CBC Part 2 11.3.2023.pdf

APPENDIX IX: DEPARTMENT’S SUPPLEMENTAL CONTRACT

CBC Supplemental Contract Part 2 of 2 46 Contract No.

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SUPPLEMENTAL CONTRACT

EXHIBIT A – SPECIAL PROVISIONS

The following provisions supplement or modify the provisions of Items 1 through 35 of the Standard Contract, as provided herein:

A-1. ENGAGEMENT, TERM AND CONTRACT DOCUMENT

A-1.1. Contract Renewal This Contract shall be re-procured every five (5) years. The Department, based on agency needs and satisfactory vendor performance, may renew the contract once for a period not to exceed one (1) year. Such renewal shall be made in accordance with section 287.057(14), Florida Statutes (F.S.). The renewal price is the estimated contract amount for the renewal year as prescribed by statute and annual appropriations.

A-1.2. Definitions Program specific definitions may be found in the “CBC Definition of Terms” (Attachment 1 – Incorporated Documents) and Attachment 6 – Definitions.

A-2. STATEMENT OF WORK

There are no additional provisions to this section of this contract.

A-3. PAYMENT, INVOICE AND RELATED TERMS

A-3.1. Travel Expenses The Lead Agency may establish rates for travel expenses lower than the rates specified in section 112.061, F.S., including mileage. The Lead Agency will reimburse staff in accordance with the Agency’s travel policy, which shall be approved in writing by the Department’s Contract Manager (CM).

A-4. GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE

A-4.1. Provider Indemnity

A-4.1.1. The following provisions shall apply in lieu of Section 9 of the Standard Contract (entitled “Provider Indemnity”). The Lead Agency shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Department, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including any and all attorney’s fees, alleged to be caused by any alleged act or omission by the Lead Agency, its agents, employees, partners, or subcontractors; provided, however, that the Lead Agency shall not be responsible for the indemnification or defense of that portion of any loss or damages proximately caused by the negligent acts or omissions of the State and/or Department.

The following additional terms will also apply:

A-4.1.1.1. The Lead Agency shall fully indemnify, defend, and hold harmless the State and Department from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, related to or arising from the performance of this Contract;

provided, however, that the foregoing obligation shall not apply to the Department’s misuse or modification of Lead Agency’s products or the Department operation or use of Lead Agency’s products in a manner not contemplated by this Contract. If any product is the subject of an infringement suit, or in the Lead Agency’s opinion is likely to become the subject of such a suit, the Lead Agency may at its sole expense procure for the Department the right to continue using the product or to modify it to become non-infringing. The Department shall not be liable for any royalties.

If the Lead Agency removes an infringing product because it is not reasonably able to modify that product or secure the Department the right to continue to use that product, the Lead Agency shall

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immediately replace that product with a non-infringing product that the Department determines to be of equal or better functionality or be liable for the Department’s cost in so doing.

A-4.1.1.2. The Lead Agency shall indemnify the Department for all costs and attorney’s fees arising from or relating to the Lead Agency's claim that a record contains trade secret information that is exempt from disclosure or the scope of the Lead Agency’s redaction of the record, including litigation initiated by the Department.

A-4.1.1.3. The Lead Agency shall include in all subcontracts and require that the subcontractors in all resulting contracts, and resulting contracts therefrom, include the requirement that such contracted entities indemnify, defend, and hold harmless the State and the Department, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including any and all attorney’s fees, alleged to be caused by any alleged act or omission by the contracted entities, their agents, employees, partners, or subcontractors; provided, however, that the contracted entities shall not be responsible for the defense or indemnification that portion of any loss or damages proximately caused by the negligent acts or omissions of the State and/or Department.

The language in this section notwithstanding, in any perceived conflict between the terms of this agreement and s. 409.993, F.S., or s. 39.011, F.S., the statutory provisions control.

A-4.1.1.4. Nothing in this Contract shall constitute a waiver of sovereign immunity or consent by the Department or the State or its subdivisions to suit by third parties.

A-4.2. Insurance A-4.2.1. In addition to the requirements of Section 10 of the Standard Contract, during the existence of this Contract, and any renewal(s) and extension(s) of it, the Lead Agency will maintain, and through contract require that its subcontractors maintain insurance in accordance with s. 409.993, F.S., any subsequent amendments to the statute, and the following requirements:

A-4.2.1.1. The Lead Agency, and its subcontractors that are direct providers of foster care and related services to children and families, shall maintain continuous adequate general liability coverage in accordance with s. 409.993, F.S. The Lead Agency, and its subcontractors that are direct providers of foster care and related services to children and families, shall maintain continuous adequate professional liability insurance coverage, including coverage for abuse and neglect, with the same limits and any other requirements of the statute for general liability insurance. The Lead Agency and all its subcontractors shall maintain continuous adequate non-owned automobile liability coverage in accordance with s. 409.993, F.S.

All Lead Agency and subcontractor policies of insurance shall be provided by insurers licensed or eligible to do business in Florida and require the insurer to give the Department written notice of any intention to cancel or refuse to renew the policy at least 30 days prior to cancellation or non-renewal.

A-4.2.1.2. The Lead Agency shall provide, and through contract, require its subcontractors to provide, the Department with Acord® 25 certificates of liability insurance naming the Department as the certificate holder evidencing such insurance to be in full force and effect at all times during the term of this Contract, attached to a certification, signed by a Lead Agency authorized representative, that the Lead Agency is in compliance with all applicable federal and state statutory and regulatory insurance requirements.

Submission of the foregoing shall not operate as acceptance by the Department of the adequacy of such policies to comply with these requirements.

A-4.3. Scrutinized Companies A-4.3.1. The following provision shall apply in lieu of Subsection 35.e of the Standard Contract (entitled “Scrutinized Companies”).

A-4.3.1.1. If this Contract is for an amount of $1 Million or more, the Department may terminate this Contract at any time the Lead Agency is found to have submitted a false certification under section

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287.135, F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Regardless of the amount of this contract, the Department may terminate this contract at any time the Lead Agency is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

A-4.4. Mandatory Reporting Requirements A-4.4.1. The Lead Agency and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the Lead Agency, and of any subcontractor, providing services in connection with this Contract who has any knowledge of a reportable incident shall report such incident as follows:

A-4.4.1.1. A reportable incident is defined in CFOP 180-4, which can be obtained from the CM.

A-4.4.1.2. Reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the CM.

A-4.4.1.3. Other reportable incidents shall be reported to the Department’s Office of Inspector General through the Internet at http://www.dcf.state.fl.us/admin/ig/rptfraud1.shtml or by completing a Notification/Investigation Request (Form CF 1934) and emailing the request to the Office of Inspector General at IG.Complaints@myflfamilies.com. The Lead Agency and subcontractor may also mail the completed form to the Office of Inspector General, The Center, 2415 Monroe Street Suite 400 -I, Building 5, 2nd Floor, Tallahassee, Florida, 32303, or via fax at (850) 488-1428.

A-4.5. Anticompetitive Agreements A-4.5.1. The Lead Agency will not offer, enter, nor enforce any formal or informal agreement with any person, firm, or entity under which the parties agree to refrain from competing for any future service contract or limit in any manner the ability of either party to obtain employment by or provide services to the Department or a provider of services to the Department.

A-4.6. Survival of Terms A-4.6.1. The following is added to Subsection 33.j. of the Standard Contract: Given the nature of this Contract, the Lead Agency is expected to have continuing duties that survive the ending date or earlier termination of this Contract. By way of incomplete examples, these duties will most likely include reports (fiscal and programmatic), budgets, audits, and payments. Absent completion of surviving terms, the Lead Agency may not change its corporate status in any manner without Department approval.

A-4.7. Federal Law A-4.7.1. The following provisions are added to Subsection 35.a. of the Standard Contract:

A-4.7.1.1 If the Lead Agency is a federal subrecipient or pass-through entity, then the Lead Agency and its subcontractors who are federal subrecipients or pass-through entities are subject to the following: A contract award (see 2 CFR § 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines in 2 CFR, Part 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

A-4.7.1.2. If the Lead Agency is a federal subrecipient or pass-through entity, the Lead Agency and its subcontractors who are federal subrecipients or passthrough entities, must determine whether or not its subcontracts are being awarded to a "contractor'' or a "subrecipient," as those terms are defined in 2 CFR, Part 200. If a Lead Agency's subcontractor is determined to be a subrecipient, the Lead Agency must ensure the subcontractor adheres to all the applicable requirements in 2 CFR, Part 200.

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A-5 RECORDS, AUDITS AND DATA SECURITY

A-5.1. Client Files The Lead Agency shall ensure the Department’s immediate access to client files and will supply copies of requested materials within one business day of a request by the Department unless a longer time is agreed upon by both the parties.

A-5.2. Public Records

A-5.2.1. The following provisions shall apply in lieu of Section 26 of the Standard Contract (entitled “Public Records”).

A-5.2.1.1. The Lead Agency shall allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(12), F.S. as prescribed by subsection 119.07(1) F.S., made or received by the Lead Agency in conjunction with this Contract except those public records which are made confidential by law must be protected from disclosure. As required by section 287.058(1)(c), F.S., it is expressly understood that the Lead Agency’s failure to comply with this provision shall constitute an immediate breach of contract for which the Department may unilaterally terminate this Contract.

As required by section 119.0701, F.S., to the extent that the Lead Agency is acting on behalf of the Department within the meaning of section 119.011(2), F.S., the Lead Agency shall:

• Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service.

• Upon request from the Department’s custodian of public records, provide to the Department a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law.

• Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Lead Agency does not transfer the records to the Department.

• Upon completion of the contract, transfer, at no cost, to the Department all public records in possession of the Lead Agency or keep and maintain public records required by the Department to perform the service. If the Lead Agency transfers all public records to the Department upon completion of the contract, the Lead Agency shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Lead Agency keeps and maintains public records upon completion of the contract, the Lead Agency shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department.

IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S.,

TO THE PROVIDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 850-487-1111, OR BY EMAIL AT

DCFCustodian@MYFLFAMILIES.COM, OR BY MAIL AT: DEPARTMENT OF CHILDREN AND

FAMILIES, 2415 NORTH MONROE STREET, TALLAHASSEE, FL 32303-4190.

A-6. PENALTIES, TERMINATION AND DISPUTE RESOLUTION

A-6.1. Termination Section 30a of the Standard Contract is replaced with the following language:

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This Contract may be terminated without cause by the Department upon no less than 90 days’ notice, and by the Lead Agency upon no less than 180 calendar days’ notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by any delivery service that provides verification of delivery or by hand delivery to the CM or the representative of the Lead Agency responsible for administration of the program. If either party terminates this Contract without cause, that party shall coordinate a transition plan, as described in the “CBC Expiration/Termination Transition Planning Requirements” (Attachment 1) with the other party within 30 calendar days’ of making such notification.

This provision shall not limit the Department’s ability to terminate this Contract for cause according to other provisions herein.

A-6.2. Dispute Resolution In addition to Section 32 of the Standard Contract regarding dispute resolution, the parties agree to cooperate in resolving any differences in interpreting this Contract. Each party shall notify the other party of the name, business address and telephone number of that party’s designated representative for dispute resolution purposes. Within five business days from receipt by the designated representative of the other party’s written request for dispute resolution, the representatives will conduct a face-to-face meeting (or telephonic if mutually agreed) to resolve the disagreement. If the representatives are unable to reach a mutually satisfactory resolution, either representative may request referral of the issue to the Lead Agency’s Chief Executive Officer (CEO) and the Assistant Secretary for the Office of Child and Family Well-Being or designee. Upon referral, the CEO and the Department shall confer to resolve the issue.

If the Department and CEO are unable to resolve the issue within ten business days, the matter will be referred to the Secretary or his or her designee, whose decision on the matter will be final. The parties reserve all their rights and remedies under Florida law.

A-7. OTHER TERMS

A-7.1. Third Parties This Contract shall not be construed as providing any enforceable right to any third party.

A-7.2. Governance The Lead Agency shall be a Florida corporation or a governmental entity with a principal office located in the geographic area served by the Lead Agency. All policy-making, management, and operational control of a non-governmental Lead Agency shall be vested in a self-perpetuating Board of Directors or a Committee of the Board of Directors whose membership shall meet the minimum requirements of s. 409.987(4)(b), F.S., which requires at least 51 percent of the membership of the board of directors consist of persons residing within the service area of the Lead Agency, and if a board committee governs the Lead Agency, 100 percent of its membership must consist of persons residing within the service area of the Lead Agency. The board of directors shall include at least one member that represents the local Sheriff’s Office, and at least one member that represents the local community alliance, if the community has an established community alliance pursuant to s. 20.19, F.S., and at least one member that represents county government. The directors and officers of the Lead Agency shall have no business or financial ties to the Lead Agency, any of the providers that are part of the Lead Agency’s provider network, or any suppliers that result in a personal financial gain to any director or officer. Service providers shall not maintain voting rights within the Board of Directors. Changes to the composition of the Board of Directors shall be approved in writing by the Department’s Secretary, or designee.

A-7.2.1 Fiduciary Responsibilities A-7.2.1.1. The members of the Board of Directors shall have a fiduciary duty to act in the best interest of the Lead Agency and its stakeholders, and in so doing, they shall adhere to the highest standards of care, loyalty, and good faith.

A-7.2.1.2 The Board shall exercise diligent oversight and approval of the Lead Agency’s annual budget and spend plan. This oversight shall include but not be limited to, a review and approval process, which may involve meetings, discussions, and analysis of financial data. The Board shall ensure the

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approval process is compliant with section 409.987 F.S. and provides for long-term financial stability of the Lead Agency.

A-7.2.1.3 The Board shall exercise sound judgment in their decision-making related to the Lead Agency’s financial and business operations, taking into consideration the Lead Agency’s financial health and viability, direct services to children and families, and overall functioning of the system of care.

A-7.2.2 Disclosure of Conflicts of Interest A-7.2.2.1 Each member of the Board shall promptly disclose, in writing, any potential conflicts of interest that they or any related parties, in which they have material interest, may have in connection to the Lead Agency’s business. Such disclosures shall be provided in accordance with section 112.3145 , F.S. and shall be made to the full Board of Directors as well as the Contract Manager for this agreement.

A-7.2.2.2 In the event of a disclosed conflict of interest, the affected Board Member shall immediately abstain from participating in discussion and decisions related to the matter in which the conflict exists. Furthermore, the Board, as a whole, shall take appropriate measures to ensure that the conflicted member is not involved in any way in determination of any Lead Agency business for which the conflict exists.

A-7.2.2.3 The Lead Agency Board shall maintain records of all disclosed conflicts of interest and actions take to address them with due consideration for confidentiality when required by law. These records shall be accessible to auditors, the Department, and other relevant parties as required by law.

A-7.3. Related Party Transactions and Conflict of Interest The Lead Agency’s Board of Directors shall establish uniform and consistent policies to address procurement requirements for any related party transactions which include, at a minimum, the prohibition of any conflicts of interest among the Lead Agency, its staff, its Board of Directors, and its subcontractors.

Unless a justification is approved in writing by the Department, the Lead Agency shall not contract with a related party for management and administrative functions.

A-7.3.1: Through execution of this Contract, the Department considers all employees of the Lead Agency to be in positions of public trust, and therefore all employees, including executive employees and members of the Board of Directors, shall maintain standards of conduct in accordance with section 112.313(2), (3), and (7), Florida Statutes.

A-7.4 Unauthorized Aliens Unauthorized Aliens shall not be employed. Employment of unauthorized aliens shall be cause for unilateral termination of this Contract for violation of section 274A of the Immigration and Nationality Act (8 U.S.C. § 1324a) and section 101 of the Immigration Reform and Control Act of 1986. The Lead Agency and its subcontractors will enroll in and use the E-verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and its subcontractors’ employees performing under this Contract. Employees assigned to this Contract means all persons employed or assigned (including subcontractors) by the Lead Agency or a subcontractor during the Contract term to perform work pursuant to this Contract within the United States and its territories.

A-8. FEDERAL FUNDS APPLICABILITY

A-8.1 The Lead Agency and its subcontractor(s) shall comply with all applicable federal and state laws, rules, and regulations as amended from time to time, that affect the subject areas of the contract, whether or not explicitly referenced herein.

A-8.2 Federal Whistleblower Requirements Pursuant to Section 11(c) of the Occupational Safety and Health (OSH) Act of 1970 and the subsequent federal laws expanding the act, the Lead Agency is prohibited from discriminating against employees for

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exercising their rights under the OSH Act. Details of the OSH Act can be found at this website:

http://www.whistleblowers.gov.

A-9. CLIENT SERVICES APPLICABILITY

The Lead Agency shall comply with all applicable terms related to the provision of services under this contract for clients designated in Section B-4.

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EXHIBIT B - SCOPE OF WORK

B-1. SCOPE OF SERVICE

The Lead Agency shall deliver a comprehensive array of child protection and child welfare services as defined in

s. 409.986 and 409.988, Florida Statutes (F.S.) to children and families in the geographic area described in Section B-3.1., while ensuring each child’s safety, well-being and permanency.

The Lead Agency shall conduct all activities supported by this Contract in accordance with the Department’s Invitation to Negotiate, and its response. Both Invitation to Negotiate and the response are hereby incorporated by reference and shall be maintained in the Lead Agency’s and the Department’s official files. The Contract shall control in the event of any conflict with the response.

B-2. MAJOR CONTRACT GOALS

In accordance with s. 409.986(1)(a), F.S., it is the intent of the Legislature that the Department of Children and Families provide child protection and child welfare services to children through contracting with community-based care Lead Agencies. It is the further intent of the Legislature that communities have responsibility for and participate in ensuring safety, permanence, and well-being for all children in the state. It is the goal of the department to protect the best interest of children by achieving the outcomes stated in s. 409.986(2), F.S., in conjunction with the community-based care Lead Agency, community-based subcontractors, and the Community Alliance. A community-based Lead Agency shall make every reasonable effort to deliver an array of services that are evidence-based, trauma-informed, and include:

B-2.1. Prevention services to prevent candidates for foster care from entering foster care.

B-2.2. Family Support Services for in-home cases in which there is a high or very high risk of future maltreatment.

B-2.3. Safety Management and Family Preservation Services for in-home cases.

B-2.4. Placement services for out-of-home care.

B-2.5. Extended Foster Care and Independent Living.

B-2.6. Adoption services.

B-2.7. Guardianship Assistance.

B-2.8. Well-being services to include transition services for young adults (including extended foster care and independent living), education, and health services.

B-3. SERVICE AREA/LOCATIONS/TIMES

B-3.1. Geographic Service Area - Services shall be provided in TBD counties. As provided in Rule 65C-30.018, Florida Administrative Code (F.A.C.), out-of-county services will be provided as agreed between contracted service providers. Such agreement shall include provisions that:

B-3.1.1. Out of County Services home studies shall be assigned within three business days and completed within 30 calendar days of assignment and in compliance with other guidelines as set forth in Rule 65C-30.018, F.A.C.

B-3.2. Service under this Contract shall be provided 24 hours per day/7 days a week.

B-4. CLIENTS TO BE SERVED

Services are provided to children and families who need prevention services designed to prevent the removal of children considered candidates for foster care, family support services, family preservation and safety management services for families considered high or very high risk for removal of a child, out of home care, in-home supervision, independent living, case management services and out-of-home care placements, guardianship assistance, adoption services and post-adoption services. Clients who qualify for services under this Contract shall be determined in accordance with the provisions of: Chapters 39, 63, 402 and 409, F.S., and Chapters 65C-15 through 65C-17, 65C-27 through 65C-30, 65C-33, 65C-35, 65C-38, and 65C-41 through 65C-

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46, F.A.C.; and Titles IV-B and IV-E of the Social Security Act. The Department shall make the final determination as to client eligibility for services. In the event of any disputes regarding client eligibility, dispute resolution, as described in Section A-6.2 shall be implemented.

B-5. CLIENT ELIGIBILITY/CLIENT DETERMINATION

In accordance with s. 409.988(1)(a), F.S., the Lead Agency shall serve all children referred as a result of a report of abuse, neglect, or abandonment to the department’s central abuse hotline, including, but not limited to, children who are the subject of verified reports and children who are not the subject of verified reports but who are at moderate to extremely high risk of abuse, neglect, or abandonment, as determined using the department’s risk assessment instrument, regardless of the level of funding allocated to the Lead Agency by the state if all related funding is transferred. The Lead Agency may also serve children who are considered candidates for foster care or whose parents have requested assistance.

B-6. EQUIPMENT

The Lead Agency shall comply with requirements related to the nonexpendable property obtained or transferred for services under this Contract as addressed in the “Lead Agency Tangible Personal Property Requirements” (Attachment 1).

B-7. CONTRACT LIMITS

B-7.1. Service Responsibility Pursuant to s. 409.988(1)(a), F.S., the Lead Agency will identify services being provided to the children and families served. The Lead Agency and the Department will complete an annual assessment of current services provided, identify any needed services not presently provided and what would be required to provide the services. The assessment will include a review of safety management services and evidence-based practices to address the complex needs of all children, including teens, and caregivers served within their local systems of care. The Lead Agency and the Department will identify gaps in services being provided and the reason for such gaps. Once gaps are identified, the Lead Agency shall develop a plan for resolving the gaps in service, which shall be submitted to the Department for review and approval.

B-7.2. Mitigating Financial Risk to The Lead Agency

B-7.2.1 The Community-Based Care Risk Pool established by s. 409.990(8), F.S., is used to mitigate the financial risk to eligible Lead Agencies.

B-7.2.2 If the Lead Agency that requests additional funding (from Community-Based Care Risk Pool funds or other budgetary process) either in excess of 5% of its current annual funding or for two consecutive years, as a precondition for receipt of the requested funding, the Lead Agency may be required to pay for a forensic audit of itself performed by auditors chosen by and reporting their results to the Department. Additional circumstances for consideration by the Department in determining whether a forensic audit is necessary, may include but is not limited to, findings identified by an independent financial audit, concerns from the Risk Pool Committee, or the Lead Agency’s failure to maintain its Financial Viability plan to achieve financial viability.

B-7.2.3. Section 409.992, F.S., establishes Lead Agency expenditure guidelines. In accordance with

s. 409.992(3), F.S., Lead Agency administrative employees may not receive a salary, whether base pay or base pay combined with any bonus or incentive payments, in excess of 150 percent of the annual salary paid to the Secretary of the Department of Children and Families from state-appropriated funds, including state-appropriated federal funds. This subsection does not prohibit any party from providing cash that is not from appropriated state funds to a community-based care Lead Agency administrative employee.

B-7.3. Compliance with all state laws and rules, and federal laws and regulations The Lead Agency will comply with and ensure that all its subcontractors comply with all state laws and rules, federal laws and regulations, Department Operating Procedures (CFOP's) or Department-

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approved Lead Agency policies and procedures, Department policy memos, and Practice Guidelines, as they may be promulgated or amended. A partial list is available within the “CBC Authority and Requirements Reference Guide” (Attachment 1). The Lead Agency has an obligation to identify and understand all state laws and rules, federal laws and regulations and Department CFOPs. If the Lead Agency objects to implementation of a Department policy memo or operating procedure within 30 days of receipt of Department notice thereof, it shall identify the basis for such objection in writing. If the Department determines that it will still seek implementation of the contested policy memo or operating procedure, the Lead Agency may seek review by the appropriate Director or the Office of Child and Family Well-Being whose decision will be final on the issue. Department policy memos will be issued through the CM to the Lead Agency’s designated official point of contact.

B-7.4. Policies and Procedures The Lead Agency point of contact will submit proposed policies and procedures to the CM for review and approval. Policies and procedures developed by the Lead Agency must be at least as restrictive of those included in any Department or federal statute, rule or regulation. The Department will respond to the Lead Agency’s request for policy approval within a reasonable time period in support of Lead Agency continuity of operations. Department-approved Lead Agency policies and procedures will be valid for the term of this Contract, updating as necessary to align with changes in statute, rule, or operating procedures.

B-7.5. Pending Litigation The Department will consult with the Lead Agency regarding pending lawsuits that may affect services under this Contract but will have no obligation to the Lead Agency to undertake or change any position in any case. The Lead Agency shall comply with any requirements imposed by an applicable court order or settlement related to such lawsuits. Verified increases in costs resulting therefrom will be considered under Section B-7.2. The Lead Agency will notify the Department of all lawsuits related to this Contract or services, within ten calendar days of receipt of service.

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EXHIBIT C - TASK LIST

The Lead Agency shall perform all functions necessary for the proper delivery of services including, but not limited to, the following:

C-1. SERVICE TASKS

C-1.1. Safety C-1.1.1. Prevention Services The Lead Agency shall deliver Prevention Services, including, but not limited to:

C-1.1.1.1. Family support services for “Parent Needs Assistance” or “Hope Florida” referrals.

C-1.1.1.2. Prevention services for candidates at imminent risk of entering foster care with a priority on services that utilize Well-Supported, Supported, or Promising practices to prevent entry into foster care as designated in the federal Administration of Children and Families Clearinghouse (Clearinghouse).

C-1.1.1.2.1. Provide details regarding a plan to ensure at least 50% of all service expenditures related to prevention services designed for and related to children at “imminent risk of entering foster care” will be either Supported or Well-Supported evidence-based practices as designated in the Clearinghouse by October 1, 2023.

C-1.1.1.2.2. Provide details regarding a plan to ensure at least 50% of all service expenditures related to prevention services designed for and related to children at “imminent risk of entering foster care” will be Well-Supported evidence-based practices as designated in the Clearinghouse by October 1, 2025.

C-1.1.1.3. Lead and participate in the creation of an annual Local Community Prevention Plan with your region, local community alliance, local school board, and other relevant stakeholders. The Local Community Prevention Plan should, at a minimum contain a catalog and description of primary and secondary prevention services in use within the geographic service area; collaborative interagency agreements between public agencies to maximize private and public dollars to implement an efficient and non-redundant network of prevention services that meet the needs of the geographic service area; process maps or workflow graphs showing how prevention service requests are handled internally, referrals are made, and follow up is achieved; processes and procedures to integrate the Department’s Hope Florida initiative, Care Navigation, and Office of Continuing Care, and a listing and brief description of prevention service contracts the Lead Agency has entered. The Local Community Prevention Plan must also include interagency agreements specifically for the Department of Health, Department of Juvenile Justice, Agency for Persons with Disabilities, Agency for Health Care Administration and its managed plan providers, and the local Managing Entity for Substance Abuse/Mental Health services.

C-1.1.1.3.1 The Lead Agency is required, within 90 days of execution of this contract, to establish lived experience councils for youth and parents. These councils must meet on a regular basis, at least quarterly, and each meeting shall have a formal agenda and minutes.

C-1.1.1.4 Services that divert from entry into the child welfare system or higher levels of care. These services may include family preservation and intensive in-home case management services or similar

C-1.1.2. Child Protection Tasks The Lead Agency shall be responsible for Child Protection Tasks, including, but not limited to:

C-1.1.2.1. Delivery of foster care and services based on a trauma-sensitive individualized case plan developed pursuant to state and safety measurement standards, s. 39.6011, 39.6012, 39.6013, 39.602, and 39.603, F.S. Placements must be made in accordance with Rule 65C-45 F.A.C., and CFOP 170-11 Chapter 12.

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C-1.1.2.2. All services must be documented in the child's Florida Safe Families Network (FSFN) master file.

C-1.1.2.3. Assignment of a Dependency Case Manager to ensure availability of services upon removal of any child as a result of an investigation. The Dependency Case Manager shall be assigned as secondary to the case at shelter to ensure availability of services. Additionally, the Lead Agency shall ensure that all actions taken in relation to provision being made available for each specific service identified in the plan are documented in FSFN. Should information that does not impact the safety determination be incomplete, the Lead Agency shall not delay provision of available services while the Child Protection Investigator (CPI) is collecting the necessary information. Transfer of primary responsibility shall occur within 10 days of the shelter hearing.

C-1.1.2.4. Provision of assistance in response to requests from the Department related to its coordination of child safety issues with Agency Health Care for Administration, Department of Juvenile Justice and Agency for Persons with Disabilities. The Lead Agency recognizes that certain children, who are at risk of abuse or neglect, cross multiple systems of care and multiple state agencies.

C-1.1.2.5. The Lead Agency shall conduct a trauma screening as soon as practical after a child is removed from his or her home, but no later than 21 calendar days after the shelter hearing. If indicated as appropriate or necessary by the trauma screening the Lead Agency must promptly refer the child to appropriate trauma assessment, which must be completed within 30 calendar days, and if appropriate, services and interventions as needed. To the extent possible, the trauma screening, the assessment, services and intervention, must be integrated into the child’s overall behavioral health treatment planning and services.

C-1.1.3. Safety Management and Family Preservation Services C-1.1.3.1. The Lead Agency shall provide family preservation services and formal safety management services to children who meet the requirements of Rule Chapter 65C-30, F.A.C., at the capacity necessary to meet the needs of the service area, including adequate availability during investigations and ongoing case management. Safety management services must be intensive and prioritize early in-home engagement.

C-1.1.3.2. The Lead Agency shall develop internal methods to evaluate the quality and effectiveness of the formal safety management services delivered.

C-1.1.3.3. The Lead Agency shall ensure that safety plans are managed following case transfer.

C-1.1.3.4. If, at any point during the investigation process, the CPI identifies a need for a Present Danger Safety Plan that cannot be accommodated by informal supports, the Lead Agency will facilitate access to an array of formal safety services.

C-1.1.3.5. The Lead Agency is responsible for working in partnership with the Department to fully implement and operationalize the Child Welfare Practice Model (CFOP 170-1).

C-1.2 Permanency C-1.2.1. Adoption Services Permanency is of utmost importance to ensuring a stable living environment for youth in care. The Lead Agency shall meet established federal and Department targets for achieving timely permanence. The Lead Agency shall deliver Adoption Services as outlined in Rule Chapter 65C-16, F.A.C., including, but not limited to:

C-1.2.1.1. The Lead Agency shall dedicate resources to the execution of, and work in conjunction with the Department on the implementation and ongoing management of local and state plans for the

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promotion of adoption, support of adoptive families, post adoption services and support, and prevention of abuse, abandonment, and neglect of children as outlined in s. 39.001(9) and (10), F.S.

C-1.2.1.2. Services designed to prepare children for adoption placement.

C-1.2.1.3. Recruitment of adoptive families for children with special needs, and families that reflect the racial and ethnic diversity of children waiting for adoptive homes.

C-1.2.1.4. Input and maintenance of information on the adoption information section of FSFN to include children waiting for adoption and approved adoptive families. In addition, the Lead Agency shall ensure that Explore Adoption (www.adoptflorida.org) is updated within 15 calendar days of a child becoming available for adoption. If information cannot be placed on these websites in a timely manner, the explanation shall be documented in FSFN on a weekly basis until the website is updated. Further, the Lead Agency shall ensure that both the web memos and photos positively represent Florida’s most vulnerable children.

C-1.2.1.5. Pre- and post-adoption support services to adoptive families, including services leading to, and after, finalization of the adoption. Examples include assessment of the child and family for needed services and supervision of the child in the adoptive home; referral to appropriate medical, mental health, and behavioral management services; services pertinent to children with developmental disabilities, if applicable; and training and support group participation for the child and family. Within the limits of federal and state guidelines, the Lead Agency, acting as the provider of adoption services, is given the authority to obligate the Department when all parties have signed an adoption assistance agreement.

C-1.2.1.5.1. If the Department or its contracted provider has responsibility for placement and care of the child, the Lead Agency in the county where the court has jurisdiction is responsible for the adoption assistance agreement and paying the adoption subsidy, even if the child is placed in an adoptive home in another county.

C-1.2.1.5.2. If the Department or its contracted provider does not have responsibility for placement and care of the child, the Lead Agency in the adoptive parents’ county of residence is responsible for determining whether the child meets the definition of special needs, entering into the adoption assistance agreement and paying the adoption subsidy.

C-1.2.1.6. Designate staff responsible for developing and providing post-adoption services for families and ensuring a means of communication is in place to ensure that adoptive parents and adopted children know how to access these services. Provide information about services available to families requesting post-adoption support services. Examples of post-adoption support services include, but are not limited to: short term case management; the provision of support groups for adoptive parents and their adopted children; training and educational opportunities for adoptive families; assistance with financial needs through medical assistance; assistance with securing necessary mental health, behavioral, therapeutic and dental services pertinent to children with developmental disabilities, if applicable; and medical services for the adopted child. These services shall be documented in FSFN as post-adoption services cases.

C-1.2.1.6.1. When a child adopted from foster care becomes an adult and requests identity information from his/her closed adoption/foster care record, the “Guidelines for Release of Children’s Records” (Attachment 1) must be followed. An adopted child who was never in foster care should be referred to Florida’s Adoption Reunion Registry for assistance.

C-1.2.1.6.2. Upon request from an adoptive family, updates for Adoption Assistance Medicaid shall be completed in FSFN, as well as the necessary interstate forms to establish Florida Medicaid for adoptive families who have moved to Florida with an adopted child who is receiving adoption assistance from another state.

C-1.2.1.7. Collecting, redacting (as necessary), and making available for the purposes of adoption, no later than at the time of the child’s placement with the prospective adoptive parents, all

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documentation and information to fully disclose the history of each child to be adopted to the prospective adoptive parents, as required by s. 63.085, F.S., and Rule 65C-16.002, F.A.C.

C-1.2.1.8. The Department will work with the Lead Agency to develop its own operational procedures to include additional disclosure of information and the timing of that disclosure for prospective adoptive parents. The Lead Agency policies concerning disclosure and the timing of disclosure shall be reviewed and approved by the Department.

C-1.2.1.9. Lead Agency shall annually provide written and published operating procedures that detail timelines and procedures to maximize the use of concurrent case planning, minimize the time to complete preliminary and final adoptive home studies, streamline data entry into the statewide child welfare information system, and reduce time to permanency.

C-1.2.1.10. Lead Agency shall gather all information to complete the requirements for the child-specific section of the unified home study, excluding information related to any prospective caregiver, and enter that data into the child welfare information system of record no later than 90 days after the filing of a petition for termination of parental rights.

C-1.2.2. Placement Services The Lead Agency shall develop and maintain, through at least annual updates, a Placement Array and Services plan that ensures the agency has an adequate placement array to address the needs of children coming into care, and the Lead Agency must deliver Placement Services in the least restrictive setting, including, but not limited to:

C-1.2.2.1. Providing of supervision and placement of children, 24 hours per day and 365 days per year.

C-1.2.2.2. Licensing family foster homes in accordance with s. 409.175, F.S., and Rule Chapter 65C- 45, F.A.C.

C-1.2.2.3. Achieving and maintaining of licensure by the Department as a child-placing agency in accordance with s. 409.175, F.S and Chapter 65C-15 F.A.C. Ensuring subcontractors are licensed as a child-placing agency, if performing Title IV-E reimbursable services, or if required pursuant to Florida law.

C-1.2.2.4. Ensuring the provision of the Child Health Check-Up, in accordance with Rule 65C-28.003, F.A.C., for children under the supervision of the Lead Agency.

C-1.2.2.5. Ensuring that every reasonable effort is made to perform diligent search and family finding services to secure, review, and approve all relative and nonrelative-placements under the Lead Agency’s supervision in accordance with Rule 65C-38.002 and 65C-28.011, F.A.C. and compliance with s. 39.0138, F.S. and s. 39.5085, F.S. Placement of children must adhere to federal requirements for the least intrusive, best interest of the child, least disruptive placement with priority preference given to closest blood relative or adoptive relative (parents, siblings, grandparents, etc.). A home study must be completed and approved and included in FSFN in accordance with Chapter 39, F.S., prior to placement of the child. Every reasonable effort must be made to perform diligent searches and family finding services as early as possible to locate family or fictive kin as a priority placement.

C-1.2.2.5.1. The Lead Agency shall submit a plan annually to the Department outlining the process for increasing relative and non-relative placement. Following the initial year, this report must include the results of such efforts for the previous year. This plan must also include specific actions to be taken when the number of placements is not sufficient for the number of children in care, and in such instances, the Lead Agency shall provide updates, at an interval set by the Department, to the Contract Manager on the results of efforts to increase placements.

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C-1.2.2.5.2. The Lead Agency shall ensure the placement of any child in a residential care setting is based on an assessment, as outlined in s. 39.523, F.S. and Rule 65C-28.004, F.A.C., of the child’s needs and justification to support the decision to place a child in a residential care setting is documented in FSFN prior to or within 30 calendar days after the placement is made, including the process for assessment and placement in a Qualified Residential Treatment Program. Short and long-term placement of any child in residential care settings must be thoroughly documented and maintained in FSFN.

C-1.2.2.5.3. In the event the Lead Agency exercises the authority to deny any home the opportunity to provide out-of-home care to any child served under this Contract, justification to support that decision must be thoroughly documented and maintained in FSFN.

C-1.2.2.6. Coordinating and collaborating with the Department’s Interstate Compact on the Placement of Children office when working with children who are placed out of state or children who are being placed from another state. In carrying out these activities the Lead Agency shall comply with 42 U.S.C. 622, 629h, 670-679b, and the Interstate Compact on Adoption and Medical Assistance.