FL Stat § 39.3065 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part III - Protective Investigations (Ss. 39.301-39.308)|39.3065 - Sheriffs of certain counties to provide child protective investigative services; procedures; funding.

39.3065 Sheriffs of certain counties to provide child protective investigative services; procedures; funding.—(1) As described in this section, the department shall, by the end of fiscal year 1999-2000, transfer all responsibility for child protective investigations for Pinellas County, Manatee County, Broward County, and Pasco County to the sheriff of that county in which the child abuse, neglect, or abandonment is alleged to have occurred. Each sheriff is responsible for the provision of all child protective investigations in his or her county. Each individual who provides these services must complete the training provided to and required of protective investigators employed by the department.(2) During fiscal year 1998-1999, the department and each sheriff’s office shall enter into a contract for the provision of these services. Funding for the services will be appropriated to the department, and the department shall transfer to the respective sheriffs for the duration of fiscal year 1998-1999, funding for the investigative responsibilities assumed by the sheriffs, including federal funds that the provider is eligible for and agrees to earn and that portion of general revenue funds which is currently associated with the services that are being furnished under contract, and including, but not limited to, funding for all investigative, supervisory, and clerical positions; training; all associated equipment; furnishings; and other fixed capital items. The contract must specify whether the department will continue to perform part or none of the child protective investigations during the initial year. The sheriffs may either conduct the investigations themselves or may, in turn, subcontract with law enforcement officials or with properly trained employees of private agencies to conduct investigations related to neglect cases only. If such a subcontract is awarded, the sheriff must take full responsibility for any safety decision made by the subcontractor and must immediately respond with law enforcement staff to any situation that requires removal of a child due to a condition that poses an immediate threat to the child’s life. The contract must specify whether the services are to be performed by departmental employees or by persons determined by the sheriff. During this initial year, the department is responsible for quality assurance, and the department retains the responsibility for the performance of all child protective investigations. The department must identify any barriers to transferring the entire responsibility for child protective services to the sheriffs’ offices and must pursue avenues for removing any such barriers by means including, but not limited to, applying for federal waivers. By January 15, 1999, the department shall submit to the President of the Senate, the Speaker of the House of Representatives, and the chairs of the Senate and House committees that oversee departmental activities a report that describes any remaining barriers, including any that pertain to funding and related administrative issues. Unless the Legislature, on the basis of that report or other pertinent information, acts to block a transfer of the entire responsibility for child protective investigations to the sheriffs’ offices, the sheriffs of Pasco County, Manatee County, Broward County, and Pinellas County, beginning in fiscal year 1999-2000, shall assume the entire responsibility for such services, as provided in subsection (3).(3)(a) Beginning in fiscal year 1999-2000, the sheriffs of Pasco County, Manatee County, Broward County, and Pinellas County have the responsibility to provide all child protective investigations in their respective counties. Beginning in fiscal year 2000-2001, the department is authorized to enter into grant agreements with sheriffs of other counties to perform child protective investigations in their respective counties. The sheriffs of other counties with which the department enters into grant agreements shall adopt the child welfare practice model, as periodically modified by the department, that is used by child protective investigators employed by the department.(b) The sheriffs shall operate, at a minimum, in accordance with the performance standards and outcome measures established by the Legislature for protective investigations conducted by the department.1. All sheriffs shall operate in accord with the same federal performance standards and metrics that are imposed by federal law, regulation, or funding requirements on child protective investigators employed by the department.2. Sheriffs of other counties with which the department enters into grant agreements under paragraph (a) shall operate in accordance with the same child welfare practice model principles used by, and same state performance standards and metrics that are imposed on, child protective investigators employed by the department.Each individual who provides these services must complete, at a minimum, the training provided to and required of protective investigators employed by the department.(c) Funds for providing child protective investigations must be identified in the annual appropriation made to the department, which shall award grants for the full amount identified to the respective sheriffs’ offices. Notwithstanding ss. 216.181(16)(b) and 216.351, the department may advance payments to the sheriffs for child protective investigations. Funds for the child protective investigations may not be integrated into the sheriffs’ regular budgets. Budgetary data and other data relating to the performance of child protective investigations must be maintained separately from all other records of the sheriffs’ offices and reported to the department as specified in the grant agreement.(d) The department and all sheriffs providing child protective investigative services shall collaborate to monitor program performance on an ongoing basis. The department and each sheriff, or his or her designee, shall meet at least quarterly to collaborate on federal and state quality assurance and quality improvement initiatives.(e) The department shall conduct an annual evaluation of the program performance of all sheriffs providing child protective investigative services.1. For the sheriffs of Pasco County, Manatee County, Broward County, and Pinellas County, the evaluation shall only be based on the same federal performance standards and metrics, and those state performance standards and metrics that are not specific to or based on the child welfare practice model, that are imposed on child protective investigators employed by the department.2. For sheriffs of other counties with which the department enters into grant agreements under paragraph (a), this evaluation shall be based on the same child welfare practice model principles used by, and federal and state performance standards and metrics that are imposed on, child protective investigators employed by the department.The program performance evaluation must be standardized statewide excepting state performance standards and metrics that are not specific to or based on the child welfare practice model not being applicable to certain sheriffs as provided in subparagraph 1. The department shall select random cases for evaluation. The program performance evaluation shall be conducted by a team of peer reviewers from the respective sheriffs’ offices that perform child protective investigations and representatives from the department.(f) The department shall produce an annual report regarding, at a minimum, performance quality, outcome-measure attainment, and cost efficiency of the services provided by all sheriffs providing child protective investigative services. The annual report shall include data and information on both the sheriffs’ and the department’s performance of protective investigations. The department shall submit the annual report to the President of the Senate, the Speaker of the House of Representatives, and the Governor no later than November 1 of each year the sheriffs are receiving general appropriations to provide child protective investigations.History.—s. 2, ch. 98-180; ss. 12, 53, ch. 99-228; s. 3, ch. 2000-139; ss. 20, 66, ch. 2000-171; s. 13, ch. 2001-60; s. 17, ch. 2014-19; s. 2, ch. 2020-152; s. 5, ch. 2021-51.