FL
Florida House Bill H7061

Florida 2023 Regular Session

Florida House Bill H7061 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 sheriffs providing child protective 2
1616 investigative services; repealing s. 39.3065, F.S., 3
1717 relating to sheriffs of certain counties providing 4
1818 child protective investigative services; amending ss. 5
1919 39.013, 39.0141, 39.301, 39.3068, 39.307, 39 .308, 6
2020 39.4015, 39.523, 39.524, 402.40, 402.402, 409.1754, 7
2121 937.021, and 1004.615, F.S.; conforming provisions to 8
2222 changes made by the act; requiring sheriffs in certain 9
2323 counties who provide child protective investigative 10
2424 services functions to transfer such f unctions to the 11
2525 Department of Children and Families by a mutually 12
2626 agreed upon date; specifying which entity becomes the 13
2727 custodian of certain files and documents; providing 14
2828 requirements for all grants and grant -related assets; 15
2929 authorizing the department to extend certain private 16
3030 leases for a certain amount of time; authorizing the 17
3131 department and each sheriff to enter into a specified 18
3232 agreement for a specified timeframe; authorizing 19
3333 certain employees to transfer their employment to the 20
3434 department; requiring t he department to establish 21
3535 positions for such employees; providing certain 22
3636 benefits to employees who transfer their employment to 23
37-the department; requiring th at the defense and 24
38-indemnification of certain claims be in accordance 25
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37+the department; providing for the defense and 24
38+indemnification of certain claims; providing 25
39+
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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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51-with certain agreements; requiring that the department 26
52-defend and indemnify certain claims; providing certain 27
53-construction; providing effective dates. 28
51+construction; providing effective d ates. 26
52+ 27
53+Be It Enacted by the Legislature of the State of Florida: 28
5454 29
55-Be It Enacted by the Legislatu re of the State of Florida: 30
56- 31
57- Section 1. Section 39.3065, Florida Statutes, is repealed. 32
58- Section 2. Subsection (12) of section 39.013, Florida 33
59-Statutes, is amended to read: 34
60- 39.013 Procedures and jurisdiction; right to counsel. — 35
61- (12) The department shall be represented by counsel in 36
62-each dependency proceeding. Through its attorneys, the 37
63-department shall make recommendations to the court on issues 38
64-before the court and may support its recommendations through 39
65-testimony and other evidence by its own e mployees, employees of 40
66-sheriff's offices providing child protection services, employees 41
67-of its contractors, employees of its contractor's 42
68-subcontractors, or from any other relevant source. 43
69- Section 3. Section 39.0141, Florida Statutes, is amended 44
70-to read: 45
71- 39.0141 Missing children; report required. —Whenever the 46
72-whereabouts of a child involved with the department become 47
73-unknown, the department or, the community-based care provider, 48
74-or the sheriff's office providing investigative services for the 49
75-department shall make reasonable efforts, as defined by rule, to 50
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55+ Section 1. Section 39.3065, Florida Statutes, is repealed. 30
56+ Section 2. Subsection (12) of section 39.013, Florida 31
57+Statutes, is amended to read: 32
58+ 39.013 Procedures and jurisdictio n; right to counsel. — 33
59+ (12) The department shall be represented by counsel in 34
60+each dependency proceeding. Through its attorneys, the 35
61+department shall make recommendations to the court on issues 36
62+before the court and may support its recommendations through 37
63+testimony and other evidence by its own employees, employees of 38
64+sheriff's offices providing child protection services, employees 39
65+of its contractors, employees of its contractor's 40
66+subcontractors, or from any other relevant source. 41
67+ Section 3. Section 39. 0141, Florida Statutes, is amended 42
68+to read: 43
69+ 39.0141 Missing children; report required. —Whenever the 44
70+whereabouts of a child involved with the department become 45
71+unknown, the department or, the community-based care provider, 46
72+or the sheriff's office providin g investigative services for the 47
73+department shall make reasonable efforts, as defined by rule, to 48
74+locate the child. If, pursuant to criteria established by rule, 49
75+the child is determined to be missing, the department or, the 50
76+
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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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88-locate the child. If, pursuant to criteria established by rule, 51
89-the child is determined to be missing, the department or, the 52
90-community-based care provider, or the sheriff's office shall 53
91-file a report that the child is missing in accordance with s. 54
92-937.021. 55
93- Section 4. Subsection (9) of section 39.301, Florida 56
94-Statutes, is amended to read: 57
95- 39.301 Initiation of protective investigations. — 58
96- (9)(a) For each report received from the central abuse 59
97-hotline and accepted for investigation, the department or the 60
98-sheriff providing child protective investigative services under 61
99-s. 39.3065, shall perform the following child protective 62
100-investigation activities to determine child safety: 63
101- 1. Conduct a review o f all relevant, available information 64
102-specific to the child , and family, and alleged maltreatment; 65
103-family child welfare history; local, state, and federal criminal 66
104-records checks; and requests for law enforcement assistance 67
105-provided by the abuse hotline. B ased on a review of available 68
106-information, including the allegations in the current report, a 69
107-determination shall be made as to whether immediate consultation 70
108-should occur with law enforcement, the Child Protection Team, a 71
109-domestic violence shelter or advo cate, or a substance abuse or 72
110-mental health professional. Such consultations should include 73
111-discussion as to whether a joint response is necessary and 74
112-feasible. A determination shall be made as to whether the person 75
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88+community-based care provider, or the sheriff's office shall 51
89+file a report that the child is missing in accordance with s. 52
90+937.021. 53
91+ Section 4. Subsection (9) of section 39.301, Florida 54
92+Statutes, is amended to read: 55
93+ 39.301 Initiation of protective investigations. — 56
94+ (9)(a) For each report received from the central abuse 57
95+hotline and accepted for investigation, the department or the 58
96+sheriff providing child protective investigative services under 59
97+s. 39.3065, shall perform the following child protective 60
98+investigation activities to determ ine child safety: 61
99+ 1. Conduct a review of all relevant, available information 62
100+specific to the child , and family, and alleged maltreatment; 63
101+family child welfare history; local, state, and federal criminal 64
102+records checks; and requests for law enforcement as sistance 65
103+provided by the abuse hotline. Based on a review of available 66
104+information, including the allegations in the current report, a 67
105+determination shall be made as to whether immediate consultation 68
106+should occur with law enforcement, the Child Protection Team, a 69
107+domestic violence shelter or advocate, or a substance abuse or 70
108+mental health professional. Such consultations should include 71
109+discussion as to whether a joint response is necessary and 72
110+feasible. A determination shall be made as to whether the person 73
111+making the report should be contacted before the face -to-face 74
112+interviews with the child and family members. 75
113+
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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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125-making the report should be contacted be fore the face-to-face 76
126-interviews with the child and family members. 77
127- 2. Conduct face-to-face interviews with the child; other 78
128-siblings, if any; and the parents, legal custodians, or 79
129-caregivers. 80
130- 3. Assess the child's residence, including a determination 81
131-of the composition of the family and household, including the 82
132-name, address, date of birth, social security number, sex, and 83
133-race of each child named in the report; any siblings or other 84
134-children in the same household or in the care of the same 85
135-adults; the parents, legal custodians, or caregivers; and any 86
136-other adults in the same household. 87
137- 4. Determine whether there is any indication that any 88
138-child in the family or household has been abused, abandoned, or 89
139-neglected; the nature and extent of present or prior injuries, 90
140-abuse, or neglect, and any evidence thereof; and a determination 91
141-as to the person or persons apparently responsible for the 92
142-abuse, abandonment, or neglect, including the name, address, 93
143-date of birth, social security number, sex, and race of each 94
144-such person. 95
145- 5. Complete assessment of immediate child safety for each 96
146-child based on available records, interviews, and observations 97
147-with all persons named in subparagraph 2. and appropriate 98
148-collateral contacts, which may include other professionals, and 99
149-continually assess the child's safety throughout the 100
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125+ 2. Conduct face-to-face interviews with the child; other 76
126+siblings, if any; and the parents, legal custodians, or 77
127+caregivers. 78
128+ 3. Assess the child's residence, including a determination 79
129+of the composition of the family and household, including the 80
130+name, address, date of birth, social security number, sex, and 81
131+race of each child named in the report; any siblings or other 82
132+children in the same househo ld or in the care of the same 83
133+adults; the parents, legal custodians, or caregivers; and any 84
134+other adults in the same household. 85
135+ 4. Determine whether there is any indication that any 86
136+child in the family or household has been abused, abandoned, or 87
137+neglected; the nature and extent of present or prior injuries, 88
138+abuse, or neglect, and any evidence thereof; and a determination 89
139+as to the person or persons apparently responsible for the 90
140+abuse, abandonment, or neglect, including the name, address, 91
141+date of birth, social security number, sex, and race of each 92
142+such person. 93
143+ 5. Complete assessment of immediate child safety for each 94
144+child based on available records, interviews, and observations 95
145+with all persons named in subparagraph 2. and appropriate 96
146+collateral contacts, which may include other professionals, and 97
147+continually assess the child's safety throughout the 98
148+investigation. The department's child protection investigators 99
149+are hereby designated a criminal justice agency for the purpose 100
150+
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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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162-investigation. The department's child protection investigators 101
163-are hereby designated a criminal justice agency for the purpose 102
164-of accessing criminal justice information to be used for 103
165-enforcing this state's laws concerning the crimes of child 104
166-abuse, abandonment, and neglect. This information shall be used 105
167-solely for purposes supporting the detection, apprehension, 106
168-prosecution, pretrial release, posttr ial release, or 107
169-rehabilitation of criminal offenders or persons accused of the 108
170-crimes of child abuse, abandonment, or neglect and may not be 109
171-further disseminated or used for any other purpose. 110
172- 6. Document the present and impending dangers to each 111
173-child based on the identification of inadequate protective 112
174-capacity through utilization of a standardized safety assessment 113
175-instrument. If present or impending danger is identified, the 114
176-child protective investigator must implement a safety plan or 115
177-take the child into custody. If present danger is identified and 116
178-the child is not removed, the child protective investigator 117
179-shall create and implement a safety plan before leaving the home 118
180-or the location where there is present danger. If impending 119
181-danger is identified, the child protective investigator shall 120
182-create and implement a safety plan as soon as necessary to 121
183-protect the safety of the child. The child protective 122
184-investigator may modify the safety plan if he or she identifies 123
185-additional impending danger. 124
186- a. If the child protective investigator implements a 125
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162+of accessing criminal justice information to be used for 101
163+enforcing this state's laws concerning the crimes of child 102
164+abuse, abandonment, and neglect. This information shall be used 103
165+solely for purposes supporting the detection, apprehension, 104
166+prosecution, pretrial release, posttr ial release, or 105
167+rehabilitation of criminal offenders or persons accused of the 106
168+crimes of child abuse, abandonment, or neglect and may not be 107
169+further disseminated or used for any other purpose. 108
170+ 6. Document the present and impending dangers to each 109
171+child based on the identification of inadequate protective 110
172+capacity through utilization of a standardized safety assessment 111
173+instrument. If present or impending danger is identified, the 112
174+child protective investigator must implement a safety plan or 113
175+take the child into custody. If present danger is identified and 114
176+the child is not removed, the child protective investigator 115
177+shall create and implement a safety plan before leaving the home 116
178+or the location where there is present danger. If impending 117
179+danger is identified, the child protective investigator shall 118
180+create and implement a safety plan as soon as necessary to 119
181+protect the safety of the child. The child protective 120
182+investigator may modify the safety plan if he or she identifies 121
183+additional impending danger. 122
184+ a. If the child protective investigator implements a 123
185+safety plan, the plan must be specific, sufficient, feasible, 124
186+and sustainable in response to the realities of the present or 125
187+
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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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199-safety plan, the plan must be specific, sufficient, feasible, 126
200-and sustainable in response to the realities of the present or 127
201-impending danger. A safety plan may be an in -home plan or an 128
202-out-of-home plan, or a combination of both. A safety plan may 129
203-include tasks or responsibilities for a parent, caregiver, or 130
204-legal custodian. However, a safety plan may not rely on 131
205-promissory commitments by the parent, caregiver, or legal 132
206-custodian who is currently not able to pro tect the child or on 133
207-services that are not available or will not result in the safety 134
208-of the child. A safety plan may not be implemented if for any 135
209-reason the parents, guardian, or legal custodian lacks the 136
210-capacity or ability to comply with the plan. If t he department 137
211-is not able to develop a plan that is specific, sufficient, 138
212-feasible, and sustainable, the department shall file a shelter 139
213-petition. A child protective investigator shall implement 140
214-separate safety plans for the perpetrator of domestic violenc e, 141
215-if the investigator, using reasonable efforts, can locate the 142
216-perpetrator to implement a safety plan, and for the parent who 143
217-is a victim of domestic violence as defined in s. 741.28. 144
218-Reasonable efforts to locate a perpetrator include, but are not 145
219-limited to, a diligent search pursuant to the same requirements 146
220-as in s. 39.503. If the perpetrator of domestic violence is not 147
221-the parent, guardian, or legal custodian of any child in the 148
222-home and if the department does not intend to file a shelter 149
223-petition or dependency petition that will assert allegations 150
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199+impending danger. A safety plan may be an in -home plan or an 126
200+out-of-home plan, or a combination of both. A safety plan may 127
201+include tasks or responsibilities for a parent, caregiver, or 128
202+legal custodian. However, a safety plan may not rely on 129
203+promissory commitments by the parent, caregiver, or legal 130
204+custodian who is currently not able to pro tect the child or on 131
205+services that are not available or will not result in the safety 132
206+of the child. A safety plan may not be implemented if for any 133
207+reason the parents, guardian, or legal custodian lacks the 134
208+capacity or ability to comply with the plan. If t he department 135
209+is not able to develop a plan that is specific, sufficient, 136
210+feasible, and sustainable, the department shall file a shelter 137
211+petition. A child protective investigator shall implement 138
212+separate safety plans for the perpetrator of domestic violenc e, 139
213+if the investigator, using reasonable efforts, can locate the 140
214+perpetrator to implement a safety plan, and for the parent who 141
215+is a victim of domestic violence as defined in s. 741.28. 142
216+Reasonable efforts to locate a perpetrator include, but are not 143
217+limited to, a diligent search pursuant to the same requirements 144
218+as in s. 39.503. If the perpetrator of domestic violence is not 145
219+the parent, guardian, or legal custodian of any child in the 146
220+home and if the department does not intend to file a shelter 147
221+petition or dependency petition that will assert allegations 148
222+against the perpetrator as a parent of a child in the home, the 149
223+child protective investigator shall seek issuance of an 150
224+
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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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236-against the perpetrator as a parent of a child in the home, the 151
237-child protective investigator shall seek issuance of an 152
238-injunction authorized by s. 39.504 to implement a safety plan 153
239-for the perpetrator and i mpose any other conditions to protect 154
240-the child. The safety plan for the parent who is a victim of 155
241-domestic violence may not be shared with the perpetrator. If any 156
242-party to a safety plan fails to comply with the safety plan 157
243-resulting in the child being uns afe, the department shall file a 158
244-shelter petition. 159
245- b. The child protective investigator shall collaborate 160
246-with the community-based care lead agency in the development of 161
247-the safety plan as necessary to ensure that the safety plan is 162
248-specific, sufficient, feasible, and sustainable. The child 163
249-protective investigator shall identify services necessary for 164
250-the successful implementation of the safety plan. The child 165
251-protective investigator and the community -based care lead agency 166
252-shall mobilize service resource s to assist all parties in 167
253-complying with the safety plan. The community -based care lead 168
254-agency shall prioritize safety plan services to families who 169
255-have multiple risk factors, including, but not limited to, two 170
256-or more of the following: 171
257- (I) The parent or legal custodian is of young age; 172
258- (II) The parent or legal custodian, or an adult currently 173
259-living in or frequently visiting the home, has a history of 174
260-substance abuse, mental illness, or domestic violence; 175
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236+injunction authorized by s. 39.504 to implement a safety plan 151
237+for the perpetrator and i mpose any other conditions to protect 152
238+the child. The safety plan for the parent who is a victim of 153
239+domestic violence may not be shared with the perpetrator. If any 154
240+party to a safety plan fails to comply with the safety plan 155
241+resulting in the child being uns afe, the department shall file a 156
242+shelter petition. 157
243+ b. The child protective investigator shall collaborate 158
244+with the community-based care lead agency in the development of 159
245+the safety plan as necessary to ensure that the safety plan is 160
246+specific, sufficient, feasible, and sustainable. The child 161
247+protective investigator shall identify services necessary for 162
248+the successful implementation of the safety plan. The child 163
249+protective investigator and the community -based care lead agency 164
250+shall mobilize service resource s to assist all parties in 165
251+complying with the safety plan. The community -based care lead 166
252+agency shall prioritize safety plan services to families who 167
253+have multiple risk factors, including, but not limited to, two 168
254+or more of the following: 169
255+ (I) The parent or legal custodian is of young age; 170
256+ (II) The parent or legal custodian, or an adult currently 171
257+living in or frequently visiting the home, has a history of 172
258+substance abuse, mental illness, or domestic violence; 173
259+ (III) The parent or legal custodian, or an adult currently 174
260+living in or frequently visiting the home, has been previously 175
261+
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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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273- (III) The parent or legal custodian, or an adult currently 176
274-living in or frequently visiting the home, has been previously 177
275-found to have physically or sexually abused a child; 178
276- (IV) The parent or legal custodian, or an adult currently 179
277-living in or frequently visiting the home, has been the subject 180
278-of multiple allegations by reputable reports of abuse or 181
279-neglect; 182
280- (V) The child is physically or developmentally disabled; 183
281-or 184
282- (VI) The child is 3 years of age or younger. 185
283- c. The child protective investigator shall monitor the 186
284-implementation of the pl an to ensure the child's safety until 187
285-the case is transferred to the lead agency at which time the 188
286-lead agency shall monitor the implementation. 189
287- d. The department may file a petition for shelter or 190
288-dependency without a new child protective investigation or the 191
289-concurrence of the child protective investigator if the child is 192
290-unsafe but for the use of a safety plan and the parent or 193
291-caregiver has not sufficiently increased protective capacities 194
292-within 90 days after the transfer of the safety plan to the lea d 195
293-agency. 196
294- (b) For each report received from the central abuse 197
295-hotline, the department or the sheriff providing child 198
296-protective investigative services under s. 39.3065, shall 199
297-determine the protective, treatment, and ameliorative services 200
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273+found to have physically or sexually abused a child; 176
274+ (IV) The parent or legal custodian, or an adult currently 177
275+living in or frequently visiting the home, has been the subject 178
276+of multiple allegations by reputable reports of abuse or 179
277+neglect; 180
278+ (V) The child is physically or developmentally disabled; 181
279+or 182
280+ (VI) The child is 3 years of age or younger. 183
281+ c. The child protective investigator shall monitor the 184
282+implementation of the pl an to ensure the child's safety until 185
283+the case is transferred to the lead agency at which time the 186
284+lead agency shall monitor the implementation. 187
285+ d. The department may file a petition for shelter or 188
286+dependency without a new child protective investigation or the 189
287+concurrence of the child protective investigator if the child is 190
288+unsafe but for the use of a safety plan and the parent or 191
289+caregiver has not sufficiently increased protective capacities 192
290+within 90 days after the transfer of the safety plan to the lea d 193
291+agency. 194
292+ (b) For each report received from the central abuse 195
293+hotline, the department or the sheriff providing child 196
294+protective investigative services under s. 39.3065, shall 197
295+determine the protective, treatment, and ameliorative services 198
296+necessary to safeguard and ensure the child's safety and well -199
297+being and development, and cause the delivery of those services 200
298+
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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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310-necessary to safeguard and ensure the child's safety and well -201
311-being and development, and cause the delivery of those services 202
312-through the early intervention of the department or its agent. 203
313-If Whenever a delay or disability of the child is suspected, the 204
314-parent must be referred to a local child developmental screening 205
315-program, such as the Child Find program of the Florida 206
316-Diagnostic and Learning Resource System, for screening of the 207
317-child. As applicable, child protective investigators must inform 208
318-parents and caregivers how and when to use the injunction 209
319-process under s. 741.30 to remove a perpetrator of domestic 210
320-violence from the home as an intervention to protect the child. 211
321- 1. If the department or the sheriff providing child 212
322-protective investigative services determines that the interests 213
323-of the child and the public will be best served by providing the 214
324-child care or other treatment voluntarily accepted by the child 215
325-and the parents or legal custodians, the parent or legal 216
326-custodian and child may be referred for such care, ca se 217
327-management, or other community resources. 218
328- 2. If the department or the sheriff providing child 219
329-protective investigative services determines that the child is 220
330-in need of protection and supervision, the department may file a 221
331-petition for dependency. 222
332- 3. If a petition for dependency is not being filed by the 223
333-department, the person or agency originating the report shall be 224
334-advised of the right to file a petition pursuant to this part. 225
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310+through the early intervention of the department or its agent. 201
311+If Whenever a delay or disability of the child is suspected, the 202
312+parent must be referred to a local child developmental screening 203
313+program, such as the Child Find program of the Florida 204
314+Diagnostic and Learning Resource System, for screening of the 205
315+child. As applicable, child protective investigators must inform 206
316+parents and caregivers how and when to use the injunction 207
317+process under s. 741.30 to remove a perpetrator of domestic 208
318+violence from the home as an intervention to protect the child. 209
319+ 1. If the department or the sheriff providing child 210
320+protective investigative services determines that the interests 211
321+of the child and the public will be best served by providing the 212
322+child care or other treatment voluntarily accepted by the child 213
323+and the parents or legal custodians, the parent or legal 214
324+custodian and child may be referred for such care, ca se 215
325+management, or other community resources. 216
326+ 2. If the department or the sheriff providing child 217
327+protective investigative services determines that the child is 218
328+in need of protection and supervision, the department may file a 219
329+petition for dependency. 220
330+ 3. If a petition for dependency is not being filed by the 221
331+department, the person or agency originating the report shall be 222
332+advised of the right to file a petition pursuant to this part. 223
333+ 4. At the close of an investigation, the department or the 224
334+sheriff providing child protective services shall provide to the 225
335+
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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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347- 4. At the close of an investigation, the department or the 226
348-sheriff providing child protective services shall provide to the 227
349-person who is alleged to have caused the abuse, neglect, or 228
350-abandonment and the parent or legal custodian a summary of 229
351-findings from the investigation and provide information about 230
352-their right to access confidential reports in accordance with s. 231
353-39.202. 232
354- Section 5. Subsection (1) of section 39.3068, Florida 233
355-Statutes, is amended to read: 234
356- 39.3068 Reports of medical neglect. — 235
357- (1) Upon receiving a report alleging medical neglect, the 236
358-department or sheriff's office shall assign the case to a child 237
359-protective investigator who has specialized training in 238
360-addressing medical neglect or working with medically complex 239
361-children if such investigator is available. If a child 240
362-protective investigator with speciali zed training is not 241
363-available, the child protective investigator shall consult with 242
364-department staff with such expertise. 243
365- Section 6. Subsection (2) of section 39.307, Florida 244
366-Statutes, is amended to read: 245
367- 39.307 Reports of child -on-child sexual abuse.— 246
368- (2) The department, contracted sheriff's office providing 247
369-protective investigation services, or contracted case management 248
370-personnel responsible for providing services, at a minimum, 249
371-shall adhere to the following procedures: 250
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347+person who is alleged to have caused the abuse, neglect, or 226
348+abandonment and the parent or legal custodian a summary of 227
349+findings from the investigation and provide information about 228
350+their right to access confidential reports in accordance with s. 229
351+39.202. 230
352+ Section 5. Subsection (1) of section 39.3068, Florida 231
353+Statutes, is amended to read: 232
354+ 39.3068 Reports of medical neglect. — 233
355+ (1) Upon receiving a report alleging medical neglect, the 234
356+department or sheriff's office shall assign the case to a child 235
357+protective investigator who has specialized training in 236
358+addressing medical neglect or working with medically complex 237
359+children if such investigator is available. If a child 238
360+protective investigator with speciali zed training is not 239
361+available, the child protective investigator shall consult with 240
362+department staff with such expertise. 241
363+ Section 6. Subsection (2) of section 39.307, Florida 242
364+Statutes, is amended to read: 243
365+ 39.307 Reports of child -on-child sexual abuse.— 244
366+ (2) The department, contracted sheriff's office providing 245
367+protective investigation services, or contracted case management 246
368+personnel responsible for providing services, at a minimum, 247
369+shall adhere to the following procedures: 248
370+ (a) The purpose of the r esponse to a report alleging 249
371+juvenile sexual abuse behavior or inappropriate sexual behavior 250
372+
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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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384- (a) The purpose of the r esponse to a report alleging 251
385-juvenile sexual abuse behavior or inappropriate sexual behavior 252
386-shall be explained to the caregiver. 253
387- 1. The purpose of the response shall be explained in a 254
388-manner consistent with legislative purpose and intent provided 255
389-in this chapter. 256
390- 2. The name and office telephone number of the person 257
391-responding shall be provided to the caregiver of the alleged 258
392-abuser or child who has exhibited inappropriate sexual behavior 259
393-and the victim's caregiver. 260
394- 3. The possible consequences of th e department's response, 261
395-including outcomes and services, shall be explained to the 262
396-caregiver of the alleged abuser or child who has exhibited 263
397-inappropriate sexual behavior and the victim's caregiver. 264
398- (b) The caregiver of the alleged abuser or child who has 265
399-exhibited inappropriate sexual behavior and the victim's 266
400-caregiver shall be involved to the fullest extent possible in 267
401-determining the nature of the sexual behavior concerns and the 268
402-nature of any problem or risk to other children. 269
403- (c) The assessment of risk and the perceived treatment 270
404-needs of the alleged abuser or child who has exhibited 271
405-inappropriate sexual behavior, the victim, and respective 272
406-caregivers shall be conducted by the district staff, the Child 273
407-Protection Team of the D epartment of Health, and other providers 274
408-under contract with the department to provide services to the 275
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384+shall be explained to the caregiver. 251
385+ 1. The purpose of the response shall be explained in a 252
386+manner consistent with legislative purpose and intent provided 253
387+in this chapter. 254
388+ 2. The name and office telephone number of the person 255
389+responding shall be provided to the caregiver of the alleged 256
390+abuser or child who has exhibited inappropriate sexual behavior 257
391+and the victim's caregiver. 258
392+ 3. The possible consequences of th e department's response, 259
393+including outcomes and services, shall be explained to the 260
394+caregiver of the alleged abuser or child who has exhibited 261
395+inappropriate sexual behavior and the victim's caregiver. 262
396+ (b) The caregiver of the alleged abuser or child who has 263
397+exhibited inappropriate sexual behavior and the victim's 264
398+caregiver shall be involved to the fullest extent possible in 265
399+determining the nature of the sexual behavior concerns and the 266
400+nature of any problem or risk to other children. 267
401+ (c) The assessment of risk and the perceived treatment 268
402+needs of the alleged abuser or child who has exhibited 269
403+inappropriate sexual behavior, the victim, and respective 270
404+caregivers shall be conducted by the district staff, the Child 271
405+Protection Team of the Department of Health, and other providers 272
406+under contract with the department to provide services to the 273
407+caregiver of the alleged offender, the victim, and the victim's 274
408+caregiver. 275
409+
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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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421-caregiver of the alleged offender, the victim, and the victim's 276
422-caregiver. 277
423- (d) The assessment shall be conducted in a manner that is 278
424-sensitive to the social, economic, and cultural environment of 279
425-the family. 280
426- (e) If necessary, the Child Protection Team of the 281
427-Department of Health shall conduct a physical examination of the 282
428-victim, which is sufficient to meet forensic requirements. 283
429- (f) Based on the inf ormation obtained from the alleged 284
430-abuser or child who has exhibited inappropriate sexual behavior, 285
431-his or her caregiver, the victim, and the victim's caregiver, an 286
432-assessment of service and treatment needs must be completed and, 287
433-if needed, a case plan dev eloped within 30 days. 288
434- (g) The department shall classify the outcome of the 289
435-report as follows: 290
436- 1. Report closed. Services were not offered because the 291
437-department determined that there was no basis for intervention. 292
438- 2. Services accepted by alleged abu ser. Services were 293
439-offered to the alleged abuser or child who has exhibited 294
440-inappropriate sexual behavior and accepted by the caregiver. 295
441- 3. Report closed. Services were offered to the alleged 296
442-abuser or child who has exhibited inappropriate sexual behavio r, 297
443-but were rejected by the caregiver. 298
444- 4. Notification to law enforcement. The risk to the 299
445-victim's safety and well -being cannot be reduced by the 300
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421+ (d) The assessment shall be conducted in a manner that is 276
422+sensitive to the social, economic, and cultural environment of 277
423+the family. 278
424+ (e) If necessary, the Child Protection Team of the 279
425+Department of Health shall conduct a physical examination of the 280
426+victim, which is sufficient to meet forensic requirements. 281
427+ (f) Based on the information obtained fr om the alleged 282
428+abuser or child who has exhibited inappropriate sexual behavior, 283
429+his or her caregiver, the victim, and the victim's caregiver, an 284
430+assessment of service and treatment needs must be completed and, 285
431+if needed, a case plan developed within 30 day s. 286
432+ (g) The department shall classify the outcome of the 287
433+report as follows: 288
434+ 1. Report closed. Services were not offered because the 289
435+department determined that there was no basis for intervention. 290
436+ 2. Services accepted by alleged abuser. Services were 291
437+offered to the alleged abuser or child who has exhibited 292
438+inappropriate sexual behavior and accepted by the caregiver. 293
439+ 3. Report closed. Services were offered to the alleged 294
440+abuser or child who has exhibited inappropriate sexual behavior, 295
441+but were rejected by the caregiver. 296
442+ 4. Notification to law enforcement. The risk to the 297
443+victim's safety and well -being cannot be reduced by the 298
444+provision of services or the caregiver rejected services, and 299
445+notification of the alleged delinquent act or violation of law 300
446+
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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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457457
458-provision of services or the caregiver rejected services, and 301
459-notification of the alleged delinquent act or violation of law 302
460-to the appropriate law enforcement agency was initiated. 303
461- 5. Services accepted by victim. Services were offered to 304
462-the victim and accepted by the caregiver. 305
463- 6. Report closed. Services were offered to the victim but 306
464-were rejected by the caregiver. 307
465- Section 7. Section 39.308, Florida Statutes, is amended to 308
466-read: 309
467- 39.308 Guidelines for onsite child protective 310
468-investigation.—The Department of Children and Families , in 311
469-collaboration with the sheriffs' offices, shall develop 312
470-guidelines for conducting an onsite child protective 313
471-investigation that specifically does not require the additional 314
472-activities required by the department and for conducting an 315
473-enhanced child protective investigation, including determining 316
474-whether compelling evidence exists that no maltreatment 317
475-occurred, conducting collateral contacts, contacting the 318
476-reporter, updating the risk assessment, and providing for 319
477-differential levels of documentation between an onsite and an 320
478-enhanced onsite child protective investigation. 321
479- Section 8. Subsection (3) of section 39.4015, Florida 322
480-Statutes, is amended to read: 323
481- 39.4015 Family finding. — 324
482- (3) FAMILY-FINDING PROGRAM.—The department, in 325
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458+to the appropriate law enforcement agency was initiated. 301
459+ 5. Services accepted by victim. Services were offered to 302
460+the victim and accepted by the caregiver. 303
461+ 6. Report closed. Services were offered to the victim but 304
462+were rejected by the caregiver. 305
463+ Section 7. Section 39.308, Florida Statutes, is amended to 306
464+read: 307
465+ 39.308 Guidelines for onsite child protective 308
466+investigation.—The Department of Children and Families , in 309
467+collaboration with the sheriffs' offices, shall develop 310
468+guidelines for conducting an ons ite child protective 311
469+investigation that specifically does not require the additional 312
470+activities required by the department and for conducting an 313
471+enhanced child protective investigation, including determining 314
472+whether compelling evidence exists that no maltr eatment 315
473+occurred, conducting collateral contacts, contacting the 316
474+reporter, updating the risk assessment, and providing for 317
475+differential levels of documentation between an onsite and an 318
476+enhanced onsite child protective investigation. 319
477+ Section 8. Subsecti on (3) of section 39.4015, Florida 320
478+Statutes, is amended to read: 321
479+ 39.4015 Family finding. — 322
480+ (3) FAMILY-FINDING PROGRAM.—The department, in 323
481+collaboration with sheriffs' offices that conduct child 324
482+protective investigations and community-based care lead 325
483+
484+HB 7061 2023
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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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495-collaboration with sheriffs' offices that conduct child 326
496-protective investigations and community-based care lead 327
497-agencies, shall develop a formal family -finding program to be 328
498-implemented by child protective investigators and community -329
499-based care lead agencies. 330
500- (a) Family-finding efforts shall begin as soon as a child 331
501-is taken into custody of the de partment, pursuant to s. 39.401, 332
502-and throughout the duration of the case as necessary, finding 333
503-and engaging with as many family members and fictive kin as 334
504-possible for each child who may help with care or support for 335
505-the child. The department or community -based care lead agency 336
506-must specifically document strategies taken to locate and engage 337
507-relatives and fictive kin. Strategies of engagement may include, 338
508-but are not limited to, asking the relatives and fictive kin to: 339
509- 1. Participate in a family group dec isionmaking 340
510-conference, family team conferencing, or other family meetings 341
511-aimed at developing or supporting the family service plan; 342
512- 2. Attend visitations with the child; 343
513- 3. Assist in transportation of the child; 344
514- 4. Provide respite or child care ser vices; or 345
515- 5. Provide actual kinship care. 346
516- (b) The family-finding program shall provide the 347
517-department and the community -based care lead agencies with best 348
518-practices for identifying family and fictive kin. The family -349
519-finding program must use diligent ef forts in family finding and 350
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495+agencies, shall develop a formal family -finding program to be 326
496+implemented by child protective investigators and community -327
497+based care lead agencies. 328
498+ (a) Family-finding efforts shall begin as soon as a child 329
499+is taken into custody of the department, pursuant t o s. 39.401, 330
500+and throughout the duration of the case as necessary, finding 331
501+and engaging with as many family members and fictive kin as 332
502+possible for each child who may help with care or support for 333
503+the child. The department or community -based care lead agen cy 334
504+must specifically document strategies taken to locate and engage 335
505+relatives and fictive kin. Strategies of engagement may include, 336
506+but are not limited to, asking the relatives and fictive kin to: 337
507+ 1. Participate in a family group decisionmaking 338
508+conference, family team conferencing, or other family meetings 339
509+aimed at developing or supporting the family service plan; 340
510+ 2. Attend visitations with the child; 341
511+ 3. Assist in transportation of the child; 342
512+ 4. Provide respite or child care services; or 343
513+ 5. Provide actual kinship care. 344
514+ (b) The family-finding program shall provide the 345
515+department and the community -based care lead agencies with best 346
516+practices for identifying family and fictive kin. The family -347
517+finding program must use diligent efforts in family find ing and 348
518+must continue those efforts until multiple relatives and fictive 349
519+kin are identified. Family -finding efforts by the department and 350
520+
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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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532-must continue those efforts until multiple relatives and fictive 351
533-kin are identified. Family -finding efforts by the department and 352
534-the community-based care lead agency may include, but are not 353
535-limited to: 354
536- 1. Searching for and l ocating adult relatives and fictive 355
537-kin. 356
538- 2. Identifying and building positive connections between 357
539-the child and the child's relatives and fictive kin. 358
540- 3. Supporting the engagement of relatives and fictive kin 359
541-in social service planning and delivery of services and creating 360
542-a network of extended family support to assist in remedying the 361
543-concerns that led to the child becoming involved with the child 362
544-welfare system, when appropriate. 363
545- 4. Maintaining family connections, when possible. 364
546- 5. Keeping siblings together in care, when in the best 365
547-interest of each child and when possible. 366
548- (c) To be compliant with this section, family -finding 367
549-efforts must go beyond basic searching tools by exploring 368
550-alternative tools and methodologies. A basic computer search 369
551-using the Internet or attempts to contact known relatives at a 370
552-last known address or telephone number do not constitute 371
553-effective family finding. 372
554- Section 9. Paragraph (e) of subsection (2) of section 373
555-39.523, Florida Statutes, is amended to read: 374
556- 39.523 Placement in out-of-home care.— 375
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532+the community-based care lead agency may include, but are not 351
533+limited to: 352
534+ 1. Searching for and locating adult relati ves and fictive 353
535+kin. 354
536+ 2. Identifying and building positive connections between 355
537+the child and the child's relatives and fictive kin. 356
538+ 3. Supporting the engagement of relatives and fictive kin 357
539+in social service planning and delivery of services and creatin g 358
540+a network of extended family support to assist in remedying the 359
541+concerns that led to the child becoming involved with the child 360
542+welfare system, when appropriate. 361
543+ 4. Maintaining family connections, when possible. 362
544+ 5. Keeping siblings together in care, when in the best 363
545+interest of each child and when possible. 364
546+ (c) To be compliant with this section, family -finding 365
547+efforts must go beyond basic searching tools by exploring 366
548+alternative tools and methodologies. A basic computer search 367
549+using the Internet or attempts to contact known relatives at a 368
550+last known address or telephone number do not constitute 369
551+effective family finding. 370
552+ Section 9. Paragraph (e) of subsection (2) of section 371
553+39.523, Florida Statutes, is amended to read: 372
554+ 39.523 Placement in out-of-home care.— 373
555+ (2) ASSESSMENT AND PLACEMENT. —When any child is removed 374
556+from a home and placed in out -of-home care, a comprehensive 375
557+
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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
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569- (2) ASSESSMENT AND PLACEMENT. —When any child is removed 376
570-from a home and placed in out -of-home care, a comprehensive 377
571-placement assessment process shall be completed in accordance 378
572-with s. 39.4022 to determine the level of c are needed by the 379
573-child and match the child with the most appropriate placement. 380
574- (e) The department, a sheriff's office acting under s. 381
575-39.3065, a community-based care lead agency, or a case 382
576-management organization must document all placement assessments 383
577-and placement decisions in the Florida Safe Families Network. 384
578- Section 10. Subsection (1) and paragraph (a) of subsection 385
579-(3) of section 39.524, Florida Statutes, are amended to read: 386
580- 39.524 Safe-harbor placement.— 387
581- (1) Except as provided in s. 39.4 07 or s. 985.801, a 388
582-dependent child 6 years of age or older who is suspected of 389
583-being or has been found to be a victim of commercial sexual 390
584-exploitation as defined in s. 409.016 must be assessed, and the 391
585-department or a sheriff's office acting under s. 39. 3065 must 392
586-conduct a multidisciplinary staffing pursuant to s. 409.1754(2), 393
587-to determine the child's need for services and his or her need 394
588-for placement in a safe house or safe foster home as provided in 395
589-s. 409.1678 using the initial screening and assessmen t 396
590-instruments provided in s. 409.1754(1). If such placement is 397
591-determined to be appropriate for the child as a result of this 398
592-assessment, the child may be placed in a safe house or safe 399
593-foster home, if one is available. However, the child may be 400
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569+placement assessment process shall be completed in accordance 376
570+with s. 39.4022 to determine the level of care needed by the 377
571+child and match the child with the most appropriate placement. 378
572+ (e) The department, a sheriff's office acting under s. 379
573+39.3065, a community-based care lead agency, or a case 380
574+management organization must document all placement assessments 381
575+and placement decisions in the Florida Safe Families Network. 382
576+ Section 10. Subsection (1) and paragraph (a) of subsection 383
577+(3) of section 39.524, Florida Statutes, are amended to read: 384
578+ 39.524 Safe-harbor placement.— 385
579+ (1) Except as provided in s. 39.407 or s. 985.8 01, a 386
580+dependent child 6 years of age or older who is suspected of 387
581+being or has been found to be a victim of commercial sexual 388
582+exploitation as defined in s. 409.016 must be assessed, and the 389
583+department or a sheriff's office acting under s. 39.3065 must 390
584+conduct a multidisciplinary staffing pursuant to s. 409.1754(2), 391
585+to determine the child's need for services and his or her need 392
586+for placement in a safe house or safe foster home as provided in 393
587+s. 409.1678 using the initial screening and assessment 394
588+instruments provided in s. 409.1754(1). If such placement is 395
589+determined to be appropriate for the child as a result of this 396
590+assessment, the child may be placed in a safe house or safe 397
591+foster home, if one is available. However, the child may be 398
592+placed in another settin g, if the other setting is more 399
593+appropriate to the child's needs or if a safe house or safe 400
594+
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606-placed in another setting, if the other setting is more 401
607-appropriate to the child's needs or if a safe house or safe 402
608-foster home is unavailable, as long as the child's behaviors are 403
609-managed so as not to endanger other children served in that 404
610-setting. 405
611- (3)(a) By October 1 of each year, the department, with 406
612-information from community -based care agencies and certain 407
613-sheriff's offices acting under s. 39.3065 , shall report to the 408
614-Legislature on the prevalence of child commercial sexual 409
615-exploitation; the specialized servic es provided and placement of 410
616-such children; the local service capacity assessed pursuant to 411
617-s. 409.1754; the placement of children in safe houses and safe 412
618-foster homes during the year, including the criteria used to 413
619-determine the placement of children; the number of children who 414
620-were evaluated for placement; the number of children who were 415
621-placed based upon the evaluation; the number of children who 416
622-were not placed; and the department's response to the findings 417
623-and recommendations made by the Office of Prog ram Policy 418
624-Analysis and Government Accountability in its annual study on 419
625-commercial sexual exploitation of children, as required by s. 420
626-409.16791. 421
627- Section 11. Paragraph (h) of subsection (3) and paragraphs 422
628-(b) and (c) of subsection (5) of section 402.40, Florida 423
629-Statutes, are amended to read: 424
630- 402.40 Child welfare training and certification. — 425
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606+foster home is unavailable, as long as the child's behaviors are 401
607+managed so as not to endanger other children served in that 402
608+setting. 403
609+ (3)(a) By October 1 of each year, the department, with 404
610+information from community -based care agencies and certain 405
611+sheriff's offices acting under s. 39.3065 , shall report to the 406
612+Legislature on the prevalence of child commercial sexual 407
613+exploitation; the specialized services provided an d placement of 408
614+such children; the local service capacity assessed pursuant to 409
615+s. 409.1754; the placement of children in safe houses and safe 410
616+foster homes during the year, including the criteria used to 411
617+determine the placement of children; the number of chi ldren who 412
618+were evaluated for placement; the number of children who were 413
619+placed based upon the evaluation; the number of children who 414
620+were not placed; and the department's response to the findings 415
621+and recommendations made by the Office of Program Policy 416
622+Analysis and Government Accountability in its annual study on 417
623+commercial sexual exploitation of children, as required by s. 418
624+409.16791. 419
625+ Section 11. Paragraph (h) of subsection (3) and paragraphs 420
626+(b) and (c) of subsection (5) of section 402.40, Florida 421
627+Statutes, are amended to read: 422
628+ 402.40 Child welfare training and certification. — 423
629+ (3) THIRD-PARTY CREDENTIALING ENTITIES. —The department 424
630+shall approve one or more third -party credentialing entities for 425
631+
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643- (3) THIRD-PARTY CREDENTIALING ENTITIES. —The department 426
644-shall approve one or more third -party credentialing entitie s for 427
645-the purpose of developing and administering child welfare 428
646-certification programs for persons who provide child welfare 429
647-services. A third-party credentialing entity shall request such 430
648-approval in writing from the department. In order to obtain 431
649-approval, the third-party credentialing entity must: 432
650- (h) Maintain an advisory committee, including 433
651-representatives from each region of the department , each 434
652-sheriff's office providing child protective services, and each 435
653-community-based care lead agency, who shal l be appointed by the 436
654-organization they represent. The third -party credentialing 437
655-entity may appoint additional members to the advisory committee. 438
656- (5) CORE COMPETENCIES AND SPECIALIZATIONS. — 439
657- (b) The identification of these core competencies and 440
658-development of preservice curricula shall be a collaborative 441
659-effort that includes professionals who have expertise in child 442
660-welfare services, department -approved third-party credentialing 443
661-entities, and providers that will be affected by the curriculum, 444
662-including, but not limited to, representatives from the 445
663-community-based care lead agencies, the Florida Alcohol and Drug 446
664-Abuse Association, the Florida Council for Community Mental 447
665-Health, sheriffs' offices conducting child protection 448
666-investigations, and child welfare legal services providers. 449
667- (c) Community-based care agencies, sheriffs' offices, and 450
668-ENROLLED
669-HB 7061, Engrossed 1 2023 Legislature
643+the purpose of developing and administering child welfa re 426
644+certification programs for persons who provide child welfare 427
645+services. A third-party credentialing entity shall request such 428
646+approval in writing from the department. In order to obtain 429
647+approval, the third-party credentialing entity must: 430
648+ (h) Maintain an advisory committee, including 431
649+representatives from each region of the department , each 432
650+sheriff's office providing child protective services, and each 433
651+community-based care lead agency, who shall be appointed by the 434
652+organization they represent. The third -party credentialing 435
653+entity may appoint additional members to the advisory committee. 436
654+ (5) CORE COMPETENCIES AND SPECIALIZATIONS. — 437
655+ (b) The identification of these core competencies and 438
656+development of preservice curricula shall be a collaborative 439
657+effort that includes professionals who have expertise in child 440
658+welfare services, department -approved third-party credentialing 441
659+entities, and providers that will be affected by the curriculum, 442
660+including, but not limited to, representatives from the 443
661+community-based care lead agencies, the Florida Alcohol and Drug 444
662+Abuse Association, the Florida Council for Community Mental 445
663+Health, sheriffs' offices conducting child protection 446
664+investigations, and child welfare legal services providers. 447
665+ (c) Community-based care agencies, sheriffs' offices, and 448
666+the department may contract for the delivery of preservice and 449
667+any additional training for persons delivering child welfare 450
668+
669+HB 7061 2023
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676676 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
677677
678678
679679
680-the department may contract for the delivery of preservice and 451
681-any additional training for persons delivering child welfare 452
682-services if the curriculum satisfies the dep artment-approved 453
683-core competencies. 454
684- Section 12. Subsection (2) of section 402.402, Florida 455
685-Statutes, is amended to read: 456
686- 402.402 Child protection and child welfare personnel; 457
687-attorneys employed by the department. — 458
688- (2) SPECIALIZED TRAINING. —All child protective 459
689-investigators and child protective investigation supervisors 460
690-employed by the department or a sheriff's office must complete 461
691-the following specialized training: 462
692- (a) Training on the recognition of and responses to head 463
693-trauma and brain injury in a child under 6 years of age 464
694-developed by the Child Protection Team Program within the 465
695-Department of Health. 466
696- (b) Training that is either focused on serving a specific 467
697-population, including, but not limited to, medically fragile 468
698-children, sexually expl oited children, children under 3 years of 469
699-age, or families with a history of domestic violence, mental 470
700-illness, or substance abuse, or focused on performing certain 471
701-aspects of child protection practice, including, but not limited 472
702-to, investigation techniqu es and analysis of family dynamics. 473
703- 474
704-The specialized training may be used to fulfill continuing 475
705-ENROLLED
706-HB 7061, Engrossed 1 2023 Legislature
680+services if the curriculum satisfies the department -approved 451
681+core competencies. 452
682+ Section 12. Subsectio n (2) of section 402.402, Florida 453
683+Statutes, is amended to read: 454
684+ 402.402 Child protection and child welfare personnel; 455
685+attorneys employed by the department. — 456
686+ (2) SPECIALIZED TRAINING. —All child protective 457
687+investigators and child protective investigation supervisors 458
688+employed by the department or a sheriff's office must complete 459
689+the following specialized training: 460
690+ (a) Training on the recognition of and responses to head 461
691+trauma and brain injury in a child under 6 years of age 462
692+developed by the Child Protec tion Team Program within the 463
693+Department of Health. 464
694+ (b) Training that is either focused on serving a specific 465
695+population, including, but not limited to, medically fragile 466
696+children, sexually exploited children, children under 3 years of 467
697+age, or families with a history of domestic violence, mental 468
698+illness, or substance abuse, or focused on performing certain 469
699+aspects of child protection practice, including, but not limited 470
700+to, investigation techniques and analysis of family dynamics. 471
701+ 472
702+The specialized training may be used to fulfill continuing 473
703+education requirements under s. 402.40(3)(e). Individuals hired 474
704+on or after July 1, 2014, shall complete the specialized 475
705+
706+HB 7061 2023
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713713 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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716716
717-education requirements under s. 402.40(3)(e). Individuals hired 476
718-on or after July 1, 2014, shall complete the specialized 477
719-training within 2 years after hire. An individual may receive 478
720-specialized training in multiple areas. 479
721- Section 13. Paragraph (d) of subsection (1), paragraphs 480
722-(a), (b), (d), and (e) of subsection (2), and paragraph (a) of 481
723-subsection (3) of section 409.1754, Florida Statutes, are 482
724-amended to read: 483
725- 409.1754 Commercial sexual exploitation of children; 484
726-screening and assessment; training; multidisciplinary staffings; 485
727-service plans.— 486
728- (1) SCREENING AND ASSESSMENT. — 487
729- (d) The department, or a sheriff's office acting under s. 488
730-39.3065, the Department of Juvenile Justice, and community -based 489
731-care lead agencies may use additional assessment instruments in 490
732-the course of serving sexually exploited children. 491
733- (2) MULTIDISCIPLINARY STAFFINGS AND SERVICE PLANS. — 492
734- (a) The department, or a sheriff's office acting under s. 493
735-39.3065, shall conduct a multidisciplinary staffing for each 494
736-child who is a suspected or verified victim of commercial sexual 495
737-exploitation. The department or sheriff's office shall 496
738-coordinate the staffing and invite individuals involved in the 497
739-child's care, including, but not limited to, the child, if 498
740-appropriate; the child's family or legal guardian; the child's 499
741-guardian ad litem; Department of Juvenile Justice staff; school 500
742-ENROLLED
743-HB 7061, Engrossed 1 2023 Legislature
717+training within 2 years after hire. An individual may receive 476
718+specialized training in multiple areas . 477
719+ Section 13. Paragraph (d) of subsection (1), paragraphs 478
720+(a), (b), (d), and (e) of subsection (2), and paragraph (a) of 479
721+subsection (3) of section 409.1754, Florida Statutes, are 480
722+amended to read: 481
723+ 409.1754 Commercial sexual exploitation of children; 482
724+screening and assessment; training; multidisciplinary staffings; 483
725+service plans.— 484
726+ (1) SCREENING AND ASSESSMENT. — 485
727+ (d) The department, or a sheriff's office acting under s. 486
728+39.3065, the Department of Juvenile Justice, and community -based 487
729+care lead agencies may use additional assessment instruments in 488
730+the course of serving sexually exploited children. 489
731+ (2) MULTIDISCIPLINARY STAFFINGS AND SERVICE PLANS. — 490
732+ (a) The department, or a sheriff's office acting under s. 491
733+39.3065, shall conduct a multidisciplinary s taffing for each 492
734+child who is a suspected or verified victim of commercial sexual 493
735+exploitation. The department or sheriff's office shall 494
736+coordinate the staffing and invite individuals involved in the 495
737+child's care, including, but not limited to, the child, if 496
738+appropriate; the child's family or legal guardian; the child's 497
739+guardian ad litem; Department of Juvenile Justice staff; school 498
740+district staff; local health and human services providers; 499
741+victim advocates; and any other persons who may be able to 500
742+
743+HB 7061 2023
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750750 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
751751
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754-district staff; local health and human services providers; 501
755-victim advocates; and any other persons who may be able to 502
756-assist the child. 503
757- (b) The staffing must use the assessment, local services, 504
758-and local protocols required by this section to develop a 505
759-service plan. The service plan must identify the needs of the 506
760-child and his or her family, the local services available to 507
761-meet those needs, and whether placement in a safe house or safe 508
762-foster home is needed. If the child is dependent, the case plan 509
763-required by s. 39.6011 may meet the requirement for a service 510
764-plan, but must be amended to incorporate the results of the 511
765-multidisciplinary staffing. If the child is not dependent, the 512
766-service plan is voluntary, and the department or sheriff's 513
767-office shall provide the plan to the victim and his or her 514
768-family or legal guardian a nd offer to make any needed referrals 515
769-to local service providers. 516
770- (d) The department, or a sheriff's office acting under s. 517
771-39.3065, shall follow up with all verified victims of commercial 518
772-sexual exploitation who are dependent within 6 months of the 519
773-completion of the child abuse investigation, and such 520
774-information must be included in the report required under s. 521
775-39.524. The followup must determine the following: 522
776- 1. Whether a referral was made for the services 523
777-recommended in the service plan; 524
778- 2. Whether the services were received and, if not, the 525
779-ENROLLED
780-HB 7061, Engrossed 1 2023 Legislature
754+assist the child. 501
755+ (b) The staffing must use the assessment, local services, 502
756+and local protocols required by this section to develop a 503
757+service plan. The service plan must identify the needs of the 504
758+child and his or her family, the local services available to 505
759+meet those needs, and whether placement in a safe house or safe 506
760+foster home is needed. If the child is dependent, the case plan 507
761+required by s. 39.6011 may meet the requirement for a service 508
762+plan, but must be amended to incorporate the results of the 509
763+multidisciplinary staffing. If the child is not dependent, the 510
764+service plan is voluntary, and the department or sheriff's 511
765+office shall provide the plan to the victim and his or her 512
766+family or legal guardian and offer to make any needed referrals 513
767+to local service provi ders. 514
768+ (d) The department, or a sheriff's office acting under s. 515
769+39.3065, shall follow up with all verified victims of commercial 516
770+sexual exploitation who are dependent within 6 months of the 517
771+completion of the child abuse investigation, and such 518
772+information must be included in the report required under s. 519
773+39.524. The followup mu st determine the following: 520
774+ 1. Whether a referral was made for the services 521
775+recommended in the service plan; 522
776+ 2. Whether the services were received and, if not, the 523
777+reasons why; 524
778+ 3. Whether the services or treatments were completed and, 525
779+
780+HB 7061 2023
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787787 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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791-reasons why; 526
792- 3. Whether the services or treatments were completed and, 527
793-if not, the reasons why; 528
794- 4. Whether the victim has experienced commercial sexual 529
795-exploitation since the verified report; 530
796- 5. Whether the victim has run away since the verified 531
797-report; 532
798- 6. The type and number of placements, if applicable; 533
799- 7. The educational status of the child; 534
800- 8. The employment status of the child; and 535
801- 9. Whether the child has been involved in the juvenile or 536
802-criminal justice system. 537
803- (e) The department, or a sheriff's office acting under s. 538
804-39.3065, shall follow up with all verified victims of commercial 539
805-sexual exploitation who are not dependent within 6 months after 540
806-the child abuse investigation is completed , and the information 541
807-must be used in the report required under s. 39.524. The 542
808-followup for nondependent victims and their families is 543
809-voluntary, and the victim, family, or legal guardian is not 544
810-required to respond. The followup must attempt to determine t he 545
811-following: 546
812- 1. Whether a referral was made for the services 547
813-recommended in the service plan; 548
814- 2. Whether the services were received and, if not, the 549
815-reasons why; 550
816-ENROLLED
817-HB 7061, Engrossed 1 2023 Legislature
791+if not, the reasons why; 526
792+ 4. Whether the victim has experienced commercial sexual 527
793+exploitation since the verified report; 528
794+ 5. Whether the victim has run away since the verified 529
795+report; 530
796+ 6. The type and number of placements, if applicable; 531
797+ 7. The educational status o f the child; 532
798+ 8. The employment status of the child; and 533
799+ 9. Whether the child has been involved in the juvenile or 534
800+criminal justice system. 535
801+ (e) The department, or a sheriff's office acting under s. 536
802+39.3065, shall follow up with all verified victims of commercial 537
803+sexual exploitation who are not dependent within 6 months after 538
804+the child abuse investigation is completed, and the information 539
805+must be used in the report required under s. 39.524. The 540
806+followup for nondependent victims and their families is 541
807+voluntary, and the victim, family, or legal guardian is not 542
808+required to respond. The followup must attempt to determine the 543
809+following: 544
810+ 1. Whether a referral was made for the services 545
811+recommended in the service plan; 546
812+ 2. Whether the services were received a nd, if not, the 547
813+reasons why; 548
814+ 3. Whether the services or treatments were completed and, 549
815+if not, the reasons why; 550
816+
817+HB 7061 2023
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824824 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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828- 3. Whether the services or treatments were completed and, 551
829-if not, the reasons why; 552
830- 4. Whether the victim has experienced commercial sexual 553
831-exploitation since the verified report; 554
832- 5. Whether the victim has run away since the verified 555
833-report; 556
834- 6. The educational status of the child; 557
835- 7. The employment status of the child; and 558
836- 8. Whether the child has been involved in the juvenile or 559
837-criminal justice system. 560
838- (3) TRAINING; LOCAL PROTOCOLS. — 561
839- (a) The department, or a sheriff's office acting under s. 562
840-39.3065, and community-based care lead agencies shall ensure 563
841-that cases in which a child is alleged, suspected, or known to 564
842-be a victim of commercial sexual exploitation are assigned to 565
843-child protective investigators and case managers who have 566
844-specialized intensive training in handling cases involving a 567
845-sexually exploited child. The departmen t, sheriff's office, and 568
846-lead agencies shall ensure that child protective investigators 569
847-and case managers receive this training before accepting a case 570
848-involving a commercially sexually exploited child. 571
849- Section 14. Paragraph (a) of subsection (4) of se ction 572
850-937.021, Florida Statutes, is amended to read: 573
851- 937.021 Missing child and missing adult reports. — 574
852- (4)(a) Upon the filing of a police report that a child is 575
853-ENROLLED
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828+ 4. Whether the victim has experienced commercial sexual 551
829+exploitation since the verified report; 552
830+ 5. Whether the victim has run away since t he verified 553
831+report; 554
832+ 6. The educational status of the child; 555
833+ 7. The employment status of the child; and 556
834+ 8. Whether the child has been involved in the juvenile or 557
835+criminal justice system. 558
836+ (3) TRAINING; LOCAL PROTOCOLS. — 559
837+ (a) The department, or a sheriff's office acting under s. 560
838+39.3065, and community-based care lead agencies shall ensure 561
839+that cases in which a child is alleged, suspected, or known to 562
840+be a victim of commercial sexual exploitation are assigned to 563
841+child protective investigators and case managers who have 564
842+specialized intensive training in handling cases involving a 565
843+sexually exploited child. The department , sheriff's office, and 566
844+lead agencies shall ensure that child protective investigators 567
845+and case managers receive this training before acc epting a case 568
846+involving a commercially sexually exploited child. 569
847+ Section 14. Paragraph (a) of subsection (4) of section 570
848+937.021, Florida Statutes, is amended to read: 571
849+ 937.021 Missing child and missing adult reports. — 572
850+ (4)(a) Upon the filing of a pol ice report that a child is 573
851+missing by the parent or guardian, the Department of Children 574
852+and Families, or a community-based care provider, or a sheriff's 575
853+
854+HB 7061 2023
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861861 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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865-missing by the parent or guardian, the Department of Children 576
866-and Families, or a community-based care provider, or a sheriff's 577
867-office providing investigative services for the department, the 578
868-law enforcement agency receiving the report shall immediately 579
869-inform all on-duty law enforcement officers of the missing child 580
870-report, communicate the repor t to every other law enforcement 581
871-agency having jurisdiction in the county, and within 2 hours 582
872-after receipt of the report, transmit the report for inclusion 583
873-within the Florida Crime Information Center and the National 584
874-Crime Information Center databases. A law enforcement agency may 585
875-not require a reporter to present an order that a child be taken 586
876-into custody or any other such order before accepting a report 587
877-that a child is missing. 588
878- Section 15. Subsection (3) and paragraph (a) of subsection 589
879-(9) of section 1004.615, Florida Statutes, are amended to read: 590
880- 1004.615 Florida Institute for Child Welfare. — 591
881- (3) The institute shall work with the department, sheriffs 592
882-providing child protective investigative services, community-593
883-based care lead agencies, communit y-based care provider 594
884-organizations, the court system, the Department of Juvenile 595
885-Justice, and other partners who contribute to and participate in 596
886-providing child protection and child welfare services. 597
887- (9) By October 1 of each year, the institute shall p rovide 598
888-a written report to the Governor, the President of the Senate, 599
889-and the Speaker of the House of Representatives which outlines 600
890-ENROLLED
891-HB 7061, Engrossed 1 2023 Legislature
865+office providing investigative services for the department, the 576
866+law enforcement agency receiving the r eport shall immediately 577
867+inform all on-duty law enforcement officers of the missing child 578
868+report, communicate the report to every other law enforcement 579
869+agency having jurisdiction in the county, and within 2 hours 580
870+after receipt of the report, transmit the re port for inclusion 581
871+within the Florida Crime Information Center and the National 582
872+Crime Information Center databases. A law enforcement agency may 583
873+not require a reporter to present an order that a child be taken 584
874+into custody or any other such order before ac cepting a report 585
875+that a child is missing. 586
876+ Section 15. Subsection (3) and paragraph (a) of subsection 587
877+(9) of section 1004.615, Florida Statutes, are amended to read: 588
878+ 1004.615 Florida Institute for Child Welfare. — 589
879+ (3) The institute shall work with th e department, sheriffs 590
880+providing child protective investigative services, community-591
881+based care lead agencies, community -based care provider 592
882+organizations, the court system, the Department of Juvenile 593
883+Justice, and other partners who contribute to and partic ipate in 594
884+providing child protection and child welfare services. 595
885+ (9) By October 1 of each year, the institute shall provide 596
886+a written report to the Governor, the President of the Senate, 597
887+and the Speaker of the House of Representatives which outlines 598
888+its activities in the preceding year, reports significant 599
889+research findings, as well as results of other programs, and 600
890+
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902-its activities in the preceding year, reports significant 601
903-research findings, as well as results of other programs, and 602
904-provides specific recommendations for improving child protection 603
905-and child welfare services. 604
906- (a) The institute shall include an evaluation of the 605
907-results of the educational and training requirements for child 606
908-protection and child welfare personnel establishe d under this 607
909-act and recommendations for application of the results to child 608
910-protection personnel employed by sheriff's offices providing 609
911-child protection services in its report due October 1, 2017. 610
912- Section 16. Notwithstanding s. 39.3065, Florida Statutes, 611
913-the sheriffs providing child protective investigative services 612
914-in Pinellas County, Manatee County, Broward County, Pasco 613
915-County, Hillsborough County, Seminole County, and Walton County 614
916-shall transfer such funct ions to the Department of Children and 615
917-Families. 616
918- (1) The department and each sheriff must mutually agree on 617
919-a date, no later than December 31, 2023, by which the transfer 618
920-of child protective investigative service functions must be 619
921-finalized. On the dates agreed to by each sheriff and the 620
922-department for the finalization of the transfer of functions, 621
923-the department becomes the custodian of all department files and 622
924-documents previously maintained by each sheriff related to the 623
925-provision of child protective i nvestigative services. The 624
926-sheriffs remain the custodians of all nondepartment files and 625
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902+provides specific recommendations for improving child protection 601
903+and child welfare services. 602
904+ (a) The institute shall include an evaluation o f the 603
905+results of the educational and training requirements for child 604
906+protection and child welfare personnel established under this 605
907+act and recommendations for application of the results to child 606
908+protection personnel employed by sheriff's offices providing 607
909+child protection services in its report due October 1, 2017. 608
910+ Section 16. Notwithstanding s. 39.3065, Florida Statutes, 609
911+the sheriffs providing child protective investigative services 610
912+in Pinellas County, Manatee County, Broward County, Pasco 611
913+County, Hillsborough County, Seminole County, and Walton County 612
914+shall transfer such functions to the Department of Children and 613
915+Families. 614
916+ (1) The department and each sheriff must mutually agree on 615
917+a date, no later than December 31, 2023, by which the transfer 616
918+of child protective investigative service functions must be 617
919+finalized. On the dates agreed to by each sheriff and the 618
920+department for the finalization of the transfer of functions, 619
921+the department becomes the custodian of all department files and 620
922+documents previously maintained by each sheriff related to the 621
923+provision of child protective investigative services. The 622
924+sheriffs remain the custodians of all nondepartment files and 623
925+documents created by the sheriffs before the date of transfer. 624
926+ (2) The department an d each sheriff providing child 625
927+
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939-documents created by the sheriffs before the date of transfer. 626
940- (2) The department and each sheriff providing child 627
941-protective investigative services must complete an inventory of 628
942-grant-related assets and each sheriff must transfer all 629
943-applicable assets to the department. A financial close -out of 630
944-each grant must be completed no later than March 31, 2024. 631
945- (3) Notwithstanding s. 287.057, Florida Statutes, the 632
946-department may extend the private lease of a facility currently 633
947-used by a sheriff for child protective investigative services 634
948-for up to 1 year after the date the transfer of functions is 635
949-finalized without undergoing a procurement. The department and 636
950-each sheriff may enter an agreement to allow department 637
951-employees to remain in office space owned or leased by the 638
952-sheriff for up to 6 months after the date the transfer of 639
953-functions is finalized. 640
954- (4) An employee in good standing, as defined by the office 641
955-policies of each applicable sheriff, who is employed by a 642
956-sheriff for the provision of child protective investigative 643
957-services and is employed before the effective date of this act 644
958-may transfer his or her employment to the department. The 645
959-department shall establish pos itions using existing guidelines 646
960-from the Department of Management Services for similarly 647
961-established positions. An employee who transfers his or her 648
962-employment to the department: 649
963- (a) Notwithstanding ss. 110.1128, 110.201, 110.211, 650
964-ENROLLED
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939+protective investigative services must complete an inventory of 626
940+grant-related assets and each sheriff must transfer all 627
941+applicable assets to the department. A financial close -out of 628
942+each grant must be completed no later than March 31, 2024. 629
943+ (3) Notwithstanding s. 287.057, Florida Statutes, the 630
944+department may extend the private lease of a facility currently 631
945+used by a sheriff for child protective investigative services 632
946+for up to 1 year after the date the transfer of functions is 633
947+finalized without undergoing a procurement. The department and 634
948+each sheriff may enter an agreement to allow department 635
949+employees to remain in office space owned or leased by the 636
950+sheriff for up to 6 months after the date the transfer of 637
951+functions is finalized. 638
952+ (4) An employee in good standing, as defined by the office 639
953+policies of each applicable sheriff, who is employed by a 640
954+sheriff for the provision of child protective investigative 641
955+services and is employed before the effective date of this act 642
956+may transfer his or her employment to the department. The 643
957+department shall establish positions using existing guidelines 644
958+from the Department of Management Services for similarly 645
959+established positions. An employee who transfers his or her 646
960+employment to the departm ent: 647
961+ (a) Notwithstanding ss. 110.1128, 110.201, 110.211, 648
962+110.213, 110.2135, 110.219, and 110.221, Florida Statutes, is 649
963+not required to go through an open competitive process and must 650
964+
965+HB 7061 2023
966966
967967
968968
969969 CODING: Words stricken are deletions; words underlined are additions.
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972972 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
973973
974974
975975
976-110.213, 110.2135, 110 .219, and 110.221, Florida Statutes, is 651
977-not required to go through an open competitive process and must 652
978-be employed in a position with duties and responsibilities 653
979-comparable to those which he or she performed within the 654
980-sheriff's office. 655
981- (b) Notwithstanding s. 110.1127, Florida Statutes, and 656
982-chapter 435, Florida Statutes, is not required to undergo an 657
983-initial employee background screening as a condition of his or 658
984-her employment with the department, if the employee is in 659
985-compliance with the employee backgr ound screening requirements 660
986-of the applicable sheriff's office at the time of the employee's 661
987-transfer. 662
988- (c) Shall remain in an equivalent broadband level as 663
989-defined in s. 110.107, Florida Statutes, and in a similarly 664
990-established position, maintaining the same rate of pay and 665
991-comparable duties and responsibilities that he or she had at the 666
992-sheriff's office at the time of the employee's transfer. 667
993- (d) Notwithstanding s. 110.217, Florida Statutes, is 668
994-considered to have attained permanent status by the depart ment 669
995-if the employee has completed the probationary period for the 670
996-applicable sheriff's office, if any, or has been continuously 671
997-employed in the same position at the applicable sheriff's office 672
998-for more than 12 months as of the date of the employee's 673
999-transfer. 674
1000- (e) Shall remain in the Florida Retirement System and is 675
1001-ENROLLED
1002-HB 7061, Engrossed 1 2023 Legislature
976+be employed in a position with duties and responsibilities 651
977+comparable to those which he or she performed within the 652
978+sheriff's office. 653
979+ (b) Notwithstanding s. 110.1127, Florida Statutes, and 654
980+chapter 435, Florida Statutes, is not required to undergo an 655
981+initial employee background screening as a condition of his or 656
982+her employment with the department, if the employee is in 657
983+compliance with the employee background screening requirements 658
984+of the applicable sheriff's office at the time of the employee's 659
985+transfer. 660
986+ (c) Shall remain in an equivalent broadband level as 661
987+defined in s. 110.107, Florida Statutes, and in a similarly 662
988+established position, maintaining the same rate of pay and 663
989+comparable duties and responsibilities that he or she had at the 664
990+sheriff's office at the time of the employee's transfer. 665
991+ (d) Notwithstanding s. 110.217 , Florida Statutes, is 666
992+considered to have attained permanent status by the department 667
993+if the employee has completed the probationary period for the 668
994+applicable sheriff's office, if any, or has been continuously 669
995+employed in the same position at the applicabl e sheriff's office 670
996+for more than 12 months as of the date of the employee's 671
997+transfer. 672
998+ (e) Shall remain in the Florida Retirement System and is 673
999+not considered to have experienced a break in service. 674
1000+ (f) Notwithstanding s. 110.219, Florida Statutes, may 675
1001+
1002+HB 7061 2023
10031003
10041004
10051005
10061006 CODING: Words stricken are deletions; words underlined are additions.
1007-hb7061-02-er
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1008+Page 28 of 28
10091009 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
10101010
10111011
10121012
1013-not considered to have experienced a break in service. 676
1014- (f) Notwithstanding s. 110.219, Florida Statutes, may 677
1015-transfer all accrued leave to the department. All creditable 678
1016-service months the e mployee worked at the sheriff's office will 679
1017-be transferred for the purpose of annual leave accrual. 680
1018- (g) Shall continue on family and medical leave or other 681
1019-approved extended leave status, if any, contingent upon the 682
1020-department receiving supporting docume ntation. 683
1021- (h) Is eligible for all benefits afforded a state employee 684
1022-applicable to the position he or she will occupy after the 685
1023-employee's transfer. 686
1024- (5) Any claims or causes of action brought against a 687
1025-sheriff under state or federal law relating to the sheriff's 688
1026-provision of child protective investigative services filed: 689
1027- (a) Before the applicable transfer date must be defended 690
1028-and indemnified in accordance with the provisions of the state 691
1029-or grant agreement applicable at the time of the alleged 692
1030-incident. 693
1031- (b) After the applicable transfer date must be defended 694
1032-and indemnified by the department. 695
1033- 696
1034-This subsection may not be construed as a waiver of s. 768.28, 697
1035-Florida Statutes. 698
1036- (6) This section shall take effect upon becoming law. 699
1037- Section 17. Except as otherwise expressly provided in this 700
1038-ENROLLED
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1041-
1042-
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1046-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
1047-
1048-
1049-
1050-act and except for this section, which shall take effect upon 701
1051-this act becoming a law, this act shall take effect January 1, 702
1052-2024. 703
1013+transfer all accrued leave to the department. All creditable 676
1014+service months the employee worked at the sheriff's office will 677
1015+be transferred for the purpose of annual leave accrual. 678
1016+ (g) Shall continue on family and medical leave or other 679
1017+approved extended leave status, if any, contingent upon the 680
1018+department receiving supporting documentation. 681
1019+ (h) Is eligible for all benefits afforded a state employee 682
1020+applicable to the position he or she will occupy after the 683
1021+employee's transfer. 684
1022+ (5) Claims that have ac crued but have not been filed must 685
1023+be defended and indemnified in accordance with the grant 686
1024+agreement applicable at the time of the alleged incident. This 687
1025+subsection may not be construed as a waiver of s. 768.28. 688
1026+ (6) This section shall take effect upon b ecoming law. 689
1027+ Section 17. Except as otherwise expressly provided in this 690
1028+act and except for this section, which shall take effect upon 691
1029+this act becoming a law, this act shall take effect January 1, 692
1030+2024. 693