Florida Senate - 2023 SB 1634 By Senator Brodeur 10-00919A-23 20231634__ 1 A bill to be entitled 2 An act relating to child welfare; amending s. 39.202, 3 F.S.; clarifying a provision regarding access to 4 certain records in the event of the death of a child 5 as a result of abuse, abandonment, or neglect; 6 amending s. 39.4092, F.S.; revising provisions to 7 refer to a multidisciplinary legal representation 8 program rather than a model; revising requirements for 9 an office of criminal conflict and civil regional 10 counsels multidisciplinary legal representation 11 program; requiring each office of criminal conflict 12 and civil regional counsel to annually submit certain 13 data to the Office of Program Policy Analysis and 14 Government Accountability (OPPAGA) by a specified 15 date; deleting a requirement that each office of 16 criminal conflict and civil regional counsel submit a 17 certain report; requiring the OPPAGA to compile 18 certain data and conduct a certain analysis; revising 19 the date the OPPAGA must annually report its analysis; 20 creating s. 39.5035, F.S.; authorizing certain persons 21 to initiate a proceeding by filing a petition for 22 adjudication and permanent commitment if both parents 23 of a child are deceased or the last known living 24 parent dies; requiring that such petition be filed at 25 a specified time under certain circumstances; 26 authorizing certain persons to file a petition for 27 permanent commitment if both parents die or the last 28 known living parent dies after a child has been 29 adjudicated dependent; specifying a timeframe for 30 filing such petition; specifying requirements for such 31 petitions; requiring the clerk of the court to set the 32 case for hearing within a specified timeframe after a 33 petition for adjudication and permanent commitment or 34 a petition for permanent commitment is filed; 35 requiring that a certain notice of the hearing and a 36 copy of the petition be served on certain persons; 37 specifying procedures for the adjudicatory hearing on 38 the petitions; specifying the determinations a judge 39 must make at the adjudicatory hearing; specifying that 40 a disposition hearing must be set within a certain 41 timeframe; requiring the Department of Children and 42 Families to provide a certain amended case plan; 43 requiring the department to make certain reasonable 44 efforts regarding the case plan; requiring the court 45 to hold hearings at a certain timeframe; specifying 46 that a certified copy of the death certificate is 47 sufficient evidence of a parents death; requiring the 48 court to make a certain determination within a 49 specified timeframe after an adjudicatory hearing on 50 certain petitions; providing construction; amending s. 51 39.522, F.S.; authorizing certain persons to remove a 52 child from a court-ordered placement under certain 53 circumstances; requiring the department to file a 54 motion within a certain timeframe to modify placement 55 following such removals; requiring the court to set a 56 hearing on the motion within a specified timeframe 57 under certain circumstances; requiring the court to 58 make a specified determination at the hearing; 59 authorizing the court to base its determination on 60 certain evidence and to hear all relevant and material 61 evidence; requiring the court to enter certain orders 62 under certain circumstances; requiring a placement 63 meet certain home study criteria; requiring the court 64 to conduct a hearing under certain circumstances; 65 amending s. 39.6013, F.S.; authorizing a case plan to 66 be amended at any hearing based upon certain evidence; 67 requiring the department to provide reasonable efforts 68 if the court changes the permanency goal of the case; 69 conforming provisions to changes made by the act; 70 amending s. 39.6221, F.S.; revising conditions for a 71 childs placement in a permanent guardianship; 72 amending s. 39.6251, F.S.; specifying that certain 73 young adults in a Department of Juvenile Justice 74 detention center or commitment program are deemed to 75 have met a certain licensed placement eligibility 76 requirement; specifying that the departments 77 supervision for such young adults is limited to 78 providing certain services; amending s. 39.701, F.S.; 79 revising the required determinations at judicial 80 review hearings for children younger than 18 years of 81 age; amending s. 39.801, F.S.; authorizing certain 82 notice to be waived under certain circumstances; 83 amending s. 39.812, F.S.; revising the courts 84 authorization to review certain information after 85 custody of a child for subsequent adoption has been 86 given to the department; providing procedures if the 87 department denies an application to adopt; revising 88 the circumstances that must apply for the department 89 to remove a child from a foster home or custodian 90 after a denial of an application to adopt; conforming 91 provisions to changes made by the act; amending s. 92 63.062, F.S.; conforming a provision to changes made 93 by the act; amending s. 409.167, F.S.; revising the 94 purpose and requirements of the statewide adoption 95 exchange; specifying requirements of the photo listing 96 component of the adoption exchange; requiring the 97 department or lead agency to refer certain children to 98 the adoption exchange; deleting the requirement that 99 the referral be accompanied by a photograph and 100 description of the child; deleting the requirement 101 that the department provide certain information to the 102 adoption exchange for children accepted for permanent 103 placement by the department; deleting a requirement 104 that the adoption exchange provide a certain service 105 to certain groups, organizations, and associations; 106 requiring that certain children be registered with 107 existing regional and national adoption exchanges 108 under a specified condition; amending s. 409.1678, 109 F.S.; revising the required services that safe houses 110 and safe foster homes must provide, arrange for, or 111 coordinate; conforming a provision to changes made by 112 the act; requiring the department, in collaboration 113 with the Florida Digital Service, to provide a 114 confidential web-based portal for safe house operators 115 and foster parents for safe foster homes; specifying 116 the requirements for such portal; requiring service 117 providers to bill Medicaid, contract with local school 118 districts, or obtain federal and local funding for 119 services rendered to victims of commercial sexual 120 exploitation whenever possible; amending s. 409.175, 121 F.S.; revising the timeframe for which a family foster 122 home license is valid; increasing the timeframe for 123 which the department may extend a license expiration 124 date; making a technical change; revising requirements 125 for inservice training for foster parents and agency 126 staff related to human trafficking; amending s. 127 409.1754, F.S.; requiring the Department of Children 128 and Families, in collaboration with other entities, to 129 implement certain recommendations and develop a 130 certain tool and algorithm by a specified date; 131 requiring that the screening and assessment 132 instruments be validated by a specified date, if 133 possible; requiring the department and the Department 134 of Juvenile Justice to use the previously validated 135 screening and assessment instruments and indicator 136 tool under certain circumstances; requiring the 137 department and each community-based care lead agency 138 to prepare a certain service capacity assessment and 139 development plan by a specified date and triennially 140 thereafter; specifying the requirements of such plan; 141 authorizing the department to provide training to 142 certain local law enforcement officials; defining the 143 term survivor peer mentor; providing legislative 144 findings; requiring certain service providers and 145 certain operators to collaborate with local providers 146 to ensure survivor peer mentors are regularly 147 accessible to certain children; requiring survivor 148 peer mentors to undergo certain training; amending s. 149 409.988, F.S.; requiring that all individuals 150 providing care for dependent children be provided 151 contact information for a certain foster-family 152 support program; amending s. 409.996, F.S.; requiring 153 the departments contracts with lead agencies to 154 require the lead agency to provide a certain foster 155 family support group; requiring certain governmental 156 entities to create a workgroup for a specified purpose 157 relating to commercial sexual exploitation; requiring 158 the Agency for Health Care Administration to modify 159 state Medicaid plans and implement federal waivers 160 necessary to implement the act; requiring the 161 workgroup to draft a certain plan and submit a certain 162 report to the Legislature by a specified date; 163 providing effective dates. 164 165 Be It Enacted by the Legislature of the State of Florida: 166 167 Section 1.Paragraph (o) of subsection (2) of section 168 39.202, Florida Statutes, is amended to read: 169 39.202Confidentiality of reports and records in cases of 170 child abuse or neglect; exception. 171 (2)Except as provided in subsection (4), access to such 172 records, excluding the name of, or other identifying information 173 with respect to, the reporter which shall be released only as 174 provided in subsection (5), shall be granted only to the 175 following persons, officials, and agencies: 176 (o)Any person in the event of the death of a child 177 determined by the department at the closure of its 178 investigation, in accordance with s. 39.301(16), to be a result 179 of abuse, abandonment, or neglect. Information identifying the 180 person reporting abuse, abandonment, or neglect shall not be 181 released. Any information otherwise made confidential or exempt 182 by law shall not be released pursuant to this paragraph. 183 Section 2.Section 39.4092, Florida Statutes, is amended to 184 read: 185 39.4092Multidisciplinary legal representation model 186 program for parents of children in the dependency system. 187 (1)LEGISLATIVE FINDINGS. 188 (a)The Legislature finds that the use of a specialized 189 team that includes an attorney, a social worker, and a parent 190 peer specialist, also known as a multidisciplinary legal 191 representation model program, in dependency judicial matters is 192 effective in reducing safety risks to children and providing 193 families with better outcomes, such as significantly reducing 194 the time the children spend in out-of-home care and achieving 195 permanency more quickly. 196 (b)The Legislature finds that parents in dependency court 197 often suffer from multiple challenges, such as mental illness, 198 substance use disorder, domestic violence or other trauma, 199 unstable housing, or unemployment. These challenges are often a 200 contributing factor to children experiencing instability or 201 safety risks. While these challenges may result in legal 202 involvement or require legal representation, addressing the 203 underlying challenges in a manner that achieves stability often 204 falls within the core functions of the practice of social work. 205 (c)The Legislature also finds that social work 206 professionals have a unique skill set, including client 207 assessment and clinical knowledge of family dynamics. This 208 unique skill set allows these professionals to interact and 209 engage with families in meaningful and unique ways that are 210 distinct from the ways in which the families interact with 211 attorneys or other professional staff involved in dependency 212 matters. Additionally, social work professionals are skilled at 213 quickly connecting families facing crisis to resources that can 214 address the specific underlying challenges. 215 (d)The Legislature finds that there is a great benefit to 216 using parent-peer specialists in the dependency system, which 217 allows parents who have successfully navigated the dependency 218 system and have been successfully reunified with their children 219 to be paired with parents whose children are currently involved 220 in the dependency system. By working with someone who has 221 personally lived the experience of overcoming great personal 222 crisis, parents currently involved in the dependency system have 223 a greater ability to address the underlying challenges that 224 resulted in the instability and safety risk to their children, 225 to provide a safe and stable home environment, and to be 226 successfully reunified. 227 (e)The Legislature further finds that current federal law 228 authorizes the reimbursement of a portion of the cost of 229 attorneys for parents and children in eligible cases, whereas 230 such funds were formerly restricted to foster care 231 administrative costs. 232 (f)The Legislature finds it is necessary to encourage and 233 facilitate the use of a multidisciplinary legal representation 234 program model for parents and their children in order to improve 235 outcomes for those families involved in the dependency system 236 and to provide the families who find themselves in a crisis with 237 the best opportunity to be successful in creating safe and 238 stable homes for their children. 239 (2)ESTABLISHMENT.Each office of criminal conflict and 240 civil regional counsel established under s. 27.511 may establish 241 a multidisciplinary legal representation model program to serve 242 families in the dependency system. 243 (3)DUTIES. 244 (a)The department shall collaborate with the office of 245 criminal conflict and civil regional counsel to determine and 246 execute any necessary documentation for approval of federal 247 Title IV-E matching funding. The department shall submit such 248 documentation as promptly as possible upon the establishment of 249 a multidisciplinary legal representation model program and shall 250 execute the necessary agreements to ensure the program accesses 251 available federal matching funding for the program in order to 252 help eligible families involved in the dependency system. 253 (b)An office of criminal conflict and civil regional 254 counsel that establishes a multidisciplinary legal 255 representation model program must, at a minimum: 256 1.Use a team that consists of at least an attorney and, a 257 parent-peer specialist or a forensic social worker, or a similar 258 professional and a parent-peer specialist. For purposes of this 259 section, the term parent-peer specialist means a person who 260 has: 261 a.Previously had his or her child removed from his or her 262 care and placed in out-of-home care. 263 b.Been successfully reunified with the child for more than 264 2 years. 265 c.Received specialized training to become a parent-peer 266 specialist. 267 2.Comply with any necessary cost-sharing or other 268 agreements to maximize financial resources and enable access to 269 available federal Title IV-E matching funding. 270 3.Provide specialized training and support for attorneys, 271 forensic social workers, and parent-peer specialists involved in 272 a the model program. 273 4.Collect uniform data on each child whose parent is 274 served by the program and ensure that reporting of data is 275 conducted through the childs unique identification number in 276 the Florida Safe Families Network or any successor system, if 277 applicable. 278 5.Develop consistent operational program policies and 279 procedures throughout each region that establishes a the model 280 program. 281 6.Obtain agreements with universities relating to approved 282 placements for social work students to ensure the placement of 283 social workers in the program. 284 7.Execute conflict of interest agreements with each team 285 member. 286 (4)REPORTING. 287 (a)Beginning July 15, 2023 October 1, 2022, and annually 288 thereafter through July 15, 2026 October 1, 2025, each office of 289 criminal conflict and civil regional counsel that establishes a 290 multidisciplinary legal representation model program must submit 291 certain requested data an annual report to the Office of Program 292 Policy Analysis and Government Accountability to ensure its 293 ability to perform an analysis evaluating the use and efficacy 294 of the multidisciplinary legal representation or similar 295 program. The annual data report must include use the uniform 296 data collected on each unique child whose parents are served by 297 the program and must detail, at a minimum, all of the following: 298 1.Reasons the family became involved in the dependency 299 system. 300 2.Length of time it takes to achieve a permanency goal for 301 children whose parents are served by the program. 302 3.Frequency of each type of permanency goal achieved by 303 children whose parents are served by the program. 304 4.Rate of subsequent abuse or neglect which results in the 305 removal of children whose parents are served by the program. 306 5.Any other relevant factors that tend to show the impact 307 of the use of such multidisciplinary legal representation model 308 programs on the outcomes for children in the dependency system. 309 Each region that has established a model program must agree on 310 the additional factors and how to collect data on such 311 additional factors for the annual report. 312 (b)The Office of Program Policy Analysis and Government 313 Accountability shall compile the data results of the reports 314 required under paragraph (a) and conduct an analysis to 315 determine the utilization and efficacy of comparing the reported 316 outcomes from the multidisciplinary legal representation or 317 similar model program to known outcomes of children in the 318 dependency system whose parents are not served by a 319 multidisciplinary legal representation model program. Each 320 office of criminal conflict and civil regional counsel shall 321 provide any additional information or data requested by the 322 Office of Program Policy Analysis and Government Accountability 323 for its analysis. By December 1, 2022, and annually thereafter 324 through December 1, 2026 2025, the Office of Program Policy 325 Analysis and Government Accountability must submit its analysis 326 in a report to the Governor, the President of the Senate, and 327 the Speaker of the House of Representatives. 328 Section 3.Section 39.5035, Florida Statutes, is created to 329 read: 330 39.5035Deceased parents; special procedures. 331 (1)(a)1.If both parents of a child are deceased or the 332 last known living parent dies and a legal custodian has not been 333 appointed for the child through a probate or guardianship 334 proceeding, an attorney for the department or any other person 335 who has knowledge of alleged facts that support a petition for 336 adjudication and permanent commitment, or is informed of the 337 alleged facts and believes them to be true, may initiate a 338 proceeding by filing such petition. 339 2.If a child has been placed in shelter status by order of 340 the court but has not yet been adjudicated, a petition for 341 adjudication and permanent commitment must be filed within 21 342 days after the shelter hearing. In all other cases, the petition 343 must be filed within a reasonable time after the petitioner 344 first becomes aware of the alleged facts that support the 345 petition for adjudication and permanent commitment. 346 (b)If both parents die or the last known living parent 347 dies after a child has already been adjudicated dependent, an 348 attorney for the department or any other person who has 349 knowledge of the alleged facts or is informed of the alleged 350 facts and believes them to be true may file a petition for 351 permanent commitment. The petition must be filed within a 352 reasonable timeframe after the petitioner first becomes aware of 353 the alleged facts that support the petition for permanent 354 commitment. 355 (2)The petition for commitment and the petition for 356 adjudication and commitment must be in writing and must contain 357 all of the following: 358 (a)An identification of the alleged deceased parent or 359 parents, and the facts that establish that both parents of the 360 child are deceased or the last known living parent is deceased, 361 and that a legal custodian has not been appointed for the child 362 through a probate or guardianship proceeding. 363 (b)A signature by the petitioner under oath stating the 364 petitioner is filing the petition in good faith. 365 (3)If a petition for adjudication and permanent commitment 366 or a petition for permanent commitment has been filed, the clerk 367 of the court must set the case before the court for an 368 adjudicatory hearing. The adjudicatory hearing must be held as 369 soon as practicable after the petition is filed, but no later 370 than 30 days after the filing date. 371 (4)Notice of the date, time, and place of the adjudicatory 372 hearing and a copy of the petition must be served on the 373 following persons: 374 (a)Any person who has physical custody of the child. 375 (b)A living relative of each parent of the child, unless a 376 living relative cannot be found after a diligent search or 377 inquiry. 378 (c)The guardian ad litem for the child or a representative 379 of the guardian ad litem program, if applicable. 380 (5)The adjudicatory hearing must be conducted by the judge 381 without a jury, applying the rules of evidence in use in civil 382 cases and adjourning the hearing as necessary. At the hearing, 383 the court must determine whether the petitioner has established 384 by clear and convincing evidence that both parents of the child 385 are deceased, or that the last known living parent is deceased 386 and the other parent cannot be found after diligent search or 387 inquiry, and that a legal custodian has not been appointed for 388 the child through a probate or guardianship proceeding. A 389 certified copy of the death certificate for a parent is 390 sufficient evidence of proof of the parents death. 391 (6)Within 30 days after an adjudicatory hearing on a 392 petition for adjudication and permanent commitment, the court 393 must make one of the following determinations: 394 (a)If the court finds that the petitioner has met the 395 burden of clear and convincing evidence, the court must enter a 396 written order adjudicating the child dependent and permanently 397 committing the child to the custody of the department for the 398 purpose of adoption. A disposition hearing must be scheduled no 399 later than 30 days after the entry of the order, in which the 400 department must provide a case plan that identifies the 401 permanency goal for the child to the court. Reasonable efforts 402 must be made to place the child in a timely manner in accordance 403 with the permanency plan and to complete all steps necessary to 404 finalize the permanent placement of the child. Thereafter, until 405 the adoption of the child is finalized or the child reaches the 406 age of 18 years, whichever occurs first, the court must hold 407 hearings every 6 months to review the progress being made toward 408 permanency for the child. 409 (b)If the court finds that the petitioner has not met the 410 burden of clear and convincing evidence, but that a 411 preponderance of the evidence establishes that the child does 412 not have a parent or legal custodian capable of providing 413 supervision or care, the court must enter a written order 414 adjudicating the child dependent. A disposition hearing must be 415 scheduled no later than 30 days after the entry of the order as 416 provided in s. 39.521. 417 (c)If the court finds that the petitioner has not met the 418 burden of clear and convincing evidence and that a preponderance 419 of the evidence does not establish that the child does not have 420 a parent or legal custodian capable of providing supervision or 421 care, the court must enter a written order so finding and 422 dismissing the petition. 423 (7)Within 30 days after an adjudicatory hearing on a 424 petition for permanent commitment, the court must make one of 425 the following determinations: 426 (a)If the court finds that the petitioner has met the 427 burden of clear and convincing evidence, the court must enter a 428 written order permanently committing the child to the custody of 429 the department for purposes of adoption. A disposition hearing 430 must be scheduled no later than 30 days after the entry of the 431 order, in which the department must provide an amended case plan 432 that identifies the permanency goal for the child to the court. 433 Reasonable efforts must be made to place the child in a timely 434 manner in accordance with the permanency plan and to complete 435 all steps necessary to finalize the permanent placement of the 436 child. Thereafter, until the adoption of the child is finalized 437 or the child reaches the age of 18 years, whichever occurs 438 first, the court must hold hearings every 6 months to review the 439 progress being made toward permanency for the child. 440 (b)If the court finds that the petitioner has not met the 441 burden of clear and convincing evidence, the court must enter a 442 written order denying the petition. The order has no effect on 443 the childs prior adjudication. The order does not bar the 444 petitioner from filing a subsequent petition for permanent 445 commitment based on newly discovered evidence that establishes 446 that both parents of a child are deceased or that the last 447 living known parent is deceased and that a legal custodian has 448 not been appointed for the child through a probate or 449 guardianship proceeding. 450 Section 4.Subsection (7) is added to section 39.522, 451 Florida Statutes, to read: 452 39.522Postdisposition change of custody. 453 (7)Notwithstanding any other provision of this section, at 454 any time a childs case manager, an authorized agent of the 455 department, or a law enforcement officer may remove a child from 456 a court-ordered placement and take the child into custody if the 457 childs current caregiver requests immediate removal of the 458 child from the home. An authorized agent of the department or a 459 law enforcement officer may also remove a child from a court 460 ordered placement and take the child into custody under s. 461 39.401(1)(b). 462 (a)If at the time of the removal the child was not placed 463 in licensed care in the departments custody, the department 464 must file a motion to modify placement within 1 business day 465 after the child is taken into custody. Unless all parties and 466 the current caregiver agree to the change of placement, the 467 court must set a hearing within 24 hours after the filing of the 468 motion. At the hearing, the court must determine whether the 469 department has established probable cause to support the 470 immediate removal of the child from his or her current 471 placement. The court may base its determination on a sworn 472 petition, testimony, or an affidavit and may hear all relevant 473 and material evidence, including oral or written reports, to the 474 extent of its probative value even though such evidence would 475 not be competent evidence at an adjudicatory hearing. 476 (b)If the court finds that probable cause is not 477 established to support the removal of the child from the 478 placement, the court must order that the child be returned to 479 his or her current placement. Such a finding does not preclude a 480 party from filing a subsequent motion pursuant to subsection 481 (2). 482 (c)If the current caregiver admits to a need for a change 483 of placement or probable cause is established to support the 484 removal, the court must enter an order changing the placement of 485 the child. If the child is not placed in foster care, then the 486 new placement for the child must meet the home study criteria in 487 this chapter. 488 (d)If the childs placement is modified based on a 489 probable cause finding, the court must conduct a hearing under 490 the procedures in subsection (2) or subsection (3), unless 491 waived by all parties and the caregiver. 492 Section 5.Subsections (4) and (5) of section 39.6013, 493 Florida Statutes, are amended to read: 494 39.6013Case plan amendments. 495 (4)At any hearing, the case plan may be amended by the 496 court or upon motion of any party at any hearing to change the 497 goal of the plan, employ the use of concurrent planning, or add 498 or remove tasks the parent must complete in order to 499 substantially comply with the plan if there is a preponderance 500 of evidence demonstrating the need for the amendment. The court 501 may base its determination on testimony and may hear all 502 relevant and material evidence, including oral and written 503 reports, to the extent of its probative value, even though such 504 evidence would not be competent evidence at an adjudicatory 505 hearing. However, if the court changes a goal of reunification 506 to a different permanency goal, the change does not eliminate 507 the departments responsibility to provide reasonable efforts to 508 provide services where reasonable efforts are otherwise required 509 by law. The need to amend the case plan may be based on 510 information discovered or circumstances arising after the 511 approval of the case plan for: 512 (a)A previously unaddressed condition that, without 513 services, may prevent the child from safely returning to the 514 home or may prevent the child from safely remaining in the home; 515 (b)The childs need for permanency, taking into 516 consideration the childs age and developmental needs; 517 (c)The failure of a party to substantially comply with a 518 task in the original case plan, including the ineffectiveness of 519 a previously offered service; or 520 (d)An error or oversight in the case plan. 521 (5)At any hearing, the case plan may be amended by the 522 court or upon motion of any party at any hearing to provide 523 appropriate services to the child if there is competent evidence 524 demonstrating the need for the amendment. The court may base its 525 determination on testimony and may hear all relevant and 526 material evidence, including oral and written reports, to the 527 extent of its probative value, even though such evidence would 528 not be competent evidence at an adjudicatory hearing. The reason 529 for amending the case plan may be based on information 530 discovered or circumstances arising after the approval of the 531 case plan regarding the provision of safe and proper care to the 532 child. 533 Section 6.Paragraph (a) of section (1) of section 39.6221, 534 Florida Statutes, is amended, and paragraph (g) is added to that 535 subsection, to read: 536 39.6221Permanent guardianship of a dependent child. 537 (1)If a court determines that reunification or adoption is 538 not in the best interest of the child, the court may place the 539 child in a permanent guardianship with a relative or other adult 540 approved by the court if all of the following conditions are 541 met: 542 (a)The child has been in the placement for not less than 543 the preceding 6 months, or the preceding 3 months if the 544 caregiver has been named as the successor guardian on the 545 childs guardianship assistance agreement. 546 (g)The department has advised the caregiver of the 547 caregivers eligibility for the Guardianship Assistance Program 548 under s. 39.6225. 549 Section 7.Paragraph (a) of subsection (4) of section 550 39.6251, Florida Statutes, is amended to read: 551 39.6251Continuing care for young adults. 552 (4)(a)1.The young adult must reside in a supervised living 553 environment that is approved by the department or a community 554 based care lead agency. The young adult shall live 555 independently, but in an environment in which he or she is 556 provided supervision, case management, and supportive services 557 by the department or lead agency. Such an environment must offer 558 developmentally appropriate freedom and responsibility to 559 prepare the young adult for adulthood. For the purposes of this 560 subsection, a supervised living arrangement may include a 561 licensed foster home, licensed group home, college dormitory, 562 shared housing, apartment, or another housing arrangement if the 563 arrangement is approved by the community-based care lead agency 564 and is acceptable to the young adult. A young adult may continue 565 to reside with the same licensed foster family or group care 566 provider with whom he or she was residing at the time he or she 567 reached the age of 18 years. 568 2.A young adult in a Department of Juvenile Justice 569 detention center or commitment program, who otherwise would have 570 been living in licensed care on the date of his or her 18th 571 birthday and has not achieved permanency under s. 39.621, shall 572 be deemed to have met the licensed placement eligibility 573 requirement of subsection (2). The departments supervision of 574 such young adult is limited to the community-based care lead 575 agency providing case management services as needed to 576 facilitate the young adults transition upon release from a 577 detention or a commitment program into a supervised living 578 environment as described in subparagraph 1. 579 Section 8.Paragraph (c) of subsection (2) of section 580 39.701, Florida Statutes, is amended to read: 581 39.701Judicial review. 582 (2)REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF 583 AGE. 584 (c)Review determinations.The court and any citizen review 585 panel shall take into consideration the information contained in 586 the social services study and investigation and all medical, 587 psychological, and educational records that support the terms of 588 the case plan; testimony by the social services agency, the 589 parent, the foster parent or caregiver, the guardian ad litem or 590 surrogate parent for educational decisionmaking if one has been 591 appointed for the child, and any other person deemed 592 appropriate; and any relevant and material evidence submitted to 593 the court, including written and oral reports to the extent of 594 their probative value. These reports and evidence may be 595 received by the court in its effort to determine the action to 596 be taken with regard to the child and may be relied upon to the 597 extent of their probative value, even though not competent in an 598 adjudicatory hearing. In its deliberations, the court and any 599 citizen review panel shall seek to determine: 600 1.If the parent was advised of the right to receive 601 assistance from any person or social service agency in the 602 preparation of the case plan. 603 2.If the parent has been advised of the right to have 604 counsel present at the judicial review or citizen review 605 hearings. If not so advised, the court or citizen review panel 606 shall advise the parent of such right. 607 3.If a guardian ad litem needs to be appointed for the 608 child in a case in which a guardian ad litem has not previously 609 been appointed or if there is a need to continue a guardian ad 610 litem in a case in which a guardian ad litem has been appointed. 611 4.Who holds the rights to make educational decisions for 612 the child. If appropriate, the court may refer the child to the 613 district school superintendent for appointment of a surrogate 614 parent or may itself appoint a surrogate parent under the 615 Individuals with Disabilities Education Act and s. 39.0016. 616 5.The compliance or lack of compliance of all parties with 617 applicable items of the case plan, including the parents 618 compliance with child support orders. 619 6.The compliance or lack of compliance with a visitation 620 contract between the parent and the social service agency for 621 contact with the child, including the frequency, duration, and 622 results of the parent-child visitation and the reason for any 623 noncompliance. 624 7.The frequency, kind, and duration of contacts among 625 siblings who have been separated during placement, as well as 626 any efforts undertaken to reunite separated siblings if doing so 627 is in the best interests of the child. 628 8.The compliance or lack of compliance of the parent in 629 meeting specified financial obligations pertaining to the care 630 of the child, including the reason for failure to comply, if 631 applicable. 632 9.Whether the child is receiving safe and proper care 633 according to s. 39.6012, including, but not limited to, the 634 appropriateness of the childs current placement, including 635 whether the child is in a setting that is as family-like and as 636 close to the parents home as possible, consistent with the 637 childs best interests and special needs, and including 638 maintaining stability in the childs educational placement, as 639 documented by assurances from the community-based care lead 640 agency that: 641 a.The placement of the child takes into account the 642 appropriateness of the current educational setting and the 643 proximity to the school in which the child is enrolled at the 644 time of placement. 645 b.The community-based care lead agency has coordinated 646 with appropriate local educational agencies to ensure that the 647 child remains in the school in which the child is enrolled at 648 the time of placement. 649 10.A projected date likely for the childs return home or 650 other permanent placement. 651 11.When appropriate, the basis for the unwillingness or 652 inability of the parent to become a party to a case plan. The 653 court and the citizen review panel shall determine if the 654 efforts of the social service agency to secure party 655 participation in a case plan were sufficient. 656 12.For a child who has reached 13 years of age but is not 657 yet 18 years of age, the adequacy of the childs preparation for 658 adulthood and independent living. For a child who is 15 years of 659 age or older, the court shall determine if appropriate steps are 660 being taken for the child to obtain a driver license or 661 learners driver license. 662 13.If amendments to the case plan are required. Amendments 663 to the case plan must be made under s. 39.6013. 664 14.If the parents and caregivers have developed a 665 productive relationship that includes meaningful communication 666 and mutual support. 667 15.Whether there are any barriers to meeting the 668 eligibility requirements for the Guardianship Assistance Program 669 under s. 39.6225, if applicable. 670 Section 9.Present subsection (7) of section 39.801, 671 Florida Statutes, is redesignated as subsection (8), paragraph 672 (c) of subsection (3) of that section is amended, and a new 673 subsection (7) is added to that section, to read: 674 39.801Procedures and jurisdiction; notice; service of 675 process. 676 (3)Before the court may terminate parental rights, in 677 addition to the other requirements set forth in this part, the 678 following requirements must be met: 679 (c)Notice as prescribed by this section may be waived, in 680 the discretion of the judge, with regard to any person to whom 681 notice must be given under this subsection if the person 682 executes, before two witnesses and a notary public or other 683 officer authorized to take acknowledgments, a written surrender 684 of the child to a licensed child-placing agency or the 685 department. 686 (7)Notice as prescribed by this section may be waived, in 687 the discretion of the judge, with regard to any person to whom 688 notice must be given under this subsection if the person 689 executes, before two witnesses and a notary public or other 690 officer authorized to take acknowledgments, a written surrender 691 of the child to a licensed child-placing agency or the 692 department. Notice as prescribed by this section may be waived, 693 in the discretion of the judge, with regard to any person to 694 whom notice must be given under this subsection if that person 695 appears before the court at the advisory hearing or any other 696 hearing after the advisory hearing. 697 Section 10.Subsections (4), (5), and (6) of section 698 39.812, Florida Statutes, are amended to read: 699 39.812Postdisposition relief; petition for adoption. 700 (4)The court shall retain jurisdiction over any child 701 placed in the custody of the department until the child is 702 adopted. After custody of a child for subsequent adoption has 703 been given to the department, the court has jurisdiction for the 704 purpose of reviewing the status of the child and the progress 705 being made toward permanent adoptive placement. As part of this 706 continuing jurisdiction, the court may review any of the 707 following: 708 (a)For good cause shown by the guardian ad litem for the 709 child, the court may review the appropriateness of the adoptive 710 placement of the child. 711 (b)The departments denial of an application to adopt a 712 child. The departments decision to deny an application to adopt 713 a child is reviewable only as provided in this section and is 714 not subject to chapter 120. 715 1.If the department denies an application to adopt, the 716 written notification of denial provided to the applicant must be 717 filed with the court and copies provided to all parties within 718 10 business days after the decision. 719 2.A denied applicant may file a motion to review the 720 departments denial within 30 days after the issuance of the 721 departments written notification of the decision to deny the 722 application. 723 3.A denied applicant has standing under this chapter only 724 to file the motion to review in subparagraph 2. and to present 725 evidence in support of the motion. Such standing is terminated 726 upon entry of the courts order. 727 4.The motion to review under subparagraph 2. must allege 728 the department unreasonably withheld its consent to the adoption 729 and must request that the court allow the denied applicant to 730 file a petition to adopt the child under chapter 63 without the 731 departments consent. 732 5.The court must hold a hearing within 30 days after the 733 filing of the motion to review. The court may only consider 734 whether the departments denial of the application was 735 consistent with its policies and made in an expeditious manner. 736 The standard of review is whether the departments denial of the 737 application was an abuse of discretion. 738 6.If the department selected a different applicant to 739 adopt the child, the selected applicant may participate in the 740 hearing as a participant as provided in s. 39.01(57) and may be 741 granted leave by the court to be heard without the necessity of 742 filing a motion to intervene. 743 7.The court must enter a written order within 15 days 744 after the conclusion of the hearing either denying the motion to 745 review or finding that the department unreasonably withheld its 746 consent and authorizing the denied applicant to file a petition 747 to adopt the child under chapter 63 without the departments 748 consent. 749 (5)When a licensed foster parent or court-ordered 750 custodian has applied to adopt a child who has resided with the 751 foster parent or custodian for at least 6 months and who has 752 previously been permanently committed to the legal custody of 753 the department and the department does not grant the application 754 to adopt, the department may not, in the absence of a prior 755 court order authorizing it to do so, remove the child from the 756 foster home or custodian, except when all of the following 757 circumstances apply: 758 (a)There is probable cause to believe that the child is at 759 imminent risk of abuse or neglect.; 760 (b)A motion to review the departments denial of 761 application filed under paragraph (4)(b)2. has been denied by 762 the court. 763 (c)Thirty days have expired following written notice to 764 the foster parent or custodian of the denial of the application 765 to adopt, within which period no formal challenge of the 766 departments decision has been filed.; or 767 (d)(c)The foster parent or custodian agrees to the childs 768 removal. 769 (6)(5)The petition for adoption must be filed in the 770 division of the circuit court which entered the judgment 771 terminating parental rights, unless a motion for change of venue 772 is granted pursuant to s. 47.122. A copy of the consent executed 773 by the department must be attached to the petition, unless the 774 court has found the department unreasonably withheld its consent 775 under paragraph (4)(b) waived pursuant to s. 63.062(7). The 776 petition must be accompanied by a statement, signed by the 777 prospective adoptive parents, acknowledging receipt of all 778 information required to be disclosed under s. 63.085 and a form 779 provided by the department which details the social and medical 780 history of the child and each parent and includes the social 781 security number and date of birth for each parent, if such 782 information is available or readily obtainable. The prospective 783 adoptive parents may not file a petition for adoption until the 784 judgment terminating parental rights becomes final. An adoption 785 proceeding under this subsection is governed by chapter 63. 786 Section 11.Subsection (7) of section 63.062, Florida 787 Statutes, is amended to read: 788 63.062Persons required to consent to adoption; affidavit 789 of nonpaternity; waiver of venue. 790 (7)If parental rights to the minor have previously been 791 terminated, the adoption entity with which the minor has been 792 placed for subsequent adoption may provide consent to the 793 adoption. In such case, no other consent is required. If the 794 minor has been permanently committed to the department for 795 subsequent adoption, the department must consent to the 796 adoption, or, if the department does not consent, the court 797 order finding that the department unreasonably withheld its 798 consent entered under s. 39.812(4) must be attached to the 799 petition to adopt and The consent of the department shall be 800 waived upon a determination by the court that such consent is 801 being unreasonably withheld and if the petitioner must file has 802 filed with the court a favorable preliminary adoptive home study 803 as required under s. 63.092. 804 Section 12.Section 409.167, Florida Statutes, is amended, 805 to read: 806 409.167Statewide adoption exchange; establishment; 807 responsibilities; registration requirements; rules. 808 (1)The Department of Children and Families shall 809 establish, either directly or through purchase, a statewide 810 adoption exchange, with a photo listing component, which shall 811 serve all authorized licensed child-placing agencies in the 812 state for the purpose of facilitating family-matching between 813 prospective adoptive parents and children who have been legally 814 freed for adoption and who have been permanently placed with the 815 department as a means of recruiting adoptive families for 816 children who have been legally freed for adoption and who have 817 been permanently placed with the department or a licensed child 818 placing agency. The exchange shall provide, in accordance with 819 rules established by the department descriptions and photographs 820 of such children, as well as any other information deemed useful 821 in facilitating family-matching between children and prospective 822 adoptive parents for licensed child-placing agencies the 823 recruitment of adoptive families for each child. The photo 824 listing component of the adoption exchange must be in a format 825 that is accessible only to persons who have completed or are in 826 the process of completing an adoption home study updated 827 monthly. A child 12 years of age or older must be consulted 828 about his or her photo listing. 829 (2)(a)Each district of The department or community-based 830 care lead agency shall refer each child in its care who has been 831 legally freed for adoption to the adoption exchange no later 832 than 30 days after the date of acceptance by the department for 833 permanent placement. The referral must be accompanied by a 834 photograph and description of the child. 835 (b)The department shall establish criteria by which a 836 district may determine that a child need not be registered with 837 the adoption exchange. Within 30 days after the date of 838 acceptance by the department for permanent placement, the name 839 of the child accepted for permanent placement must be forwarded 840 to the statewide adoption exchange by the district together with 841 reference to the specific reason why the child should not be 842 placed on the adoption exchange. If the child has not been 843 placed for adoption within 3 months after the date of acceptance 844 by the department for permanent placement, the district shall 845 provide the adoption exchange with the necessary photograph and 846 information for registration of the child with the adoption 847 exchange and the child shall be placed on the exchange. The 848 department shall establish procedures for monitoring the status 849 of children who are not placed on the adoption exchange within 850 30 days after the date of acceptance by the department for 851 permanent placement. 852 (3)In accordance with rules established by the department, 853 the adoption exchange may accept, from licensed child-placing 854 agencies, information pertaining to children meeting the 855 criteria of this section, and to prospective adoptive families, 856 for registration with the exchange. 857 (4)The adoption exchange shall provide the photo listing 858 service to all licensed child-placing agencies and, in 859 accordance with rules established by the department, to all 860 appropriate citizen groups and other organizations and 861 associations interested in childrens services. 862 (5)Children who are registered with the statewide adoption 863 exchange and for whom there is no available family resource 864 shall be registered with existing regional and national adoption 865 exchanges, consistent with the restrictions in this section. 866 (5)(6)The department shall adopt rules governing the 867 operation of the statewide adoption exchange. 868 Section 13.Paragraphs (d) and (e) of subsection (2) and 869 paragraph (a) of subsection (4) of section 409.1678, Florida 870 Statutes, are amended, and paragraph (h) is added to subsection 871 (2) of that section, to read: 872 409.1678Specialized residential options for children who 873 are victims of commercial sexual exploitation. 874 (2)CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES. 875 (d)Safe houses and safe foster homes shall provide 876 services tailored to the needs of child victims of commercial 877 sexual exploitation and shall conduct a comprehensive assessment 878 of the service needs of each resident. In addition to the 879 services required to be provided by residential child caring 880 agencies and family foster homes, safe houses and safe foster 881 homes must provide, arrange for, or coordinate, at a minimum, 882 the following services: 883 1.Victim-witness counseling. 884 2.Family counseling. 885 3.Behavioral health care. 886 4.Treatment and intervention for sexual assault. 887 5.Education tailored to the childs individual needs, 888 including remedial education if necessary. 889 6.Life skills and workforce training. 890 7.Mentoring by a survivor of commercial sexual 891 exploitation, if available and appropriate for the child. A 892 mentor who meets the survivor peer mentor model as detailed in 893 s. 409.1754(5) must be used whenever possible. 894 8.Substance abuse screening and, when necessary, access to 895 treatment. 896 9.Planning services for the successful transition of each 897 child back to the community. 898 10.Activities structured in a manner that provides child 899 victims of commercial sexual exploitation with a full schedule. 900 (e)The community-based care lead agencies shall ensure 901 that foster parents of safe foster homes and staff of safe 902 houses complete intensive training regarding, at a minimum, the 903 needs of child victims of commercial sexual exploitation, the 904 effects of trauma and sexual exploitation, and how to address 905 those needs using strength-based and trauma-informed approaches 906 and any training required under s. 409.175(14)(e) for licensure. 907 The department shall specify the contents of this training by 908 rule and may develop or contract for a standard curriculum. The 909 department may establish by rule additional criteria for the 910 certification of safe houses and safe foster homes that shall 911 address the security, therapeutic, social, health, and 912 educational needs of child victims of commercial sexual 913 exploitation. 914 (h)The department, in collaboration with the Florida 915 Digital Service, must provide a confidential web-based portal 916 that can be accessed by safe house operators and foster parents 917 for safe foster homes. The portal must provide or maintain: 918 1.Access through the Internet and use an encrypted login 919 and password or other user-specific security and access control; 920 2.Unique content for each of the following user types to 921 assist them with developing, meeting, or expanding community 922 services or bed capacity to serve children who are victims of 923 commercial sexual exploitation or who are at risk of becoming 924 victims of commercial sexual exploitation: 925 a.Prospective unlicensed safe house and safe foster home 926 operators. 927 b.Prospective safe house and safe foster home operators 928 that have a child-caring agency license. 929 c.Actively licensed and certified safe house and safe 930 foster home operators; 931 3.Summaries of all current licensure and certification 932 requirements; 933 4.A frequently asked questions section; 934 5.A listing of safe house and safe foster home contacts 935 who are willing to provide support, advice, and counsel to new 936 operators; and 937 6.An interactive message board or similar system that 938 allows the posting of questions and responses by users. 939 (4)FUNDING FOR SERVICES; CASE MANAGEMENT. 940 (a)This section does not prohibit Any provider of services 941 for child victims of commercial sexual exploitation must, 942 whenever possible, from appropriately bill billing Medicaid for 943 services rendered, contract from contracting with a local school 944 district for educational services, or obtain from obtaining 945 federal or local funding for services provided, as long as two 946 or more funding sources do not pay for the same specific service 947 that has been provided to a child. 948 Section 14.Paragraph (i) of subsection (6), subsection 949 (7), and paragraph (e) of subsection (14) of section 409.175, 950 Florida Statutes, are amended to read: 951 409.175Licensure of family foster homes, residential 952 child-caring agencies, and child-placing agencies; public 953 records exemption. 954 (6) 955 (i)Upon determination that the applicant meets the state 956 minimum licensing requirements and has obtained a letter from a 957 community-based care lead agency which indicates that the family 958 foster home meets the criteria established by the lead agency, 959 the department shall issue a license without charge to a 960 specific person or agency at a specific location. A license may 961 be issued if all the screening materials have been timely 962 submitted; however, a license may not be issued or renewed if 963 any person at the home or agency has failed the required 964 screening. The license is nontransferable. A copy of the license 965 must shall be displayed in a conspicuous place. Except as 966 provided in paragraph (k), the license is valid for a period of 967 up to 1 year from the date of issuance, unless the license is 968 suspended or revoked by the department or is voluntarily 969 surrendered by the licensee. The license is the property of the 970 department. 971 (7)The department may extend a license expiration date 972 once for a period of up to 60 30 days. However, the department 973 may not extend a license expiration date more than once during a 974 licensure period. 975 (14) 976 (e)1.In addition to any other preservice training required 977 by law, foster parents, as a condition of licensure, and agency 978 staff must successfully complete preservice training related to 979 human trafficking which must be uniform statewide and must 980 include, but need not be limited to: 981 a.Basic information on human trafficking, such as an 982 understanding of relevant terminology, and the differences 983 between sex trafficking and labor trafficking; 984 b.Factors and knowledge on identifying children at risk of 985 human trafficking; and 986 c.Steps that should be taken to prevent at-risk youths 987 from becoming victims of human trafficking. 988 2.Foster parents, before licensure renewal, and agency 989 staff, during each full year of employment, must complete 990 inservice training related to human trafficking to satisfy the 991 training requirement under subparagraph (5)(b)7., which must 992 include, but need not be limited to, providing such persons with 993 skills, tools, and strategies to: 994 a.Effectively communicate with children who are at risk of 995 human trafficking or who are victims of human trafficking; 996 b.Mitigate specific maladaptive behaviors exhibited by, 997 and barriers to accessing services or placement experienced by, 998 this unique population; and 999 c.Mitigate secondary traumatic stress experienced by 1000 foster parents and agency staff. 1001 Section 15.Effective upon becoming a law, paragraph (b) of 1002 subsection (1), paragraph (c) of subsection (3), and paragraph 1003 (a) of subsection (4) of section 409.1754, Florida Statutes, are 1004 amended, and subsection (5) is added to that section, to read: 1005 409.1754Commercial sexual exploitation of children; 1006 screening and assessment; training; multidisciplinary staffings; 1007 service plans. 1008 (1)SCREENING AND ASSESSMENT. 1009 (b)1.By December 1, 2023, the department shall, in 1010 collaboration with the Department of Juvenile Justice, the 1011 Florida Institute for Child Welfare at Florida State University, 1012 and the Office of Program Policy Analysis and Government 1013 Accountability: 1014 a.Implement any recommendations necessary to validate the 1015 current screening and assessment instruments; and 1016 b.Develop an indicator tool and outcome algorithm to be 1017 used in conjunction with the screening and assessment 1018 instruments. 1019 2.The initial screening and assessment instruments must 1020 shall be validated by June 1, 2024, if possible, and must be 1021 used by the department, juvenile assessment centers as provided 1022 in s. 985.135, and community-based care lead agencies. 1023 3.If the screening and assessment instruments and 1024 indicator tool required by paragraph (b) are not validated by 1025 June 1, 2024, the department and the Department of Juvenile 1026 Justice shall identify and implement the use screening and 1027 assessment instruments and an indicator tool that have been 1028 previously validated. 1029 (3)TRAINING; LOCAL PROTOCOLS. 1030 (c)Each region of the department and each community-based 1031 care lead agency shall jointly assess local service capacity to 1032 meet the specialized service needs of commercially sexually 1033 exploited children and establish a plan to develop the necessary 1034 capacity. Each plan shall be developed in consultation with 1035 community-based care lead agencies, local law enforcement 1036 officials, local school officials, runaway and homeless youth 1037 program providers, local probation departments, childrens 1038 advocacy centers, guardians ad litem, public defenders, state 1039 attorneys offices, safe houses, and child advocates and service 1040 providers who work directly with commercially sexually exploited 1041 children. By December 1, 2023, and on December 1 triennially 1042 thereafter, the department and each community-based care lead 1043 agency shall prepare a service capacity assessment and 1044 development plan. The plan must, at a minimum, detail all of the 1045 following factors as they relate to the specific local community 1046 service options for children who are victims of commercial 1047 sexual exploitation or are at risk of being commercially 1048 sexually exploited: 1049 1.A summary of current specific community services and 1050 specific bed capacity. 1051 2.Historical barriers to the development of specific 1052 community services and specific bed capacity. 1053 3.An analysis of funding and funding sources, including 1054 Medicaid billing. 1055 4.Any barriers to Medicaid billing. 1056 5.A strategic action plan to develop specific bed capacity 1057 and specific services in the local service area. 1058 (4)LOCAL RESPONSE TO HUMAN TRAFFICKING; TRAINING; TASK 1059 FORCE. 1060 (a)The department To the extent that funds are available, 1061 the local regional director may provide training to local law 1062 enforcement officials who are likely to encounter child victims 1063 of commercial sexual exploitation in the course of their law 1064 enforcement duties. Training must address this section and how 1065 to identify and obtain appropriate services for such children. 1066 The local circuit administrator may contract with a not-for 1067 profit agency with experience working with commercially sexually 1068 exploited children to provide the training. Circuits may work 1069 cooperatively to provide training, which may be provided on a 1070 regional basis. The department shall assist circuits to obtain 1071 available funds for the purpose of conducting law enforcement 1072 training from the Office of Juvenile Justice and Delinquency 1073 Prevention of the United States Department of Justice. 1074 (5)SURVIVOR PEER MENTOR MODEL. 1075 (a)For purposes of this section, the term survivor peer 1076 mentor means a person who has previously been a victim of 1077 commercial sexual exploitation and received specialized training 1078 to become a survivor peer mentor. 1079 (b)The Legislature finds that the use of a survivor peer 1080 mentor model is effective in reducing safety risks and providing 1081 improved outcomes for children who are, or are at risk of 1082 becoming, victims of commercial sexual exploitation. The use of 1083 a survivor peer mentor who has actual experience in surviving 1084 and treating the trauma of being a victim of commercial sexual 1085 exploitation, in collaboration with a social worker or victim 1086 advocate, when possible, will provide the child with a 1087 supportive mentor who has specialized knowledge and experience 1088 in navigating the multiple challenges such victims face, 1089 including, but not limited to, mental illness, substance use 1090 disorder, domestic violence or other trauma, unstable housing, 1091 or unemployment. 1092 (c)Any community overlay service provider or operator of a 1093 safe house or safe foster home as those terms are defined in s. 1094 409.1678 shall collaborate with local providers to ensure that 1095 survivor peer mentors are regularly accessible to the children 1096 served by the service or program. A survivor peer mentor must 1097 undergo a minimum number of hours of training, as established by 1098 the departments rules, to ensure that the peer mentor is able 1099 to properly support and interact with the child in the 1100 dependency system. 1101 Section 16.Paragraph (e) of subsection (1) of section 1102 409.988, Florida Statutes, is amended to read: 1103 409.988Community-based care lead agency duties; general 1104 provisions. 1105 (1)DUTIES.A lead agency: 1106 (e)Shall ensure that all individuals providing care for 1107 dependent children receive: 1108 1.Appropriate training and meet the minimum employment 1109 standards established by the department. Appropriate training 1110 shall include, but is not limited to, training on the 1111 recognition of and responses to head trauma and brain injury in 1112 a child under 6 years of age developed by the Child Protection 1113 Team Program within the Department of Health. 1114 2.Contact information for the local mobile response team 1115 established under s. 394.495. 1116 3.Contact information for a foster-family support program 1117 available 24 hours a day, 7 days a week. The program must 1118 provide, at a minimum, the ability for foster parents to seek 1119 counsel and advice from former and current foster parents and 1120 access mental health crisis services and supports for foster 1121 parents, including, but not limited to, trauma counseling, 1122 placement stabilization, de-escalation, and parent coaching. 1123 Section 17.Present paragraph (f) of subsection (1) of 1124 section 409.996, Florida Statutes, is redesignated as paragraph 1125 (g), and a new paragraph (f) is added to that subsection, to 1126 read: 1127 409.996Duties of the Department of Children and Families. 1128 The department shall contract for the delivery, administration, 1129 or management of care for children in the child protection and 1130 child welfare system. In doing so, the department retains 1131 responsibility for the quality of contracted services and 1132 programs and shall ensure that, at a minimum, services are 1133 delivered in accordance with applicable federal and state 1134 statutes and regulations and the performance standards and 1135 metrics specified in the strategic plan created under s. 1136 20.19(1). 1137 (1)The department shall enter into contracts with lead 1138 agencies for the performance of the duties by the lead agencies 1139 established in s. 409.988. At a minimum, the contracts must do 1140 all of the following: 1141 (f)Require lead agencies to provide a foster-family 1142 support program available 24 hours a day, 7 days a week. The 1143 program must provide, at a minimum, the ability for foster 1144 parents to seek counsel and advice from former and current 1145 foster parents and access mental health crisis services and 1146 supports for foster parents, including, but not limited to, 1147 trauma counseling, placement stabilization, de-escalation, and 1148 parent coaching. 1149 Section 18.Effective upon this act becoming a law, the 1150 Department of Children and Families, the Agency for Health Care 1151 Administration, and the Department of Juvenile Justice shall, 1152 with consultation from stakeholders and subject matter experts, 1153 create a workgroup for the purpose of developing and enhancing 1154 the states service array for persons who are victims of 1155 commercial sexual exploitation. The workgroup shall analyze the 1156 current bed rate for commercial sexual exploitation beds and 1157 recommend a bed rate that is sufficient to provide for the 1158 services, physical space, safety, and costs incidental to 1159 treatment for this population; analyze the funding for 1160 community-based services for commercial sexual exploitation 1161 victims and develop a funding model that combines available 1162 funding sources to cover services, board, and administrative 1163 costs; and analyze the use of Medicaid services for commercial 1164 sexual exploitation victims and, subject to any required 1165 approval of the Centers for Medicare and Medicaid Services, 1166 establish a commercial sexual exploitation specific behavioral 1167 health overlay as a Medicaid-covered service. The Agency for 1168 Health Care Administration shall modify any state Medicaid plans 1169 and implement any federal waivers necessary to implement this 1170 act. The workgroup shall draft a joint strategic action plan to 1171 implement the recommended solutions from the analysis of the 1172 commercial sexual exploitation service array and submit a report 1173 on the recommendations for implementation of the new rates to 1174 the President of the Senate and the Speaker of the House of 1175 Representatives by December 1, 2023. 1176 Section 19.Except as otherwise expressly provided in this 1177 act and except for this section, which shall take effect upon 1178 becoming a law, this act shall take effect July 1, 2023.