FL
Florida House Bill H0893

Florida 2022 Regular Session

Florida House Bill H0893 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to child welfare placements; amending 2
1616 s. 39.407, F.S.; authorizing the Department of 3
1717 Children and Families, under certain circumstances, to 4
1818 place children in its custody in therapeutic group 5
1919 homes for residential mental health treatment without 6
2020 prior court approval; revising definitions; defining 7
2121 the term "therapeutic group home"; providing that the 8
2222 department, rather than the Agency for Health Car e 9
2323 Administration, shall appoint qualified evaluators to 10
2424 conduct suitability assessments of certain children in 11
2525 the department's custody; specifying qualifications 12
2626 for evaluators conducting suitability assessments for 13
2727 certain placements; revising requiremen ts for 14
2828 suitability assessments; specifying when the 15
2929 department must provide a copy of the assessment to 16
3030 the guardian ad litem and the court; removing the 17
3131 department's and the agency's rulemaking authority; 18
3232 reordering and amending s. 409.166, F.S.; revising the 19
3333 definition of the term "special needs child"; amending 20
3434 ss. 63.207, 258.0142, 409.1664, and 414.045, F.S.; 21
3535 conforming provisions to changes made by the act; 22
3636 providing an effective date. 23
3737 24
3838 Be It Enacted by the Legislature of the State of Florida: 25
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4747 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
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5151 26
5252 Section 1. Subsection (6) of section 39.407, Florida 27
5353 Statutes, is amended to read: 28
5454 39.407 Medical, psychiatric, and psychological examination 29
5555 and treatment of child; physical, mental, or substance abuse 30
5656 examination of person with or requesting child custody.— 31
5757 (6) Children who are in the legal custody of the 32
5858 department may be placed by the department, without prior 33
5959 approval of the court, in a residential treatment center 34
6060 licensed under s. 394.875 or a hospital licensed under chapter 35
6161 395 for residential mental health treatment only pursuant to 36
6262 this section or may be placed by the court in accordance with an 37
6363 order of involuntary examination or involuntary placement 38
6464 entered pursuant to s. 394.463 or s. 394.467. All children 39
6565 placed in a residential treatm ent program under this subsection 40
6666 must have a guardian ad litem appointed. 41
6767 (a) As used in this subsection, the term: 42
6868 2.1. "Residential treatment" or "residential treatment 43
6969 program" means a placement for observation, diagnosis, or 44
7070 treatment of an emotio nal disturbance in a residential treatment 45
7171 center licensed under s. 394.875 or a hospital licensed under 46
7272 chapter 395. 47
7373 1.2. "Least restrictive alternative" means the treatment 48
7474 and conditions of treatment that, separately and in combination, 49
7575 are no more intrusive or restrictive of freedom than reasonably 50
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8484 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
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8888 necessary to achieve a substantial therapeutic benefit or to 51
8989 protect the child or adolescent or others from physical injury. 52
9090 3. "Suitable for residential treatment" or "suitability" 53
9191 means a determination concerning a child or adolescent with an 54
9292 emotional disturbance as defined in s. 394.492(5) or a serious 55
9393 emotional disturbance as defined in s. 394.492(6) that each of 56
9494 the following criteria is met: 57
9595 a. The child requires residential treatment. 58
9696 b. The child is in need of a residential treatment program 59
9797 and is expected to benefit from mental or behavioral health 60
9898 treatment. 61
9999 c. An appropriate, less restrictive alternative to 62
100100 residential treatment is unavailable. 63
101101 4. "Therapeutic group home" means a reside ntial treatment 64
102102 center that offers a 24 -hour residential program providing 65
103103 community-based mental health treatment and mental health 66
104104 support services to children who meet the criteria in s. 67
105105 394.492(5) or (6) in a nonsecure, homelike setting. 68
106106 (b) Whenever the department believes that a child in its 69
107107 legal custody is emotionally disturbed and may need residential 70
108108 treatment, an examination and suitability assessment must be 71
109109 conducted by a qualified evaluator who is appointed by the 72
110110 department Agency for Health Care Administration . This 73
111111 suitability assessment must be completed before the placement of 74
112112 the child in a residential treatment program center for 75
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121121 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
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125125 emotionally disturbed children and adolescents or a hospital . 76
126126 1. The qualified evaluator for placement in a residential 77
127127 treatment center, other than a therapeutic group home, or a 78
128128 hospital must be a psychiatrist or a psychologist licensed in 79
129129 this state Florida who has at least 3 years of experience in the 80
130130 diagnosis and treatment of serious emotional disturban ces in 81
131131 children and adolescents and who has no actual or perceived 82
132132 conflict of interest with any inpatient facility or residential 83
133133 treatment center or program. 84
134134 2. The qualified evaluator for placement in a therapeutic 85
135135 group home must be a psychiatrist li censed under chapter 458 or 86
136136 chapter 459, a psychologist licensed under chapter 490, or a 87
137137 mental health counselor licensed under chapter 491 who has at 88
138138 least 2 years of experience in the diagnosis and treatment of 89
139139 serious emotional or behavioral disturbance in children and 90
140140 adolescents and who has no actual or perceived conflict of 91
141141 interest with any residential treatment center or program. 92
142142 (c) Consistent with the requirements of this section 93
143143 Before a child is admitted under this subsection , the child 94
144144 shall be assessed for suitability for residential treatment by a 95
145145 qualified evaluator who has conducted an a personal examination 96
146146 and assessment of the child and has made written findings that: 97
147147 1. The child appears to have an emotional disturbance 98
148148 serious enough to require treatment in a residential treatment 99
149149 program and is reasonably likely to benefit from the treatment. 100
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158158 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
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162162 2. The child has been provided with a clinically 101
163163 appropriate explanation of the nature and purpose of the 102
164164 treatment. 103
165165 3. All available moda lities of treatment less restrictive 104
166166 than residential treatment have been considered, and a less 105
167167 restrictive alternative that would offer comparable benefits to 106
168168 the child is unavailable. 107
169169 108
170170 A copy of the written findings of the evaluation and suitability 109
171171 assessment must be provided to the department, to the guardian 110
172172 ad litem, and, if the child is a member of a Medicaid managed 111
173173 care plan, to the plan that is financially responsible for the 112
174174 child's care in residential treatment, all of whom must be 113
175175 provided with the opportunity to discuss the findings with the 114
176176 evaluator. 115
177177 (d) Immediately upon placing a child in a residential 116
178178 treatment program under this section, the department must notify 117
179179 the guardian ad litem and the court having jurisdiction over the 118
180180 child. Within 5 days after the department's receipt of the 119
181181 assessment, the department shall and must provide the guardian 120
182182 ad litem and the court with a copy of the assessment by the 121
183183 qualified evaluator. 122
184184 (e) Within 10 days after the admission of a child to a 123
185185 residential treatment program, the director of the residential 124
186186 treatment program or the director's designee must ensure that an 125
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195195 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
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199199 individualized plan of treatment has been prepared by the 126
200200 program and has been explained to the child, to the department, 127
201201 and to the guardian ad litem, and submitted to the department. 128
202202 The child must be involved in the preparation of the plan to the 129
203203 maximum feasible extent consistent with his or her ability to 130
204204 understand and participate, and the guardian ad litem and the 131
205205 child's foster parents must be involved to the maximum extent 132
206206 consistent with the child's treatment needs. The plan must 133
207207 include a preliminary plan for residential treatment and 134
208208 aftercare upon completion of residential treatment. The plan 135
209209 must include specific behaviora l and emotional goals against 136
210210 which the success of the residential treatment may be measured. 137
211211 A copy of the plan must be provided to the child, to the 138
212212 guardian ad litem, and to the department. 139
213213 (f) Within 30 days after admission, the residential 140
214214 treatment program must review the appropriateness and 141
215215 suitability of the child's placement in the program. The 142
216216 residential treatment program must determine whether the child 143
217217 is receiving benefit toward the treatment goals and whether the 144
218218 child could be treated in a less restrictive treatment program. 145
219219 The residential treatment program shall prepare a written report 146
220220 of its findings and submit the report to the guardian ad litem 147
221221 and to the department. The department must submit the report to 148
222222 the court. The report must include a discharge plan for the 149
223223 child. The residential treatment program must continue to 150
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232232 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
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234234
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236236 evaluate the child's treatment progress every 30 days thereafter 151
237237 and must include its findings in a written report submitted to 152
238238 the department. The department may no t reimburse a facility 153
239239 until the facility has submitted every written report that is 154
240240 due. 155
241241 (g)1. The department must submit, at the beginning of each 156
242242 month, to the court having jurisdiction over the child, a 157
243243 written report regarding the child's progress t oward achieving 158
244244 the goals specified in the individualized plan of treatment. 159
245245 2. The court must conduct a hearing to review the status 160
246246 of the child's residential treatment plan no later than 60 days 161
247247 after the child's admission to the residential treatment 162
248248 program. An independent review of the child's progress toward 163
249249 achieving the goals and objectives of the treatment plan must be 164
250250 completed by a qualified evaluator and submitted to the court 165
251251 before its 60-day review. 166
252252 3. For any child in residential treatm ent at the time a 167
253253 judicial review is held pursuant to s. 39.701, the child's 168
254254 continued placement in residential treatment must be a subject 169
255255 of the judicial review. 170
256256 4. If at any time the court determines that the child is 171
257257 not suitable for continued reside ntial treatment, the court 172
258258 shall order the department to place the child in the least 173
259259 restrictive setting that is best suited to meet his or her 174
260260 needs. 175
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269269 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
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273273 (h) After the initial 60 -day review, the court must 176
274274 conduct a review of the child's residential treatm ent plan every 177
275275 90 days. 178
276276 (i) The department must adopt rules for implementing 179
277277 timeframes for the completion of suitability assessments by 180
278278 qualified evaluators and a procedure that includes timeframes 181
279279 for completing the 60 -day independent review by the qua lified 182
280280 evaluators of the child's progress toward achieving the goals 183
281281 and objectives of the treatment plan which review must be 184
282282 submitted to the court. The Agency for Health Care 185
283283 Administration must adopt rules for the registration of 186
284284 qualified evaluators, the procedure for selecting the evaluators 187
285285 to conduct the reviews required under this section, and a 188
286286 reasonable, cost-efficient fee schedule for qualified 189
287287 evaluators. 190
288288 Section 2. Subsection (1) of section 63.207, Florida 191
289289 Statutes, is amended to read: 192
290290 63.207 Out-of-state placement.— 193
291291 (1) Unless the parent placing a minor for adoption files 194
292292 an affidavit that the parent chooses to place the minor outside 195
293293 the state, giving the reason for that placement, or the minor is 196
294294 to be placed with a relative or with a stepparent, or the minor 197
295295 is a difficult to place special needs child, as defined in s. 198
296296 409.166(2) s. 409.166, or for other good cause shown, an 199
297297 adoption entity may not: 200
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306306 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
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310310 (a) Take or send a minor out of the state for the purpose 201
311311 of placement for adoptio n; or 202
312312 (b) Place or attempt to place a minor for the purpose of 203
313313 adoption with a family who primarily lives and works outside 204
314314 Florida in another state. If an adoption entity is acting under 205
315315 this subsection, the adoption entity must file a petition for 206
316316 declaratory statement pursuant to s. 63.102 for prior approval 207
317317 of fees and costs. The court shall review the costs pursuant to 208
318318 s. 63.097. The petition for declaratory statement must be 209
319319 converted to a petition for an adoption upon placement of the 210
320320 minor in the home. When a minor is placed for adoption with 211
321321 prospective adoptive parents who primarily live and work outside 212
322322 this state, the circuit court in this state may retain 213
323323 jurisdiction over the matter until the adoption becomes final. 214
324324 The prospective adoptive p arents may finalize the adoption in 215
325325 this state. 216
326326 Section 3. Paragraph (b) of subsection (1) and subsection 217
327327 (3) of section 258.0142, Florida Statutes, are amended to read: 218
328328 258.0142 Foster and adoptive family state park fee 219
329329 discounts.— 220
330330 (1) To promote awareness of the contributions made by 221
331331 foster families and adoptive families to the vitality of the 222
332332 state, the Division of Recreation and Parks shall provide the 223
333333 following discounts on state park fees to persons who present 224
334334 written documentation satisfacto ry to the division which 225
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343343 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
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345345
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347347 evidences their eligibility for the discounts: 226
348348 (b) Families who adopt a difficult to place special needs 227
349349 child as described in s. 409.166(2)(d)2. s. 409.166(2)(a)2. from 228
350350 the Department of Children and Families shall receive a one -time 229
351351 family annual entrance pass at no charge at the time of the 230
352352 adoption. 231
353353 (3) The division shall continue its partnership with the 232
354354 Department of Children and Families to promote fostering and 233
355355 adoption of difficult to place special needs children with 234
356356 events held each year during National Foster Care Month and 235
357357 National Adoption Month. 236
358358 Section 4. Subsection (2) of section 409.166, Florida 237
359359 Statutes, is reordered and amended to read: 238
360360 409.166 Children within the child welfare system; adoption 239
361361 assistance program.— 240
362362 (2) DEFINITIONS.—As used in this section, the term: 241
363363 (a)(b) "Adoption assistance" means financial assistance 242
364364 and services provided to a child and his or her adoptive family. 243
365365 Such assistance may include a maintenance subsidy, medical 244
366366 assistance, Medicaid assistance, and reimbursement of 245
367367 nonrecurring expenses assoc iated with the legal adoption. The 246
368368 term also includes a tuition exemption at a postsecondary career 247
369369 program, community college, or state university. 248
370370 (b)(c) "Child within the child welfare system" or "child" 249
371371 means a difficult to place special needs child and any other 250
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380380 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
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384384 child who was removed from the child's caregiver due to abuse or 251
385385 neglect and whose permanent custody has been awarded to the 252
386386 department or to a licensed child -placing agency. 253
387387 (c)(d) "Department" means the Department of Children and 254
388388 Families. 255
389389 (d)(a) "Difficult to place Special needs child" means: 256
390390 1. A child whose permanent custody has been awarded to the 257
391391 department or to a licensed child -placing agency; 258
392392 2. A child who has established significant emotional ties 259
393393 with his or her foster par ents or is not likely to be adopted 260
394394 because he or she is: 261
395395 a. Eight years of age or older; 262
396396 b. Developmentally disabled; 263
397397 c. Physically or emotionally handicapped; 264
398398 d. A member of a racial group that is disproportionately 265
399399 represented among children des cribed in subparagraph 1. Of black 266
400400 or racially mixed parentage ; or 267
401401 e. A member of a sibling group of any age, provided two or 268
402402 more members of a sibling group remain together for purposes of 269
403403 adoption; and 270
404404 3. Except when the child is being adopted by the child's 271
405405 foster parents or relative caregivers, a child for whom a 272
406406 reasonable but unsuccessful effort has been made to place the 273
407407 child without providing a maintenance subsidy. 274
408408 (e) "Licensed child -placing agency" has the same meaning 275
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417417 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
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419419
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421421 as in s. 39.01. 276
422422 (f) "Maintenance subsidy" means a monthly payment as 277
423423 provided in subsection (4). 278
424424 Section 5. Paragraph (a) of subsection (1) and subsection 279
425425 (2) of section 409.1664, Florida Statutes, are amended to read: 280
426426 409.1664 Adoption benefits for qualifying adoptive 281
427427 employees of state agencies, veterans, and servicemembers. — 282
428428 (1) As used in this section, the term: 283
429429 (a) "Child within the child welfare system" has the same 284
430430 meaning as provided in s. 409.166(2) s. 409.166. 285
431431 (2) A qualifying adoptive employee, veteran, or 286
432432 servicemember who adopts a child within the child welfare system 287
433433 who is difficult to place as has special needs described in s. 288
434434 409.166(2)(d)2. s. 409.166(2)(a)2. is eligible to receive a 289
435435 lump-sum monetary benefit in the amount of $10,000 per such 290
436436 child, subject to applicable taxes. A qualifying adoptive 291
437437 employee, veteran, or servicemember who adopts a child within 292
438438 the child welfare system who is not difficult to place as does 293
439439 not have special needs described in s. 409.166(2)(d)2. s. 294
440440 409.166(2)(a)2. is eligible to receive a lump -sum monetary 295
441441 benefit in the amount of $5,000 per such child, subject to 296
442442 applicable taxes. A qualifying adoptive employee of a charter 297
443443 school or the Florida Virtual School may retroactively apply for 298
444444 the monetary benefit provided in this subsection if such 299
445445 employee was employed by a charter school or the Florida Virtual 300
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454454 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
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458458 School when he or she adopted a child within the child welfare 301
459459 system pursuant to chapter 63 on or after July 1, 2015. A 302
460460 veteran or servicemember may apply for the monetary benefit 303
461461 provided in this subsection if he or she is domiciled in this 304
462462 state and adopts a child within the child welfare system 305
463463 pursuant to chapter 63 on or after July 1, 2020. 306
464464 (a) Benefits paid to a qualifying adoptive employee who is 307
465465 a part-time employee must be prorated based on the qualifying 308
466466 adoptive employee's full -time equivalency at the time of 309
467467 applying for the benefits. 310
468468 (b) Monetary benefits awarded under this subsection are 311
469469 limited to one award per adopted child within the child welfar e 312
470470 system. 313
471471 (c) The payment of a lump -sum monetary benefit for 314
472472 adopting a child within the child welfare system under this 315
473473 section is subject to a specific appropriation to the department 316
474474 for such purpose. 317
475475 Section 6. Paragraph (b) of subsection (1) of section 318
476476 414.045, Florida Statutes, is amended to read: 319
477477 414.045 Cash assistance program. —Cash assistance families 320
478478 include any families receiving cash assistance payments from the 321
479479 state program for temporary assistance for needy families as 322
480480 defined in federal law, whether such funds are from federal 323
481481 funds, state funds, or commingled federal and state funds. Cash 324
482482 assistance families may also include families receiving cash 325
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491491 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
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495495 assistance through a program defined as a separate state 326
496496 program. 327
497497 (1) For reporting purposes, families receiving cash 328
498498 assistance shall be grouped into the following categories. The 329
499499 department may develop additional groupings in order to comply 330
500500 with federal reporting requirements, to comply with the data -331
501501 reporting needs of the state board as defined in s. 445.002, or 332
502502 to better inform the public of program progress. 333
503503 (b) Child-only cases.—Child-only cases include cases that 334
504504 do not have an adult or teen head of household as defined in 335
505505 federal law. Such cases include: 336
506506 1. Children in the car e of caretaker relatives, if the 337
507507 caretaker relatives choose to have their needs excluded in the 338
508508 calculation of the amount of cash assistance. 339
509509 2. Families in the Relative Caregiver Program as provided 340
510510 in s. 39.5085. 341
511511 3. Families in which the only parent in a single -parent 342
512512 family or both parents in a two -parent family receive 343
513513 supplemental security income (SSI) benefits under Title XVI of 344
514514 the Social Security Act, as amended. To the extent permitted by 345
515515 federal law, individuals receiving SSI shall be excluded as 346
516516 household members in determining the amount of cash assistance, 347
517517 and such cases shall not be considered families containing an 348
518518 adult. Parents or caretaker relatives who are excluded from the 349
519519 cash assistance group du e to receipt of SSI may choose to 350
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528528 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
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532532 participate in work activities. An individual whose ability to 351
533533 participate in work activities is limited who volunteers to 352
534534 participate in work activities shall be assigned to work 353
535535 activities consistent with such limitation s. An individual who 354
536536 volunteers to participate in a work activity may receive child 355
537537 care or support services consistent with such participation. 356
538538 4. Families in which the only parent in a single -parent 357
539539 family or both parents in a two -parent family are not eligible 358
540540 for cash assistance due to immigration status or other 359
541541 limitation of federal law. To the extent required by federal 360
542542 law, such cases shall not be considered families containing an 361
543543 adult. 362
544544 5. To the extent permitted by federal law and subject to 363
545545 appropriations, difficult to place special needs children who 364
546546 have been adopted pursuant to s. 409.166 and whose adopting 365
547547 family qualifies as a needy family under the state program for 366
548548 temporary assistance for needy families. Notwithstanding any 367
549549 provision to the contrary in s. 414.075, s. 414.085, or s. 368
550550 414.095, a family shall be considered a needy family if: 369
551551 a. The family is determined by the department to have an 370
552552 income below 200 percent of the federal poverty level; 371
553553 b. The family meets the requirement s of s. 414.095(2) and 372
554554 (3) related to residence, citizenship, or eligible noncitizen 373
555555 status; and 374
556556 c. The family provides any information that may be 375
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565565 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
566566
567567
568568
569569 necessary to meet federal reporting requirements specified under 376
570570 Part A of Title IV of the Social Security Act. 377
571571 6. Families in the Guardianship Assistance Program as 378
572572 provided in s. 39.6225. 379
573573 380
574574 Families described in subparagraph 1., subparagraph 2., or 381
575575 subparagraph 3. may receive child care assistance or other 382
576576 supports or services so that the children may conti nue to be 383
577577 cared for in their own homes or in the homes of relatives. Such 384
578578 assistance or services may be funded from the temporary 385
579579 assistance for needy families block grant to the extent 386
580580 permitted under federal law and to the extent funds have been 387
581581 provided in the General Appropriations Act. 388
582582 Section 7. This act shall take effect upon becoming a law. 389