HB 43 — Child Welfare

hb0043-01-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 43 2020 Section 2.

Page(2) 3The Florida Court Educational Council shall establish standards for instruction of 15circuit CODING:and county court judges who have responsibility for dependency cases regarding the recognition of and responses to head trauma and brain injury in a child under 6 years of age.

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words underlined are additions.

hb0043-02-e1 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 , Engrossed 1 2020 (2) The Florida Court Educational Council shall establish standards for instruction of circuit and county court judges who have responsibility for dependency cases regarding the recognition of and responses to head trauma and brain injury in a child under 6 years of age.

39.0142 Notifying law enforcement officers of parent or caregiver names.—Beginningnames.—The March 1, 2021, the Department of Law Enforcement shall provide information to a law enforcement officersofficer stating whether a person is a parent or caregiver who is currently the subject of aPage child3 protective investigation for alleged child abuse, abandonment, or neglect or is a parent or caregiver of a13 childCODING: who has been allowed to return to or remain in the home under judicial supervision after an adjudication of dependency.

The Florida Department of Law Enforcement shall provide this data via a Florida Crime Information Center query into the department's child protection database.

(1) If a law enforcement officer has an interaction with a parent or caregiver as described in this section and the interaction results in the officer having concern about a child's health, safety, or well-being, the officer shall report relevant details of the interaction to the central abuse hotline immediately after the interaction even if the requirements of s.

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hb0043-02-e1hb0043-01-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 ,43 Engrossed2020 1a 2020child 39.201,protective relatinginvestigation tofor aalleged personchild havingabuse, actualabandonment, knowledgeor neglect or suspicionis a parent or caregiver of abuse,a abandonment,child who has been allowed to return to or neglect,remain arein notthe met.home under judicial supervision after an adjudication of dependency.

This information shall be provided via a Florida Crime Information Center query into the department's child protection database.

(1) If a law enforcement officer has an interaction with a parent or caregiver as described in this section and the interaction results in the officer having concern about a child's health, safety, or well-being, the officer shall report relevant details of the interaction to the central abuse hotline immediately after the interaction even if the requirements of s.

39.201, relating to a person having actual knowledge or suspicion of abuse, abandonment, or neglect, are not met.

Paragraph (h) of subsection (3) of section 39.303, Florida Statutes, is amended to read:

39.303 Child Protection Teams and sexual abuse treatment programs;

services;

eligible cases.— (3) The Department of Health shall use and convene the Child Protection Teams to supplement the assessment and protective supervision activities of the family safety and preservation program of the Department of Children and Families.

This section does not remove or reduce the duty and responsibility of any person to report pursuant to this chapter all suspected or actual cases of child abuse, abandonment, or neglect or sexual abuse of a child.

The role of the Child Protection Teams is to support activities of the program and to provide services deemed by the Child Protection Teams to be necessary and appropriate to abused, abandoned, and neglected children upon referral.

The specialized diagnostic assessment, Page 5 of 15 CODING:

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words underlined are additions.

hb0043-02-e1 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 , Engrossed 1 2020 evaluation, coordination, consultation, and other supportive services that a Child Protection Team must be capable of providing include, but are not limited to, the following:

(h) Such training services for program and other employees of the Department of Children and Families, employees of the Department of Health, and other medical professionals as is deemed appropriate to enable them to develop and maintain their professional skills and abilities in handling child abuse, abandonment, and neglect cases.

The training service must include training in the recognition of and appropriate responses to head trauma and brain injury in a child under 6 years of age as required by ss.

402.402(2) and 409.988.

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 5.

(1)Page "Guardian4 adof litem"13 asCODING: 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, Page 6 of 15 CODING:

hb0043-02-e1hb0043-01-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 ,43 Engrossed 1 2020 a(1) staff"Guardian member,ad alitem" staffas attorney,referred ato contractin attorney,any civil or acriminal certifiedproceeding proincludes bono attorney working on behalf of a guardian ad litem or the program;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;

Section 6.5.

The Justice Administrative Commission shall provide administrative support and service to the office toPage the5 extent requested by the executive director within the available resources of the13 commission.CODING:

The Statewide Guardian Ad Litem Office is shall not be subject to control, supervision, or direction by the Justice Administrative Commission in the Page 7 of 15 CODING:

hb0043-02-e1hb0043-01-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 ,43 Engrossed 1 2020 performanceto of its duties, but the employeesextent ofrequested the office are shall be governed by the classificationexecutive plandirector andwithin salarythe andavailable benefitsresources planof approved by the Justicecommission. Administrative Commission.

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 office shall develop a guardian ad litem training program, which shall include, but is 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.

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 Page 86 of 1513 CODING:

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The office shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and thePage Chief7 Justice of the13 SupremeCODING: Court an interim report describing the progress of the office in meeting the goals as described in this section.

The office shall submit to the Page 9 of 15 CODING:

hb0043-02-e1hb0043-01-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 ,43 Engrossed 1 2020 Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court aan proposedinterim planreport includingdescribing alternativesthe forprogress meetingof the state'soffice guardianin admeeting litemthe andgoals attorneyas addescribed litemin needs.this section.

The office shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court a proposed plan including alternatives for meeting the state's guardian ad litem and attorney ad litem needs.

Section 7.6.

Subsection (3) of section 402.40, Florida Statutes, is amended to read:

402.40 Child welfare training and certification.— (3) THIRD-PARTY CREDENTIALING ENTITIES.—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.

A third-party credentialing entity shall request such approval in writing from the department.

In order to obtain approval, the third-party credentialing entity must:

(a) Establish professional requirements and standards that applicants must achieve in order to obtain a child welfare certification and to maintain such certification.

(b) Develop and apply core competencies and examination instruments according to nationally recognized certification and Page 10 of 15 CODING:

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words underlined are additions.

hb0043-02-e1 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 , Engrossed 1 2020 psychometric standards.

(c) Maintain a professional code of ethics and a disciplinary process that apply to all persons holding child welfare certification.

(d) Maintain a database, accessible to the public, of all persons holding child welfare certification, including any history of ethical violations.

(e) Require annual continuing education for persons holding child welfare certification.

(f) Administer a continuing education provider program to ensure that only qualified providers offer continuing education opportunities for certificateholders.

(g) Review the findings and all relevant records involving the death of a child or other critical incident following completion of any reviews by the department, the inspector general, or the Office of the Attorney General.

Such review may occur only upon the filing of a complaint from an outside party involving certified personnel.

This review shall assess the certified personnel's compliance with the third-party credentialing entity's published code of ethical and professional conduct and disciplinary procedures.

(h)(g) Maintain an advisory committee, including representatives from each region of the department, each sheriff's office providing child protective services, and each community-based care lead agency, who shall be appointed by the Page 11 of 15 CODING:

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hb0043-02-e1 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 , Engrossed 1 2020 organization they represent.

The third-party credentialing entity may appoint additional members to the advisory committee.

Section 8.

(a) Training on the recognition of and responses to head trauma and brain injury in a child under 6 years of ageage. developed by the Child Protection Team Program within the Department of Health.

(b) Training that is either focused on serving a specific population, including, but not limited to, medically fragile children,Page sexually8 exploited children, children under 3 years of age,13 orCODING: families with a history of domestic violence, mental illness, or substance abuse, or focused on performing certain aspects of child protection practice, including, but not limited to, investigation techniques and analysis of family dynamics.

The specialized training may be used to fulfill continuing education requirements under s.

402.40(3)(e).

Individuals hired before July 1, 2014, shall complete the specialized training by Page 12 of 15 CODING:

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The specialized training may be used to fulfill continuing education requirements under s.

402.40(3)(e).

Individuals hired before July 1, 2014, shall complete the specialized training by June 30, 2016, and individuals hired on or after July 1, 2014, shall complete the specialized training within 2 years after hire.

(c) Safety assessment, safety decisionmaking tools, and safetyPage plans.;9 of 13 CODING:

(d) Developing information presented by investigators and case managers to support decisionmaking in the best interest of children.;

and (e) The experiences and techniques of case managers and investigators, including shadowing an experienced child protective investigator and an experienced case manager for at least 8 hours.

(f) The recognition of and responses to head trauma and Page 13 of 15 CODING:

hb0043-02-e1hb0043-01-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 ,43 Engrossed 1 2020 brainsafety injuryplans.; in a child under 6 years of age.

Section(d) 9.Developing information presented by investigators and case managers to support decisionmaking in the best interest of children.;

and (e) The experiences and techniques of case managers and investigators, including shadowing an experienced child protective investigator and an experienced case manager for at least 8 hours.

(f) The recognition of and responses to head trauma and brain injury in a child under 6 years of age.

Section 7.

Appropriate training shall include, but is not limited to, training on the recognition of and responses to head trauma and brain injury in a child under 6 years of ageage. developed by the Child Protection Team Program within the Department of Health.

The agency shall give priority to the use of services that are evidence-based and trauma-informed and may also provide other innovativePage services,10 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.13 CODING:

Section 10.

Section 943.17298, Florida Statutes, is created to read:

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hb0043-02-e1hb0043-01-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 ,43 Engrossed 1 2020 943.17298innovative Trainingservices, inincluding, thebut recognitionnot oflimited andto, responsesfamily- tocentered head trauma and braincognitive-behavioral injury.—Theinterventions commissiondesigned shallto establishmitigate standardsout-of-home forplacements theand instructionintensive offamily lawreunification enforcementservices officersthat incombine thechild subjectwelfare of recognition of and responsesmental tohealth headservices traumafor andfamilies brainwith injurydependent inchildren a child under 6 years of ageage. to aid an officer in the detection of head trauma and brain injury due to child abuse.

Section 8.

Subsection (24) is added to section 409.996, Florida Statutes, to read:

409.996 Duties of the Department of Children and Families.—The department shall contract for the delivery, administration, or management of care for children in the child protection and child welfare system.

In doing so, the department retains responsibility for the quality of contracted services and programs and shall ensure that services are delivered in accordance with applicable federal and state statutes and regulations.

(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.

(a) If the program is created, the department shall select up to three judicial circuits in which to develop and implement a program under this subsection, with priority given to a circuit that has a high removal rate, significant case Page 11 of 13 CODING:

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hb0043-01-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 43 2020 management turnover rate, and the highest numbers 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.

(b) If the program is created, it shall:

1.

Include caseloads for dependency case managers comprised solely of children who are under 6 years of age, except as provided in paragraph (c).

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.

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 Page 12 of 13 CODING:

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hb0043-01-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 43 2020 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 9.

Section 943.17298, Florida Statutes, is created to read:

943.17298 Training in the recognition of and responses to head trauma and brain injury.—The commission shall establish standards for the instruction of law enforcement officers in the subject of recognition of and responses to head trauma and brain injury in a child under 6 years of age to aid an officer in the detection of head trauma and brain injury due to child abuse.

943.135(1),943.135(1) before July 1, 2022.

Section 11.10.

Until all systems enhancements and integrations required to implement the provisions of s.

39.0142, Florida Statutes, are complete and in production, the Florida Department of Law Enforcement, in collaboration with the Department of Children and Families, shall submit quarterly status reports to the Office of Policy and Budget in the Executive Office of the Governor and the chair of each legislative appropriations committee.

Each report must detail progress made to date on each activity needed to implement the technology provisions of the bill.

Section 12.

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