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2015 Child Welfare Legislation

June 2015

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CS/HB 437(Chapter 2015-112, Laws of Florida)

By Representative Adkins

Guardians for Dependent Children who are Developmentally

Disabled or Incapacitated

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The Regis Little Act to Protect Children with Special Needs

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Formalizes the process of appointment of a guardian or guardian advocate for a young adult determined by the court to meet the requirements of Chapter 744, F.S., for appointment of a guardian or s. 393.12, F.S., for appointment of guardian advocate

Overview

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If youth meets requirements for appointment of a

guardian, the updated case plan must be developed

in a face-to-face conference with

youth, if appropriate, along

with others involved in the case

The court shall review the

necessity of continuing the

guardianship and whether

restoration of guardianship is needed when young adult

turns 22

Judicial Review That Is Held Within 90 Days After Child

Turns 17

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•Include in the child’s updated case plan a multidisciplinary report that includes psychosocial evaluation and educational report if one has not been completed within previous 2 years•Identify one or more individuals as a guardian advocate, plenary or limited guardian•Allows other parties or participants to also identify guardian or advocate

If child meets

requirements for

appointment of a

guardian:

Department Requirements

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•The child’s biological or adoptive family members, including the child’s parents if the parents’ rights have not been terminated, may not be considered for service as the plenary or limited guardian unless the court enters a written order finding that such an appointment is in the child’s best interest

If child meets

requirements for

appointment of a

guardian:

Department Requirements

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Allows proceedings to be initiated within 180 days after the child turns 17 years of age for the appointment of a guardian advocate, plenary guardian, or limited guardian

Encourages the use of pro bono representation to initiate proceedings

Requires the Department to share information with parties that are interested in the guardianship process for the young adult within 45 days after the first judicial review hearing after the child turns 17 years of age

Other Issues

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Gives parents of minor children who are the subject of Chapter 39, the ability to act as natural guardians if their rights have not been terminated unless the court finds that it is not in the child’s best interests

Provides eligible minors due process rights as would be given to adults with alleged developmental disabilities

Requires Probate court to initiate proceedings for appointment of a guardian advocate if the petition filed for appointment is filed for a child who is subject to Chapter 39 proceedings when the child has attained 17 years and 6 months or older

Requires any proceedings seeking appointment of a guardian advocate or a determination of incapacity and the appointment of a guardian be addressed in a separate proceeding in the court with proper jurisdiction over probate matters

Other Issues

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CS/HB 7013(Chapter 2015-130, Laws of Florida)

By Representative Brodeur

Adoption

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Addresses ways to strengthen and increase adoptions of children involved in the child welfare system

Prioritizes educational stability of foster children

Prohibits the Department and CBCs from discriminating against the utilization of home schooling

Overview

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Department is to ensure:Children are enrolled in school in the

best educational setting Educational setting meets the child’s

needs Minimal disruption of education

Prohibits Department from showing prejudice against out-of-home caregivers who want to home school a child in the child welfare system

New Requirements For Agreements Between Department and Local School Boards

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Must maintain educational

stability for the child with first

priority to remain in school

attended before entry into out-of-home care if it is in best interest of

the child

If not in best interest of child, must work with case manager

and other professionals to determine best

educational setting to meet

the child’s needs

Additional Roles and Responsibilities of Caregivers

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CBCs must make “reasonable effort” to

contact family by phone one year after adoption

finalization and document contact(s)

Must provide post-adoption services if

requested by family and document if services

provided and feedback as to quality and effectiveness

Must report to Department

outcomes achieved and

recommendations for improvement

Post Adoption Services

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A program for CBCs and their subcontractors that awards incentive payments for achievement of specific and measureable adoption performance standards

Requires the Department to:Conduct comprehensive baseline assessment of providers’

performance in eight areas Compile data for most recent 5 years Annually negotiate outcome-based agreements with CBCs

Legislatively mandated report Contingent upon funding from the Legislature

Adoption Incentive Program

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Recreates an adoption benefits program for full-time

employees of state agencies who are adopting children who are in the foster care system

Once a year open enrollment period

Contingent upon funding from the Legislature

Adoption Benefits Programfor State Employees

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Each year the Governor shall select and recognize one or more individuals, families, or organizations that make significant contributions to enabling state’s foster children to achieve permanency through adoption

Department shall define appropriate categories and seek nominations

Office of Adoption and Child Protection within Executive Office of Governor shall establish a direct-support organization to provide tokens of recognition

Annual Adoption Achievement Awards

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Requires licensed child-placing agencies that provide adoption services for intercountry adoptions to meet federal regulations

An adoption agency in Florida which provides intercountry adoption services for families residing in Florida must maintain a record that contains:

All available family and medical history of birth family

Licensed Child-Placing Agencies Conducting Intercountry Adoptions

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CS/HB 7078(Chapter 2015-79, Laws of Florida)

By Senate Children, Families, and

Elder Affairs Committee

Child Welfare

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Critical Incident Rapid Response Team

Deployment ReportsExpands Secretary’s authority to deploy a CIRRT when a child death or serious injury occurs during an open investigation

Requires the CIRRT Advisory Committee

to meet at least quarterly and to

submit Legislatively mandated reports quarterly to the

Secretary

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Limits staffing of reports alleging medical neglect to those reports substantiated by the Child Protection Team

Staffing of Medical Neglect Cases

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Clarifies functions of the Child Abuse Death Review state and local committees:

Adds a substance abuse treatment professional to the State Committee

State Committee is to provide direction and leadership

Local Committees to conduct individual case reviews of deaths, generate information, make recommendations and improvements locally

Outlines members to be included on Local Committees

Requires to extent possible, individuals who dealt with a child whose death is verified to attend meetings where child’s case is reviewed

Child Abuse Death Review Committees

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Amends s. 402.301, F.S., to require all personnel of membership organizations affiliated with national organizations which do not provide child care to meet Level 2 background screening requirements

Amends s. 402.302(3), F.S., regarding the definition of child care personnel to include “membership organizations” for the purpose of background screening requirements

Amends s. 435.02, F.S., adding local licensing agencies approved pursuant to s. 402.307, F.S., to have access to the Clearinghouse

Background Screening Requirements

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Implements recommendations of the Florida Institute for Child Welfare by clarifying Legislative intent to prioritize evidence-based and trauma-informed services

Strengthens language around the services to be provided to dependent children to include services that are supported by research or that are recognized as best practices in the child welfare field

Requires the CBCs to give priority to the use of services that are evidenced based and trauma-informed

Evidence Based and Trauma-Informed Services

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Requires district school boards, charter schools, and private schools that accept scholarship students to hang poster size notices in English and Spanish that provide the abuse hotline number and directions for accessing the Department’s internet website along

with instructions to call 911 for emergencies

Communication Requirements

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CS/CS/HB 21 by Representatives Hager and Harrell – Substance Abuse Services (Chapter 2015-100, Laws of Florida)

Requires the Department to create voluntary certification program for recovery residences and requires background screening of recovery residence employees

CS/CS/HB 149 by Representative Rouson – Rights of Grandparents and Great Grandparents (Chapter 2015-134, Laws of Florida)

Authorizes a grandparent of minor child whose parents are deceased, missing, or in a permanent vegetative state to petition the court for visitation with the grandchild

If a minor child is adopted by a stepparent or close relative, the adoptive parent may petition the court to terminate a grandparent visitation order

Other Child Welfare Legislation

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HB 469 by Representatives Spano – Public Records/Residential Facilities Serving Victims of Sexual Exploitation and Human Trafficking (Chapter 2015-147, Laws of Florida)

Creates a public records exemption for the location information of a safe house safe foster home, or other residential facility serving child victims of sexual exploitation

CS/CS/HB 1055 by Representative Harrell – Child Protection (Chapter 2015-177, Laws of Florida)

Provides that a Critical Incident Rapid Response Team must include a child protection team medical director

SB 7032 by Health Policy Committee – Public Records/Reports of a Deceased Child (Chapter 2015-77, Laws of Florida)

Reenacts and amends public records and public meetings exemptions for certain identifying information held by State and local child abuse death review committees

Other Child Welfare Legislation

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CLS Workload Issue – $1,259,622, 17 FTEs Title IV-E Child Welfare Stipend Program -

$2,614,038, 2 FTEs Title IV-E Training Redesign - $14,050,260

CBC - $6,510,184 (Implementing bill requires allocation based on needs assessment)

Sheriffs - $1,548,038 Department - $5,992,038

Maintenance Adoption Subsidies- $18,344,758 (new money) $4,288,722 (nonrecurring funding for FY 15-16)

Child Welfare Budget Issues

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CBC Increase Core Services – $16,153, 541 (proviso requires distribution according to new equity formula)

CBC Risk Pool - $13,000,000 CBC Deficits - $10,000,000

Requires Budget Amendment for money to be released Requires a plan for how the funds will be expended for

operational cost Implementation of HB 7013

$2,500,000 ($1M recurring) – CBC Adoption Incentives $3,000,000 – State Employee Adoption Incentives $250,000 – Required changes to FSFN $74,643 – 1 FTE

Child Welfare Budget Issues

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Healthy Families Expansion – $3.9 million FSFN

$1,337,335 – ongoing maintenance, operation, and enhancements

$1,000,000 – in reserve; requires a proposal for moving application development, test and production environments to an external service provider cloud computing service

Results Oriented Accountability System - $500,000 Department shall develop a proposal that specifies timeline for

implementation before release of funds Sheriffs

$15,054,474 – Broward $13,430,952 - Hillsborough $4,719,787 – Manatee $6,241,374 - Pasco $11,828,667 – Pinellas $4,537,152 - Seminole

Child Welfare Budget Issues

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APD Home and Community Based Waiver WaitlistCategory 1 – Deemed in CrisisCategory 2 – Open case in FSFN and

Individuals transitioning out of child welfare to adoption, reunification, permanent placement with relative, guardianship with nonrelative

Individuals 18 through 21 who need both waiver and extended foster care services; - APD shall provide waiver services, including residential habilitation and - CBC shall fund room and board at rate established in s. 409.145(4), F.S., and case management and related services- May receive both waiver and extended foster care services

Individuals on wait list who are at least 18 but not yet 22 who withdraw consent to remain in extended foster care

Implementing Bill

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SB 2510-A – Equity Allocation Model

Factors included in model: Proportion of child population (new) – proportion of children up to 18 years

of age during previous calendar year in geographic area served by CBC - weighted as 5% of total factors

Proportion of child abuse hotline workload (same) – weighted as 15% of total factors

Proportion of children in care (new definition) – proportion of number of children in care receiving in-home services and the number in out-of-home care with a case management overlay during the most recent 12-month period and weighted as follows: (weighted as 80% of total factors)

60% based on children in out-of-home care

40% based on in-home care

Allocation Model Beginning FY 15-16 - 100% of recurring core services shall be based on

prior year 20% of new funding shall be allocated among all CBCs 80% of new funding shall be allocated among CBCs funded below their

equitable share

Conforming Bill