SB 80 — Child Welfare

Placements made pursuant to s.

63.082(6) are exempt from this section.

(a) “Change in physical custody” means a change by the department or the community-based care lead agency to the child’s physical residential address, regardlesseven ofwhen whether such change requiresdoes not require a court order changing the legal custody of the child.

(b) “Emergency(b) “Multidisciplinary situation”team” means thatan thereintegrated isgroup anof imminentindividuals riskwhich meets to thecollaboratively healthdevelop orand safetyattempt ofto reach a consensus decision on the child,most othersuitable children,out-of-home placement, educational placement, or othersother inspecified theimportant homelife ordecision facilitythat ifis in the childbest remainsinterest inof the placement.child.

(c) “Multidisciplinary team” means an integrated group of individuals which meets to collaboratively develop and attempt to reach a consensus decision on the most suitable out-of-home placement, educational placement, or other specified important life decision that is in the best interest of the child.

1. EachEach multidisciplinary team staffing must inviteconsist of the following members:

a. The1. The child, unless he or she is not of an age or capacity to participate in the team;

b. The2. The child’s family members and other individuals identified by the family as being importantimportant; to the child, provided that a parent who has a no contact order or injunction, is alleged to have sexually abused the child, or is subject to a termination of parental rights may not participate;

c. The3. The current caregiver;

d. A4. A representative from the departmentdepartment; other than the Children’s Legal Services attorney, when the department is directly involved in the goal identified by the staffing;

e. Aand representative5. The fromcase themanager community-basedfor care lead agency, when the leadchild. agency is directly involved in the goal identified by the staffing;

and f. The case manager for the child, or his or her case manager supervisor.

2. The multidisciplinary team must make reasonable efforts to have all mandatory invitees attend.

However, the multidisciplinary team staffing may not be delayed if the invitees in subparagraph 1.

fail to attend after being provided reasonable opportunities.

5. A mental health professional with expertise in sibling bonding, if theapplicable; department or lead agency deems such expert is necessary;

(5) SCOPE OF MULTIDISCIPLINARY TEAM.—TEAM.—A (a) A multidisciplinary team staffing must be held when an important decision is required to be made about a child’s life, including all of the following:

1. Initial(a) Initial placement decisions for a child who is placed in out-of-home care.

A(b) Changes multidisciplinaryin teamphysical staffingcustody requiredafter under this subparagraph may occur before the initialchild placement or, if a staffing is notplaced possiblein beforeout-of-home thecare initialby placement,a mustcourt occurand, asif soonnecessary, asdetermination possible after initial removal and placement to evaluate the appropriateness of thean initialappropriate placementmandatory andtransition toplan ensurein thataccordance anywith adjustmentss. to the placement, if necessary, are promptly handled.

2. Changes in physical custody after the child is placed in out-of-home care by a court and, if necessary, determination of an appropriate mandatory transition plan in accordance with s.

3. Changes(c) Changes in a child’s educational placement and, if necessary, determination of an appropriate mandatory transition plan in accordance with s.

4. Placement(d) Placement decisions for a child as required by subparagraphparagraphs 1.,(a), subparagraph(b), 2., or subparagraph(c) 3.which involve sibling groups that require placement in accordance with s.

which involve sibling groups that require placement in accordance with s.

5. Any(e) Any other important decisions in the child’s life which are so complex that the department or appropriate community based care lead agency determines convening a multidisciplinary team staffing is necessary to ensure the best interest of the child is maintained.

(b) This section does not apply to multidisciplinary team staffings that occur for one of the decisions specified in paragraph (a) and that are facilitated by a children’s advocacy center in accordance with s.

39.3035.

The children’s advocacy center that facilitates a staffing is encouraged to include family members or other persons important to the family in the staffing if the children’s advocacy center determines it is safe for the child to involve such persons.

(c) This section does not apply to placements made pursuant to s.

63.082(6).

h. The reasonable preference of the child, if the court has found that the child is of sufficient ageintelligence, understanding, and capacityexperience to express a preference;

l. The likelihood that the child will have to change schools or day care placement, the impact of such a change, and the parties’ recommendations as to the timing of the change,change including an education transition plan required under s.

(d)1. If the participants of a multidisciplinary team staffing reach a unanimous consensus decision, it becomes the official position of the community-based care lead agency regarding the decision under subsection (5) for which the team convened.

2. If the participants of a multidisciplinary team staffing cannot reach a unanimous consensus decisiondecision, on a plan to address the identified goal, the trained professional acting as the facilitator shallmust notifyattempt theto courtbring andat least the departmentlead withinagency’s 48staff hoursto aftera thedecision conclusionthat ofall theparticipants staffing.can support.

TheIf departmentthere shallis thendisagreement determineeven howamong tolead addressagency staff, the identifiedmultidisciplinary goalteam may request a review of the staffingdecision byfrom whata isdesignated, inhigh level administrator within the child’scommunity-based bestcare interest.lead agency and such person’s decision becomes the official position for the decision under subsection (5) for which the team was convened.

3. If the multidisciplinary team cannot agree on the placement, it is the responsibility of the placing lead agency to determine the most appropriate placement for the child in order to achieve the goals of child safety, permanency, and well-being.

The multidisciplinary team must convene a staffing no later than 72 hours from the date of a subsequent removal in an emergency situation inas accordancethat withterm is defined in s.

39.4023(2) and in accordance with s.

(8) REPORT.—If a multidisciplinary team staffing fails to reach a unanimous consensus decision, the facilitator must prepare and submit a written report to the court within 5 business days after the conclusion of the staffing which details the decision made at the conclusion of the multidisciplinary team staffing under subsection (6) and the positions of the staffing’s participants.

Further, this section may not be construed to create a duty on the department or lead agency to attend multidisciplinary staffings that the department or lead agency does not attend for any purpose specified in subsection (5) for which the department or lead agency is not required to attend before October 1, 2021.

(c) “Placement change” means any time a child is moved from one caregiver to another, including moves to a foster home, a group home, relatives, prospective guardians, or prospective adoptive parentsparents, and reunification with parentsparents. or legal custodian.

AThe childterm beingalso movedincludes temporarilymoves tobetween respiterooms careand forbuildings theoperated purposeby of providing the primary caregiver relief does not constitute a placementgroup change.home provider.

(3) PLACEMENT TRANSITIONS.— (a) Mandatory transition plans.—Except as otherwise provided, the department or the community-based care lead agency shall create and implement an individualized transition plan before each placement change experienced by a child.

2. A placement change may occur immediately in an emergency situation without a convening a multidisciplinary team staffing.

and e. The attorney for the child,department. if one is appointed;

4. The transition plan must be developed through cooperation among the persons included in subparagraph 3., and f. Thesuch attorneypersons formust share any relevant information necessary to ensure that the department.transition plan does all of the following:

4.a. Thea. Respects transition plan must be developed through cooperation among the personschild’s includeddevelopmental instage subparagraph 3., and suchpsychological personsneeds. must share any relevant information necessary to ensure that the transition plan does all of the following:

(I) Respectsb. Ensures the child’schild developmentalhas stageall of his or her belongings and psychologicalis needs.allowed to help pack those belongings when appropriate.

(II) Ensuresc. Allows for a gradual transition from the childcurrent hascaregiver’s allhome ofwith hissubstantial oroverlap herbetween belongingsthe two caregivers and isprovides allowedtime for the child to helphave packa thosefinal belongingsvisitation whenwith appropriate.everyone important to the child from the current placement, including pets.

(III) Allowsd. Allows, forwhen apossible, gradualfor transitioncontinued fromcontact the current caregiver’s home with substantial overlap between the twoprevious caregiverscaregiver and providesothers timein for the childhome toafter have a final visitation with everyone important to the child fromleaves. the current placement, including pets.

(IV) Allows,e. Prohibits whena possible,placement forchange continuedwhich contactoccurs withbetween the7 previousp.m. caregiver and others in the home after the child leaves.

(V) Prohibits a placement change which occurs between 7 p.m.

b. However, this subparagraph is not applicable when the basis for a removal necessitating the transition plan is the result of an emergency situation due to direct safety concerns caused by a caregiver in the current placement.

or b. Sevenb. One monthsyear ofto age2 or older, but younger than 3 years of age, thereby indicating it may not be a healthy time to move the child.

2. A determination that it is not the child’s best interest to remain in the school of origin and of which school the child will attend in the future must be made in consultation with the following individuals, including, but not limited to, the child;

the guardian ad litem, ifthe appointed;educational surrogate child care and educational staff, including teachers and guidance counselors;

the educational surrogate, if appointed;

child care and educational staff, including teachers and guidance counselors;

(6) EXEMPTION.—Placements(6) RULEMAKING.—The madedepartment pursuantshall adopt rules to s.implement this section.

63.082(6) are exempt from this section.

(7) RULEMAKING.—The department shall adopt rules to implement this section.

(d) The Legislature also finds that it is the responsibility of all entities and adults involved in a child’s life, including, but not limited to, the department, community based care lead agencies, parents, foster parents, guardians ad litem, next of kin, and other persons important to the child to seek opportunities to foster sibling relationships to promote continuity and help sustain family connections.

(a) “Lead(a) “Multidisciplinary agency”team” meanshas a community-based care lead agency under contract with the departmentsame tomeaning provideas careprovided to children in fosters. care under chapter 409.

(b) “Multidisciplinary team” has the same meaning as provided in s.

(b) “Lead agency” means a community-based care lead agency under contract with the department to provide care to children in foster care under chapter 409.

4. The department and the court are not required to make aan changeinitial inplacement placement,or whether such change isin toplacement the physical residential address of the child or the legal custody of the child, to develop a relationship between siblings which did not exist at the time a child is placed in out-of-home care.

A child being moved temporarily as respite care for the purpose of providing the primary caregiver relief and encouraging and facilitating contact among the siblings does not constitute a placement change or require the convening of a multidisciplinary team.

(b) If a child’s sibling is also in out-of-home care and such sibling leaves out-of-home care for any reason, including, but not limited to, emancipation, adoption, or reunification with his or her parent or guardian, the child has a right to continued communication with his or her sibling as provided under subsection (4)(4). either:

1. Upon consent by the legally emancipated sibling, the sibling’s adoptive parent, or the parent with whom the sibling was reunified;

or 2. By order of the court that is considering the adoption or reunification of the sibling who is leaving out-of-home care, provided the court determines that such communication is in the best interest of each sibling.

(7) EXEMPTION.—Placements(7) RULEMAKING madeAUTHORITY.—The pursuantdepartment shall adopt rules to s.implement this section.

63.082(6) are exempt from this section.

(8) RULEMAKING AUTHORITY.—The department shall adopt rules to implement this section.

39.4022 and the report filed by the multidisciplinary team, if applicable,applicable. unless the change of custody or placement is made pursuant to s.

63.082(6).

39.4021 when making a decision regarding the best interest of the child in out-ofout-of-home homecare.: care:

(3)(a) For purposes of this subsection, the term “change in physical custody” means a change by the department or community based care lead agency to the child’s physical residential address,address regardlesseven ofwhen whether such change requiresdoes not require a court order to change the legal custody of the child.

However, this term does not include a change in placement made pursuant to s.

63.082(6).

(c)1. The(c)1. A department or community-based care lead agency must notify a current caregiver who has been in the physical custody placement for at least 9 consecutive months and who meets all the established criteria in paragraph (b) shall be notified by the department or community-based care lead agency of an intent to change the physical custody of the child,child andat aleast multidisciplinary21 teamdays staffingbefore mustthe bedesired helddate infor accordancetransitioning withthe ss.child to the new physical custody placement.

39.40222. A caregiver who objects to the change in physical custody must notify the court and 39.4023the atdepartment leastor 21lead agency of his or her objection and the intent to request an evidentiary hearing in writing in accordance with this subsection as soon as possible after receiving notice under subparagraph 1., but no later than 5 days before the intendeddesired date for transitioning the child’schild changeto inthe new physical custody.custody placement.

If there is not a unanimous consensus decision reached by the multidisciplinary team, the department’s official position must be provided to the parties within the designated time period as provided for in s.

39.4022.

2. A caregiver who objects to the department’s official position on the change in physical custody must notify the court and the department or community-based care lead agency of his or her objection and the intent to request an evidentiary hearing in writing in accordance with this section within 5 days of receiving notice of the department’s official position provided under subparagraph 1.

The transition of the child to the new caregiver may not begin before the expiration of the 5-day period within which the current caregiver may object.

b. Appoint ana attorneylawyer for the child who is the subject of the permanent custody proceeding,proceeding; in addition to the guardian ad litem, if one is appointed;

The court must provide its written order to the department or community-based care lead agency, the caregiver, and the prospective caregiver.

The(e) If partythe statuscourt grantedorders tothat the physical custody of the child change from the current caregiver underafter sub-subparagraphthe (c)4.a.evidentiary hearing, the department or lead agency must provide an appropriate transition plan in accordance with s.

terminates39.4023. upon the written order by the court, or upon the 90 day time limit established in this paragraph, whichever occurs first.

(e) If the court orders that the physical custody of the child change from the current caregiver after the evidentiary hearing, the department or community-based care lead agency must implement the appropriate transition plan developed in accordance with ss.

39.4022 and 39.4023 or as ordered by the court.

15521447 The court shall additionally evaluate the child’s permanency goal and change the permanency goal as needed if doing so would be in the best interests of the child.