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CS/HB 763 2026
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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
A bill to be entitled 1
An act relating to child welfare; amending s. 39.407, 2
F.S.; providing that a new medical report relating to 3
the provision of psychotropic medication to a child in 4
the legal custody of the Department of Children and 5
Families may be required only under certain 6
circumstances; amending s. 39.4085, F.S.; requiring 7
the department and each community-based care lead 8
agency to coordinate with certain organizations and 9
meet quarterly for a specified purpose; authorizing 10
such meetings to be in person or via teleconference or 11
other electronic means; requiring such meetings to 12
have a formal agenda; requiring the department and 13
each community-based care lead agency to make certain 14
information available on their respective websites; 15
requiring, beginning in a specified year, the 16
department and each community-based care lead agency 17
to publish on their respective websites a biannual 18
report containing specified information; amending s. 19
409.145, F.S.; providing legislative findings; 20
requiring a caregiver to provide a weekly cash 21
allowance to each child in his or her care beginning 22
when the child attains a certain age; prohibiting a 23
caregiver from withholding a child's allowance as 24
punishment; providing that a child may not be required 25
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to use his or her allowance for certain items; 26
encouraging caregivers to offer certain opportunities 27
to children in their care; authorizing the department 28
to adopt rules; amending s. 409.175, F.S.; revising 29
the definitions of the terms "personnel" and 30
"household member"; amending s. 409.912, F.S.; 31
requiring a physician to provide to a pharmacy a copy 32
of certain documentation, rather than a signed 33
attestation, with certain prescriptions; providing an 34
effective date. 35
36
Be It Enacted by the Legislature of the State of Florida: 37
38
Section 1. Paragraph (c) of subsection (3) of section 39
39.407, Florida Statutes, is amended to read: 40
39.407 Medical, psychiatric, and psychological examination 41
and treatment of child; physical, mental, or substance abuse 42
examination of person with or requesting child custody.— 43
(3) 44
(c) Except as provided in paragraphs (b) and (e), the 45
department must file a motion seeking the court's authorization 46
to initially provide or continue to provide psychotropic 47
medication to a child in its legal custody. The motion must be 48
supported by a written report prepared by the department which 49
describes the efforts made to enable the prescribing physician 50
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or psychiatric nurse, as defined in s. 394.455, to obtain 51
express and informed consent for providing the medication to the 52
child and other treatments considered or recommended for the 53
child. In addition, the motion must be supported by the 54
prescribing physician's or psychiatric nurse's signed medical 55
report providing: 56
1. The name of the child, the name and range of the dosage 57
of the psychotropic medication, and that there is a need to 58
prescribe psychotropic medication to the child based upon a 59
diagnosed condition for which such medication is being 60
prescribed. 61
2. A statement indicating that the physician or 62
psychiatric nurse, as defined in s. 394.455, has reviewed all 63
medical information concerning the child which has been 64
provided. 65
3. A statement indicating that the psychotropic 66
medication, at its prescribed dosage, is appropriate for 67
treating the child's diagnosed medical condition, as well as the 68
behaviors and symptoms the medication, at its prescribed dosage, 69
is expected to address. 70
4. An explanation of the nature and purpose of the 71
treatment; the recognized side effects, risks, and 72
contraindications of the medication; drug-interaction 73
precautions; the possible effects of stopping the medication; 74
and how the treatment will be monitored, followed by a statement 75
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indicating that this explanation was provided to the child if 76
age appropriate and to the child's caregiver. 77
5. Documentation addressing whether the psychotropic 78
medication will replace or supplement any other currently 79
prescribed medications or treatments; the length of time the 80
child is expected to be taking the medication; and any 81
additional medical, mental health, behavioral, counseling, or 82
other services that the prescribing physician or psychiatric 83
nurse, as defined in s. 394.455, recommends. 84
85
A new medical report may be required only when there is a change 86
in the dosage or dosage range of the medication, the type of 87
medication prescribed, the manner of administration of the 88
medication, or the prescribing physician or psychiatric nurse. 89
For purposes of this paragraph, prescribing physicians and 90
psychiatric nurses belonging to the same group practice are 91
considered a single prescriber. 92
Section 2. Subsection (6) is added to section 39.4085, 93
Florida Statutes, to read: 94
39.4085 Goals for dependent children; responsibilities; 95
education; Office of the Children's Ombudsman.— 96
(6)(a) The department shall coordinate with organizations 97
that are focused on empowering children with lived experience. 98
The department and such organizations must meet quarterly, at a 99
minimum, in person or via teleconference or other electronic 100
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means to solicit input on ways to address challenges and 101
opportunities for children in the child welfare system. Each 102
meeting must have a formal agenda, and such agenda and the 103
minutes from each meeting must be made available on the 104
department's website. 105
(b) Each community-based care lead agency shall coordinate 106
with organizations that are focused on empowering children with 107
lived experience. The community-based care lead agency and such 108
organizations must meet quarterly, at a minimum, in person or 109
via teleconference or other electronic means to solicit input on 110
ways to address challenges and opportunities for children in the 111
child welfare system. Each meeting must have a formal agenda, 112
and such agenda and the minutes from each meeting must be made 113
available on the community-based care lead agency's website. 114
(c) By February 1 and August 1 of each year, beginning in 115
2027, the department and each community-based care lead agency 116
must make publicly accessible on their respective websites a 117
report that outlines how the department and the community-based 118
care lead agencies have implemented the suggestions of the 119
organizations based on the meetings required in paragraphs (a) 120
and (b). 121
Section 3. Present subsection (5) of section 409.145, 122
Florida Statutes, is redesignated as subsection (6), a new 123
subsection (5) is added to that section, and paragraph (b) of 124
subsection (2) of that section is amended, to read: 125
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409.145 Care of children; "reasonable and prudent parent" 126
standard.—The child welfare system of the department shall 127
operate as a coordinated community-based system of care which 128
empowers all caregivers for children in foster care to provide 129
quality parenting, including approving or disapproving a child's 130
participation in activities based on the caregiver's assessment 131
using the "reasonable and prudent parent" standard. 132
(2) REASONABLE AND PRUDENT PARENT STANDARD.— 133
(b) Application of standard of care.— 134
1. Every child who comes into out-of-home care pursuant to 135
this chapter is entitled to participate in age-appropriate 136
extracurricular, enrichment, and social activities and to 137
receive a weekly cash allowance for personal use in accordance 138
with subsection (5). 139
2. Each caregiver shall use the reasonable and prudent 140
parent standard in determining whether to give permission for a 141
child living in out-of-home care to participate in 142
extracurricular, enrichment, or social activities. When using 143
the reasonable and prudent parent standard, the caregiver must 144
consider: 145
a. The child's age, maturity, and developmental level to 146
maintain the overall health and safety of the child. 147
b. The potential risk factors and the appropriateness of 148
the extracurricular, enrichment, or social activity. 149
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c. The best interest of the child, based on information 150
known by the caregiver. 151
d. The importance of encouraging the child's emotional and 152
developmental growth. 153
e. The importance of providing the child with the most 154
family-like living experience possible. 155
f. The behavioral history of the child and the child's 156
ability to safely participate in the proposed activity. 157
(5) CASH ALLOWANCE.— 158
(a) The Legislature finds that receiving a cash allowance 159
is a critical aspect of normalcy for a child. A cash allowance 160
teaches a child the value and use of money and promotes 161
independence, responsibility, and decisionmaking. Caregivers 162
should provide each child in their care, beginning when the 163
child attains 6 years of age, a weekly cash allowance to help 164
the child learn to manage money. 165
(b) Caregivers licensed by the department must provide a 166
minimum allowance of $20 per week from the caregivers' existing 167
board rate to children aged 13 through 17 in their care. A child 168
may not be required to use his or her allowance to purchase 169
personal hygiene items, school supplies, clothing, or other 170
necessities that are the responsibility of the child's 171
caregiver. The allowance may not be tied to the child's behavior 172
or employment status or the completion of his or her chores. A 173
caregiver may not withhold the child's allowance as a form of 174
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punishment. Caregivers are encouraged to provide children placed 175
in their care with the opportunity to earn additional money 176
through chores or through employment if the child wishes to be 177
employed. 178
(c) The department may adopt rules to implement this 179
subsection. 180
Section 4. Paragraphs (j) and (k) of subsection (2) of 181
section 409.175, Florida Statutes, are amended to read: 182
409.175 Licensure of family foster homes, residential 183
child-caring agencies, and child-placing agencies; public 184
records exemption.— 185
(2) As used in this section, the term: 186
(j) "Personnel" means all owners, operators, employees, 187
and volunteers working in a child-placing agency or residential 188
child-caring agency who may be employed by or do volunteer work 189
for a person, corporation, or agency that holds a license as a 190
child-placing agency or a residential child-caring agency, but 191
the term does not include those who do not work on the premises 192
where child care is furnished and have no direct contact with a 193
child or have no contact with a child outside of the presence of 194
the child's parent or guardian. For purposes of screening, the 195
term includes any member, over the age of 12 years, of the 196
family of the owner or operator or any person other than a 197
client, a child who is found to be dependent as defined in s. 198
39.01, or a child as defined in s. 39.6251(1), over the age of 199
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12 years, residing with the owner or operator if the agency is 200
located in or adjacent to the home of the owner or operator or 201
if the family member of, or person residing with, the owner or 202
operator has any direct contact with the children. Members of 203
the family of the owner or operator, or persons residing with 204
the owner or operator, who are between the ages of 12 years and 205
18 years are not required to be fingerprinted, but must be 206
screened for delinquency records. For purposes of screening, the 207
term also includes owners, operators, employees, and volunteers 208
working in summer day camps, or summer 24-hour camps providing 209
care for children. A volunteer who assists on an intermittent 210
basis for less than 10 hours per month shall not be included in 211
the term "personnel" for the purposes of screening if a person 212
who meets the screening requirement of this section is always 213
present and has the volunteer in his or her line of sight. 214
(k) "Placement screening" means the act of assessing the 215
background of household members in the family foster home and 216
includes, but is not limited to, criminal history records checks 217
as provided in s. 39.0138 using the standards for screening set 218
forth in that section. The term "household member" means a 219
member of the family or a person, other than the child being 220
placed, a child who is found to be dependent as defined in s. 221
39.01, or a child as defined in s. 39.6251(1), over the age of 222
12 years who resides with the owner who operates the family 223
foster home if such family member or person has any direct 224
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contact with the child. Household members who are between the 225
ages of 12 and 18 years are not required to be fingerprinted but 226
must be screened for delinquency records. 227
Section 5. Subsection (13) of section 409.912, Florida 228
Statutes, is amended to read: 229
409.912 Cost-effective purchasing of health care.—The 230
agency shall purchase goods and services for Medicaid recipients 231
in the most cost-effective manner consistent with the delivery 232
of quality medical care. To ensure that medical services are 233
effectively utilized, the agency may, in any case, require a 234
confirmation or second physician's opinion of the correct 235
diagnosis for purposes of authorizing future services under the 236
Medicaid program. This section does not restrict access to 237
emergency services or poststabilization care services as defined 238
in 42 C.F.R. s. 438.114. Such confirmation or second opinion 239
shall be rendered in a manner approved by the agency. The agency 240
shall maximize the use of prepaid per capita and prepaid 241
aggregate fixed-sum basis services when appropriate and other 242
alternative service delivery and reimbursement methodologies, 243
including competitive bidding pursuant to s. 287.057, designed 244
to facilitate the cost-effective purchase of a case-managed 245
continuum of care. The agency shall also require providers to 246
minimize the exposure of recipients to the need for acute 247
inpatient, custodial, and other institutional care and the 248
inappropriate or unnecessary use of high-cost services. The 249
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agency shall contract with a vendor to monitor and evaluate the 250
clinical practice patterns of providers in order to identify 251
trends that are outside the normal practice patterns of a 252
provider's professional peers or the national guidelines of a 253
provider's professional association. The vendor must be able to 254
provide information and counseling to a provider whose practice 255
patterns are outside the norms, in consultation with the agency, 256
to improve patient care and reduce inappropriate utilization. 257
The agency may mandate prior authorization, drug therapy 258
management, or disease management participation for certain 259
populations of Medicaid beneficiaries, certain drug classes, or 260
particular drugs to prevent fraud, abuse, overuse, and possible 261
dangerous drug interactions. The Pharmaceutical and Therapeutics 262
Committee shall make recommendations to the agency on drugs for 263
which prior authorization is required. The agency shall inform 264
the Pharmaceutical and Therapeutics Committee of its decisions 265
regarding drugs subject to prior authorization. The agency is 266
authorized to limit the entities it contracts with or enrolls as 267
Medicaid providers by developing a provider network through 268
provider credentialing. The agency may competitively bid single-269
source-provider contracts if procurement of goods or services 270
results in demonstrated cost savings to the state without 271
limiting access to care. The agency may limit its network based 272
on the assessment of beneficiary access to care, provider 273
availability, provider quality standards, time and distance 274
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standards for access to care, the cultural competence of the 275
provider network, demographic characteristics of Medicaid 276
beneficiaries, practice and provider-to-beneficiary standards, 277
appointment wait times, beneficiary use of services, provider 278
turnover, provider profiling, provider licensure history, 279
previous program integrity investigations and findings, peer 280
review, provider Medicaid policy and billing compliance records, 281
clinical and medical record audits, and other factors. Providers 282
are not entitled to enrollment in the Medicaid provider network. 283
The agency shall determine instances in which allowing Medicaid 284
beneficiaries to purchase durable medical equipment and other 285
goods is less expensive to the Medicaid program than long-term 286
rental of the equipment or goods. The agency may establish rules 287
to facilitate purchases in lieu of long-term rentals in order to 288
protect against fraud and abuse in the Medicaid program as 289
defined in s. 409.913. The agency may seek federal waivers 290
necessary to administer these policies. 291
(13) The agency may not pay for psychotropic medication 292
prescribed for a child in the Medicaid program without the 293
express and informed consent of the child's parent or legal 294
guardian. The physician shall document the consent in the 295
child's medical record and provide a copy of such documentation 296
to the pharmacy with a signed attestation of this documentation 297
with the prescription. The express and informed consent or court 298
authorization for a prescription of psychotropic medication for 299
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a child in the custody of the Department of Children and 300
Families shall be obtained pursuant to s. 39.407. 301
Section 6. This act shall take effect July 1, 2026. 302