Florida Senate - 2009                                    SB 2420
       
       
       
       By Senator Wise
       
       
       
       
       5-00937-09                                            20092420__
    1                        A bill to be entitled                      
    2         An act relating to parental rights; amending s.
    3         39.401, F.S.; providing that a child may be taken into
    4         custody only pursuant to a court order unless there is
    5         an immediate threat to the child's health or safety;
    6         amending s. 39.702, F.S.; requiring citizen review
    7         panels to be established in all judicial circuits;
    8         requiring the recommendations of the panel to be
    9         considered at a hearing or trial on the termination of
   10         parental rights; amending s. 39.809, F.S.; requiring
   11         the court to consider the recommendations of a citizen
   12         review panel when considering the termination of
   13         parental rights; lengthening the number of days
   14         between the advisory hearing and the adjudicatory
   15         hearing; requiring a jury for the adjudicatory hearing
   16         or trial; requiring the hearing or trial to be open to
   17         the public except pursuant to court order; requiring
   18         the recommendations of the citizen review panel to
   19         accompany the court's order; providing an effective
   20         date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (1) of section 39.401, Florida
   25  Statutes, is amended to read:
   26         39.401 Taking a child alleged to be dependent into custody;
   27  law enforcement officers and authorized agents of the
   28  department.—
   29         (1) Except where there is an immediate threat to the health
   30  or safety of a child, a child may not only be taken into custody
   31  except pursuant to a court order issued pursuant to the
   32  provisions of this part and a finding that:
   33         (a)pursuant to the provisions of this part, based upon
   34  sworn testimony, either before or after a petition is filed; or
   35         (b)By a law enforcement officer, or an authorized agent of
   36  the department, if the officer or authorized agent has probable
   37  cause to support a finding:
   38         (a)1.That The child has been abused, neglected, or
   39  abandoned, or is suffering from or is in imminent danger of
   40  illness or injury as a result of abuse, neglect, or abandonment;
   41         (b)2.That The parent or legal custodian of the child has
   42  materially violated a condition of placement imposed by the
   43  court; or
   44         (c)3.That The child has no parent, legal custodian, or
   45  responsible adult relative immediately known and available to
   46  provide supervision and care.
   47         Section 2. Subsections (1) and (4) of section 39.702,
   48  Florida Statutes, are amended to read:
   49         39.702 Citizen review panels.—
   50         (1) Citizen review panels shall may be established in each
   51  judicial circuit and shall be authorized by an administrative
   52  order executed by the chief judge of each circuit. The court
   53  shall administer an oath of office to each citizen review panel
   54  member which authorizes shall authorize the panel member to
   55  participate in citizen review panels and make recommendations to
   56  the court pursuant to the provisions of this section and s.
   57  39.809.
   58         (4) Based on the information provided to each citizen
   59  review panel pursuant to s. 39.701, the each citizen review
   60  panel shall provide the court with a report and recommendations
   61  regarding:
   62         (a) The placement and dispositional alternatives that the
   63  court must shall consider before issuing a judicial review
   64  order.
   65         (b)The parental rights that the court must consider before
   66  terminating such rights.
   67         Section 3. Section 39.809, Florida Statutes, is amended to
   68  read:
   69         39.809 Adjudicatory hearing or trial.—
   70         (1) In a hearing or trial on a petition for termination of
   71  parental rights, the court, with the assistance of the report
   72  and recommendations provided by the citizen review panel under
   73  s. 39.702, shall consider the elements required for termination.
   74  Each of these elements must be established by clear and
   75  convincing evidence before the petition is granted.
   76         (2) The adjudicatory hearing or trial must be held within
   77  90 45 days after the advisory hearing, but reasonable
   78  continuances for the purpose of investigation, discovery, or
   79  procuring counsel or witnesses may, when necessary, be granted.
   80         (3) The adjudicatory hearing or trial must be conducted by
   81  the judge with without a jury, applying the rules of evidence in
   82  use in civil cases and adjourning the case from time to time as
   83  necessary. For purposes of the adjudicatory hearing or trial, to
   84  avoid unnecessary duplication of expense, the jury judge may
   85  consider in-court testimony previously given at any properly
   86  noticed hearing, without regard to the availability or
   87  unavailability of the witness at the time of the actual
   88  adjudicatory hearing or trial, if the recorded testimony itself
   89  is made available to the judge. Consideration of such testimony
   90  does not preclude the witness from being subpoenaed to answer
   91  supplemental questions.
   92         (4) Unless the court approves a written motion filed by the
   93  parent or child who is the subject of the hearing or trial
   94  requesting that the hearing or trial be confidential and closed,
   95  all hearings or trials involving the termination of parental
   96  rights must be open are confidential and closed to the public.
   97  Hearings or trials involving more than one child may be held
   98  simultaneously when the children involved are related to each
   99  other or were involved in the same case. The child and the
  100  parents may be examined separately and apart from each other.
  101         (5) The judge shall enter a written order with the findings
  102  of fact and conclusions of law. The report and recommendations
  103  of the citizen review panel must accompany the court's order.
  104         Section 4. This act shall take effect July 1, 2009.