Bill Text: FL S7078 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child Welfare
Spectrum: Committee Bill
Status: (Passed) 2015-05-22 - Chapter No. 2015-79 [S7078 Detail]
Download: Florida-2015-S7078-Introduced.html
Bill Title: Child Welfare
Spectrum: Committee Bill
Status: (Passed) 2015-05-22 - Chapter No. 2015-79 [S7078 Detail]
Download: Florida-2015-S7078-Introduced.html
Florida Senate - 2015 SB 7078 By the Committee on Children, Families, and Elder Affairs 586-03426-15 20157078__ 1 A bill to be entitled 2 An act relating to child welfare; amending s. 39.2015, 3 F.S.; authorizing critical incident rapid response 4 teams to review cases of child deaths occurring during 5 an open investigation; requiring the advisory 6 committee to meet quarterly and submit quarterly 7 reports; amending s. 39.3068, F.S.; requiring case 8 staffing when medical neglect is substantiated; 9 amending s. 383.402, F.S.; requiring an 10 epidemiological child abuse death assessment and 11 prevention system; providing intent for the operation 12 of and interaction between the state and local death 13 review committees; limiting members of the state 14 committee to terms of 2 years, not to exceed three 15 consecutive terms; requiring the committee to elect a 16 chairperson and authorizing specified duties of the 17 chairperson; providing for per diem and reimbursement 18 of expenses; specifying duties of the state committee; 19 deleting obsolete provisions; providing for the 20 convening of county or multicounty local review 21 committees and support by the county health department 22 directors; specifying membership and duties of local 23 review committees; requiring an annual statistical 24 report; specifying that certain responsibilities of 25 the Department of Children and Families are to be 26 administered at the regional level, rather than at the 27 district level; amending s. 409.986, F.S.; revising 28 legislative intent to require community-based care 29 lead agencies to give priority to the use of evidence 30 based and trauma-informed services; amending s. 31 409.988; requiring lead agencies to give priority to 32 the use of evidence-based and trauma-informed 33 services; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Subsections (2) and (11) of section 39.2015, 38 Florida Statutes, are amended to read: 39 39.2015 Critical incident rapid response team.— 40 (2) An immediate onsite investigation conducted by a 41 critical incident rapid response team is required for all child 42 deaths reported to the department if the child or another child 43 in his or her family was the subject of a verified report of 44 suspected abuse or neglect during the previous 12 months. The 45 secretary may direct an immediate investigation for other cases 46 involving death or serious injury to a child, including, but not 47 limited to, a death or serious injury occurring during an open 48 investigation. 49 (11) The secretary shall appoint an advisory committee made 50 up of experts in child protection and child welfare, including 51 the Statewide Medical Director for Child Protection under the 52 Department of Health, a representative from the institute 53 established pursuant to s. 1004.615, an expert in organizational 54 management, and an attorney with experience in child welfare, to 55 conduct an independent review of investigative reports from the 56 critical incident rapid response teams and to make 57 recommendations to improve policies and practices related to 58 child protection and child welfare services. The advisory 59 committee shall meet at least once each quarter andBy October 160of each year, the advisory committeeshall submit quarterly 61 reportsa reportto the secretary which includeincludes62 findings and recommendations. The secretary shall submit each 63thereport to the Governor, the President of the Senate, and the 64 Speaker of the House of Representatives. 65 Section 2. Subsection (3) of section 39.3068, Florida 66 Statutes, is amended to read: 67 39.3068 Reports of medical neglect.— 68 (3) The child shall be evaluated by the child protection 69 team as soon as practicable. IfAfter receipt of the report from70 the child protection team reports that medical neglect is 71 substantiated, the department shall convene a case staffing 72 which shall be attended, at a minimum, by the child protective 73 investigator; department legal staff; and representatives from 74 the child protection team that evaluated the child, Children’s 75 Medical Services, the Agency for Health Care Administration, the 76 community-based care lead agency, and any providers of services 77 to the child. However, the Agency for Health Care Administration 78 is not required to attend the staffing if the child is not 79 Medicaid eligible. The staffing shall consider, at a minimum, 80 available services, given the family’s eligibility for services; 81 services that are effective in addressing conditions leading to 82 medical neglect allegations; and services that would enable the 83 child to safely remain at home. Any services that are available 84 and effective shall be provided. 85 Section 3. Section 383.402, Florida Statutes, is amended to 86 read: 87 383.402 Child abuse death review; State Child Abuse Death 88 Review Committee; local child abuse death review committees.— 89 (1) INTENT.—It is the intent of the Legislature to 90 establish a statewide multidisciplinary, multiagency, 91 epidemiological child abuse death assessment and prevention 92 system that consists of state and local review committees. The 93state and local reviewcommittees shall review the facts and 94 circumstances of all deaths of children from birth tothrough95 age 18 which occur in this state and are reported to the central 96 abuse hotline of the Department of Children and Families. The 97 state and local review committees shall work cooperatively. The 98 primary function of the state review committee is to provide 99 direction and leadership for the review system and to analyze 100 data and recommendations from local review committees to 101 identify issues and trends and to recommend statewide action. 102 The primary function of the local review committees is to 103 conduct individual case reviews of deaths, generate information, 104 make recommendations, and implement improvements at the local 105 level. Each caseThepurpose of thereview must use a data 106 based, epidemiological approachshallbeto: 107 (a) Achieve a greater understanding of the causes and 108 contributing factors of deaths resulting from child abuse. 109 (b) Whenever possible, develop a communitywide approach to 110 address such causescasesand contributing factors. 111 (c) Identify any gaps, deficiencies, or problems in the 112 delivery of services to children and their families by public 113 and private agencies which may be related to deaths that are the 114 result of child abuse. 115 (d) RecommendMakeand implementrecommendations for116 changes in law, rules, and policies at the state and local 117 levels, as well as develop practice standards that support the 118 safe and healthy development of children and reduce preventable 119 child abuse deaths. 120 (e) Implement approved recommendations, to the extent 121 possible. 122 (2) STATE CHILD ABUSE DEATH REVIEW COMMITTEE.— 123 (a) Membership.— 124 1. The State Child Abuse Death Review Committee is 125 established within the Department of Health and shall consist of 126 a representative of the Department of Health, appointed by the 127 State Surgeon General, who shall serve as the state committee 128 coordinator. The head of each of the following agencies or 129 organizations shall also appoint a representative to the state 130 committee: 131 a.1.The Department of Legal Affairs. 132 b.2.The Department of Children and Families. 133 c.3.The Department of Law Enforcement. 134 d.4.The Department of Education. 135 e.5.The Florida Prosecuting Attorneys Association, Inc. 136 f.6.The Florida Medical Examiners Commission, whose 137 representative must be a forensic pathologist. 138 2.(b)In addition, the State Surgeon General shall appoint 139 the following members to the state committee, based on 140 recommendations from the Department of Health and the agencies 141 listed in subparagraph 1.paragraph (a), and ensuring that the 142 committee represents the regional, gender, and ethnic diversity 143 of the state to the greatest extent possible: 144 a.1.The Department of Health Statewide Child Protection 145 Team Medical Directorfor Child Protection. 146 b.2.A public health nurse. 147 c.3.A mental health professional who treats children or 148 adolescents. 149 d.4.An employee of the Department of Children and Families 150 who supervises family services counselors and who has at least 5 151 years of experience in child protective investigations. 152 e.5.The medical director of a child protection team. 153 f.6.A member of a child advocacy organization. 154 g.7.A social worker who has experience in working with 155 victims and perpetrators of child abuse. 156 h.8.A person trained as a paraprofessional in patient 157 resources who is employed in a child abuse prevention program. 158 i.9.A law enforcement officer who has at least 5 years of 159 experience in children’s issues. 160 j.10.A representative of the Florida Coalition Against 161 Domestic Violence. 162 k.11.A representative from a private provider of programs 163 on preventing child abuse and neglect. 164 l. A substance abuse treatment professional. 165 3. The members of the state committee shall be appointed to 166 staggered terms not to exceed 2 years each, as determined by the 167 State Surgeon General. Members may be appointed to no more than 168 three consecutive terms. The state committee shall elect a 169 chairperson from among its members to serve for a 2-year term, 170 and the chairperson may appoint ad hoc committees as necessary 171 to carry out the duties of the committee. 172 4. Members of the state committee shall serve without 173 compensation but may receive reimbursement for per diem and 174 travel expenses incurred in the performance of their duties as 175 provided in s. 112.061 and to the extent that funds are 176 available. 177 (b)(3)Duties.—The State Child Abuse Death Review Committee 178 shall: 179 1.(a)Develop a system for collecting data from local 180 committees on deaths that are reported to the central abuse 181 hotlinethe result of child abuse. The system must include a 182 protocol for the uniform collection of data statewide, which 183 must, at a minimum, use the National Child Death Review Case 184 Reporting System administered by the National Center for the 185 Review and Prevention of Child Deathsuses existing data186collection systems to the greatest extent possible. 187 2.(b)Provide training to cooperating agencies, 188 individuals, and local child abuse death review committees on 189 the use of the child abuse death data system. 190(c) Prepare an annual statistical report on the incidence191and causes of death resulting from reported child abuse in the192state during the prior calendar year. The state committee shall193submit a copy of the report by October 1 of each year to the194Governor, the President of the Senate, and the Speaker of the195House of Representatives. The report must include196recommendations for state and local action, including specific197policy, procedural, regulatory, or statutory changes, and any198other recommended preventive action.199 3.(d)Provide training to local child abuse death review 200 committee members on the dynamics and impact of domestic 201 violence, substance abuse, or mental health disorders when there 202 is a co-occurrence of child abuse. Training mustshallbe 203 provided by the Florida Coalition Against Domestic Violence, the 204 Florida Alcohol and Drug Abuse Association, and the Florida 205 Council for Community Mental Health in each entity’s respective 206 area of expertise. 207 4.(e)Develop statewide uniform guidelines, standards, and 208 protocols, including a protocol for standardized data 209 collection,and reporting, for local child abuse death review 210 committees,and provide training and technical assistance to 211 local committees. 212 5.(f)Develop statewide uniform guidelines for reviewing 213 deaths that are the result of child abuse, including guidelines 214 to be used by law enforcement agencies, prosecutors, medical 215 examiners, health care practitioners, health care facilities, 216 and social service agencies. 217 6.(g)Study the adequacy of laws, rules, training, and 218 services to determine what changes are needed to decrease the 219 incidence of child abuse deaths and develop strategies and 220 recruit partners to implement these changes. 221 7.(h)Provide consultation on individual cases to local 222 committees upon request. 223 8.(i)Educate the public regarding the provisions of 224 chapter 99-168, Laws of Florida, the incidence and causes of 225 child abuse death, and ways by which such deaths may be 226 prevented. 227 9.(j)Promote continuing education for professionals who 228 investigate, treat, and prevent child abuse or neglect. 229 10.(k)Recommend, when appropriate, the review of the death 230 certificate of a child who died as a result of abuse or neglect. 231(4) The members of the state committee shall be appointed232to staggered terms of office which may not exceed 2 years, as233determined by the State Surgeon General. Members are eligible234for2reappointments. The state committee shall elect a235chairperson from among its members to serve for a 2-year term,236and the chairperson may appoint ad hoc committees as necessary237to carry out the duties of the committee.238(5) Members of the state committee shall serve without239compensation but are entitled to reimbursement for per diem and240travel expenses incurred in the performance of their duties as241provided in s. 112.061 and to the extent that funds are242available.243 (3)(6)LOCAL DEATH REVIEW COMMITTEES.—At the direction of 244 the State Surgeon General, a county or multicounty death review 245 committee shall be convened and supported by the county health 246 department directorsthe director of each county health247department, or the directors of two or more county health248departments by agreement,mayconvene and support a county or249multicounty child abuse death review committeein accordance 250 with the protocols established by the State Child Abuse Death 251 Review Committee. 252 (a) Membership.—Each local committee must include local 253 representatives from: 254 1. The state attorney’s office.a local state attorney, or255his or her designee, and256 2. The medical examiner’s office. 257 3. The local Department of Children and Families child 258 protective investigations unit. 259 4. The Department of Health child protection team. 260 5. The community-based care lead agency. 261 6. State, county, or local law enforcement agencies. 262 7. The school district. 263 8. A mental health treatment provider. 264 9. A certified domestic violence center. 265 10. A substance abuse treatment provider. 266 11. Any other members that are determined by guidelines 267 developed by the State Child Abuse Death Review Committee. 268 269 To the extent possible, individuals from these organizations or 270 entities who, in a professional capacity, dealt with a child 271 whose death is verified as caused by abuse or neglect, or with 272 the family of the child, shall attend any meetings where the 273 child’s case is reviewed. The members of a local committee shall 274 be appointed to 2-year terms and may be reappointed.The local275committee shall elect a chairperson from among its members.276 Members shall serve without compensation but may receiveare277entitled toreimbursement for per diem and travel expenses 278 incurred in the performance of their duties as provided in s. 279 112.061 and to the extent that funds are available. 280 (b)(7)Duties.—Each local child abuse death review 281 committee shall: 282 1.(a)Assist the state committee in collecting data on 283 deaths that are the result of child abuse, in accordance with 284 the protocol established by the state committee. The local 285 committee shall complete, to the fullest extent possible, the 286 individual case report in the National Child Death Review Case 287 Reporting System. 288 2.(b)Submit written reports as required byat the289direction ofthe state committee. The reports must include: 290 a. Nonidentifying information fromonindividual cases. 291 b. Identification of any problems with the data system 292 uncovered through the review process and the committee’s 293 recommendations for system improvements and needed resources, 294 training, and information dissemination, where gaps or 295 deficiencies may exist.and296 c. Allthesteps taken by the local committee and private 297 and public agencies to implement necessary changes and improve 298 the coordination of services and reviews. 299 3.(c)Submit all records requested by the state committee 300 at the conclusion of its review of a death resulting from child 301 abuse. 302 4.(d)Abide by the standards and protocols developed by the 303 state committee. 304 5.(e)On a case-by-case basis, request that the state 305 committee review the data of a particular case. 306 (4) ANNUAL STATISTICAL REPORT.—The state committee shall 307 prepare and submit a comprehensive statistical report by October 308 1 of each year to the Governor, the President of the Senate, and 309 the Speaker of the House of Representatives which includes data, 310 trends, analysis, findings, and recommendations for state and 311 local action regarding deaths from child abuse. Data must be 312 presented on an individual calendar year basis and in the 313 context of a multiyear trend. At a minimum, the report must 314 include: 315 (a) Descriptive statistics, including demographic 316 information regarding victims and caregivers, and the causes and 317 nature of deaths. 318 (b) A detailed statistical analysis of the incidence and 319 causes of deaths. 320 (c) Specific issues identified within current policy, 321 procedure, rule, or statute and recommendations to address those 322 issues from both the state and local committees. 323 (d) Other recommendations to prevent deaths from child 324 abuse based on an analysis of the data presented in the report. 325 (5)(8)ACCESS TO AND USE OF RECORDS.— 326 (a) Notwithstanding any other law, the chairperson of the 327 State Child Abuse Death Review Committee, or the chairperson of 328 a local committee, shall be provided with access to any 329 information or records that pertain to a child whose death is 330 being reviewed by the committee and that are necessary for the 331 committee to carry out its duties, including information or 332 records that pertain to the child’s family, as follows: 333 1.(a)Patient records in the possession of a public or 334 private provider of medical, dental, or mental health care, 335 including, but not limited to, a facility licensed under chapter 336 393, chapter 394, or chapter 395, or a health care practitioner 337 as defined in s. 456.001. Providers may charge a fee for copies 338 not to exceed 50 cents per page for paper records and $1 per 339 fiche for microfiche records. 340 2.(b)Information or records of any state agency or 341 political subdivision which might assist a committee in 342 reviewing a child’s death, including, but not limited to, 343 information or records of the Department of Children and 344 Families, the Department of Health, the Department of Education, 345 or the Department of Juvenile Justice. 346 (b)(9)The State Child Abuse Death Review Committee or a 347 local committee shall have access to all information of a law 348 enforcement agency which is not the subject of an active 349 investigation and which pertains to the review of the death of a 350 child. A committee may not disclose any information that is not 351 subject to public disclosure by the law enforcement agency, and 352 active criminal intelligence information or criminal 353 investigative information, as defined in s. 119.011(3), may not 354 be made available for review or access under this section. 355 (c)(10)The state committee and any local committee may 356 share with each other any relevant information that pertains to 357 the review of the death of a child. 358 (d)(11)A member of the state committee or a local 359 committee may not contact, interview, or obtain information by 360 request or subpoena directly from a member of a deceased child’s 361 family as part of a committee’s review of a child abuse death, 362 except that if a committee member is also a public officer or 363 state employee, that member may contact, interview, or obtain 364 information from a member of the deceased child’s family, if 365 necessary, as part of the committee’s review. A member of the 366 deceased child’s family may voluntarily provide records or 367 information to the state committee or a local committee. 368 (e)(12)The chairperson of the State Child Abuse Death 369 Review Committee may require the production of records by 370 requesting a subpoena, through the Department of Legal Affairs, 371 in any county of the state. Such subpoena is effective 372 throughout the state and may be served by any sheriff. Failure 373 to obey the subpoena is punishable as provided by law. 374 (f)(13)This section does not authorize the members of the 375 state committee or any local committee to have access to any 376 grand jury proceedings. 377 (g)(14)A person who has attended a meeting of the state 378 committee or a local committee or who has otherwise participated 379 in activities authorized by this section may not be permitted or 380 required to testify in any civil, criminal, or administrative 381 proceeding as to any records or information produced or 382 presented to a committee during meetings or other activities 383 authorized by this section. However, this subsection does not 384 prevent any person who testifies before the committee or who is 385 a member of the committee from testifying as to matters 386 otherwise within his or her knowledge. An organization, 387 institution, committee member, or other person who furnishes 388 information, data, reports, or records to the state committee or 389 a local committee is not liable for damages to any person and is 390 not subject to any other civil, criminal, or administrative 391 recourse. This subsection does not apply to any person who 392 admits to committing a crime. 393 (6)(15)DEPARTMENT OF HEALTH RESPONSIBILITIES.— 394 (a) The Department of Health shall administer the funds 395 appropriated to operate the review committees and may apply for 396 grants and accept donations. 397 (b)(16)To the extent that funds are available, the 398 Department of Health may hire staff or consultants to assist a 399 review committee in performing its duties. Funds may also be 400 used to reimburse reasonable expenses of the staff and 401 consultants for the state committee and the local committees. 402 (c)(17)For the purpose of carrying out the 403 responsibilities assigned to the State Child Abuse Death Review 404 Committee and the local review committees, the State Surgeon 405 General may substitute an existing entity whose function and 406 organization includesincludethe function and organization of 407 the committees established by this section. 408 (7)(18)DEPARTMENT OF CHILDREN AND FAMILIES 409 RESPONSIBILITIES.—Each regional managing directordistrict410administratorof the Department of Children and Families must 411 appoint a child abuse death review coordinator for the region 412district. The coordinator must have knowledge and expertise in 413 the area of child abuse and neglect. The coordinator’s general 414 responsibilities include: 415 (a) Coordinating with the local child abuse death review 416 committee. 417 (b) Ensuring the appropriate implementation of the child 418 abuse death review process and all regionaldistrictactivities 419 related to the review of child abuse deaths. 420 (c) Working with the committee to ensure that the reviews 421 are thorough and that all issues are appropriately addressed. 422 (d) Maintaining a system of logging child abuse deaths 423 covered by this procedure and tracking cases during the child 424 abuse death review process. 425 (e) Conducting or arranging for a Florida Safe Families 426 NetworkAbuse Hotline Information System (FAHIS)record check on 427 all child abuse deaths covered by this procedure to determine 428 whether there were any prior reports concerning the child or 429 concerning any siblings, other children, or adults in the home. 430 (f) Coordinating child abuse death review activities, as 431 needed, with individuals in the community and the Department of 432 Health. 433 (g) Notifying the regional managing directordistrict434administrator, the Secretary of Children and Families, the 435 Department of Health Deputy Secretary for Health and Deputy 436 State Health Officer for Children’s Medical Services, and the 437 Department of Health Child Abuse Death Review Coordinator of all 438child abusedeaths meeting criteria for review as specified in 439 this section within 1 working day after case closureverifying440the child’s death was due to abuse, neglect, or abandonment. 441 (h) Ensuring that all critical issues identified by the 442 local child abuse death review committee are brought to the 443 attention of the regional managing directordistrict444administratorand the Secretary of Children and Families. 445 (i) Providing technical assistance to the local child abuse 446 death review committee during the review of any child abuse 447 death. 448 Section 4. Paragraph (a) of subsection (1) of section 449 409.986, Florida Statutes, is amended to read: 450 409.986 Legislative findings and intent; child protection 451 and child welfare outcomes; definitions.— 452 (1) LEGISLATIVE FINDINGS AND INTENT.— 453 (a) It is the intent of the Legislature that the Department 454 of Children and Families provide child protection and child 455 welfare services to children through contracting with community 456 based care lead agencies. The community-based lead agencies 457 shall give priority to the use of services that are evidence 458 based and trauma-informed. Counties that provide children and 459 family services with at least 40 licensed residential group care 460 beds by July 1, 2003, and that provide at least $2 million 461 annually in county general revenue funds to supplement foster 462 and family care services shall continue to contract directly 463 with the state. It is the further intent of the Legislature that 464 communities have responsibility for and participate in ensuring 465 safety, permanence, and well-being for all children in the 466 state. 467 Section 5. Subsection (3) of section 409.988, Florida 468 Statutes, is amended to read: 469 409.988 Lead agency duties; general provisions.— 470 (3) SERVICES.—A lead agency must provideservedependent 471 children withthroughservices that are supported by research or 472 that are recognized as best practices in thebestchild welfare 473 fieldpractices. The agency shall give priority to the use of 474 services that are evidence-based and trauma-informed and may 475 also provide other innovative services, including, but not 476 limited to, family-centered and,cognitive-behavioral, trauma477informedinterventions designed to mitigate out-of-home 478 placements. 479 Section 6. This act shall take effect July 1, 2015.