Florida HB 7099: Child Welfare

Bill Text

HB 7099 2019

CODING: Words stricken are deletions; words underlined are additions.
hb7099-00
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A bill to be entitled 1
An act relating to child welfare; amending s. 39.4015, 2
F.S.; removing a definition; amending s. 39.402, F.S.; 3
requiring certain judicial orders to specify that the 4
Department of Children and Families has placement and 5
care responsibility for certain children; amending s. 6
39.407, F.S.; revising the time period within which a 7
court must review a child's residential treatment 8
plan; amending s. 39.5085, F.S.; revising eligibility 9
for the Relative Caregiver Program; amending s. 10
39.5086, F.S.; removing a definition; amending s. 11
39.6225, F.S.; providing for the termination of 12
guardianship assistance benefits under certain 13
circumstances; conforming provisions to changes made 14
by the act; authorizing the department to adopt rules; 15
amending s. 39.6251, F.S.; requiring a young adult in 16
extended foster care to provide certain documentation 17
or execute a consent for release of certain records; 18
revising permanency goals for young adults in extended 19
foster care; authorizing a return to care through the 20
execution of a voluntary placement agreement; 21
authorizing the department to adopt rules; amending s. 22
39.701, F.S.; requiring the court to make certain 23
orders when a young adult enters extended foster care; 24
amending s. 409.1451, F.S.; authorizing certain 25

HB 7099 2019

CODING: Words stricken are deletions; words underlined are additions.
hb7099-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

financial awards to be disregarded when applying for 26
other federal assistance; amending s. 409.175, F.S.; 27
revising definitions; revising provisions related to 28
the licensure of family foster homes and certain 29
child-caring and child-placing agencies; deleting 30
required number of training hours for foster parents; 31
amending s. 409.903, F.S.; revising eligibility for 32
Medicaid coverage for children eligible for the 33
Guardianship Assistance Program; amending s. 409.991, 34
F.S.; revising a definition; amending s. 414.045, 35
F.S.; revising eligibility for child-only funding; 36
amending s. 1009.25, F.S.; revising eligibility for 37
tuition and fee exemptions; providing an effective 38
date. 39
40
Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. Paragraph (d) of subsection (2) of section 43
39.4015, Florida Statutes, is amended to read: 44
39.4015 Family finding.— 45
(2) DEFINITIONS.—As used in this section, the term: 46
(d) "Fictive kin" means an individual who is unrelated to 47
the child by either birth or marriage, but has such a close 48
emotional relationship with the child that he or she may be 49
considered part of the family. 50

HB 7099 2019

CODING: Words stricken are deletions; words underlined are additions.
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Section 2. Paragraph (h) of subsection (8) of section 51
39.402, Florida Statutes, is amended to read: 52
39.402 Placement in a shelter.— 53
(8) 54
(h) The order for placement of a child in shelter care 55
must identify the parties present at the hearing and must 56
contain written findings: 57
1. That placement in shelter care is necessary based on 58
the criteria in subsections (1) and (2). 59
2. That placement in shelter care is in the best interest 60
of the child. 61
3. That continuation of the child in the home is contrary 62
to the welfare of the child because the home situation presents 63
a substantial and immediate danger to the child's physical, 64
mental, or emotional health or safety which cannot be mitigated 65
by the provision of preventive services. 66
4. That based upon the allegations of the petition for 67
placement in shelter care, there is probable cause to believe 68
that the child is dependent or that the court needs additional 69
time, which may not exceed 72 hours, in which to obtain and 70
review documents pertaining to the family in order to 71
appropriately determine the risk to the child. 72
5. That the department has made reasonable efforts to 73
prevent or eliminate the need for removal of the child from the 74
home. A finding of reasonable effort by the department to 75

HB 7099 2019

CODING: Words stricken are deletions; words underlined are additions.
hb7099-00
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prevent or eliminate the need for removal may be made and the 76
department is deemed to have made reasonable efforts to prevent 77
or eliminate the need for removal if: 78
a. The first contact of the department with the family 79
occurs during an emergency; 80
b. The appraisal of the home situation by the department 81
indicates that the home situation presents a substantial and 82
immediate danger to the child's physical, mental, or emotional 83
health or safety wh