Bill Text: FL S2676 | 2010 | Regular Session | Introduced

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Bill Title: Child Welfare [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Children, Families, and Elder Affairs [S2676 Detail]

Download: Florida-2010-S2676-Introduced.html

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Florida Senate - 2010                                    SB 2676 
 
By Senator Storms 
10-00841B-10                                          20102676__ 
1                        A bill to be entitled 
2         An act relating to child welfare; amending s. 39.0121, 
3         F.S.; conforming a cross-reference; amending s. 
4         39.013, F.S.; providing that the circuit court has 
5         exclusive jurisdiction over a petition for an 
6         injunction to prevent child abuse; amending s. 
7         39.0138, F.S.; requiring the Department of Children 
8         and Family Services to conduct a juvenile delinquency 
9         records check and an out-of-state criminal history 
10         records check, if that state allows the release of 
11         such records, of certain persons before placement of a 
12         child; providing a directive to the Division of 
13         Statutory Revision; amending s. 39.301, F.S.; revising 
14         provisions relating to the initiation of child 
15         protective responses; providing definitions; providing 
16         for family-needs-assistance referrals and the 
17         initiation of child protective responses; providing 
18         for safety assessments; deleting provisions relating 
19         to preliminary determinations, when to file petitions 
20         for dependency, when to conduct onsite and enhanced 
21         onsite protective investigations, when certain 
22         services should be provided, certain training 
23         requirements, and certain rule adoption requirements; 
24         amending s. 39.502, F.S.; conforming cross-references; 
25         amending s. 39.504, F.S.; revising provisions relating 
26         to an injunction to prevent child abuse; providing for 
27         a temporary ex parte injunction; specifying when a 
28         person against whom an injunction is entered becomes a 
29         party to a subsequent dependency action; amending s. 
30         39.521, F.S.; requiring the submission of fingerprints 
31         of certain persons residing in a home that is being 
32         considered for the out-of-home placement of a child; 
33         amending s. 39.6011, F.S.; shortening the timeframe 
34         for completing a case plan and revising when the 
35         timeframe begins; conforming a cross-reference; 
36         amending s. 39.621, F.S.; shortening the timeframe for 
37         holding a permanency hearing; amending s. 39.701, 
38         F.S., relating to judicial review hearings; conforming 
39         provisions to changes made by the act; amending s. 
40         39.8055, F.S.; revising provisions relating to filing 
41         a petition to terminate parental rights; amending s. 
42         39.806, F.S.; revising a cross-reference; amending s. 
43         39.823, F.S.; deleting a cross-reference; amending s. 
44         901.15, F.S.; authorizing a law enforcement officer to 
45         arrest without warrant a person who has violated an 
46         injunction to prevent child abuse; directing the 
47         Office of Program Policy Analysis and Government 
48         Accountability to evaluate the effectiveness of the 
49         child protective response system established under 
50         this act and submit reports to the Legislature; 
51         creating the Child Welfare Professionals Taskforce; 
52         specifying the scope of work of the taskforce; 
53         providing for appointment to the taskforce by the 
54         secretary of the department; requiring the department 
55         to provide administrative support; requiring an annual 
56         report; establishing the Child Safety Assessment 
57         Workgroup for the purpose of developing a safety 
58         assessment process and to report its findings to the 
59         Legislature; providing an effective date. 
60 
61  Be It Enacted by the Legislature of the State of Florida: 
62 
63         Section 1. Paragraph (b) of subsection (16) of section 
64  39.0121, Florida Statutes, is amended to read: 
65         39.0121 Specific rulemaking authority.—Pursuant to the 
66  requirements of s. 120.536, the department is specifically 
67  authorized to adopt, amend, and repeal administrative rules 
68  which implement or interpret law or policy, or describe the 
69  procedure and practice requirements necessary to implement this 
70  chapter, including, but not limited to, the following: 
71         (16) Provisions for reporting, locating, recovering, and 
72  stabilizing children whose whereabouts become unknown while they 
73  are involved with the department and for preventing recurrences 
74  of such incidents. At a minimum, the rules must: 
75         (b) Include criteria to determine when a child is missing 
76  for purposes of making a report to a law enforcement agency, and 
77  require that in all cases in which a law enforcement agency has 
78  accepted a case for criminal investigation pursuant to s. 
79  39.301(8) s. 39.301(2)(c) and the child’s whereabouts are 
80  unknown, the child shall be considered missing and a report 
81  made. 
82         Section 2. Subsection (2) of section 39.013, Florida 
83  Statutes, is amended to read: 
84         39.013 Procedures and jurisdiction; right to counsel.— 
85         (2) The circuit court has exclusive original jurisdiction 
86  of all proceedings under this chapter, of a child voluntarily 
87  placed with a licensed child-caring agency, a licensed child 
88  placing agency, or the department, and of the adoption of 
89  children whose parental rights have been terminated under this 
90  chapter. Jurisdiction attaches when the initial shelter 
91  petition, dependency petition, or termination of parental rights 
92  petition, or petition for an injunction to prevent child abuse 
93  issued pursuant to s. 39.504 is filed or when a child is taken 
94  into the custody of the department. The circuit court may assume 
95  jurisdiction over any such proceeding regardless of whether the 
96  child was in the physical custody of both parents, was in the 
97  sole legal or physical custody of only one parent, caregiver, or 
98  some other person, or was in the physical or legal custody of no 
99  person when the event or condition occurred that brought the 
100  child to the attention of the court. When the court obtains 
101  jurisdiction of a any child who has been found to be dependent, 
102  the court shall retain jurisdiction, unless relinquished by its 
103  order, until the child reaches 18 years of age. However:, 
104         (a) If a youth petitions the court at any time before his 
105  or her 19th birthday requesting the court’s continued 
106  jurisdiction, the juvenile court may retain jurisdiction under 
107  this chapter for up to a period not to exceed 1 year following 
108  the youth’s 18th birthday for the purpose of determining whether 
109  appropriate aftercare support, the Road-to-Independence Program, 
110  transitional support, mental health, and developmental 
111  disability services, to the extent otherwise authorized by law, 
112  have been provided to the formerly dependent child who was in 
113  the legal custody of the department immediately before his or 
114  her 18th birthday. 
115         (b) If a petition for special immigrant juvenile status and 
116  an application for adjustment of status have been filed on 
117  behalf of a foster child and the petition and application have 
118  not been granted by the time the child reaches 18 years of age, 
119  the court may retain jurisdiction over the dependency case 
120  solely for the purpose of allowing the continued consideration 
121  of the petition and application by federal authorities. Review 
122  hearings for the child shall be set solely for the purpose of 
123  determining the status of the petition and application. The 
124  court’s jurisdiction terminates upon the final decision of the 
125  federal authorities. Retention of jurisdiction in this instance 
126  does not affect the services available to a young adult under s. 
127  409.1451. The court may not retain jurisdiction of the case 
128  after the immigrant child’s 22nd birthday. 
129         Section 3. Subsection (1) of section 39.0138, Florida 
130  Statutes, is amended to read: 
131         39.0138 Criminal history records check; limit on placement 
132  of a child.— 
133         (1) The department shall conduct a criminal history records 
134  check on all persons age 12 years and older, including parents, 
135  being considered by the department for placement of a child 
136  subject to a placement decision under this chapter, including 
137  all nonrelative placement decisions, all members of the 
138  household of the person being considered, and frequent visitors 
139  to the household. For purposes of this section, a criminal 
140  history records check includes may include, but is not limited 
141  to, submission of fingerprints to the Department of Law 
142  Enforcement for processing and forwarding to the Federal Bureau 
143  of Investigation for state and national criminal history 
144  information, and local criminal records checks through local law 
145  enforcement agencies, juvenile delinquency records check for 
146  persons age 12 years and older, and. A criminal history records 
147  check must also include a search of the department’s automated 
148  abuse information system. An out-of-state criminal history 
149  records check must be initiated for any person who resided in 
150  another state if that state allows the release of such records. 
151  The department shall establish by rule standards for evaluating 
152  any information contained in the automated system relating to a 
153  person who must be screened for purposes of making a placement 
154  decision. 
155         Section 4. The Division of Statutory Revision is requested 
156  to rename part III of chapter 39, Florida Statutes, as “Child 
157  Protection.” 
158         Section 5. Section 39.301, Florida Statutes, is amended to 
159  read: 
160         (Substantial rewording of section. See 
161         s. 39.301, F.S., for present text.) 
162         39.301 Child protection.– 
163         (1) LEGISLATIVE INTENT AND PURPOSE.— 
164         (a) The Legislature recognizes that while most parents want 
165  to keep their children safe, sometimes circumstances or 
166  conditions interfere with their ability to do so. When this 
167  occurs, children and their families are best served by 
168  interventions that engage their protective capacities and 
169  address immediate safety concerns as well as ongoing risks of 
170  harm. It is therefore the intent of the Legislature that the 
171  department respond to reports of child abuse, abandonment, or 
172  neglect in a manner that ensures the safety of children while 
173  maintaining the integrity of the family. 
174         (b) The purpose of this section is to provide procedures 
175  that allow the department to respond to: 
176         1. Calls that do not meet the criteria for a report of 
177  child abuse, abandonment, or neglect, but that indicate that the 
178  family needs assistance, as family-needs-assistance referrals; 
179  and 
180         2. Reports of child abuse, abandonment, or neglect by 
181  providing services to families in a manner that adheres to a 
182  family centered practice model without the need for a child 
183  protective investigation, or by conducting a child protective 
184  investigation if warranted. 
185         (2) DEFINITIONS.—As used in this section, the term: 
186         (a) “Case manager” means an individual who is accountable 
187  for service delivery relating to safety, permanency, and well 
188  being for a caseload of children and families under supervision. 
189         (b) “Criminal conduct” means a child is known or suspected 
190  to: 
191         1. Be the victim of child abuse or neglect of a child, as 
192  those terms are defined in s. 827.03. 
193         2. Have died as a result of abuse or neglect. 
194         3. Be the victim of aggravated child abuse, as defined in 
195  s. 827.03. 
196         4. Be the victim of sexual battery, as defined in s. 
197  827.071, or the sexual abuse of a child, as defined in s. 39.01. 
198         5. Be the victim of institutional child abuse or neglect, 
199  as defined in s. 39.01, and as provided for in s. 39.302(1). 
200         6. Be a victim of human trafficking, as provided in s. 
201  787.06. 
202         (c) “Family centered practice” means a service delivery 
203  model that is based upon the core principles that the best place 
204  for a child to grow up is in his or her family and that 
205  providing services that engage, involve, strengthen, and support 
206  families is the most effective way to ensure the safety, 
207  permanency, and well-being of a child. Family centered practice 
208  is characterized by mutual trust, respect, honesty, and open 
209  communication between parents or other caregivers and service 
210  providers. Families are active participants in the development 
211  of policy, program design, and evaluation, and are active 
212  decisionmakers in selecting services for themselves and their 
213  children. Family and child assessment is strengths based and 
214  solution focused. Services are community based and build upon 
215  informal supports and resources. 
216         (d) “Family centered practice response” means a 
217  nonadversarial approach for responding to reports of child 
218  abuse, abandonment, or neglect which assesses the risk to the 
219  child and family and, if appropriate, delivers services that 
220  remove the risk to the child and support the integrity of the 
221  family. 
222         (e) “Protective capacities” means the cognitive, 
223  behavioral, and emotional qualities that enable an individual or 
224  family to keep a child safe. 
225         (f) “Risk” is the probability of future maltreatment, 
226  regardless of severity, and is commonly assessed on a continuum 
227  from low to high. 
228         (g) “Safety assessment” means a process in which a 
229  determination is made as to whether a child is safe or unsafe: 
230         1. A child is safe if: 
231         a. There are no threats of danger within the family; or 
232         b. Parents have sufficient protective capacities to manage 
233  any threats. 
234         2. A child is unsafe if: 
235         a. Threats of danger exist within the family; 
236         b. The child is vulnerable to those threats; and 
237         c. Parents have insufficient protective capacities to 
238  manage or control threats. 
239         (3) FAMILY-NEEDS-ASSISTANCE REFERRAL.— 
240         (a) Upon receiving a call that does not meet the criteria 
241  for being a report of child abuse, abandonment, or neglect, but 
242  that indicates that the family needs assistance, the central 
243  abuse hotline shall accept these calls for a family-needs 
244  assistance referral and immediately transfer the referral to the 
245  county where the family is currently residing. 
246         (b) The referral must be reviewed by the community-based 
247  care lead agency within 24 hours after being received from the 
248  central abuse hotline to determine the appropriate response, 
249  which includes at least one of the following: 
250         1. The community-based care lead agency contacts the 
251  central abuse hotline to request an abuse, abandonment, or 
252  neglect intake if further review has warranted such action; or 
253         2. The community-based care lead agency visits the home to 
254  determine service needs and connect families or individuals to 
255  such services. The visit must occur within 2 business days after 
256  the family-needs-assistance referral was received from the 
257  central abuse hotline. 
258         (c) The department and the community-based care lead 
259  agencies must maintain up-to-date documentation of all family 
260  needs-assistance referrals. Documentation must include, at a 
261  minimum: 
262         1. The number of referrals received; 
263         2. The type of response to each referral; 
264         3. An indication of whether or not the family accepted 
265  services; 
266         4. If services were accepted by the family, what services 
267  were delivered and the cost of those services; 
268         5. The outcome of services accepted and delivered; 
269         6. Whether or not families who are the subject of the 
270  referral return to the attention of the department as a 
271  subsequent family-needs-assistance referral, as the subject of a 
272  report accepted for a family centered practice response, or a 
273  child protective investigation; and 
274         7. Any additional information that enables a determination 
275  of the success of the family-needs-assistance referral approach. 
276         (4) INITIATION OF A CHILD PROTECTIVE RESPONSE.— 
277         (a) Upon receiving a call that meets the criteria for a 
278  report of known or suspected child abuse, abandonment, or 
279  neglect, or that a child is in need of supervision and care and 
280  does not have a parent, legal custodian, or responsible adult 
281  relative immediately known and available to provide supervision 
282  and care, the central abuse hotline shall determine if the 
283  report requires an immediate response. 
284         1. For reports requiring an immediate response, the central 
285  abuse hotline shall immediately notify the department or 
286  designated sheriff’s office who has the authority and 
287  responsibility for ensuring that a response is promptly 
288  initiated. 
289         2. For reports not requiring an immediate response, the 
290  central abuse hotline shall notify the department or designated 
291  sheriff’s office who has the authority and responsibility for 
292  responding within the required 24 hours. 
293         (b) At the time of notification, the central abuse hotline 
294  shall also provide information to the department or designated 
295  sheriff’s office on any previous report concerning a subject of 
296  the present report or any pertinent information relative to the 
297  present report or any earlier reports. 
298         (c) The department shall immediately forward allegations of 
299  criminal conduct to the law enforcement agency of the 
300  municipality or county in which the alleged conduct has occurred 
301  to be investigated under subsection (8). 
302         (d) The department shall maintain a master file for each 
303  child whose report is accepted by the central abuse hotline for 
304  a response, which must include information on all reports 
305  received concerning that child. The file must be made available 
306  to any department staff, agent of the department, or contract 
307  provider that has responsibility for responding. 
308         (5) CHILD SAFETY ASSESSMENT.—For each report accepted by 
309  the central abuse hotline alleging child abuse, abandonment, or 
310  neglect, the department or the sheriff providing child 
311  protective response services, shall, as part of the response, 
312  perform a safety assessment through the use and completion of a 
313  standardized safety assessment instrument to determine if the 
314  child is safe or unsafe based on an evaluation of risk to the 
315  child. 
316         (a) The safety assessment must be completed as soon as 
317  possible, but within 48 hours after initial contact with the 
318  alleged victim and must be updated as needed. The safety 
319  assessment must be conducted in a manner that is sensitive to 
320  the social, economic, and cultural environment of the family 
321  and, at a minimum, must include: 
322         1. Face-to-face interviews with the child, siblings, 
323  caregivers, and all other adults in the household. 
324         2. Collateral contacts with individuals likely to have 
325  knowledge of the family, specifically including the reporter. 
326         3. A determination of the composition of the family or 
327  household, including the name, address, date of birth, social 
328  security number, gender, and race of each child named in the 
329  report, each sibling of each such child, any other child in the 
330  same household or in the care of the same caregiver, the 
331  caregiver, and any other adults living in the household. 
332         4. A state and federal criminal records check, including, 
333  if feasible, the records of the Department of Corrections, of 
334  the child’s caregivers, the child’s parents if not the child’s 
335  caregiver, and any other persons in the same household, which 
336  may be used solely for purposes supporting the detection, 
337  apprehension, prosecution, pretrial release, posttrial release, 
338  or rehabilitation of criminal offenders or persons accused of 
339  the crimes of child abuse, abandonment, or neglect. The 
340  information may not be further disseminated or used for any 
341  other purpose. The department’s child protective responders are 
342  designated a criminal justice agency for the purpose of 
343  accessing criminal justice information to be used for enforcing 
344  state laws concerning the crimes of child abuse, abandonment, 
345  and neglect. 
346         5. A determination whether there is any indication that any 
347  child in the family or household has been abused, abandoned, or 
348  neglected by a caregiver and, if so, the nature, extent, and 
349  evidence of present or prior abuse, abandonment, or neglect. 
350         (b) If the child protective responder determines that the 
351  child is safe but there is a risk of future harm, further 
352  assessment is unnecessary and the department shall contact the 
353  appropriate community-based care lead agency to designate a case 
354  manager for families that have accepted services to develop a 
355  family centered services plan under subsection (6). 
356         (c) If the child protective responder determines that the 
357  child is unsafe, the responder shall immediately initiate a 
358  child protective investigation under subsection (7). 
359         (6) FAMILY CENTERED PRACTICE RESPONSE.— 
360         (a) If the child safety assessment concludes that the child 
361  is safe but there is a risk for future harm and the family has 
362  been offered and has accepted services, the department shall 
363  contact the community-based care lead agency to designate a case 
364  manager to engage the family and develop a family centered 
365  practice services plan. Activities conducted under this 
366  paragraph must recognize and support the following basic tenets 
367  of family centered practice: 
368         1. Making the family the center of attention. 
369         2. Strengthening the protective capacities of the family. 
370         3. Engaging the family in every aspect of service delivery, 
371  including assessment, determining solutions to problems, and 
372  selecting service providers. 
373         4. Linking the family to comprehensive, culturally 
374  relevant, formal and informal, community-based supports and 
375  services. 
376         (b) Services provided to a family under this subsection 
377  must be voluntary and of a limited duration. 
378         (c) No one is identified and labeled as a perpetrator. 
379         (d) If at any time as a result of additional information, 
380  findings of facts, or changing conditions, or the refusal of 
381  services by a family, a child is at risk for future harm, the 
382  department may pursue a child protective investigation as 
383  provided in subsection (7). 
384         (7) CHILD PROTECTIVE INVESTIGATION.—If the child safety 
385  assessment concludes that the child is unsafe, a child 
386  protective investigation shall be immediately initiated. To the 
387  extent practical, all child protective investigations must be 
388  conducted or supervised by a single child protective responder 
389  in order to facilitate broad knowledge and understanding of the 
390  child’s history. 
391         (a) If a new child protective responder is assigned to 
392  investigate a second and subsequent report involving a child, a 
393  multidisciplinary staffing must be conducted which includes new 
394  and prior responders, their supervisors, and appropriate private 
395  providers in order to ensure, to the extent possible, that there 
396  is coordination among all parties. 
397         (b) The department shall establish procedures that ensure 
398  that all required investigatory activities, including a review 
399  of the child’s complete investigative and protective services 
400  history, are completed by the child protective responder, 
401  reviewed by the supervisor in a timely manner, and signed and 
402  dated by the child protective responder and the child protective 
403  responder’s supervisor. Detailed documentation is required for 
404  all investigative activities. 
405         (c) A child protective responder’s visit to the household 
406  and face-to-face interviews with the child or family must be 
407  unannounced unless it is determined by the child protective 
408  responder that an unannounced visit would threaten the safety of 
409  the child. 
410         (d) If the child protective responder is denied reasonable 
411  access to a child by the child’s caregivers and the department 
412  deems that the best interests of the child require access, the 
413  responder shall seek an appropriate court order or other legal 
414  authority before examining and interviewing the child. 
415         (e) If a report was received from a reporter listed under 
416  s. 39.201(1)(b), the child protective responder must provide his 
417  or her contact information to the reporter within 24 hours after 
418  being assigned to the child protective investigation. The 
419  responder must also advise the reporter that he or she may 
420  provide a written summary of the report made to the central 
421  abuse hotline to the child protective responder which shall 
422  become a part of the master file. 
423         (f) Upon commencing an investigation, the child protective 
424  responder shall inform any subject of the investigation: 
425         1. The names of the responders and identifying credentials 
426  from the department; 
427         2. The purpose of the investigation; and 
428         3. The subject’s right to obtain an attorney and how 
429  information provided by the subject may be used. 
430         (g) In addition to the requirements of paragraph (f), the 
431  child protective responder shall inform the parent or legal 
432  custodian of the child of: 
433         1. The possible outcomes of the investigation and the 
434  availability of services; 
435         2. The right of the parent or legal custodian to be 
436  involved to the fullest extent possible in determining the 
437  nature of the allegation and any identified problem; 
438         3. The right of the parent or legal custodian to refuse 
439  services, as well as the responsibility of the department to 
440  protect the child regardless of the acceptance or refusal of 
441  services. If the services are refused, a collateral contact 
442  identified under subparagraph (5)(a)2. must include a relative 
443  if the child protective responder has knowledge of, and the 
444  ability to contact, a relative; 
445         4. The responsibility of the child protective responder to 
446  identify and notify adult relatives within 30 days after a 
447  child’s placement in licensed care; and 
448         5. The duty of the parent or legal custodian to report any 
449  change in the residence or location of the child to the child 
450  protective responder and that the duty to report continues until 
451  the investigation is closed. 
452         (h) If, after having been notified of the requirement to 
453  report a change in residence or location of the child to the 
454  child protective responder, a parent or legal custodian causes 
455  the child to move, or allows the child to be moved, to a 
456  different residence or location, or if the child leaves the 
457  residence on his or her own accord and the parent or legal 
458  custodian does not notify the child protective responder of the 
459  move within 2 business days, the child may be considered to be a 
460  missing child for the purposes of filing a report with a law 
461  enforcement agency under s. 937.021. 
462         (i) At any time after the commencement of a child 
463  protective investigation, a relative may submit in writing to 
464  the child protective responder or case manager a request to 
465  receive notification of all proceedings and hearings in 
466  accordance with s. 39.502. The request must include the 
467  relative’s name, address, and telephone number and the 
468  relative’s relationship to the child. The child protective 
469  responder or case manager shall forward such request to the 
470  department’s attorney. Failure to provide notice to a relative 
471  who requests it or who is providing out-of-home care for a child 
472  may not cause any action of the court at any stage or proceeding 
473  in dependency or termination of parental rights under any part 
474  of this chapter to be set aside, reversed, modified, or in any 
475  way changed absent a finding by the court that a change is in 
476  the child’s best interest. 
477         (j) Immediately upon learning during the course of a child 
478  protective investigation that the immediate safety or well-being 
479  of a child is endangered, the family is likely to flee, or that 
480  the child is a victim of criminal conduct, the department shall 
481  orally notify the jurisdictionally responsible state attorney 
482  and county sheriff’s office or local police department, and, 
483  within 3 working days, transmit a full written report to those 
484  agencies. Pursuant to subsection (8), the law enforcement agency 
485  shall review the report and determine whether a criminal 
486  investigation needs to be conducted. Any interested person who 
487  has information regarding an offense described in this paragraph 
488  may forward a statement to the state attorney as to whether 
489  prosecution is warranted and appropriate. 
490         (k) The department shall complete its child protective 
491  investigation within 60 days after receiving the initial report, 
492  unless: 
493         1. There is also an active, concurrent criminal 
494  investigation that is continuing beyond the 60-day period and 
495  the closure of the child protective investigation may compromise 
496  successful criminal prosecution of the child abuse, abandonment, 
497  or neglect case, in which case the closure date must coincide 
498  with the closure date of the criminal investigation and any 
499  resulting legal action. 
500         2. In a child death case, the final report of the medical 
501  examiner is necessary for the department to close a child 
502  protective investigation. If the report has not been received 
503  within the 60-day period, the closure date shall be extended to 
504  accommodate receipt and consideration of the medical examiner’s 
505  report. 
506         3. A child who is necessary to a child protective 
507  investigation has been declared missing by the department, a law 
508  enforcement agency, or a court, in which case the 60-day period 
509  shall be extended until the child has been located or until 
510  sufficient information exists to close the child protective 
511  investigation despite the unknown location of the child. 
512         (l) If a child is taken into custody pursuant to this 
513  subsection, the department shall request that the child’s 
514  caregiver disclose the names, relationships, and addresses of 
515  all parents and prospective parents and all next of kin, so far 
516  as are known. 
517         (m) If a petition for dependency is not being filed by the 
518  department, the person or agency originating the report shall be 
519  advised of the right to file a petition pursuant to this 
520  chapter. 
521         (n) If an investigation is closed and a person is not 
522  identified as a caregiver responsible for the abuse, 
523  abandonment, or neglect alleged in the report, the fact that the 
524  person is named in some capacity in the report may not be used 
525  in any way to adversely affect the interests of that person. 
526  This prohibition applies to any use of the information in 
527  employment screening, licensing, child placement, adoption, or 
528  any other decisions by a private adoption agency or a state 
529  agency or its contracted providers, except that a previous 
530  report may be used to determine whether a child is safe and what 
531  the known risk is to the child at any stage of a child 
532  protection proceeding. 
533         (8) CRIMINAL INVESTIGATIONS.—The department shall 
534  immediately forward allegations of criminal conduct to the 
535  municipal or county law enforcement agency of the municipality 
536  or county in which the alleged criminal conduct has occurred. 
537         (a) Upon receiving a written report of an allegation of 
538  criminal conduct from the department, the law enforcement agency 
539  shall review the information in the report to determine whether 
540  a criminal investigation is warranted. If the law enforcement 
541  agency accepts the case for criminal investigation, it shall 
542  assume lead responsibility for all criminal fact-finding 
543  activities and coordinate its investigative activities with the 
544  department, if feasible. If the law enforcement agency does not 
545  accept the case for criminal investigation, the agency shall 
546  notify the department in writing. 
547         (b) If the law enforcement agency conducts a criminal 
548  investigation into allegations of child abuse, neglect, or 
549  abandonment, photographs documenting the abuse or neglect may be 
550  taken if appropriate. 
551         (c) Within 15 days after the case is reported to the state 
552  attorney pursuant to this section, the state attorney shall 
553  report his or her findings to the department and must include in 
554  the report a determination of whether or not prosecution is 
555  justified and appropriate in view of the circumstances of the 
556  specific case. 
557         (d) The local law enforcement agreement required in s. 
558  39.306 must describe the specific local protocols for 
559  implementing this section. 
560         (9) SCHOOL INTERVIEWS.— 
561         (a) If during a child protective investigation or a 
562  criminal investigation, the initial interview with the child is 
563  conducted at school, the department or the law enforcement 
564  agency may, notwithstanding the provisions of s. 39.0132(4), 
565  allow a school staff member who is known by the child to be 
566  present during the initial interview if: 
567         1. The department or law enforcement agency believes that 
568  the school staff member could enhance the success of the 
569  interview by his or her presence; and 
570         2. The child requests or consents to the presence of the 
571  school staff member at the interview. 
572         (b) A school staff member may be present only as authorized 
573  by this subsection. Information received during the interview or 
574  from any other source regarding the alleged abuse or neglect of 
575  the child is confidential and exempt from s. 119.07(1), except 
576  as provided by court order. 
577         (c) A separate record of the child protective investigation 
578  of the abuse, abandonment, or neglect may not be maintained by 
579  the school or school staff member. 
580         (d) A violation of this subsection is a misdemeanor of the 
581  second degree, punishable as provided in s. 775.082 or s. 
582  775.083. 
583         (10) TRAINING.— 
584         (a) Family centered practice is about respecting families 
585  and working in a collaborative relationship to support positive 
586  outcomes for children. It is necessary to recognize that the 
587  relationship of child welfare staff with the family is a primary 
588  tool for helping them to make positive changes to achieve their 
589  goals. Success in using family centered practice depends on 
590  child welfare staff refining their skills and their capacity to 
591  achieve successful interventions. Training shall be provided to 
592  all department, sheriff’s office, and community-based care lead 
593  agency child welfare staff to provide the skills necessary to 
594  understand the underlying philosophy of the family centered 
595  practice model and put its basic tenets into practice. 
596         (b) The department’s training program for staff responsible 
597  for responding to reports accepted by the central abuse hotline 
598  must also ensure that child protective responders: 
599         1. Know how to fully inform parents or legal custodians of 
600  their rights and options, including opportunities for audio or 
601  video recording of child protective responder interviews with 
602  parents or legal custodians or children. 
603         2. Know how and when to use the injunction process under s. 
604  39.504 or s. 741.30 to remove a perpetrator of domestic violence 
605  from the home as an intervention to protect the child. 
606         (c) To enhance the skills of individual staff and to 
607  improve the region’s overall child protection system, the 
608  department’s training program at the regional level must include 
609  periodic reviews of child protective investigation cases handled 
610  within the region in order to identify weaknesses as well as 
611  examples of effective interventions which occurred at each point 
612  in the case. 
613         (11) QUALITY ASSURANCE.—The department shall incorporate 
614  the monitoring of the outcome or result of family centered 
615  practice responses and child protective investigations into its 
616  quality assurance program. 
617         Section 6. Subsections (1) and (19) of section 39.502, 
618  Florida Statutes, are amended to read: 
619         39.502 Notice, process, and service.— 
620         (1) Unless parental rights have been terminated, all 
621  parents must be notified of all proceedings or hearings 
622  involving the child. Notice in cases involving shelter hearings 
623  and hearings resulting from medical emergencies must be that 
624  most likely to result in actual notice to the parents. In all 
625  other dependency proceedings, notice must be provided in 
626  accordance with subsections (4)-(9), except if when a relative 
627  requests notification pursuant to s. 39.301(7)(i) 39.301(15)(b), 
628  in which case notice shall be provided pursuant to subsection 
629  (19). 
630         (19) In all proceedings and hearings under this chapter, 
631  the attorney for the department shall notify, orally or in 
632  writing, a relative requesting notification pursuant to s. 
633  39.301(7)(i) 39.301(15)(b) of the date, time, and location of 
634  such proceedings and hearings, and notify the relative that he 
635  or she has the right to attend all subsequent proceedings and 
636  hearings, to submit reports to the court, and to speak to the 
637  court regarding the child, if the relative so desires. The court 
638  may has the discretion to release the attorney for the 
639  department from notifying a relative who requested notification 
640  pursuant to s. 39.301(15)(b) if the relative’s involvement is 
641  determined to be impeding the dependency process or detrimental 
642  to the child’s well-being. 
643         Section 7. Section 39.504, Florida Statutes, is amended to 
644  read: 
645         39.504 Injunction to prevent child abuse pending 
646  disposition of petition; penalty.— 
647         (1) At any time after a protective investigation has been 
648  initiated pursuant to part III of this chapter, the court, upon 
649  the request of the department, a law enforcement officer, the 
650  state attorney, or other responsible person, or upon its own 
651  motion, may, if there is reasonable cause, issue an injunction 
652  pursuant to this section to prevent any act of child abuse. 
653  Reasonable cause for the issuance of an injunction exists if 
654  there is evidence of child abuse or if there is a reasonable 
655  likelihood of such abuse occurring based upon a recent overt act 
656  or failure to act. 
657         (2) The petitioner seeking the injunction shall file a 
658  verified petition, or a petition along with an affidavit, 
659  setting forth the specific actions by the alleged offender from 
660  which the child must be protected and all remedies sought. Upon 
661  filing the petition, the court shall set a hearing to be held at 
662  the earliest possible time. Pending the hearing, the court may 
663  issue a temporary ex parte injunction, with verified pleadings 
664  or affidavits as evidence. The temporary ex parte injunction is 
665  effective for up to 15 days, at which time the hearing must be 
666  held. The hearing may be held sooner if the alleged defender has 
667  received notice. 
668         (3) Prior to the hearing, the alleged offender must be 
669  personally served with a copy of the petition, all other 
670  pleadings related to the petition, a notice of hearing, and, if 
671  one is entered, the temporary injunction. Following the hearing, 
672  the court may enter a final injunction. The court may grant a 
673  continuance of the hearing at any time for good cause shown by 
674  any party, including obtaining service of process. If a 
675  temporary ex parte injunction is entered, it shall be continued 
676  during the continuance. 
677         (2) Notice shall be provided to the parties as set forth in 
678  the Florida Rules of Juvenile Procedure, unless the child is 
679  reported to be in imminent danger, in which case the court may 
680  issue an injunction immediately. A judge may issue an emergency 
681  injunction pursuant to this section without notice if the court 
682  is closed for the transaction of judicial business. If an 
683  immediate injunction is issued, the court must hold a hearing on 
684  the next day of judicial business to dissolve the injunction or 
685  to continue or modify it in accordance with this section. 
686         (4)(3) If an injunction is issued under this section, the 
687  primary purpose of the injunction must be to protect and promote 
688  the best interests of the child, taking the preservation of the 
689  child’s immediate family into consideration. 
690         (a) The injunction applies shall apply to the alleged or 
691  actual offender in the a case of child abuse or acts of domestic 
692  violence. The conditions of the injunction shall be determined 
693  by the court, which conditions may include ordering the alleged 
694  or actual offender to: 
695         1. Refrain from further abuse or acts of domestic violence. 
696         2. Participate in a specialized treatment program. 
697         3. Limit contact or communication with the child victim, 
698  other children in the home, or any other child. 
699         4. Refrain from contacting the child at home, school, work, 
700  or wherever the child may be found. 
701         5. Have limited or supervised visitation with the child. 
702         6. Pay temporary support for the child or other family 
703  members; the costs of medical, psychiatric, and psychological 
704  treatment for the child incurred as a result of the offenses; 
705  and similar costs for other family members. 
706         6.7. Vacate the home where in which the child resides. 
707         (b) Upon proper pleading, the court may award the following 
708  relief in the final injunction If the intent of the injunction 
709  is to protect the child from domestic violence, the conditions 
710  may also include: 
711         1. Awarding the Exclusive use and possession of the 
712  dwelling to the caregiver or exclusion of excluding the alleged 
713  or actual offender from the residence of the caregiver. 
714         2. Awarding temporary custody of the child to the 
715  caregiver. 
716         2.3. Establishing Temporary support for the child or other 
717  family members. 
718         3. The costs of medical, psychiatric, and psychological 
719  treatment for the child incurred due to the abuse, and similar 
720  costs for other family members. 
721 
722  This paragraph does not preclude the adult victim of domestic 
723  violence from seeking protection for himself or herself under s. 
724  741.30. 
725         (c) The terms of the injunction shall remain in effect 
726  until modified or dissolved by the court. The petitioner, 
727  respondent, or caregiver may move at any time to modify or 
728  dissolve the injunction. Notice of hearing on the motion to 
729  modify or dissolve the injunction must be provided to all 
730  parties, including the department. The injunction is valid and 
731  enforceable in all counties in the state. 
732         (5)(4) Service of process on the respondent shall be 
733  carried out pursuant to s. 741.30. The department shall deliver 
734  a copy of any injunction issued pursuant to this section to the 
735  protected party or to a parent, caregiver, or individual acting 
736  in the place of a parent who is not the respondent. Law 
737  enforcement officers may exercise their arrest powers as 
738  provided in s. 901.15(6) to enforce the terms of the injunction. 
739         (6)(5) Any person who fails to comply with an injunction 
740  issued pursuant to this section commits a misdemeanor of the 
741  first degree, punishable as provided in s. 775.082 or s. 
742  775.083. 
743         (7) The person against whom an injunction is entered under 
744  this section does not automatically become a party to a 
745  subsequent dependency action concerning the same child unless he 
746  or she is a party as that term is defined in s. 39.01. 
747         Section 8. Paragraph (r) of subsection (2) of section 
748  39.521, Florida Statutes, is amended to read: 
749         39.521 Disposition hearings; powers of disposition.— 
750         (2) The predisposition study must provide the court with 
751  the following documented information: 
752         (r) If the child has been removed from the home and will be 
753  remaining with a relative, parent, or other adult approved by 
754  the court, a home study report concerning the proposed placement 
755  must shall be included in the predisposition report. Before 
756  Prior to recommending to the court any out-of-home placement for 
757  a child other than placement in a licensed shelter or foster 
758  home, the department shall conduct a study of the home of the 
759  proposed legal custodians, which must include, at a minimum: 
760         1. An interview with the proposed legal custodians to 
761  assess their ongoing commitment and ability to care for the 
762  child. 
763         2. Records checks through the Florida Abuse Hotline 
764  Information System (FAHIS), and local and statewide criminal and 
765  juvenile records checks through the Department of Law 
766  Enforcement, on all household members 12 years of age or older. 
767  In addition, the fingerprints of any household members and any 
768  other persons made known to the department who are frequent 
769  visitors in the home and who are 18 years of age or older must 
770  be submitted to the Department of Law Enforcement for processing 
771  and forwarding to the Federal Bureau of Investigation for state 
772  and national criminal history information. Out-of-state criminal 
773  records checks must be initiated for any individual designated 
774  above who has resided in a state other than Florida if provided 
775  that state’s laws allow the release of these records. The out 
776  of-state criminal records must be filed with the court within 5 
777  days after receipt by the department or its agent. 
778         3. An assessment of the physical environment of the home. 
779         4. A determination of the financial security of the 
780  proposed legal custodians. 
781         5. A determination of suitable child care arrangements if 
782  the proposed legal custodians are employed outside of the home. 
783         6. Documentation of counseling and information provided to 
784  the proposed legal custodians regarding the dependency process 
785  and possible outcomes. 
786         7. Documentation that information regarding support 
787  services available in the community has been provided to the 
788  proposed legal custodians. 
789 
790  The department may shall not place the child or continue the 
791  placement of the child in a home under shelter or 
792  postdisposition placement if the results of the home study are 
793  unfavorable, unless the court finds that the this placement is 
794  in the child’s best interest. 
795 
796  Any other relevant and material evidence, including other 
797  written or oral reports, may be received by the court in its 
798  effort to determine the action to be taken with regard to the 
799  child and may be relied upon to the extent of its probative 
800  value, even though not competent in an adjudicatory hearing. 
801  Except as otherwise specifically provided, nothing in this 
802  section prohibits the publication of proceedings in a hearing. 
803         Section 9. Paragraph (d) of subsection (2) and subsection 
804  (4) of section 39.6011, Florida Statutes, are amended to read: 
805         39.6011 Case plan development.— 
806         (2) The case plan must be written simply and clearly in 
807  English and, if English is not the principal language of the 
808  child’s parent, to the extent possible in the parent’s principal 
809  language. Each case plan must contain: 
810         (d) The date the compliance period expires. The case plan 
811  must be limited to as short a period as possible for 
812  accomplishing its provisions. The plan’s compliance period 
813  expires no later than 9 12 months after the date the child was 
814  initially removed from the home, the child was adjudicated 
815  dependent, or the date the case plan was accepted by the court, 
816  whichever occurs first sooner. 
817         (4) The case plan must describe: 
818         (a) The role of the foster parents or legal custodians when 
819  developing the services that are to be provided to the child, 
820  foster parents, or legal custodians; 
821         (b) The responsibility of the case manager to forward a 
822  relative’s request to receive notification of all proceedings 
823  and hearings submitted pursuant to s. 39.301(7)(i) 39.301(15)(b) 
824  to the attorney for the department; 
825         (c) The minimum number of face-to-face meetings to be held 
826  each month between the parents and the department’s family 
827  services counselors to review the progress of the plan, to 
828  eliminate barriers to progress, and to resolve conflicts or 
829  disagreements; and 
830         (d) The parent’s responsibility for financial support of 
831  the child, including, but not limited to, health insurance and 
832  child support. The case plan must list the costs associated with 
833  any services or treatment that the parent and child are expected 
834  to receive which are the financial responsibility of the parent. 
835  The determination of child support and other financial support 
836  shall be made independently of a any determination of indigency 
837  under s. 39.013. 
838         Section 10. Subsection (1) of section 39.621, Florida 
839  Statutes, is amended to read: 
840         39.621 Permanency determination by the court.— 
841         (1) Time is of the essence for permanency of children in 
842  the dependency system. A permanency hearing must be held no 
843  later than 9 12 months after the date the child was removed from 
844  the home or within no later than 30 days after a court 
845  determines that reasonable efforts to return a child to either 
846  parent are not required, whichever occurs first. The purpose of 
847  the permanency hearing is to determine when the child will 
848  achieve the permanency goal or whether modifying the current 
849  goal is in the best interest of the child. A permanency hearing 
850  must be held at least every 9 12 months for any child who 
851  continues to be supervised by receive supervision from the 
852  department or awaits adoption. 
853         Section 11. Paragraph (b) of subsection (3) and paragraph 
854  (e) of subsection (10) of section 39.701, Florida Statutes, are 
855  amended to read: 
856         39.701 Judicial review.— 
857         (3) 
858         (b) If the citizen review panel recommends extending the 
859  goal of reunification for any case plan beyond 9 12 months from 
860  the date the child was removed from the home, the child was 
861  adjudicated dependent, or the case plan was adopted, whichever 
862  date came first, the court must schedule a judicial review 
863  hearing to be conducted by the court within 30 days after 
864  receiving the recommendation from the citizen review panel. 
865         (10) 
866         (e) Within No later than 6 months after the date that the 
867  child was placed in shelter care, the court shall conduct a 
868  judicial review hearing to review the child’s permanency goal as 
869  identified in the case plan. At the hearing, the court shall 
870  make findings regarding the likelihood of the child’s 
871  reunification with the parent or legal custodian within 9 12 
872  months after the removal of the child from the home. If, at this 
873  hearing, the court makes a written finding that it is not likely 
874  that the child will be reunified with the parent or legal 
875  custodian within 9 12 months after the child was removed from 
876  the home, the department must file with the court, and serve on 
877  all parties, a motion to amend the case plan under s. 39.6013 
878  and declare that it will use concurrent planning for the case 
879  plan. The department must file the motion within no later than 
880  10 business days after receiving the written finding of the 
881  court. The department must attach the proposed amended case plan 
882  to the motion. If concurrent planning is already being used, the 
883  case plan must document the efforts the department is taking to 
884  complete the concurrent goal. 
885         Section 12. Subsection (1) of section 39.8055, Florida 
886  Statutes, is amended to read: 
887         39.8055 Requirement to file a petition to terminate 
888  parental rights; exceptions.— 
889         (1) The department shall file a petition to terminate 
890  parental rights within 60 days after any of the following if: 
891         (a) The At the time of the 12-month judicial review 
892  hearing, a child is not returned to the physical custody of the 
893  parents 9 months after the child was sheltered or adjudicated 
894  dependent, whichever occurs first; 
895         (b) A petition for termination of parental rights has not 
896  otherwise been filed, and the child has been in out-of-home care 
897  under the responsibility of the state for 12 of the most recent 
898  22 months, calculated on a cumulative basis, but not including 
899  any trial home visits or time during which the child was a 
900  runaway; 
901         (c) A parent has been convicted of the murder, 
902  manslaughter, aiding or abetting the murder, or conspiracy or 
903  solicitation to murder the other parent or another child of the 
904  parent, or a felony battery that resulted in serious bodily 
905  injury to the child or to another child of the parent; or 
906         (d) A court determines that reasonable efforts to reunify 
907  the child and parent are not required. 
908         Section 13. Subsection (2) of section 39.806, Florida 
909  Statutes, is amended to read: 
910         39.806 Grounds for termination of parental rights.— 
911         (2) Reasonable efforts to preserve and reunify families are 
912  not required if a court of competent jurisdiction has determined 
913  that any of the events described in paragraphs (1)(f)-(l) 
914  (1)(e)-(l) have occurred. 
915         Section 14. Section 39.823, Florida Statutes, is amended to 
916  read: 
917         39.823 Guardian advocates for drug dependent newborns.—The 
918  Legislature finds that increasing numbers of drug dependent 
919  children are born in this state. Because of the parents’ 
920  continued dependence upon drugs, the parents may temporarily 
921  leave their child with a relative or other adult or may have 
922  agreed to voluntary family services under s. 39.301(15). The 
923  relative or other adult may be left with a child who is likely 
924  to require medical treatment but for whom they are unable to 
925  obtain medical treatment. The purpose of this section is to 
926  provide an expeditious method for such relatives or other 
927  responsible adults to obtain a court order that which allows 
928  them to provide consent for medical treatment and otherwise 
929  advocate for the needs of the child and to provide court review 
930  of such authorization. 
931         Section 15. Subsection (8) of section 901.15, Florida 
932  Statutes, is amended to read: 
933         901.15 When arrest by officer without warrant is lawful.—A 
934  law enforcement officer may arrest a person without a warrant 
935  when: 
936         (8) There is probable cause to believe that the person has 
937  violated an injunction entered pursuant to s. 39.504 to prevent 
938  child abuse; committed child abuse, as defined in s. 827.03;, or 
939  has violated s. 787.025, relating to luring or enticing a child 
940  for unlawful purposes. The decision to arrest does not require 
941  consent of the victim or consideration of the relationship of 
942  the parties. It is the public policy of this state to protect 
943  abused children by strongly encouraging the arrest and 
944  prosecution of persons who commit child abuse. A law enforcement 
945  officer who acts in good faith and exercises due care in making 
946  an arrest under this subsection is immune from civil liability 
947  that otherwise might result by reason of his or her action. 
948         Section 16. Child protection response system evaluation. 
949  The Office of Program Policy Analysis and Government 
950  Accountability is directed to evaluate the effectiveness of the 
951  child protective response system as established under this act, 
952  including how the Department of Children and Family Services and 
953  lead agencies conduct family centered practice and child 
954  protective responses. 
955         (1) The evaluation must include, but is not limited to, the 
956  following information, which the department and community-based 
957  care lead agencies must collect, maintain, and provide: 
958         (a) The number of families receiving services. 
959         (b) The number of children placed in emergency shelters, 
960  foster care, group homes, or other facilities outside their 
961  homes and families. 
962         (c) The average cost of the services provided to families 
963  receiving services. 
964         (2) The evaluation shall also include an overall assessment 
965  of the progress of the response system, including 
966  recommendations for improvements and the effect of the family 
967  centered practice response system in reducing the number of 
968  children placed outside the home and reducing the number of 
969  child protective investigations. 
970         (3) The Office of Program Policy Analysis and Government 
971  Accountability shall provide three status reports to the 
972  appropriate substantive committees of the Senate and the House 
973  of Representatives on the results of community-based care lead 
974  agency practices in implementing the family centered practice 
975  response system. The reports shall be submitted annually for 3 
976  years beginning January 1, 2011. 
977         Section 17. Child Welfare Professionals Taskforce.—The 
978  Secretary of Children and Family Services shall establish the 
979  Child Welfare Professionals Taskforce for the purpose of 
980  reviewing and making recommendations relating to the education 
981  and qualifications of staff employed by the department, the 
982  sheriff’s offices contracting to provide child protective 
983  responses, and the community-based care lead agencies and their 
984  subcontractors. 
985         (1) At a minimum, the scope of work for the taskforce 
986  includes: 
987         (a) An analysis of the total cost benefit of having child 
988  welfare staff hold a bachelor of social work or master of social 
989  work degree; 
990         (b) An analysis of the risk reduction to children and 
991  families by having all child welfare staff hold a bachelor of 
992  social work or master of social work degree; 
993         (c) An examination of ways to increase the amount of 
994  federal Title IV-E child welfare program funding available to 
995  the state; 
996         (d) An examination of hiring practices in other states 
997  which require all child welfare staff to hold social work 
998  degrees, particularly those states that have privatized the 
999  provision of child welfare services; 
1000         (e) Incentives necessary to hire and retain employees who 
1001  have a bachelor of social work or master of social work degree; 
1002  and 
1003         (f) Incentives to enable current staff to obtain a bachelor 
1004  of social work or master of social work degree while continuing 
1005  employment. 
1006         (2) Members of the taskforce shall be appointed by the 
1007  secretary. At a minimum, the membership must include 
1008  representatives from the department’s headquarters and circuit 
1009  offices, community-based care lead agencies, the sheriff’s 
1010  offices contracted to provide child protective responses, state 
1011  schools that are members of the Florida Association of Deans and 
1012  Directors of Schools of Social Work, faculty members from those 
1013  schools whose duties include working with Title IV-E child 
1014  welfare program stipend students and teaching specialized child 
1015  welfare courses, and at least one recent bachelor of social work 
1016  or master of social work graduate from a Title IV-E project that 
1017  received a scholarship and is now employed with the department 
1018  or a community-based care lead agency. 
1019         (3) The department shall provide administrative support to 
1020  the advisory council to accomplish its assigned tasks. The 
1021  advisory council shall have access to all appropriate data from 
1022  the department, each community-based care lead agency, and other 
1023  relevant agencies in order to accomplish the tasks set forth in 
1024  this section. The data collected may not include any information 
1025  that would identify a specific child or young adult. 
1026         (4) The taskforce shall report annually by December 31 to 
1027  the appropriate substantive committees of the Senate and the 
1028  House of Representatives on the status of the council’s work. 
1029         (5) The taskforce expires June 30, 2013. 
1030         Section 18. Child Safety Assessment Workgroup.—The 
1031  Secretary of Children and Family Services shall establish the 
1032  Child Safety Assessment Workgroup for the purpose of developing 
1033  a safety assessment process that will allow the department to 
1034  fully implement a dual track response system. The workgroup 
1035  shall rely on the experience of other states that have 
1036  successfully implemented a similar response system as well as 
1037  the expertise of child welfare professionals not employed by the 
1038  department or a community-based care lead agency. The workgroup 
1039  shall report its findings and recommendations for a restructured 
1040  safety assessment process for child protective responses to the 
1041  appropriate substantive committees of the Senate and House of 
1042  Representatives by December 31, 2010. 
1043         Section 19. This act shall take effect July 1, 2010.