Bill Text: FL S1102 | 2016 | Regular Session | Comm Sub
Bill Title: Temporary Care of a Child
Spectrum: Bipartisan Bill
Status: (Failed) 2016-03-11 - Died in Judiciary [S1102 Detail]
Download: Florida-2016-S1102-Comm_Sub.html
Florida Senate - 2016 CS for SB 1102
By the Committee on Children, Families, and Elder Affairs; and
Senator Brandes
586-03041A-16 20161102c1
1 A bill to be entitled
2 An act relating to the temporary care of a child;
3 creating s. 409.1761, F.S.; authorizing certain
4 organizations to establish programs for the purpose of
5 assisting parents and legal guardians in providing
6 temporary respite care for a child; restricting care
7 to specified children; providing that placement of a
8 child in temporary respite care does not, in the
9 absence of evidence to the contrary, constitute abuse,
10 neglect, or abandonment or placement in foster care;
11 authorizing the Department of Children and Families to
12 refer children to such programs under certain
13 circumstances; defining terms; providing requirements
14 for an organization to register with qualified
15 associations; requiring collection and retention of
16 specified information; providing an exemption from
17 certain licensure requirements under certain
18 circumstances; requiring background screening of
19 specified persons; providing exceptions; requiring
20 parents or legal guardians to enter into a contract
21 for care as a condition of participation in the
22 program; providing requirements for such contracts;
23 requiring a separate authorization of certain care;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 409.1761, Florida Statutes, is created
29 to read:
30 409.1761 Organizations providing temporary respite care for
31 children not in the child welfare system.—A qualified nonprofit
32 organization may establish a program that assists parents and
33 legal guardians in providing temporary respite care for a child
34 by a volunteer respite family. Only a child who has not been
35 removed from the child’s parent or legal guardian due to abuse
36 or neglect and placed in the custody of the department is
37 eligible to be cared for under this section. Placement of a
38 child under this section, in the absence of evidence to the
39 contrary, does not constitute abuse, neglect, or abandonment as
40 defined in s. 39.01 and is not considered to be placement of the
41 child in foster care. However, the department may refer children
42 to a program under this section if the department determines
43 that the services are appropriate for addressing the needs of a
44 family in crisis, preventing children from being placed in the
45 custody of the department, or achieving reunification of a child
46 with his or her biological family.
47 (1) DEFINITIONS.—As used in this section, the term:
48 (a) “Qualified association” means an association that
49 publishes, and requires compliance with, its standards and files
50 copies thereof with the department as provided in s.
51 409.176(5)(b) and which establishes, publishes, and requires
52 compliance with best practice standards for operating a program
53 that assists parents and legal guardians in providing temporary
54 respite care for a child by a volunteer respite family.
55 (b) “Qualified nonprofit organization” or “organization”
56 means a Florida private nonprofit organization that assists
57 parents and legal guardians in providing temporary respite care
58 for a child by a volunteer respite family under an agreement
59 with a qualified association.
60 (c) “Volunteer respite family” means an individual or
61 family who voluntarily agrees to provide temporary care for a
62 child under a contract for care with the child’s parent or legal
63 guardian with the assistance of a qualified nonprofit
64 organization.
65 (2) REGISTRATION.—A qualified nonprofit organization that
66 wishes to provide temporary respite care to children under this
67 section shall annually register with a qualified association.
68 (a) The organization must file with the qualified
69 association the name and address of the organization; the names
70 and addresses of the officers and the members of the board of
71 directors or other governing body of the organization, as
72 applicable; the name of the person in charge of the
73 organization; and proof that the organization is in compliance
74 with the minimum health, sanitary, and safety standards required
75 by applicable state law or local ordinance, the uniform fire
76 safety standards required by chapter 633, and the personnel
77 screening requirements in s. 409.175 and chapter 435.
78 (b) Each organization shall annually provide to the
79 qualified association relevant data on the services provided by
80 the organization, including the organization’s capacity and the
81 number of approved volunteer respite families; the number and
82 ages of children being cared for through the organization, the
83 number of children who have left the care of the organization
84 during the past year, the length of stay of each child, and the
85 reason for each child’s care; and the names of all personnel.
86 (c) Upon verification that all requirements for
87 registration have been met, the qualified association shall,
88 without charge, issue a certificate of registration valid for 1
89 year.
90 (3) COLLECTION AND RETENTION OF INFORMATION AND
91 DOCUMENTATION.—
92 (a) An organization shall collect and maintain at least the
93 following information and documentation for each child to whom
94 it provides temporary respite care:
95 1. The name and age of the child;
96 2. The name, address, and contact information for the
97 child’s parent or legal guardian;
98 3. The name, address, and contact information for the
99 child’s volunteer respite family;
100 4. A copy of the contract for care of the child executed
101 pursuant to subsection (6); and
102 5. Proof of the volunteer respite family’s compliance with
103 the screening requirements of s. 409.175 and chapter 435.
104 (b) An organization shall maintain on site and provide,
105 upon request, proof that the organization is in compliance with
106 published minimum standards that are filed by the qualified
107 association with the department as required in s. 409.176(5)(b).
108 The qualified association has the right to access and review the
109 organization’s files at any time to ensure compliance with this
110 section and the standards established by the qualified
111 association.
112 (4) EXEMPTION FROM LICENSURE.—The licensing provisions of
113 s. 409.175 do not apply to a private organization that is
114 certified with a qualified association that assists parents and
115 legal guardians in providing temporary respite care for a child
116 by a volunteer caregiver pursuant to a properly executed
117 contract under this section. However, such organizations must
118 meet the screening requirements established in s. 409.175 and
119 chapter 435.
120 (a) Any organization registered under this section shall
121 immediately notify the department if it has in its care a child
122 with serious developmental disabilities or a physical,
123 emotional, or mental handicap for which the organization is not
124 qualified or able to provide care.
125 (b) The provisions of chapters 39 and 827 regarding the
126 reporting of child abuse, abandonment, and neglect apply to any
127 organization registered under this section.
128 (5) BACKGROUND SCREENING.—A qualified nonprofit
129 organization shall conduct a screening as that term is defined
130 in s. 409.175(2) of each individual identified in paragraph (b).
131 (a) The department shall attest to the good moral character
132 of the personnel of the organization and members of the
133 volunteer family home by maintaining and, upon request,
134 providing proof of compliance with the screening requirements
135 established in s. 409.175 and chapter 435.
136 (b) Individuals required to be screened under this section
137 include:
138 1. All employees of the organization assisting parents in
139 providing respite care;
140 2. Members of the family that is providing respite care for
141 a child, and persons residing with the family, any of whom are
142 18 years of age or older;
143 3. Members of the family that is providing respite care for
144 a child, and persons residing with the family, any of whom are
145 between 12 years and 18 years of age. Such persons must be
146 screened for delinquency records, but are not required to be
147 fingerprinted; and
148 4. A volunteer who assists on an intermittent basis for
149 fewer than 10 hours per month, unless a person who meets the
150 screening requirement of this section is present and has the
151 volunteer in his or her line of sight at all times.
152 (6) CONTRACT FOR CARE.—A parent or legal guardian of a
153 child must enter into a written contract for care to provide for
154 the temporary respite care of the child under this section. The
155 contract must be executed before, or at the time, the child is
156 placed with a volunteer respite family and organization. Through
157 the contract for care, the parent or legal guardian may delegate
158 to the volunteer family any of the powers regarding the care and
159 custody of the child, except the power to consent to the
160 marriage or adoption of the child, the performance of or
161 inducement of an abortion on or for the child, or the
162 termination of parental rights to the child. The parent or legal
163 guardian may revoke or withdraw the contract for care at any
164 time, and the child shall be returned to the custody of the
165 parent or legal guardian as soon as reasonably possible. A
166 contract for care executed under this section expires
167 automatically after 1 year, and may not operate to deprive any
168 parent or legal guardian of any parental or legal authority
169 regarding the care and custody of the child or supersede any
170 court order regarding the care and custody of the child. Each
171 contract must:
172 (a) Enumerate the basic services and accommodations
173 provided by the volunteer respite family and organization.
174 (b) Identify the child, parent or legal guardian, and
175 volunteer respite family, including necessary contact
176 information for all parties.
177 (c) Identify the organization, including the address,
178 telephone number and primary point of contact.
179 (d) Contain a clear statement regarding disciplinary
180 procedures.
181 (e) State that the goal of the organization is to return
182 the child receiving respite care to the parent or legal guardian
183 as soon as the situation requiring care has been resolved.
184 (f) Authorize the volunteer respite family to consent to
185 routine and emergency medical care on behalf of the parent or
186 legal guardian. However, the volunteer family shall immediately
187 notify the parent or legal guardian of medical care being
188 provided on his or her behalf. Such authorization must be
189 granted separately in the contract upon consent of the parent or
190 legal guardian.
191 Section 2. This act shall take effect July 1, 2016.
