Bill Text: FL S1650 | 2019 | Regular Session | Comm Sub
Bill Title: Child Welfare
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 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 39.0012 Direct-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 sectionsubsection (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 whichthatoccurred 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 mayshall127 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, but137 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 to157the child by either birth or marriage, but has such a close158emotional relationship with the child that he or she may be159considered 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 days3495monthsafter 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-day3-monthreview. 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-day3-monthreview, 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-day3-monthindependent 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.54939.4015(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, 556next of kin, and fictive kinwho 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. 39.622139.521 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 a588period of at least 60 consecutive calendar days, unless the589child:5901. Is absent due to medical care, school attendance,591runaway status, or detention in a Department of Juvenile Justice592facility; and5932. Continues to be under the care and custody of the594guardian.595(b) The court modifies the placement of the child and the596guardian is no longer eligible to receive guardianship597assistance 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 pursuingin receipt ofguardianship assistance 601payments: 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 independencefrom 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 a666licensed 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 whetheror notthe 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 providedprescribedin 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 hertheparents 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 departmentthat they have723substantially complied with the case plan, if the court is724satisfied that reunificationwill 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 whetheror notthe 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 representativeThe directorof 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. 8636.The amount of the award may be disregarded for purposes864of determining the eligibility for, or the amount of, any other865federal 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 aprivateresidence 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 foster894home,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 agencyor family foster home905 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 periodThe department may issue a provisional license1011to an applicant who is unable to conform to the licensing1012requirements at the time of the study, but who is believed able1013to meet the licensing requirements within the time allowed by1014the provisional license. The issuance of a provisional license1015shall be contingent upon the submission to the department of an1016acceptable written plan to overcome the deficiency by the1017expiration date of the provisional license. 1018(b)A provisional license may be issued when the applicant1019fails to meet licensing requirements in matters that are not of1020immediate danger to the children and the agency has submitted a1021corrective action plan which is approved by the department. A1022provisional license may be issued if the screening material has1023been timely submitted; however, a provisional license may not be1024issued unless the applicant is in compliance with the1025requirements in this section for screening of personnel.1026(c)A provisional license shall not be issued for a period1027in excess of 1 year and shall not be subject to renewal; and it1028may be suspended if periodic inspection by the department1029indicates that insufficient progress has been made toward1030compliance 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 ofthe provisions ofthis section or of 1038 licensing rules adoptedpromulgatedpursuant 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 completea minimum of 21 hours ofpreservice 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) Beforeprior tolicensure renewal, eachlevel II1086through level Vfoster parent mustshallsuccessfully complete81087hours ofinservice training.Each level I foster parent shall1088successfully 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 includesA 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;and1144 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.