HB 1105 — Child Welfare

Section 1.

Section 25.385, Florida Statutes, is amended to read:

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hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 25.385Be StandardsIt forEnacted instructionby ofthe circuitLegislature and county court judges in handling domestic violence cases.— (1) The Florida Court Educational Council shall establish standards for instruction of circuit and county court judges who have responsibility for domestic violence cases, and the councilState shallof provideFlorida: such instruction on a periodic and timely basis.

Section 1.

Section 25.385, Florida Statutes, is amended to read:

25.385 Standards for instruction of circuit and county court judges in handling domestic violence cases.— (1) The Florida Court Educational Council shall establish standards for instruction of circuit and county court judges who have responsibility for domestic violence cases, and the council shall provide such instruction on a periodic and timely basis.

SectionSubsection 39.01304,(1) and paragraph (a) of subsection (9) of section 39.301, Florida Statutes, isare createdamended to read:

39.01304Page Early3 childhood court programs.— (1) A circuit court may create an early childhood court program to serve the needs of infants45 andCODING: toddlers in dependency court.

If a circuit court creates an early childhood court Page 4 of 56 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 program,39.301 itInitiation mayof considerprotective allinvestigations.— (1)(a) Upon receiving a report of known or suspected child abuse, abandonment, or neglect, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care, the followingcentral factors:abuse hotline shall determine if the report requires an immediate onsite protective investigation.

(a) The court supporting the therapeutic needs of the parent and child in a nonadversarial manner.

(b) A multidisciplinary team made up of key community stakeholders to work with the court to restructure the way the community responds to the needs of abused or neglected children.

(c) A community coordinator to facilitate services and resources for families, serve as a liaison between a multidisciplinary team and the judiciary, and manage data collection for program evaluation and accountability.

The Office of the State Courts Administrator may coordinate with each participating circuit court to fill a community coordinator position for the circuit's early childhood court program.

(d) A continuum of mental health services that includes those that support the parent-child relationship and are appropriate for the children and family served.

(2) The Office of the State Courts Administrator shall contract with one or more university-based centers that have expertise in infant and toddler mental health to ensure the quality, accountability, and fidelity of a program's evidence- based treatment.

The Office of the State Courts Administrator may provide, or contract for the provision of, training and technical assistance related to program services, consultation and guidance for difficult cases, and ongoing training for court teams.

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hb1105-02-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 1105 2020 Section 3.

Subsection (1) of section 39.0138, Florida Statutes, is amended to read:

39.0138 Criminal history and other records checks;

limit on placement of a child.— (1) The department shall conduct a records check through the State Automated Child Welfare Information System (SACWIS) and a local and statewide criminal history records check on all persons, including parents, being considered by the department for placement of a child under this chapter, including all nonrelative placement decisions, and all members of the household, 12 years of age and older, of the person being considered.

For purposes of this section, a criminal history records check may include, but is not limited to, submission of fingerprints to the Department of Law Enforcement for processing and forwarding to the Federal Bureau of Investigation for state and national criminal history information, and local criminal records checks through local law enforcement agencies of all household members 18 years of age and older and other visitors to the home.

An out-of-state criminal history records check must be initiated for any person 18 years of age or older who resided in another state if that state allows the release of such records.

The department must complete the records check within 14 business days after receiving a person's criminal history results, unless additional information is required to complete the processing.

The department shall establish by rule standards Page 6 of 56 CODING:

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hb1105-02-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 1105 2020 for evaluating any information contained in the automated system relating to a person who must be screened for purposes of making a placement decision.

Section 4.

Subsection (1) and paragraph (a) of subsection (9) of section 39.301, Florida Statutes, are amended to read:

39.301 Initiation of protective investigations.— (1)(a) Upon receiving a report of known or suspected child abuse, abandonment, or neglect, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care, the central abuse hotline shall determine if the report requires an immediate onsite protective investigation.

Page(b) 7The department shall promptly notify the court of 56any CODING:report to the central abuse hotline that is accepted for a protective investigation and involves a child over whom the court has jurisdiction.

(9)(a) For each report received from the central abuse Page 4 of 45 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 (b)hotline Theand departmentaccepted shallfor promptlyinvestigation, notify the courtdepartment ofor any report to the centralsheriff abuseproviding hotlinechild that is accepted for a protective investigationinvestigative andservices involvesunder as. child over whom the court has jurisdiction.

(9)(a) For each report received from the central abuse hotline and accepted for investigation, the department or the sheriff providing child protective investigative services under s.

and the parents, legal custodians, or Pagecaregivers. 8 of 56 CODING:

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hb1105-02-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 1105 2020 caregivers.

any siblings or other childrenPage in5 the same household or in the care of the45 sameCODING: adults;

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hb1105-01-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 1105 2020 children in the same household or in the care of the same adults;

This information shall be used solely Pagefor 9purposes supporting the detection, apprehension, prosecution, pretrial release, posttrial release, or rehabilitation of 56criminal CODING:offenders or persons accused of the crimes of child abuse, abandonment, or neglect and may not be further disseminated or used for any other purpose.

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hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 for6. purposes supporting the detection, apprehension, prosecution, pretrial release, posttrial release, or rehabilitation of criminal offenders or persons accused of the crimes of child abuse, abandonment, or neglect and may not be further disseminated or used for any other purpose.

6.

A safety plan may include tasks or responsibilities for a parent, caregiver, or Pagelegal 10custodian. of 56 CODING:

However, a safety plan may not rely on promissory commitments by the parent, caregiver, or legal custodian who is currently not able to protect the child or on services that are not available or will not result in the safety of the child.

A safety plan may not be implemented if for any Page 7 of 45 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 reason the parents, guardian, or legal custodian.custodian lacks the capacity or ability to comply with the plan.

However, a safety plan may not rely on promissory commitments by the parent, caregiver, or legal custodian who is currently not able to protect the child or on services that are not available or will not result in the safety of the child.

A safety plan may not be implemented if for any reason the parents, guardian, or legal custodian lacks the capacity or ability to comply with the plan.

The safety plan for the parent who is a victim of Pagedomestic 11violence ofmay 56not CODING:be shared with the perpetrator.

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hb1105-02-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 1105 2020 domestic violence may not be shared with the perpetrator.

The child protective investigator shall collaborate withPage the8 community-based care lead agency in the development of the45 safetyCODING: plan as necessary to ensure that the safety plan is specific, sufficient, feasible, and sustainable.

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hb1105-01-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 1105 2020 with the community-based care lead agency in the development of the safety plan as necessary to ensure that the safety plan is specific, sufficient, feasible, and sustainable.

(IV) The parent or legal custodian or an adult currently living in or frequently visiting the home has been the subject Pageof 12multiple allegations by reputable reports of 56abuse CODING:or neglect;

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hb1105-02-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 1105 2020 of multiple allegations by reputable reports of abuse or neglect;

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Section 5.3.

(1)(a) At any time before a child is residing in the permanent placement approved at the permanency hearing, a child who has been placed in the child's own home under the protective supervision of an authorized agent of the department, in the home of a relative, in the home of a legal custodian, or in some other place may be brought before the court by the department or by any other interested person, upon the filing of a motion Page 1310 of 5645 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 who has been placed in the child's own home under the protective supervision of an authorized agent of the department, in the home of a relative, in the home of a legal custodian, or in some other place may be brought before the court by the department or by any other interested person, upon the filing of a motion alleging a need for a change in the conditions of protective supervision or the placement.

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hb1105-02-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 1105 2020 4.

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(4) In cases in which the issue before the court is whether to place a child in out-of-home care after the child was placed in the child's own home with an in-home safety plan or the child was reunified with a parent or caregiver with an in- home safety plan, the court must consider,consider the factors in paragraph (1)(a) and, at a minimum, the following additional factors in making its determination whether to place the child in out-of-home care:

(a) The circumstances that caused the child's dependency Pageand 15other ofsubsequently 56identified CODING:issues.

(b) The length of time the child has been placed in the home with an in-home safety plan.

(c) The parent's or caregiver's current level of Page 12 of 45 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 andprotective othercapacities. subsequently identified issues.

(b) The length of time the child has been placed in the home with an in-home safety plan.

(c) The parent's or caregiver's current level of protective capacities.

Section 6.4.

SubsectionsSubsection (5) and (9) of section 39.6011, Florida Statutes, areis amended to read:

(b) The responsibility of the parents and caregivers to work together whento itsuccessfully isimplement safethe case plan, how the case manager will assist the parents and caregivers in developing a productive relationship that includes meaningful communication and mutual support, and the ability of the parents or caregivers to donotify so,the whichcourt includes:or the case manager if ineffective communication takes place that negatively impacts Page 13 of 45 CODING:

1.

How the parents and caregivers will work together to Page 16 of 56 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 successfully implement the casechild. plan.

2.

How the case manager will assist the parents and caregivers in developing a productive relationship that includes meaningful communication and mutual support.

3.

How the parents and caregivers may notify the court or the case manager if ineffective communication takes place that negatively impacts the child.

(d)(c) The minimum number of face-to-face meetings to be held each month between the parents and the case managers department's family services counselors to review the progress of the planplan, and the services provided to the child, to eliminate barriers to progress, and to resolve conflicts or disagreements between parents and caregivers, service providers, or any other professionalsprofessional assisting the parents in the completion of the case plan.;

The determination of child support and other Pagefinancial 17support shall be made independently of 56any CODING:determination of indigency under s.

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hb1105-02-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 1105 2020 financial support shall be made independently of any determination of indigency under s.

(9)Section The5. case plan must describe a process for making available to all physical custodians and case managers family services counselors the information required by s.

39.6012(2) and for ensuring that this information follows the child until permanency has been achieved.

Section 7.

39.701 Judicial review.— (1) GENERAL PROVISIONS.— (b)1.Page 14 of 45 CODING:

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hb1105-01-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 1105 2020 (b)1.

Page(2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 ofYEARS 56OF CODING:AGE.— (a) Social study report for judicial review.—Before every judicial review hearing or citizen review panel hearing, the social service agency shall make an investigation and social study concerning all pertinent details relating to the child and shall furnish to the court or citizen review panel a written report that includes, but is not limited to:

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hb1105-02-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 1105 2020 (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF AGE.— (a) Social study report for judicial review.—Before every judicial review hearing or citizen review panel hearing, the social service agency shall make an investigation and social study concerning all pertinent details relating to the child and shall furnish to the court or citizen review panel a written report that includes, but is not limited to:

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hb1105-01-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 1105 2020 2.

Pageor 19c. of 56 CODING:

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hb1105-02-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 1105 2020 or c.

A statement concerning the frequency, duration, and results of the parent-child visitation, if any, and the agency andPage caregiver16 recommendations for an expansion or restriction of future45 visitation.CODING:

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hb1105-01-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 1105 2020 and caregiver recommendations for an expansion or restriction of future visitation.

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hb1105-02-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 1105 2020 11.

testimony by the social services agency, the parent, the foster parent or caregiver legal custodian, the guardianPage ad17 litemof or45 surrogateCODING: parent for educational decisionmaking if one has been appointed for the child, and any other person deemed appropriate;

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hb1105-01-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 1105 2020 guardian ad litem or surrogate parent for educational decisionmaking if one has been appointed for the child, and any other person deemed appropriate;

If the parent was advised of the right to receive assistance from any person or social service agency in the Pagepreparation 21 of 56the CODING:case plan.

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hb1105-02-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 1105 2020 preparation of the case plan.

If appropriate, the court may refer the child to the district school superintendent for appointment of a surrogate parentPage or18 mayof itself45 appointCODING: a surrogate parent under the Individuals with Disabilities Education Act and s.

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hb1105-01-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 1105 2020 parent or may itself appoint a surrogate parent under the Individuals with Disabilities Education Act and s.

The frequency, kind, and duration of contacts among siblings who have been separated during placement, as well as any efforts undertaken to reunite separated siblings if doing so Pageis 22in the best interests interest of 56the CODING:child.

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hb1105-02-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 1105 2020 is in the best interests interest of the child.

39.6012, including, but not limited to, the appropriateness of the child's current placement, including whether the child is in a setting that is as family-like and as close to the parent's home as possible, consistent with the child's best interests and special needs, and including maintaining stability in the child's educational placement, as documentedPage by19 assurancesof from45 theCODING: community-based care lead agency provider that:

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hb1105-01-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 1105 2020 documented by assurances from the community-based care lead agency provider that:

When appropriate, the basis for the unwillingness or Pageinability 23 of 56the CODING:parent to become a party to a case plan.

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hb1105-02-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 1105 2020 inability of the parent to become a party to a case plan.

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If the parents and caregivers have developed a productive relationship that includes meaningful communication and mutual support.

Section 8.

Subsection (3) of section 63.092, Florida Statutes, is amended to read:

63.092 Report to the court of intended placement by an adoption entity;

at-risk placement;

preliminary study.— (3) PRELIMINARY HOME STUDY.—Before placing the minor in the intended adoptive home, a preliminary home study must be performed by a licensed child-placing agency, a child-caring agency registered under s.

409.176, a licensed professional, or an agency described in s.

61.20(2), unless the adoptee is an adult or the petitioner is a stepparent or a relative.

If the Page 24 of 56 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 adoptee14. is an adult or the petitioner is a stepparent or a relative, a preliminary home study may be required by the court for good cause shown.

TheIf department is required to perform the preliminaryparents homeand studycaregivers onlyhave ifdeveloped therea isproductive norelationship licensedthat child-includes placingmeaningful agency,communication child-caringand agencymutual registeredsupport. under s.

409.176,Section licensed6. professional, or agency described in s.

61.20(2), in the county where the prospective adoptive parents reside.

The preliminary home study must be made to determine the suitability of the intended adoptive parents and may be completed before prior to identification of a prospective adoptive minor.

If the identified prospective adoptive minor is in the custody of the department, a preliminary home study must be completed within 30 days after it is initiated.

A favorable preliminary home study is valid for 1 year after the date of its completion.

Upon its completion, a signed copy of the home study must be provided to the intended adoptive parents who were the subject of the home study.

A minor may not be placed in an intended adoptive home before a favorable preliminary home study is completed unless the adoptive home is also a licensed foster home under s.

409.175.

The preliminary home study must include, at a minimum:

(a) An interview with the intended adoptive parents.;

(b) Records checks of the department's central abuse registry, which the department shall provide to the entity conducting the preliminary home study, and criminal records correspondence checks under s.

39.0138 through the Department of Page 25 of 56 CODING:

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hb1105-02-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 1105 2020 Law Enforcement on the intended adoptive parents.;

(c) An assessment of the physical environment of the home.;

(d) A determination of the financial security of the intended adoptive parents.;

(e) Documentation of counseling and education of the intended adoptive parents on adoptive parenting, as determined by the entity conducting the preliminary home study.

The training specified in s.

409.175(14) shall only be required for persons who adopt children from the department.;

(f) Documentation that information on adoption and the adoption process has been provided to the intended adoptive parents.;

(g) Documentation that information on support services available in the community has been provided to the intended adoptive parents.;

and (h) A copy of each signed acknowledgment of receipt of disclosure required by s.

63.085.

If the preliminary home study is favorable, a minor may be placed in the home pending entry of the judgment of adoption.

A minor may not be placed in the home if the preliminary home study is unfavorable.

If the preliminary home study is unfavorable, the adoption entity may, within 20 days after receipt of a copy of the written recommendation, petition the Page 26 of 56 CODING:

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hb1105-02-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 1105 2020 court to determine the suitability of the intended adoptive home.

A determination as to suitability under this subsection does not act as a presumption of suitability at the final hearing.

In determining the suitability of the intended adoptive home, the court must consider the totality of the circumstances in the home.

A minor may not be placed in a home in which there resides any person determined by the court to be a sexual predator as defined in s.

775.21 or to have been convicted of an offense listed in s.

63.089(4)(b)2.

Section 9.

Section 63.093, Florida Statutes, is created to read:

63.093 Adoption of children from the child welfare system.— (1) The department or community-based care lead agency as defined in s.

409.986(3), or its subcontracted agency, must respond to an initial inquiry from a prospective adoptive parent within 7 business days after receipt of the inquiry.

The response must inform the prospective adoptive parent of the adoption process and the requirements for adopting a child from the child welfare system.

(2) The department or community-based care lead agency, or its subcontracted agency, must refer a prospective adoptive parent who is interested in adopting a child in the custody of the department to a department-approved adoptive parent training program.

A prospective adoptive parent must successfully Page 27 of 56 CODING:

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hb1105-02-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 1105 2020 complete the training program, unless the prospective adoptive parent is a licensed foster parent or a relative or nonrelative caregiver who has:

(a) Attended the training program within the last 5 years;

or (b) Had the child who is available for adoption placed in their home for 6 months or longer and has been determined to understand the challenges and parenting skills needed to successfully parent the child who is available for adoption.

(3) A prospective adoptive parent must complete an adoption application created by the department.

(4) Before a child is placed in an adoptive home, the community-based care lead agency or its subcontracted agency must complete an adoptive home study of a prospective adoptive parent that includes observation, screening, and evaluation of the child and the prospective adoptive parent.

An adoptive home study is valid for 12 months after the date on which the study was approved.

In addition, the community-based care lead agency or its subcontracted agency must complete a preparation process, as established by department rule, with the prospective adoptive parent.

(5) At the conclusion of the adoptive home study and preparation process, a decision shall be made about the prospective adoptive parent's appropriateness to adopt.

This decision shall be reflected in the final recommendation included Page 28 of 56 CODING:

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hb1105-02-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 1105 2020 in the adoptive home study.

If the recommendation is for approval, the adoptive parent application file must be submitted to the community-based care lead agency or its subcontracted agency for approval.

The community-based care lead agency or its subcontracted agency must approve or deny the home study within 14 business days after receipt of the recommendation.

Notwithstanding subsections (1) and (2), this section does not apply to a child adopted through the process provided in s.

63.082(6).

Section 10.

409.1415 Parenting partnerships for children in out-of- home care.— (1) LEGISLATIVE FINDINGS AND INTENT.— (a) The Legislature finds that reunification is the most common outcome for children in out-of-home care and that caregiversfoster parents are one of the most important resources to help children reunify with their families.

(b) The Legislature further finds that the most successful caregiversfoster parents understand that their role goes beyond supporting the children in their care to supporting the children's families, as a whole, and that children and their families benefit when caregiversfoster and birth or legal parents are supported by an agency Pageculture 29that ofencourages 56a CODING:meaningful partnership between them and provides quality support.

(c) Therefore, in keeping with national trends, it is the intent of the Legislature to bring birth parents and foster parents together in order to build strong relationships that lead to more successful reunifications and more stability for children being fostered in out-of-home care.

(2) PARENTING PARTNERSHIPS.— Page 21 of 45 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 culture(a) General provisions.—In order to ensure that encourageschildren ain meaningfulout-of-home partnershipcare achieve legal permanency as soon as possible, to reduce the likelihood that they will reenter care or that other children in the family are abused or neglected or enter out-of-home care, and to ensure that families are fully prepared to resume custody of their children, the department and community-based care lead agencies shall develop and support relationships between themfoster families and providesthe qualitylegal support.parents of children in out-of-home care, to the extent that it is safe and in the child's best interest, by:

(c) Therefore, in keeping with national trends, it is the intent of the Legislature to bring caregivers and birth or legal parents together in order to build strong relationships that lead to more successful reunifications and more stability for children being fostered in out-of-home care.

(2) PARENTING PARTNERSHIPS.— (a) In order to ensure that children in out-of-home care achieve legal permanency as soon as possible, to reduce the likelihood that they will reenter care or that other children in the family are abused or neglected or enter out-of-home care, and to ensure that families are fully prepared to resume custody of their children, the department and community-based care lead agencies shall develop and support relationships between caregivers and birth or legal parents of children in out-of-home care, to the extent that it is safe and in the child's best interest, by:

Facilitating telephone communication between the caregiverfoster parent and the birth or legal parent as soon as possible after the child is placed in the homehome. of the caregiver.

Facilitating and attending an in-person meeting between the caregiverfoster parent and the birth or legal parent aswithin soon2 asweeks possible after theplacement. child is placed in the home of the caregiver.

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WordsDeveloping strickenand aresupporting deletions;a plan for birth or legal parents to participate in medical appointments, educational and extracurricular activities, and other events involving the child.

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Developing and supporting a plan for the birth or legal parent to participate in medical appointments, educational and extracurricular activities, and other events involving the child.

Facilitating participation by the caregiverfoster parent in visitation between the birth or legal parent and the child.

Involving the caregiverfoster parent in planning meetings with the birth or legal parent.

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hb1105-01-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 1105 2020 6.

Supporting continued contact between the caregiverfoster family and the child after the child returns home or moves to another permanent living arrangement.

(b)8. To ensure that a child in out-of-home care receives support for healthy development which gives the child the best possible opportunity for success, caregivers, birth or legal parents, the department, and the community-based care lead agency shall work cooperatively in a respectful partnership by adhering to the following requirements:

Supporting continued connection with the birth parent after adoption.

(b) Responsibilities.—To ensure that a child in out-of- home care receives support for healthy development which gives him or her the best possible opportunity for success, foster parents, birth parents, the department, community-based care lead agency staff, and other agency staff, as applicable, shall work cooperatively in a respectful partnership by adhering to the following requirements:

All members of the partnership must interact and communicate professionally with one another, must share all relevant information promptly, and must respect the confidentiality of all information related to thea child and his or her family.

Page2. 31 of 56 CODING:

Caregivers, the family, the department, community-based care lead agency staff, and other agency staff must participate in developing a case plan for the child and family, and all members of the team must work together to implement the plan.

Caregivers must participate in all team meetings or court Page 23 of 45 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 2.hearings related to the child's care and future plans.

The caregiver,department, thecommunity-based birthcare orlead legalagency parent,staff, theand child,other ifagency appropriate,staff themust department,support and thefacilitate community-basedcaregiver careparticipation leadthrough agencytimely mustnotification participateof insuch developingmeetings aand casehearings planand foran theinclusive childprocess, and theby birthproviding oralternative legalmethods parent.for participation for caregivers who cannot be physically present at a meeting or hearing.

All members of the team must work together to implement the case plan.

The caregiver must have the opportunity to participate in all team meetings or court hearings related to the child's care and future plans.

The department and community-based care lead agency must support and facilitate caregiver participation through timely notification of such meetings and hearings and provide alternative methods for participation for a caregiver who cannot be physically present at a meeting or hearing.

AExcellent caregiverparenting mustis strivea toreasonable provide,expectation andof thecaregivers. department and community-based care lead agency must support, excellent parenting, which includes:

a.Caregivers must provide, and the department, community-based care lead agency staff, and other agency staff must support, excellent parenting.

A"Excellent parenting" means a loving commitment to the child and the child's safety and well-being.well- being;

b.appropriate supervision and positive methods of discipline;

Appropriateencouragement supervisionof andthe positivechild's methodsstrengths; of discipline.

c.respect for the child's individuality and likes and dislikes;

Encouragementproviding ofopportunities to develop the child's strengths.interests and skills;

d.being aware of the impact of trauma on behavior;

Respectfacilitating forequal theparticipation child'sof individualitythe andchild likesin andfamily dislikes.life;

e.involving the child within his or her community;

Providingand opportunitiesa commitment to developenable the child'schild intereststo andlead skills.a normal life.

f.4.

BeingChildren awarein ofout-of-home care may be placed only with a caregiver who has the impactability to care for the child, is willing to accept responsibility for providing care, and is willing and able to learn about and be respectful of traumathe onchild's behavior.culture, religion, and ethnicity;

special physical or psychological Page 3224 of 5645 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 g.needs;

Facilitatingany equalcircumstances participationunique ofto the childchild; in family life.

h.

Involving the child within his or her community.

i.

A commitment to enable the child to lead a normal life.

4.

A child in out-of-home care must be placed with a caregiver who has the ability to care for the child, is willing to accept responsibility for providing care, and is willing and able to learn about and be respectful of the child's culture, religion, and ethnicity;

special physical or psychological needs;

circumstances unique to the child;

The departmentdepartment, and community-based care lead agency staff, and other agency staff must provide acaregivers caregiver with the services and support they need to enable them to provide quality care for the child.

Page7. 33 of 56 CODING:

Once a family accepts the responsibility of caring for a child, the child may be removed from that family only if the family is clearly unable to care for him or her safely or legally, when the child and his or her biological family are reunified, when the child is being placed in a legally permanent home in accordance with a case plan or court order, or when the removal is demonstrably in the best interests of the child.

Page 25 of 45 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 7.8.

Once a caregiver accepts the responsibility of caring for a child, the child may be removed from the home of the caregiver only if:

a.

The caregiver is clearly unable to safely or legally care for the child;

b.

The child and the birth or legal parent are reunified;

c.

The child is being placed in a legally permanent home in accordance with a case plan or court order;

or d.

The removal is demonstrably in the best interests of the child.

8.

When the case plan for a child includes reunification, thecaregivers caregiver, the department, and the community-based care lead agency staff must work together to assist the birthbiological orparents legal parent in improving histheir or her ability to care for and protect thetheir childchildren and to provide continuity for the child.

Page10. 34 of 56 CODING:

A caregiver must respect and support the child's ties to his or her biological family including parents, siblings, and extended family members and must assist the child in visitation and other forms of communication.

The department, community- based care lead agency staff, and other agency staff must provide caregivers with the information, guidance, training, and support necessary for fulfilling this responsibility.

11.

A caregiver must work in partnership with the department, community-based care lead agency staff, and other agency staff to obtain and maintain records that are important to the child's well-being including, but not limited to, child Page 26 of 45 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 10.resource records, medical records, school records, photographs, and records of special events and achievements.

A caregiver must respect and support the child's ties to his or her birth or legal family, including parents, siblings, and extended family members, and must assist the child in maintaining allowable visitation and other forms of communication.

The department and community-based care lead agency must provide a caregiver with the information, guidance, training, and support necessary for fulfilling this responsibility.

11.

A caregiver must work in partnership with the department and community-based care lead agency to obtain and maintain records that are important to the child's well-being including, but not limited to, child resource records, medical records, school records, photographs, and records of special events and achievements.

A caregiver must effectively advocate for a child in his or her care with the child welfare system, the court, and community agencies, including schools, child care providers, health and mental health providers, and employers.

The departmentdepartment, and community-based care lead agency staff, and other agency staff must support a caregiver in effectively advocating for a child and may not retaliate against the caregiver as a result of this advocacy.

TheAgency departmentstaff and community- based care lead agency must support and facilitate such Pageparticipation. 35 of 56 CODING:

WordsCaregivers, strickenthe aredepartment, deletions;community-based care lead agency staff, and other agency staff must share information with each other about the child's health and well-being.

words underlined are additions.

hb1105-02-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 1105 2020 participation.

The caregiver, the department, and the community- based care lead agency must share information with each other about the child's health and well-being.

A caregiver must support a child's school success, including, when possible, maintaining school stability by participating in school activities and meetings.meetings, including individual education plan meetings;

Theassisting departmentwith andschool community-basedassignments; care lead agency must facilitate this participation and be informed of the child's progress and needs.

15.supporting tutoring programs;

Ameeting caregiverwith mustteachers ensure that a child in his or her care who is between 13 and 17working yearswith ofan ageeducational learnssurrogate, andif mastersone independenthas livingbeen skills.appointed;

16.and encouraging the child's participation in extracurricular activities.

TheAgency casestaff manager and case manager supervisor must mediatefacilitate disagreementsthis thatPage occur27 betweenof a45 caregiverCODING: and the birth or legal parent.

(c) An employee of a residential group home must meet the background screening requirements under s.

39.0138 and the level 2 screening standards for screening under chapter 435.

An employee of a residential group home who works directly with a child as a caregiver must meet, at a minimum, the same education, training, background, and other screening requirements as caregivers in family foster homes licensed as level II under s.

409.175(5).

(3) RULEMAKING.—The department shall adopt rules necessary to administer this section.

Section 11.

Section 409.145, Florida Statutes, is amended Page 36 of 56 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 toparticipation read:and must be kept informed of the child's progress and needs.

15.

Caseworkers and caseworker supervisors must mediate disagreements that occur between foster parents and birth parents.

(c) Residential group homes.—All caregivers employed by residential group homes must meet the same education, training, and background and other screening requirements as foster parents and must adhere to the requirements in paragraph (b).

(3) RULEMAKING.—The department shall adopt by rule procedures to administer this section.

Section 7.

Section 409.145, Florida Statutes, is amended to read:

This system of care must be directed toward the followingPage goals:28 of 45 CODING:

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words underlined are additions.

hb1105-01-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 1105 2020 following goals:

(e) Focus on the well-being of children through emphasis on maintaining educational stability and providing timely health Pagecare. 37 of 56 CODING:

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words underlined are additions.

hb1105-02-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 1105 2020 care.

(2) QUALITY PARENTING.—A child in foster care shall be placed only with a caregiver who has the ability to care for the child, is willing to accept responsibility for providing care, and is willing and able to learn about and be respectful of the child's culture, religion and ethnicity, special physical or psychological needs, any circumstances unique to the child, and familyPage relationships.29 of 45 CODING:

Words stricken are deletions;

words underlined are additions.

hb1105-01-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 1105 2020 family relationships.

Page2. 38 of 56 CODING:

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words underlined are additions.

hb1105-02-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 1105 2020 2.

5.Page 30 of 45 CODING:

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words underlined are additions.

hb1105-01-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 1105 2020 5.

Maintaining educational stability for a child while in out-of-home care by allowing the child to remain in the school Pageor 39educational setting that he or she attended before entry into out-of-home care is the first priority, unless not in the best interest of 56the CODING:child.

Words stricken are deletions;

words underlined are additions.

hb1105-02-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 1105 2020 or educational setting that he or she attended before entry into out-of-home care is the first priority, unless not in the best interest of the child.

7.Page 31 of 45 CODING:

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words underlined are additions.

hb1105-01-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 1105 2020 7.

Work to enable the child in the caregiver's care to Pageestablish 40and ofmaintain 56naturally CODING:occurring mentoring relationships.

Words stricken are deletions;

words underlined are additions.

hb1105-02-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 1105 2020 establish and maintain naturally occurring mentoring relationships.

The caregiver's participation shall be facilitated through timely notification, an inclusive process, and alternative methods for participation for a caregiver who cannot bePage physically32 present.of 45 CODING:

Words stricken are deletions;

words underlined are additions.

hb1105-01-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 1105 2020 be physically present.

Show no prejudice against a caregiver who desires to educate at home a child placed in his or her home through the Pagechild 41welfare ofsystem. 56 CODING:

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words underlined are additions.

hb1105-02-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 1105 2020 child welfare system.

2.Page 33 of 45 CODING:

In the absence of an emergency, if a child leaves the caregiver's home for a reason provided under subparagraph 1., the transition must be accomplished according to a plan that involves cooperation and sharing of information among all persons involved, respects the child's developmental stage and psychological needs, ensures the child has all of his or her belongings, allows for a gradual transition from the caregiver's home and, if possible, for continued contact with the caregiver after the child leaves.

(d) Information sharing.—Whenever a foster home or residential group home assumes responsibility for the care of a child, the department and any additional providers shall make Page 42 of 56 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 available2. to the caregiver as soon as is practicable all relevant information concerning the child.

In the absence of an emergency, if a child leaves the caregiver's home for a reason provided under subparagraph 1., the transition must be accomplished according to a plan that involves cooperation and sharing of information among all persons involved, respects the child's developmental stage and psychological needs, ensures the child has all of his or her belongings, allows for a gradual transition from the caregiver's home and, if possible, for continued contact with the caregiver after the child leaves.

(d) Information sharing.—Whenever a foster home or residential group home assumes responsibility for the care of a child, the department and any additional providers shall make available to the caregiver as soon as is practicable all relevant information concerning the child.

6.Page 34 of 45 CODING:

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words underlined are additions.

hb1105-01-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 1105 2020 6.

Page(2)(3) 43REASONABLE ofAND 56PRUDENT CODING:PARENT STANDARD.— (a) Definitions.—As used in this subsection, the term:

Words stricken are deletions;

words underlined are additions.

hb1105-02-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 1105 2020 (2)(3) REASONABLE AND PRUDENT PARENT STANDARD.— (a) Definitions.—As used in this subsection, the term:

"Reasonable and prudent parent" standard means the standard of care used by a caregiver in determining whether to allow a child in his or her care to participate in extracurricular,Page enrichment,35 andof social45 activities.CODING:

Words stricken are deletions;

words underlined are additions.

hb1105-01-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 1105 2020 extracurricular, enrichment, and social activities.

Each caregiver shall use the reasonable and prudent parent standard in determining whether to give permission for a child living in out-of-home care to participate in Pageextracurricular, 44enrichment, ofor 56social CODING:activities.

Words stricken are deletions;

words underlined are additions.

hb1105-02-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 1105 2020 extracurricular, enrichment, or social activities.

f.Page 36 of 45 CODING:

The behavioral history of the child and the child's ability to safely participate in the proposed activity.

(c) Verification of services delivered.—The department and each community-based care lead agency shall verify that private agencies providing out-of-home care services to dependent children have policies in place which are consistent with this section and that these agencies promote and protect the ability of dependent children to participate in age-appropriate extracurricular, enrichment, and social activities.

(d) Limitation of liability.—A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver, provided that the caregiver has acted in Page 45 of 56 CODING:

hb1105-02-c2hb1105-01-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/CS/HBCS/HB 1105 2020 accordancef. with the reasonable and prudent parent standard.

The behavioral history of the child and the child's ability to safely participate in the proposed activity.

(c) Verification of services delivered.—The department and each community-based care lead agency shall verify that private agencies providing out-of-home care services to dependent children have policies in place which are consistent with this section and that these agencies promote and protect the ability of dependent children to participate in age-appropriate extracurricular, enrichment, and social activities.

(d) Limitation of liability.—A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver, provided that the caregiver has acted in accordance with the reasonable and prudent parent standard.

Monthly Foster Care Rate 0-5 Years 6-12 Years 13-21 Years Age Age Age $457.95 $469.68 $549.74 (b)Page Each37 January, foster parents shall receive an annual cost of living45 increase.CODING:

Words stricken are deletions;

words underlined are additions.

hb1105-01-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 1105 2020 (b) Each January, foster parents shall receive an annual cost of living increase.

409.175(5)(a) shall Pagereceive 46a ofroom 56and CODING:board rate of $333.

Words stricken are deletions;

words underlined are additions.

hb1105-02-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 1105 2020 receive a room and board rate of $333.

(g) From July 1, 2018, through June 30, 2019, community- based care lead agencies providing care under contract with the departmentPage shall38 pay a supplemental room and board payment to foster care parents of all45 familyCODING: foster homes, on a per-child basis, for providing independent life skills and normalcy supports to children who are 13 through 17 years of age placed in their care.

Words stricken are deletions;

words underlined are additions.

hb1105-01-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 1105 2020 department shall pay a supplemental room and board payment to foster care parents of all family foster homes, on a per-child basis, for providing independent life skills and normalcy supports to children who are 13 through 17 years of age placed in their care.

Page(4)(5) 47RULEMAKING.—The ofdepartment 56shall CODING:adopt by rule procedures to administer this section.

WordsSection stricken8. are deletions;

words underlined are additions.

hb1105-02-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 1105 2020 (4)(5) RULEMAKING.—The department shall adopt by rule procedures to administer this section.

Section 12.

Paragraphs (d) through (k) of subsection (6) of section 409.175, Florida Statutes, are redesignated as paragraphs (e) through (l), respectively, paragraph (b) and present paragraphs (h) and (i) of that subsection are amended, and a new paragraph (d) is added to that subsection, to read:

409.175 Licensure of family foster homes, residential child-caring agencies, and child-placing agencies;

public records exemption.— (6) (b) The department shall prescribe by rule the various roles of entities involved in the application process.

Upon application for licensure, the department shall conduct a licensing study based on its licensing rules;

shall inspect the home or the agency and the records, including financial records, of the applicant or agency;

and shall interview the applicant.

The department may authorize a licensed child-placing agency to conduct the licensing study of a family foster home to be used exclusively by that agency and to verify to the department that the home meets the licensing requirements established by the department.

The department or authorized licensed child-placing agency must complete the licensing study of a family foster home within 30 days after initiation of the study.

The department shall post on its website a list of the agencies authorized to Page 48 of 56 CODING:

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hb1105-02-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 1105 2020 conduct such studies.

Upon certification by a licensed child- placing agency that a family foster home meets the licensing requirements and upon receipt of a letter from a community-based care lead agency in the service area where the home will be licensed which indicates that the family foster home meets the criteria established by the lead agency, the department shall issue the license.

A letter from the lead agency is not required if the lead agency where the proposed home is located is directly supervising foster homes in the same service area.

(d) The department shall approve or deny an application for licensure within 10 business days after receipt of a completed family foster home application and other required documentation as prescribed by rule.

The department shall approve or deny an application for licensure no later than 100 calendar days after the orientation required under subsection (14).

The department may exceed 100 calendar days to approve or deny an application for licensure if additional certifications are required under paragraph (5)(a).

(i)(h) Upon determination that the applicant meets the state minimum licensing requirements and has obtained a letter from a community-based care lead agency which indicates that the family foster home meets the criteria established by the lead agency, the department shall issue a license without charge to a specific person or agency at a specific location.

A license may be issued if all the screening materials have been timely Page 49 of 56 CODING:

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hb1105-02-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 1105 2020 submitted;

however, a license may not be issued or renewed if any person at the home or agency has failed the required screening.

The license is nontransferable.

A copy of the license shall be displayed in a conspicuous place.

Except as provided in paragraph (k) (j), the license is valid for 1 year from the date of issuance, unless the license is suspended or revoked by the department or is voluntarily surrendered by the licensee.

The license is the property of the department.

(j)(i) The issuance of a license to operate a family foster home or agency does not require a lead agency to place a child with the home or agency.

A license issued for the operation of a family foster home or agency, unless sooner suspended, revoked, or voluntarily returned, will expire automatically 1 year from the date of issuance except as provided in paragraph (k) (j).

Ninety days prior to the expiration date, an application for renewal shall be submitted to the department by a licensee who wishes to have the license renewed.

A license shall be renewed upon the filing of an application on forms furnished by the department if the applicant has first met the requirements established under this section and the rules promulgated hereunder.

Section 13.

Page(j) 50May subcontract for the provision of 56services CODING:required by the contract with the lead agency and the department;