Bill Text: FL S7074 | 2014 | Regular Session | Introduced


Bill Title: Child Welfare

Spectrum: Committee Bill

Status: (N/A - Dead) 2014-03-12 - Submit as committee bill by Children, Families, and Elder Affairs (SB 1668) [S7074 Detail]

Download: Florida-2014-S7074-Introduced.html
       Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7074
       
       
        
       FOR CONSIDERATION By the Committee on Children, Families, and
       Elder Affairs
       
       
       
       
       586-01925C-14                                         20147074__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.01,
    3         F.S.; defining the term “sibling”; creating s.
    4         39.2015, F.S.; requiring the Department of Children
    5         and Families to conduct specified investigations using
    6         critical incident rapid response teams; providing
    7         requirements for such investigations; providing
    8         requirements for the team; authorizing the team to
    9         access specified information; requiring the
   10         cooperation of specified agencies and organizations;
   11         providing for reimbursement of team members; requiring
   12         a report of the investigation; requiring the secretary
   13         to develop specified guidelines for investigations and
   14         provide training to team members; requiring the
   15         secretary to appoint an advisory committee; requiring
   16         a report from the advisory committee to the Secretary
   17         of Children and Families; requiring the secretary to
   18         submit such report to the Governor and the
   19         Legislature; amending s. 39.202, F.S.; authorizing
   20         access to specified records in the event of the death
   21         of a child which was reported to the department’s
   22         child abuse hotline; creating s. 39.2022, F.S.;
   23         providing legislative intent; requiring the department
   24         to publish specified information on its website if the
   25         death of a child is reported to the child abuse
   26         hotline; prohibiting specified information from being
   27         released; providing requirements for the release of
   28         information in the child’s records; prohibiting
   29         release of information that identifies the person who
   30         reports an incident to the child abuse hotline;
   31         amending s. 39.402, F.S.; requiring the department to
   32         make a reasonable effort to keep siblings together
   33         when they are placed in out-of-home care under certain
   34         circumstances; providing for sibling visitation under
   35         certain circumstances; amending s. 39.5085, F.S.;
   36         revising legislative intent; authorizing placement of
   37         a child with a nonrelative caregiver and financial
   38         assistance for such nonrelative caregiver through the
   39         Relative Caregiver Program under certain
   40         circumstances; requiring that a nonrelative caregiver
   41         be given temporary legal custody of a child; amending
   42         s. 39.701, F.S.; requiring the court to consider
   43         contact among siblings in judicial reviews;
   44         authorizing the court to remove specified disabilities
   45         of nonage at judicial reviews; amending s. 39.802,
   46         F.S.; requiring a petition for the termination of
   47         parental rights to be signed under oath stating the
   48         petitioner’s good faith in filing the petition;
   49         amending s. 383.402, F.S.; requiring the review of all
   50         deaths of children which occur in the state and are
   51         reported to the department’s child abuse hotline;
   52         revising the due date for a report; providing a
   53         directive to the Division of Law Revision and
   54         Information; creating part V of ch. 409, F.S.;
   55         creating s. 409.986, F.S.; providing legislative
   56         findings and intent; providing child protection and
   57         child welfare outcome goals; defining terms; creating
   58         s. 409.987, F.S.; providing for the procurement of
   59         community-based care lead agencies; providing
   60         requirements for contracting as a lead agency;
   61         creating s. 409.988, F.S.; providing the duties of a
   62         community-based care lead agency; providing licensure
   63         requirements for a lead agency; creating s. 409.990,
   64         F.S.; providing general funding provisions; providing
   65         for a matching grant program and the maximum amount of
   66         funds that may be awarded; requiring the department to
   67         develop and implement a community-based care risk pool
   68         initiative; providing requirements for the risk pool;
   69         transferring, renumbering, and amending s. 409.16713,
   70         F.S.; transferring provisions relating to the
   71         allocation of funds for community-based lead care
   72         agencies; conforming a cross-reference; creating s.
   73         409.992, F.S.; providing requirements for community
   74         based care lead agency expenditures; creating s.
   75         409.993, F.S.; providing findings; providing for lead
   76         agency and subcontractor liability; providing
   77         limitations on damages; transferring, renumbering, and
   78         amending s. 409.1675, F.S.; transferring provisions
   79         relating to receivership from community-based
   80         providers to lead agencies; conforming cross
   81         references and terminology; creating s. 409.996, F.S.;
   82         providing duties of the department relating to
   83         community-based care and lead agencies; creating s.
   84         409.997, F.S.; providing goals for the department and
   85         specified entities; requiring the department to
   86         maintain a comprehensive, results-oriented
   87         accountability system; providing requirements;
   88         requiring the department to establish a technical
   89         advisory panel; providing requirements for the panel;
   90         requiring the department to make the results of the
   91         system public; requiring a report to the Governor and
   92         the Legislature; creating s. 409.998, F.S.; requiring
   93         the department to establish community-based care
   94         alliances; specifying responsibilities of the
   95         alliance; providing for membership of the alliance;
   96         providing for compensation of and requirements for
   97         alliance members; authorizing the alliance to create a
   98         direct-support organization; providing requirements
   99         for such organization; providing for future repeal of
  100         the authority of the alliance to create a direct
  101         support organization; repealing s. 20.19(4), F.S.,
  102         relating to community alliances; repealing ss.
  103         409.1671, 409.16715, and 409.16745, F.S., relating to
  104         foster care and related services, therapy treatments,
  105         and the community partnership matching grant program,
  106         respectively; amending ss. 39.201, 409.1676, 409.1677,
  107         409.906, 409.912, 409.91211, and 420.628, F.S.;
  108         conforming cross-references; providing an effective
  109         date.
  110          
  111  Be It Enacted by the Legislature of the State of Florida:
  112  
  113         Section 1. Present subsections (70) through (76) of section
  114  39.01, Florida Statutes, are redesignated as subsections (71)
  115  through (77), respectively, and a new subsection (70) is added
  116  to that section, to read:
  117         39.01 Definitions.—When used in this chapter, unless the
  118  context otherwise requires:
  119         (70) “Sibling” means:
  120         (a) A child who shares a birth parent or legal parent with
  121  one or more other children; or
  122         (b) Children who have lived together in a family and
  123  identify themselves as siblings.
  124         Section 2. Section 39.2015, Florida Statutes, is created to
  125  read:
  126         39.2015 Critical incident rapid response team.
  127         (1) The department shall conduct an immediate investigation
  128  of deaths or other serious incidents involving children using
  129  critical incident rapid response teams as provided in subsection
  130  (2). The purpose of such investigation is to identify root
  131  causes and rapidly determine the need to change policies and
  132  practices related to child protection and child welfare.
  133         (2)An immediate onsite investigation conducted by a
  134  critical incident rapid response team is required for all child
  135  deaths reported to the department if the child or another child
  136  in his or her family was the subject of a verified report of
  137  suspected abuse or neglect in the previous 12 months. The
  138  secretary may also direct an immediate investigation for other
  139  cases involving serious injury to a child.
  140         (3)Each investigation shall be conducted by a team of at
  141  least five professionals with expertise in child protection,
  142  child welfare, and organizational management. The team may be
  143  selected from employees of the department, community-based care
  144  lead agencies, other provider organizations, faculty from the
  145  institute consisting of public and private universities offering
  146  degrees in social work established pursuant to s. 1004.615, or
  147  any other persons with the required expertise. The majority of
  148  the team must reside in judicial circuits outside the location
  149  of the incident. The secretary shall appoint a team leader for
  150  each group assigned to an investigation.
  151         (4) An investigation shall be initiated as soon as
  152  possible, but not later than 2 business days after the case is
  153  reported to the department. A preliminary report on each case
  154  shall be provided to the secretary no later than 30 days after
  155  the investigation begins.
  156         (5)Each member of the team is authorized to access all
  157  information in the case file.
  158         (6)All employees of the department or other state agencies
  159  and all personnel from contracted provider organizations are
  160  required to cooperate with the investigation by participating in
  161  interviews and timely responding to any requests for
  162  information.
  163         (7)The secretary shall develop cooperative agreements with
  164  other entities and organizations as may be necessary to
  165  facilitate the work of the team.
  166         (8) The members of the team may be reimbursed by the
  167  department for per diem, mileage, and other reasonable expenses
  168  as provided in s. 112.061. The department may also reimburse the
  169  team member’s employer for the associated salary and benefits
  170  during the time the team member is fulfilling the duties
  171  required under this section.
  172         (9)Upon completion of the investigation, a final report
  173  shall be made available to community-based care lead agencies,
  174  to other organizations involved in the child welfare system, and
  175  to the public through the department’s website.
  176         (10) The secretary, in conjunction with the institute
  177  established pursuant to s. 1004.615, shall develop guidelines
  178  for investigations conducted by critical incident rapid response
  179  teams and provide training to team members. Such guidelines must
  180  direct the teams in the conduct of a root-cause analysis that
  181  identifies, classifies, and attributes responsibility for both
  182  direct and latent causes for the death or other incident,
  183  including organizational factors, preconditions, and specific
  184  acts or omissions resulting from either error or a violation of
  185  procedures.
  186         (11) The secretary shall appoint an advisory committee made
  187  up of experts in child protection and child welfare to make an
  188  independent review of investigative reports from the critical
  189  incident rapid response teams and make recommendations to
  190  improve policies and practices related to child protection and
  191  child welfare services. By October 1 of each year, the advisory
  192  committee shall make an annual report to the secretary,
  193  including findings and recommendations. The secretary shall
  194  submit the report to the Governor, the President of the Senate,
  195  and the Speaker of the House of Representatives.
  196         Section 3. Paragraph (o) of subsection (2) of section
  197  39.202, Florida Statutes, is amended to read:
  198         39.202 Confidentiality of reports and records in cases of
  199  child abuse or neglect.—
  200         (2) Except as provided in subsection (4), access to such
  201  records, excluding the name of the reporter which shall be
  202  released only as provided in subsection (5), shall be granted
  203  only to the following persons, officials, and agencies:
  204         (o) Any person, in the event of the death of a child
  205  reported to the child abuse hotline determined to be a result of
  206  abuse, abandonment, or neglect. Information identifying the
  207  person reporting abuse, abandonment, or neglect may shall not be
  208  released. Any information otherwise made confidential or exempt
  209  by law may shall not be released pursuant to this paragraph. The
  210  information released pursuant to this paragraph must meet the
  211  requirements of s. 39.2022.
  212         Section 4. Section 39.2022, Florida Statutes, is created to
  213  read:
  214         39.2022 Public disclosure of child deaths reported to the
  215  child abuse hotline.—
  216         (1) It is the intent of the Legislature to provide prompt
  217  disclosure of the basic facts of all deaths of children from
  218  birth through 18 years of age which occur in this state and
  219  which are reported to the department’s child abuse hotline.
  220  Disclosure shall be posted on the department’s public website.
  221  This section does not limit the public access to records under
  222  any other provision of law.
  223         (2) If a child death is reported to the child abuse
  224  hotline, the department shall post on its website all of the
  225  following:
  226         (a) Name of the child.
  227         (b)Date of birth, race, and gender of the child.
  228         (c) Date of the child’s death.
  229         (d)Allegations of the cause of death or the preliminary
  230  cause of death.
  231         (e)County and placement of the child at the time of the
  232  incident leading to the child’s death, if applicable.
  233         (f)Name of the community-based care lead agency, case
  234  management agency, or out-of-home licensing agency involved with
  235  the child, family, or licensed caregiver, if applicable.
  236         (g)The relationship of any alleged offender to the child.
  237         (h)Whether the child has been the subject of any prior
  238  verified reports to the department’s child abuse hotline.
  239         (3) The department may not release the following
  240  information concerning a death of a child:
  241         (a) Information about the siblings of the child.
  242         (b) Attorney-client communications.
  243         (c) Any information if the release of such information
  244  would jeopardize a criminal investigation.
  245         (d) Any information that is confidential or exempt under
  246  state or federal law.
  247         (4) If the death of a child is determined to be the result
  248  of abuse, neglect, or abandonment, the department may release
  249  information in the child’s record to any person. Information
  250  identifying the person reporting abuse, abandonment, or neglect
  251  may not be released. Any information otherwise made confidential
  252  or exempt by law may not be released pursuant to this
  253  subsection.
  254         Section 5. Paragraph (h) of subsection (8) and subsection
  255  (9) of section 39.402, Florida Statutes, are amended to read:
  256         39.402 Placement in a shelter.—
  257         (8)
  258         (h) The order for placement of a child in shelter care must
  259  identify the parties present at the hearing and must contain
  260  written findings:
  261         1. That placement in shelter care is necessary based on the
  262  criteria in subsections (1) and (2).
  263         2. That placement in shelter care is in the best interest
  264  of the child.
  265         3. That continuation of the child in the home is contrary
  266  to the welfare of the child because the home situation presents
  267  a substantial and immediate danger to the child’s physical,
  268  mental, or emotional health or safety which cannot be mitigated
  269  by the provision of preventive services.
  270         4. That based upon the allegations of the petition for
  271  placement in shelter care, there is probable cause to believe
  272  that the child is dependent or that the court needs additional
  273  time, which may not exceed 72 hours, in which to obtain and
  274  review documents pertaining to the family in order to
  275  appropriately determine the risk to the child.
  276         5. That the department has made reasonable efforts to
  277  prevent or eliminate the need for removal of the child from the
  278  home. A finding of reasonable effort by the department to
  279  prevent or eliminate the need for removal may be made and the
  280  department is deemed to have made reasonable efforts to prevent
  281  or eliminate the need for removal if:
  282         a. The first contact of the department with the family
  283  occurs during an emergency;
  284         b. The appraisal of the home situation by the department
  285  indicates that the home situation presents a substantial and
  286  immediate danger to the child’s physical, mental, or emotional
  287  health or safety which cannot be mitigated by the provision of
  288  preventive services;
  289         c. The child cannot safely remain at home, either because
  290  there are no preventive services that can ensure the health and
  291  safety of the child or because, even with appropriate and
  292  available services being provided, the health and safety of the
  293  child cannot be ensured; or
  294         d. The parent or legal custodian is alleged to have
  295  committed any of the acts listed as grounds for expedited
  296  termination of parental rights in s. 39.806(1)(f)-(i).
  297         6. That the department has made reasonable efforts to keep
  298  siblings together if they are removed and placed in out-of-home
  299  care unless such a placement is not in the best interest of each
  300  child. The department shall report to the court its efforts to
  301  place siblings together unless the court finds that such
  302  placement is not in the best interest of a child or his or her
  303  sibling.
  304         7.6. That the court notified the parents, relatives that
  305  are providing out-of-home care for the child, or legal
  306  custodians of the time, date, and location of the next
  307  dependency hearing and of the importance of the active
  308  participation of the parents, relatives that are providing out
  309  of-home care for the child, or legal custodians in all
  310  proceedings and hearings.
  311         8.7. That the court notified the parents or legal
  312  custodians of their right to counsel to represent them at the
  313  shelter hearing and at each subsequent hearing or proceeding,
  314  and the right of the parents to appointed counsel, pursuant to
  315  the procedures set forth in s. 39.013.
  316         9.8. That the court notified relatives who are providing
  317  out-of-home care for a child as a result of the shelter petition
  318  being granted that they have the right to attend all subsequent
  319  hearings, to submit reports to the court, and to speak to the
  320  court regarding the child, if they so desire.
  321         (9)(a) At any shelter hearing, the department shall provide
  322  to the court a recommendation for scheduled contact between the
  323  child and parents, if appropriate. The court shall determine
  324  visitation rights absent a clear and convincing showing that
  325  visitation is not in the best interest of the child. Any order
  326  for visitation or other contact must conform to the provisions
  327  of s. 39.0139. If visitation is ordered but will not commence
  328  within 72 hours of the shelter hearing, the department shall
  329  provide justification to the court.
  330         (b) If siblings who are removed from the home cannot be
  331  placed together, the department shall provide to the court a
  332  recommendation for frequent visitation or other ongoing
  333  interaction between the siblings unless this interaction would
  334  be contrary to a sibling’s safety or well-being. If visitation
  335  among siblings is ordered but will not commence within 72 hours
  336  of the shelter hearing, the department shall provide
  337  justification to the court for the delay.
  338         Section 6. Section 39.5085, Florida Statutes, is amended to
  339  read:
  340         39.5085 Relative Caregiver Program.—
  341         (1) It is the intent of the Legislature in enacting this
  342  section to:
  343         (a) Provide for the establishment of procedures and
  344  protocols that serve to advance the continued safety of children
  345  by acknowledging the valued resource uniquely available through
  346  grandparents, and relatives of children, and specified
  347  nonrelatives of children pursuant to subparagraph (2)(a)3.
  348         (b) Recognize family relationships in which a grandparent
  349  or other relative is the head of a household that includes a
  350  child otherwise at risk of foster care placement.
  351         (c) Enhance family preservation and stability by
  352  recognizing that most children in such placements with
  353  grandparents and other relatives do not need intensive
  354  supervision of the placement by the courts or by the department.
  355         (d) Recognize that permanency in the best interests of the
  356  child can be achieved through a variety of permanency options,
  357  including permanent guardianship under s. 39.6221 if the
  358  guardian is a relative, by permanent placement with a fit and
  359  willing relative under s. 39.6231, by a relative, guardianship
  360  under chapter 744, or adoption, by providing additional
  361  placement options and incentives that will achieve permanency
  362  and stability for many children who are otherwise at risk of
  363  foster care placement because of abuse, abandonment, or neglect,
  364  but who may successfully be able to be placed by the dependency
  365  court in the care of such relatives.
  366         (e) Reserve the limited casework and supervisory resources
  367  of the courts and the department for those cases in which
  368  children do not have the option for safe, stable care within the
  369  family.
  370         (f) Recognize that a child may have a close relationship
  371  with a person who is not a blood relative or a relative by
  372  marriage and that such person should be eligible for financial
  373  assistance under this section if he or she is able and willing
  374  to care for the child and provide a safe, stable home
  375  environment.
  376         (2)(a) The Department of Children and Families Family
  377  Services shall establish and operate the Relative Caregiver
  378  Program pursuant to eligibility guidelines established in this
  379  section as further implemented by rule of the department. The
  380  Relative Caregiver Program shall, within the limits of available
  381  funding, provide financial assistance to:
  382         1. Relatives who are within the fifth degree by blood or
  383  marriage to the parent or stepparent of a child and who are
  384  caring full-time for that dependent child in the role of
  385  substitute parent as a result of a court’s determination of
  386  child abuse, neglect, or abandonment and subsequent placement
  387  with the relative under this chapter.
  388         2. Relatives who are within the fifth degree by blood or
  389  marriage to the parent or stepparent of a child and who are
  390  caring full-time for that dependent child, and a dependent half
  391  brother or half-sister of that dependent child, in the role of
  392  substitute parent as a result of a court’s determination of
  393  child abuse, neglect, or abandonment and subsequent placement
  394  with the relative under this chapter.
  395         3. Nonrelatives who are willing to assume custody and care
  396  of a dependent child and a dependent half-brother or half-sister
  397  of that dependent child in the role of substitute parent as a
  398  result of a court’s determination of child abuse, neglect, or
  399  abandonment and subsequent placement with the nonrelative
  400  caregiver under this chapter. The court must find that a
  401  proposed placement under this subparagraph is in the best
  402  interest of the child.
  403  
  404  The placement may be court-ordered temporary legal custody to
  405  the relative under protective supervision of the department
  406  pursuant to s. 39.521(1)(b)3., or court-ordered placement in the
  407  home of a relative as a permanency option under s. 39.6221 or s.
  408  39.6231 or under former s. 39.622 if the placement was made
  409  before July 1, 2006. If a child is placed with a nonrelative
  410  under subparagraph 3., the placement shall be court-ordered
  411  temporary legal custody to the nonrelative under protective
  412  supervision of the department pursuant to s. 39.521(1)(b)3. The
  413  Relative Caregiver Program shall offer financial assistance to
  414  caregivers who are relatives and who would be unable to serve in
  415  that capacity without the relative caregiver payment because of
  416  financial burden, thus exposing the child to the trauma of
  417  placement in a shelter or in foster care.
  418         (b) Caregivers who are relatives and who receive assistance
  419  under this section must be capable, as determined by a home
  420  study, of providing a physically safe environment and a stable,
  421  supportive home for the children under their care, and must
  422  assure that the children’s well-being is met, including, but not
  423  limited to, the provision of immunizations, education, and
  424  mental health services as needed.
  425         (c) Relatives or nonrelatives who qualify for and
  426  participate in the Relative Caregiver Program are not required
  427  to meet foster care licensing requirements under s. 409.175.
  428         (d) Relatives or nonrelatives who are caring for children
  429  placed with them by the court pursuant to this chapter shall
  430  receive a special monthly relative caregiver benefit established
  431  by rule of the department. The amount of the special benefit
  432  payment shall be based on the child’s age within a payment
  433  schedule established by rule of the department and subject to
  434  availability of funding. The statewide average monthly rate for
  435  children judicially placed with relatives or nonrelatives who
  436  are not licensed as foster homes may not exceed 82 percent of
  437  the statewide average foster care rate, and nor may the cost of
  438  providing the assistance described in this section to any
  439  relative caregiver may not exceed the cost of providing out-of
  440  home care in emergency shelter or foster care.
  441         (e) Children receiving cash benefits under this section are
  442  not eligible to simultaneously receive WAGES cash benefits under
  443  chapter 414.
  444         (f) Within available funding, the Relative Caregiver
  445  Program shall provide relative caregivers with family support
  446  and preservation services, flexible funds in accordance with s.
  447  409.165, school readiness, and other available services in order
  448  to support the child’s safety, growth, and healthy development.
  449  Children living with relative caregivers who are receiving
  450  assistance under this section shall be eligible for Medicaid
  451  coverage.
  452         (g) The department may use appropriate available state,
  453  federal, and private funds to operate the Relative Caregiver
  454  Program. The department may develop liaison functions to be
  455  available to relatives or nonrelatives who care for children
  456  pursuant to this chapter to ensure placement stability in
  457  extended family settings.
  458         Section 7. Paragraph (c) of subsection (2) and paragraph
  459  (a) of subsection (3) of section 39.701, Florida Statutes, are
  460  amended to read:
  461         39.701 Judicial review.—
  462         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
  463  AGE.—
  464         (c) Review determinations.—The court and any citizen review
  465  panel shall take into consideration the information contained in
  466  the social services study and investigation and all medical,
  467  psychological, and educational records that support the terms of
  468  the case plan; testimony by the social services agency, the
  469  parent, the foster parent or legal custodian, the guardian ad
  470  litem or surrogate parent for educational decisionmaking if one
  471  has been appointed for the child, and any other person deemed
  472  appropriate; and any relevant and material evidence submitted to
  473  the court, including written and oral reports to the extent of
  474  their probative value. These reports and evidence may be
  475  received by the court in its effort to determine the action to
  476  be taken with regard to the child and may be relied upon to the
  477  extent of their probative value, even though not competent in an
  478  adjudicatory hearing. In its deliberations, the court and any
  479  citizen review panel shall seek to determine:
  480         1. If the parent was advised of the right to receive
  481  assistance from any person or social service agency in the
  482  preparation of the case plan.
  483         2. If the parent has been advised of the right to have
  484  counsel present at the judicial review or citizen review
  485  hearings. If not so advised, the court or citizen review panel
  486  shall advise the parent of such right.
  487         3. If a guardian ad litem needs to be appointed for the
  488  child in a case in which a guardian ad litem has not previously
  489  been appointed or if there is a need to continue a guardian ad
  490  litem in a case in which a guardian ad litem has been appointed.
  491         4. Who holds the rights to make educational decisions for
  492  the child. If appropriate, the court may refer the child to the
  493  district school superintendent for appointment of a surrogate
  494  parent or may itself appoint a surrogate parent under the
  495  Individuals with Disabilities Education Act and s. 39.0016.
  496         5. The compliance or lack of compliance of all parties with
  497  applicable items of the case plan, including the parents’
  498  compliance with child support orders.
  499         6. The compliance or lack of compliance with a visitation
  500  contract between the parent and the social service agency for
  501  contact with the child, including the frequency, duration, and
  502  results of the parent-child visitation and the reason for any
  503  noncompliance.
  504         7. The frequency, kind, and duration of sibling contacts
  505  among siblings who have been separated during placement, as well
  506  as any efforts undertaken to reunite separated siblings if doing
  507  so is in the best interest of the child.
  508         8.7. The compliance or lack of compliance of the parent in
  509  meeting specified financial obligations pertaining to the care
  510  of the child, including the reason for failure to comply, if
  511  applicable such is the case.
  512         9.8. Whether the child is receiving safe and proper care
  513  according to s. 39.6012, including, but not limited to, the
  514  appropriateness of the child’s current placement, including
  515  whether the child is in a setting that is as family-like and as
  516  close to the parent’s home as possible, consistent with the
  517  child’s best interests and special needs, and including
  518  maintaining stability in the child’s educational placement, as
  519  documented by assurances from the community-based care provider
  520  that:
  521         a. The placement of the child takes into account the
  522  appropriateness of the current educational setting and the
  523  proximity to the school in which the child is enrolled at the
  524  time of placement.
  525         b. The community-based care agency has coordinated with
  526  appropriate local educational agencies to ensure that the child
  527  remains in the school in which the child is enrolled at the time
  528  of placement.
  529         10.9. A projected date likely for the child’s return home
  530  or other permanent placement.
  531         11.10. When appropriate, the basis for the unwillingness or
  532  inability of the parent to become a party to a case plan. The
  533  court and the citizen review panel shall determine if the
  534  efforts of the social service agency to secure party
  535  participation in a case plan were sufficient.
  536         12.11. For a child who has reached 13 years of age but is
  537  not yet 18 years of age, the adequacy of the child’s preparation
  538  for adulthood and independent living.
  539         13.12. If amendments to the case plan are required.
  540  Amendments to the case plan must be made under s. 39.6013.
  541         (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.—
  542         (a) In addition to the review and report required under
  543  paragraphs (1)(a) and (2)(a), respectively, the court shall hold
  544  a judicial review hearing within 90 days after a child’s 17th
  545  birthday. The court shall also issue an order, separate from the
  546  order on judicial review, that the disability of nonage of the
  547  child has been removed pursuant to ss. 743.044, 743.045, and
  548  743.046, and for any of these disabilities that the courts finds
  549  is in the child’s best interest to remove. The court s. 743.045
  550  and shall continue to hold timely judicial review hearings. If
  551  necessary, the court may review the status of the child more
  552  frequently during the year before the child’s 18th birthday. At
  553  each review hearing held under this subsection, in addition to
  554  any information or report provided to the court by the foster
  555  parent, legal custodian, or guardian ad litem, the child shall
  556  be given the opportunity to address the court with any
  557  information relevant to the child’s best interest, particularly
  558  in relation to independent living transition services. The
  559  department shall include in the social study report for judicial
  560  review written verification that the child has:
  561         1. A current Medicaid card and all necessary information
  562  concerning the Medicaid program sufficient to prepare the child
  563  to apply for coverage upon reaching the age of 18, if such
  564  application is appropriate.
  565         2. A certified copy of the child’s birth certificate and,
  566  if the child does not have a valid driver license, a Florida
  567  identification card issued under s. 322.051.
  568         3. A social security card and information relating to
  569  social security insurance benefits if the child is eligible for
  570  those benefits. If the child has received such benefits and they
  571  are being held in trust for the child, a full accounting of
  572  these funds must be provided and the child must be informed as
  573  to how to access those funds.
  574         4. All relevant information related to the Road-to
  575  Independence Program, including, but not limited to, eligibility
  576  requirements, information on participation, and assistance in
  577  gaining admission to the program. If the child is eligible for
  578  the Road-to-Independence Program, he or she must be advised that
  579  he or she may continue to reside with the licensed family home
  580  or group care provider with whom the child was residing at the
  581  time the child attained his or her 18th birthday, in another
  582  licensed family home, or with a group care provider arranged by
  583  the department.
  584         5. An open bank account or the identification necessary to
  585  open a bank account and to acquire essential banking and
  586  budgeting skills.
  587         6. Information on public assistance and how to apply for
  588  public assistance.
  589         7. A clear understanding of where he or she will be living
  590  on his or her 18th birthday, how living expenses will be paid,
  591  and the educational program or school in which he or she will be
  592  enrolled.
  593         8. Information related to the ability of the child to
  594  remain in care until he or she reaches 21 years of age under s.
  595  39.013.
  596         9. A letter providing the dates that the child is under the
  597  jurisdiction of the court.
  598         10. A letter stating that the child is in compliance with
  599  financial aid documentation requirements.
  600         11. The child’s educational records.
  601         12. The child’s entire health and mental health records.
  602         13. The process for accessing his or her case file.
  603         14. A statement encouraging the child to attend all
  604  judicial review hearings occurring after the child’s 17th
  605  birthday.
  606         Section 8. Subsection (2) of section 39.802, Florida
  607  Statutes, is amended to read:
  608         39.802 Petition for termination of parental rights; filing;
  609  elements.—
  610         (2) The form of the petition is governed by the Florida
  611  Rules of Juvenile Procedure. The petition must be in writing and
  612  signed by the petitioner under oath stating the petitioner’s
  613  good faith in or, if the department is the petitioner, by an
  614  employee of the department, under oath stating the petitioner’s
  615  good faith in filing the petition.
  616         Section 9. Subsection (1) and paragraph (c) of subsection
  617  (3) of section 383.402, Florida Statutes, are amended to read:
  618         383.402 Child abuse death review; State Child Abuse Death
  619  Review Committee; local child abuse death review committees.—
  620         (1) It is the intent of the Legislature to establish a
  621  statewide multidisciplinary, multiagency child abuse death
  622  assessment and prevention system that consists of state and
  623  local review committees. The state and local review committees
  624  shall review the facts and circumstances of all deaths of
  625  children from birth through age 18 which occur in this state and
  626  are reported to the child abuse hotline of the Department of
  627  Children and Families as the result of verified child abuse or
  628  neglect. The purpose of the review shall be to:
  629         (a) Achieve a greater understanding of the causes and
  630  contributing factors of deaths resulting from child abuse.
  631         (b) Whenever possible, develop a communitywide approach to
  632  address such cases and contributing factors.
  633         (c) Identify any gaps, deficiencies, or problems in the
  634  delivery of services to children and their families by public
  635  and private agencies which may be related to deaths that are the
  636  result of child abuse.
  637         (d) Make and implement recommendations for changes in law,
  638  rules, and policies, as well as develop practice standards that
  639  support the safe and healthy development of children and reduce
  640  preventable child abuse deaths.
  641         (3) The State Child Abuse Death Review Committee shall:
  642         (c) Prepare an annual statistical report on the incidence
  643  and causes of death resulting from reported child abuse in the
  644  state during the prior calendar year. The state committee shall
  645  submit a copy of the report by October 1 December 31 of each
  646  year to the Governor, the President of the Senate, and the
  647  Speaker of the House of Representatives. The report must include
  648  recommendations for state and local action, including specific
  649  policy, procedural, regulatory, or statutory changes, and any
  650  other recommended preventive action.
  651         Section 10. The Division of Law Revision and Information is
  652  directed to create part V of chapter 409, Florida Statutes,
  653  consisting of ss. 409.986-409.998, Florida Statutes, to be
  654  titled “Community-Based Child Welfare.”
  655         Section 11. Section 409.986, Florida Statutes, is created
  656  to read:
  657         409.986 Legislative findings, intent, and definitions.—
  658         (1)LEGISLATIVE FINDINGS AND INTENT.—
  659         (a)It is the intent of the Legislature that the Department
  660  of Children and Families provide child protection and child
  661  welfare services to children through contracting with community
  662  based care lead agencies. It is further the Legislature’s intent
  663  that communities and other stakeholders in the well-being of
  664  children participate in assuring safety, permanence, and well
  665  being for all children in the state.
  666         (b)The Legislature finds that, when private entities
  667  assume responsibility for the care of children in the child
  668  protection and child welfare system, adequate oversight of the
  669  programmatic, administrative, and fiscal operation of those
  670  entities is essential. The Legislature finds that, ultimately,
  671  the appropriate care of children is the responsibility of the
  672  state and outsourcing the provision of such care does not
  673  relieve the state of its responsibility to ensure that
  674  appropriate care is provided.
  675         (2) CHILD PROTECTION AND CHILD WELFARE OUTCOMES.—It is the
  676  goal of the department to achieve the following outcomes in
  677  conjunction with the community-based care lead agency,
  678  community-based subcontractors, and the community-based care
  679  alliance:
  680         (a) Children are first and foremost protected from abuse
  681  and neglect.
  682         (b) Children are safely maintained in their homes if
  683  possible and appropriate.
  684         (c) Services are provided to protect children and prevent
  685  removal from the home.
  686         (d) Children have permanency and stability in their living
  687  arrangements.
  688         (e) Family relationships and connections are preserved for
  689  children.
  690         (f) Families have enhanced capacity to provide for their
  691  children’s needs.
  692         (g) Children receive appropriate services to meet their
  693  educational needs.
  694         (h) Children receive adequate services to meet their
  695  physical and mental health needs.
  696         (3)DEFINITIONS.—As used in this part, except as otherwise
  697  specially provided, the term:
  698         (a)“Child” or “children” means has the same meaning as the
  699  term “child” as defined in s. 39.01.
  700         (b) “Dependent child” means a child who has been determined
  701  by the court to be in need of care due to allegations of abuse,
  702  neglect, or abandonment.
  703         (c) “Care” means services of any kind which are designed to
  704  facilitate a child remaining safely in his or her own home,
  705  returning safely to his or her own home if he or she is removed,
  706  or obtaining an alternative permanent home if he or she cannot
  707  remain home or be returned home.
  708         (d)Community-based care lead agency” or “lead agency”
  709  means a single entity with which the department has a contract
  710  for the provision of care for children in the child protection
  711  and child welfare system in a community that is no smaller than
  712  a county and no larger than two contiguous judicial circuits.
  713  The secretary of the department may authorize more than one
  714  eligible lead agency within a single county if doing so will
  715  result in more effective delivery of services to children.
  716         (e)Community-based care alliance” or “alliance” means the
  717  group of stakeholders, community leaders, client
  718  representatives, and funders of human services established to
  719  provide a focal point for community participation and governance
  720  of community-based services.
  721         (f)“Related services” includes, but is not limited to,
  722  family preservation, independent living, emergency shelter,
  723  residential group care, foster care, therapeutic foster care,
  724  intensive residential treatment, foster care supervision, case
  725  management, postplacement supervision, permanent foster care,
  726  and family reunification.
  727         Section 12. Section 409.987, Florida Statutes, is created
  728  to read:
  729         409.987 Lead agency procurement.—
  730         (1) Community-based care lead agencies shall be procured by
  731  the department through a competitive process as required by
  732  chapter 287.
  733         (2) The department shall produce a schedule for the
  734  procurement of community-based care lead agencies and provide
  735  the schedule to the community-based care alliances established
  736  pursuant to s. 409.998.
  737         (3) Notwithstanding s. 287.057, the department shall use 5
  738  year contracts with lead agencies.
  739         (4) In order to compete for a contract to serve as a lead
  740  agency, an entity must:
  741         (a) Be organized as a Florida corporation or a governmental
  742  entity.
  743         (b) Be governed by a board of directors. The membership of
  744  the board of directors must be described in the bylaws or
  745  articles of incorporation of each lead agency. At least 75
  746  percent of the membership of the board of directors must be
  747  composed of persons residing in this state. Of the state
  748  residents, at least 51 percent must also reside within the
  749  service area of the lead agency.
  750         (c) Demonstrate financial responsibility through an
  751  organized plan for regular fiscal audits and the posting of a
  752  performance bond.
  753         (5) The procurement of lead agencies must be done in
  754  consultation with the local community-based care alliances.
  755         Section 13. Section 409.988, Florida Statutes, is created
  756  to read:
  757         409.988 Lead agency duties; general provisions.—
  758         (1)DUTIES.—A lead agency:
  759         (a)Shall serve all children referred as a result of a
  760  report of abuse, neglect, or abandonment to the department’s
  761  child abuse hotline regardless of the level of funding allocated
  762  to the lead agency by the state if all related funding is
  763  transferred.
  764         (b) Shall provide accurate and timely information necessary
  765  for oversight by the department pursuant to the child welfare
  766  results-oriented accountability system required by s. 409.997.
  767         (c)Shall follow the financial guidelines developed by the
  768  department and provide for a regular independent auditing of its
  769  financial activities. Such financial information shall be
  770  provided to the community-based care alliance established under
  771  s. 409.998.
  772         (d)Shall prepare all judicial reviews, case plans, and
  773  other reports necessary for court hearings for dependent
  774  children, except those related to the investigation of a
  775  referral from the department’s child abuse hotline, and shall
  776  provide testimony as required for dependency court proceedings.
  777  This duty does not include the preparation of legal pleadings or
  778  other legal documents, which remain the responsibility of the
  779  department.
  780         (e)Shall ensure that all individuals providing care for
  781  dependent children receive appropriate training and meet the
  782  minimum employment standards established by the department.
  783         (f)Shall maintain eligibility to receive all available
  784  federal child welfare funds.
  785         (g)Shall maintain written agreements with Healthy Families
  786  Florida lead entities in its service area pursuant to s. 409.153
  787  to promote cooperative planning for the provision of prevention
  788  and intervention services.
  789         (h)Shall comply with federal and state statutory
  790  requirements and agency rules in the provision of contractual
  791  services.
  792         (i)May subcontract for the provision of services required
  793  by the contract with the lead agency and the department;
  794  however, the subcontracts must specify how the provider will
  795  contribute to the lead agency meeting the performance standards
  796  established pursuant to the child welfare results-oriented
  797  accountability system required by s. 409.997.
  798         (2)LICENSURE.—
  799         (a)A lead agency must be licensed as a child-caring or
  800  child-placing agency by the department under this chapter.
  801         (b)Each foster home, therapeutic foster home, emergency
  802  shelter, or other placement facility operated by the lead agency
  803  must be licensed by the department under chapter 402 or this
  804  chapter.
  805         (c)Substitute care providers who are licensed under s.
  806  409.175 and who have contracted with a lead agency are also
  807  authorized to provide registered or licensed family day care
  808  under s. 402.313 if such care is consistent with federal law and
  809  if the home has met the requirements of s. 402.313.
  810         (d)A foster home licensed under s. 409.175 may be dually
  811  licensed as a child care home under chapter 402 and may receive
  812  a foster care maintenance payment and, to the extent permitted
  813  under federal law, school readiness funding for the same child.
  814         (e)In order to eliminate or reduce the number of duplicate
  815  inspections by various program offices, the department shall
  816  coordinate inspections required for licensure of agencies under
  817  this subsection.
  818         (f)The department may adopt rules to administer this
  819  subsection.
  820         (3)SERVICES.—A lead agency must serve dependent children
  821  through services that are supported by research or are best
  822  child welfare practices. The agency may also provide innovative
  823  services such as family-centered, cognitive-behavioral
  824  interventions designed to mitigate out-of-home placements.
  825         (4)LEAD AGENCY ACTING AS GUARDIAN.
  826         (a) If a lead agency or other provider has accepted case
  827  management responsibilities for a child who is sheltered or
  828  found to be dependent and who is assigned to the care of the
  829  lead agency or other provider, the agency or provider may act as
  830  the child’s guardian for the purpose of registering the child in
  831  school if a parent or guardian of the child is unavailable and
  832  his or her whereabouts cannot reasonably be ascertained.
  833         (b) The lead agency or other provider may also seek
  834  emergency medical attention for the child, but only if a parent
  835  or guardian of the child is unavailable, the parent’s
  836  whereabouts cannot reasonably be ascertained, and a court order
  837  for such emergency medical services cannot be obtained because
  838  of the severity of the emergency or because it is after normal
  839  working hours.
  840         (c)A lead agency or other provider may not consent to
  841  sterilization, abortion, or termination of life support.
  842         (d)If a child’s parents’ rights have been terminated, the
  843  lead agency shall act as guardian of the child in all
  844  circumstances.
  845         Section 14. Section 409.990, Florida Statutes, is created
  846  to read:
  847         409.990 Funding for lead agencies.A contract established
  848  between the department and a lead agency must be funded by a
  849  grant of general revenue, other applicable state funds, or
  850  applicable federal funding sources.
  851         (1)The method of payment for a fixed-price contract with a
  852  lead agency must provide for a 2-month advance payment at the
  853  beginning of each fiscal year and equal monthly payments
  854  thereafter.
  855         (2)Notwithstanding s. 215.425, all documented federal
  856  funds earned for the current fiscal year by the department and
  857  lead agencies which exceed the amount appropriated by the
  858  Legislature shall be distributed to all entities that
  859  contributed to the excess earnings based on a schedule and
  860  methodology developed by the department and approved by the
  861  Executive Office of the Governor.
  862         (a)Distribution shall be pro rata based on total earnings
  863  and shall be made only to those entities that contributed to
  864  excess earnings.
  865         (b) Excess earnings of lead agencies shall be used only in
  866  the service district in which they were earned.
  867         (c)Additional state funds appropriated by the Legislature
  868  for lead agencies or made available pursuant to the budgetary
  869  amendment process described in s. 216.177 shall be transferred
  870  to the lead agencies.
  871         (d) The department shall amend a lead agency’s contract to
  872  permit expenditure of the funds.
  873         (3)Notwithstanding other provisions in this section, the
  874  amount of the annual contract for a lead agency may be increased
  875  by excess federal funds earned in accordance with s.
  876  216.181(11).
  877         (4)Each contract with a lead agency shall provide for the
  878  payment by the department to the lead agency of a reasonable
  879  administrative cost in addition to funding for the provision of
  880  services.
  881         (5)A lead agency may carry forward documented unexpended
  882  state funds from one fiscal year to the next; however, the
  883  cumulative amount carried forward may not exceed 8 percent of
  884  the total contract. Any unexpended state funds in excess of that
  885  percentage must be returned to the department.
  886         (a)The funds carried forward may not be used in any way
  887  that would create increased recurring future obligations, and
  888  such funds may not be used for any type of program or service
  889  that is not currently authorized by the existing contract with
  890  the department.
  891         (b)Expenditures of funds carried forward must be
  892  separately reported to the department.
  893         (c)Any unexpended funds that remain at the end of the
  894  contract period shall be returned to the department.
  895         (d)Funds carried forward may be retained through any
  896  contract renewals and any new procurements as long as the same
  897  lead agency is retained by the department.
  898         (6)It is the intent of the Legislature to improve services
  899  and local participation in community-based care initiatives by
  900  fostering community support and providing enhanced prevention
  901  and in-home services, thereby reducing the risk otherwise faced
  902  by lead agencies. There is established a community partnership
  903  matching grant program to be operated by the department for the
  904  purpose of encouraging local participation in community-based
  905  care for child welfare. A community-based care alliance direct
  906  support organization, a children’s services council, or another
  907  local entity that makes a financial commitment to a community
  908  based care lead agency may be eligible for a matching grant. The
  909  total amount of the local contribution may be matched on a one
  910  to-one basis up to a maximum annual amount of $500,000 per lead
  911  agency. Awarded matching grant funds may be used for any
  912  prevention or in-home services that can be reasonably expected
  913  to reduce the number of children entering the child welfare
  914  system. Funding available for the matching grant program is
  915  subject to legislative appropriation of nonrecurring funds
  916  provided for this purpose.
  917         (7)(a) The department, in consultation with the Florida
  918  Coalition for Children, Inc., shall develop and implement a
  919  community-based care risk pool initiative to mitigate the
  920  financial risk to eligible lead agencies. This initiative must
  921  include:
  922         1. A risk pool application and protocol developed by the
  923  department which outline submission criteria, including, but not
  924  limited to, financial and program management, descriptive data
  925  requirements, and timeframes for submission of applications.
  926  Requests for funding from risk pool applicants shall be based on
  927  relevant and verifiable service trends and changes that have
  928  occurred during the current fiscal year. The application shall
  929  confirm that expenditure of approved risk pool funds by the lead
  930  agency shall be completed within the current fiscal year.
  931         2. A risk pool peer review committee, appointed by the
  932  secretary and consisting of department staff and representatives
  933  from at least three nonapplicant lead agencies, which reviews
  934  and assesses all risk pool applications. Upon completion of each
  935  application review, the peer review committee shall report its
  936  findings and recommendations to the secretary providing, at a
  937  minimum, the following information:
  938         a. Justification for the specific funding amount required
  939  by the risk pool applicant based on current year service trend
  940  data, including validation that the applicant’s financial need
  941  was caused by circumstances beyond the control of the lead
  942  agency management;
  943         b. Verification that the proposed use of risk pool funds
  944  meets at least one of the criteria in paragraph (c); and
  945         c. Evidence of technical assistance provided in an effort
  946  to avoid the need to access the risk pool and recommendations
  947  for technical assistance to the lead agency to ensure that risk
  948  pool funds are expended effectively and that the agency’s need
  949  for future risk pool funding is diminished.
  950         (b) Upon approval by the secretary of a risk pool
  951  application, the department may request funds from the risk pool
  952  in accordance with s. 216.181(6)(a).
  953         (c) The purposes for which the community-based care risk
  954  pool shall be used include:
  955         1. Significant changes in the number or composition of
  956  clients eligible to receive services.
  957         2. Significant changes in the services that are eligible
  958  for reimbursement.
  959         3. Continuity of care in the event of failure,
  960  discontinuance of service, or financial misconduct by a lead
  961  agency.
  962         4. Significant changes in the mix of available funds.
  963         (d) The department may also request in its annual
  964  legislative budget request, and the Governor may recommend, that
  965  the funding necessary to carry out paragraph (c) be appropriated
  966  to the department. In addition, the department may request the
  967  allocation of funds from the community-based care risk pool in
  968  accordance with s. 216.181(6)(a). Funds from the pool may be
  969  used to match available federal dollars.
  970         1. Such funds shall constitute partial security for
  971  contract performance by lead agencies and shall be used to
  972  offset the need for a performance bond.
  973         2. The department may separately require a bond to mitigate
  974  the financial consequences of potential acts of malfeasance or
  975  misfeasance or criminal violations by the provider.
  976         Section 15. Section 409.16713, Florida Statutes, is
  977  transferred, renumbered as section 409.991, Florida Statutes,
  978  and paragraph (a) of subsection (1) of that section is amended,
  979  to read:
  980         409.991 409.16713 Allocation of funds for community-based
  981  care lead agencies.—
  982         (1) As used in this section, the term:
  983         (a) “Core services funding” means all funds allocated to
  984  community-based care lead agencies operating under contract with
  985  the department pursuant to s. 409.987 s. 409.1671, with the
  986  following exceptions:
  987         1. Funds appropriated for independent living;
  988         2. Funds appropriated for maintenance adoption subsidies;
  989         3. Funds allocated by the department for protective
  990  investigations training;
  991         4. Nonrecurring funds;
  992         5. Designated mental health wrap-around services funds; and
  993         6. Funds for special projects for a designated community
  994  based care lead agency.
  995         Section 16. Section 409.992, Florida Statutes, is created
  996  to read:
  997         409.992 Lead agency expenditures.
  998         (1)The procurement of commodities or contractual services
  999  by lead agencies shall be governed by the financial guidelines
 1000  developed by the department which comply with applicable state
 1001  and federal law and follow good business practices. Pursuant to
 1002  s. 11.45, the Auditor General may provide technical advice in
 1003  the development of the financial guidelines.
 1004         (2)Notwithstanding any other provision of law, a
 1005  community-based care lead agency may make expenditures for staff
 1006  cellular telephone allowances, contracts requiring deferred
 1007  payments and maintenance agreements, security deposits for
 1008  office leases, related agency professional membership dues other
 1009  than personal professional membership dues, promotional
 1010  materials, and grant writing services. Expenditures for food and
 1011  refreshments, other than those provided to clients in the care
 1012  of the agency or to foster parents, adoptive parents, and
 1013  caseworkers during training sessions, are not allowable.
 1014         (3)A lead community-based care agency and its
 1015  subcontractors are exempt from state travel policies as provided
 1016  in s. 112.061(3)(a) for their travel expenses incurred in order
 1017  to comply with the requirements of this section.
 1018         Section 17. Section 409.993, Florida Statutes, is created
 1019  to read:
 1020         409.993 Lead agencies and subcontractor liability.—
 1021         (1)FINDINGS.—
 1022         (a) The Legislature finds that the state has traditionally
 1023  provided foster care services to children who have been the
 1024  responsibility of the state. As such, foster children have not
 1025  had the right to recover for injuries beyond the limitations
 1026  specified in s. 768.28. The Legislature has determined that
 1027  foster care and related services need to be outsourced pursuant
 1028  to this section and that the provision of such services is of
 1029  paramount importance to the state. The purpose for such
 1030  outsourcing is to increase the level of safety, security, and
 1031  stability of children who are or become the responsibility of
 1032  the state. One of the components necessary to secure a safe and
 1033  stable environment for such children is that private providers
 1034  maintain liability insurance. As such, insurance needs to be
 1035  available and remain available to nongovernmental foster care
 1036  and related services providers without the resources of such
 1037  providers being significantly reduced by the cost of maintaining
 1038  such insurance.
 1039         (b)The Legislature further finds that, by requiring the
 1040  following minimum levels of insurance, children in outsourced
 1041  foster care and related services will gain increased protection
 1042  and rights of recovery in the event of injury than provided for
 1043  in s. 768.28.
 1044         (2)LEAD AGENCY LIABILITY.—
 1045         (a) Other than an entity to which s. 768.28 applies, an
 1046  eligible community-based care lead agency, or its employees or
 1047  officers, except as otherwise provided in paragraph (b), must,
 1048  as a part of its contract, obtain a minimum of $1 million per
 1049  claim/$3 million per incident in general liability insurance
 1050  coverage. The eligible community-based care lead agency must
 1051  also require that staff who transport client children and
 1052  families in their personal automobiles in order to carry out
 1053  their job responsibilities obtain minimum bodily injury
 1054  liability insurance in the amount of $100,000 per claim,
 1055  $300,000 per incident, on their personal automobiles. In lieu of
 1056  personal motor vehicle insurance, the lead agency’s casualty,
 1057  liability, or motor vehicle insurance carrier may provide
 1058  nonowned automobile liability coverage. Such insurance provides
 1059  liability insurance for automobiles that the provider uses in
 1060  connection with the agency’s business but does not own, lease,
 1061  rent, or borrow. Such coverage includes automobiles owned by the
 1062  employees of the lead agency or a member of the employee’s
 1063  household but only while the automobiles are used in connection
 1064  with the agency’s business. The nonowned automobile coverage for
 1065  the lead agency applies as excess coverage over any other
 1066  collectible insurance. The personal automobile policy for the
 1067  employee of the lead agency must be primary insurance, and the
 1068  nonowned automobile coverage of the agency acts as excess
 1069  insurance to the primary insurance. The lead agency shall
 1070  provide a minimum limit of $1 million in nonowned automobile
 1071  coverage. In a tort action brought against such an eligible
 1072  community-based care lead agency or employee, net economic
 1073  damages shall be limited to $1 million per liability claim and
 1074  $100,000 per automobile claim, including, but not limited to,
 1075  past and future medical expenses, wage loss, and loss of earning
 1076  capacity, offset by any collateral source payment paid or
 1077  payable. In any tort action brought against such an eligible
 1078  community-based care lead agency, noneconomic damages shall be
 1079  limited to $200,000 per claim. A claims bill may be brought on
 1080  behalf of a claimant pursuant to s. 768.28 for any amount
 1081  exceeding the limits specified in this paragraph. Any offset of
 1082  collateral source payments made as of the date of the settlement
 1083  or judgment shall be in accordance with s. 768.76. The
 1084  community-based care lead agency is not liable in tort for the
 1085  acts or omissions of its subcontractors or the officers, agents,
 1086  or employees of its subcontractors.
 1087         (b) The liability of an eligible community-based care lead
 1088  agency described in this section shall be exclusive and in place
 1089  of all other liability of such lead agency. The same immunities
 1090  from liability enjoyed by such lead agencies shall extend as
 1091  well to each employee of the lead agency when such employee is
 1092  acting in furtherance of the agency’s business, including the
 1093  transportation of clients served, as described in this
 1094  subsection, in privately owned vehicles. Such immunities are not
 1095  applicable to a lead agency or an employee who acts in a
 1096  culpably negligent manner or with willful and wanton disregard
 1097  or unprovoked physical aggression if such acts result in injury
 1098  or death or such acts proximately cause such injury or death.
 1099  Such immunities are not applicable to employees of the same lead
 1100  agency when each is operating in the furtherance of the agency’s
 1101  business, but they are assigned primarily to unrelated work
 1102  within private or public employment. The same immunity
 1103  provisions enjoyed by a lead agency also apply to any sole
 1104  proprietor, partner, corporate officer or director, supervisor,
 1105  or other person who in the course and scope of his or her duties
 1106  acts in a managerial or policymaking capacity and the conduct
 1107  that caused the alleged injury arose within the course and scope
 1108  of those managerial or policymaking duties. As used in this
 1109  subsection and subsection (3), the term “culpable negligence
 1110  means reckless indifference or grossly careless disregard of
 1111  human life.
 1112         (3)SUBCONTRACTOR LIABILITY.—
 1113         (a) A subcontractor of an eligible community-based care
 1114  lead agency which is a direct provider of foster care and
 1115  related services to children and families, and its employees or
 1116  officers, except as otherwise provided in paragraph (b), must,
 1117  as a part of its contract, obtain a minimum of $1 million per
 1118  claim/$3 million per incident in general liability insurance
 1119  coverage. The subcontractor of an eligible community-based care
 1120  lead agency must also require that staff who transport client
 1121  children and families in their personal automobiles in order to
 1122  carry out their job responsibilities obtain minimum bodily
 1123  injury liability insurance in the amount of $100,000 per claim,
 1124  $300,000 per incident, on their personal automobiles. In lieu of
 1125  personal motor vehicle insurance, the subcontractor’s casualty,
 1126  liability, or motor vehicle insurance carrier may provide
 1127  nonowned automobile liability coverage. Such insurance provides
 1128  liability insurance for automobiles that the subcontractor uses
 1129  in connection with the subcontractor’s business but does not
 1130  own, lease, rent, or borrow. Such coverage includes automobiles
 1131  owned by the employees of the subcontractor or a member of the
 1132  employee’s household but only while the automobiles are used in
 1133  connection with the subcontractor’s business. The nonowned
 1134  automobile coverage for the subcontractor applies as excess
 1135  coverage over any other collectible insurance. The personal
 1136  automobile policy for the employee of the subcontractor shall be
 1137  primary insurance, and the nonowned automobile coverage of the
 1138  subcontractor acts as excess insurance to the primary insurance.
 1139  The subcontractor shall provide a minimum limit of $1 million in
 1140  nonowned automobile coverage. In a tort action brought against
 1141  such subcontractor or employee, net economic damages shall be
 1142  limited to $1 million per liability claim and $100,000 per
 1143  automobile claim, including, but not limited to, past and future
 1144  medical expenses, wage loss, and loss of earning capacity,
 1145  offset by any collateral source payment paid or payable. In a
 1146  tort action brought against such subcontractor, noneconomic
 1147  damages shall be limited to $200,000 per claim. A claims bill
 1148  may be brought on behalf of a claimant pursuant to s. 768.28 for
 1149  any amount exceeding the limits specified in this paragraph. Any
 1150  offset of collateral source payments made as of the date of the
 1151  settlement or judgment shall be in accordance with s. 768.76.
 1152         (b) The liability of a subcontractor of an eligible
 1153  community-based care lead agency that is a direct provider of
 1154  foster care and related services as described in this section
 1155  shall be exclusive and in place of all other liability of such
 1156  lead agency. The same immunities from liability enjoyed by such
 1157  subcontractor provider shall extend as well to each employee of
 1158  the subcontractor when such employee is acting in furtherance of
 1159  the subcontractor’s business, including the transportation of
 1160  clients served, as described in this subsection, in privately
 1161  owned vehicles. Such immunities are not applicable to a
 1162  subcontractor or an employee who acts in a culpably negligent
 1163  manner or with willful and wanton disregard or unprovoked
 1164  physical aggression when such acts result in injury or death or
 1165  such acts proximately cause such injury or death. Such
 1166  immunities are not applicable to employees of the same
 1167  subcontractor when each is operating in the furtherance of the
 1168  subcontractor’s business, but they are assigned primarily to
 1169  unrelated works within private or public employment. The same
 1170  immunity provisions enjoyed by a subcontractor also apply to any
 1171  sole proprietor, partner, corporate officer or director,
 1172  supervisor, or other person who in the course and scope of his
 1173  or her duties acts in a managerial or policymaking capacity and
 1174  the conduct that caused the alleged injury arose within the
 1175  course and scope of those managerial or policymaking duties.
 1176         (4) LIMITATIONS ON DAMAGES.—The Legislature is cognizant of
 1177  the increasing costs of goods and services each year and
 1178  recognizes that fixing a set amount of compensation has the
 1179  effect of a reduction in compensation each year. Accordingly,
 1180  the conditional limitations on damages in this section shall be
 1181  increased at the rate of 5 percent each year, prorated from July
 1182  1, 2014, to the date at which damages subject to such
 1183  limitations are awarded by final judgment or settlement.
 1184         Section 18. Section 409.1675, Florida Statutes, is
 1185  transferred and renumbered as section 409.994, Florida Statutes,
 1186  and amended to read:
 1187         409.994 409.1675Lead Community-based care lead agencies
 1188  providers; receivership.—
 1189         (1) The Department of Children and Families Family Services
 1190  may petition a court of competent jurisdiction for the
 1191  appointment of a receiver for a lead community-based care lead
 1192  agency provider established pursuant to s. 409.987 if s.
 1193  409.1671 when any of the following conditions exist:
 1194         (a) The lead agency community-based provider is operating
 1195  without a license as a child-placing agency.
 1196         (b) The lead agency community-based provider has given less
 1197  than 120 days’ notice of its intent to cease operations, and
 1198  arrangements have not been made for another lead agency
 1199  community-based provider or for the department to continue the
 1200  uninterrupted provision of services.
 1201         (c) The department determines that conditions exist in the
 1202  lead agency community-based provider which present an imminent
 1203  danger to the health, safety, or welfare of the dependent
 1204  children under that agency’s provider’s care or supervision.
 1205  Whenever possible, the department shall make a reasonable effort
 1206  to facilitate the continued operation of the program.
 1207         (d) The lead agency community-based provider cannot meet
 1208  its current financial obligations to its employees, contractors,
 1209  or foster parents. Issuance of bad checks or the existence of
 1210  delinquent obligations for payment of salaries, utilities, or
 1211  invoices for essential services or commodities shall constitute
 1212  prima facie evidence that the lead agency community-based
 1213  provider lacks the financial ability to meet its financial
 1214  obligations.
 1215         (2)(a) The petition for receivership shall take precedence
 1216  over other court business unless the court determines that some
 1217  other pending proceeding, having statutory precedence, has
 1218  priority.
 1219         (b) A hearing shall be conducted within 5 days after the
 1220  filing of the petition, at which time interested parties shall
 1221  have the opportunity to present evidence as to whether a
 1222  receiver should be appointed. The department shall give
 1223  reasonable notice of the hearing on the petition to the lead
 1224  agency community-based provider.
 1225         (c) The court shall grant the petition upon finding that
 1226  one or more of the conditions in subsection (1) exists and the
 1227  continued existence of the condition or conditions jeopardizes
 1228  the health, safety, or welfare of dependent children. A receiver
 1229  may be appointed ex parte when the court determines that one or
 1230  more of the conditions in subsection (1) exists. After such
 1231  finding, the court may appoint any person, including an employee
 1232  of the department who is qualified by education, training, or
 1233  experience to carry out the duties of the receiver pursuant to
 1234  this section, except that the court may shall not appoint any
 1235  member of the governing board or any officer of the lead agency
 1236  community-based provider. The receiver may be selected from a
 1237  list of persons qualified to act as receivers which is developed
 1238  by the department and presented to the court with each petition
 1239  of receivership.
 1240         (d) A receiver may be appointed for up to 90 days, and the
 1241  department may petition the court for additional 30-day
 1242  extensions. Sixty days after appointment of a receiver and every
 1243  30 days thereafter until the receivership is terminated, the
 1244  department shall submit to the court an assessment of the lead
 1245  agency’s community-based provider’s ability to ensure the
 1246  health, safety, and welfare of the dependent children under its
 1247  supervision.
 1248         (3) The receiver shall take such steps as are reasonably
 1249  necessary to ensure the continued health, safety, and welfare of
 1250  the dependent children under the supervision of the lead agency
 1251  community-based provider and shall exercise those powers and
 1252  perform those duties set out by the court, including, but not
 1253  limited to:
 1254         (a) Taking such action as is reasonably necessary to
 1255  protect or conserve the assets or property of the lead agency
 1256  community-based provider. The receiver may use the assets and
 1257  property and any proceeds from any transfer thereof only in the
 1258  performance of the powers and duties provided set forth in this
 1259  section and by order of the court.
 1260         (b) Using the assets of the lead agency community-based
 1261  provider in the provision of care and services to dependent
 1262  children.
 1263         (c) Entering into contracts and hiring agents and employees
 1264  to carry out the powers and duties of the receiver under this
 1265  section.
 1266         (d) Having full power to direct, manage, hire, and
 1267  discharge employees of the lead agency community-based provider.
 1268  The receiver shall hire and pay new employees at the rate of
 1269  compensation, including benefits, approved by the court.
 1270         (e) Honoring all leases, mortgages, and contractual
 1271  obligations of the lead agency community-based provider, but
 1272  only to the extent of payments that become due during the period
 1273  of the receivership.
 1274         (4)(a) The receiver shall deposit funds received in a
 1275  separate account and shall use this account for all
 1276  disbursements.
 1277         (b) A payment to the receiver of any sum owing to the lead
 1278  agency community-based provider shall discharge any obligation
 1279  to the provider to the extent of the payment.
 1280         (5) A receiver may petition the court for temporary relief
 1281  from obligations entered into by the lead agency community-based
 1282  provider if the rent, price, or rate of interest required to be
 1283  paid under the agreement was substantially in excess of a
 1284  reasonable rent, price, or rate of interest at the time the
 1285  contract was entered into, or if any material provision of the
 1286  agreement was unreasonable when compared to contracts negotiated
 1287  under similar conditions. Any relief in this form provided by
 1288  the court shall be limited to the life of the receivership,
 1289  unless otherwise determined by the court.
 1290         (6) The court shall set the compensation of the receiver,
 1291  which shall be considered a necessary expense of a receivership
 1292  and may grant to the receiver such other authority necessary to
 1293  ensure the health, safety, and welfare of the children served.
 1294         (7) A receiver may be held liable in a personal capacity
 1295  only for the receiver’s own gross negligence, intentional acts,
 1296  or breaches of fiduciary duty. This section may shall not be
 1297  interpreted to be a waiver of sovereign immunity should the
 1298  department be appointed receiver.
 1299         (8) If the receiver is not the department, the court may
 1300  require a receiver to post a bond to ensure the faithful
 1301  performance of these duties.
 1302         (9) The court may terminate a receivership when:
 1303         (a) The court determines that the receivership is no longer
 1304  necessary because the conditions that gave rise to the
 1305  receivership no longer exist; or
 1306         (b) The department has entered into a contract with a new
 1307  lead agency community-based provider pursuant to s. 409.987 s.
 1308  409.1671, and that contractor is ready and able to assume the
 1309  duties of the previous lead agency provider.
 1310         (10) Within 30 days after the termination, unless this time
 1311  period is extended by the court, the receiver shall give the
 1312  court a complete accounting of all property of which the
 1313  receiver has taken possession, of all funds collected and
 1314  disbursed, and of the expenses of the receivership.
 1315         (11) Nothing in This section does not shall be construed to
 1316  relieve any employee of the lead agency community-based provider
 1317  placed in receivership of any civil or criminal liability
 1318  incurred, or any duty imposed by law, by reason of acts or
 1319  omissions of the employee before prior to the appointment of a
 1320  receiver, and; nor shall anything contained in this section does
 1321  not be construed to suspend during the receivership any
 1322  obligation of the employee for payment of taxes or other
 1323  operating or maintenance expenses of the lead agency community
 1324  based provider or for the payment of mortgages or liens. The
 1325  lead agency community-based provider shall retain the right to
 1326  sell or mortgage any facility under receivership, subject to the
 1327  prior approval of the court that ordered the receivership.
 1328         Section 19. Section 409.996, Florida Statutes, is created
 1329  to read:
 1330         409.996 Duties of the Department of Children and Families.
 1331  The department shall contract for the delivery, administration,
 1332  or management of care for children in the child protection and
 1333  child welfare system. In doing so, the department retains
 1334  responsibility for the quality of contracted services and
 1335  programs and shall ensure that services are delivered in
 1336  accordance with applicable federal and state statutes and
 1337  regulations.
 1338         (1)The department shall enter into contracts with lead
 1339  agencies to perform the duties of a lead agency pursuant to s.
 1340  409.988. At a minimum, the contracts must:
 1341         (a) Provide for the services needed to accomplish the
 1342  duties established in s. 409.988 and provide information to the
 1343  department which is necessary to meet the requirements for a
 1344  quality assurance program pursuant to subsection (18) and the
 1345  child welfare results-oriented accountability system pursuant to
 1346  s. 409.997.
 1347         (b)Provide for graduated penalties for failure to comply
 1348  with contract terms. Such penalties may include financial
 1349  penalties, enhanced monitoring and reporting, corrective action
 1350  plans, and early termination of contracts or other appropriate
 1351  action to ensure contract compliance.
 1352         (c)Ensure that the lead agency shall furnish current and
 1353  accurate information on its activities in all cases in client
 1354  case records in the state’s statewide automated child welfare
 1355  information system.
 1356         (d)Specify the procedures to be used by the parties to
 1357  resolve differences in interpreting the contract or to resolve
 1358  disputes as to the adequacy of the parties’ compliance with
 1359  their respective obligations under the contract.
 1360         (2)The department must adopt written policies and
 1361  procedures for monitoring the contract for delivery of services
 1362  by lead agencies. These policies and procedures must, at a
 1363  minimum, address the evaluation of fiscal accountability and
 1364  program operations, including provider achievement of
 1365  performance standards, provider monitoring of subcontractors,
 1366  and timely follow up of corrective actions for significant
 1367  monitoring findings related to providers and subcontractors.
 1368  These policies and procedures must also include provisions for
 1369  reducing the duplication of the department’s program monitoring
 1370  activities both internally and with other agencies, to the
 1371  extent possible. The department’s written procedures must ensure
 1372  that the written findings, conclusions, and recommendations from
 1373  monitoring the contract for services of lead agencies are
 1374  communicated to the director of the provider agency and the
 1375  community-based care alliance as expeditiously as possible.
 1376         (3)The department shall receive federal and state funds as
 1377  appropriated for the operation of the child welfare system and
 1378  shall transmit these funds to the lead agencies as agreed. The
 1379  department retains responsibility for the appropriate spending
 1380  of these funds. The department shall monitor lead agencies to
 1381  assess compliance with the financial guidelines established
 1382  pursuant to s. 409.992 and other applicable state and federal
 1383  laws.
 1384         (4)The department shall provide technical assistance and
 1385  consultation to lead agencies in the provision of care to
 1386  children in the child protection and child welfare system.
 1387         (5)The department retains the responsibility for the
 1388  review, approval or denial, and issuances of all foster home
 1389  licenses.
 1390         (6)The department shall process all applications submitted
 1391  by lead agencies for the Interstate Compact for Placement of
 1392  Children and the Interstate Compact for Adoption and Medical
 1393  Assistance.
 1394         (7)The department shall assist lead agencies with access
 1395  to and coordination with other service programs within the
 1396  department.
 1397         (8)The department shall determine Medicaid eligibility for
 1398  all referred children and will coordinate services with the
 1399  Agency for Health Care Administration.
 1400         (9)The department shall develop, in cooperation with the
 1401  lead agencies, a standardized competency-based curriculum for
 1402  certification training and for administering the certification
 1403  testing program for child protection staff.
 1404         (10)The department shall maintain the statewide adoptions
 1405  website and provide information and training to the lead
 1406  agencies relating to the website.
 1407         (11)The department shall provide training and assistance
 1408  to lead agencies regarding the responsibility of lead agencies
 1409  relating to children receiving supplemental security income,
 1410  social security, railroad retirement, or veterans benefits.
 1411         (12)With the assistance of a lead agency, the department
 1412  shall develop and implement statewide and local interagency
 1413  agreements needed to coordinate services for children and
 1414  parents involved in the child welfare system who are also
 1415  involved with the Agency for Persons with Disabilities, the
 1416  Department of Juvenile Justice, the Department of Education, the
 1417  Department of Health, and other governmental organizations that
 1418  share responsibilities for children or parents in the child
 1419  welfare system.
 1420         (13)With the assistance of a lead agency, the department
 1421  shall develop and implement a working agreement between the lead
 1422  agency and the substance abuse and mental health managing entity
 1423  to integrate services and supports for children and parents
 1424  serviced in the child welfare system.
 1425         (14)The department shall work with the Agency for Health
 1426  Care Administration to provide each child the services of the
 1427  Medicaid early and periodic screening, diagnosis, and treatment
 1428  entitlement including 72-hour screening, periodic child health
 1429  checkups, and prescribed follow up for ordered services,
 1430  including medical, dental, and vision care.
 1431         (15)The department shall assist lead agencies in
 1432  developing an array of services in compliance with the Title IV
 1433  E Waiver and shall monitor the provision of those services.
 1434         (16)The department shall provide a mechanism to allow lead
 1435  agencies to request a waiver of department policies and
 1436  procedures that create inefficiencies or inhibit the performance
 1437  of the lead agency duties.
 1438         (17) The department shall directly or through contract
 1439  provide attorneys to prepare and present cases in dependency
 1440  court and shall ensure that the court is provided with adequate
 1441  information for informed decisionmaking in dependency cases,
 1442  including a fact sheet for each case which lists the names and
 1443  contact information for any child protective investigator, child
 1444  protective investigation supervisor, case manager, case manager
 1445  supervisor, and the regional department official responsible for
 1446  the lead agency contract. For the Sixth Judicial Circuit, the
 1447  department shall contract with the state attorney for the
 1448  provision of these services.
 1449         (18) The department, in consultation with lead agencies,
 1450  shall establish a quality assurance program for contracted
 1451  services to dependent children. The quality assurance program
 1452  shall be based on standards established by federal and state law
 1453  and national accrediting organizations.
 1454         (a) The department must evaluate each lead agency under
 1455  contract at least annually. These evaluations shall cover the
 1456  programmatic, operational, and fiscal operations of the lead
 1457  agency and be consistent with the child welfare results-oriented
 1458  accountability system pursuant to s. 409.997. The department
 1459  must consult with the chief judge on the performance of the lead
 1460  agency.
 1461         (b) The department shall, to the extent possible, use
 1462  independent financial audits provided by the lead agency to
 1463  eliminate or reduce the ongoing contract and administrative
 1464  reviews conducted by the department. If the department
 1465  determines that such independent financial audits are
 1466  inadequate, other audits, as necessary, may be conducted by the
 1467  department. This paragraph does not abrogate the requirements of
 1468  s. 215.97.
 1469         (c) The department may suggest additional items to be
 1470  included in such independent financial audits to meet the
 1471  department’s needs.
 1472         (d) The department may outsource programmatic,
 1473  administrative, or fiscal monitoring oversight of lead agencies.
 1474         (e) A lead agency must assure that all subcontractors are
 1475  subject to the same quality assurance activities as the lead
 1476  agency.
 1477         Section 20. Section 409.997, Florida Statutes, is created
 1478  to read:
 1479         409.997 Child welfare results-oriented accountability
 1480  system.
 1481         (1) The department and its contract providers, including
 1482  lead agencies, community-based care providers, and other
 1483  community partners participating in the state’s child protection
 1484  and child welfare system, share the responsibility for achieving
 1485  the outcome goals specified in s. 409.986(2).
 1486         (2) In order to assess the achievement of the goals
 1487  specified in s. 409.986(2), the department shall maintain a
 1488  comprehensive, results-oriented accountability system that
 1489  monitors the use of resources, the quality and amount of
 1490  services provided, and the child and family outcomes through
 1491  data analysis, research review, evaluation, and quality
 1492  improvement. In maintaining the accountability system, the
 1493  department shall:
 1494         (a) Identify valid and reliable outcome measures for each
 1495  of the goals specified in this subsection. The outcome data set
 1496  must consist of a limited number of understandable measures
 1497  using available data to quantify outcomes as children move
 1498  through the system of care. Such measures may aggregate multiple
 1499  variables that affect the overall achievement of the outcome
 1500  goal. Valid and reliable measures must be based on adequate
 1501  sample sizes, be gathered over suitable time periods, reflect
 1502  authentic rather than spurious results, and may not be
 1503  susceptible to manipulation.
 1504         (b) Implement a monitoring system to track the identified
 1505  outcome measures on a statewide, regional, and provider-specific
 1506  basis. The monitoring system must identify trends and chart
 1507  progress toward achievement of the goals specified in this
 1508  section. The requirements of the monitoring system may be
 1509  incorporated into the quality assurance system required under s.
 1510  409.996(18).
 1511         (c) Develop and maintain an analytical system that builds
 1512  on the outcomes monitoring system to assess the statistical
 1513  validity of observed associations between child welfare
 1514  interventions and the measured outcomes. The analysis must use
 1515  quantitative methods to adjust for variations in demographic or
 1516  other conditions. The analysis must include longitudinal studies
 1517  to evaluate longer term outcomes such as continued safety,
 1518  family permanence, and transition to self-sufficiency. The
 1519  analysis may also include qualitative research methods to
 1520  provide insight into statistical patterns.
 1521         (d) Develop and maintain a program of research review to
 1522  identify interventions that are supported by evidence as
 1523  causally linked to improved outcomes.
 1524         (e)Support an ongoing process of evaluation to determine
 1525  the efficacy and effectiveness of various interventions.
 1526  Efficacy evaluation is intended to determine the validity of a
 1527  causal relationship between an intervention and an outcome.
 1528  Effectiveness evaluation is intended to determine the extent to
 1529  which the results can be generalized.
 1530         (f) Develop and maintain an inclusive, interactive, and
 1531  evidence-supported program of quality improvement which promotes
 1532  individual skill building as well as organizational learning.
 1533         (g) Develop and implement a method for making the results
 1534  of the accountability system transparent for all parties
 1535  involved in the child welfare system as well as policymakers and
 1536  the public. The presentation shall provide a comprehensible,
 1537  visual report card for the state and each community-based care
 1538  region, indicating the current status relative to each goal and
 1539  trends in that status over time.
 1540         (3) The department shall establish a technical advisory
 1541  panel consisting of representatives from the Florida Institute
 1542  for Child Welfare established pursuant to s. 1004.615, lead
 1543  agencies, community-based care providers, other contract
 1544  providers, community-based care alliances, and family
 1545  representatives. The President of the Senate and the Speaker of
 1546  the House of Representatives shall each appoint a member to
 1547  serve as a legislative liaison to the panel. The technical
 1548  advisory panel shall advise the department on meeting the
 1549  requirements of this section.
 1550         (4) The accountability system may not rank or compare
 1551  performance among community-based care regions unless adequate
 1552  and specific adjustments are adopted which account for the
 1553  diversity in regions’ demographics, resources, and other
 1554  relevant characteristics.
 1555         (5) The results of the accountability system must provide
 1556  the basis for performance incentives if funds for such payments
 1557  are made available through the General Appropriations Act.
 1558         (6) At least quarterly, the department shall make the
 1559  results of the accountability system available to the public
 1560  through publication on its website. The website must allow for
 1561  custom searches of the performance data.
 1562         (7) The department shall report by October 1 of each year
 1563  the statewide and individual community-based care lead agency
 1564  results for child protection and child welfare systems. The
 1565  department shall use the accountability system and consult with
 1566  the community-based care alliance and the chief judge or judges
 1567  in the community-based care service area to prepare the report
 1568  to the Governor, the President of the Senate, and the Speaker of
 1569  the House of Representatives.
 1570         Section 21. Section 409.998, Florida Statutes, is created
 1571  to read:
 1572         409.998 Community-based care alliances.—
 1573         (1)The department shall, in consultation with local
 1574  communities, establish at least one alliance in each community
 1575  based care service area to provide a focal point for community
 1576  participation and governance of child protection and child
 1577  welfare services. The alliance shall be administratively housed
 1578  within the department.
 1579         (2) The primary duty of the alliance is to provide
 1580  independent, community-focused oversight of child welfare
 1581  services and the local system of community-based care. To
 1582  perform this duty, the community alliance shall, with the
 1583  assistance of the department, perform the following activities:
 1584         (a)Conduct a needs assessment and establishment of
 1585  community priorities for child protection and child welfare
 1586  services.
 1587         (b) Advise the department on the programmatic or financial
 1588  performance of the lead agency.
 1589         (c) Recommend a competitive procurement for the lead agency
 1590  if programmatic or financial performance is poor.
 1591         (d) Recommend a contract extension for the lead agency if
 1592  programmatic or financial performance is superior.
 1593         (e) Make recommendations on the development of the
 1594  procurement document. The alliance may suggest specific
 1595  requirements relating to local needs and services.
 1596         (f)Make recommendations to the department on selection of
 1597  a community-based care lead agency.
 1598         (g)Review the programmatic and financial performance of a
 1599  lead agency at least quarterly.
 1600         (h) In partnership with the Florida Institute for Child
 1601  Welfare established under s. 1004.615, develop recommendations
 1602  to the department and the community-based care lead agency to
 1603  improve child protection and child welfare policies and
 1604  practices.
 1605         (i) Promote greater community involvement in community
 1606  based care through participation in community-based care lead
 1607  agency services and activities, solicitation of local financial
 1608  and in-kind resources, recruitment and retention of community
 1609  volunteers, and public awareness efforts.
 1610         (3)The membership of the alliance shall be composed of the
 1611  following:
 1612         (a) A representative from county government chosen by
 1613  mutual agreement by the county boards of commission in the
 1614  service area.
 1615         (b) A representative from the school district chosen by
 1616  mutual agreement by the county school boards in the service
 1617  area.
 1618         (c) A representative from the county sheriff’s office
 1619  chosen by mutual agreement by the county sheriffs in the service
 1620  area.
 1621         (d) A representative from the circuit court chosen by the
 1622  chief judge of the judicial circuit.
 1623         (e) An advocate for persons receiving child protection and
 1624  child welfare services chosen by the secretary.
 1625         (f)One member appointed by the President of the Senate.
 1626         (g) One member appointed by the Speaker of the House of
 1627  Representatives.
 1628         (h) Three other members chosen by the secretary of the
 1629  department based on their expertise in child protection and
 1630  child welfare.
 1631         (4) A member of the alliance may not receive payment for
 1632  contractual services from the department or a community-based
 1633  care lead agency.
 1634         (5)A member of the alliance shall serve without
 1635  compensation but is entitled to receive reimbursement for per
 1636  diem and travel expenses as provided in s. 112.061. Payment may
 1637  also be authorized for preapproved child care expenses or lost
 1638  wages for members who are consumers of the department’s services
 1639  and for preapproved child care expenses for other members who
 1640  demonstrate hardship.
 1641         (6) A member of the alliance is subject to part III of
 1642  chapter 112, the Code of Ethics for Public Officers and
 1643  Employees.
 1644         (7) Actions taken by an alliance must be consistent with
 1645  department, state, and federal laws, rules, and regulations.
 1646         (8) A member of the alliance shall annually submit a
 1647  disclosure statement of services interests to the department’s
 1648  inspector general. A member who has an interest in a matter
 1649  under consideration by the alliance must abstain from voting on
 1650  that matter.
 1651         (9)(a) Authority to create a direct-support organization.
 1652  The alliance is authorized to create a direct-support
 1653  organization.
 1654         1. The direct-support organization must be a Florida
 1655  corporation, not for profit, incorporated under the provisions
 1656  of chapter 617. The direct-support organization shall be exempt
 1657  from paying fees under s. 617.0122.
 1658         2. The direct-support organization shall be organized and
 1659  operated to conduct programs and activities; raise funds;
 1660  request and receive grants, gifts, and bequests of moneys;
 1661  acquire, receive, hold, invest, and administer, in its own name,
 1662  securities, funds, objects of value, or other property, real or
 1663  personal; and make expenditures to or for the direct or indirect
 1664  benefit of the lead agency.
 1665         3. If the Secretary of Children and Families determines
 1666  that the direct-support organization is operating in a manner
 1667  that is inconsistent with the goals and purposes of community
 1668  based care or not acting in the best interest of the community,
 1669  the secretary may terminate the contract and thereafter the
 1670  organization may not use the name of the community-based care
 1671  alliance.
 1672         (b) Contract.—The direct-support organization shall operate
 1673  under a written contract with the department. The written
 1674  contract must, at a minimum, provide for:
 1675         1. Approval of the articles of incorporation and bylaws of
 1676  the direct-support organization by the secretary.
 1677         2. Submission of an annual budget for the approval by the
 1678  secretary or his or her designee.
 1679         3. The reversion without penalty to the department of all
 1680  moneys and property held in trust by the direct-support
 1681  organization for the community-based care alliance if the
 1682  direct-support organization ceases to exist or if the contract
 1683  is terminated.
 1684         4. The fiscal year of the direct-support organization,
 1685  which must begin July 1 of each year and end June 30 of the
 1686  following year.
 1687         5. The disclosure of material provisions of the contract
 1688  and the distinction between the community-based care alliance
 1689  and the direct-support organization to donors of gifts,
 1690  contributions, or bequests, as well as on all promotional and
 1691  fundraising publications.
 1692         (c) Board of directors.—The secretary or his or her
 1693  designee shall appoint a board of directors for the direct
 1694  support organization. The secretary or his or her designee may
 1695  designate members of the alliance or employees of the department
 1696  and the lead agency to serve on the board of directors. Members
 1697  of the board shall serve at the pleasure of the secretary or his
 1698  or her designee.
 1699         (d) Use of property and services.—The secretary or his or
 1700  her designee may:
 1701         1. Authorize the use of facilities and property other than
 1702  moneys that are owned by the state to be used by the direct
 1703  support organization.
 1704         2. Authorize the use of personal services provided by
 1705  employees of the department. For the purposes of this section,
 1706  the term “personal services” includes full-time personnel and
 1707  part-time personnel as well as payroll processing.
 1708         3. Prescribe the conditions by which the direct-support
 1709  organization may use property, facilities, or personal services
 1710  of the office.
 1711         4. Not authorize the use of property, facilities, or
 1712  personal services of the direct-support organization if the
 1713  organization does not provide equal employment opportunities to
 1714  all persons, regardless of race, color, religion, sex, age, or
 1715  national origin.
 1716         (e) Moneys.—Moneys of the direct-support organization may
 1717  be held in a separate depository account in the name of the
 1718  direct-support organization and subject to the provisions of the
 1719  contract with the department.
 1720         (f) Annual audit.—The direct-support organization shall
 1721  provide for an annual financial audit in accordance with s.
 1722  215.981.
 1723         (g) Limits on the direct-support organization.—The direct
 1724  support organization may not exercise any power under s.
 1725  617.0302(12) or (16). A state employee may not receive
 1726  compensation from the direct-support organization for service on
 1727  the board of directors or for services rendered to the direct
 1728  support organization.
 1729         (h) Repeal.—The authority to create a direct-support
 1730  organization expires October 1, 2019, unless saved from repeal
 1731  by reenactment by the Legislature.
 1732         (10) All alliance meetings are open to the public pursuant
 1733  to s. 286.011 and the public records provision of s. 119.07(1).
 1734         Section 22. Subsection (4) of section 20.19, Florida
 1735  Statutes, is repealed.
 1736         Section 23. Sections 409.1671, 409.16715, and 409.16745,
 1737  Florida Statutes, are repealed.
 1738         Section 24. Paragraph (g) of subsection (1) of section
 1739  39.201, Florida Statutes, is amended to read:
 1740         39.201 Mandatory reports of child abuse, abandonment, or
 1741  neglect; mandatory reports of death; central abuse hotline.—
 1742         (1)
 1743         (g) Nothing in this chapter or in the contracting with
 1744  community-based care providers for foster care and related
 1745  services as specified in s. 409.987 s. 409.1671 shall be
 1746  construed to remove or reduce the duty and responsibility of any
 1747  person, including any employee of the community-based care
 1748  provider, to report a suspected or actual case of child abuse,
 1749  abandonment, or neglect or the sexual abuse of a child to the
 1750  department’s central abuse hotline.
 1751         Section 25. Subsections (1), (3), and (5) of section
 1752  409.1676, Florida Statutes, are amended to read:
 1753         409.1676 Comprehensive residential group care services to
 1754  children who have extraordinary needs.—
 1755         (1) It is the intent of the Legislature to provide
 1756  comprehensive residential group care services, including
 1757  residential care, case management, and other services, to
 1758  children in the child protection system who have extraordinary
 1759  needs. These services are to be provided in a residential group
 1760  care setting by a not-for-profit corporation or a local
 1761  government entity under a contract with the Department of
 1762  Children and Families Family Services or by a lead agency as
 1763  described in s. 409.986 s. 409.1671. These contracts should be
 1764  designed to provide an identified number of children with access
 1765  to a full array of services for a fixed price. Further, it is
 1766  the intent of the Legislature that the Department of Children
 1767  and Families Family Services and the Department of Juvenile
 1768  Justice establish an interagency agreement by December 1, 2002,
 1769  which describes respective agency responsibilities for referral,
 1770  placement, service provision, and service coordination for
 1771  dependent and delinquent youth who are referred to these
 1772  residential group care facilities. The agreement must require
 1773  interagency collaboration in the development of terms,
 1774  conditions, and performance outcomes for residential group care
 1775  contracts serving the youth referred who have been adjudicated
 1776  both dependent and delinquent.
 1777         (3) The department, in accordance with a specific
 1778  appropriation for this program, shall contract with a not-for
 1779  profit corporation, a local government entity, or the lead
 1780  agency that has been established in accordance with s. 409.987
 1781  s. 409.1671 for the performance of residential group care
 1782  services described in this section. A lead agency that is
 1783  currently providing residential care may provide this service
 1784  directly with the approval of the local community alliance. The
 1785  department or a lead agency may contract for more than one site
 1786  in a county if that is determined to be the most effective way
 1787  to achieve the goals set forth in this section.
 1788         (5) The department may transfer all casework
 1789  responsibilities for children served under this program to the
 1790  entity that provides this service, including case management and
 1791  development and implementation of a case plan in accordance with
 1792  current standards for child protection services. When the
 1793  department establishes this program in a community that has a
 1794  lead agency as described in s. 409.986 s. 409.1671, the casework
 1795  responsibilities must be transferred to the lead agency.
 1796         Section 26. Subsection (2) of section 409.1677, Florida
 1797  Statutes, is amended to read:
 1798         409.1677 Model comprehensive residential services
 1799  programs.—
 1800         (2) The department shall establish a model comprehensive
 1801  residential services program in Manatee and Miami-Dade Counties
 1802  through a contract with the designated lead agency established
 1803  in accordance with s. 409.987 s. 409.1671 or with a private
 1804  entity capable of providing residential group care and home
 1805  based care and experienced in the delivery of a range of
 1806  services to foster children, if no lead agency exists. These
 1807  model programs are to serve that portion of eligible children
 1808  within each county which is specified in the contract, based on
 1809  funds appropriated, to include a full array of services for a
 1810  fixed price. The private entity or lead agency is responsible
 1811  for all programmatic functions necessary to carry out the intent
 1812  of this section.
 1813         Section 27. Subsection (24) of section 409.906, Florida
 1814  Statutes, is amended to read:
 1815         409.906 Optional Medicaid services.—Subject to specific
 1816  appropriations, the agency may make payments for services which
 1817  are optional to the state under Title XIX of the Social Security
 1818  Act and are furnished by Medicaid providers to recipients who
 1819  are determined to be eligible on the dates on which the services
 1820  were provided. Any optional service that is provided shall be
 1821  provided only when medically necessary and in accordance with
 1822  state and federal law. Optional services rendered by providers
 1823  in mobile units to Medicaid recipients may be restricted or
 1824  prohibited by the agency. Nothing in this section shall be
 1825  construed to prevent or limit the agency from adjusting fees,
 1826  reimbursement rates, lengths of stay, number of visits, or
 1827  number of services, or making any other adjustments necessary to
 1828  comply with the availability of moneys and any limitations or
 1829  directions provided for in the General Appropriations Act or
 1830  chapter 216. If necessary to safeguard the state’s systems of
 1831  providing services to elderly and disabled persons and subject
 1832  to the notice and review provisions of s. 216.177, the Governor
 1833  may direct the Agency for Health Care Administration to amend
 1834  the Medicaid state plan to delete the optional Medicaid service
 1835  known as “Intermediate Care Facilities for the Developmentally
 1836  Disabled.” Optional services may include:
 1837         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 1838  Health Care Administration, in consultation with the Department
 1839  of Children and Families Family Services, may establish a
 1840  targeted case-management project in those counties identified by
 1841  the Department of Children and Families Family Services and for
 1842  all counties with a community-based child welfare project, as
 1843  authorized under s. 409.987 s. 409.1671, which have been
 1844  specifically approved by the department. The covered group of
 1845  individuals who are eligible to receive targeted case management
 1846  include children who are eligible for Medicaid; who are between
 1847  the ages of birth through 21; and who are under protective
 1848  supervision or postplacement supervision, under foster-care
 1849  supervision, or in shelter care or foster care. The number of
 1850  individuals who are eligible to receive targeted case management
 1851  is limited to the number for whom the Department of Children and
 1852  Families Family Services has matching funds to cover the costs.
 1853  The general revenue funds required to match the funds for
 1854  services provided by the community-based child welfare projects
 1855  are limited to funds available for services described under s.
 1856  409.990 s. 409.1671. The Department of Children and Families
 1857  Family Services may transfer the general revenue matching funds
 1858  as billed by the Agency for Health Care Administration.
 1859         Section 28. Paragraph (b) of subsection (4) of section
 1860  409.912, Florida Statutes, is amended to read:
 1861         409.912 Cost-effective purchasing of health care.—The
 1862  agency shall purchase goods and services for Medicaid recipients
 1863  in the most cost-effective manner consistent with the delivery
 1864  of quality medical care. To ensure that medical services are
 1865  effectively utilized, the agency may, in any case, require a
 1866  confirmation or second physician’s opinion of the correct
 1867  diagnosis for purposes of authorizing future services under the
 1868  Medicaid program. This section does not restrict access to
 1869  emergency services or poststabilization care services as defined
 1870  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 1871  shall be rendered in a manner approved by the agency. The agency
 1872  shall maximize the use of prepaid per capita and prepaid
 1873  aggregate fixed-sum basis services when appropriate and other
 1874  alternative service delivery and reimbursement methodologies,
 1875  including competitive bidding pursuant to s. 287.057, designed
 1876  to facilitate the cost-effective purchase of a case-managed
 1877  continuum of care. The agency shall also require providers to
 1878  minimize the exposure of recipients to the need for acute
 1879  inpatient, custodial, and other institutional care and the
 1880  inappropriate or unnecessary use of high-cost services. The
 1881  agency shall contract with a vendor to monitor and evaluate the
 1882  clinical practice patterns of providers in order to identify
 1883  trends that are outside the normal practice patterns of a
 1884  provider’s professional peers or the national guidelines of a
 1885  provider’s professional association. The vendor must be able to
 1886  provide information and counseling to a provider whose practice
 1887  patterns are outside the norms, in consultation with the agency,
 1888  to improve patient care and reduce inappropriate utilization.
 1889  The agency may mandate prior authorization, drug therapy
 1890  management, or disease management participation for certain
 1891  populations of Medicaid beneficiaries, certain drug classes, or
 1892  particular drugs to prevent fraud, abuse, overuse, and possible
 1893  dangerous drug interactions. The Pharmaceutical and Therapeutics
 1894  Committee shall make recommendations to the agency on drugs for
 1895  which prior authorization is required. The agency shall inform
 1896  the Pharmaceutical and Therapeutics Committee of its decisions
 1897  regarding drugs subject to prior authorization. The agency is
 1898  authorized to limit the entities it contracts with or enrolls as
 1899  Medicaid providers by developing a provider network through
 1900  provider credentialing. The agency may competitively bid single
 1901  source-provider contracts if procurement of goods or services
 1902  results in demonstrated cost savings to the state without
 1903  limiting access to care. The agency may limit its network based
 1904  on the assessment of beneficiary access to care, provider
 1905  availability, provider quality standards, time and distance
 1906  standards for access to care, the cultural competence of the
 1907  provider network, demographic characteristics of Medicaid
 1908  beneficiaries, practice and provider-to-beneficiary standards,
 1909  appointment wait times, beneficiary use of services, provider
 1910  turnover, provider profiling, provider licensure history,
 1911  previous program integrity investigations and findings, peer
 1912  review, provider Medicaid policy and billing compliance records,
 1913  clinical and medical record audits, and other factors. Providers
 1914  are not entitled to enrollment in the Medicaid provider network.
 1915  The agency shall determine instances in which allowing Medicaid
 1916  beneficiaries to purchase durable medical equipment and other
 1917  goods is less expensive to the Medicaid program than long-term
 1918  rental of the equipment or goods. The agency may establish rules
 1919  to facilitate purchases in lieu of long-term rentals in order to
 1920  protect against fraud and abuse in the Medicaid program as
 1921  defined in s. 409.913. The agency may seek federal waivers
 1922  necessary to administer these policies.
 1923         (4) The agency may contract with:
 1924         (b) An entity that is providing comprehensive behavioral
 1925  health care services to certain Medicaid recipients through a
 1926  capitated, prepaid arrangement pursuant to the federal waiver
 1927  provided for by s. 409.905(5). Such entity must be licensed
 1928  under chapter 624, chapter 636, or chapter 641, or authorized
 1929  under paragraph (c) or paragraph (d), and must possess the
 1930  clinical systems and operational competence to manage risk and
 1931  provide comprehensive behavioral health care to Medicaid
 1932  recipients. As used in this paragraph, the term “comprehensive
 1933  behavioral health care services” means covered mental health and
 1934  substance abuse treatment services that are available to
 1935  Medicaid recipients. The secretary of the Department of Children
 1936  and Families Family Services shall approve provisions of
 1937  procurements related to children in the department’s care or
 1938  custody before enrolling such children in a prepaid behavioral
 1939  health plan. Any contract awarded under this paragraph must be
 1940  competitively procured. In developing the behavioral health care
 1941  prepaid plan procurement document, the agency shall ensure that
 1942  the procurement document requires the contractor to develop and
 1943  implement a plan to ensure compliance with s. 394.4574 related
 1944  to services provided to residents of licensed assisted living
 1945  facilities that hold a limited mental health license. Except as
 1946  provided in subparagraph 5., and except in counties where the
 1947  Medicaid managed care pilot program is authorized pursuant to s.
 1948  409.91211, the agency shall seek federal approval to contract
 1949  with a single entity meeting these requirements to provide
 1950  comprehensive behavioral health care services to all Medicaid
 1951  recipients not enrolled in a Medicaid managed care plan
 1952  authorized under s. 409.91211, a provider service network
 1953  authorized under paragraph (d), or a Medicaid health maintenance
 1954  organization in an AHCA area. In an AHCA area where the Medicaid
 1955  managed care pilot program is authorized pursuant to s.
 1956  409.91211 in one or more counties, the agency may procure a
 1957  contract with a single entity to serve the remaining counties as
 1958  an AHCA area or the remaining counties may be included with an
 1959  adjacent AHCA area and are subject to this paragraph. Each
 1960  entity must offer a sufficient choice of providers in its
 1961  network to ensure recipient access to care and the opportunity
 1962  to select a provider with whom they are satisfied. The network
 1963  shall include all public mental health hospitals. To ensure
 1964  unimpaired access to behavioral health care services by Medicaid
 1965  recipients, all contracts issued pursuant to this paragraph must
 1966  require 80 percent of the capitation paid to the managed care
 1967  plan, including health maintenance organizations and capitated
 1968  provider service networks, to be expended for the provision of
 1969  behavioral health care services. If the managed care plan
 1970  expends less than 80 percent of the capitation paid for the
 1971  provision of behavioral health care services, the difference
 1972  shall be returned to the agency. The agency shall provide the
 1973  plan with a certification letter indicating the amount of
 1974  capitation paid during each calendar year for behavioral health
 1975  care services pursuant to this section. The agency may reimburse
 1976  for substance abuse treatment services on a fee-for-service
 1977  basis until the agency finds that adequate funds are available
 1978  for capitated, prepaid arrangements.
 1979         1. The agency shall modify the contracts with the entities
 1980  providing comprehensive inpatient and outpatient mental health
 1981  care services to Medicaid recipients in Hillsborough, Highlands,
 1982  Hardee, Manatee, and Polk Counties, to include substance abuse
 1983  treatment services.
 1984         2. Except as provided in subparagraph 5., the agency and
 1985  the Department of Children and Families Family Services shall
 1986  contract with managed care entities in each AHCA area except
 1987  area 6 or arrange to provide comprehensive inpatient and
 1988  outpatient mental health and substance abuse services through
 1989  capitated prepaid arrangements to all Medicaid recipients who
 1990  are eligible to participate in such plans under federal law and
 1991  regulation. In AHCA areas where eligible individuals number less
 1992  than 150,000, the agency shall contract with a single managed
 1993  care plan to provide comprehensive behavioral health services to
 1994  all recipients who are not enrolled in a Medicaid health
 1995  maintenance organization, a provider service network authorized
 1996  under paragraph (d), or a Medicaid capitated managed care plan
 1997  authorized under s. 409.91211. The agency may contract with more
 1998  than one comprehensive behavioral health provider to provide
 1999  care to recipients who are not enrolled in a Medicaid capitated
 2000  managed care plan authorized under s. 409.91211, a provider
 2001  service network authorized under paragraph (d), or a Medicaid
 2002  health maintenance organization in AHCA areas where the eligible
 2003  population exceeds 150,000. In an AHCA area where the Medicaid
 2004  managed care pilot program is authorized pursuant to s.
 2005  409.91211 in one or more counties, the agency may procure a
 2006  contract with a single entity to serve the remaining counties as
 2007  an AHCA area or the remaining counties may be included with an
 2008  adjacent AHCA area and shall be subject to this paragraph.
 2009  Contracts for comprehensive behavioral health providers awarded
 2010  pursuant to this section shall be competitively procured. Both
 2011  for-profit and not-for-profit corporations are eligible to
 2012  compete. Managed care plans contracting with the agency under
 2013  subsection (3) or paragraph (d) shall provide and receive
 2014  payment for the same comprehensive behavioral health benefits as
 2015  provided in AHCA rules, including handbooks incorporated by
 2016  reference. In AHCA area 11, the agency shall contract with at
 2017  least two comprehensive behavioral health care providers to
 2018  provide behavioral health care to recipients in that area who
 2019  are enrolled in, or assigned to, the MediPass program. One of
 2020  the behavioral health care contracts must be with the existing
 2021  provider service network pilot project, as described in
 2022  paragraph (d), for the purpose of demonstrating the cost
 2023  effectiveness of the provision of quality mental health services
 2024  through a public hospital-operated managed care model. Payment
 2025  shall be at an agreed-upon capitated rate to ensure cost
 2026  savings. Of the recipients in area 11 who are assigned to
 2027  MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those
 2028  MediPass-enrolled recipients shall be assigned to the existing
 2029  provider service network in area 11 for their behavioral care.
 2030         3. Children residing in a statewide inpatient psychiatric
 2031  program, or in a Department of Juvenile Justice or a Department
 2032  of Children and Families Family Services residential program
 2033  approved as a Medicaid behavioral health overlay services
 2034  provider may not be included in a behavioral health care prepaid
 2035  health plan or any other Medicaid managed care plan pursuant to
 2036  this paragraph.
 2037         4. Traditional community mental health providers under
 2038  contract with the Department of Children and Families Family
 2039  Services pursuant to part IV of chapter 394, child welfare
 2040  providers under contract with the Department of Children and
 2041  Families Family Services in areas 1 and 6, and inpatient mental
 2042  health providers licensed pursuant to chapter 395 must be
 2043  offered an opportunity to accept or decline a contract to
 2044  participate in any provider network for prepaid behavioral
 2045  health services.
 2046         5. All Medicaid-eligible children, except children in area
 2047  1 and children in Highlands County, Hardee County, Polk County,
 2048  or Manatee County of area 6, which that are open for child
 2049  welfare services in the statewide automated child welfare
 2050  information system, shall receive their behavioral health care
 2051  services through a specialty prepaid plan operated by community
 2052  based lead agencies through a single agency or formal agreements
 2053  among several agencies. The agency shall work with the specialty
 2054  plan to develop clinically effective, evidence-based
 2055  alternatives as a downward substitution for the statewide
 2056  inpatient psychiatric program and similar residential care and
 2057  institutional services. The specialty prepaid plan must result
 2058  in savings to the state comparable to savings achieved in other
 2059  Medicaid managed care and prepaid programs. Such plan must
 2060  provide mechanisms to maximize state and local revenues. The
 2061  specialty prepaid plan shall be developed by the agency and the
 2062  Department of Children and Families Family Services. The agency
 2063  may seek federal waivers to implement this initiative. Medicaid
 2064  eligible children whose cases are open for child welfare
 2065  services in the statewide automated child welfare information
 2066  system and who reside in AHCA area 10 shall be enrolled in a
 2067  capitated provider service network or other capitated managed
 2068  care plan, which, in coordination with available community-based
 2069  care providers specified in s. 409.987 s. 409.1671, shall
 2070  provide sufficient medical, developmental, and behavioral health
 2071  services to meet the needs of these children.
 2072  
 2073  Effective July 1, 2012, in order to ensure continuity of care,
 2074  the agency is authorized to extend or modify current contracts
 2075  based on current service areas or on a regional basis, as
 2076  determined appropriate by the agency, with comprehensive
 2077  behavioral health care providers as described in this paragraph
 2078  during the period prior to its expiration. This paragraph
 2079  expires October 1, 2014.
 2080         Section 29. Paragraph (dd) of subsection (3) of section
 2081  409.91211, Florida Statutes, is amended to read:
 2082         409.91211 Medicaid managed care pilot program.—
 2083         (3) The agency shall have the following powers, duties, and
 2084  responsibilities with respect to the pilot program:
 2085         (dd) To implement service delivery mechanisms within a
 2086  specialty plan in area 10 to provide behavioral health care
 2087  services to Medicaid-eligible children whose cases are open for
 2088  child welfare services in the HomeSafeNet system. These services
 2089  must be coordinated with community-based care providers as
 2090  specified in s. 409.986 s. 409.1671, where available, and be
 2091  sufficient to meet the developmental, behavioral, and emotional
 2092  needs of these children. Children in area 10 who have an open
 2093  case in the HomeSafeNet system shall be enrolled into the
 2094  specialty plan. These service delivery mechanisms must be
 2095  implemented no later than July 1, 2011, in AHCA area 10 in order
 2096  for the children in AHCA area 10 to remain exempt from the
 2097  statewide plan under s. 409.912(4)(b)5. An administrative fee
 2098  may be paid to the specialty plan for the coordination of
 2099  services based on the receipt of the state share of that fee
 2100  being provided through intergovernmental transfers.
 2101         Section 30. Paragraph (d) of subsection (1) of section
 2102  420.628, Florida Statutes, is amended to read:
 2103         420.628 Affordable housing for children and young adults
 2104  leaving foster care; legislative findings and intent.—
 2105         (1)
 2106         (d) The Legislature intends that the Florida Housing
 2107  Finance Corporation, agencies within the State Housing
 2108  Initiative Partnership Program, local housing finance agencies,
 2109  public housing authorities, and their agents, and other
 2110  providers of affordable housing coordinate with the Department
 2111  of Children and Families Family Services, their agents, and
 2112  community-based care providers who provide services under s.
 2113  409.986 s. 409.1671 to develop and implement strategies and
 2114  procedures designed to make affordable housing available
 2115  whenever and wherever possible to young adults who leave the
 2116  child welfare system.
 2117         Section 31. This act shall take effect July 1, 2014.

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