Florida 2023 2023 Regular Session

Florida House Bill H0143 Comm Sub / Bill

Filed 02/23/2023

                       
 
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A bill to be entitled 1 
An act relating to the Task Force on the Monitoring of 2 
Children in Out-of-Home Care; creating s. 39.4093, 3 
F.S.; creating the Task Force on the Monitoring of 4 
Children in Out-of-Home Care for specified purposes; 5 
requiring the Department of Law Enforcement to provide 6 
certain services; providing for membership by a 7 
specified date; requiring the task force to convene by 8 
a specified date; authorizing the task force to 9 
conduct meetings through teleconference or other 10 
electronic means; providing duties of the task force; 11 
requiring the Florida Institute for Child Welfare to 12 
conduct focus groups or individual interviews and 13 
submit its findings to the task force by a spec ified 14 
date; requiring the Department of Children and 15 
Families to submit certain monthly reports to the task 16 
force through a specified date; requiring the task 17 
force to submit a report to the Governor and 18 
Legislature by a specified date; providing for repea l 19 
of the task force unless reviewed and saved by the 20 
Legislature; providing an effective date. 21 
 22 
Be It Enacted by the Legislature of the State of Florida: 23 
 24 
 Section 1.  Section 39.4093, Florida Statutes, is created 25     
 
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to read: 26 
 39.4093  Task Force on the Monitoring of Children in Out -27 
of-Home Care.— 28 
 (1)  CREATION.—The Task Force on the Monitoring of Children 29 
in Out-of-Home Care, a task force as defined in s. 20.03(8), is 30 
established within the Department of Law Enforcement. The 31 
Department of Law Enforceme nt shall provide administrative and 32 
staff support services relating to the functions of the task 33 
force. 34 
 (2)  PURPOSE.—The purpose of the task force is to identify 35 
and counter the root causes of why children go missing while in 36 
out-of-home care and to ensu re that prompt and effective action 37 
is taken to address such causes. The task force shall examine 38 
and recommend improvements to current policies, procedures, 39 
programs, and initiatives to prevent children from going missing 40 
while in out-of-home care and to ensure that timely and 41 
comprehensive steps are taken to find missing children who are 42 
missing for any reason, including, but not limited to, running 43 
away, human trafficking, and abduction by a parent or a person 44 
who does not have care or custody of the chi ld. 45 
 (3)  MEMBERSHIP; MEETINGS. — 46 
 (a)  The task force shall be composed of the following 47 
members: 48 
 1.  A member of the Senate, appointed by the President of 49 
the Senate. 50     
 
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 2.  A member of the House of Representatives, appointed by 51 
the Speaker of the House of Representatives. 52 
 3.  The secretary, or his or her designee. 53 
 4.  The Secretary of the Department of Juvenile Justice, or 54 
his or her designee. 55 
 5.  The executive director of the Statewide Guardian Ad 56 
Litem Office, or his or her designee. 57 
 6.  The executive director of the Department of Law 58 
Enforcement, or his or her designee. 59 
 7.  A representative from Safe Kids Florida, appointed by 60 
the State Surgeon General. 61 
 8.  A representative from the Statewide Council on Human 62 
Trafficking, appointed by the Attorney General. 63 
 9.  A representative from a community -based care lead 64 
agency that delivers child welfare services in a county defined 65 
as rural by the most recent United States Census, appointed by 66 
the secretary. 67 
 10.  A representative from a community -based care lead 68 
agency that delivers child welfare services in a county defined 69 
as urban by the most recent United States Census, appointed by 70 
the secretary. 71 
 11.  A licensed foster parent, appointed by the secretary. 72 
 12.  A representative from a residential group care 73 
provider, appointed by the secretary. 74 
 13.  A young adult who aged out of the foster care system, 75     
 
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appointed by the secretary. 76 
 (b)  Appointments to the task force must be made by August 77 
1, 2023. Each member shall serve at the pleasure of the official 78 
who appointed the member. A vacancy on the task force shall be 79 
filled in the same manner as the original appointment. 80 
 (c)  The task force shall elect a chair from among its 81 
members. 82 
 (d)  The task force shall convene no later than September 83 
1, 2023. The task force shall meet monthly or upon the call of 84 
the chair. The task force may hold its meetings through 85 
teleconference or other electronic means. 86 
 (4)  DUTIES.—The duties of the task force include all of 87 
the following: 88 
 (a)  Analyzing statistical data reg arding children in out -89 
of-home care who are missing and the reasons why the children 90 
are missing, if known. 91 
 (b)  Identifying the root causes of why children go missing 92 
while in out-of-home care and how to prevent children from going 93 
missing while in out -of-home care. 94 
 (c)  Assessing the relationship between children who go 95 
missing from out-of-home care and the risks of such children 96 
becoming victims of human trafficking. 97 
 (d)  Assessing the comprehensiveness and effectiveness of 98 
existing policies and proce dures for preventing children in out -99 
of-home care from going missing, for promptly determining 100     
 
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whether such children are missing, and for locating such 101 
children. 102 
 (e)  Evaluating the state's approaches to reporting on the 103 
individual status of children miss ing from out-of-home care and 104 
the results of the efforts to locate such children, including, 105 
but not limited to, the use of technology, training, 106 
communication, and cooperation. 107 
 (f)  Measuring the overall performance of efforts to locate 108 
and recover children who are missing from out -of-home care, 109 
including, but not limited to, the communication and response 110 
between community-based care lead agencies, the department, and 111 
other entities. 112 
 (g)  Collaborating with the Florida Institute for Child 113 
Welfare to identify best practices used in other states for 114 
monitoring the location of children in out -of-home care who go 115 
missing, and evaluating whether such practices should be adopted 116 
in the state. 117 
 (h)  Submitting recommendations to improve policies, 118 
procedures, and systems in the state, including, but not limited 119 
to, technology, training, communication, and cooperation, so all 120 
entities are effectively monitoring children in out -of-home 121 
care, promptly responding when such children go missing, and 122 
preventing such children from going missing while in out -of-home 123 
care. 124 
 (5)  FOCUS GROUPS AND INDIVIDUAL INTERVIEWS. —The Florida 125     
 
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Institute for Child Welfare shall conduct one or more focus 126 
groups or individual interviews with children in out -of-home 127 
care or young adults who were formerly in out -of-home care to 128 
assist the task force in fulfilling its duties. The focus groups 129 
or individual interviews must, at a minimum, address the reasons 130 
why such children seek to leave their out -of-home placement, 131 
identify opportunities and r esources to assist and prevent 132 
children from leaving their placements, and to facilitate the 133 
return of such missing children. The institute shall submit the 134 
findings from the focus groups and individual interviews to the 135 
task force by April 1, 2024. 136 
 (6)  REPORTS.— 137 
 (a)  Through October 1, 2024, the department shall provide 138 
monthly reports to the task force to assist the task force in 139 
fulfilling its duties. The monthly reports must, at a minimum, 140 
address the number and percentage of children in out -of-home 141 
care who have been reported missing, the reasons why such 142 
children are missing if known, and the length of time between 143 
when such children are reported missing and their recovery or 144 
return. The monthly report must categorize the required data by 145 
age, county, community-based care lead agency, and reason, if 146 
known. 147 
 (b)  By October 1, 2024, the task force shall submit to the 148 
Governor, the President of the Senate, and the Speaker of the 149 
House of Representatives a report that compiles the findings and 150     
 
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recommendations of the task force. 151 
 (7)  REPEAL.—This section is repealed June 30, 2025, unless 152 
reviewed and saved from repeal by the Legislature. 153 
 Section 2.  This act shall take effect July 1, 2023. 154