Florida Senate - 2010 SB 2334
By Senator Wise
5-00820-10 20102334__
1 A bill to be entitled
2 An act relating to dependency procedures; amending s.
3 39.401, F.S.; prohibiting a child from being taken
4 into custody unless there is an immediate threat to
5 the health or safety of the child or pursuant to a
6 court order that is based on certain findings;
7 amending s. 39.702, F.S.; requiring the establishment
8 of citizen review panels; amending s. 39.809, F.S.;
9 providing for a trial on the issue of terminating
10 parental rights; requiring the court to consider the
11 report and recommendations of a citizen review panel;
12 limiting continuances; providing an exception;
13 providing that hearings or trials involving the
14 termination of parental rights be open to the public;
15 providing an exception; requiring that the report and
16 recommendations of a citizen review panel be attached
17 to a written order relating to a termination of
18 parental rights; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (1) of section 39.401, Florida
23 Statutes, is amended to read:
24 39.401 Taking a child alleged to be dependent into custody;
25 law enforcement officers and authorized agents of the
26 department.—
27 (1) Unless there is an immediate threat to the health or
28 safety of a child, no person, including a law enforcement
29 officer, an authorized person, or any other officer of the court
30 or the state, may take a child may only be taken into custody
31 except pursuant to court order. Such order may be issued only if
32 the court:
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 that:
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. Subsection (1) of section 39.702, Florida
48 Statutes, is 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.
57 Section 3. Section 39.809, Florida Statutes, is amended to
58 read:
59 39.809 Adjudicatory hearing or trial.—
60 (1) In a hearing or trial on a petition for termination of
61 parental rights, the court, assisted by a report and the
62 recommendations of a citizen review panel established under s.
63 39.702, shall consider the elements required for termination.
64 Each of these elements must be established by clear and
65 convincing evidence before the petition is granted.
66 (2) The adjudicatory hearing must be held within 120 45
67 days after the advisory hearing, but reasonable continuances for
68 the purpose of investigation, discovery, or procuring counsel or
69 witnesses may, when necessary, be granted. However,
70 notwithstanding s. 39.0136, continuances may not extend beyond 1
71 year after the advisory hearing unless there are compelling
72 reasons or extraordinary circumstances.
73 (3) The adjudicatory hearing or trial must be conducted by
74 the judge without a jury, applying the rules of evidence in use
75 in civil cases and adjourning the case from time to time as
76 necessary. For purposes of the adjudicatory hearing or trial, to
77 avoid unnecessary duplication of expense, the judge may consider
78 in-court testimony previously given at any properly noticed
79 hearing, without regard to the availability or unavailability of
80 the witness at the time of the actual adjudicatory hearing or
81 trial, if the recorded testimony itself is made available to the
82 judge. Consideration of such testimony does not preclude the
83 witness being subpoenaed to answer supplemental questions.
84 (4) All hearings or trials involving termination of
85 parental rights must be open are confidential and closed to the
86 public, except upon the written motion that the hearing or trial
87 be made confidential and closed which is submitted to the court
88 by the parents or guardian of the child or children who are the
89 subject of the hearing or trial. Hearings or trials involving
90 more than one child may be held simultaneously if when the
91 children involved are related to each other or were involved in
92 the same case. The child and the parents may be examined
93 separately and apart from each other.
94 (5) The judge shall enter a written order with the findings
95 of fact and conclusions of law. The report and recommended order
96 from the citizen review panel must be attached to the written
97 order.
98 Section 4. This act shall take effect July 1, 2010.