HB 899 — Child Welfare

The compliance or lack of compliance of the parent in Page 8 of 22 CODING:

hb0899-01-c1hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 899 2019 ismeeting inspecified thefinancial bestobligations interestpertaining to the care of the child.child, including the reason for failure to comply, if applicable.

8.

The compliance or lack of compliance of the parent in meeting specified financial obligations pertaining to the care of the child, including the reason for failure to comply, if applicable.

When appropriate, the basis for the unwillingness or Pageinability 9 of 24the CODING:parent to become a party to a case plan.

The court and the citizen review panel shall determine if the Page 9 of 22 CODING:

hb0899-01-c1hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 899 2019 inabilityefforts of the parentsocial toservice becomeagency ato secure party toparticipation in a case plan.plan were sufficient.

The court and the citizen review panel shall determine if the efforts of the social service agency to secure party participation in a case plan were sufficient.

Amendments to the case plan must Pagebe 10prepared ofas 24prescribed CODING:in s.

39.6013.

If the court finds that the prevention or reunification efforts of the department will Page 10 of 22 CODING:

hb0899-01-c1hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 899 2019 allow the child to remain safely at home or be preparedsafely asreturned prescribedto the home, the court shall allow the child to remain in s.or return to the home after making a specific finding of fact that the reasons for the creation of the case plan have been remedied to the extent that the child's safety, well-being, and physical, mental, and emotional health will not be endangered.

39.6013.

If the court finds that the prevention or reunification efforts of the department will allow the child to remain safely at home or be safely returned to the home, the court shall allow the child to remain in or return to the home after making a specific finding of fact that the reasons for the creation of the case plan have been remedied to the extent that the child's safety, well-being, and physical, mental, and emotional health will not be endangered.

If, at any judicial review, the court finds that the parents have failed to substantially comply with the case plan to the degree that further reunification efforts are without Page 11 of 2422 CODING:

hb0899-01-c1hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 899 2019 parents have failed to substantially comply with the case plan to the degree that further reunification efforts are without merit and not in the best interest of the child, on its own motion, the court may order the filing of a petition for termination of parental rights, whether or not the time period as contained in the case plan for substantial compliance has expired.

If the court makes a written finding that it is not likely that the child will be reunified with the parent or legal custodian within 12 months after the child was removed from the home, the department must file with the court, and serve on all parties, a motion to amend the case Pageplan 12under ofs. 24 CODING:

39.6013 and declare that it will use concurrent planning for the case plan.

The department must file the motion Page 12 of 22 CODING:

hb0899-01-c1hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 899 2019 planwithin under10 s.business days after receiving the written finding of the court.

39.6013 and declare that it will use concurrent planning for the case plan.

The department must file the motion within 10 business days after receiving the written finding of the court.

however, the subcontracts must specify how the provider will contribute to the lead agency meeting the performance standards established pursuant to the child welfare results-oriented Pageaccountability 13system ofrequired 24by CODING:s.

409.997.

The lead agency shall directly provide no more than 35 percent of all child Page 13 of 22 CODING:

hb0899-01-c1hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 899 2019 accountabilitywelfare systemservices requiredprovided byunless s.it can demonstrate a need, within the lead agency's geographic service area, to exceed this threshold.

409.997.

The lead agency shall directly provide no more than 35 percent of all child welfare services provided unless it can demonstrate a need, within the lead agency's geographic service area, to exceed this threshold.

If there is not a community alliance operating in a lead agency's geographic service area, the recommendation for approval or denial of the exemption shall be made by representatives of local stakeholders, including:including at least one representative from each of the following:

AThe representative from the department.

AThe representative from county government.

AThe representative from the school district.

AThe representative from the county United Way.

AThe representative from the county sheriff's office.

AThe representative from the circuit court corresponding to the county.

AThe representative from the county children's board, if one exists.

AAnother representative from another lead agency.

A representative from a child welfare service provider Pagefrom 14another ofgeographic 24service CODING:area.

If a lead agency's geographic service area has more than one Page 14 of 22 CODING:

hb0899-01-c1hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 899 2019 fromcommunity anotheralliance, county government, school district, United Way, sheriff, circuit court, or county children's board, the chair of each community alliance, county commission, school board, United Way, or county children's board or the sheriff or chief judge of the circuit court corresponding to each county in the geographic area.service area shall select one person to serve as the representative of such local stakeholder.

IfSuch therepersons is more than one community alliance in a lead agency's geographic service area, the chairpersons of the community alliances in the geographic area shall select representatives from each alliance, including at least one representative from subparagraphs 1.-9., to comprise the group tothat must recommend to the department whether itthe department should approve or deny the request for exemption from the services threshold.

There must be representation in eachthe group from every county in the lead agency's geographic service area, including counties that do not have a community alliance.

Section 775.0851, Florida Statutes, is created to read:

775.0851 Offenses against a foster parent;

reclassification of offenses.— (1) For purposes of this section, the term "foster parent" means a caregiver whose home is licensed under s.

409.175, and who takes custody of a child for a period of time to care for the child's safety, well-being, and physical, mental, and emotional health after the child has been removed from the custody of his or her legal parents.

(2) The degree of an offense is reclassified as provided in subsection (3) if a person knowingly commits the offense Page 15 of 24 CODING:

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hb0899-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 899 2019 against a foster parent while he or she is caring for a child who has been placed in his or her home, such offense is related to the foster parent's custody of that child, and the offense is a violation of:

(a) Section 784.011, relating to assault;

(b) Section 784.021, relating to aggravated assault;

(c) Sections 784.03 and 784.041(1), relating to battery and felony battery;

(d) Section 784.045, relating to aggravated battery;

(e) Section 784.048, relating to stalking;

or (f) Section 794.011, relating to sexual battery.

(3)(a) A misdemeanor of the second degree is reclassified as a misdemeanor of the first degree.

(b) A misdemeanor of the first degree is reclassified as a felony of the third degree.

(c) A felony of the third degree is reclassified as a felony of the second degree.

(d) A felony of the second degree is reclassified as a felony of the first degree.

(e) A felony of the first degree is reclassified as a life felony.

(4) For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked one level above the ranking specified in s.

921.0022 or s.

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hb0899-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 899 2019 921.0023 for the offense committed.

Section 7.

39.01(37) or (54), acting in an official capacity, has committed an act of child abuse, abandonment, or neglect, the department shall initiate a child protective investigation within the timeframe established under s.Page 15 of 22 CODING:

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hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 899 2019 s.

A protective Pageinvestigation 17must ofinclude 24an CODING:interview with the child's parent or legal guardian.

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hb0899-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 899 2019 investigation must include an interview with the child's parent or legal guardian.

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hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 899 2019 Section 7.

(c) When any child is adjudicated by a court to be Pagedependent, 18the court having jurisdiction of 24the CODING:child has the power by order to:

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hb0899-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 899 2019 dependent, the court having jurisdiction of the child has the power by order to:

39.01, and the substance abuse assessment or evaluation must be administered by a qualified professionalPage as17 definedof in22 s.CODING:

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hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 899 2019 professional as defined in s.

39.01(35)(g) demonstrates good cause, and the court shall require the parent whose actions caused the harm to submit to a substance abuse disorder assessment or evaluation and to participate and comply with treatment and services identified in the assessment or evaluation as being Pagenecessary. 19 of 24 CODING:

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hb0899-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 899 2019 necessary.

This subparagraph does not authorize placement of a child with a person seeking custody of the child, other than the child's parent or legal custodian, who requiresPage mental18 healthof or22 substanceCODING: abuse disorder treatment.

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hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 899 2019 requires mental health or substance abuse disorder treatment.

Protective supervision shall be terminated by the court whenever the court determines that permanency has been achieved for the child, Pagewhether 20with ofa 24parent, CODING:another relative, or a legal custodian, and that protective supervision is no longer needed.

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hb0899-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 899 2019 whether with a parent, another relative, or a legal custodian, and that protective supervision is no longer needed.

Determine whether the child has a strong attachment to the prospective permanent guardian and whether such guardian has aPage strong19 commitmentof to22 permanentlyCODING: caring for the child.

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hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 899 2019 a strong commitment to permanently caring for the child.

Section 8.

PageSection 219. of 24 CODING:

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hb0899-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 899 2019 Section 10.

39.01(49), an authorized representative of a residential group home at which such a minor resides, the caseworker at the agency at which the state has placed the minor, or a guardian ad litem specifically authorized by the minor's caregiver to sign for a learner's driver license signs the minor's application for a learner's driver license, that caregiver, group home representative, caseworker,Page or20 guardian ad litem does not assume any obligation or become liable for any damages caused by the negligence or willful misconduct of the22 minorCODING: by reason of having signed the application.

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hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 899 2019 caseworker, or guardian ad litem does not assume any obligation or become liable for any damages caused by the negligence or willful misconduct of the minor by reason of having signed the application.

Section 11.10.

programs and services.— (4) The array of services may include, but is not limited Pageto: 22 of 24 CODING:

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hb0899-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 899 2019 to:

Section 12.11.

39.01(49) may not charge an additional premium for coverage of the minor while the minor is operating the insured vehicle, for thePage period21 of time22 thatCODING: the minor has a learner's driver license, until such time as the minor obtains a driver license.

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hb0899-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 899 2019 the period of time that the minor has a learner's driver license, until such time as the minor obtains a driver license.

Section 12.

Section 14.13.

960.065 Eligibility for awards.— (5) A person is not ineligible for an award pursuant to Pageparagraph 23(2)(a), paragraph (2)(b), or paragraph (2)(c) if that person is a victim of 24sexual CODING:exploitation of a child as defined in s.

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hb0899-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 899 2019 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that person is a victim of sexual exploitation of a child as defined in s.

Section 15.14.

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