Florida 2023 2023 Regular Session

Florida House Bill H0143 Comm Sub / Bill

Filed 03/15/2023

                       
 
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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 appropriation; providing an 21 
effective date. 22 
 23 
Be It Enacted by the Legislature of the State of Florida: 24 
 25     
 
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 Section 1.  Section 39.4093, Florida Statutes, is created 26 
to read: 27 
 39.4093  Task Force on the Monitoring of Children in Out -28 
of-Home Care.— 29 
 (1)  CREATION.—The Task Force on the Monitoring of Children 30 
in Out-of-Home Care, a task force as defined in s. 20.03(8), is 31 
established within the Department of Law Enforcement. The 32 
Department of Law Enforcement shall provide administrative and 33 
staff support services relating to the functions of the task 34 
force. 35 
 (2)  PURPOSE.—The purpose of the task force is to identify 36 
and counter the root causes of why children go missing while in 37 
out-of-home care and to ensure that prompt and effective action 38 
is taken to address such causes. The task force shall examine 39 
and recommend improvements to current policies, procedures, 40 
programs, and initiatives to prevent children from going missing 41 
while in out-of-home care and to ensure that timely and 42 
comprehensive steps are taken to find missing children who are 43 
missing for any reason, including, but not limited to, running 44 
away, human trafficking, and abduction by a parent or a person 45 
who does not have care or custody of the child. 46 
 (3)  MEMBERSHIP; MEETINGS. — 47 
 (a)  The task force shall be composed of the following 48 
members: 49 
 1.  A member of the Senate, appointed by the President of 50     
 
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the Senate. 51 
 2.  A member of the House of Representatives, appointed by 52 
the Speaker of the House of Representatives. 53 
 3.  The secretary, or his or her designee. 54 
 4.  The Secretary of the Department of Juvenile Justice, or 55 
his or her designee. 56 
 5.  The executive director of the Statewide Guardian Ad 57 
Litem Office, or his or her designee. 58 
 6.  The executive director of the Department of Law 59 
Enforcement, or his or her designee. 60 
 7.  A representative from Safe Kids Florida, appointed by 61 
the State Surgeon General. 62 
 8.  A representative from the Statewide Council on Human 63 
Trafficking, appointed by the Attorney General. 64 
 9.  A representative from a community -based care lead 65 
agency that delivers child welfare services in a county defined 66 
as rural by the most recent United States Census, appointed by 67 
the secretary. 68 
 10.  A representative from a community -based care lead 69 
agency that delivers child welfare services in a county defined 70 
as urban by the most recent United States Census, appointed by 71 
the secretary. 72 
 11.  A licensed foster parent, appointed by the secretary. 73 
 12.  A representative from a residential group care 74 
provider, appointed by the secretary. 75     
 
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 13.  A young adult who aged out of the foster care system, 76 
appointed by the secretary. 77 
 (b)  Appointments to the task force must be made by August 78 
1, 2023. Each member shall serve at the pleasure of the official 79 
who appointed the member. A vacancy on the task force shall be 80 
filled in the same manner as the original appointment. 81 
 (c)  The task force shall elect a chair from among its 82 
members. 83 
 (d)  The task force shall convene no later than September 84 
1, 2023. The task force shall meet monthly or upon the call of 85 
the chair. The task force may hold its meetings through 86 
teleconference or other electronic means. 87 
 (4)  DUTIES.—The duties of the task force include all of 88 
the following: 89 
 (a)  Analyzing statistical data regarding children in out -90 
of-home care who are missing and the reasons why the children 91 
are missing, if known. 92 
 (b)  Identifying the root causes of why children go missing 93 
while in out-of-home care and how to prevent chi ldren from going 94 
missing while in out -of-home care. 95 
 (c)  Assessing the relationship between children who go 96 
missing from out-of-home care and the risks of such children 97 
becoming victims of human trafficking. 98 
 (d)  Assessing the comprehensiveness and effec tiveness of 99 
existing policies and procedures for preventing children in out -100     
 
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of-home care from going missing, for promptly determining 101 
whether such children are missing, and for locating such 102 
children. 103 
 (e)  Evaluating the state's approaches to reporting on the 104 
individual status of children missing from out -of-home care and 105 
the results of the efforts to locate such children, including, 106 
but not limited to, the use of technology, training, 107 
communication, and cooperation. 108 
 (f)  Measuring the overall performance of efforts to locate 109 
and recover children who are missing from out -of-home care, 110 
including, but not limited to, the communication and response 111 
between community-based care lead agencies, the department, and 112 
other entities. 113 
 (g)  Collaborating with the Flo rida Institute for Child 114 
Welfare to identify best practices used in other states for 115 
monitoring the location of children in out -of-home care who go 116 
missing, and evaluating whether such practices should be adopted 117 
in the state. 118 
 (h)  Submitting recommendati ons to improve policies, 119 
procedures, and systems in the state, including, but not limited 120 
to, technology, training, communication, and cooperation, so all 121 
entities are effectively monitoring children in out -of-home 122 
care, promptly responding when such child ren go missing, and 123 
preventing such children from going missing while in out -of-home 124 
care. 125     
 
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 (5)  FOCUS GROUPS AND INDIVIDUAL INTERVIEWS. —The Florida 126 
Institute for Child Welfare shall conduct one or more focus 127 
groups or individual interviews with children i n out-of-home 128 
care or young adults who were formerly in out -of-home care to 129 
assist the task force in fulfilling its duties. The focus groups 130 
or individual interviews must, at a minimum, address the reasons 131 
why such children seek to leave their out -of-home placement, 132 
identify opportunities and resources to assist and prevent 133 
children from leaving their placements, and to facilitate the 134 
return of such missing children. The institute shall submit the 135 
findings from the focus groups and individual interviews to the 136 
task force by April 1, 2024. 137 
 (6)  REPORTS.— 138 
 (a)  Through October 1, 2024, the department shall provide 139 
monthly reports to the task force to assist the task force in 140 
fulfilling its duties. The monthly reports must, at a minimum, 141 
address the number and percentage of children in out -of-home 142 
care who have been reported missing, the reasons why such 143 
children are missing if known, and the length of time between 144 
when such children are reported missing and their recovery or 145 
return. The monthly report must cat egorize the required data by 146 
age, county, community -based care lead agency, and reason, if 147 
known. 148 
 (b)  By October 1, 2024, the task force shall submit to the 149 
Governor, the President of the Senate, and the Speaker of the 150     
 
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House of Representatives a report t hat compiles the findings and 151 
recommendations of the task force. 152 
 (7)  REPEAL.—This section is repealed June 30, 2025, unless 153 
reviewed and saved from repeal by the Legislature. 154 
 Section 2.  For the 2023-2024 fiscal year, the sum of 155 
$140,076 in nonrecurri ng funds is appropriated from the 156 
Operating Trust Fund to the Florida Department of Law 157 
Enforcement for the purpose of providing administrative and 158 
staff support services relating to the Task Force on the 159 
Monitoring of Children in Out -of-Home Care. 160 
 Section 3.  This act shall take effect July 1, 2023. 161