Florida Senate - 2010                       CS for CS for SB 724
       By the Committees on Governmental Oversight and Accountability;
       and Children, Families, and Elder Affairs; and Senator Storms
       585-04379-10                                           2010724c2
    2                        A bill to be entitled                      
    3         An act relating to a review of the Department of
    4         Children and Family Services under the Florida
    5         Government Accountability Act; reenacting and amending
    6         s. 20.19, F.S., relating to the establishment of the
    7         department; changing the name of the Department of
    8         Children and Family Services to the Department of
    9         Children and Families; revising provisions relating to
   10         the establishment and structure of, and services
   11         provided by, the department; providing for operating
   12         units called circuits that conform to the geographic
   13         boundaries of judicial circuits; providing for the
   14         establishment of and requirements for membership and
   15         participation in community alliances and community
   16         partnerships; amending s. 20.04, F.S.; authorizing the
   17         department to establish circuits or regions headed by
   18         circuit administrators or region directors and
   19         deleting a requirement for statutory enactment for
   20         additional divisions or offices in the department;
   21         amending s. 20.43, F.S.; revising provisions relating
   22         to service area boundaries; amending s. 394.47865,
   23         F.S.; deleting provisions relating to distribution of
   24         privatization savings to specified service districts
   25         to conform to changes made by the act; amending s.
   26         394.655, F.S.; extending the expiration date of the
   27         Substance Abuse and Mental Health Corporation;
   28         amending s. 394.78, F.S.; deleting an obsolete
   29         provision relating to dispute resolution; amending s.
   30         394.9135, F.S.; requiring the transfer of certain
   31         sexually violent offenders to the custody of the
   32         United States Immigration and Customs Enforcement;
   33         requiring that the department put into place a
   34         memorandum of understanding for retaining custody of
   35         such an offender under certain circumstances; amending
   36         s. 402.313, F.S.; revising licensure requirements for
   37         family day care homes; amending s. 402.315, F.S.;
   38         requiring the county, rather than the department, to
   39         bear the costs of licensing family day care homes,
   40         under certain circumstances; amending s. 402.40, F.S.;
   41         defining the terms “child welfare certification” and
   42         “core competency”; requiring that professionals
   43         providing child welfare services demonstrate core
   44         competency; requiring that the department recognize
   45         certain certifications; requiring that certain persons
   46         hold active certification; amending s. 409.1671, F.S.;
   47         revising provisions relating to lead agencies;
   48         requiring the department to annually evaluate each
   49         agency; conforming provision to changes made by the
   50         act; amending s. 409.1755, F.S.; decreasing the
   51         membership of the One Church, One Child of Florida
   52         Corporation, to conform to changes made by the act;
   53         amending s. 420.621, F.S.; revising the definition of
   54         the term “district” to conform to changes made by the
   55         act; amending s. 420.622, F.S.; deleting a requirement
   56         for the Governor to appoint the executive director of
   57         the State Office of Homelessness; conforming a
   58         provision; amending ss. 20.195, 39.01, 39.0121,
   59         39.301, 39.302, 39.303, 39.806, 39.828, 49.011,
   60         381.0072, 394.493, 394.4985, 394.67, 394.73, 394.74,
   61         394.75, 394.76, 394.82, 394.9084, 397.821, 402.49,
   62         409.152, 409.1685, 410.0245, 410.603, 410.604,
   63         411.224, 414.24, 415.1113, 420.623, 420.625, 429.35,
   64         and 1002.67, F.S.; revising provisions to conform to
   65         changes made by the act; correcting cross-references;
   66         repealing ss. 39.311, 39.312, 39.313, 39.314, 39.315,
   67         39.316, 39.317, and 39.318, F.S., relating to the
   68         Family Builders Program; repealing s. 394.9083, F.S.,
   69         relating to the Behavioral Health Services Integration
   70         Workgroup; repealing s. 402.35, F.S., which provides
   71         for department employees to be governed by Department
   72         of Management Services rules; directing the Division
   73         of Statutory Revision to prepare a reviser’s bill;
   74         requiring the Agency for Persons with Disabilities to
   75         prepare a plan to perform its own administrative and
   76         operational functions separate from the department;
   77         directing the department to define legal services
   78         associated with dependency proceeding and modify lead
   79         agency funding; directing the department to establish
   80         a procedure for assisting certain undocumented aliens
   81         in returning to their country of origin; directing the
   82         department to institute a program for identifying
   83         undocumented aliens in mental health institutions who
   84         may be appropriate candidates for removal; providing
   85         an effective date.
   87  Be It Enacted by the Legislature of the State of Florida:
   89         Section 1. Section 20.19, Florida Statutes, is reenacted
   90  and amended to read:
   91         (Substantial rewording of section. See
   92         s. 20.19, F.S., for present text.)
   93         20.19 Department of Children and Families.—There is created
   94  a Department of Children and Families.
   95         (1)MISSION AND PLAN.—
   96         (a)The mission of the Department of Children and Families
   97  is to work in partnership with local communities to ensure the
   98  safety, well-being, and self-sufficiency of the people served.
   99         (b)The department shall develop a strategic plan for
  100  fulfilling its mission and establish a set of measurable goals,
  101  objectives, performance standards, and quality assurance
  102  requirements to ensure that the department is accountable to the
  103  people of Florida.
  104         (c)To the extent allowed by law and within specific
  105  appropriations, the department shall deliver services by
  106  contract through private providers.
  108         (a) The head of the department is the Secretary of Children
  109  and Families. The Governor shall appoint the secretary, who is
  110  subject to confirmation by the Senate. The secretary serves at
  111  the pleasure of the Governor.
  112         (b) The secretary is responsible for planning,
  113  coordinating, and managing the delivery of all services that are
  114  the responsibility of the department.
  115         (c) The secretary shall appoint a deputy secretary who
  116  shall act in the absence of the secretary. The deputy secretary
  117  is directly responsible to the secretary, performs such duties
  118  as are assigned by the secretary, and serves at the pleasure of
  119  the secretary.
  120         (d) The secretary shall appoint an Assistant Secretary for
  121  Substance Abuse and Mental Health and may establish assistant
  122  secretary positions as necessary to administer the requirements
  123  of this section. All persons appointed to such positions shall
  124  serve at the pleasure of the secretary. The department shall
  125  integrate substance abuse and mental health programs into the
  126  overall structure and priorities of the department.
  127         (3) SERVICES PROVIDED.—
  128         (a) The department shall establish the following program
  129  offices, each of which shall be headed by a program director who
  130  shall be appointed by and serve at the pleasure of the
  131  secretary:
  132         1. Adult protection.
  133         2. Child care licensure.
  134         3. Domestic violence.
  135         4. Economic self-sufficiency.
  136         5. Family safety.
  137         6. Mental health.
  138         7. Refugee services.
  139         8. Substance abuse.
  140         9. Homelessness.
  141         (b) The secretary may appoint additional directors as
  142  necessary for the effective management of the program services
  143  provided by the department.
  144         (4) OPERATING UNITS.—
  145         (a) The department shall plan and administer its program
  146  services through operating units called “circuits” that conform
  147  to the geographic boundaries of the judicial circuits
  148  established in s. 26.021. The department may also establish one
  149  or more regions consisting of one or more circuits. A region
  150  shall provide administrative, management, and infrastructure
  151  support to the circuits operating within the region. The region
  152  shall consolidate support functions to provide the most
  153  efficient use of resources to support the circuits operating
  154  within the region.
  155         (b) The secretary may appoint a circuit administrator for
  156  each circuit and a region director for each region who shall
  157  serve at the pleasure of the secretary and shall perform such
  158  duties as are assigned by the secretary.
  160  The department may, or at the request of a county government
  161  shall, establish in each circuit one or more community alliances
  162  or community partnerships. The purpose of a community alliance
  163  or community partnership is to provide a focal point for
  164  community participation and the governance of community-based
  165  services. The membership of a community alliance or community
  166  partnership shall represent the diversity of a community and
  167  consist of stakeholders, community leaders, client
  168  representatives, and entities that fund human services. The
  169  secretary may also establish advisory groups at the state level
  170  as necessary to ensure and enhance communication and provide
  171  liaison with stakeholders, community leaders, and client
  172  representatives.
  173         (a) The duties of a community alliance or community
  174  partnership may include, but are not limited to:
  175         1. Participating in joint planning for the effective use of
  176  resources in the community, including resources appropriated to
  177  the department, and any funds that local funding sources choose
  178  to provide.
  179         2. Performing a needs assessment and establishing community
  180  priorities for service delivery.
  181         3. Determining community outcome goals to supplement state
  182  required outcomes.
  183         4. Serving as a catalyst for community resource
  184  development.
  185         5. Providing for community education and advocacy on issues
  186  related to service delivery.
  187         6. Promoting prevention and early intervention services.
  188         (b) If one or more community alliances or community
  189  partnerships are established in a circuit, the department shall
  190  ensure, to the greatest extent possible, that the formation of
  191  each alliance or partnership builds on the strengths of the
  192  existing community human services infrastructure.
  193         (c) Members of community alliances, community partnerships,
  194  and advisory groups shall serve without compensation, but are
  195  entitled to reimbursement for per diem and travel expenses in
  196  accordance with s. 112.061. The department may also authorize
  197  payment for preapproved child care expenses or lost wages for
  198  members who are consumers of services provided by the
  199  department.
  200         (d) Members of community alliances, community partnerships,
  201  and advisory groups are subject to part III of chapter 112, the
  202  Code of Ethics for Public Officers and Employees.
  203         (e) Actions taken by community alliances, community
  204  partnerships, and advisory groups must be consistent with
  205  department policy and state and federal laws, rules, and
  206  regulations.
  207         (f) Each member of a community alliance, community
  208  partnership, or advisory group must submit annually to the
  209  inspector general of the department a disclosure statement of
  210  any interest in services provided by the department. Any member
  211  who has an interest in a matter under consideration by the
  212  community alliance, community partnership, or advisory group
  213  must abstain from voting on that matter.
  214         (g) All meetings of community alliances, community
  215  partnerships, and advisory groups are open to the public
  216  pursuant to s. 286.011 and are subject to the public-records
  217  provisions of s. 119.07(1).
  219  the intent of the Legislature that when county governments are
  220  required by law to participate in the funding of programs
  221  serviced by the department, the department shall consult with
  222  designated representatives of county governments in developing
  223  policies and service delivery plans for those programs.
  224         Section 2. Subsection (4) and paragraph (b) of subsection
  225  (7) of section 20.04, Florida Statutes, are amended to read:
  226         20.04 Structure of executive branch.—The executive branch
  227  of state government is structured as follows:
  228         (4) Within the Department of Children and Families Family
  229  Services there are organizational units called “program
  230  offices,” headed by program directors, and operating units
  231  called “circuits,” headed by circuit administrators. In
  232  addition, there may be “regions,” headed by region directors.
  233         (7)
  234         (b) Within the limitations of this subsection, the head of
  235  the department may recommend the establishment of additional
  236  divisions, bureaus, sections, and subsections of the department
  237  to promote efficient and effective operation of the department.
  238  However, additional divisions, or offices in the Department of
  239  Children and Family Services, the Department of Corrections, and
  240  the Department of Transportation, may be established only by
  241  specific statutory enactment. New bureaus, sections, and
  242  subsections of departments may be initiated by a department and
  243  established as recommended by the Department of Management
  244  Services and approved by the Executive Office of the Governor,
  245  or may be established by specific statutory enactment.
  246         Section 3. Paragraph (a) of subsection (4) of section
  247  20.195, Florida Statutes, is amended to read:
  248         20.195 Department of Children and Family Services; trust
  249  funds.—The following trust funds shall be administered by the
  250  Department of Children and Family Services:
  251         (4) Domestic Violence Trust Fund.
  252         (a) Funds to be credited to and uses of the trust fund
  253  shall be administered in accordance with the provisions of s.
  254  28.101, part XII XIII of chapter 39, and chapter 741.
  255         Section 4. Subsection (5) of section 20.43, Florida
  256  Statutes, is amended to read:
  257         20.43 Department of Health.—There is created a Department
  258  of Health.
  259         (5) The department shall plan and administer its public
  260  health programs through its county health departments and may,
  261  for administrative purposes and efficient service delivery,
  262  establish up to 15 service areas to carry out such duties as may
  263  be prescribed by the State Surgeon General. The boundaries of
  264  the service areas shall be the same as, or combinations of, the
  265  service districts of the Department of Children and Family
  266  Services established in s. 20.19 and, to the extent practicable,
  267  shall take into consideration the boundaries of the jobs and
  268  education regional boards.
  269         Section 5. Subsections (18) through (76) of section 39.01,
  270  Florida Statutes, are renumbered as subsections (19) through
  271  (75), respectively, subsection (10) is amended, present
  272  subsection (26) is repealed, and present subsection (27) of that
  273  section is renumbered as subsection (18) and amended, to read:
  274         39.01 Definitions.—When used in this chapter, unless the
  275  context otherwise requires:
  276         (10) “Caregiver” means the parent, legal custodian,
  277  permanent guardian, adult household member, or other person
  278  responsible for a child’s welfare as defined in subsection (46)
  279  (47).
  280         (26) “District” means any one of the 15 service districts
  281  of the department established pursuant to s. 20.19.
  282         (18)(27) “Circuit District administrator” means the chief
  283  operating officer of each circuit service district of the
  284  department as defined in s. 20.19(5) and, where appropriate,
  285  includes any district administrator whose service district falls
  286  within the boundaries of a judicial circuit.
  287         Section 6. Subsection (10) of section 39.0121, Florida
  288  Statutes, is amended to read:
  289         39.0121 Specific rulemaking authority.—Pursuant to the
  290  requirements of s. 120.536, the department is specifically
  291  authorized to adopt, amend, and repeal administrative rules
  292  which implement or interpret law or policy, or describe the
  293  procedure and practice requirements necessary to implement this
  294  chapter, including, but not limited to, the following:
  295         (10) The Family Builders Program, the Intensive Crisis
  296  Counseling Program, and any other early intervention programs
  297  and kinship care assistance programs.
  298         Section 7. Paragraph (a) of subsection (15) of section
  299  39.301, Florida Statutes, is amended to read:
  300         39.301 Initiation of protective investigations.—
  301         (15)(a) If the department or its agent determines that a
  302  child requires immediate or long-term protection through:
  303         1. Medical or other health care; or
  304         2. Homemaker care, day care, protective supervision, or
  305  other services to stabilize the home environment, including
  306  intensive family preservation services through the Family
  307  Builders Program or the Intensive Crisis Counseling Program, or
  308  both,
  310  such services shall first be offered for voluntary acceptance
  311  unless there are high-risk factors that may impact the ability
  312  of the parents or legal custodians to exercise judgment. Such
  313  factors may include the parents’ or legal custodians’ young age
  314  or history of substance abuse or domestic violence.
  315         Section 8. Subsection (1) of section 39.302, Florida
  316  Statutes, is amended to read:
  317         39.302 Protective investigations of institutional child
  318  abuse, abandonment, or neglect.—
  319         (1) The department shall conduct a child protective
  320  investigation of each report of institutional child abuse,
  321  abandonment, or neglect. Upon receipt of a report that alleges
  322  that an employee or agent of the department, or any other entity
  323  or person covered by s. 39.01(32)(33) or (46)(47), acting in an
  324  official capacity, has committed an act of child abuse,
  325  abandonment, or neglect, the department shall initiate a child
  326  protective investigation within the timeframe established under
  327  s. 39.201(5) and orally notify the appropriate state attorney,
  328  law enforcement agency, and licensing agency, which shall
  329  immediately conduct a joint investigation, unless independent
  330  investigations are more feasible. When conducting investigations
  331  onsite or having face-to-face interviews with the child,
  332  investigation visits shall be unannounced unless it is
  333  determined by the department or its agent that unannounced
  334  visits threaten the safety of the child. If a facility is exempt
  335  from licensing, the department shall inform the owner or
  336  operator of the facility of the report. Each agency conducting a
  337  joint investigation is entitled to full access to the
  338  information gathered by the department in the course of the
  339  investigation. A protective investigation must include an onsite
  340  visit of the child’s place of residence. The department shall
  341  make a full written report to the state attorney within 3
  342  working days after making the oral report. A criminal
  343  investigation shall be coordinated, whenever possible, with the
  344  child protective investigation of the department. Any interested
  345  person who has information regarding the offenses described in
  346  this subsection may forward a statement to the state attorney as
  347  to whether prosecution is warranted and appropriate. Within 15
  348  days after the completion of the investigation, the state
  349  attorney shall report the findings to the department and shall
  350  include in the report a determination of whether or not
  351  prosecution is justified and appropriate in view of the
  352  circumstances of the specific case.
  353         Section 9. Section 39.303, Florida Statutes, is amended to
  354  read:
  355         39.303 Child protection teams; services; eligible cases.
  356  The Children’s Medical Services Program in the Department of
  357  Health shall develop, maintain, and coordinate the services of
  358  one or more multidisciplinary child protection teams in each of
  359  the circuits service districts of the Department of Children and
  360  Families Family Services. Such teams may be composed of
  361  appropriate representatives of school districts and appropriate
  362  health, mental health, social service, legal service, and law
  363  enforcement agencies. The Legislature finds that optimal
  364  coordination of child protection teams and sexual abuse
  365  treatment programs requires collaboration between the Department
  366  of Health and the Department of Children and Families Family
  367  Services. The two departments shall maintain an interagency
  368  agreement that establishes protocols for oversight and
  369  operations of child protection teams and sexual abuse treatment
  370  programs. The State Surgeon General and the Deputy Secretary for
  371  Children’s Medical Services, in consultation with the Secretary
  372  of Children and Families Family Services, shall maintain the
  373  responsibility for the screening, employment, and, if necessary,
  374  the termination of child protection team medical directors, at
  375  headquarters and in the circuits 15 districts. Child protection
  376  team medical directors shall be responsible for oversight of the
  377  teams in the circuits districts.
  378         (1) The Department of Health shall utilize and convene the
  379  teams to supplement the assessment and protective supervision
  380  activities of the family safety and preservation program of the
  381  Department of Children and Families Family Services. Nothing in
  382  this section shall be construed to remove or reduce the duty and
  383  responsibility of any person to report pursuant to this chapter
  384  all suspected or actual cases of child abuse, abandonment, or
  385  neglect or sexual abuse of a child. The role of the teams shall
  386  be to support activities of the program and to provide services
  387  deemed by the teams to be necessary and appropriate to abused,
  388  abandoned, and neglected children upon referral. The specialized
  389  diagnostic assessment, evaluation, coordination, consultation,
  390  and other supportive services that a child protection team shall
  391  be capable of providing include, but are not limited to, the
  392  following:
  393         (a) Medical diagnosis and evaluation services, including
  394  provision or interpretation of X rays and laboratory tests, and
  395  related services, as needed, and documentation of findings
  396  relative thereto.
  397         (b) Telephone consultation services in emergencies and in
  398  other situations.
  399         (c) Medical evaluation related to abuse, abandonment, or
  400  neglect, as defined by policy or rule of the Department of
  401  Health.
  402         (d) Such psychological and psychiatric diagnosis and
  403  evaluation services for the child or the child’s parent or
  404  parents, legal custodian or custodians, or other caregivers, or
  405  any other individual involved in a child abuse, abandonment, or
  406  neglect case, as the team may determine to be needed.
  407         (e) Expert medical, psychological, and related professional
  408  testimony in court cases.
  409         (f) Case staffings to develop treatment plans for children
  410  whose cases have been referred to the team. A child protection
  411  team may provide consultation with respect to a child who is
  412  alleged or is shown to be abused, abandoned, or neglected, which
  413  consultation shall be provided at the request of a
  414  representative of the family safety and preservation program or
  415  at the request of any other professional involved with a child
  416  or the child’s parent or parents, legal custodian or custodians,
  417  or other caregivers. In every such child protection team case
  418  staffing, consultation, or staff activity involving a child, a
  419  family safety and preservation program representative shall
  420  attend and participate.
  421         (g) Case service coordination and assistance, including the
  422  location of services available from other public and private
  423  agencies in the community.
  424         (h) Such training services for program and other employees
  425  of the Department of Children and Families Family Services,
  426  employees of the Department of Health, and other medical
  427  professionals as is deemed appropriate to enable them to develop
  428  and maintain their professional skills and abilities in handling
  429  child abuse, abandonment, and neglect cases.
  430         (i) Educational and community awareness campaigns on child
  431  abuse, abandonment, and neglect in an effort to enable citizens
  432  more successfully to prevent, identify, and treat child abuse,
  433  abandonment, and neglect in the community.
  434         (j) Child protection team assessments that include, as
  435  appropriate, medical evaluations, medical consultations, family
  436  psychosocial interviews, specialized clinical interviews, or
  437  forensic interviews.
  439  All medical personnel participating on a child protection team
  440  must successfully complete the required child protection team
  441  training curriculum as set forth in protocols determined by the
  442  Deputy Secretary for Children’s Medical Services and the
  443  Statewide Medical Director for Child Protection.
  444         (2) The child abuse, abandonment, and neglect reports that
  445  must be referred by the department to child protection teams of
  446  the Department of Health for an assessment and other appropriate
  447  available support services as set forth in subsection (1) must
  448  include cases involving:
  449         (a) Injuries to the head, bruises to the neck or head,
  450  burns, or fractures in a child of any age.
  451         (b) Bruises anywhere on a child 5 years of age or under.
  452         (c) Any report alleging sexual abuse of a child.
  453         (d) Any sexually transmitted disease in a prepubescent
  454  child.
  455         (e) Reported malnutrition of a child and failure of a child
  456  to thrive.
  457         (f) Reported medical neglect of a child.
  458         (g) Any family in which one or more children have been
  459  pronounced dead on arrival at a hospital or other health care
  460  facility, or have been injured and later died, as a result of
  461  suspected abuse, abandonment, or neglect, when any sibling or
  462  other child remains in the home.
  463         (h) Symptoms of serious emotional problems in a child when
  464  emotional or other abuse, abandonment, or neglect is suspected.
  465         (3) All abuse and neglect cases transmitted for
  466  investigation to a circuit district by the hotline must be
  467  simultaneously transmitted to the Department of Health child
  468  protection team for review. For the purpose of determining
  469  whether face-to-face medical evaluation by a child protection
  470  team is necessary, all cases transmitted to the child protection
  471  team which meet the criteria in subsection (2) must be timely
  472  reviewed by:
  473         (a) A physician licensed under chapter 458 or chapter 459
  474  who holds board certification in pediatrics and is a member of a
  475  child protection team;
  476         (b) A physician licensed under chapter 458 or chapter 459
  477  who holds board certification in a specialty other than
  478  pediatrics, who may complete the review only when working under
  479  the direction of a physician licensed under chapter 458 or
  480  chapter 459 who holds board certification in pediatrics and is a
  481  member of a child protection team;
  482         (c) An advanced registered nurse practitioner licensed
  483  under chapter 464 who has a specialty speciality in pediatrics
  484  or family medicine and is a member of a child protection team;
  485         (d) A physician assistant licensed under chapter 458 or
  486  chapter 459, who may complete the review only when working under
  487  the supervision of a physician licensed under chapter 458 or
  488  chapter 459 who holds board certification in pediatrics and is a
  489  member of a child protection team; or
  490         (e) A registered nurse licensed under chapter 464, who may
  491  complete the review only when working under the direct
  492  supervision of a physician licensed under chapter 458 or chapter
  493  459 who holds certification in pediatrics and is a member of a
  494  child protection team.
  495         (4) A face-to-face medical evaluation by a child protection
  496  team is not necessary when:
  497         (a) The child was examined for the alleged abuse or neglect
  498  by a physician who is not a member of the child protection team,
  499  and a consultation between the child protection team board
  500  certified pediatrician, advanced registered nurse practitioner,
  501  physician assistant working under the supervision of a child
  502  protection team board-certified pediatrician, or registered
  503  nurse working under the direct supervision of a child protection
  504  team board-certified pediatrician, and the examining physician
  505  concludes that a further medical evaluation is unnecessary;
  506         (b) The child protective investigator, with supervisory
  507  approval, has determined, after conducting a child safety
  508  assessment, that there are no indications of injuries as
  509  described in paragraphs (2)(a)-(h) as reported; or
  510         (c) The child protection team board-certified pediatrician,
  511  as authorized in subsection (3), determines that a medical
  512  evaluation is not required.
  514  Notwithstanding paragraphs (a), (b), and (c), a child protection
  515  team pediatrician, as authorized in subsection (3), may
  516  determine that a face-to-face medical evaluation is necessary.
  517         (5) In all instances in which a child protection team is
  518  providing certain services to abused, abandoned, or neglected
  519  children, other offices and units of the Department of Health,
  520  and offices and units of the Department of Children and Families
  521  Family Services, shall avoid duplicating the provision of those
  522  services.
  523         (6) The Department of Health child protection team quality
  524  assurance program and the Department of Children and Families’
  525  Family Services’ Family Safety Program Office quality assurance
  526  program shall collaborate to ensure referrals and responses to
  527  child abuse, abandonment, and neglect reports are appropriate.
  528  Each quality assurance program shall include a review of records
  529  in which there are no findings of abuse, abandonment, or
  530  neglect, and the findings of these reviews shall be included in
  531  each department’s quality assurance reports.
  532         Section 10. Paragraph (k) of subsection (1) of section
  533  39.806, Florida Statutes, is amended to read:
  534         39.806 Grounds for termination of parental rights.—
  535         (1) Grounds for the termination of parental rights may be
  536  established under any of the following circumstances:
  537         (k) A test administered at birth that indicated that the
  538  child’s blood, urine, or meconium contained any amount of
  539  alcohol or a controlled substance or metabolites of such
  540  substances, the presence of which was not the result of medical
  541  treatment administered to the mother or the newborn infant, and
  542  the biological mother of the child is the biological mother of
  543  at least one other child who was adjudicated dependent after a
  544  finding of harm to the child’s health or welfare due to exposure
  545  to a controlled substance or alcohol as defined in s.
  546  39.01(31)(32)(g), after which the biological mother had the
  547  opportunity to participate in substance abuse treatment.
  548         Section 11. Paragraph (a) of subsection (1) of section
  549  39.828, Florida Statutes, is amended to read:
  550         39.828 Grounds for appointment of a guardian advocate.—
  551         (1) The court shall appoint the person named in the
  552  petition as a guardian advocate with all the powers and duties
  553  specified in s. 39.829 for an initial term of 1 year upon a
  554  finding that:
  555         (a) The child named in the petition is or was a drug
  556  dependent newborn as described in s. 39.01(31)(32)(g);
  557         (b) The parent or parents of the child have voluntarily
  558  relinquished temporary custody of the child to a relative or
  559  other responsible adult;
  560         (c) The person named in the petition to be appointed the
  561  guardian advocate is capable of carrying out the duties as
  562  provided in s. 39.829; and
  563         (d) A petition to adjudicate the child dependent under this
  564  chapter has not been filed.
  565         Section 12. Subsection (13) of section 49.011, Florida
  566  Statutes, is amended to read:
  567         49.011 Service of process by publication; cases in which
  568  allowed.—Service of process by publication may be made in any
  569  court on any party identified in s. 49.021 in any action or
  570  proceeding:
  571         (13) For termination of parental rights pursuant to part
  572  VIII IX of chapter 39 or chapter 63.
  573         Section 13. Paragraph (a) of subsection (3) of section
  574  381.0072, Florida Statutes, is amended to read:
  575         381.0072 Food service protection.—It shall be the duty of
  576  the Department of Health to adopt and enforce sanitation rules
  577  consistent with law to ensure the protection of the public from
  578  food-borne illness. These rules shall provide the standards and
  579  requirements for the storage, preparation, serving, or display
  580  of food in food service establishments as defined in this
  581  section and which are not permitted or licensed under chapter
  582  500 or chapter 509.
  583         (3) LICENSES REQUIRED.—
  584         (a) Licenses; annual renewals.—Each food service
  585  establishment regulated under this section shall obtain a
  586  license from the department annually. Food service establishment
  587  licenses shall expire annually and are not transferable from one
  588  place or individual to another. However, those facilities
  589  licensed by the department’s Office of Licensure and
  590  Certification, the Child Care Licensure Services Program Office,
  591  or the Agency for Persons with Disabilities are exempt from this
  592  subsection. It shall be a misdemeanor of the second degree,
  593  punishable as provided in s. 381.0061, s. 775.082, or s.
  594  775.083, for such an establishment to operate without this
  595  license. The department may refuse a license, or a renewal
  596  thereof, to any establishment that is not constructed or
  597  maintained in accordance with law and with the rules of the
  598  department. Annual application for renewal is not required.
  599         Section 14. Subsection (3) of section 394.47865, Florida
  600  Statutes, is amended to read:
  601         394.47865 South Florida State Hospital; privatization.—
  602         (3)(a) Current South Florida State Hospital employees who
  603  are affected by the privatization shall be given first
  604  preference for continued employment by the contractor. The
  605  department shall make reasonable efforts to find suitable job
  606  placements for employees who wish to remain within the state
  607  Career Service System.
  608         (b) Any savings that result from the privatization of South
  609  Florida State Hospital shall be directed to the department’s
  610  service districts 9, 10, and 11 for the delivery of community
  611  mental health services.
  612         Section 15. Subsection (2) of section 394.493, Florida
  613  Statutes, is amended to read:
  614         394.493 Target populations for child and adolescent mental
  615  health services funded through the department.—
  616         (2) Each mental health provider under contract with the
  617  department to provide mental health services to the target
  618  population shall collect fees from the parent or legal guardian
  619  of the child or adolescent receiving services. The fees shall be
  620  based on a sliding fee scale for families whose net family
  621  income is at or above 150 percent of the Federal Poverty Income
  622  Guidelines. The department shall adopt, by rule, a sliding fee
  623  scale for statewide implementation. Fees collected from families
  624  shall be retained in the circuit service district and used for
  625  expanding child and adolescent mental health treatment services.
  626         Section 16. Section 394.4985, Florida Statutes, is amended
  627  to read:
  628         394.4985 Circuitwide Districtwide information and referral
  629  network; implementation.—
  630         (1) Each circuit service district of the Department of
  631  Children and Families Family Services shall develop a detailed
  632  implementation plan for a circuitwide districtwide comprehensive
  633  child and adolescent mental health information and referral
  634  network to be operational by July 1, 1999. The plan must include
  635  an operating budget that demonstrates cost efficiencies and
  636  identifies funding sources for the circuit district information
  637  and referral network. The plan must be submitted by the
  638  department to the Legislature by October 1, 1998. The circuit
  639  district shall use existing circuit district information and
  640  referral providers if, in the development of the plan, it is
  641  concluded that these providers would deliver information and
  642  referral services in a more efficient and effective manner when
  643  compared to other alternatives. The circuit district information
  644  and referral network must include:
  645         (a) A resource file that contains information about the
  646  child and adolescent mental health services as described in s.
  647  394.495, including, but not limited to:
  648         1. Type of program;
  649         2. Hours of service;
  650         3. Ages of persons served;
  651         4. Program description;
  652         5. Eligibility requirements; and
  653         6. Fees.
  654         (b) Information about private providers and professionals
  655  in the community which serve children and adolescents with an
  656  emotional disturbance.
  657         (c) A system to document requests for services that are
  658  received through the network referral process, including, but
  659  not limited to:
  660         1. Number of calls by type of service requested;
  661         2. Ages of the children and adolescents for whom services
  662  are requested; and
  663         3. Type of referral made by the network.
  664         (d) The ability to share client information with the
  665  appropriate community agencies.
  666         (e) The submission of an annual report to the department,
  667  the Agency for Health Care Administration, and appropriate local
  668  government entities, which contains information about the
  669  sources and frequency of requests for information, types and
  670  frequency of services requested, and types and frequency of
  671  referrals made.
  672         (2) In planning the information and referral network, the
  673  circuit district shall consider the establishment of a 24-hour
  674  toll-free telephone number, staffed at all times, for parents
  675  and other persons to call for information that concerns child
  676  and adolescent mental health services and a community public
  677  service campaign to inform the public about information and
  678  referral services.
  679         Section 17. Subsection (12) of section 394.655, Florida
  680  Statutes, is amended to read:
  681         394.655 The Substance Abuse and Mental Health Corporation;
  682  powers and duties; composition; evaluation and reporting
  683  requirements.—
  684         (12) This section expires on October 1, 2015 2011, unless
  685  reviewed and reenacted by the Legislature before that date.
  686         Section 18. Subsections (2) through (6) of section 394.67,
  687  Florida Statutes, are renumbered as subsections (4) and (8),
  688  respectively, and present subsections (7) and (8) are renumbered
  689  as subsections (2) and (3), respectively, and amended to read:
  690         394.67 Definitions.—As used in this part, the term:
  691         (2)(7) “Circuit District administrator” means the person
  692  appointed by the Secretary of Children and Families Family
  693  Services for the purpose of administering a department circuit
  694  service district as set forth in s. 20.19.
  695         (3)(8) “Circuit District plan” or “plan” means the combined
  696  circuit district substance abuse and mental health plan approved
  697  by the circuit district administrator and governing bodies in
  698  accordance with this part.
  699         Section 19. Section 394.73, Florida Statutes, is amended to
  700  read:
  701         394.73 Joint alcohol, drug abuse, and mental health service
  702  programs in two or more counties.—
  703         (1) Subject to rules established by the department, any
  704  county within a circuit service district shall have the same
  705  power to contract for alcohol, drug abuse, and mental health
  706  services as the department has under existing statutes.
  707         (2) In order to carry out the intent of this part and to
  708  provide alcohol, drug abuse, and mental health services in
  709  accordance with the circuit district plan, the counties within a
  710  circuit service district may enter into agreements with each
  711  other for the establishment of joint service programs. The
  712  agreements may provide for the joint provision or operation of
  713  services and facilities or for the provision or operation of
  714  services and facilities by one participating county under
  715  contract with other participating counties.
  716         (3) When a circuit service district comprises two or more
  717  counties or portions thereof, it is the obligation of the
  718  planning council to submit to the governing bodies, prior to the
  719  budget submission date of each governing body, an estimate of
  720  the proportionate share of costs of alcohol, drug abuse, and
  721  mental health services proposed to be borne by each such
  722  governing body.
  723         (4) Any county desiring to withdraw from a joint program
  724  may submit to the circuit district administrator a resolution
  725  requesting withdrawal therefrom together with a plan for the
  726  equitable adjustment and division of the assets, property,
  727  debts, and obligations, if any, of the joint program.
  728         Section 20. Paragraph (a) of subsection (3) of section
  729  394.74, Florida Statutes, is amended to read:
  730         394.74 Contracts for provision of local substance abuse and
  731  mental health programs.—
  732         (3) Contracts shall include, but are not limited to:
  733         (a) A provision that, within the limits of available
  734  resources, substance abuse and mental health crisis services, as
  735  defined in s. 394.67(5)(3), shall be available to any individual
  736  residing or employed within the service area, regardless of
  737  ability to pay for such services, current or past health
  738  condition, or any other factor;
  739         Section 21. Subsection (10) of section 394.75, Florida
  740  Statutes, is amended to read:
  741         394.75 State and circuit district substance abuse and
  742  mental health plans.—
  743         (10) The circuit district administrator shall ensure that
  744  the circuit district plan:
  745         (a) Conforms to the priorities in the state plan, the
  746  requirements of this part, and the standards adopted under this
  747  part;
  748         (b) Ensures that the most effective and economical use will
  749  be made of available public and private substance abuse and
  750  mental health resources in the circuit service district; and
  751         (c) Has adequate provisions made for review and evaluation
  752  of the services provided in the circuit service district.
  753         Section 22. Subsection (2) of section 394.76, Florida
  754  Statutes, is amended to read:
  755         394.76 Financing of circuit district programs and
  756  services.—If the local match funding level is not provided in
  757  the General Appropriations Act or the substantive bill
  758  implementing the General Appropriations Act, such funding level
  759  shall be provided as follows:
  760         (2) If in any fiscal year the approved state appropriation
  761  is insufficient to finance the programs and services specified
  762  by this part, the department shall have the authority to
  763  determine the amount of state funds available to each circuit
  764  service district for such purposes in accordance with the
  765  priorities in both the state and circuit district plans. The
  766  circuit district administrator shall consult with the planning
  767  council to ensure that the summary operating budget conforms to
  768  the approved plan.
  769         Section 23. Subsection (5) of section 394.78, Florida
  770  Statutes, is amended to read:
  771         394.78 Operation and administration; personnel standards;
  772  procedures for audit and monitoring of service providers;
  773  resolution of disputes.—
  774         (5) In unresolved disputes regarding this part or rules
  775  established pursuant to this part, providers and district health
  776  and human services boards shall adhere to formal procedures
  777  specified under s. 20.19(8)(n).
  778         Section 24. Subsections (3) and (4) of section 394.82,
  779  Florida Statutes, are amended to read:
  780         394.82 Funding of expanded services.—
  781         (3) Each fiscal year, any funding increases for crisis
  782  services or community mental health services that are included
  783  in the General Appropriations Act shall be appropriated in a
  784  lump-sum category as defined in s. 216.011(1)(aa). In accordance
  785  with s. 216.181(6)(a), the Executive Office of the Governor
  786  shall require the Department of Children and Families Family
  787  Services to submit a spending plan for the use of funds
  788  appropriated for this purpose. The spending plan must include a
  789  schedule for phasing in the new community mental health services
  790  in each circuit service district of the department and must
  791  describe how the new services will be integrated and coordinated
  792  with all current community-based health and human services.
  793         (4) By January 1, 2004, the crisis services defined in s.
  794  394.67(5)(3) shall be implemented, as appropriate, in the
  795  state’s public community mental health system to serve children
  796  and adults who are experiencing an acute mental or emotional
  797  crisis, as defined in s. 394.67(17). By January 1, 2006, the
  798  mental health services defined in s. 394.67(15) shall be
  799  implemented, as appropriate, in the state’s public community
  800  mental health system to serve adults and older adults who have a
  801  severe and persistent mental illness and to serve children who
  802  have a serious emotional disturbance or mental illness, as
  803  defined in s. 394.492(6).
  804         Section 25. Subsection (1) of section 394.9084, Florida
  805  Statutes, is amended to read:
  806         394.9084 Florida Self-Directed Care program.—
  807         (1) The Department of Children and Families Family
  808  Services, in cooperation with the Agency for Health Care
  809  Administration, may provide a client-directed and choice-based
  810  Florida Self-Directed Care program in all department circuits
  811  service districts, in addition to the pilot projects established
  812  in district 4 and district 8, to provide mental health treatment
  813  and support services to adults who have a serious mental
  814  illness. The department may also develop and implement a client
  815  directed and choice-based pilot project in one circuit district
  816  to provide mental health treatment and support services for
  817  children with a serious emotional disturbance who live at home.
  818  If established, any staff who work with children must be
  819  screened under s. 435.04. The department shall implement a
  820  payment mechanism in which each client controls the money that
  821  is available for that client’s mental health treatment and
  822  support services. The department shall establish interagency
  823  cooperative agreements and work with the agency, the Division of
  824  Vocational Rehabilitation, and the Social Security
  825  Administration to implement and administer the Florida Self
  826  Directed Care program.
  827         Section 26. Subsection (1) of section 397.821, Florida
  828  Statutes, is amended to read:
  829         397.821 Juvenile substance abuse impairment prevention and
  830  early intervention councils.—
  831         (1) Each judicial circuit as set forth in s. 26.021 may
  832  establish a juvenile substance abuse impairment prevention and
  833  early intervention council composed of at least 12 members,
  834  including representatives from law enforcement, the department,
  835  school districts, state attorney and public defender offices,
  836  the circuit court, the religious community, substance abuse
  837  impairment professionals, child advocates from the community,
  838  business leaders, parents, and high school students. However,
  839  those circuits which already have in operation a council of
  840  similar composition may designate the existing body as the
  841  juvenile substance abuse impairment prevention and early
  842  intervention council for the purposes of this section. Each
  843  council shall establish bylaws providing for the length of term
  844  of its members, but the term may not exceed 4 years. The circuit
  845  substate entity administrator, as defined in s. 20.19, and the
  846  chief judge of the circuit court shall each appoint six members
  847  of the council. The circuit substate entity administrator shall
  848  appoint a representative from the department, a school district
  849  representative, a substance abuse impairment treatment
  850  professional, a child advocate, a parent, and a high school
  851  student. The chief judge of the circuit court shall appoint a
  852  business leader and representatives from the state attorney’s
  853  office, the public defender’s office, the religious community,
  854  the circuit court, and law enforcement agencies.
  855         Section 27. Subsection (1) of section 394.9135, Florida
  856  Statutes, is amended to read:
  857         394.9135 Immediate releases from total confinement;
  858  transfer of person to department; time limitations on
  859  assessment, notification, and filing petition to hold in
  860  custody; filing petition after release.—
  861         (1) If the anticipated release from total confinement of a
  862  person who has been convicted of a sexually violent offense
  863  becomes immediate for any reason, the agency with jurisdiction
  864  shall upon immediate release from total confinement transfer
  865  that person:
  866         (a) To the custody of United States Immigration and Customs
  867  Enforcement if a detainer order is in place for the person; or
  868         (b) To the custody of the Department of Children and
  869  Families Family Services to be held in an appropriate secure
  870  facility.
  872  The department shall put into place a memorandum of
  873  understanding with United States Immigration and Customs
  874  Enforcement to ensure that if Immigration and Customs
  875  Enforcement is unable to deport the person for any reason, the
  876  person shall be immediately transferred back to the custody of
  877  the department for civil commitment and further proceedings
  878  under this section.
  879         Section 28. Subsection (1) of section 402.313, Florida
  880  Statutes, is amended to read:
  881         402.313 Family day care homes.—
  882         (1) Family day care homes shall be licensed under this act
  883  if they are presently being licensed under an existing county
  884  licensing ordinance, if they are participating in the subsidized
  885  child care program, or if the board of county commissioners
  886  passes a resolution that family day care homes be licensed. If
  887  no county authority exists for the licensing of a family day
  888  care home and the county passes a resolution requiring
  889  licensure, the department shall have the authority to license
  890  family day care homes under contract with the county for the
  891  purchase-of-service system in the subsidized child care program.
  892         (a) If not subject to license, family day care homes shall
  893  register annually with the department, providing the following
  894  information:
  895         1. The name and address of the home.
  896         2. The name of the operator.
  897         3. The number of children served.
  898         4. Proof of a written plan to provide at least one other
  899  competent adult to be available to substitute for the operator
  900  in an emergency. This plan shall include the name, address, and
  901  telephone number of the designated substitute.
  902         5. Proof of screening and background checks.
  903         6. Proof of successful completion of the 30-hour training
  904  course, as evidenced by passage of a competency examination,
  905  which shall include:
  906         a. State and local rules and regulations that govern child
  907  care.
  908         b. Health, safety, and nutrition.
  909         c. Identifying and reporting child abuse and neglect.
  910         d. Child development, including typical and atypical
  911  language development; and cognitive, motor, social, and self
  912  help skills development.
  913         e. Observation of developmental behaviors, including using
  914  a checklist or other similar observation tools and techniques to
  915  determine a child’s developmental level.
  916         f. Specialized areas, including early literacy and language
  917  development of children from birth to 5 years of age, as
  918  determined by the department, for owner-operators of family day
  919  care homes.
  920         7. Proof that immunization records are kept current.
  921         8. Proof of completion of the required continuing education
  922  units or clock hours.
  923         (b) A family day care home not participating in the
  924  subsidized child care program may volunteer to be licensed under
  925  the provisions of this act.
  926         (c) The department may provide technical assistance to
  927  counties and family day care home providers to enable counties
  928  and family day care providers to achieve compliance with family
  929  day care homes standards.
  930         Section 29. Subsection (2) of section 402.315, Florida
  931  Statutes, is amended to read:
  932         402.315 Funding; license fees.—
  933         (2) The county department shall bear the costs of the
  934  licensing of family day care homes when contracting with the
  935  department pursuant to s. 402.313(1) child care facilities when
  936  contracted to do so by a county or when directly responsible for
  937  licensing in a county which fails to meet or exceed state
  938  minimum standards.
  939         Section 30. Subsections (2), (3), and (7) of section
  940  402.40, Florida Statutes, are amended to read:
  941         402.40 Child welfare training.—
  942         (2) DEFINITIONS.—As used in this section, the term:
  943         (a) “Child welfare certification” means a professional
  944  credential awarded by the department or by a credentialing
  945  entity recognized by the department to individuals demonstrating
  946  core competency in any child welfare services practice area.
  947         (b) “Child welfare services” means any intake, protective
  948  investigations, preprotective services, protective services,
  949  foster care, shelter and group care, and adoption and related
  950  services program, including supportive services, supervision,
  951  and legal services, provided to children who are alleged to have
  952  been abused, abandoned, or neglected, or who are at risk of
  953  becoming, are alleged to be, or have been found dependent
  954  pursuant to chapter 39.
  955         (c)“Core competency” means the knowledge, skills, and
  956  abilities necessary to carry out work responsibilities.
  957         (d)(b) “Person providing child welfare services” means a
  958  person who has a responsibility for supervisory, legal, direct
  959  care or support related work in the provision of child welfare
  960  services pursuant to chapter 39.
  961         (3) CHILD WELFARE TRAINING PROGRAM.—The department shall
  962  establish a program for training pursuant to the provisions of
  963  this section, and all persons providing child welfare services
  964  shall be required to demonstrate core competency by earning and
  965  maintaining a department or third-party-awarded child welfare
  966  certification and participate in and successfully complete the
  967  program of training pertinent to their areas of responsibility.
  969  department shall, in collaboration with the professionals and
  970  providers described in subsection (5), develop minimum standards
  971  for a certification process that ensures that participants have
  972  successfully attained the knowledge, skills, and abilities
  973  necessary to competently carry out their work responsibilities.
  974  The department shall recognize third-party certification for
  975  child welfare services staff which satisfies the core
  976  competencies and meets the certification requirements
  977  established in this section and shall develop minimum standards
  978  for trainer qualifications which must be required of training
  979  academies in the offering of the training curricula. Any person
  980  providing child welfare services shall be required to master the
  981  core competencies and hold an active child welfare certification
  982  components of the curriculum that is are particular to that
  983  person’s work responsibilities.
  984         Section 31. Subsection (2) of section 402.49, Florida
  985  Statutes, is amended to read:
  986         402.49 Mediation process established.—
  987         (2)(a) The department shall appoint at least one mediation
  988  panel in each of the department’s circuits service districts.
  989  Each panel shall have at least three and not more than five
  990  members and shall include a representative from the department,
  991  a representative of an agency that provides similar services to
  992  those provided by the agency that is a party to the dispute, and
  993  additional members who are mutually acceptable to the department
  994  and the agency that is a party to the dispute. Such additional
  995  members may include laypersons who are involved in advocacy
  996  organizations, members of boards of directors of agencies
  997  similar to the agency that is a party to the dispute, members of
  998  families of department clients, members of department planning
  999  councils in the area of services that are the subject of the
 1000  dispute, and interested and informed members of the local
 1001  community.
 1002         (b) If the parties to the conflict agree, a mediation panel
 1003  may hear a complaint that is filed outside of the panel’s
 1004  circuit service district.
 1005         Section 32. Subsection (3) of section 409.152, Florida
 1006  Statutes, is amended to read:
 1007         409.152 Service integration and family preservation.—
 1008         (3) Each circuit service district of the department shall
 1009  develop a family preservation service integration plan that
 1010  identifies various programs that can be organized at the point
 1011  of service delivery into a logical and cohesive family-centered
 1012  services constellation. The plan shall include:
 1013         (a) Goals and objectives for integrating services for
 1014  families and avoiding barriers to service integration,
 1015  procedures for centralized intake and assessment, a
 1016  comprehensive service plan for each family, and an evaluation
 1017  method of program outcome.
 1018         (b) Recommendations for proposed changes to fiscal and
 1019  substantive policies, regulations, and laws at local, circuit
 1020  district, and state delivery levels, including budget and
 1021  personnel policies; purchasing flexibility and workforce
 1022  incentives; discretionary resources; and incentives to reduce
 1023  dependency on government programs and services.
 1024         (c) Strategies for creating partnerships with the
 1025  community, clients, and consumers of services which establish,
 1026  maintain, and preserve family units.
 1027         Section 33. Paragraph (e) of subsection (1) and subsection
 1028  (8) of section 409.1671, Florida Statutes, are amended, and
 1029  paragraph (m) is added to subsection (1) of that section, to
 1030  read:
 1031         409.1671 Foster care and related services; outsourcing.—
 1032         (1)
 1033         (e) As used in this section, the term “eligible lead
 1034  community-based provider” means a single agency with which the
 1035  department contracts shall contract for the provision of child
 1036  protective services in a community that is no smaller than a
 1037  county. The secretary of the department may authorize more than
 1038  one eligible lead community-based provider within a single
 1039  county if it when to do so will result in more effective
 1040  delivery of foster care and related services. To compete for an
 1041  outsourcing project, such agency must have:
 1042         1. The ability to coordinate, integrate, and manage all
 1043  child protective services in the designated community in
 1044  cooperation with child protective investigations.
 1045         2. The ability to ensure continuity of care from entry to
 1046  exit for all children referred from the protective investigation
 1047  and court systems.
 1048         3. The ability to provide directly, or contract for through
 1049  a local network of providers, for all necessary child protective
 1050  services. Such agency may not agencies should directly provide
 1051  no more than 35 percent of all child protective services
 1052  provided.
 1053         4. The willingness to be accountable accept accountability
 1054  for meeting the outcomes and performance standards related to
 1055  child protective services established by the Legislature and the
 1056  Federal Government.
 1057         5. The capability and the willingness to serve all children
 1058  referred to it from the protective investigation and court
 1059  systems, regardless of the level of funding allocated to the
 1060  community by the state if, provided all related funding is
 1061  transferred.
 1062         6. The willingness to ensure that each individual who
 1063  provides child protective services completes the training
 1064  required of child protective service workers by the Department
 1065  of Children and Family Services.
 1066         7. The ability to maintain eligibility to receive all
 1067  federal child welfare funds, including Title IV-E and IV-A
 1068  funds, currently being used by the Department of Children and
 1069  Family Services.
 1070         8. Written agreements with Healthy Families Florida lead
 1071  entities in their community, pursuant to s. 409.153, to promote
 1072  cooperative planning for the provision of prevention and
 1073  intervention services.
 1074         9. A board of directors, of which at least 51 percent of
 1075  the membership is comprised of persons residing in this state.
 1076  Of the state residents, at least 51 percent must also reside
 1077  within the service area of the eligible lead community-based
 1078  provider.
 1079         (m) In order to ensure an efficient and effective
 1080  community-based care system, the department shall annually
 1081  evaluate each lead agency’s success in developing an effective
 1082  network of local providers, improving the coordination and
 1083  delivery of services to children, and investing appropriated
 1084  funds into the community for direct services to children and
 1085  families.
 1086         (8) Notwithstanding the provisions of s. 215.425, all
 1087  documented federal funds earned for the current fiscal year by
 1088  the department and community-based agencies which exceed the
 1089  amount appropriated by the Legislature shall be distributed to
 1090  all entities that contributed to the excess earnings based on a
 1091  schedule and methodology developed by the department and
 1092  approved by the Executive Office of the Governor. Distribution
 1093  shall be pro rata based on total earnings and shall be made only
 1094  to those entities that contributed to excess earnings. Excess
 1095  earnings of community-based agencies shall be used only in the
 1096  circuit service district in which they were earned. Additional
 1097  state funds appropriated by the Legislature for community-based
 1098  agencies or made available pursuant to the budgetary amendment
 1099  process described in s. 216.177 shall be transferred to the
 1100  community-based agencies. The department shall amend a
 1101  community-based agency’s contract to permit expenditure of the
 1102  funds.
 1103         Section 34. Section 409.1685, Florida Statutes, is amended
 1104  to read:
 1105         409.1685 Children in foster care; annual report to
 1106  Legislature.—The Department of Children and Family Services
 1107  shall submit a written report to the substantive committees of
 1108  the Legislature concerning the status of children in foster care
 1109  and concerning the judicial review mandated by part IX X of
 1110  chapter 39. This report shall be submitted by March 1 of each
 1111  year and shall include the following information for the prior
 1112  calendar year:
 1113         (1) The number of 6-month and annual judicial reviews
 1114  completed during that period.
 1115         (2) The number of children in foster care returned to a
 1116  parent, guardian, or relative as a result of a 6-month or annual
 1117  judicial review hearing during that period.
 1118         (3) The number of termination of parental rights
 1119  proceedings instituted during that period including which shall
 1120  include:
 1121         (a) The number of termination of parental rights
 1122  proceedings initiated pursuant to former s. 39.703; and
 1123         (b) The total number of terminations of parental rights
 1124  ordered.
 1125         (4) The number of foster care children placed for adoption
 1126  during that period.
 1127         Section 35. Paragraph (a) of subsection (4) of section
 1128  409.1755, Florida Statutes, is amended to read:
 1129         409.1755 One Church, One Child of Florida Corporation Act;
 1130  creation; duties.—
 1131         (4) BOARD OF DIRECTORS.—
 1132         (a) The One Church, One Child of Florida Corporation shall
 1133  operate subject to the supervision and approval of a board of
 1134  directors consisting of 21 23 members, with one two directors
 1135  representing each circuit service district of the Department of
 1136  Children and Families Family Services and one director who shall
 1137  be an at-large member.
 1138         Section 36. Paragraph (a) of subsection (1) and subsection
 1139  (2) of section 410.0245, Florida Statutes, are amended to read:
 1140         410.0245 Study of service needs; report; multiyear plan.—
 1141         (1)(a) The Adult Protection Services Program Office of the
 1142  Department of Children and Families Family Services shall
 1143  contract for a study of the service needs of the 18-to-59-year
 1144  old disabled adult population served or waiting to be served by
 1145  the community care for disabled adults program. The Division of
 1146  Vocational Rehabilitation of the Department of Education and
 1147  other appropriate state agencies shall provide information to
 1148  the Department of Children and Families Family Services when
 1149  requested for the purposes of this study.
 1150         (2) Based on the findings of the study, the Adult
 1151  Protection Services Program of the Department of Children and
 1152  Families Family Services shall develop a multiyear plan which
 1153  shall provide for the needs of disabled adults in this state and
 1154  shall provide strategies for statewide coordination of all
 1155  services for disabled adults. The multiyear plan shall include
 1156  an inventory of existing services and an analysis of costs
 1157  associated with existing and projected services. The multiyear
 1158  plan shall be presented to the Governor, the President of the
 1159  Senate, and the Speaker of the House of Representatives every 3
 1160  years on or before March 1, beginning in 1992. On or before
 1161  March 1 of each intervening year, the department shall submit an
 1162  analysis of the status of the implementation of each element of
 1163  the multiyear plan, any continued unmet need, and the
 1164  relationship between that need and the department’s budget
 1165  request for that year.
 1166         Section 37. Subsections (1) and (2) of section 410.603,
 1167  Florida Statutes, are renumbered as subsections (2) and (3),
 1168  respectively, and present subsection (3) of that section is
 1169  renumbered as subsection (1) and amended to read:
 1170         410.603 Definitions relating to Community Care for Disabled
 1171  Adults Act.—As used in ss. 410.601-410.606:
 1172         (1)(3) “Circuit District” means a specified geographic
 1173  service area that conforms to the judicial circuits established
 1174  in s. 26.021, as defined in s. 20.19, in which the programs of
 1175  the department are administered and services are delivered.
 1176         Section 38. Subsection (2) of section 410.604, Florida
 1177  Statutes, is amended to read:
 1178         410.604 Community care for disabled adults program; powers
 1179  and duties of the department.—
 1180         (2) Any person who meets the definition of a disabled adult
 1181  pursuant to s. 410.603(3)(2) is eligible to receive the services
 1182  of the community care for disabled adults program. However, the
 1183  community care for disabled adults program shall operate within
 1184  the funds appropriated by the Legislature. Priority shall be
 1185  given to disabled adults who are not eligible for comparable
 1186  services in programs of or funded by the department or the
 1187  Division of Vocational Rehabilitation of the Department of
 1188  Education; who are determined to be at risk of
 1189  institutionalization; and whose income is at or below the
 1190  existing institutional care program eligibility standard.
 1191         Section 39. Section 411.224, Florida Statutes, is amended
 1192  to read:
 1193         411.224 Family support planning process.—The Legislature
 1194  establishes a family support planning process to be used by the
 1195  Department of Children and Families Family Services as the
 1196  service planning process for targeted individuals, children, and
 1197  families under its purview.
 1198         (1) The Department of Education shall take all appropriate
 1199  and necessary steps to encourage and facilitate the
 1200  implementation of the family support planning process for
 1201  individuals, children, and families within its purview.
 1202         (2) To the extent possible within existing resources, the
 1203  following populations must be included in the family support
 1204  planning process:
 1205         (a) Children from birth to age 5 who are served by the
 1206  clinic and programs of the Division of Children’s Medical
 1207  Services of the Department of Health.
 1208         (b) Children participating in the developmental evaluation
 1209  and intervention program of the Division of Children’s Medical
 1210  Services of the Department of Health.
 1211         (c) Children from age 3 through age 5 who are served by the
 1212  Agency for Persons with Disabilities.
 1213         (d) Children from birth through age 5 who are served by the
 1214  Mental Health Program Office of the Department of Children and
 1215  Families Family Services.
 1216         (e) Participants who are served by the Children’s Early
 1217  Investment Program established in s. 411.232.
 1218         (f) Healthy Start participants in need of ongoing service
 1219  coordination.
 1220         (g) Children from birth through age 5 who are served by the
 1221  voluntary family services, protective supervision, foster care,
 1222  or adoption and related services programs of the Child Care
 1223  Licensure Services Program Office of the Department of Children
 1224  and Families Family Services, and who are eligible for ongoing
 1225  services from one or more other programs or agencies that
 1226  participate in family support planning; however, children served
 1227  by the voluntary family services program, where the planned
 1228  length of intervention is 30 days or less, are excluded from
 1229  this population.
 1230         (3) When individuals included in the target population are
 1231  served by Head Start, local education agencies, or other
 1232  prevention and early intervention programs, providers must be
 1233  notified and efforts made to facilitate the concerned agency’s
 1234  participation in family support planning.
 1235         (4) Local education agencies are encouraged to use a family
 1236  support planning process for children from birth through 5 years
 1237  of age who are served by the prekindergarten program for
 1238  children with disabilities, in lieu of the Individual Education
 1239  Plan.
 1240         (5) There must be only a single-family support plan to
 1241  address the problems of the various family members unless the
 1242  family requests that an individual family support plan be
 1243  developed for different members of that family. The family
 1244  support plan must replace individual habilitation plans for
 1245  children from 3 through 5 years old who are served by the Agency
 1246  for Persons with Disabilities.
 1247         (6) The family support plan at a minimum must include the
 1248  following information:
 1249         (a) The family’s statement of family concerns, priorities,
 1250  and resources.
 1251         (b) Information related to the health, educational,
 1252  economic and social needs, and overall development of the
 1253  individual and the family.
 1254         (c) The outcomes that the plan is intended to achieve.
 1255         (d) Identification of the resources and services to achieve
 1256  each outcome projected in the plan. These resources and services
 1257  are to be provided based on availability and funding.
 1258         (7) A family support plan meeting must be held with the
 1259  family to initially develop the family support plan and annually
 1260  thereafter to update the plan as necessary. The family includes
 1261  anyone who has an integral role in the life of the individual or
 1262  child as identified by the individual or family. The family
 1263  support plan must be reviewed periodically during the year, at
 1264  least at 6-month intervals, to modify and update the plan as
 1265  needed. Such periodic reviews do not require a family support
 1266  plan team meeting but may be accomplished through other means
 1267  such as a case file review and telephone conference with the
 1268  family.
 1269         (8) The initial family support plan must be developed
 1270  within a 90-day period. If exceptional circumstances make it
 1271  impossible to complete the evaluation activities and to hold the
 1272  initial family support plan team meeting within a reasonable
 1273  time period, these circumstances must be documented, and the
 1274  individual or family must be notified of the reason for the
 1275  delay. With the agreement of the family and the provider,
 1276  services for which either the individual or the family is
 1277  eligible may be initiated before the completion of the
 1278  evaluation activities and the family support plan.
 1279         (9) The Department of Children and Families Family
 1280  Services, the Department of Health, and the Department of
 1281  Education, to the extent that funds are available, must offer
 1282  technical assistance to communities to facilitate the
 1283  implementation of the family support plan.
 1284         (10) The Department of Children and Families Family
 1285  Services, the Department of Health, and the Department of
 1286  Education shall adopt rules necessary to implement this act.
 1287         Section 40. Section 414.24, Florida Statutes, is amended to
 1288  read:
 1289         414.24 Integrated welfare reform and child welfare
 1290  services.—The department shall develop integrated service
 1291  delivery strategies to better meet the needs of families subject
 1292  to work activity requirements who are involved in the child
 1293  welfare system or are at high risk of involvement in the child
 1294  welfare system. To the extent that resources are available, the
 1295  department and the Department of Labor and Employment Security
 1296  shall provide funds to one or more circuits service districts to
 1297  promote development of integrated, nonduplicative case
 1298  management within the department, the Department of Labor and
 1299  Employment Security, other participating government agencies,
 1300  and community partners. Alternative delivery systems shall be
 1301  encouraged which include well-defined, pertinent outcome
 1302  measures. Other factors to be considered shall include
 1303  innovation regarding training, enhancement of existing
 1304  resources, and increased private sector and business sector
 1305  participation.
 1306         Section 41. Subsection (8) of section 415.1113, Florida
 1307  Statutes, is amended to read:
 1308         415.1113 Administrative fines for false report of abuse,
 1309  neglect, or exploitation of a vulnerable adult.—
 1310         (8) All amounts collected under this section must be
 1311  deposited into the Operations and Maintenance Trust Fund within
 1312  the Adult Protection Services Program of the department.
 1313         Section 42. Subsections (1) through (3) of section 420.621,
 1314  Florida Statutes, are renumbered as subsections (2) through (4),
 1315  respectively, and present subsection (4) of that section is
 1316  renumbered as subsection (1) and amended to read:
 1317         420.621 Definitions.—As used in ss. 420.621-420.628, the
 1318  term:
 1319         (1)(4) “Circuit District” means a specified geographic
 1320  service area that conforms to the judicial circuits established
 1321  in s. 26.021 service district of the department, as set forth in
 1322  s. 20.19.
 1323         Section 43. Subsection (1) of section 420.622, Florida
 1324  Statutes, is amended to read:
 1325         420.622 State Office on Homelessness; Council on
 1326  Homelessness.—
 1327         (1) The State Office on Homelessness is created within the
 1328  Department of Children and Families Family Services to provide
 1329  interagency, council, and other related coordination on issues
 1330  relating to homelessness. An executive director of the office
 1331  shall be appointed by the Governor.
 1332         Section 44. Subsection (4) of section 420.623, Florida
 1333  Statutes, is amended to read:
 1334         420.623 Local coalitions for the homeless.—
 1335         (4) ANNUAL REPORTS.—The department shall submit to the
 1336  Governor, the Speaker of the House of Representatives, and the
 1337  President of the Senate, by June 30, an annual report consisting
 1338  of a compilation of data collected by local coalitions, progress
 1339  made in the development and implementation of local homeless
 1340  assistance continuums of care plans in each circuit district,
 1341  local spending plans, programs and resources available at the
 1342  local level, and recommendations for programs and funding.
 1343         Section 45. Subsections (4) through (8) of section 420.625,
 1344  Florida Statutes, are amended to read:
 1345         420.625 Grant-in-aid program.—
 1346         (4) APPLICATION PROCEDURE.—Local agencies shall submit an
 1347  application for grant-in-aid funds to the circuit district
 1348  administrator for review. During the first year of
 1349  implementation, circuit district administrators shall begin to
 1350  accept applications for circuit district funds no later than
 1351  October 1, 1988, and by August 1 of each year thereafter for
 1352  which funding for this section is provided. Circuit District
 1353  funds shall be made available to local agencies no more than 30
 1354  days after the deadline date for applications for each funding
 1355  cycle.
 1356         (5) SPENDING PLANS.—The department shall develop guidelines
 1357  for the development of spending plans and for the evaluation and
 1358  approval by circuit district administrators of spending plans,
 1359  based upon such factors as:
 1360         (a) The demonstrated level of need for the program.
 1361         (b) The demonstrated ability of the local agency or
 1362  agencies seeking assistance to deliver the services and to
 1363  assure that identified needs will be met.
 1364         (c) The ability of the local agency or agencies seeking
 1365  assistance to deliver a wide range of services as enumerated in
 1366  subsection (3).
 1367         (d) The adequacy and reasonableness of proposed budgets and
 1368  planned expenditures, and the demonstrated capacity of the local
 1369  agency or agencies to administer the funds sought.
 1370         (e) A statement from the local coalition for the homeless
 1371  as to the steps to be taken to assure coordination and
 1372  integration of services in the circuit district to avoid
 1373  unnecessary duplication and costs.
 1374         (f) Assurances by the local coalition for the homeless that
 1375  alternative funding strategies for meeting needs through the
 1376  reallocation of existing resources, utilization of volunteers,
 1377  and local government or private agency funding have been
 1378  explored.
 1379         (g) The existence of an evaluation component designed to
 1380  measure program outcomes and determine the overall effectiveness
 1381  of the local programs for the homeless for which funding is
 1382  sought.
 1384  grant-in-aid funds for local initiatives for the homeless shall
 1385  be allocated by the department to, and administered by,
 1386  department circuits districts. Allocations shall be based upon
 1387  sufficient documentation of:
 1388         (a) The magnitude of the problem of homelessness in the
 1389  circuit district, and the demonstrated level of unmet need for
 1390  services in the circuit district for those who are homeless or
 1391  are about to become homeless.
 1392         (b) A strong local commitment to seriously address the
 1393  problem of homelessness as evidenced by coordinated programs
 1394  involving preventive, emergency, and transitional services and
 1395  by the existence of active local organizations committed to
 1396  serving those who have become, or are about to become, homeless.
 1397         (c) Agreement by local government and private agencies
 1398  currently serving the homeless not to reduce current
 1399  expenditures for services presently provided to those who are
 1400  homeless or are about to become homeless if grant assistance is
 1401  provided pursuant to this section.
 1402         (d) Geographic distribution of circuit district programs to
 1403  ensure that such programs serve both rural and urban areas, as
 1404  needed.
 1405         (7) DISTRIBUTION TO LOCAL AGENCIES.—Circuit District funds
 1406  so allocated shall be available for distribution by the circuit
 1407  district administrator to local agencies to fund programs such
 1408  as those set forth in subsection (3), based upon the
 1409  recommendations of the local coalitions in accordance with
 1410  spending plans developed by the coalitions and approved by the
 1411  circuit district administrator. Not more than 10 percent of the
 1412  total state funds awarded under a spending plan may be used by
 1413  the local coalition for staffing and administration.
 1414         (8) LOCAL MATCHING FUNDS.—Entities contracting to provide
 1415  services through financial assistance obtained under this
 1416  section shall provide a minimum of 25 percent of the funding
 1417  necessary for the support of project operations. In-kind
 1418  contributions, whether materials, commodities, transportation,
 1419  office space, other types of facilities, or personal services,
 1420  and contributions of money or services from homeless persons may
 1421  be evaluated and counted as part or all of this required local
 1422  funding, in the discretion of the circuit district
 1423  administrator.
 1424         Section 46. Subsection (2) of section 429.35, Florida
 1425  Statutes, is amended to read:
 1426         429.35 Maintenance of records; reports.—
 1427         (2) Within 60 days after the date of the biennial
 1428  inspection visit required under s. 408.811 or within 30 days
 1429  after the date of any interim visit, the agency shall forward
 1430  the results of the inspection to the local ombudsman council in
 1431  whose planning and service area, as defined in part II of
 1432  chapter 400, the facility is located; to at least one public
 1433  library or, in the absence of a public library, the county seat
 1434  in the county in which the inspected assisted living facility is
 1435  located; and, when appropriate, to the circuit district Adult
 1436  Protection Services and Mental Health Program Offices.
 1437         Section 47. Paragraph (d) of subsection (3) of section
 1438  1002.67, Florida Statutes, is amended to read:
 1439         1002.67 Performance standards; curricula and
 1440  accountability.—
 1441         (3)
 1442         (d) Each early learning coalition, the Agency for Workforce
 1443  Innovation, and the department shall coordinate with the Child
 1444  Care Licensure Services Program Office of the Department of
 1445  Children and Families Family Services to minimize interagency
 1446  duplication of activities for monitoring private prekindergarten
 1447  providers for compliance with requirements of the Voluntary
 1448  Prekindergarten Education Program under this part, the school
 1449  readiness programs under s. 411.01, and the licensing of
 1450  providers under ss. 402.301-402.319.
 1451         Section 48. Sections 39.311, 39.312, 39.313, 39.314,
 1452  39.315, 39.316, 39.317, 39.318, 394.9083, and 402.35, Florida
 1453  Statutes, are repealed.
 1454         Section 49. The Division of Statutory Revision of the Joint
 1455  Legislative Management Committee is directed to prepare a
 1456  reviser’s bill for introduction at a subsequent session of the
 1457  Legislature to change the term “Department of Children and
 1458  Family Services” to “Department of Children and Families,” the
 1459  term “Secretary of Children and Family Services” to “Secretary
 1460  of Children and Families,” and the term “district administrator”
 1461  to “circuit administrator,” as that term relates to the
 1462  responsibilities of the Department of Children and Families,
 1463  wherever that term appears in the Florida Statutes.
 1464         Section 50. The Agency for Persons with Disabilities is
 1465  directed to prepare a plan that will enable it to perform all of
 1466  its own administrative and operational functions separate from
 1467  the Department of Children and Family Services by July 1, 2015.
 1468  The plan must identify resource requirements and a timeframe for
 1469  completing the transfer of responsibilities from the Department
 1470  of Children and Family Services, including submittal of a
 1471  detailed justification for each position the agency estimates it
 1472  would need to become administratively self-sufficient; an
 1473  analysis of each function to determine if the Department of
 1474  Children and Family Services could provide the service more
 1475  efficiently on a reimbursed cost basis through an interagency
 1476  agreement; and an estimate of the costs and benefits to be
 1477  derived through the separation. The Department of Children and
 1478  Family Services is directed to cooperate with the agency in
 1479  preparing the plan. The plan shall be presented to the Speaker
 1480  of the House of Representatives, the President of the Senate,
 1481  and the appropriate substantive committees by January 15, 2011.
 1482         Section 51. The Department of Children and Families,
 1483  through its Office of General Counsel and in consultation with
 1484  its contracted legal services providers and lead agency
 1485  administrators, shall define the types of legal services
 1486  associated with dependency proceedings. These legal services
 1487  include, but are not limited to, service of process, court
 1488  reporter and transcription services, expert witnesses, and legal
 1489  publication. The department shall delineate the specific costs
 1490  each lead agency will pay for those defined legal services, and
 1491  by contract amendment, modify lead agency funding amounts to
 1492  shift funding and responsibility for those costs to the
 1493  department through its Office of General Counsel.
 1494         Section 52. The Department of Children and Families is
 1495  directed to establish a procedure to assist undocumented aliens
 1496  forensically committed in mental health institutions as not
 1497  guilty by reason of insanity or civilly committed under the
 1498  Baker Act to return to their country of origin. The procedure
 1499  should include guidelines to identify appropriate candidates and
 1500  a process to facilitate their voluntary repatriation.
 1501         Section 53. The Department of Children and Families is
 1502  directed to institute a program, modeled on the Department of
 1503  Corrections’ Institutional Hearing Program, to improve
 1504  coordination with United States Immigration and Customs
 1505  Enforcement to identify undocumented aliens in mental health
 1506  institutions for whom removal may be appropriate. The program
 1507  should allow undocumented aliens of any commitment status in
 1508  state mental health treatment facilities to be identified and
 1509  the removal process initiated early in their commitment.
 1510         Section 54. This act shall take effect July 1, 2010.

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