Florida Senate Bill S1634 Analysis / Analysis

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs  
 
BILL: SB 1634 
INTRODUCER:  Senator Brodeur 
SUBJECT:  Child Welfare 
DATE: March 24, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Tuzynski Cox CF Pre-meeting 
2.     AHS   
3.     FP  
 
I. Summary: 
SB 1634 makes numerous changes to chapters 39, 409, and 63, F.S., to enhance the child welfare 
system including changes to protect vulnerable children, support caregivers and foster parents, 
and streamline court proceedings and legal processes. The bill also makes numerous changes to 
enhance the system of care for victims of human trafficking. 
 
In regards to ch. 39, F.S., related to the child welfare system, the bill: 
 Creates a process to permanently commit a child whose parents die while the child is in the 
dependency system or who otherwise does not have a safe relative to care for the child and 
must rely upon the Department of Children and Families’(DCF) services, but is not a victim 
of abuse, abandonment, or neglect. 
 Creates an emergency modification of placement process to immediately address child safety 
risks of children in out-of-home care separate from a shelter hearing. 
 Modifies the adoption exchange requirements related to public access and display of 
photographs of each child eligible for adoption. 
 Changes the judicial review process to allow permanent guardians of children who may be 
eligible for the Guardianship Assistance Program to receive maximum available benefits to 
minimize placement disruption and time to permanency by reducing the number of months 
required to close a case in permanent guardianship from 6 to 3 months if the caregiver was 
previously named as a successor guardian. 
 Allows judges to amend case plans at judicial review hearings that already require the court 
to evaluate the appropriateness of the permanency goal and services being offered. 
 Eliminates the requirement to personally serve a parent with a petition when the parent 
appears at a termination of parental rights hearing, aligning statute with the dependency 
hearing process. 
REVISED:   BILL: SB 1634   	Page 2 
 
 Shifts judicial review of the DCF’s decision on adoption applications made to the DCF under 
ch. 39, F.S., from a separate administrative process under ch. 120, F.S., to the judge assigned 
to the dependency proceeding who has the most familiarity with the child and family. 
 
In regards to human trafficking and commercial sexual exploitation, the bill: 
 Requires additional inservice training for foster parents and agency staff to provide better 
tools to communicate and mitigate maladaptive behaviors and trauma for CSE victims and 
the caregivers that are caring for such youth. 
 Requires the DCF and Department of Juvenile Justice (DJJ), by December 1, 2023, to 
implement recommendations for the HTST tool and implement a scoring mechanism to be 
utilized with the current tool. 
 Requires the modified HTST tool to be validated by June 1, 2024 and, if it cannot be 
validated, for the DCF and DJJ to transition to a pre-validated tool. 
 Requires the DCF and Community-Based Care Lead Agencies (CBC) to develop a long 
range plan and strategic plan for current capacity and how to expand CSE capacity, which 
will improve upon the current requirement of the DCF and CBCs to assess local service 
capacity. 
 Removes the requirement that the DCF only provide training to local law enforcement to the 
extent that funds are available. 
 Establishes the Survivor Peer Mentor Model and also requires that CSE providers use the 
model to provide mentorship to CSE youth whenever possible. 
 Requires the CBCs to ensure that staff of safe houses and foster parents of safe foster homes 
complete any of the inservice training required for serving the CSE youth population. 
 Requires the DCF to establish a confidential portal to provide services and information to 
prospective and current CSE safe homes, including an interactive message board for 
providers to communicate and work through challenges. 
 Clarifies that providers must, whenever possible, bill for services through revenue 
maximization methods, rather than current law which says there is no prohibition on such 
billing practices. 
 Requires the DCF, ACHA, and DJJ to work together to analyze the bed rates and develop 
funding models or a CSE-specific Behavioral Health Overlay rate. 
 
The bill has an indeterminate positive fiscal impact on state government and an indeterminate 
negative fiscal impact on the private sector. See Section V. Fiscal Impact Statement. 
 
Sections 15 and 18 of the bill are effective upon becoming law and the remainder of the bill is 
effective July 1, 2023. 
II. Present Situation: 
An estimated 3.9 million referrals of alleged child abuse and neglect were made nationwide in 
2021.
1
 Of that 3.9 million, approximately 2 million met the requirements for an investigation
2
 
                                                
1
 U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau, Report on 
Child Maltreatment 2021, p. 8, available at https://www.acf.hhs.gov/sites/default/files/documents/cb/cm2021.pdf (last 
viewed March 19, 2023). 
2
 Id. at 13; referred to as “screened in referrals.”   BILL: SB 1634   	Page 3 
 
leading to approximately 588,000 children with a finding of maltreatment.
3
 More than 4.28 
million children live in Florida, a vast majority of which, fortunately, never come to the attention 
of Florida’s child welfare system.
4
 In 2021, the Department of Children and Families (DCF) 
investigated 256,060 reports of potential child abuse and approximately 11 percent (27,394) of 
those investigations resulted in a finding of maltreatment.
5
 
 
Congress appropriates federal funds through various grants to the DCF to supplement state 
general revenue funds for the implementation of child welfare programs.
6
 The DCF uses these 
funds to contract with community-care based lead agencies (CBCs) to provide services.
7
 
 
Florida’s Child Welfare System - Generally 
Chapter 39, F.S., creates Florida’s dependency system that is charged with protecting the welfare 
of children; this system is often referred to as the “child welfare system.” The DCF Office of 
Child and Family Well-Being works in partnership with local communities and the courts to 
ensure the safety, timely permanency, and well-being of children.  
 
Child welfare services are directed toward the prevention of abandonment, abuse, and neglect of 
children.
8
 The DCF practice model is based on the safety of the child within his or her home, 
using in-home services such as parenting coaching and counseling to maintain and strengthen 
that child’s natural supports in his or her home environment. Such services are coordinated by 
the DCF-contracted community-based care lead agencies (CBC).
9
 The DCF remains responsible 
for a number of child welfare functions, including operating the central abuse hotline, 
performing child protective investigations, and providing children’s legal services.
10
 Ultimately, 
the DCF is responsible for program oversight and the overall performance of the child welfare 
system.
11
 
 
Department of Children and Families 
The DCF’s statutory mission is to work in partnership with local communities to protect the 
vulnerable, promote strong and economically self-sufficient families, and advance personal and 
family recovery and resiliency.
12
 The DCF must develop a strategic plan to fulfill this mission 
                                                
3
 Id. at 21; referred to as “victims of abuse and neglect.” 
4
 U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau, Child 
Population Data for Florida, available at https://cwoutcomes.acf.hhs.gov/cwodatasite/pdf/florida.html (last viewed March 
19, 2023). 
5
 Id. 
6
 The main federal grant programs that supplement state-level child welfare programs are Titles IV-E and IV-B of the Social 
Security Act. 
7
 Part V of ch. 409, F.S. 
8
 Section 39.001(8), F.S. 
9
 Section 409.986(1), F.S.; See generally The Department of Children and Families (The DCF), About Community-Based 
Care, available at https://www.myflfamilies.com/services/child-family/child-and-family-well-being/community-based-
care/about-community-based-care (last viewed March 15, 2023). 
10
 Office of Program Policy Analysis and Government Accountability, Child Welfare System Performance Mixed in First 
Year of Statewide Community-Based Care, Report 06-50, June 2006, available at 
https://oppaga.fl.gov/Products/ReportDetail?rn=06-50 (last viewed March 19, 2023). 
11
 Id.  
12
 Section 20.19(1)(a), F.S.   BILL: SB 1634   	Page 4 
 
and establish measurable goals, objectives, performance standards, and quality assurance 
requirements to ensure the DCF is accountable to taxpayers.
13
 
 
The DCF is required to provide services relating to: 
 Adult protection. 
 Child care regulation. 
 Child welfare. 
 Domestic violence. 
 Economic self-sufficiency.  
 Homelessness. 
 Mental health. 
 Refugees. 
 Substance abuse.
14
 
 
The DCF must also deliver services by contract through private providers to the extent allowed 
by law and funding.
15
 These private providers include CBCs delivering child welfare services 
and managing entities (MEs) delivering behavioral health services.
16
  
 
Dependency Case Process - Generally 
When child welfare necessitates that the DCF remove a child from the home to ensure his or her 
safety, a series of dependency court proceedings must occur to place that child in out-of-home 
placement, adjudicate the child dependent, and if necessary terminate parental rights and free 
that child for adoption. Steps in the dependency process usually include: 
 A report to the Florida Abuse Hotline. 
 A child protective investigation to determine the safety of the child.  
 The court finding the child dependent. 
 Case planning for the parents to address the problems resulting in their child’s dependency. 
 Placement in out-of-home care, if necessary. 
 Reunification with the child’s parent or another option to establish permanency, such as 
adoption after termination of parental rights.
17
 
 
Dependency 
Proceeding 
Description of Process 
Controlling 
Statute(s) 
Removal 
The DCF may remove a child from his or her home after a 
protective investigation determines that conditions in that 
child’s home are unsafe and a safety plan cannot make the 
conditions safe. 
s. 39.401, F.S. 
                                                
13
 Section 20.19(1)(b), F.S. 
14
 Section 20.19(4)(a), F.S., 
15
 Section 20.19(1)(d), F.S. 
16
 Part V of ch. 409, F.S. and s. 394.9082, F.S. 
17
 The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in 
preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children. S. 
63.022, F.S.  BILL: SB 1634   	Page 5 
 
Dependency 
Proceeding 
Description of Process 
Controlling 
Statute(s) 
Shelter Hearing 
The court must hold a shelter hearing within 24 hours after 
removal. At this hearing, the judge determines whether there 
was probable cause to remove the child and whether to keep 
the child out-of-home. 
s. 39.401, F.S. 
Petition for 
Dependency 
The DCF must file a petition for dependency within 21 days of 
the shelter hearing. This petition seeks to find the child 
dependent. 
s. 39.501, F.S. 
Arraignment 
Hearing and 
Shelter Review 
The court must hold an arraignment and shelter review 
within 28 days of the shelter hearing. The hearing allows the 
parent to admit, deny, or consent to the allegations within 
the petition for dependency and allows the court to review 
any previous shelter placement. 
s. 39.506, F.S. 
Adjudicatory 
Trial 
The court must hold an adjudicatory trial within 30 days of 
arraignment. The judge determines whether a child is 
dependent during this trial. 
s. 39.507, F.S. 
Disposition 
Hearing 
The court must hold a disposition hearing within 15 days of 
arraignment (if the parents admits or consents to 
adjudication) or 30 days of adjudication if a court finds the 
child dependent. At this hearing, the judge reviews the case 
plan and placement of the child and orders the case plan and 
the appropriate placement of the child. 
s. 39.506, F.S. 
s. 39.521, F.S. 
Postdisposition 
Change of 
Custody Hearing 
The court may change the temporary out-of-home placement 
of a child at a postdisposition hearing any time after 
disposition but before the child is residing in the permanent 
placement approved at a permanency hearing. 
s. 39.522, F.S. 
Judicial Review 
Hearings 
The court must review the case plan and placement at least 
every 6 months, or upon motion of a party. 
s. 39.701, F.S. 
Petition for 
Termination of 
Parental Rights 
If the DCF determines that reunification is no longer a viable 
goal and termination of parental rights is in the best interest 
of the child, and other requirements are met, a petition for 
termination of parental rights is filed. 
s. 39.802, F.S. 
s. 39.8055, F.S. 
s. 39.806, F.S. 
s. 39.810, F.S. 
Advisory Hearing 
The court must hold an advisory hearing as soon as possible 
after all parties have been served with the petition for 
termination of parental rights. The hearing allows the parent 
to admit, deny, or consent to the allegations within the 
petition for termination of parental rights. 
s. 39.808, F.S. 
Adjudicatory 
Hearing 
The court must hold an adjudicatory trial within 45 days after 
the advisory hearing. The judge determines whether to 
terminate parental rights to the child at this trial. 
s. 39.809, F.S. 
  BILL: SB 1634   	Page 6 
 
In-Home Services 
The DCF is required to make all efforts to keep children with their families and provide 
interventions that allow children to remain safely in their own homes.
18
 Protective investigators 
and CBC case managers can refer families for in-home services to allow children who would 
otherwise be unsafe to remain in their own homes. As of September 30, 2022, 30,217 children 
were receiving in-home services.
19
 
 
Out-of-home Placement 
When a child protective investigator determines that in-home services are not enough to ensure 
safety, the investigator removes and places the child with a safe and appropriate temporary out-
of-home placement, often referred to as “foster care.”
20
 These out-of-home placements provide 
housing, support, and services to a child until the conditions in his or her home are safe enough 
to return or the child achieves permanency with another family through another permanency 
option, like adoption.
21
 
 
The CBCs must maintain and license various out-of-home placement types
22
 to place children in 
the most appropriate available setting after conducting an assessment using child-specific 
factors.
23
 Legislative intent is to place a child in the least restrictive, most family-like 
environment in close proximity to parents when removed from his or her home.
24
  
 
The DCF, through the CBCs, places children in a variety of settings. As of January 31, 2023 
there were 21,066 children in out-of-home care with 5,420 with non-licensed relatives, 1,948 
with non-licensed non-relative kin, 10,989 in licensed family foster homes (to include Level I 
licensed family and kin), and 1,588 in residential group care.
25
 
 
 
Out-of-home Placements as of January 31, 2023 
 
                                                
18
 Sections 39.402(7), 39.521(1)(f), and 39.701(d), F.S. 
19
 Department of Children and Families, Child Welfare Key Indicators Monthly Report, January 2023, p. 30, available at 
https://www2.myflfamilies.com/service-programs/child-welfare/kids/results-oriented-
accountability/performanceManagement/docs/KI_Monthly_Report_Jan2023.pdf (last viewed March 20, 2023). 
20
 Sections 39.401 through 39.4022, F.S. 
21
 The Office of Program Policy and Government Accountability, Program Summary, available at 
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=5053 (last visited March 15, 2023). 
22
 Chapter 65C-45, F.A.C. 
23
 Rule 65C-28.004, F.A.C., provides that the child-specific factors include age, sex, sibling status, physical, educational, 
emotional, and developmental needs, maltreatment, community ties, and school placement.  
24
 Sections 39.001(1) and 39.4021(1), F.S. 
25
 Department of Children and Families, Child Welfare Key Indicators Monthly Report, January 2023, p. 31, available at 
https://www2.myflfamilies.com/service-programs/child-welfare/kids/results-oriented-
accountability/performanceManagement/docs/KI_Monthly_Report_Jan2023.pdf (last viewed March 20, 2023). 
  BILL: SB 1634   	Page 7 
 
 
Source: Department of Children and Families, Child Welfare Key Indicators Monthly Report, January 2023, p. 31. 
 
Case planning 
For all children and families requiring services in the child welfare system, the DCF must 
develop and draft a case plan.
26
 The purpose of a case plan is to develop a documented plan that 
details the identified concerns and barriers within the family unit, the permanency goal or goals, 
and the services designed to ameliorate those concerns and barriers and achieve the permanency 
goal.
27
   
 
The services detailed in a case plan must be designed in collaboration with the parent and 
stakeholders to improve the conditions in the home and aid in maintaining the child in the home, 
facilitate the child’s safe return to the home, ensure proper care of the child, or facilitate the 
child’s permanent placement.
28
 The services offered must be the least intrusive possible into the 
life of the parent and child and must provide the most efficient path to quick reunification or 
other permanent placement.
29
 
Refer to Section III (Effect of Proposed Changes) of this Bill Analysis for a more detailed  
discussion of the specific sections of current law and the bill’s effect on those sections. 
 
                                                
26
 See Part VII of ch. 39, F.S. 
27
 Section 39.6012(1), F.S. 
28
 Id. 
29
 Id. 
10,989 
5,420 
1,948 
1,588 
209 
823 
Licensed Care
Relative Placement
Non-Relative Placement
Residential Group Care
Residential Treatment
Other BILL: SB 1634   	Page 8 
 
III. Effect of Proposed Changes: 
Confidentiality of Child Welfare Reports and Records (Section 1) 
Section 39.202, F.S., provides for the confidentiality of reports and records in child welfare 
cases. The law requires that that the DCF shall release records to “[a]ny person in the event of 
the death of a child determined to be a result of abuse, abandonment, or neglect.”
30
  
 
Current law does not detail or specify whom must make the requisite determination that the 
death was the result of abuse, abandonment, or neglect or when that determination must occur. 
This lack of specificity has created issues with the DCF being unaware of ‘determinations’ made 
by other entities and being unknowingly liable for the release of records.
31
 The DCF is required 
to complete its investigation within 60 days after receiving 
 
Effect of the Bill 
The bill amends s. 39.202(2)(o), F.S., to clarify that access to child abuse records shall be 
granted to persons after the DCF has closed its investigation and met the requirements of 
39.301(16), F.S., which state that the DCF must close its investigation within 60 days unless: 
 There is an active, concurrent criminal investigation that is continuing beyond the 60-day 
period and closure of the DCF investigation may compromise successful criminal 
prosecution. 
 The final report of a medical examiner is necessary for the DCF to close its investigation and 
the report has not been received. 
 A child necessary to the investigation has been declared missing by the DCF, a law 
enforcement agency, or a court. 
 
Clarifying s. 39.202(2)(o), F.S., provides for transparency and accuracy, giving the DCF time to 
conduct a proper investigation into the cause and circumstances into the death of a child, clarifies 
when an investigation is complete for purposes of record release, and also helps remaining 
family members, including siblings, by ensuring that no information is released pre-maturely, or 
inaccurately. 
 
Multidisciplinary Legal Representation Model (Section 2) 
Multidisciplinary legal representation models (MLRM) have been adopted in states around the 
country, including The Vermont Parent Representation Center, the Center for Family 
Representation, the Bronx Defenders, and the Detroit Center for Family Advocacy.
32
 While the 
traditional legal practice in the United States is to have a solo attorney represent a client, the 
MLRM promotes a team of individuals, including social workers and parent advocates.
33
 A study 
                                                
30
 Section 39.202(2)(o), F.S. 
31
 The DCF, 2023 Agency Legislative Bill Analysis, SB 1634, bill p. 3 (on file with Committee on Children, Families, and 
Elder Affairs Staff). (hereinafter cited as “DCF Bill Analysis”) 
32
 The Children’s Bureau Express, Collaborating to Build Multidisciplinary, Family-Centered, Strengths-Based Courts, May 
2020, available at https://cbexpress.acf.hhs.gov/article/2020/may/collaborating-to-build-multidisciplinary-family-centered-
strengths-based-courts/e93880031b92c150517620efe54bcbf5 (last visited March 21, 2023). 
33
 See Id. Children’s Bureau Express, New Study Shows Providing Parents with Multidisciplinary Legal Representation in 
Child Welfare Cases furthers Everyone’s Interests, July/August 2019, available at  BILL: SB 1634   	Page 9 
 
by the Bronx Defenders that examined more than 28,000 New York dependency cases between 
2007 and 2014 found that full implementation of the MLRM would have saved an estimated $40 
million per year for the foster care system.
34
 This same study suggests that representation that 
utilized the multidisciplinary model were able to safely reunify children with their families 43 
percent more often in their first year than solo practitioners, and 25 percent more often in the 
second year.
35
  
 
In 2018, Congress enacted the Family First Prevention Services Act (FFPSA) aimed at providing 
financial assistance with a focus on prevention services to turn the focus of the child welfare 
system toward keeping children safely with their families to avoid the trauma that results when 
children are placed in out-of-home care.
36
 The FFPSA created a clear path to use Title IV-E 
federal funding for legal representation and advocacy for eligible children in foster care and their 
parents.
37
 
 
In 2021, the Legislature created s. 39.4092, F.S., with the intent of providing a statutory structure 
for Office of Criminal Conflict and Civil Regional Counsel’s (OCCCRC) to establish and 
operate MLRM programs to serve families in dependency cases.
38
 To monitor the use and collect 
data on the effect of the MLRM in Florida, the statute requires certain data to be collected and 
reported in an annual report to the Office of Program Policy Analysis and Government 
Accountability for analysis (OPPAGA).
39
 
 
Effect of the Bill 
The bill changes the name from a Multidisciplinary Legal Representation Model Program to a 
Multidisciplinary Legal Representation Program (MLRP) and broadens the language of the 
MLRP requirements to allow “other similar professionals” as part of the model, not just parent-
peer specialists and social workers. The bill also provides more flexibility for the establishment 
of MLRPs by changing the structure of the team from an attorney, forensic social worker, and a 
parent-peer specialist to at least an attorney and one other member, which may be a: 
 Parent-peer specialist; 
 Forensic social worker; or 
 Similar professional. 
 
The bill also reduces the reporting requirements on the OCCCRC from very specific data points 
in an annual report to “certain requested data” by OPPAGA and extends the annual data 
                                                
https://cbexpress.acf.hhs.gov/article/2019/july-august/new-study-shows-providing-parents-with-multidisciplinary-legal-
representation-in-child-welfare-cases/c13840031b92c150517620efe54bcb67 (last visited March 21, 2023). 
34
 NYU Law, Providing Parents with the Right Kind of Legal Representation in Child Welfare Cases Significantly Reduces 
the Time Children Stay in Foster Care, New Study Finds, May 7, 2009, available at https://www.law.nyu.edu/martin-
guggenheim-interdisciplinary-parental-representation-child-welfare (last visited March 21, 2023). 
35
 Id.  
36
 U.S. Department of Health and Human Services, Administration for Children and Families, Family First Prevention 
Services Act, available at https://www.childwelfare.gov/topics/systemwide/laws-policies/federal/family-first/ (last visited 
March 21, 2023). 
37
 U.S. Department of Health and Human Services, Administration for Children and Families, High Quality Memo, p. 10-11,  
January 14, 2021, available at https://www.courts.ca.gov/documents/ffdrp_acf2021_high_quality_memo.pdf (last visited 
March 21, 2023). 
38
 Chapter 2021-170, s. 14, L.O.F. 
39
 Id.  BILL: SB 1634   	Page 10 
 
collection through 2026. These changes allow OCCCRC to operate MLRP with personnel that 
may fit their particular programs better and for OPPAGA to analyze and study the data from 
OCCCRC from around the state without forcing those offices into highly prescriptive data 
collection that may not be as instructive as other data points, ultimately leaving the data request 
up to OPPAGA. 
 
Procedures related to Deceased Parents (Section 3) 
Currently, when both parents of a child are deceased with no family member to serve as legal 
guardian or custodian through a probate or guardianship proceeding, the DCF can adjudicate a 
child dependent. However, there is no legal mechanism to permanently commit a child to the 
custody of DCF for subsequent adoption.
40
 
 
In F.L.M. v. Department of Children and Families,
41
 the court held that when the parents or 
guardians of a child have died, they have not abandoned the child because the definition of 
abandonment contemplates the failure to provide a minor child with support and supervision 
while being able and the parents who died are no longer able. Instead, the courts have held that 
an orphaned child without a legal custodian can be adjudicated dependent based upon s. 
39.01(14)(e), F.S., in a child has no parent or legal custodian capable of providing supervision 
and care.
42
 As such, the DCF relies upon s. 39.01(14)(e), F.S., to adjudicate orphaned children 
dependent. 
 
Section 39.811(2), F.S., permits a court to commit a child to the custody of the DCF for the 
purpose of adoption if the court finds by clear and convincing evidence that the grounds for 
termination of parental rights are established. Section 39.806(1), F.S., outlines various grounds 
for termination of parental rights. However, all available grounds require that a parent engage in 
behavior that puts a child at risk. The DCF cannot seek termination of a deceased parent’s 
parental rights based on available grounds because a deceased parent has not and can no longer 
engage in behavior that puts a child at risk. Furthermore, even if there were a statutory ground to 
seek the termination of a deceased parent’s rights, there are benefits that a child may be receiving 
such as social security benefits or an inheritance and the DCF would not want seek a termination 
of the deceased parent’s rights and disrupt those benefits.
43
 Currently, courts are permanently 
committing children to the custody of the DCF without meeting the requirements of s. 39.811(2), 
F.S., which requires termination of parental rights by clear and convincing evidence.
44
 
 
Effect of the Bill 
The bill creates s. 39.5035, F.S., to create a process that allows a court to permanently commit a 
child whose parents are deceased to the custody of DCF for the purpose of adoption without 
terminating the parental rights of the deceased parents. 
 
                                                
40
 DCF Bill Analysis, p. 3. 
41
 912 So. 2d 1264 (Fla. 4th DCA 2005) 
42
 Id. 
43
 Id. 
44
 Id.  BILL: SB 1634   	Page 11 
 
The bill allows an attorney for the DCF or any person with knowledge of the facts that support a 
petition for adjudication and permanent commitment to initiate proceedings with the filing of 
such petition. The bill requires that both parents of a child be deceased and there has not been an 
appointment of a legal custodian or guardian through probate or a guardianship proceeding. 
 
For a child who has not previously been adjudicated dependent, the bill requires the filing of a 
petition for adjudication and permanent commitment within 21 days after the shelter hearing and 
placement in shelter status by court order or within a reasonable time after becoming aware of 
the facts that support the petition in all other cases. For a child who has already been adjudicated 
dependent, a petition for permanent commitment must be filed within a reasonable time after 
becoming aware of the facts that support the petition. 
 
The bill requires the petition for adjudication and permanent commitment and the petition for 
permanent commitment to be in writing and contain all of the following: 
 Identification of the deceased parent or parents; 
 The facts that establish that both parents of the child are deceased; 
 The facts that establish that a legal custodian or guardian has not been appointed; and 
 The signature of the petitioner stating the filing of the petition is in good faith. 
 
The bill requires an adjudicatory hearing be set as soon as practicable, but no later than 30 days 
after the filing of the petition. Notice of the date, time, and place of the adjudicatory hearing and 
a copy of the petition must be served on: 
 Any person who has physical custody of the child. 
 A living relative of each parent of the child, unless a living relative cannot be found after 
diligent search or inquiry. 
 The guardian ad litem for the child or a representative of the guardian ad litem program, if 
applicable. 
 
The bill requires the adjudicatory hearing to be conducted by a judge without a jury and applying 
the rules of evidence in use in civil cases. The court must determine by clear and convincing 
evidence that the petitioner has established that both parents of the child are deceased and that a 
legal custodian or guardian has not been appointed for the child. The bill provides that a certified 
copy of a death certificate is sufficient evidence of proof of a parent’s death. 
 
The bill also requires the court to make one of the following determinations within 30 days after 
the adjudicatory hearing: 
 For a petition for adjudication and permanent commitment: 
o If the court finds the petition has been proven by clear and convincing evidence, the court 
must adjudicate the child dependent and permanently commit the child to the custody of 
the DCF for the purpose of adoption, hold a disposition hearing no later than 30 days 
after the entry of the order, and the DCF must provide a case plan that identifies the 
permanency goal for the child. Reasonable efforts must be made to timely place the child 
and finalize the permanent placement of the child. The court must hold review hearings 
every 6 months until the child is adopted or reaches 18 years of age. 
o If the court does not find the petition has been proven by clear and convincing evidence, 
but that a preponderance of evidence establishes the child does not have a parent capable  BILL: SB 1634   	Page 12 
 
of providing supervision or care, the court must adjudicate the child dependent and hold a 
disposition hearing no later than 30 days after the entry of the order. 
o If the court does not find the petition has been proven by clear and convincing evidence 
and that a preponderance of evidence does not establish the child does not have a parent 
capable of providing supervision or care, the court must dismiss the petition. 
 For a petition for permanent commitment: 
o If the court finds that the petition has been proven by clear and convincing evidence the 
court must permanently commit the child to the custody of the DCF for the purposes of 
adoption. A disposition hearing must be held no later than 30 days after the entry of the 
order, and the DCF must provide a case plan that identifies the permanency goal for the 
child. Reasonable efforts must be made to timely place the child and finalize the 
permanent placement of the child. The court must hold review hearings every 6 months 
until the child is adopted or reaches 18 years of age. 
o If the court does not find the petition has been proven by clear and convincing evidence, 
the court must deny the petition. The order denying the petition has no effect on the 
child’s prior adjudication and does not bar the petitioner from filing a subsequent petition 
for permanent commitment based on newly discovered evidence. 
 
Emergency Postdisposition Change of Placement (Section 4) 
Section 39.522, F.S., details the process for a dependency court to grant changes of placement 
for children who are in the dependency system. The law allows a petition to be brought before 
the court alleging the need for the change of placement of a child who is placed by the DCF 
under protective supervision. If any party or the current caregiver denies the need for the change, 
the court must hear all parties through an evidentiary hearing. Upon the admission of a need for a 
change or after such hearing and finding of a need for change of placement, the court must enter 
an order changing the placement, modifying the conditions of protective supervision, or 
continuing the conditions of protective supervision as ordered. The standard for postdisposition 
change of placement is the best interests of the child.
45
 
 
When determining whether a change of legal custody or placement is in the best interests of the 
child, the court must consider 15 best interest factors,
46
 and any report filed by the 
                                                
45
 Section 39.01375, F.S. 
46
 Section 39.01375, F.S. lists 15 factors the court must consider when determining whether a proposed placement change is 
in a child’s best interest: The child’s age; the physical, mental, and emotional health benefits to the child by remaining in his 
or her current placement or moving to the proposed placement; the stability and longevity of the child’s current placement; 
the established bonded relationship between the child and the current or proposed caregiver; the reasonable preference of the 
child, if the child is of a sufficient age and capacity to express a preference; the recommendation of the child’s current 
caregiver, if applicable; the recommendation of the child’s guardian ad litem, if one has been appointed; the child’s previous 
and current relationship with a sibling and if the change of legal or physical custody or placement will separate or reunite 
siblings, evaluated in accordance with s. 39.4024, F.S.; the likelihood of the child attaining permanency in the current or 
proposed placement; the likelihood the child will be required to change schools or child care placement, the impact of such 
change on the child, and the parties’ recommendations as to the timing of the change, including an education transition plan 
required under s. 39.4023, F.S.; the child’s receipt of medical, behavioral health, dental, or other treatment services in the 
current placement; the availability of such services and the degree to which they meet the child’s needs; and whether the 
child will be able to continue to receive services from the same providers and the relative importance of such continuity of 
care; the allegations of any abuse, abandonment, or neglect, including sexual abuse and human trafficking history, which 
caused the child to be placed in out-of-home care and any history of additional allegations of abuse, abandonment, or neglect; 
the likely impact on activities that are important to the child and the ability of the child to continue such activities in the  BILL: SB 1634   	Page 13 
 
multidisciplinary team. The court must also consider the priority of placements established in 
law when making a decision regarding the best interest of the child in out-of-home care.
47
 
 
Importantly, s. 39.522(2), F.S., does not provide for an emergency hearing when a child’s 
placement must be immediately modified. Because there is no emergency process for 
modification of placement, when a child is at risk of abuse, abandonment, or neglect in his or her 
current licensed placement, the DCF has been exercising its shelter power to protect the child 
and the court conducts a shelter hearing.
48
 This leads to confusion as to whether the standard to 
be used to move the child is probable cause to shelter or best interests of the child to modify 
placement.
49
  
 
The DCF reports that during FY 2021-2022 dependency courts granted a postdisposition change 
of placement for 6,921 children in the dependency system.
50
 
 
Effect of the Bill 
The bill amends s. 39.522, F.S., to create a process for emergency modifications of placement for 
children who have already been subject to disposition in his or her dependency case.  
 
The bill allows, at any time, an authorized agent of the DCF or a law enforcement officer to 
remove a child from a court-ordered placement and take the child into custody if the child’s 
current caregiver requests immediate removal of the child from the home or if the circumstances 
meet the criteria of a shelter.
51
   
 
The bill requires that if at the time of the removal the child was not placed in licensed foster care, 
the DCF must file a motion to modify placement within one business day of the child being 
taken into custody. Unless all parties stipulate to the change of placement, the court must set a 
hearing within 24 hours of the filing of the motion. The bill requires the court to determine 
whether the DCF has established probable cause that reasonable grounds exist to immediately 
remove the child from the current placement. This determination may be based on a sworn 
motion or affidavit and the court may hear all relevant and material evidence, including oral and 
written reports to the extent of its probative value even though it would not be competent 
evidence at an adjudicatory hearing. The bill requires the court to order the return of the child to 
his or her placement, if probable cause is not established to support the removal. If the caregiver 
admits to a need for a change of placement, the court must enter an order changing the 
placement. If the need for a change of placement is made based on a finding of probable cause, 
the court must conduct a change of placement hearing. 
 
                                                
proposed placement; the likely impact on the child’s access to education, Medicaid, and independent living benefits if moved 
to the proposed placement; and any other relevant factor. 
47
 Section 39.4021(2)(a), F.S. lists the priority of placements that must be considered, as follows: 1. Nonoffending parent; 2. 
Relative caregiver; 3. Adoptive parent of the child’s sibling, when the DCF or CBC is aware of such sibling; 4. Fictive kin 
with a close existing relationship with the child; 5. Nonrelative caregiver that does not have an existing relationship with the 
child; 6. Licensed foster care; 7. Group or congregate care. 
48
 DCF Bill Analysis, p. 4. 
49
 Id. 
50
 Id. 
51
 Section 39.401, F.S., details the conditions in which a child may be sheltered.  BILL: SB 1634   	Page 14 
 
The bill also requires that when a child’s placement is changed to a non-licensed placement, the 
new placement must meet the home study criteria of ch. 39, F.S.
52
 
 
Case Plan Amendments (Section 5) 
Dependency courts have routinely amended case plan goals and tasks during regular judicial 
review hearings required under s. 39.701, F.S,
53
 which provides that the court must conduct a 
judicial review hearing to review the child’s permanency goal.  Historically, the courts have 
relied on the judicial review social study report filed by the DCF, the information therein, and 
information relayed to the case managers by service providers as evidence in the court’s review 
of the case plan goals and tasks.
54
  
 
In March of 2022, the Third District Court of Appeal in R.R. v. Department of Children & 
Families
55
 ruled that a judicial review hearing is not a hearing to amend a case plan and that an 
evidentiary standard higher than what applies to judicial reviews is necessary to amend a case 
plan goal. Under the principles restated in Pardo v. State,
56
 the Third District Court of Appeals’ 
decision is binding on all Florida trial courts.  
 
As a result, the DCF is no longer able to rely on the judicial review social study report to change 
case plan goals; case managers and providers statewide must attend judicial review hearings and 
directly testify to the need to change the goal. Furthermore, case managers may no longer testify 
to information learned from providers about the parent’s progress toward reunification with the 
child. 
 
Effect of the Bill 
The bill amends s. 39.6013(4), F.S., to provide that, at any hearing, the case plan may be 
amended to change the goal, employ concurrent planning, or change tasks the parent must 
complete if there is evidence demonstrating the need for the case plan amendment, which 
includes testimony and oral and written reports, even if not competent at an adjudicatory hearing. 
The bill provides that any change in the goal from reunification to another permanency goal does 
not eliminate the DCF’s responsibility to provide reasonable efforts to provide services where 
reasonable efforts are otherwise required by law. 
 
The bill also amends s. 39.6013(5), F.S., provide that, at any hearing, the case plan may be 
amended to provide appropriate services to the child if there is evidence demonstrating the need 
                                                
52
 Section 39.521(2)(o), F.S., requires that a proposed shelter or postdisposition placement for a child must have a favorable 
home study report, unless the court otherwise finds the placement in in the child’s interest. 
53
 DCF Bill Analysis, p. 4. 
54
 Id. 
55
 338 So. 3d 1026 (Fla. 3d DCA 2022). 
56
 596 So. 2d 665, 666 (Fla. 1992); the court held that “in the absence of interdistrict conflict, district court decisions bind all 
Florida trial courts.” Further quoting State v. Hayes, 333 So.2d 51, 53 (Fla. 4th DCA 1976) to state that “The District Courts 
of Appeal are required to follow Supreme Court decisions. As an adjunct to this rule it is logical and necessary in order to 
preserve stability and predictability in the law that, likewise, trial courts be required to follow the holdings of higher courts—
District Courts of Appeal. The proper hierarchy of decisional holdings would demand that in the event the only case on point 
on a district level is from a district other than the one in which the trial court is located, the trial court be required to follow 
that decision.”  BILL: SB 1634   	Page 15 
 
for the case plan amendment, which includes testimony and oral and written reports, even if not 
competent at an adjudicatory hearing. 
 
With these changes, the court is allowed to rely on reports filed by the DCF or Guardian ad 
Litem program, including any provider reports and information provided at the hearing, to 
change a case plan goal or to order additional services for a child without the need to schedule an 
additional hearing. 
 
Permanent Guardianship and Guardian Assistance Program (Sections 6 and 8) 
Congress approved the Fostering Connections and Increasing Adoptions Act in 2008.
57
 A key 
element of the legislation is the creation of a federally-supported Guardianship Assistance 
Program (GAP) for relatives and fictive kin. The GAP gives states the option of using federal 
Title IV-E funds to support kinship guardianship payments for children living in the homes of 
relative caregivers who become these children’s legal guardians. The GAP reflects a significant 
body of research establishing the importance of linking foster children with relatives and other 
adults with whom they have a close relationship.  
 
Florida established its GAP program in law in 2018.
58
 Establishment of the GAP framework 
allows the state to receive other Title IV-E funds to support guardians and allows the DCF to 
provide caregivers who establish legal guardianship with a larger monthly stipend relative to 
existing state programs.   
 
The eligibility requirements to participate in Florida’s GAP are set by statute.
59
 In keeping with 
federal requirements, for a guardian to qualify to receive benefits on behalf of the child, he or she 
must: 
 Have the child’s placement approved by the court; 
 Have the court grant legal custody to the guardian;  
 Be licensed as a Level I provider of foster care under s. 409.175, F.S.; and, 
 Be a guardian for a child who was eligible for federal foster care maintenance payments 
under Title IV-E for at least six consecutive months while the child resided in the home 
of the guardian and the guardian was licensed as a provider of foster care.
60
 
 
The DCF provides GAP participants assistance payments of $4,000 annually, or another amount 
specified in a written agreement, paid on a monthly basis.
61
 The DCF must redetermine 
eligibility annually for GAP participants. Payments can continue even if the family moves out of 
the state, or until the child reaches 18 or 21 if a guardianship assistance agreement was first 
established when the child was 16 or 17 years old. 
 
Federal law allows for the identification of a successor guardian for families receiving a GAP 
payment.
62
 The successor guardian is intended to maintain a relationship with the child while the 
                                                
57
 H.R. 6893 of 2008. P.L. 110-351. 
58
 Chapter 2018-103 s. 10, L.O.F. 
59
 Section 39.6225, F.S. 
60
 Id. 
61
 Section 39.6225(5)(d), F.S. 
62
 Title IV-E, 42 U.S.C. s. 673(d)(3)(C).  BILL: SB 1634   	Page 16 
 
child is placed with the initial guardian and to care for the child in the event of death or 
incapacitation of the initial guardian. A successor guardian must be identified and documented in 
the Guardianship Assistance Agreement and must complete background screening.
63
  
 
Current law requires a child to be placed with a caregiver for a minimum of six months prior to 
closing out to permanent guardianship.
64
 If a successor guardian were needed, the court would be 
required to re-open the dependency case for the full six-month post-placement supervision. This 
six-month timeframe unnecessarily prolongs the time to permanency for a child, especially 
considering that the successor guardians already have a relationship with the child prior to 
becoming their guardian. 
 
Section 39.701, F.S., which outlines the judicial review process, does not currently contemplate 
that the dependency court will inquire about the caregiver’s progress toward meeting the 
eligibility criteria for the GAP. As a result, permanency hearings to close cases to permanent 
guardianship are often continued to complete the eligibility requirements before closure, which 
prolongs how long the child remains in the dependency system.
65
 Alternatively, some 
dependency courts have prematurely closed cases to permanent guardianship before all eligibility 
criteria were met and preclude caregivers from receiving the full range of benefits that have been 
made available to promote stable placements.
66
 The DCF has received guidance that federal 
funding cannot be used to support GAP payments unless all eligibility criteria were met prior to 
closure.
67
 Upon notification to caregivers that they will not be receiving GAP payments, some 
are requesting that the guardianship be dissolved or are filing Chapter 120 appeals of the denial 
of payments.
68
 
 
Effect of the Bill 
The bill amends s. 39.6221, F.S., to require a child to be placed with a successor guardian for a 
minimum of three months prior to closing out to permanent guardianship. The requirement 
would only apply, if the individual has been identified as the child’s successor guardian and was 
listed on the child’s Guardianship Assistance Agreement. All other caregivers would be required 
to complete a minimum of six months of placement prior to closing out to permanent 
guardianship. Monitoring the child’s placement for three months, is sufficient and will allow for 
establishing services and ensuring the child is adapting to the change in placement.  
 
Section 39.6221(1), F.S., is amended to add, as a prerequisite to a court establishing a permanent 
guardianship, that the court inquire of the eligibility status under s. 39.6225, F.S., to determine if 
the prospective permanent guardian intends to enter the GAP. 
 
Section 39.701(2)(c), F.S., is modified to require the dependency court to determine at a judicial 
review whether there are any barriers to meeting the eligibility requirements of the GAP. This 
amendment would ensure that, when it is in the child’s best interests, the case can close to 
                                                
63
 Rule 65C-44.0045, F.A.C. 
64
 Section 39.6221(1)(a), F.S. 
65
 DCF Bill Analysis, p. 5. 
66
 Id. 
67
 Id. 
68
 Id.  BILL: SB 1634   	Page 17 
 
permanent guardianship with the caregiver receiving the necessary benefits to prevent disruption 
due to financial instability. 
 
Continuing Care for Young Adults in DJJ placements (Section 7) 
In 2013, the Legislature created a path for youth who have not achieved permanency and turned 
18 years of age while in licensed care to remain in licensed care and receive case management 
services until the date of the young adult’s 21
st
 birthday.
69
 This program is commonly referred to 
as “extended foster care.” To be eligible for extended foster care, a young adult must be: 
 Completing secondary education or a program leading to an equivalent credential; 
 Enrolled in an institution that provides postsecondary or vocational education; 
 Participating in a program or activity designed to promote or eliminate barriers to 
employment; 
 Employed at least 80 hours per month; or 
 Unable to participate in the above listed activities due to a physical, intellectual, emotional, 
or psychiatric condition that limits participation.
70
 
 
The young adult must live in a supervised living arrangement that is approved by the DCF or 
CBC and must live independently, but in an environment in which he or she is provided 
supervision, case management, and supportive services. These supervised living arrangements 
may include a: 
 Licensed foster home; 
 Licensed group home; 
 College dormitory; 
 Shared housing; 
 Apartment; or 
 Other housing arrangement approved by the CBC.
71
 
 
Effect of the Bill 
The bill amends s. 39.6251, F.S., to clarify that a young adult in a DJJ detention center or 
commitment program, who otherwise would have been living in licensed care on the date of his 
or her 18
th
 birthday, must be deemed to have met the licensed placement eligibility requirement 
for extended foster care. The DCF’s supervision of such young adults is limited to CBC case 
management services to facilitate the young adult’s transition to a supervised living environment 
upon release from a DJJ detention or commitment program. 
 
Judicial Notice in Termination of Parental Rights Cases (Section 9) 
During the dependency phase of a case, current law provides that personal appearance of any 
person in a hearing before the court obviates the necessity of serving process on that person.
72
  
However, there is no similar provision during the termination of parental rights phase of the 
                                                
69
 Chapter 2013-178 s. 5, L.O.F., codified as s. 39.6251, F.S. 
70
 Section 39.6251(2), F.S. 
71
 Section 39.6251(4)(a), F.S. 
72
 Section 39.502(2), F.S.  BILL: SB 1634   	Page 18 
 
case.
73
 When a case has entered the termination of parental rights phase, even if a parent arrives 
to a hearing, the DCF must personally serve that parent and the hearing must be reset to a later 
date. When hearings are conducted remotely, the DCF is not able to personally serve the parent 
during the hearing; therefore, the hearing cannot be re-held until service by a formal process 
server is completed.
74
 This can result in delays in the termination of parental rights process and 
permanency for children. 
 
Effect of the Bill 
The bill amends s. 39.801(3), F.S., to mirror language relating to the dependency phase of the 
case that allows for personal appearance at a termination advisory hearing, or any other 
subsequent hearing, to remove the need for personal service.
75
  
 
This language will enable a trial court to conduct an advisory hearing if a parent has personally 
appeared regardless of whether the parent was personally served with the petition, eliminating 
continuances and delays, and reducing time to permanency for children. 
 
Child Welfare Adoptions and Adoption Decision Review Process (Sections 10 and 11) 
The Florida Adoption Act, codified in ch. 63, F.S., applies to all adoptions, whether private or 
from the child welfare system, involving the following entities: 
 The DCF under ch. 39, F.S.; 
 Child-placing agencies licensed by the DCF under s. 63.202, F.S.;  
 Child-caring agencies registered under s. 409.176, F.S.; 
 An attorney licensed to practice in Florida; or  
 A child-placing agency licensed in another state which is licensed by the DCF to place 
children in Florida.
76
 
 
Child Welfare Adoptions 
Ultimately, if a child’s home remains unsafe and the court is unable to reunify him or her, the 
child welfare system may seek a permanent home for that child through the adoption process.
77
 
Adoption is the act of creating a legal relationship between a parent and child where one did not 
previously exist, declaring the child to be legally the child of the adoptive parents and entitled to 
all rights and privileges and subject to all obligations of a child born to the adoptive parents.
78
 
Adoption is one of the legally recognized child-welfare permanency goals that may be ordered 
by a court for a child within the child welfare system.
79
 
 
                                                
73
 See generally Part X of ch. 39, F.S. 
74
 DCF Bill Analysis, p. 5. 
75
 Section 39.502(2), F.S. 
76
 Section 63.032(3), F.S. 
77
 Section 39.811(2), F.S.; See generally Parts VIII and X of ch. 39, F.S. 
78
 Section 39.01(5), F.S. 
79
 Section 39.01(59), F.S., defines “permanency goal” to mean the living arrangement identified for the child to return to or 
identified as the permanent living arrangement of the child. The permanency goal is also the case plan goal. If concurrent 
case planning is being used, reunification may be pursued at the same time as another permanency goal is pursued. See also 
Section 39.621(3), F.S.  BILL: SB 1634   	Page 19 
 
To free a child for adoption, the DCF must terminate the legal relationship between the child and 
his or her current parents in a proceeding known as a termination of parental rights. Once this 
process has occurred and parental rights have been terminated, the court retains jurisdiction over 
the child until the child is adopted.
80
 The DCF may place the child with a licensed child-placing 
agency, a registered child-caring agency, or a family home for prospective adoption if given 
custody of a child that has been made available for a subsequent adoption under ch. 39, F.S.
81
  
 
The DCF’s ability to place a child in its custody for adoption and the court’s review of that 
placement is controlled by s. 39.812, F.S. The law provides that the DCF may place a child in a 
home and the DCF’s consent alone, in all cases, is sufficient.
82
 The dependency court retains 
jurisdiction over any child placed in the custody of the DCF until the child is adopted.
83
  After 
custody of a child for subsequent adoption has been given to the DCF, the court has jurisdiction 
for the purpose of reviewing the status of the child and the progress being made toward 
permanent adoptive placement.
84
 As part of this continuing jurisdiction, the court may review the 
appropriateness of the adoptive placement upon good cause shown by the Guardian ad Litem for 
the child.
85
 
 
Adoption Decision Review Process 
When a child is available for adoption, the DCF through its contractors receives applications to 
adopt the child.
86
 Some applicants are denied because their adoption home study is denied based 
on criminal history.
87
 When there are two or more families with approved home studies, the DCF 
sends these conflicting applications through the adoption applicant review committee (AARC) 
for resolution.
88
 The decision of the AARC is then reviewed and the DCF issues its consent to 
one applicant while communicating its denial to the other applicants through certified letter.
89
  
 
Unsuccessful applicants are able to seek review of the DCF action through the administrative 
hearing process under ch. 120, F.S. Designated hearing officers at the DCF hear these reviews. 
The assignment of adoption decision disputes to the ch. 120, F.S., process did not originate with, 
nor was it inspired by, legislative directive. This process arose due to the opinion in Department 
of Children & Family Services v. I.B. and D.B.
90
 Notwithstanding this opinion, the Legislature’s 
overall intent in relation to permanency and the resolution of disputes in the dependency case is 
to proceed under ch. 39, F.S. Furthermore, the ch. 120, F.S., process precludes the selected 
applicant from participating, which is statutorily permissible in the dependency court 
proceeding.
91
 
 
                                                
80
 Section 39.811(9) 
81
 Section 39.812(1), F.S.; See generally Parts VIII and X of ch. 39, F.S. 
82
 Section 39.812(1), F.S. 
83
 See ss. 39.811(9), 39.812(4), and 39.813, F.S 
84
 Section 39.812(4), F.S. 
85
 Section 39.811(9), F.S. 
86
 Rule 65C-16.004, F.A.C. 
87
 Rule 65C-16.007, F.A.C. 
88
 Rule 65C-16.005(9), F.A.C. 
89
 Id. 
90
 See generally 891 So. 2d 1168 (Fla. 1st DCA 2005).   
91
 DCF Bill Analysis, p. 6.  BILL: SB 1634   	Page 20 
 
Florida law also permits denied adoption applicants to initiate legal action under ch. 63, F.S., by 
filing a petition for adoption.
92
  Upon filing the petition, the petitioner must demonstrate that the 
DCF has unreasonably withheld its consent to the adoption.
93
 Because ch. 63, F.S., permits 
anyone who meets the requirements of s. 63.042(2), F.S., to adopt and any petitioner may argue 
the DCF’s consent to the adoption should be waived because it was unreasonably withheld, 
multiple parties may file a petition to adopt the same child.
94
  
 
There can be up to four proceedings simultaneously addressing the adoption of a single child: 
 The Chapter 39, F.S., dependency proceeding; 
 The Chapter 63, F.S., adoption proceeding filed by the family who has the DCF’s consent; 
 The Chapter 63, F.S., adoption proceeding filed by the applicant whose application was 
denied; and 
 The Chapter 120, F.S., proceeding to dispute the adoption decision by the DCF. 
 
Multiple competing adoption petitions and proceedings require additional court hearings to 
resolve the conflict and lead to a delay of the child’s adoption.
95
  These court proceedings often 
occur concurrently with the administrative hearing process, which can lead to disparate results.
96
 
  
                                                
92
 Section 63.042(2), F.S. 
93
 Section 63.062(7), F.S. 
94
 DCF Bill Analysis, p. 6. 
95
 Id. 
96
 The DCF, Electronic email from John Paul Fiore, Legislative Affairs Director, RE: Senate Request: OCFW Bill – Adoption 
Proceedings, February 9, 2022 (on file with the Committee on Children, Families, and Elder Affairs)  BILL: SB 1634   	Page 21 
 
 
Chapter 120 Administrative Hearings 
Year Number of Hearings 
Decision Overturned by 
Hearing Officer 
2018 	38 	1 
2019 	58 	0 
2020 	51 	0 
2021 	43 	1 
2022 	41 	3 
 
Each of these cases involves attorneys for DCF serving as lead trial counsel as well as a separate 
attorney serving as a designated hearing officer.
97
 The amount of hourly work performed by staff 
in each of these cases is as follows: 
 Hearing officer: approximately 33 hours.  
 Assigned counsel: approximately 49 hours.  
 Agency clerk’s office: approximately 17 hours. 
 Designated representative: approximately 35 hours.
98
 
 
In total, each case involves an average of 134 hours of resources by the DCF.   
 
In addition to the hourly cost associated with staff time, there are fixed costs associated with 
each case, to include a standard appearance fee, necessary for each hearing by statute, is 
generally $1000 for a two day case.
99
 This $1,000 fee is compounded by the costs of transcripts, 
generally a $1,750 expense.
100
 The total costs associated with these administrative matters for 58 
cases annually equate to $555,524 with total hourly commitment by Department staff equating to 
7,772 hours, or four FTEs.
101
   
 
These numbers do not include the hours, time, and monetary resources required by the DCF 
contracted staff, agency witnesses, or other individuals required to give/present testimony and 
resolve these matters. These cases routinely involve multiple individuals, many of whom have 
primary responsibilities as front-line investigators, case managers, nurses, or even psychologist 
and doctors. It is difficult to estimate the costs of these individuals’ time due to the varied nature 
of their employment, but it likely equals or surpasses the dollar and time amounts from 
Department counsel, agency clerk, and agency representative.
102
   
 
Beyond the agency costs are the delays inherent in these procedures that work counter to the ch. 
39, F.S. goal of permanency.  Twenty-five ch. 120, F.S., contested adoption matters were 
sampled from 2020 and 2021, and the average length of time between the receipt of a hearing 
request and entry of a final order was 206 days.
103
 Of note, this does not include any additional 
                                                
97
 Section 120.80(7), F.S.   
98
 DCF Bill Analysis, p. 6. 
99
 Id. 
100
 Id. 
101
 Id. 
102
 Id. 
103
 Id.  BILL: SB 1634   	Page 22 
 
delays caused by appeal of the administrative hearing decision to the District Court which adds, 
on average, an additional 120 days of delay.
104
 
 
Effect of the Bill 
The bill amends s. 39.812(4), F.S., to provide that the court may review the DCF’s denial of an 
application to adopt a child. The DCF’s decision to deny an application will now be reviewable 
only under s. 39.812, F.S., and is not subject to ch. 120, F.S. The bill requires the DCF to file the 
denial with the court and provide copies to the parties within 10 days after the decision. The bill 
allows a denied applicant to file a motion to review the denial within 30 days of the issuance of 
DCF’s written notification. The denied applicant is given limited standing in the ch. 39, F.S., 
proceeding to file such a motion and to present evidence in support of the motion. Such standing 
is terminated upon entry of the court’s order. The motion must allege the DCF unreasonably 
withheld its consent and request that the court allow the denied applicant to file a petition to 
adopt the child under ch. 63, F.S., without the DCF’s consent. The bill maintains the standard of 
review for these cases that is applicable in the ch. 120, F.S., proceedings.  
 
The bill requires the court to hold a hearing within 30 days after the filing of the motion. The 
court may only consider whether the DCF’s review of the application was consistent with the 
agency’s policies and made in an expeditious manner using an abuse of discretion review. If the 
DCF selected another applicant to adopt the child, the selected applicant may participate in the 
hearing as a participant and may be granted leave by the court to be heard without filing a motion 
to intervene. The bill gives applicants selected by the DCF who don’t currently have custody of 
the child the ability to be informed of the hearing, attend the hearing, and provide information to 
the court.  Thereafter, the court must enter a written order within 15 days after the hearing either 
denying the motion to review 
 
The bill amends s. 39.812(5), F.S., to allow the DCF to remove a child from a foster home or 
court-ordered custodian whose application to adopt has been denied and the court has denied the 
motion to review the DCF’s denial. 
 
The bill amends s. 39.812(6), F.S., to require the DCF to attach a copy of the executed consent to 
adoption must be attached to the petition to adopt, unless waived. 
 
The bill also amends s. 63.062(7), F.S., to provide that when a court permanently commits a 
minor to the DCF for subsequent adoption, the DCF must consent to the adoption or the 
petitioner must attach to his or her petition to adopt the court order with a finding that the DCF 
unreasonably withheld its consent. The petitioner must also file a favorable preliminary adoptive 
home study as required under s. 63.092, F.S. 
 
The bill will reduce the number of simultaneous adoption actions that can be filed by multiple 
parties to adopt the same child by requiring that a denied applicant seek ch. 39, F.S., court review 
of a determination by the DCF to deny consent and only allow the filing of a ch. 63, F.S., petition 
to adopt upon a court’s determination that the DCF unreasonably withheld its consent. 
 
                                                
104
 Id.  BILL: SB 1634   	Page 23 
 
The DCF estimates that approximately 116 days (almost four months) of delay to permanency 
delay can be removed if ch. 120, F.S., proceedings are eliminated by using the review process 
detailed in the bill.
105
  
 
Adoption Exchange (Section 12) 
Section 409.167, F.S., establishes a statewide adoption exchange (exchange), the purpose of 
which is to serve all authorized licensed child-placing agencies in the state as a means of 
recruiting adoptive families for children who have been legally freed for adoption and have been 
permanently placed with the DCF or a licensed child-placing agency. The DCF currently 
contracts with a third-party vendor to operate exchange, which by law is required to post a 
description of the child along with a photograph and other relevant information.
106
  
 
The law was implemented in 1983, long before the internet was a viable option for the display of 
this information.
107
 In subsequent updates to the law in 1994, 1997, and 2014 the language has 
not been updated to take into account the unique privacy concerns the internet creates.
108
 The 
exchange currently operates as a website with profiles and photos of children eligible for 
adoption open and searchable to the general public.
109
 
 
Effect of the Bill 
The bill amends s. 409.167, F.S., to clean up language and clarify that the purpose of the 
adoption exchange is family-matching. The bill requires the exchange to provide information 
deemed useful in facilitating family-matching in accordance with rules established by the DCF. 
The bill requires that the photo listing component of the adoption exchange to be in a format that 
is only accessible to persons who have completed or in the process of completing an adoption 
home study, not open and available to the general public. The bill also requires consultation with 
a child 12 years of age or older about his or her photo listing.  
 
These changes will provide the DCF the ability to establish in rule the processes and procedures 
needed to protect the privacy of children who do not want photos or specific information about 
themselves made available on a public website. 
 
Foster-family Support Program (Sections 16 and 17) 
Community-Based Care Lead Agencies 
The DCF contracts for case management, out-of-home care (foster care), adoption, and other 
child welfare related services with the CBCs; this model is designed to increase local community 
ownership of service delivery and design of child welfare services.
110
  
 
                                                
105
 DCF Bill Analysis, p. 12. 
106
 Section 409.167(2), F.S. 
107
 Chapter 1983-246 s. 2, L.O.F. 
108
 Chapters 1994-164 s. 47, 1997-101 s. 114, and 2014-19 s. 175, L.O.F. 
109
 The DCF, Explore Adoption, available at http://www.adoptflorida.org/ (last viewed March 23, 2023). 
110
 The DCF, About Community-Based Care, available at https://www.myflfamilies.com/services/child-family/child-and-
family-well-being/community-based-care/about-community-based-care (last visited March 19, 2023).  BILL: SB 1634   	Page 24 
 
The DCF, through the CBCs, administers a system of care
111
 for children that is directed toward:
 
 
 Prevention of separation of children from their families; 
 Intervention to allow children to remain safely in their own homes; 
 Reunification of families who have had children removed from their care; 
 Safety for children who are separated from their families; 
 Promoting the well-being of children through emphasis on educational stability and timely 
health care; 
 Permanency; and 
 Transition to independence and self-sufficiency.
112
 
 
The CBCs must give priority to services that are evidence-based and trauma informed.
113
 The 
CBCs contract with a number of subcontractors for case management and direct care services to 
children and their families. There are 17 CBCs statewide, which together serve the state’s 20 
judicial circuits.
114
 The CBCs employ case managers that serve as the primary link between the 
child welfare system and families with children under the DCF’s supervision. These case 
managers work with affected families to ensure that a child reaches his or her permanency goal 
in a timely fashion.
115
 
 
Currently, there is no requirement for the DCF to contract with or for the CBCs to provide any 
form of foster-family support program. 
 
Effect of the Bill 
The bill expands the duties of a CBCs under s. 409.988, F.S., and the contract requirements of 
the DCF under s. 409.996, F.S., to require a lead agency to provide a foster-family support 
program that is available 24 hours a day, 7 days a week. The bill requires the program to provide, 
at a minimum, the ability for foster parents to seek counsel and advice from former and current 
foster parents and access mental health crisis services and supports for foster parents including, 
but not limited to: 
 Trauma counseling. 
 Placement stabilization. 
 De-escalation. 
 Parent coaching. 
 
Human Trafficking (Sections 13, 14, 15, and 18) 
Human trafficking is a form of modern-day slavery
 
whose victims include young children, 
teenagers, and adults who may be citizens that are trafficked domestically within the borders of 
the United States or smuggled across international borders worldwide.
116
 Many human 
trafficking victims are induced with false promises of financial or emotional security, but are 
                                                
111
 Id. 
112
 Id.; Also see generally s. 409.988, F.S. 
113
 Section 409.988(3), F.S. 
114
 The DCF, Lead Agency Information, available at https://www.myflfamilies.com/services/child-family/child-and-family-
well-being/community-based-care/lead-agency-information (last visited March 7, 2023). 
115
 Section 409.988(1), F.S. 
116
 Id.  BILL: SB 1634   	Page 25 
 
forced or coerced into commercial sex, domestic servitude, or other types of forced labor.
117
 
Federal law views any minor who is younger than 18 years old who is induced to perform a 
commercial sex act as a human trafficking victim even if there is no force, fraud, or coercion.
118
  
 
Human Trafficking in Florida 
Florida law defines “human trafficking” as transporting, soliciting, recruiting, harboring, 
providing, enticing, maintaining,
119
 purchasing, patronizing, procuring, or obtaining
120
 another 
person for the purpose of exploitation of that person.
121
 In Florida, any person who knowingly, or 
in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human 
trafficking, or benefits financially by receiving anything of value from participation in a venture 
that has subjected a person to human trafficking for labor or services, or commercial sexual 
activity, commits a crime.
122
 Florida law sets out several circumstances which give rise to 
specified penalties including, in part: 
 Labor or services of any child under the age of 18 commits a first degree felony;
123
 
 Labor or services of any child under the age of 18 who is an unauthorized alien
124
 commits a 
first degree felony;
125
 
 Labor or services who does so by the transfer or transport of any child under the age of 18 
from outside of Florida to within Florida commits a first degree felony;
126
 
 Commercial sexual activity
127
 who does so by the transfer or transport of any child under the 
age of 18 from outside of Florida to within Florida commits a first degree felony;
128
 or 
                                                
117
 The Department of Education, Healthy Schools – Human Trafficking, available at http://www.fldoe.org/schools/healthy-
schools/human-trafficking.stml (last visited March 19, 2023). 
118
 22 U.S.C. s. 7101 et seq.; Federal Victims of Trafficking and Violence Protection Act of 2000, P.L. 106-386. 
119
 Section 787.06(2)(f), F.S., provides “maintain” means, in relation to labor or services, to secure or make possible 
continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. 
Section 787.06(2)(h), F.S., defines “services” as any act committed at the behest of, under the supervision of, or for the 
benefit of another, including forced marriage, servitude, or the removal of organs. 
120
 Section 787.06(2)(g), F.S., provides “obtain” means, in relation to labor, commercial sexual activity, or services, to 
receive, take possession of, or take custody of another person or secure performance thereof. Section 787.06(2)(e), F.S., 
provides “labor” means work of economic or financial value. 
121
 Section 787.06(2)(d), F.S. 
122
 Section 787.06(3), F.S. 
123
 Section 787.06(3)(a)1., F.S. A first degree felony is punishable by a state prison term not exceeding 30 years, a fine not 
exceeding $10,000, or both. Sections 775.082 and 775.083, F.S. 
124
 Section 787.06(2)(j), F.S., defines “unauthorized alien” as an alien who is not authorized under federal law to be 
employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). 
125
 Section 787.06(3)(c)1., F.S. 
126
 Section 787.06(3)(e)1., F.S. 
127
 Section 787.06(2)(b), F.S., defines “commercial sexual activity” as any violation of ch. 796, F.S., or an attempt to commit 
any such offense, and includes sexually explicit performances and the production of pornography. Section 787.06(2)(i), F.S., 
defines “sexual explicit performance” as an act or show, whether public or private, that is live, photographed, recorded, or 
videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. 
128
 Section 787.06(3)(f)1., F.S., provides that an offense committed under these circumstances is punishable by a term of 
imprisonment not exceeding life or as provided in ss. 775.082, 775.083, or 775.084, F.S.  BILL: SB 1634   	Page 26 
 
 Commercial sexual activity in which any child under the age of 18, or in which any person 
who is mentally defective
129
 or mentally incapacitated
130
 is involved commits a life felony.
131
 
 
The above-mentioned first-degree felonies are reclassified as a life felony if a person causes 
great bodily harm, permanent disability, or permanent disfigurement to another person during the 
commission of the offense.
132
 Ignorance of the human trafficking victim’s age, the victim’s 
misrepresentation of his or her age, or a bona fide belief of the victim’s age cannot be raised as a 
defense by a defendant.
133
 
 
Florida is ranked the third highest state of reported human trafficking cases in the United 
States.
134
 In 2021, reports of commercially exploited children to the Florida Abuse Hotline 
remained relatively stable, increasing from 3,181 reports in 2020 to 3,182 reports in 2021.
135
 
 
Safe Houses and Safe Foster Homes for Child-victims of Human Trafficking 
Current law defines and provides for the certification of specialized residential options for 
children who are victims of human trafficking or commercial sexual exploitation (CSE).
136
 The 
law defines a “safe foster home” to mean a foster home certified by the DCF to care for sexually 
exploited children and a “safe house” to mean a group residential placement certified by the DCF 
to care for sexually exploited children.
137
 To be certified, a safe house or safe foster home must: 
 Use strength-based and trauma-informed approaches to care, to the extent possible and 
appropriate. 
 Serve exclusively one sex. 
 Group child victims of CSE by age or maturity level. 
 Care for child victims of CSE in a manner that separates those children from children with 
other needs. Safe houses and safe foster homes may care for other populations if the children 
who have not experienced commercial sexual exploitation do not interact with children who 
have experienced commercial sexual exploitation. 
 Have awake staff members on duty 24 hours a day, if a safe house. 
 Provide appropriate security through facility design, hardware, technology, staffing, and 
siting, including, but not limited to, external video monitoring or door exit alarms, a high 
staff-to-client ratio, or being situated in a remote location that is isolated from major 
transportation centers and common trafficking areas. 
                                                
129
 Section 794.011(1)(c), F.S., defines “mentally defective” as a mental disease or defect which renders a person temporarily 
or permanently incapable of appraising the nature of his or her conduct. 
130
 Section 794.011(1)(d), F.S., defines “mental incapacitated” as temporarily incapable of appraising or controlling a 
person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her 
consent or due to any other act committed upon that person without his or her consent. 
131
 A life felony is punishable by a term of life imprisonment, $15,000 fine, or both as provided in s. 775.082(3)(a)6., F.S., s. 
775.083, F.S., or s. 775.084, F.S. 
132
 Section 787.06(8)(b), F.S. 
133
 Section 787.06(9), F.S. 
134
 Florida Alliance to End Human Trafficking, The Issue, available at https://floridaallianceendht.com/the-issue/ (last visited 
March 19, 2023). 
135
 The Office of Program Policy Analysis and Government Accountability, Annual Report on the Commercial Sexual 
Exploitation of Children in Florida, 2022, p. 2, July 2022, available at https://oppaga.fl.gov/Documents/Reports/22-05.pdf 
(last visited March 19, 2023). 
136
 Section 409.1678, F.S. 
137
 Section 409.1678(1), F.S.  BILL: SB 1634   	Page 27 
 
 Meet other criteria established by department rule,
138
 which may include, but are not limited 
to, personnel qualifications, staffing ratios, and types of services offered.
139
 
 
At-Risk Houses 
At-Risk Houses are group care homes that are certified to serve children considered to be at-risk 
for sex trafficking. Children are deemed to be “at risk of sex trafficking” if they have 
experienced trauma, such as abuse, neglect, and/or maltreatment, and present one or more of the 
accompanying risk factors: history of running away and/or homelessness; history of sexual abuse 
and/or sexually acting out behavior; inappropriate interpersonal and/or social media boundaries; 
family history of or exposure to human trafficking; or, out-of-home placement instability 
demonstrated by repeated moves from less restrictive levels of care. There are currently 157 At-
Risk Houses licensed by DCF to provide services to youth who are at risk of sex trafficking.
140
 
 
Human Trafficking Screening Tool for Child-victims of Human Trafficking 
In 2014, the Legislature directed the DCF to develop an initial screening and assessment 
instrument (commonly referred to as the “Human Trafficking Screening Tool” or the “HTST”) 
for use with child-victims of human trafficking and validate the instrument, if possible.
141
 The 
HTST must assess the appropriate placement of a child-victim of CSE, including whether to 
place in a safe house or safe foster home, and must consider, at a minimum, the following 
factors: 
 Runaway risk. 
 Recruitment risk. 
 Attachment to the exploiter. 
 Level and type of trauma the child has endured. 
 Nature of the child’s interactions with law enforcement. 
 Length of time that the child has been exploited. 
 Extent of any substance abuse by the child.
142
 
 
The screening tool is to be used by the DCF, the DJJ, and CBCs to screen youth and help 
identify potential victims.
 143
 The Office of Program Policy Analysis and Government 
Accountability (OPPAGA) has recommended the DCF validate the HTST in their annual reports 
in 2015, 2016, and 2017.
144
 Since 2017, Florida State University’s Institute for Child Welfare has 
collaborated with DCF to determine the validity and reliability of the tool in identifying 
trafficked youth; to date, the institute has been unable to validate the tool.
145
 
 
                                                
138
 Rule 65C-46.020, F.A.C. 
139
 Section 409.1678(2)(c), F.S. 
140
 The DCF, 2023 Agency Legislative Bill Analysis, SB 1690, Human Trafficking, p. 3 (on file with Committee on Children, 
Families, and Elder Affairs Staff). 
141
 Chapter 2014-161 s. 1, L.O.F.; codified as s. 409.1754, F.S. 
142
 Section 409.1754(1)(a), F.S. 
143
 Section 409.1754(1)(b), F.S. 
144
 Office of Program Policy Analysis and Government Accountability, Annual Report on the Commercial Sexual 
Exploitation of Children in Florida, p. 5, July 2022, available at https://oppaga.fl.gov/Documents/Reports/22-05.pdf (last 
viewed March 22, 2023). 
145
 Id. p. 1.  BILL: SB 1634   	Page 28 
 
Peer Mentor Support Models 
Peer support is a type of group therapy that includes a variety of programmatic aspects, 
leadership types, and guidelines.
146
 There is not one set program model for peer support; instead, 
it is an overarching framework that is adaptable to a variety of settings, including substance use 
recovery and mental health.
147
 The core components of peer support include: 
 Participants who are peers with similar lived experience; 
 A trainer or volunteer facilitator who may or may not have lived experience and 
 Voluntary participation.
148
 
 
Regardless of the specific type or location of a peer support, there are overarching themes that 
are foundational to peer support models.
149
 The foundational aspects of peer support include 
shared experiences, the diverse background of participants, focusing on strength, and supporting 
one another to grow and heal.
150
 Peer support recovery programs are rooted in the theoretical 
framework of social support; more specifically, peer-led support groups are formed through a 
shared identity or experience and provide emotional support through an empathetic, caring 
relationship.
151
 
 
Effect of the Bill 
The bill makes numerous changes to laws related to human trafficking and commercial sexual 
exploitation. The bill seeks to provide better assessment for identification of human 
trafficking/CSE victims, training for staff, increase services and bed capacity, and reduce barriers 
for providers seeking to enter this specialized area of treatment and care. 
 
The bill amends s. 409.1754(1), F.S., to require the DCF, in collaboration with certain 
stakeholders, to implement any recommendations necessary to validate the current HTST and 
develop an indicator tool and outcome algorithm to be used in conjunction with the HTST. The 
bill requires the HTST to be validated, if possible, by June 1, 2024. If not validated by this date, 
the DCF must identify and implement the use of a screening and assessment instrument and 
indicator tool that has been previously validated. 
 
Related to training, the bill amends s. 409.175(14)(e), F.S., to require enhanced inservice training 
for foster parents and agency staff that provides better tools and strategies to communicate with 
CSE youth, mitigate maladaptive behaviors and trauma for CSE victims, and mitigate secondary 
traumatic stress experienced by the caregivers for such youth. The bill also amends s. 
409.1678(2)(e), F.S., to require a CBC ensure that staff of safe houses and foster parents of safe 
foster homes complete this enhanced inservice training related to CSE youth. The bill also 
amends s. 409.1754(4), F.S., to remove language making the requirement for the DCF to train 
                                                
146
 US Department of Health and Huma Services, Administration for Children and Families, Office of Trafficking in Persons, 
Adapting Peer Support Models for Survivors at the Intersection of Trafficking and Substance Use, p. 7, August 2019, 
available at https://nhttac.acf.hhs.gov/sites/default/files/2020-02/Peer-to-Peer%20Literature%20Review.pdf (last viewed 
March 22, 2023). 
147
 Id. 
148
 Id. 
149
 Id. at p. 8 
150
 Id. 
151
 Id.  BILL: SB 1634   	Page 29 
 
local law enforcement contingent on the availability of funds. These changes will enhance the 
human trafficking/CSE training to caregivers, agency staff, and law enforcement statewide. 
 
Related to services and bed capacity, the bill amends s. 409.1754(3), F.S., to require the DCF 
and each CBC to prepare a service capacity assessment and development play by December 1, 
2023, and every three years thereafter. At a minimum, the plan must detail the following specific 
factors as they relate to local community service options for CSE youth: 
 A summary of current specific community services and bed capacity; 
 Historical barriers to the development of specific community services and bed capacity; 
 An analysis of funding and funding sources, to include Medicaid; 
 Any barriers to Medicaid billing; and 
 A strategic action plan to develop specific services and bed capacity in the local service area. 
 
The bill changes the permissive wording in s. 409.1678(4), F.S., related to billing Medicaid for 
services rendered for CSE youth, to a requirement that such providers maximize revenue and bill 
Medicaid whenever possible. 
 
The bill further amends s. 409.1678, F.S., to establish a survivor peer mentor model for victims 
of CSE, and requires the use of a peer mentor whenever possible. A survivor peer mentor is 
defined as a person who has previously been a victim of CSE and received specialized training to 
become a peer mentor. The bill provides legislative findings related to the effectiveness of such 
models and their use to help CSE victims navigate the unique issues of this population. The bill 
requires a survivor peer mentor to undergo a minimum number of training hours, established by 
the DCF’s rule, to ensure the peer mentor is able to properly support and interact with youth in 
the dependency system. The bill requires any community overlay service provider or safe house 
or safe foster home operator to collaborate with local providers to ensure survivor peer mentors 
are regularly accessible to CSE youth. 
 
The bill also amends s. 409.1678(2), F.S., to require the DCF, in collaboration with the Florida 
Digital Service, to establish a confidential portal to provide services and information to 
prospective and current CSE safe houses and foster homes, including an interactive message 
board for providers to communicate and work through challenges. 
 
Finally, the bill creates an unnumbered section of law that requires the DCF, the Agency for 
Health Care Administration (AHCA), and the DJJ to work in consultation with stakeholders and 
subject matter experts to create a workgroup for the purpose of developing and enhancing the 
state’s service array for persons who are victims of CSE. The bill requires the workgroup to: 
 Analyze the current bed rate for CSE beds and recommend a bed rate that is sufficient to 
provide for the services, physical space, safety, and costs incidental to treatment for the CSE 
population; 
 Analyze the CBC funding specific to CSE victims and develop a funding model that 
combines available funding sources to cover services, board, and administrative costs; 
 Analyze the use of Medicaid services for CSE victims and establish a CSE specific 
behavioral health overlay as a Medicaid-covered service.
152
 
                                                
152
 The bill also instructs the AHCA to modify any state Medicaid plans and implement any federal waivers necessary to 
implement this requirement.  BILL: SB 1634   	Page 30 
 
 Draft a joint strategic action plan to implement the recommendations of the new rates and 
submit a report on such to the President of the Senate and Speaker of the House of 
Representatives by December 1, 2023. 
 
Effective Dates 
Sections 15
153
 and 18
154
 of the bill are effective upon becoming law and the remaining sections 
of the bill are effective July 1, 2023. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
Section 7 
The DCF projects that providing the monthly allowance provided by the EFC program to 
the potential expanded DJJ population contemplated in this section could have a fiscal 
                                                
153
 Section 15 is related to the commercial sexual exploitation of children, validating the HTST, training, and peer survivor 
mentor model. 
154
 Section 18 of the bill is related to the CSE service and bed capacity workgroup.  BILL: SB 1634   	Page 31 
 
impact of approximately $200,000 per 1.75 caseworkers needed for the new population at 
a client to case-worker ratio of 12:1.
155
 The DCF projects an increase in the EFC 
population by approximately 21 participants per year.
156
  
 
However, the child welfare system was appropriated a record amount of money in the 
2022 General Appropriations Act to cover the workforce issues identified, particularly 
around case-worker vacancies. The cost of these case workers could likely be absorbed 
into this budget. 
 
Sections 10 and 11 
The DCF provides that these sections will result in a significant positive fiscal impact to 
the DCF of a total annual cost avoidance of approximately 1.1 million dollars due to 
expected workload reduction for staff. They project a staff savings of $6,828 and fixed-
cost savings of $2,750 or $9,578 per case. They project at 58 cases that cost avoidance to 
equal $555,524 per year.
157
 
 
The DCF also states that it anticipates a significant positive fiscal impact to the DCF as a 
result of these changes expediting permanency. The DCF calculates an average reduction 
of case time by 116 days at $37.64 per day (2020 rate of average daily cost of child in 
out-of-home care) The DCF assumes an average of 2 children per case for a total cost 
avoidance of cost-of-care at $9,861 per case, or $506,484 per year.
158
 
 
Section 13 
The DCF estimates that this section will have a significant negative fiscal impact on the 
DCF to implement the confidential web-based portal, specifically a projected cost of 2 to 
2.5 million dollars
159
. However, the development of the portal, or similar functionality 
may be able to be included within ongoing IT projects. See Section VII. Related Issues. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
The DCF reports concerns with developing the confidential web-based portal outside of the 
ongoing IT project to modernize the Child Welfare Information System to new federal CCWIS 
standards. The portal or similar functionality may be able to be developed within the licensing 
module of the CCWIS modernization project.
160
 
                                                
155
 DCF Bill Analysis, pp. 18-19. 
156
 Id. 
157
 Id. at p. 17. 
158
 Id. 
159
 Id. at p. 19. 
160
 Id. at p. 20.  BILL: SB 1634   	Page 32 
 
VIII. Statutes Affected: 
This bill substantially amends sections 39.202, 39.4092, 39.522, 39.6013, 39.6221, 39.6251, 
39.701, 39.801, 39.812, 63.062, 409.167, 409.1678, 409.175, 409.1754, 409.988, and 409.996   
of the Florida Statutes. 
 
This bill creates section 39.5035 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.