection (4) of that section, to read:
  696         39.701 Judicial review.—
  697         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  698  AGE.—
  699         (d) Orders.—
  700         1. Based upon the criteria set forth in paragraph (c) and
  701  the recommended order of the citizen review panel, if any, the
  702  court shall determine whether or not the social service agency
  703  shall initiate proceedings to have a child declared a dependent
  704  child, return the child to the parent, continue the child in
  705  out-of-home care for a specified period of time, or initiate
  706  termination of parental rights proceedings for subsequent
  707  placement in an adoptive home. Amendments to the case plan must
  708  be prepared as provided prescribed in s. 39.6013. If the court
  709  finds that the prevention or reunification efforts of the
  710  department will allow the child to remain safely at home or be
  711  safely returned to the home, the court shall allow the child to
  712  remain in or return to the home after making a specific finding
  713  of fact that the reasons for the creation of the case plan have
  714  been remedied to the extent that the child’s safety, well-being,
  715  and physical, mental, and emotional health will not be
  716  endangered.
  717         2. The court shall return the child to the custody of his
  718  or her the parents at any time it determines that the
  719  circumstances which caused the out-of-home placement, and issues
  720  subsequently identified, have been remedied to the extent that
  721  return of the child to the home with an in-home safety plan
  722  prepared or approved by the department that they have
  723  substantially complied with the case plan, if the court is
  724  satisfied that reunification will not be detrimental to the
  725  child’s safety, well-being, and physical, mental, and emotional
  726  health.
  727         3. If, in the opinion of the court, the social service
  728  agency has not complied with its obligations as specified in the
  729  written case plan, the court may find the social service agency
  730  in contempt, shall order the social service agency to submit its
  731  plans for compliance with the agreement, and shall require the
  732  social service agency to show why the child could not safely be
  733  returned to the home of the parents.
  734         4. If, at any judicial review, the court finds that the
  735  parents have failed to substantially comply with the case plan
  736  to the degree that further reunification efforts are without
  737  merit and not in the best interest of the child, on its own
  738  motion, the court may order the filing of a petition for
  739  termination of parental rights, regardless of whether or not the
  740  time period as contained in the case plan for substantial
  741  compliance has expired.
  742         5. Within 6 months after the date that the child was placed
  743  in shelter care, the court shall conduct a judicial review
  744  hearing to review the child’s permanency goal as identified in
  745  the case plan. At the hearing the court shall make findings
  746  regarding the likelihood of the child’s reunification with the
  747  parent or legal custodian. In making such findings, the court
  748  shall consider the level of the parent or legal custodian’s
  749  compliance with the case plan and demonstrated change in
  750  protective capacities compared to that necessary to achieve
  751  timely reunification within 12 months after the removal of the
  752  child from the home. The court shall also consider the
  753  frequency, duration, manner, and level of engagement of the
  754  parent or legal custodian’s visitation with the child in
  755  compliance with the case plan. If the court makes a written
  756  finding that it is not likely that the child will be reunified
  757  with the parent or legal custodian within 12 months after the
  758  child was removed from the home, the department must file with
  759  the court, and serve on all parties, a motion to amend the case
  760  plan under s. 39.6013 and declare that it will use concurrent
  761  planning for the case plan. The department must file the motion
  762  within 10 business days after receiving the written finding of
  763  the court. The department must attach the proposed amended case
  764  plan to the motion. If concurrent planning is already being
  765  used, the case plan must document the efforts the department is
  766  taking to complete the concurrent goal.
  767         6. The court may issue a protective order in assistance, or
  768  as a condition, of any other order made under this part. In
  769  addition to the requirements included in the case plan, the
  770  protective order may set forth requirements relating to
  771  reasonable conditions of behavior to be observed for a specified
  772  period of time by a person or agency who is before the court,;
  773  and the order may require any person or agency to make periodic
  774  reports to the court containing such information as the court in
  775  its discretion may prescribe.
  776         7.If, at any judicial review, the court determines that
  777  the child shall remain in out-of-home care in a placement other
  778  than with a parent, the court shall order that the department
  779  has placement and care responsibility for the child.
  780         (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During
  781  each period of time that a young adult remains in foster care,
  782  the court shall review the status of the young adult at least
  783  every 6 months and must hold a permanency review hearing at
  784  least annually.
  785         (f)If the young adult elects to voluntarily leave extended
  786  foster care for the sole purpose of ending a removal episode and
  787  immediately thereafter executes a voluntary placement agreement
  788  with the department to reenroll in extended foster care, the
  789  court shall enter an order finding that the prior removal
  790  episode has ended. Under these circumstances, the court
  791  maintains jurisdiction and a petition to reinstate jurisdiction
  792  as provided in s. 39.6251(6)(b) is not required.
  793         (g)1.When a young adult enters extended foster care by
  794  executing a voluntary placement agreement, the court shall enter
  795  an order within 180 days after execution of the agreement which
  796  determines whether the placement is in the best interest of the
  797  young adult. For purposes of this paragraph, a placement may
  798  include a licensed foster home, licensed group home, college
  799  dormitory, shared housing, apartment, or another housing
  800  arrangement, if the arrangement is approved by the community
  801  based care lead agency and is acceptable to the young adult.
  802         2.When a young adult is in extended foster care, each
  803  judicial review order shall provide that the department has
  804  placement and care responsibility for the young adult.
  805         3.When a young adult is in extended foster care, the court
  806  shall enter an order at least every 12 months that includes a
  807  finding of whether the department has made reasonable efforts to
  808  finalize the permanency plan currently in effect.
  809         Section 13. Paragraph (a) of subsection (4) of section
  810  402.56, Florida Statutes, is amended to read:
  811         402.56 Children’s cabinet; organization; responsibilities;
  812  annual report.—
  813         (4) MEMBERS.—The cabinet shall consist of 16 members
  814  including the Governor and the following persons:
  815         (a)1. The Secretary of Children and Families;
  816         2. The Secretary of Juvenile Justice;
  817         3. The director of the Agency for Persons with
  818  Disabilities;
  819         4. The director of the Office of Early Learning;
  820         5. The State Surgeon General;
  821         6. The Secretary of Health Care Administration;
  822         7. The Commissioner of Education;
  823         8. The director of the Statewide Guardian Ad Litem Office;
  824         9. A representative The director of the Office of Adoption
  825  and Child Protection;
  826         10. A superintendent of schools, appointed by the Governor;
  827  and
  828         11. Five members who represent children and youth advocacy
  829  organizations and who are not service providers, appointed by
  830  the Governor.
  831         Section 14. Present subsections (9) and (10) of section
  832  409.1451, Florida Statutes, are redesignated as subsections (10)
  833  and (11), respectively, paragraph (b) of subsection (2) is
  834  amended, and a new subsection (9) is added to that section, to
  835  read:
  836         409.1451 The Road-to-Independence Program.—
  837         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  838         (b) The amount of the financial assistance shall be as
  839  follows:
  840         1. For a young adult who does not remain in foster care and
  841  is attending a postsecondary school as provided in s. 1009.533,
  842  the amount is $1,256 monthly.
  843         2. For a young adult who remains in foster care, is
  844  attending a postsecondary school, as provided in s. 1009.533,
  845  and continues to reside in a licensed foster home, the amount is
  846  the established room and board rate for foster parents. This
  847  takes the place of the payment provided for in s. 409.145(4).
  848         3. For a young adult who remains in foster care, but
  849  temporarily resides away from a licensed foster home for
  850  purposes of attending a postsecondary school as provided in s.
  851  1009.533, the amount is $1,256 monthly. This takes the place of
  852  the payment provided for in s. 409.145(4).
  853         4. For a young adult who remains in foster care, is
  854  attending a postsecondary school as provided in s. 1009.533, and
  855  continues to reside in a licensed group home, the amount is
  856  negotiated between the community-based care lead agency and the
  857  licensed group home provider.
  858         5. For a young adult who remains in foster care, but
  859  temporarily resides away from a licensed group home for purposes
  860  of attending a postsecondary school as provided in s. 1009.533,
  861  the amount is $1,256 monthly. This takes the place of a
  862  negotiated room and board rate.
  863         6.The amount of the award may be disregarded for purposes
  864  of determining the eligibility for, or the amount of, any other
  865  federal or federally supported assistance.
  866         6.7. A young adult is eligible to receive financial
  867  assistance during the months when he or she is enrolled in a
  868  postsecondary educational institution.
  869         (9)FINANCIAL ASSISTANCE FOR YOUNG ADULTS RECEIVING
  870  SERVICES.—Financial awards to young adults receiving services
  871  under subsections (2) and (3) and s. 39.6251 may be disregarded
  872  for purposes of determining the eligibility for, or the amount
  873  of, any other federal or federally supported assistance for
  874  which the department is required to determine eligibility for to
  875  administer the program.
  876         Section 15. Paragraphs (e), (j), and (m) of subsection (2),
  877  paragraph (b) of subsection (5), paragraphs (b) and (c) of
  878  subsection (6), subsection (7), paragraph (b) of subsection (9),
  879  paragraphs (b) and (c) of subsection (12), and paragraphs (b)
  880  and (d) of subsection (14) of section 409.175, Florida Statutes,
  881  are amended to read:
  882         409.175 Licensure of family foster homes, residential
  883  child-caring agencies, and child-placing agencies; public
  884  records exemption.—
  885         (2) As used in this section, the term:
  886         (e) “Family foster home” means a private residence licensed
  887  by the department in which children who are unattended by a
  888  parent or legal guardian are provided 24-hour care. The term
  889  does not include an adoptive home that has been approved by the
  890  department or approved by a licensed child-placing agency for
  891  children placed for adoption.
  892         (j) “Personnel” means all owners, operators, employees, and
  893  volunteers working in a child-placing agency, family foster
  894  home, or residential child-caring agency who may be employed by
  895  or do volunteer work for a person, corporation, or agency that
  896  holds a license as a child-placing agency or a residential
  897  child-caring agency, but the term does not include those who do
  898  not work on the premises where child care is furnished and have
  899  no direct contact with a child or have no contact with a child
  900  outside of the presence of the child’s parent or guardian. For
  901  purposes of screening, the term includes any member, over the
  902  age of 12 years, of the family of the owner or operator or any
  903  person other than a client, over the age of 12 years, residing
  904  with the owner or operator if the agency or family foster home
  905  is located in or adjacent to the home of the owner or operator
  906  or if the family member of, or person residing with, the owner
  907  or operator has any direct contact with the children. Members of
  908  the family of the owner or operator, or persons residing with
  909  the owner or operator, who are between the ages of 12 years and
  910  18 years are not required to be fingerprinted, but must be
  911  screened for delinquency records. For purposes of screening, the
  912  term also includes owners, operators, employees, and volunteers
  913  working in summer day camps, or summer 24-hour camps providing
  914  care for children. A volunteer who assists on an intermittent
  915  basis for less than 10 hours per month shall not be included in
  916  the term “personnel” for the purposes of screening if a person
  917  who meets the screening requirement of this section is always
  918  present and has the volunteer in his or her line of sight.
  919         (m) “Screening” means the act of assessing the background
  920  of personnel or level II through level V family foster homes and
  921  includes, but is not limited to, employment history checks as
  922  provided in chapter 435, using the level 2 standards for
  923  screening set forth in that chapter.
  924         (5) The department shall adopt and amend rules for the
  925  levels of licensed care associated with the licensure of family
  926  foster homes, residential child-caring agencies, and child
  927  placing agencies. The rules may include criteria to approve
  928  waivers to licensing requirements when applying for a child
  929  specific license.
  930         (b) The requirements for licensure and operation of family
  931  foster homes, residential child-caring agencies, and child
  932  placing agencies shall include:
  933         1. The operation, conduct, and maintenance of these homes
  934  and agencies and the responsibility which they assume for
  935  children served and the evidence of need for that service.
  936         2. The provision of food, clothing, educational
  937  opportunities, services, equipment, and individual supplies to
  938  assure the healthy physical, emotional, and mental development
  939  of the children served.
  940         3. The appropriateness, safety, cleanliness, and general
  941  adequacy of the premises, including fire prevention and health
  942  standards, to provide for the physical comfort, care, and well
  943  being of the children served.
  944         4. The ratio of staff to children required to provide
  945  adequate care and supervision of the children served and, in the
  946  case of family foster homes, the maximum number of children in
  947  the home.
  948         5. The good moral character based upon screening,
  949  education, training, and experience requirements for personnel
  950  and family foster homes.
  951         6. The department may grant exemptions from
  952  disqualification from working with children or the
  953  developmentally disabled as provided in s. 435.07.
  954         7. The provision of preservice and inservice training for
  955  all foster parents and agency staff.
  956         8. Satisfactory evidence of financial ability to provide
  957  care for the children in compliance with licensing requirements.
  958         9. The maintenance by the agency of records pertaining to
  959  admission, progress, health, and discharge of children served,
  960  including written case plans and reports to the department.
  961         10. The provision for parental involvement to encourage
  962  preservation and strengthening of a child’s relationship with
  963  the family.
  964         11. The transportation safety of children served.
  965         12. The provisions for safeguarding the cultural,
  966  religious, and ethnic values of a child.
  967         13. Provisions to safeguard the legal rights of children
  968  served.
  969         (6)
  970         (b) Upon application, the department shall conduct a
  971  licensing study based on its licensing rules; shall inspect the
  972  home or the agency and the records, including financial records,
  973  of the agency; and shall interview the applicant. The department
  974  may authorize a licensed child-placing agency to conduct the
  975  licensing study of a family foster home to be used exclusively
  976  by that agency and to verify to the department that the home
  977  meets the licensing requirements established by the department.
  978  The department shall post on its website a list of the agencies
  979  authorized to conduct such studies. Upon certification by a
  980  licensed child-placing agency that a family foster home meets
  981  the licensing requirements and upon receipt of a letter from a
  982  community-based care lead agency in the service area where the
  983  home will be licensed which indicates that the family foster
  984  home meets the criteria established by the lead agency, the
  985  department shall issue the license. A letter from the lead
  986  agency is not required if the lead agency where the proposed
  987  home is located is directly supervising foster homes in the same
  988  service area.
  989         (c) A licensed family foster home, child-placing agency, or
  990  residential child-caring agency which applies for renewal of its
  991  license shall submit to the department a list of personnel or
  992  household members who have worked or resided on a continuous
  993  basis at the applicant family foster home or agency since
  994  submitting fingerprints to the department, identifying those for
  995  whom a written assurance of compliance was provided by the
  996  department and identifying those personnel or household members
  997  who have recently begun working or residing at the family foster
  998  home or agency and are awaiting the results of the required
  999  fingerprint check, along with the date of the submission of
 1000  those fingerprints for processing. The department shall by rule
 1001  determine the frequency of requests to the Department of Law
 1002  Enforcement to run state criminal records checks for such
 1003  personnel or household members except for those personnel or
 1004  household members awaiting the results of initial fingerprint
 1005  checks for employment at the applicant family foster home or
 1006  agency.
 1007         (7)(a)The department may extend a license expiration date
 1008  once for a period of up to 30 days. However, the department may
 1009  not extend a license expiration date more than once during a
 1010  licensure period The department may issue a provisional license
 1011  to an applicant who is unable to conform to the licensing
 1012  requirements at the time of the study, but who is believed able
 1013  to meet the licensing requirements within the time allowed by
 1014  the provisional license. The issuance of a provisional license
 1015  shall be contingent upon the submission to the department of an
 1016  acceptable written plan to overcome the deficiency by the
 1017  expiration date of the provisional license.
 1018         (b)A provisional license may be issued when the applicant
 1019  fails to meet licensing requirements in matters that are not of
 1020  immediate danger to the children and the agency has submitted a
 1021  corrective action plan which is approved by the department. A
 1022  provisional license may be issued if the screening material has
 1023  been timely submitted; however, a provisional license may not be
 1024  issued unless the applicant is in compliance with the
 1025  requirements in this section for screening of personnel.
 1026         (c)A provisional license shall not be issued for a period
 1027  in excess of 1 year and shall not be subject to renewal; and it
 1028  may be suspended if periodic inspection by the department
 1029  indicates that insufficient progress has been made toward
 1030  compliance with the requirements.
 1031         (9)
 1032         (b) Any of the following actions by a family foster home or
 1033  its household members or an agency or its personnel is a ground
 1034  for denial, suspension, or revocation of a license:
 1035         1. An intentional or negligent act materially affecting the
 1036  health or safety of children in the home or agency.
 1037         2. A violation of the provisions of this section or of
 1038  licensing rules adopted promulgated pursuant to this section.
 1039         3. Noncompliance with the requirements for good moral
 1040  character as specified in paragraph (5)(b).
 1041         4. Failure to dismiss personnel or a household member found
 1042  in noncompliance with requirements for good moral character.
 1043         5. Failure to comply with the requirements of ss. 63.0422
 1044  and 790.335.
 1045         (12)
 1046         (b) It is unlawful for any person, agency, family foster
 1047  home, summer day camp, or summer 24-hour camp providing care for
 1048  children to:
 1049         1. Willfully or intentionally fail to comply with the
 1050  requirements for the screening of personnel and family foster
 1051  homes or the dismissal of personnel or household members found
 1052  not to be in compliance with the requirements for good moral
 1053  character as specified in paragraph (5)(b).
 1054         2. Use information from the criminal records obtained under
 1055  this section for any purpose other than screening a person for
 1056  employment as specified in this section or to release such
 1057  information to any other person for any purpose other than
 1058  screening for employment as specified in this section.
 1059         (c) It is unlawful for any person, agency, family foster
 1060  home, summer day camp, or summer 24-hour camp providing care for
 1061  children to use information from the juvenile records of any
 1062  person obtained under this section for any purpose other than
 1063  screening for employment as specified in this section or to
 1064  release information from such records to any other person for
 1065  any purpose other than screening for employment as specified in
 1066  this section.
 1067         (14)
 1068         (b) As a condition of licensure, foster parents shall
 1069  successfully complete a minimum of 21 hours of preservice
 1070  training. The preservice training shall be uniform statewide and
 1071  shall include, but not be limited to, such areas as:
 1072         1. Orientation regarding agency purpose, objectives,
 1073  resources, policies, and services;
 1074         2. Role of the foster parent as a treatment team member;
 1075         3. Transition of a child into and out of foster care,
 1076  including issues of separation, loss, and attachment;
 1077         4. Management of difficult child behavior that can be
 1078  intensified by placement, by prior abuse or neglect, and by
 1079  prior placement disruptions;
 1080         5. Prevention of placement disruptions;
 1081         6. Care of children at various developmental levels,
 1082  including appropriate discipline; and
 1083         7. Effects of foster parenting on the family of the foster
 1084  parent.
 1085         (d) Before prior to licensure renewal, each level II
 1086  through level V foster parent must shall successfully complete 8
 1087  hours of inservice training. Each level I foster parent shall
 1088  successfully complete 4 hours of inservice training. Periodic
 1089  time-limited training courses shall be made available for
 1090  selective use by foster parents. Such inservice training shall
 1091  include subjects affecting the daily living experiences of
 1092  foster parenting as a foster parent. For a foster parent
 1093  participating in the required inservice training, the department
 1094  shall reimburse such parent for travel expenditures and, if both
 1095  parents in a home are attending training or if the absence of
 1096  the parent would leave the children without departmentally
 1097  approved adult supervision, the department shall make provision
 1098  for child care or shall reimburse the foster parents for child
 1099  care purchased by the parents for children in their care.
 1100         Section 16. Subsection (4) of section 409.903, Florida
 1101  Statutes, is amended to read:
 1102         409.903 Mandatory payments for eligible persons.—The agency
 1103  shall make payments for medical assistance and related services
 1104  on behalf of the following persons who the department, or the
 1105  Social Security Administration by contract with the Department
 1106  of Children and Families, determines to be eligible, subject to
 1107  the income, assets, and categorical eligibility tests set forth
 1108  in federal and state law. Payment on behalf of these Medicaid
 1109  eligible persons is subject to the availability of moneys and
 1110  any limitations established by the General Appropriations Act or
 1111  chapter 216.
 1112         (4) A child who is eligible under Title IV-E of the Social
 1113  Security Act for subsidized board payments, foster care, or
 1114  adoption subsidies, and a child for whom the state has assumed
 1115  temporary or permanent responsibility and who does not qualify
 1116  for Title IV-E assistance but is in foster care, shelter or
 1117  emergency shelter care, or subsidized adoption. This category
 1118  includes:
 1119         (a) A young adult who is eligible to receive services under
 1120  s. 409.1451, until the young adult reaches 21 years of age,
 1121  without regard to any income, resource, or categorical
 1122  eligibility test that is otherwise required.
 1123         (b)This category also includes A person who as a child was
 1124  eligible under Title IV-E of the Social Security Act for foster
 1125  care or the state-provided foster care and who is a participant
 1126  in the Road-to-Independence Program.
 1127         (c)A child who is eligible for the Guardianship Assistance
 1128  Program as provided in s. 39.6225.
 1129         Section 17. Paragraph (a) of subsection (1) of section
 1130  409.991, Florida Statutes, is amended to read:
 1131         409.991 Allocation of funds for community-based care lead
 1132  agencies.—
 1133         (1) As used in this section, the term:
 1134         (a) “Core services funds” means all funds allocated to
 1135  community-based care lead agencies operating under contract with
 1136  the department pursuant to s. 409.987, with the following
 1137  exceptions:
 1138         1. Funds appropriated for independent living;
 1139         2. Funds appropriated for maintenance adoption subsidies;
 1140         3. Funds allocated by the department for protective
 1141  investigations training;
 1142         4. Nonrecurring funds;
 1143         5. Designated mental health wrap-around services funds; and
 1144         6. Funds for special projects for a designated community
 1145  based care lead agency; and
 1146         7.Funds appropriated for the Guardianship Assistance
 1147  Program under s. 39.6225.
 1148         Section 18. Paragraph (b) of subsection (1) of section
 1149  414.045, Florida Statutes, is amended to read:
 1150         414.045 Cash assistance program.—Cash assistance families
 1151  include any families receiving cash assistance payments from the
 1152  state program for temporary assistance for needy families as
 1153  defined in federal law, whether such funds are from federal
 1154  funds, state funds, or commingled federal and state funds. Cash
 1155  assistance families may also include families receiving cash
 1156  assistance through a program defined as a separate state
 1157  program.
 1158         (1) For reporting purposes, families receiving cash
 1159  assistance shall be grouped into the following categories. The
 1160  department may develop additional groupings in order to comply
 1161  with federal reporting requirements, to comply with the data
 1162  reporting needs of the board of directors of CareerSource
 1163  Florida, Inc., or to better inform the public of program
 1164  progress.
 1165         (b) Child-only cases.—Child-only cases include cases that
 1166  do not have an adult or teen head of household as defined in
 1167  federal law. Such cases include:
 1168         1. Children in the care of caretaker relatives, if the
 1169  caretaker relatives choose to have their needs excluded in the
 1170  calculation of the amount of cash assistance.
 1171         2. Families in the Relative Caregiver Program as provided
 1172  in s. 39.5085.
 1173         3. Families in which the only parent in a single-parent
 1174  family or both parents in a two-parent family receive
 1175  supplemental security income (SSI) benefits under Title XVI of
 1176  the Social Security Act, as amended. To the extent permitted by
 1177  federal law, individuals receiving SSI shall be excluded as
 1178  household members in determining the amount of cash assistance,
 1179  and such cases shall not be considered families containing an
 1180  adult. Parents or caretaker relatives who are excluded from the
 1181  cash assistance group due to receipt of SSI may choose to
 1182  participate in work activities. An individual whose ability to
 1183  participate in work activities is limited who volunteers to
 1184  participate in work activities shall be assigned to work
 1185  activities consistent with such limitations. An individual who
 1186  volunteers to participate in a work activity may receive child
 1187  care or support services consistent with such participation.
 1188         4. Families in which the only parent in a single-parent
 1189  family or both parents in a two-parent family are not eligible
 1190  for cash assistance due to immigration status or other
 1191  limitation of federal law. To the extent required by federal
 1192  law, such cases shall not be considered families containing an
 1193  adult.
 1194         5. To the extent permitted by federal law and subject to
 1195  appropriations, special needs children who have been adopted
 1196  pursuant to s. 409.166 and whose adopting family qualifies as a
 1197  needy family under the state program for temporary assistance
 1198  for needy families. Notwithstanding any provision to the
 1199  contrary in s. 414.075, s. 414.085, or s. 414.095, a family
 1200  shall be considered a needy family if:
 1201         a. The family is determined by the department to have an
 1202  income below 200 percent of the federal poverty level;
 1203         b. The family meets the requirements of s. 414.095(2) and
 1204  (3) related to residence, citizenship, or eligible noncitizen
 1205  status; and
 1206         c. The family provides any information that may be
 1207  necessary to meet federal reporting requirements specified under
 1208  Part A of Title IV of the Social Security Act.
 1209         6.Families in the Guardianship Assistance Program as
 1210  provided in s. 39.6225.
 1211  
 1212  Families described in subparagraph 1., subparagraph 2., or
 1213  subparagraph 3. may receive child care assistance or other
 1214  supports or services so that the children may continue to be
 1215  cared for in their own homes or in the homes of relatives. Such
 1216  assistance or services may be funded from the temporary
 1217  assistance for needy families block grant to the extent
 1218  permitted under federal law and to the extent funds have been
 1219  provided in the General Appropriations Act.
 1220         Section 19. Paragraph (d) of subsection (1) of section
 1221  1009.25, Florida Statutes, is amended to read:
 1222         1009.25 Fee exemptions.—
 1223         (1) The following students are exempt from the payment of
 1224  tuition and fees, including lab fees, at a school district that
 1225  provides workforce education programs, Florida College System
 1226  institution, or state university:
 1227         (d) A student who is or was at the time he or she reached
 1228  18 years of age in the custody of a relative or nonrelative
 1229  under s. 39.5085 or s. 39.6225 or who was adopted from the
 1230  Department of Children and Families after May 5, 1997. Such
 1231  exemption includes fees associated with enrollment in applied
 1232  academics for adult education instruction. The exemption remains
 1233  valid until the student reaches 28 years of age.
 1234         Section 20. This act shall take effect July 1, 2019.

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