The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/CS/SB 1064
INTRODUCER: Committee on Fiscal Policy; Appropriations Committee on Health and Human Services;
Committee on Children, Families, and Elder Affairs; and Senator Yarborough
SUBJECT: Trauma Screening for Children Removed from Caregivers
DATE: April 26, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Tuszynski Cox CF Fav/CS
2. Sneed Money AHS Fav/CS
3. Tuszynski Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 1064 amends s. 39.523, F.S., to integrate a trauma screen into the assessment of a
child removed from his or her home.
The bill adds to findings and intent that the timely identification of and 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.
The bill adds a requirement for the DCF to adopt rules that require the DCF or community-
based care lead agency to conduct a trauma screening as soon as practicable after a child's
removal but no later than 21 days after the shelter hearing and requires any indicated trauma
assessment, services, or interventions to be provided within 30 days. To the extent possible, the
screening, assessment, services, or intervention are to be integrated into the child's overall
behavioral health treatment planning and services.
The bill further requires the DCF or the CBC to provide information and support to a caregiver
of a child placed out-of-home to help that caregiver respond to and care for the child in a trauma-
informed and therapeutic manner. Support and information may include but need not be limited
to, consultation, coaching, training, and referral.
BILL: CS/CS/CS/SB 1064 Page 2
The bill will have an indeterminate negative fiscal impact on state government and the private
sector. See Section V.
The bill has an effective date of July 1, 2023.
II. Present Situation:
Florida’s Child Welfare System
The child welfare system identifies families whose children are in danger of suffering or have
suffered abuse, abandonment, or neglect and works with those families to address the problems
that are endangering children. If the problems cannot be addressed, the child welfare system
finds safe out-of-home placements for these children. Out-of-home placements can include a
temporary placement with a family member, family foster home, residential child-caring agency,
or a permanent adoptive placement with a family previously unknown to the child.1
Community-Based Care Organizations and Services
The Department of Children and Families (DCF) contracts for case management, out-of-home
care, including foster care, and other court-approved arrangements, adoption, and other related
services with lead agencies, also known as community-based care organizations (CBCs). The
CBC model is designed to increase local community ownership of service delivery and design of
child welfare services.2
The DCF, through the CBCs, administers a system of care3 for children that is directed toward:
 Prevention of separation of children from their families;
 Intervention to allow children to remain safely in their own homes;
 Reunification of families who have had children removed from their care;
 Safety for children who are separated from their families;
 Promoting the well-being of children through emphasis on educational stability and timely
health care;
 Permanency; and
 Transition to independence and self-sufficiency.4
The CBCs must give priority to services that are evidence-based and trauma informed.5 The
CBCs contract with a number of subcontractors for case management and direct care services to
children and their families. There are 17 CBCs statewide, which together serve the state’s 20
judicial circuits.6 The CBCs employ case managers that serve as the primary link between the
1
Section 409.175, F.S.
2
The Department of Children and Families, About Community-Based Care, available at
https://www.myflfamilies.com/services/child-family/child-and-family-well-being/community-based-care/about-community-
based-care (last visited March 7, 2023) (hereinafter cited as “DCF”).
3
Id.
4
Id.; Also see generally s. 409.988, F.S.
5
Section 409.988(3), F.S.
6
The DCF, Lead Agency Information, available at https://www.myflfamilies.com/services/child-family/child-and-family-
well-being/community-based-care/lead-agency-information (last visited March 7, 2023).
BILL: CS/CS/CS/SB 1064 Page 3
child welfare system and families with children under the DCF’s supervision. These case
managers work with affected families to ensure that a child reaches his or her permanency goal
in a timely fashion.7
The DCF contracts with the following lead agencies as illustrated in the table and map below:
Dependency Process
Current law requires any person who knows or suspects that a child has been abused, abandoned,
or neglected to report such knowledge or suspicion to the Florida’s central abuse hotline
(hotline), including incidents of domestic violence.8 A child protective investigation begins if the
7
Section 409.988(1), F.S.
8
Section 39.201(1), F.S.
BILL: CS/CS/CS/SB 1064 Page 4
hotline determines the allegations meet the statutory definition of abuse,9 abandonment,10 or
neglect.11 A child protective investigator investigates the situation either immediately, or within
24 hours after the report is received, depending on the nature of the allegation.12
After conducting an investigation, if the child protective investigator determines that the child is
in need of protection and supervision that necessitates removal, the investigator may initiate
formal proceedings to remove the child from his or her home.13 When the DCF removes a child
from the home, a series of dependency court proceedings must occur before a child may be
adjudicated dependent.14 The dependency court process is summarized in the table below.
The Dependency Court Process
Dependency Description of Controlling
Proceeding Proceeding Statute
A child protective investigation determines a child is unsafe
Removal s. 39.401, F.S.
in his or her home and the child is removed.
A shelter hearing occurs within 24 hours after removal. The
Shelter Hearing s. 39.401, F.S.
judge determines whether to keep the child out-of-home.
A petition for dependency occurs within 21 days of the
Petition for
shelter hearing. This petition seeks to find the child s. 39.501, F.S.
Dependency
dependent.
An arraignment and shelter review occurs within 28 days of
Arraignment
the shelter hearing. This allows the parent to admit, deny, or
Hearing and Shelter s. 39.506, F.S.
consent to the allegations within the petition for dependency
Review
and allows the court to review any shelter placement.
An adjudicatory trial is held within 30 days of arraignment.
Adjudicatory Trial The judge determines whether a child is dependent during s. 39.507, F.S.
trial.
9
Section 39.01(2), F.S. The term “abuse” means any willful act or threatened act that results in any physical, mental, or
sexual abuse, injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be
significantly impaired. Abuse of a child includes the birth of a new child into a family during the course of an open
dependency case when the parent or caregiver has been determined to lack the protective capacity to safely care for the
children in the home and has not substantially complied with the case plan towards successful reunification or met the
conditions for return of the children into the home. Abuse of a child includes acts or omissions. Corporal discipline of a child
by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to
the child.
10
Section 39.01(1), F.S. The term “abandoned” or “abandonment” means a situation in which the parent or legal custodian of
a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution
to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child,
or both.
11
Sections 39.01(50) and 39.201(2)(a), F.S. “Neglect” occurs when a child is deprived of, or is allowed to be deprived of,
necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation
or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of
being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial
inability unless actual services for relief have been offered to and rejected by such person. A parent or legal custodian
legitimately practicing religious beliefs in accordance with a recognized church or religious organization who thereby does
not provide specific medical treatment for a child may not, for that reason alone, be considered a negligent parent or legal
custodian; however, such an exception does not preclude a court from ordering necessary services.
12
Section 39.101(2), F.S.
13
See generally ss. 39.401 through 39.4024, F.S.
14
See s. 39.01(14), F.S., for the definition of “child who is found to be dependent.”
BILL: CS/CS/CS/SB 1064 Page 5
Dependency Description of Controlling
Proceeding Proceeding Statute
If the child is found dependent, disposition occurs within 15
days of arraignment or 30 days of adjudication. The judge
s. 39.506, F.S.
Disposition Hearing reviews the case plan and placement of the child. The judge
s. 39.521, F.S.
orders the case plan for the family and the appropriate
placement of the child.
The court may change temporary placement at a post
Post-disposition disposition hearing any time after disposition but before the
s. 39.522, F.S.
hearing child is residing in the permanent placement approved at a
permanency hearing.
Judicial Review The court must review the case plan and placement every 6
s. 39.701, F.S.
Hearings months, or upon motion of a party.
Once the child has been out-of-home for 12 months, if DCF
s. 39.802, F.S.
Petition for determines that reunification is no longer a viable goal,
s. 39.8055, F.S.
Termination of termination of parental rights is in the best interest of the
s. 39.806, F.S.
Parental Rights child, and other requirements are met, a petition for
s. 39.810, F.S.
termination of parental rights is filed.
This hearing is set as soon as possible after all parties have
been served with the petition for termination of parental
Advisory Hearing rights. The hearing allows the parent to admit, deny, or s. 39.808, F.S.
consent to the allegations within the petition for termination
of parental rights.
An adjudicatory trial shall be set within 45 days after the
Adjudicatory
advisory hearing. The judge determines whether to terminate s. 39.809, F.S.
Hearing
parental rights to the child at this trial.
In-Home and Out-of-Home Care
The DCF is required to administer a system of care that endeavors to keep children with their
families and provides interventions to allow children to remain safely in their own homes.15
Protective investigators and CBC case managers can refer families for in-home services to allow
children who would otherwise be unsafe to remain in their own homes.
When a child protective investigator determines that in-home services are not enough to allow a
child to safely remain in his or her home, the investigator removes and places the child with a
safe and appropriate temporary placement.16 These temporary placements, referred to as out-of-
home care, provide housing and services to children until they can return home to their families
or achieve permanency with other families through adoption or guardianship.17
15
See s. 39.001, F.S.
16
Sections 39.401 through 39.4022, F.S.
17
The Office of Program Policy and Government Accountability, Program Summary, available at
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=5053 (last visited March 7, 2023).
BILL: CS/CS/CS/SB 1064 Page 6
The CBCs must place all children in out-of-home care in the most suitable out-of-home
placement after assessing the child using a multidisciplinary team (MDT).18 Legislative intent is
to place a child in the least restrictive, most family-like environment in close proximity to
parents when removed from his or her home.19 The DCF is required to follow an enumerated
priority list for out-of-home placement, which includes the below-mentioned specified
placements in descending order:
 Non-offending parent;
 Relative caregiver;
 Adoptive parent of the child’s sibling;
 Fictive kin with a close relationship to the child;
 Nonrelative caregiver without an existing relationship to the child;
 Licensed foster care; and then
 Licensed group or congregate care.20
Placement Decisions by Multidisciplinary Teams
When making a placement decision, Florida law requires the DCF to convene an MDT staffing21
to assess the child and potential placements and make a placement decision when placing a child
in out-of-home care a CBC must place in the most appropriate available setting after conducting
an assessment. This assessment and MDT must adhere to the following goals:
 Secure a child’s safety in the least restrictive and intrusive placement that can meet his or her
needs;
 Minimize the trauma associated with separation from the child’s family and help the child to
maintain meaningful connections with family members and others who are important to him
or her;
 Provide input into the proposed placement decision made by the community-based care lead
agency and the