Fla. Stat. § 39.523
Placement in out-of-home care
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2023
As of January 1, 2011
(1) Except as provided in s. 39.407, any dependent child 11 years of age or older who has been in licensed family foster care for 6 months or longer and who is then moved more than once and who is a child with extraordinary needs as defined in s. 409.1676 must be assessed for placement in licensed residential group care. The assessment procedures shall be conducted by the department or its agent and shall incorporate and address current and historical information from any psychological testing or evaluation that has occurred; current and historical information from the guardian ad litem, if one has been assigned; current and historical information from any current therapist, teacher, or other professional who has knowledge of the child and has worked with the child; information regarding the placement of any siblings of the child and the impact of the child’s placement in residential group care on the child’s siblings; the circumstances necessitating the moves of the child while in family foster care and the recommendations of the former foster families, if available; the status of the child’s case plan and a determination as to the impact of placing the child in residential group care on the goals of the case plan; the age, maturity, and desires of the child concerning placement; the availability of any less restrictive, more family-like setting for the child in which the foster parents have the necessary training and skills for providing a suitable placement for the child; and any other information concerning the availability of suitable residential group care. If such placement is determined to be appropriate as a result of this procedure, the child must be placed in residential group care, if available.
(2) The results of the assessment described in subsection (1) and the actions taken as a result of the assessment must be included in the next judicial review of the child. At each subsequent judicial review, the court must be advised in writing of the status of the child’s placement, with special reference regarding the stability of the placement and the permanency planning for the child.
(3) Any residential group care facility that receives children under the provisions of this subsection shall establish special permanency teams dedicated to overcoming the special permanency challenges presented by this population of children. Each facility shall report to the department its success in achieving permanency for children placed by the department in its care at intervals that allow the current information to be provided to the court at each judicial review for the child.
(4) This section does not prohibit the department from assessing and placing children who do not meet the criteria in subsection (1) in residential group care if such placement is the most appropriate placement for such children.
(5)(a) By December 1 of each year, the department shall report to the Legislature on the placement of children in licensed residential group care during the year, including the criteria used to determine the placement of children, the number of children who were evaluated for placement, the number of children who were placed based upon the evaluation, and the number of children who were not placed. The department shall maintain data specifying the number of children who were referred to licensed residential child care for whom placement was unavailable and the counties in which such placement was unavailable. The department shall include this data in its report to the Legislature due on December 1, so that the Legislature may consider this information in developing the General Appropriations Act.
(b) As part of the report required in paragraph (a), the department shall also provide a detailed account of the expenditures incurred for “Special Categories: Grants and Aids—Specialized Residential Group Care Services” for the fiscal year immediately preceding the date of the report. This section of the report must include whatever supporting data is necessary to demonstrate full compliance with paragraph (6)(c). The document must present the information by district and must specify, at a minimum, the number of additional beds, the average rate per bed, the number of additional persons served, and a description of the enhanced and expanded services provided.
(6)(a) The provisions of this section shall be implemented to the extent of available appropriations contained in the annual General Appropriations Act for such purpose.
(b) Each year, funds included in the General Appropriations Act for Enhanced Residential Group Care as provided for in s. 409.1676 shall be appropriated in a separately identified special category that is designated in the act as “Special Categories: Grants and Aids—Specialized Residential Group Care Services.”
(c) Each fiscal year, all funding increases for Enhanced Residential Group Care as provided in s. 409.1676 which are included in the General Appropriations Act shall be appropriated in a lump-sum category as defined in s. 216.011(1)(aa). In accordance with s. 216.181(6)(a), the Executive Office of the Governor shall require the department to submit a spending plan that identifies the residential group care bed capacity shortage throughout the state and proposes a distribution formula by district which addresses the reported deficiencies. The spending plan must have as its first priority the reduction or elimination of any bed shortage identified and must also provide for program enhancements to ensure that residential group care programs meet a minimum level of expected performance and provide for expansion of the comprehensive residential group care services described in s. 409.1676. Annual appropriation increases appropriated in the lump-sum appropriation must be used in accordance with the provisions of the spending plan.
(d) Funds from “Special Categories: Grants and Aids—Specialized Residential Group Care Services” may be used as one-time startup funding for residential group care purposes that include, but are not limited to, remodeling or renovation of existing facilities, construction costs, leasing costs, purchase of equipment and furniture, site development, and other necessary and reasonable costs associated with the startup of facilities or programs upon the recommendation of the lead community-based provider if one exists and upon specific approval of the terms and conditions by the secretary of the department.
(1) LEGISLATIVE FINDINGS AND INTENT.—
(a) The Legislature finds that it is a basic tenet of child welfare practice and the law that a child be placed in the least restrictive, most family-like setting available in close proximity to the home of his or her parents which meets the needs of the child, and that a child be placed in a permanent home in a timely manner.
(b) The Legislature finds that there is an association between placements that do not meet the needs of the child and adverse outcomes for the child, that mismatching placements to children’s needs has been identified as a factor that negatively impacts placement stability, and that identifying the right placement for each child requires effective assessment.
(c) The Legislature also finds that the timely identification of and therapeutic response to acute presentation of symptoms indicative of trauma can reduce adverse outcomes for a child, aid in the identification of services to enhance initial placement stability and of supports to caregivers, and reduce placement disruption.
(d) It is the intent of the Legislature that whenever a child is unable to safely remain at home with a parent, the most appropriate available out-of-home placement shall be chosen after an assessment of the child’s needs and the availability of caregivers qualified to meet the child’s needs.
(2) ASSESSMENT AND PLACEMENT.—When any child is removed from a home and placed in out-of-home care, a comprehensive placement assessment process shall be completed in accordance with s. 39.4022 to determine the level of care needed by the child and match the child with the most appropriate placement.
(a) In accordance with rules adopted by the department, the department or community-based care lead agency must:
1. Coordinate a multidisciplinary team staffing as established in s. 39.4022 with the necessary participants for the stated purpose of the staffing.
2. Conduct a trauma screening as soon as practicable after the child’s removal from his or her home but no later than 21 days after the shelter hearing. If indicated as appropriate or necessary by the screening, the department or community-based care lead agency must, at a minimum:
a. Promptly refer the child to appropriate trauma assessment, which must be completed within 30 days, and if appropriate, services and intervention as needed. To the extent possible, the trauma screening, the assessment, and the services and intervention must be integrated into the child’s overall behavioral health treatment planning and services.
b. In accordance with s. 409.1415(2)(b)3.f., provide information and support, which may include, but need not be limited to, consultation, coaching, training, and referrals to services, to the caregiver of the child to help the caregiver respond to and care for the child in a trauma-informed and therapeutic manner.
(b) The comprehensive placement assessment process may also include the use of an assessment instrument or tool that is best suited for the individual child.
(c) The most appropriate available out-of-home placement shall be chosen after consideration by all members of the multidisciplinary team of all of the information and data gathered, including the results and recommendations of any evaluations conducted.
(d) Placement decisions for each child in out-of-home placement shall be reviewed as often as necessary to ensure permanency for that child and address special issues related to this population of children.
(e) The department, a community-based care lead agency, or a case management organization must document all placement assessments and placement decisions in the Florida Safe Families Network.
(f) If it is determined during the comprehensive placement assessment process that residential treatment as defined in s. 39.407 would be suitable for the child, the procedures in that section must be followed.
(3) JUDICIAL REVIEW.—At each judicial review, the court shall consider the results of the assessment, the placement decision made for the child, and services provided to the child as required under s. 39.701.
(4) DATA COLLECTION.—The department shall collect the following information by community-based care lead agencies and post it on the Department of Children and Families’ website. The information is to be updated on January 1 and July 1 of each year.
(a) The number of children placed with relatives and nonrelatives, in family foster homes, and in residential group care.
(b) An inventory of available services that are necessary to maintain children in the least restrictive setting that meets the needs of the child and a plan for filling any identified gap in those services.
(c) The number of children who were placed based upon the assessment.
(d) An inventory of existing placements for children by type and by community-based care lead agency.
(e) The strategies being used by community-based care lead agencies to recruit, train, and support an adequate number of families to provide home-based family care.
(5) RULEMAKING.—The department shall adopt rules to implement this section.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.