Florida 2020 Regular Session Status: In Committee 1 D cosponsors

SB 122 — Child Welfare

Last action — Laid on Table, refer to CS/HB 43

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Child Welfare; Citing this act as “Jordan’s Law”; expanding the list of entities with access to certain records that relate to child abandonment, abuse, or neglect held by the Department of Children and Families; authorizing the parent or legal guardian of a child to request a second medical evaluation of a child under certain circumstances; revising the definition of the terms “guardian ad litem” and “guardian advocate”; requiring a lead agency to ensure that certain individuals receive specified training relating to head trauma and brain injuries in children younger than a specified age, etc.

Bill Text

What changed in the latest version

735 added · 748 removed

735 line(s) added, 748 removed.

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Florida Senate - 2020 CS for CS for SB 122 By the Committees on Appropriations;
Florida Senate - 2020 CS for SB 122 By the Committee on Children, Families, and Elder Affairs;
and Children, Families, and Elder Affairs;
and Senators Rouson, Berman, Hooper, and Book 586-02427-20 2020122c1 A bill to be entitled An act relating to child welfare;
and Senators Rouson, Berman, Hooper, Book, and Rader 576-04303-20 2020122c2 A bill to be entitled An act relating to child welfare;
39.820, F.S.;
revising the definition of the terms “guardian ad litem” and “guardian advocate”;
amending s.
requiring that the guardian ad litem training program include training on the recognition of and responses to head trauma and brain injury in specified children;
revising the membership of the curriculum committee established to develop a specified training program;
requiring the training program to include certain training relating to head trauma and brain injuries in children younger than a specified age;
revising legislative intent and providing legislative findings;
revising legislative findings and providing legislative intent;
providing additional duties for third-party credentialing entities;
providing legislative findings;
requiring the department to establish an Office of Well-Being and Support;
requiring the department to contract with certain university-based centers to develop and coordinate the implementation of a specified helpline;
requiring the department to submit a report on the implementation of such helpline to the Governor and the Legislature on a specified date;
providing additional duties for third party credentialing entities;
amending s.
amending ss.
409.996, F.S.;
409.996 and 1009.25, F.S.;
authorizing the department, in collaboration with certain lead agencies, to create and implement a program to more effectively provide case management services to specified children;
providing criteria for selecting judicial circuits for implementation of the program;
specifying requirements of the program;
requiring the department to submit a report to the Governor and the Legislature by a specified date under specified conditions;
amending s.
1009.25, F.S.;
70 Be It Enacted by the Legislature of the State of Florida:
68 Be It Enacted by the Legislature of the State of Florida:
72 Section 1. This act may be cited as “Jordan’s Law.” Section 2. Paragraph (a) of subsection (2) of section 39.202, Florida Statutes, is amended to read:
70 Section 1. This act may be cited as “Jordan’s Law.” Section 2.  Paragraph (a) of subsection (2) of section 39.202, Florida Statutes, is amended to read:
104 Also, employees or agents of the Department of Juvenile Justice responsible for the provision of services to children, pursuant to chapters 984 and 985.
102 Also, employees or agents of the Department of Juvenile Justice responsible for the provision of services to children, pursuant to chapters 984 and 985.
Section 3. Paragraph (h) of subsection (3) of section 39.303, Florida Statutes, is amended to read:
Section 3.  Paragraph (h) of subsection (3) of section 39.303, Florida Statutes, is amended to read:
402.40 and 943.17298.
39.8296, 402.40, and 943.17298.
136 A Child Protection Team that is evaluating a report of medical neglect and assessing the health care needs of a medically complex child shall consult with a physician who has experience in treating children with the same condition.
134 A Child Protection Team that is evaluating a report of medical neglect and assessing the health care needs of a medically complex child shall consult with a physician who has experience in treating children with the same condition.
Section 4. Subsection (3) of section 39.401, Florida Statutes, is amended to read:
Section 4.  Subsection (3) of section 39.401, Florida Statutes, is amended to read:
Section 5. Section 39.820, Florida Statutes, is amended to read:
Section 5. Paragraph (b) of subsection (2) of section 39.8296, Florida Statutes, is amended to read:
39.820 Definitions.—As used in this chapter part, the term:
(1) “Guardian ad litem” as referred to in any civil or criminal proceeding includes the following:
the Statewide Guardian Ad Litem Office, which includes circuit a certified guardian ad litem programs;
program, a duly certified volunteer, a staff member, a staff attorney, a contract attorney, or a certified pro bono attorney working on behalf of a guardian ad litem or the program;
staff members of a program office;
a court-appointed attorney;
or a responsible adult who is appointed by the court to represent the best interests of a child in a proceeding as provided for by law, including, but not limited to, this chapter, who is a party to any judicial proceeding as a representative of the child, and who serves until discharged by the court.
(2) “Guardian advocate” means a person appointed by the court to act on behalf of a drug dependent newborn under pursuant to the provisions of this part.
Section 6. Paragraph (b) of subsection (2) of section 39.8296, Florida Statutes, is amended to read:
The Statewide Guardian Ad Litem Office is shall not be subject to control, supervision, or direction by the Justice Administrative Commission in the performance of its duties, but the employees of the office are shall be governed by the classification plan and salary and benefits plan approved by the Justice Administrative Commission.
The Statewide Guardian Ad Litem Office shall not be subject to control, supervision, or direction by the Justice Administrative Commission in the performance of its duties, but the employees of the office shall be governed by the classification plan and salary and benefits plan approved by the Justice Administrative Commission.
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4. The office shall develop a guardian ad litem training program, which shall include, but not be limited to, training on the recognition of and responses to head trauma and brain injury in a child under 6 years of age.
4. The office shall develop a guardian ad litem training program.
The office shall establish a curriculum committee to develop the training program specified in this subparagraph.
The office shall establish a curriculum committee to develop a guardian ad litem the training program specified in this subparagraph.
The curriculum committee shall include, but not be limited to, dependency judges, directors of circuit guardian ad litem programs, active certified guardians ad litem, a mental health professional who specializes in the treatment of children, a member of a child advocacy group, a representative of a domestic violence advocacy group the Florida Coalition Against Domestic Violence, and a social worker experienced in working with victims and perpetrators of child abuse.
The curriculum committee shall include, but not be limited to, dependency judges, directors of circuit guardian ad litem programs, active certified guardians ad litem, a mental health professional who specializes in the treatment of children, a member of a child advocacy group, a representative of the Florida Coalition Against Domestic Violence, an individual with a degree in social work, and a social worker experienced in working with victims and perpetrators of child abuse.
The training program must include training in the recognition of and appropriate responses to head trauma and brain injury in a child under 6 years of age developed by the Child Protection Team Program within the Department of Health.
Section 7. Section 402.40, Florida Statutes, is amended to read:
Section 6.  Section 402.40, Florida Statutes, is amended to read:
(4) WORKFORCE TRAINING.— (a) In order to enable the state to recruit and retain a qualified and diverse child welfare workforce that is well trained, well-supervised, and well-supported, the department shall establish a program for a comprehensive system to provide both preservice and inservice child welfare competency-based training curricula that all child welfare staff, including all staff providing care for dependent children employed by a community-based care lead agency or by a subcontractor of such agency, are required to participate in and successfully complete, appropriate to their areas of responsibility.
(4) WORKFORCE TRAINING.— (a) In order to enable the state to recruit and retain a qualified and diverse child welfare workforce that is well trained, well-supervised, and well-supported, the department shall establish a program for a comprehensive system to provide both preservice and inservice child welfare competency-based training that all child welfare staff, including all staff providing care for dependent children employed by a community based care lead agency or by a subcontractor of such agency, are required to participate in and successfully complete, appropriate to their areas of responsibility.
(5) WORKFORCE CERTIFICATION.—The department shall approve one or more third-party credentialing entities for the purpose of developing and administering child welfare certification programs for persons who provide child welfare services.
(c) By October 1, 2021, the department shall establish, maintain, and oversee the operation of at least one regional child welfare professional development center in this state.
The department shall determine the number and location of, and the timeframe for establishing, additional development centers and shall contract for the operation of the centers with a public postsecondary institution pursuant to s.
402.7305.
(5) WORKFORCE WELL-BEING AND SUPPORT.—The Legislature finds that vicarious trauma, burnout, and lack of self-care can challenge all first responders, including child welfare professionals.
First responders who care for others often need peer counseling, crisis support, and other resilience-building services to normalize issues and promote retention.
The Legislature further finds that these activities are best provided by those with shared life experiences who may provide assistance that traditional mental health or employee assistance programs are unable to provide.
(a) The department shall establish an Office of Well-Being and Support.
(b) The department shall contract with one or more university-based centers that have expertise in behavioral health to develop and coordinate the implementation of a helpline that is operational 24 hours per day and 7 days a week, staffed by former child welfare supervisors and caseworkers and child protective investigators, and reflective of the nationally recognized best practice reciprocal peer support model.
The helpline must be capable of providing peer support, telephone assessment, and referral services.
(c) The department shall submit a report providing an update on the activities of the office and implementation of the helpline to the Governor, the President of the Senate, and the Speaker of the House of Representatives on December 1, 2020.
(6) WORKFORCE CERTIFICATION.—The department shall approve one or more third-party credentialing entities for the purpose of developing and administering child welfare certification programs for persons who provide child welfare services.
(g) All certified child welfare professionals must follow the requirements of the third-party credentialing entity’s code of ethical and professional conduct and disciplinary procedures.
(g) All certified child welfare professionals must follow the requirements of the third-party credentialing entities code of ethical and professional conduct and disciplinary procedures.
1. The department, community based care lead agencies, sheriff offices and their contracted providers shall report all allegations of suspected or known violations of ethical or professional misconduct standards to the department-approved third-party credentialing entity, including all allegations made to the department’s Office of Inspector General on certified personnel.
1. The department, community based care lead agencies, sheriff offices and their contracted providers shall report all allegations of suspected or known violations of ethical or professional misconduct standards to the department approved third-party credentialing entity, including all allegations made to the department’s Office of Inspector General on certified personnel.
2. The department shall review all case records involving the death of a child or other critical incident that is subject to a critical incident rapid response team review to ensure compliance with ethical and professional conduct requirements of any certified child welfare professional staff.
2. The third-party credentialing entity shall review all case records involving the death of a child or other critical incident to ensure compliance with the third-party credentialing entity’s published code of ethical and professional conduct and disciplinary procedures.
3. The department shall provide any reports to the third party credentialing entity that indicate that ethical or professional conduct requirements were not met so that the credentialing entity may determine if the individual’s certification requires suspension or revocation.
3. The department shall provide the third-party credentialing entity with all reports necessary to conduct a thorough investigation on all certified child welfare service providers involved with the case.
4. If it is determined that the individual’s certification requires suspension or revocation, the department or employer of the certified staff must immediately remove the individual from their duties that require certification as a condition of employment.
4. The third-party credentialing entity shall immediately suspend the certification of all certified individuals involved in the case pending the results of the initial review of the certified professional’s role and performance as it relates to the case circumstance.
5. Any decision by a department-approved third-party credentialing entity to deny, revoke, or suspend a certification, or otherwise impose sanctions on an individual who is certified, is reviewable by the department.
5. The department or sub-contracted employer of the certified staff must immediately remove the individual from their duties that require certification as a condition of employment until the initial review is complete and the third party credentialing entity determines if an ethics case is warranted.
6. Any decision by a department approved credentialing entity to deny, revoke, or suspend a certification, or otherwise impose sanctions on an individual who is certified, is reviewable by the department.
6. The third-party credentialing entity shall track and report compliance with this subsection to the department.
7. The third-party credentialing entity shall track and report compliance with this subsection to the department.
(6) CHILD WELFARE TRAINING TRUST FUND.— (a) There is created within the State Treasury a Child Welfare Training Trust Fund to be used by the Department of Children and Families for the purpose of funding the professional development of persons providing child welfare services.
(7) CHILD WELFARE TRAINING TRUST FUND.— (a) There is created within the State Treasury a Child Welfare Training Trust Fund to be used by the Department of Children and Families for the purpose of funding the professional development of persons providing child welfare services.
(7) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD WELFARE CASES.—With the exception of attorneys hired after July 1, 2014, but before July 1, 2020, who shall complete the training required under this subsection by January 31, 2021, attorneys hired by the department on or after July 1, 2014, whose primary responsibility is representing the department in child welfare cases shall receive training within the first 6 months of employment in:
(8) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD WELFARE CASES.—With the exception of attorneys hired after July 1, 2014, but before July 1, 2020, who shall complete the training required under this subsection by January 31, 2021, attorneys hired by the department on or after July 1, 2014, whose primary responsibility is representing the department in child welfare cases shall receive training within the first 6 months of employment in:
Section 8. Paragraph (f) of subsection (1) and subsection (3) of section 409.988, Florida Statutes, are amended to read:
Section 7.  Paragraph (f) of subsection (1) and subsection (3) of section 409.988, Florida Statutes, is amended to read:
The agency shall give priority to the use of services that are evidence-based and trauma-informed and may also provide other innovative services, including, but not limited to, family centered and cognitive-behavioral interventions designed to mitigate out-of-home placements, and intensive family reunification services that combine child welfare and mental health services for families with dependent children under 6 years of age.
The agency shall give priority to the use of services that are evidence-based and trauma-informed and may also provide other innovative services, including, but not limited to, family centered and cognitive-behavioral interventions designed to mitigate out-of-home placements and intensive family reunification services that combine child welfare and mental health services for families with dependent children under 6 years of age.
Section 9. Section 943.17298, Florida Statutes, is created to read:
Section 8.  Section 943.17298, Florida Statutes, is created to read:
Section 10. Section 1004.615, Florida Statutes, is amended to read:
Section 9.  Section 1004.615, Florida Statutes, is amended to read:
591 The institute shall work with the department, sheriffs providing child protective investigative services, community-based care lead agencies, community-based care provider organizations, the court system, the Department of Juvenile Justice, the Florida Coalition Against Domestic Violence, and other partners who contribute to and participate in providing child protection and child welfare services.
608 The institute shall also provide consultation on the creation of the Office of Well-Being and Support within the Department of Children and Families pursuant to s.
402.40 The institute shall work with the department, sheriffs providing child protective investigative services, community-based care lead agencies, community-based care provider organizations, the court system, the Department of Juvenile Justice, the Florida Coalition Against Domestic Violence, and other partners who contribute to and participate in providing child protection and child welfare services.
Section 11. Section 402.402, Florida Statutes, is repealed.
Section 10.  Section 402.402, Florida Statutes, is repealed.
Section 12. Subsection (24) is added to section 409.996, Florida Statutes, to read:
Section 11.  Subsection (9) of section 409.996, Florida Statutes, is amended to read:
(24) The department, in collaboration with the lead agencies serving the judicial circuits selected in paragraph (a), may create and implement a program to more effectively provide case management services for dependent children under 6 years of age.
(9) The department shall develop, in cooperation with the lead agencies, a third-party credentialing entity approved pursuant to s.
(a) If the program is created, the department shall select up to three judicial circuits in which to develop and implement the program, with priority given to a circuit that has a high removal rate, significant case management turnover rate, and the highest number of children in out-of-home care or a significant increase in the number of children in out-of-home care over the last 3 fiscal years.
402.40(3), and the Florida Institute for Child Welfare established pursuant to s.
(b) If the program is created, it must do each of the following:
1004.615, a standardized competency-based curriculum for certification training for child protection staff.
1. Include caseloads for dependency case managers comprised solely of children who are under 6 years of age, except as provided in paragraph (c).
Section 12.  Paragraph (h) of subsection (1) of section 1009.25, Florida Statutes, is amended to read:
The maximum caseload for a case manager shall be no more than 15 children, if possible.
2. Include case managers who are trained specifically in:
a. Critical child development for children under 6 years of age;
b. Specific practices of child care for children under 6 years of age;
c. The scope of community resources available to children under 6 years of age;
and d. Working with a parent or caregiver and assisting him or her in developing the skills necessary to care for the health, safety, and well-being of a child under 6 years of age.
(c) If a child being served through the program has a dependent sibling, the sibling may be assigned to the same case manager as the child being served through the program;
however, each sibling counts toward the case manager’s maximum caseload as provided under paragraph (b).
(d) If the program is created, the department shall evaluate the permanency, safety, and well-being of children being served through the program and submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by October 1, 2025, detailing its findings.
Section 13. Paragraph (h) of subsection (1) of section 1009.25, Florida Statutes, is amended to read:
Section 14. This act shall take effect July 1, 2020.
Section 13. This act shall take effect July 1, 2020.
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Action History

  1. Laid on Table, refer to CS/HB 43

  2. Substituted CS/HB 43

  3. Read 2nd time

  4. Placed on Special Order Calendar, 03/05/20

  5. Placed on Calendar, on 2nd reading

  6. CS/CS by Appropriations read 1st time

  7. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  8. CS/CS by- Appropriations; YEAS 19 NAYS 0

  9. On Committee agenda-- Appropriations, 02/27/20, 9:00 am, 412 Knott Building

  10. Now in Appropriations

  11. Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Health and Human Services; YEAS 10 NAYS 0

  12. On Committee agenda-- Appropriations Subcommittee on Health and Human Services, 02/25/20, 1:00 pm, 412 Knott Building

  13. CS by Children, Families, and Elder Affairs read 1st time

  14. Now in Appropriations Subcommittee on Health and Human Services

  15. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  16. CS by Children, Families, and Elder Affairs; YEAS 6 NAYS 0

  17. On Committee agenda-- Children, Families, and Elder Affairs, 01/21/20, 12:00 pm, 301 Senate Building

  18. Introduced

  19. On Committee agenda-- Children, Families, and Elder Affairs, 12/10/19, 2:00 pm, 301 Senate Building --Temporarily Postponed

  20. Referred to Children, Families, and Elder Affairs; Appropriations Subcommittee on Health and Human Services; Appropriations

  21. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16001
Republican 2001
Democrat 1000
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Bean — Yea
Benacquisto — Yea
Book — Yea
Brandes — Yea
Braynon — Yea
Flores — Yea
Gainer — Yea
Gibson — Yea
Lee — Yea
Montford — Yea
Powell — Yea
Simmons — Yea
Stargel — Yea
Stewart — Yea
Thurston — Yea
Simpson — Yea
Hutson — Not Voting
Rouson, Darryl Ervin Democrat Yea
Bradley, Jennifer Republican Yea
Mayfield, Debbie Republican Not Voting
Passidomo, Kathleen Republican Yea

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Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does SB 122 do?
Child Welfare; Citing this act as “Jordan’s Law”; expanding the list of entities with access to certain records that relate to child abandonment, abuse, or neglect held by the Department of Children and Families; authorizing the parent or legal guardian of a child to request a second medical evaluation of a child under certain circumstances; revising the definition of the terms “guardian ad litem” and “guardian advocate”; requiring a lead agency to ensure that certain individuals receive specified training relating to head trauma and brain injuries in children younger than a specified age, etc.
Who sponsors SB 122?
SB 122 is sponsored by Rouson, Darryl Ervin (Democrat).
What is the current status of SB 122?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 122?
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