Florida Senate - 2017                      CS for CS for SB 1044
       
       
        
       By the Committees on Judiciary; and Children, Families, and
       Elder Affairs; and Senators Garcia and Campbell
       
       
       
       
       590-04111-17                                          20171044c2
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.01,
    3         F.S.; defining the term “legal father” and redefining
    4         the term “parent”; amending s. 39.201, F.S.; providing
    5         that central abuse hotline information may be used for
    6         employment screening of residential group home
    7         caregivers; amending s. 39.202, F.S.; providing that
    8         confidential records held by the department concerning
    9         reports of child abandonment, abuse, or neglect,
   10         including reports made to the central abuse hotline
   11         and all records generated as a result of such reports,
   12         may be accessed for employment screening of
   13         residential group home caregivers; changing the time
   14         period for the release of records to certain
   15         individuals; amending s. 39.301, F.S.; requiring a
   16         safety plan to be issued for a perpetrator of domestic
   17         violence only if the perpetrator can be located;
   18         specifying what constitutes reasonable efforts;
   19         requiring that a child new to a family under
   20         investigation be added to the investigation and
   21         assessed for safety; amending s. 39.302, F.S.;
   22         conforming a cross-reference; providing that central
   23         abuse hotline information may be used for certain
   24         employment screenings; amending s. 39.402, F.S.;
   25         requiring a court to inquire as to the identity and
   26         location of a child’s legal father at the shelter
   27         hearing; specifying the types of information that fall
   28         within the scope of such inquiry; amending s. 39.503,
   29         F.S.; requiring a court to conduct under oath the
   30         inquiry to determine the identity or location of an
   31         unknown parent; requiring a court to seek additional
   32         information relating to a father’s identity in such
   33         inquiry; requiring the diligent search to determine a
   34         parent’s or prospective parent’s location to include a
   35         search of the Florida Putative Father Registry;
   36         authorizing the court to order scientific testing to
   37         determine parentage if certain conditions exist;
   38         amending s. 39.504, F.S.; requiring the same judge to
   39         hear a pending dependency proceeding and an injunction
   40         proceeding; providing that the court may enter an
   41         injunction based on specified evidence; amending s.
   42         39.507, F.S.; requiring a court to consider
   43         maltreatment allegations against a parent in an
   44         evidentiary hearing relating to a dependency petition;
   45         amending s. 39.5085, F.S.; revising eligibility
   46         guidelines for the Relative Caregiver Program with
   47         respect to relative and nonrelative caregivers;
   48         amending s. 39.521, F.S.; providing new time
   49         guidelines for filing with the court and providing
   50         copies of case plans and family functioning
   51         assessments; providing for assessment and program
   52         compliance for a parent who caused harm to a child by
   53         exposing the child to a controlled substance;
   54         providing in-home safety plan requirements; providing
   55         requirements for family functioning assessments;
   56         providing supervision requirements after
   57         reunification; amending s. 39.522, F.S.; providing
   58         conditions for returning a child to the home with an
   59         in-home safety plan; amending s. 39.523, F.S.;
   60         providing legislative findings and intent; requiring
   61         children placed in out-of-home care to be assessed to
   62         determine the most appropriate placement; requiring
   63         the placement assessments to be documented in the
   64         Florida Safe Families Network; requiring a court to
   65         review and approve placements; requiring the
   66         Department of Children and Families to post specified
   67         information relating to assessment and placement on
   68         its website and update that information annually on
   69         specified dates; authorizing the department to adopt
   70         rules; creating s. 39.6001, F.S.; requiring the
   71         Department of Children and Families, in partnership
   72         with the Department of Health, the Agency for Health
   73         Care Administration, and other state agencies and
   74         community partners, to develop a strategy for certain
   75         coordinated services; providing for creation of a safe
   76         care plan that addresses the health and substance
   77         abuse disorder treatment needs of a newborn and
   78         affected family or caregivers and provides for the
   79         monitoring of services provided under the plan;
   80         amending s. 39.6011, F.S.; providing requirements for
   81         confidential information in a case planning
   82         conference; providing restrictions; amending s.
   83         39.6012, F.S.; providing for assessment and program
   84         compliance for a parent who caused harm to a child by
   85         exposing the child to a controlled substance; amending
   86         s. 39.6221, F.S.; providing that relocation
   87         requirements for parents in dissolution proceedings do
   88         not apply to certain permanent guardianships; amending
   89         s. 39.701, F.S.; providing safety assessment
   90         requirements for children coming into a home under
   91         court jurisdiction; granting rulemaking authority;
   92         amending s. 39.801, F.S.; providing an exception to
   93         the notice requirement regarding the advisory hearing
   94         for a petition to terminate parental rights; amending
   95         s. 39.803, F.S.; requiring a court to conduct under
   96         oath the inquiry to determine the identity or location
   97         of an unknown parent after the filing of a termination
   98         of parental rights petition; requiring a court to seek
   99         additional information relating to a legal father’s
  100         identity in such inquiry; revising minimum
  101         requirements for the diligent search to determine the
  102         location of a parent or prospective parent;
  103         authorizing the court to order scientific testing to
  104         determine parentage if certain conditions exist;
  105         amending s. 39.806, F.S.; revising circumstances under
  106         which grounds for the termination of parental rights
  107         may be established; amending s. 39.811, F.S.; revising
  108         circumstances under which the rights of one parent may
  109         be terminated without terminating the rights of the
  110         other parent; amending s. 125.901, F.S.; creating an
  111         exception to the requirement that, for an independent
  112         special district in existence on a certain date and
  113         serving a population of a specified size, the
  114         governing body of the county submit the question of
  115         the district’s retention or dissolution to the
  116         electorate in a specified general election; amending
  117         s. 322.051, F.S., requiring that an identification
  118         card for certified unaccompanied homeless youth
  119         include a specified statement; amending s. 395.3025,
  120         F.S.; revising requirements for access to patient
  121         records; amending s. 402.40, F.S.; defining the term
  122         “child welfare trainer”; providing rulemaking
  123         authority; creating s. 409.16741, F.S.; providing
  124         legislative findings and intent; requiring the
  125         Department of Children and Families to develop or
  126         adopt one or more initial screening assessment
  127         instruments to identify and determine the needs of,
  128         and plan services for, substance-exposed newborns and
  129         their families; requiring the department to conduct
  130         certain staffings relating to services for substance
  131         exposed newborns and their families; requiring that
  132         certain local service capacity be assessed; requiring
  133         that child protective investigators receive
  134         specialized training in working with substance-exposed
  135         newborns and their families before they accept such
  136         cases; creating s. 409.16742, F.S.; providing
  137         legislative findings and intent; establishing a shared
  138         family care residential services pilot program for
  139         substance-exposed newborns; amending s. 409.992, F.S.;
  140         limiting compensation from state-appropriated funds
  141         for administrative employees of community-based care
  142         agencies; amending s. 456.057, F.S.; revising
  143         requirements for access to patient records; repealing
  144         s. 409.141, F.S., relating to equitable reimbursement
  145         methodology; repealing s. 409.1677, F.S., relating to
  146         model comprehensive residential services programs;
  147         amending s. 743.067, F.S.; defining the term
  148         “certified unaccompanied homeless youth”; requiring
  149         the Office on Homelessness within the Department of
  150         Children and Families to develop a standardized form
  151         to be used in the certification process; providing
  152         information that must be included in the form;
  153         authorizing a certified unaccompanied homeless youth
  154         to apply at no charge to the Department of Highway
  155         Safety and Motor Vehicles for an identification card;
  156         conforming terminology; amending s. 1009.25, F.S.;
  157         revising the exemption from the payment of tuition and
  158         fees for homeless students; amending ss. 39.524,
  159         394.495, 409.1678, and 960.065, F.S.; conforming
  160         cross-references; amending ss. 409.1679 and 1002.3305,
  161         F.S.; conforming provisions to changes made by the
  162         act; reenacting s. 483.181(2), F.S., relating to
  163         acceptance, collection, identification, and
  164         examination of specimens, to incorporate the amendment
  165         made to s. 456.057, F.S., in a reference thereto;
  166         providing effective dates.
  167          
  168  Be It Enacted by the Legislature of the State of Florida:
  169  
  170         Section 1. Present subsections (35) through (80) of section
  171  39.01, Florida Statutes, are redesignated as subsections (36)
  172  through (81), respectively, a new subsection (35) is added to
  173  that section, and subsections (10) and (32) and present
  174  subsection (49) of that section are amended, to read:
  175         39.01 Definitions.—When used in this chapter, unless the
  176  context otherwise requires:
  177         (10) “Caregiver” means the parent, legal custodian,
  178  permanent guardian, adult household member, or other person
  179  responsible for a child’s welfare as defined in subsection (48)
  180  (47).
  181         (32) “Institutional child abuse or neglect” means
  182  situations of known or suspected child abuse or neglect in which
  183  the person allegedly perpetrating the child abuse or neglect is
  184  an employee of a private school, public or private day care
  185  center, residential home, institution, facility, or agency or
  186  any other person at such institution responsible for the child’s
  187  care as defined in subsection (48) (47).
  188         (35) “Legal father” means a man married to the mother at
  189  the time of conception or birth of their child, unless paternity
  190  has been otherwise determined by a court of competent
  191  jurisdiction. If no man was married to the mother at the time of
  192  birth or conception of the child, the term “legal father” means
  193  a man named on the birth certificate of the child pursuant to s.
  194  382.013(2), a man determined by a court order to be the father
  195  of the child, or a man determined by an administrative
  196  proceeding to be the father of the child.
  197         (50)(49) “Parent” means a woman who gives birth to a child
  198  and a man whose consent to the adoption of the child would be
  199  required under s. 63.062(1). Parent” also means a man married
  200  to the mother at the time of conception or birth of their child,
  201  unless paternity has been otherwise determined by a court of
  202  competent jurisdiction. If no man was married to the mother at
  203  the time of birth or conception of the child, the term “legal
  204  father” means a man named on the birth certificate of the child
  205  pursuant to s. 382.013(2), a man determined by court order to be
  206  the father of the child, or a man determined by an
  207  administrative proceeding to be the father of the child. If a
  208  child has been legally adopted, the term “parent” means the
  209  adoptive mother or father of the child. For purposes of this
  210  chapter only, when the phrase “parent or legal custodian” is
  211  used, it refers to rights or responsibilities of the parent and,
  212  only if there is no living parent with intact parental rights,
  213  to the rights or responsibilities of the legal custodian who has
  214  assumed the role of the parent. The term does not include an
  215  individual whose parental relationship to the child has been
  216  legally terminated, or an alleged or prospective parent, unless:
  217         (a) The parental status falls within the terms of s.
  218  39.503(1) or s. 63.062(1); or
  219         (b) Parental status is applied for the purpose of
  220  determining whether the child has been abandoned.
  221         Section 2. Subsection (6) of section 39.201, Florida
  222  Statutes, is amended to read:
  223         39.201 Mandatory reports of child abuse, abandonment, or
  224  neglect; mandatory reports of death; central abuse hotline.—
  225         (6) Information in the central abuse hotline may not be
  226  used for employment screening, except as provided in s.
  227  39.202(2)(a) and (h) or s. 402.302(15). Information in the
  228  central abuse hotline and the department’s automated abuse
  229  information system may be used by the department, its authorized
  230  agents or contract providers, the Department of Health, or
  231  county agencies as part of the licensure or registration process
  232  pursuant to ss. 402.301-402.319 and ss. 409.175-409.176.
  233  Pursuant to s. 39.202(2)(q), the information in the central
  234  abuse hotline may also be used by the Department of Education
  235  for purposes of educator certification discipline and review.
  236  Additionally, in accordance with s. 409.145(2)(e), the
  237  information in the central abuse hotline may be used for
  238  employment screening for caregivers at residential group homes.
  239         Section 3. Paragraphs (a), (d), and (e) of subsection (2)
  240  of section 39.202, Florida Statutes, are amended to read:
  241         39.202 Confidentiality of reports and records in cases of
  242  child abuse or neglect.—
  243         (2) Except as provided in subsection (4), access to such
  244  records, excluding the name of the reporter which shall be
  245  released only as provided in subsection (5), shall be granted
  246  only to the following persons, officials, and agencies:
  247         (a) Employees, authorized agents, or contract providers of
  248  the department, the Department of Health, the Agency for Persons
  249  with Disabilities, the Office of Early Learning, or county
  250  agencies responsible for carrying out:
  251         1. Child or adult protective investigations;
  252         2. Ongoing child or adult protective services;
  253         3. Early intervention and prevention services;
  254         4. Healthy Start services;
  255         5. Licensure or approval of adoptive homes, foster homes,
  256  child care facilities, facilities licensed under chapter 393,
  257  family day care homes, providers who receive school readiness
  258  funding under part VI of chapter 1002, or other homes used to
  259  provide for the care and welfare of children; or
  260         6.Employment screening for caregivers in residential group
  261  homes; or
  262         7.6. Services for victims of domestic violence when
  263  provided by certified domestic violence centers working at the
  264  department’s request as case consultants or with shared clients.
  265  
  266  Also, employees or agents of the Department of Juvenile Justice
  267  responsible for the provision of services to children, pursuant
  268  to chapters 984 and 985.
  269         (d) The parent or legal custodian of any child who is
  270  alleged to have been abused, abandoned, or neglected, and the
  271  child, and their attorneys, including any attorney representing
  272  a child in civil or criminal proceedings. This access shall be
  273  made available no later than 60 30 days after the department
  274  receives the initial report of abuse, neglect, or abandonment.
  275  However, any information otherwise made confidential or exempt
  276  by law shall not be released pursuant to this paragraph.
  277         (e) Any person alleged in the report as having caused the
  278  abuse, abandonment, or neglect of a child. This access shall be
  279  made available no later than 60 30 days after the department
  280  receives the initial report of abuse, abandonment, or neglect
  281  and, when the alleged perpetrator is not a parent, shall be
  282  limited to information involving the protective investigation
  283  only and shall not include any information relating to
  284  subsequent dependency proceedings. However, any information
  285  otherwise made confidential or exempt by law shall not be
  286  released pursuant to this paragraph.
  287         Section 4. Paragraph (a) of subsection (9) of section
  288  39.301, Florida Statutes, is amended, and subsection (23) is
  289  added to that section, to read:
  290         39.301 Initiation of protective investigations.—
  291         (9)(a) For each report received from the central abuse
  292  hotline and accepted for investigation, the department or the
  293  sheriff providing child protective investigative services under
  294  s. 39.3065, shall perform the following child protective
  295  investigation activities to determine child safety:
  296         1. Conduct a review of all relevant, available information
  297  specific to the child and family and alleged maltreatment;
  298  family child welfare history; local, state, and federal criminal
  299  records checks; and requests for law enforcement assistance
  300  provided by the abuse hotline. Based on a review of available
  301  information, including the allegations in the current report, a
  302  determination shall be made as to whether immediate consultation
  303  should occur with law enforcement, the child protection team, a
  304  domestic violence shelter or advocate, or a substance abuse or
  305  mental health professional. Such consultations should include
  306  discussion as to whether a joint response is necessary and
  307  feasible. A determination shall be made as to whether the person
  308  making the report should be contacted before the face-to-face
  309  interviews with the child and family members.
  310         2. Conduct face-to-face interviews with the child; other
  311  siblings, if any; and the parents, legal custodians, or
  312  caregivers.
  313         3. Assess the child’s residence, including a determination
  314  of the composition of the family and household, including the
  315  name, address, date of birth, social security number, sex, and
  316  race of each child named in the report; any siblings or other
  317  children in the same household or in the care of the same
  318  adults; the parents, legal custodians, or caregivers; and any
  319  other adults in the same household.
  320         4. Determine whether there is any indication that any child
  321  in the family or household has been abused, abandoned, or
  322  neglected; the nature and extent of present or prior injuries,
  323  abuse, or neglect, and any evidence thereof; and a determination
  324  as to the person or persons apparently responsible for the
  325  abuse, abandonment, or neglect, including the name, address,
  326  date of birth, social security number, sex, and race of each
  327  such person.
  328         5. Complete assessment of immediate child safety for each
  329  child based on available records, interviews, and observations
  330  with all persons named in subparagraph 2. and appropriate
  331  collateral contacts, which may include other professionals. The
  332  department’s child protection investigators are hereby
  333  designated a criminal justice agency for the purpose of
  334  accessing criminal justice information to be used for enforcing
  335  this state’s laws concerning the crimes of child abuse,
  336  abandonment, and neglect. This information shall be used solely
  337  for purposes supporting the detection, apprehension,
  338  prosecution, pretrial release, posttrial release, or
  339  rehabilitation of criminal offenders or persons accused of the
  340  crimes of child abuse, abandonment, or neglect and may not be
  341  further disseminated or used for any other purpose.
  342         6. Document the present and impending dangers to each child
  343  based on the identification of inadequate protective capacity
  344  through utilization of a standardized safety assessment
  345  instrument. If present or impending danger is identified, the
  346  child protective investigator must implement a safety plan or
  347  take the child into custody. If present danger is identified and
  348  the child is not removed, the child protective investigator
  349  shall create and implement a safety plan before leaving the home
  350  or the location where there is present danger. If impending
  351  danger is identified, the child protective investigator shall
  352  create and implement a safety plan as soon as necessary to
  353  protect the safety of the child. The child protective
  354  investigator may modify the safety plan if he or she identifies
  355  additional impending danger.
  356         a. If the child protective investigator implements a safety
  357  plan, the plan must be specific, sufficient, feasible, and
  358  sustainable in response to the realities of the present or
  359  impending danger. A safety plan may be an in-home plan or an
  360  out-of-home plan, or a combination of both. A safety plan may
  361  include tasks or responsibilities for a parent, caregiver, or
  362  legal custodian. However, a safety plan may not rely on
  363  promissory commitments by the parent, caregiver, or legal
  364  custodian who is currently not able to protect the child or on
  365  services that are not available or will not result in the safety
  366  of the child. A safety plan may not be implemented if for any
  367  reason the parents, guardian, or legal custodian lacks the
  368  capacity or ability to comply with the plan. If the department
  369  is not able to develop a plan that is specific, sufficient,
  370  feasible, and sustainable, the department shall file a shelter
  371  petition. A child protective investigator shall implement
  372  separate safety plans for the perpetrator of domestic violence,
  373  if the investigator, using reasonable efforts, is able to locate
  374  the perpetrator to implement a safety plan, and for the parent
  375  who is a victim of domestic violence as defined in s. 741.28.
  376  Reasonable efforts to locate a perpetrator include, but are not
  377  limited to, a diligent search pursuant to the same requirements
  378  as in s. 39.503. If the perpetrator of domestic violence is not
  379  the parent, guardian, or legal custodian of any child in the
  380  home and if the department does not intend to file a shelter
  381  petition or dependency petition that will assert allegations
  382  against the perpetrator as a parent of a child in the home the
  383  child, the child protective investigator shall seek issuance of
  384  an injunction authorized by s. 39.504 to implement a safety plan
  385  for the perpetrator and impose any other conditions to protect
  386  the child. The safety plan for the parent who is a victim of
  387  domestic violence may not be shared with the perpetrator. If any
  388  party to a safety plan fails to comply with the safety plan
  389  resulting in the child being unsafe, the department shall file a
  390  shelter petition.
  391         b. The child protective investigator shall collaborate with
  392  the community-based care lead agency in the development of the
  393  safety plan as necessary to ensure that the safety plan is
  394  specific, sufficient, feasible, and sustainable. The child
  395  protective investigator shall identify services necessary for
  396  the successful implementation of the safety plan. The child
  397  protective investigator and the community-based care lead agency
  398  shall mobilize service resources to assist all parties in
  399  complying with the safety plan. The community-based care lead
  400  agency shall prioritize safety plan services to families who
  401  have multiple risk factors, including, but not limited to, two
  402  or more of the following:
  403         (I) The parent or legal custodian is of young age;
  404         (II) The parent or legal custodian, or an adult currently
  405  living in or frequently visiting the home, has a history of
  406  substance abuse, mental illness, or domestic violence;
  407         (III) The parent or legal custodian, or an adult currently
  408  living in or frequently visiting the home, has been previously
  409  found to have physically or sexually abused a child;
  410         (IV) The parent or legal custodian or an adult currently
  411  living in or frequently visiting the home has been the subject
  412  of multiple allegations by reputable reports of abuse or
  413  neglect;
  414         (V) The child is physically or developmentally disabled; or
  415         (VI) The child is 3 years of age or younger.
  416         c. The child protective investigator shall monitor the
  417  implementation of the plan to ensure the child’s safety until
  418  the case is transferred to the lead agency at which time the
  419  lead agency shall monitor the implementation.
  420         (23) If, at any time during a child protective
  421  investigation, a child is born into a family under investigation
  422  or a child moves into the home under investigation, the child
  423  protective investigator shall add the child to the investigation
  424  and assess the child’s safety pursuant to subsection (7) and
  425  paragraph (9)(a).
  426         Section 5. Subsections (1) and (7) of section 39.302,
  427  Florida Statutes, are amended to read:
  428         39.302 Protective investigations of institutional child
  429  abuse, abandonment, or neglect.—
  430         (1) The department shall conduct a child protective
  431  investigation of each report of institutional child abuse,
  432  abandonment, or neglect. Upon receipt of a report that alleges
  433  that an employee or agent of the department, or any other entity
  434  or person covered by s. 39.01(32) or (48) s. 39.01(32) or (47),
  435  acting in an official capacity, has committed an act of child
  436  abuse, abandonment, or neglect, the department shall initiate a
  437  child protective investigation within the timeframe established
  438  under s. 39.201(5) and notify the appropriate state attorney,
  439  law enforcement agency, and licensing agency, which shall
  440  immediately conduct a joint investigation, unless independent
  441  investigations are more feasible. When conducting investigations
  442  or having face-to-face interviews with the child, investigation
  443  visits shall be unannounced unless it is determined by the
  444  department or its agent that unannounced visits threaten the
  445  safety of the child. If a facility is exempt from licensing, the
  446  department shall inform the owner or operator of the facility of
  447  the report. Each agency conducting a joint investigation is
  448  entitled to full access to the information gathered by the
  449  department in the course of the investigation. A protective
  450  investigation must include an interview with the child’s parent
  451  or legal guardian. The department shall make a full written
  452  report to the state attorney within 3 working days after making
  453  the oral report. A criminal investigation shall be coordinated,
  454  whenever possible, with the child protective investigation of
  455  the department. Any interested person who has information
  456  regarding the offenses described in this subsection may forward
  457  a statement to the state attorney as to whether prosecution is
  458  warranted and appropriate. Within 15 days after the completion
  459  of the investigation, the state attorney shall report the
  460  findings to the department and shall include in the report a
  461  determination of whether or not prosecution is justified and
  462  appropriate in view of the circumstances of the specific case.
  463         (7) When an investigation of institutional abuse, neglect,
  464  or abandonment is closed and a person is not identified as a
  465  caregiver responsible for the abuse, neglect, or abandonment
  466  alleged in the report, the fact that the person is named in some
  467  capacity in the report may not be used in any way to adversely
  468  affect the interests of that person. This prohibition applies to
  469  any use of the information in employment screening, licensing,
  470  child placement, adoption, or any other decisions by a private
  471  adoption agency or a state agency or its contracted providers.
  472         (a)However, if such a person is a licensee of the
  473  department and is named in any capacity in three or more reports
  474  within a 5-year period, the department may review those reports
  475  and determine whether the information contained in the reports
  476  is relevant for purposes of determining whether the person’s
  477  license should be renewed or revoked. If the information is
  478  relevant to the decision to renew or revoke the license, the
  479  department may rely on the information contained in the report
  480  in making that decision.
  481         (b)Likewise, if a person is employed as a caregiver in a
  482  residential group home licensed pursuant to s. 409.175 and is
  483  named in any capacity in three or more reports within a 5-year
  484  period, all reports may be reviewed for the purposes of the
  485  employment screening required pursuant to s. 409.145(2)(e).
  486         Section 6. Paragraph (c) of subsection (8) of section
  487  39.402, Florida Statutes, is amended to read:
  488         39.402 Placement in a shelter.—
  489         (8)
  490         (c) At the shelter hearing, the court shall:
  491         1. Appoint a guardian ad litem to represent the best
  492  interest of the child, unless the court finds that such
  493  representation is unnecessary;
  494         2. Inform the parents or legal custodians of their right to
  495  counsel to represent them at the shelter hearing and at each
  496  subsequent hearing or proceeding, and the right of the parents
  497  to appointed counsel, pursuant to the procedures set forth in s.
  498  39.013; and
  499         3. Give the parents or legal custodians an opportunity to
  500  be heard and to present evidence; and
  501         4.Inquire of those present at the shelter hearing as to
  502  the identity and location of the legal father. In determining
  503  who the legal father of the child may be, the court shall
  504  inquire under oath of those present at the shelter hearing
  505  whether they have any of the following information:
  506         a. Whether the mother of the child was married at the
  507  probable time of conception of the child or at the time of birth
  508  of the child.
  509         b. Whether the mother was cohabiting with a male at the
  510  probable time of conception of the child.
  511         c. Whether the mother has received payments or promises of
  512  support with respect to the child or because of her pregnancy
  513  from a man who claims to be the father.
  514         d. Whether the mother has named any man as the father on
  515  the birth certificate of the child or in connection with
  516  applying for or receiving public assistance.
  517         e. Whether any man has acknowledged or claimed paternity of
  518  the child in a jurisdiction in which the mother resided at the
  519  time of or since conception of the child or in which the child
  520  has resided or resides.
  521         f. Whether a man is named on the birth certificate of the
  522  child pursuant to s. 382.013(2).
  523         g. Whether a man has been determined by a court order to be
  524  the father of the child.
  525         h. Whether a man has been determined by an administrative
  526  proceeding to be the father of the child.
  527         Section 7. Subsections (1), (6), and (8) of section 39.503,
  528  Florida Statutes, are amended, subsection (9) is added to that
  529  section, and subsection (7) of that section is republished, to
  530  read:
  531         39.503 Identity or location of parent unknown; special
  532  procedures.—
  533         (1) If the identity or location of a parent is unknown and
  534  a petition for dependency or shelter is filed, the court shall
  535  conduct under oath the following inquiry of the parent or legal
  536  custodian who is available, or, if no parent or legal custodian
  537  is available, of any relative or custodian of the child who is
  538  present at the hearing and likely to have any of the following
  539  information:
  540         (a) Whether the mother of the child was married at the
  541  probable time of conception of the child or at the time of birth
  542  of the child.
  543         (b) Whether the mother was cohabiting with a male at the
  544  probable time of conception of the child.
  545         (c) Whether the mother has received payments or promises of
  546  support with respect to the child or because of her pregnancy
  547  from a man who claims to be the father.
  548         (d) Whether the mother has named any man as the father on
  549  the birth certificate of the child or in connection with
  550  applying for or receiving public assistance.
  551         (e) Whether any man has acknowledged or claimed paternity
  552  of the child in a jurisdiction in which the mother resided at
  553  the time of or since conception of the child, or in which the
  554  child has resided or resides.
  555         (f) Whether a man is named on the birth certificate of the
  556  child pursuant to s. 382.013(2).
  557         (g) Whether a man has been determined by a court order to
  558  be the father of the child.
  559         (h) Whether a man has been determined by an administrative
  560  proceeding to be the father of the child.
  561         (6) The diligent search required by subsection (5) must
  562  include, at a minimum, inquiries of all relatives of the parent
  563  or prospective parent made known to the petitioner, inquiries of
  564  all offices of program areas of the department likely to have
  565  information about the parent or prospective parent, inquiries of
  566  other state and federal agencies likely to have information
  567  about the parent or prospective parent, inquiries of appropriate
  568  utility and postal providers, a thorough search of at least one
  569  electronic database specifically designed for locating persons,
  570  a search of the Florida Putative Father Registry, and inquiries
  571  of appropriate law enforcement agencies. Pursuant to s. 453 of
  572  the Social Security Act, 42 U.S.C. s. 653(c)(4), the department,
  573  as the state agency administering Titles IV-B and IV-E of the
  574  act, shall be provided access to the federal and state parent
  575  locator service for diligent search activities.
  576         (7) Any agency contacted by a petitioner with a request for
  577  information pursuant to subsection (6) shall release the
  578  requested information to the petitioner without the necessity of
  579  a subpoena or court order.
  580         (8) If the inquiry and diligent search identifies a
  581  prospective parent, that person must be given the opportunity to
  582  become a party to the proceedings by completing a sworn
  583  affidavit of parenthood and filing it with the court or the
  584  department. A prospective parent who files a sworn affidavit of
  585  parenthood while the child is a dependent child but no later
  586  than at the time of or before prior to the adjudicatory hearing
  587  in any termination of parental rights proceeding for the child
  588  shall be considered a parent for all purposes under this section
  589  unless the other parent contests the determination of
  590  parenthood. If the prospective parent does not file a sworn
  591  affidavit of parenthood or if the other parent contests the
  592  determination of parenthood, the court may, after considering
  593  the best interest of the child, order scientific testing to
  594  determine the maternity or paternity of the child. The court
  595  shall assess the cost of the maternity or paternity
  596  determination as a cost of litigation. If the court finds the
  597  prospective parent to be a parent as a result of the scientific
  598  testing, the court shall enter a judgment of maternity or
  599  paternity, shall assess the cost of the scientific testing to
  600  the parent, and shall enter an amount of child support to be
  601  paid by the parent as determined under s. 61.30. If the known
  602  parent contests the recognition of the prospective parent as a
  603  parent, the prospective parent shall not be recognized as a
  604  parent until proceedings to determine maternity or paternity
  605  under chapter 742 have been concluded. However, the prospective
  606  parent shall continue to receive notice of hearings as a
  607  participant until pending results of the chapter 742 proceedings
  608  to determine maternity or paternity have been concluded.
  609         (9) If the diligent search under subsection (5) fails to
  610  identify and locate a prospective parent, the court shall so
  611  find and may proceed without further notice.
  612         Section 8. Section 39.504, Florida Statutes, is amended to
  613  read:
  614         39.504 Injunction pending disposition of petition;
  615  penalty.—
  616         (1) At any time after a protective investigation has been
  617  initiated pursuant to part III of this chapter, the court, upon
  618  the request of the department, a law enforcement officer, the
  619  state attorney, or other responsible person, or upon its own
  620  motion, may, if there is reasonable cause, issue an injunction
  621  to prevent any act of child abuse. Reasonable cause for the
  622  issuance of an injunction exists if there is evidence of child
  623  abuse or if there is a reasonable likelihood of such abuse
  624  occurring based upon a recent overt act or failure to act. If
  625  there is a pending dependency proceeding regarding the child
  626  whom the injunction is sought to protect, the judge hearing the
  627  dependency proceeding must also hear the injunction proceeding
  628  regarding the child.
  629         (2) The petitioner seeking the injunction shall file a
  630  verified petition, or a petition along with an affidavit,
  631  setting forth the specific actions by the alleged offender from
  632  which the child must be protected and all remedies sought. Upon
  633  filing the petition, the court shall set a hearing to be held at
  634  the earliest possible time. Pending the hearing, the court may
  635  issue a temporary ex parte injunction, with verified pleadings
  636  or affidavits as evidence. The temporary ex parte injunction
  637  pending a hearing is effective for up to 15 days and the hearing
  638  must be held within that period unless continued for good cause
  639  shown, which may include obtaining service of process, in which
  640  case the temporary ex parte injunction shall be extended for the
  641  continuance period. The hearing may be held sooner if the
  642  alleged offender has received reasonable notice.
  643         (3) Before the hearing, the alleged offender must be
  644  personally served with a copy of the petition, all other
  645  pleadings related to the petition, a notice of hearing, and, if
  646  one has been entered, the temporary injunction. If the
  647  petitioner is unable to locate the alleged offender for service
  648  after a diligent search pursuant to the same requirements as in
  649  s. 39.503 and the filing of an affidavit of diligent search, the
  650  court may enter the injunction based on the sworn petition and
  651  any affidavits. At the hearing, the court may base its
  652  determination on a sworn petition, testimony, or an affidavit
  653  and may hear all relevant and material evidence, including oral
  654  and written reports, to the extent of its probative value even
  655  though it would not be competent evidence at an adjudicatory
  656  hearing. Following the hearing, the court may enter a final
  657  injunction. The court may grant a continuance of the hearing at
  658  any time for good cause shown by any party. If a temporary
  659  injunction has been entered, it shall be continued during the
  660  continuance.
  661         (4) If an injunction is issued under this section, the
  662  primary purpose of the injunction must be to protect and promote
  663  the best interests of the child, taking the preservation of the
  664  child’s immediate family into consideration.
  665         (a) The injunction applies to the alleged or actual
  666  offender in a case of child abuse or acts of domestic violence.
  667  The conditions of the injunction shall be determined by the
  668  court, which may include ordering the alleged or actual offender
  669  to:
  670         1. Refrain from further abuse or acts of domestic violence.
  671         2. Participate in a specialized treatment program.
  672         3. Limit contact or communication with the child victim,
  673  other children in the home, or any other child.
  674         4. Refrain from contacting the child at home, school, work,
  675  or wherever the child may be found.
  676         5. Have limited or supervised visitation with the child.
  677         6. Vacate the home in which the child resides.
  678         7. Comply with the terms of a safety plan implemented in
  679  the injunction pursuant to s. 39.301.
  680         (b) Upon proper pleading, the court may award the following
  681  relief in a temporary ex parte or final injunction:
  682         1. Exclusive use and possession of the dwelling to the
  683  caregiver or exclusion of the alleged or actual offender from
  684  the residence of the caregiver.
  685         2. Temporary support for the child or other family members.
  686         3. The costs of medical, psychiatric, and psychological
  687  treatment for the child incurred due to the abuse, and similar
  688  costs for other family members.
  689  
  690  This paragraph does not preclude an adult victim of domestic
  691  violence from seeking protection for himself or herself under s.
  692  741.30.
  693         (c) The terms of the final injunction shall remain in
  694  effect until modified or dissolved by the court. The petitioner,
  695  respondent, or caregiver may move at any time to modify or
  696  dissolve the injunction. Notice of hearing on the motion to
  697  modify or dissolve the injunction must be provided to all
  698  parties, including the department. The injunction is valid and
  699  enforceable in all counties in the state.
  700         (5) Service of process on the respondent shall be carried
  701  out pursuant to s. 741.30. The department shall deliver a copy
  702  of any injunction issued pursuant to this section to the
  703  protected party or to a parent, caregiver, or individual acting
  704  in the place of a parent who is not the respondent. Law
  705  enforcement officers may exercise their arrest powers as
  706  provided in s. 901.15(6) to enforce the terms of the injunction.
  707         (6) Any person who fails to comply with an injunction
  708  issued pursuant to this section commits a misdemeanor of the
  709  first degree, punishable as provided in s. 775.082 or s.
  710  775.083.
  711         (7) The person against whom an injunction is entered under
  712  this section does not automatically become a party to a
  713  subsequent dependency action concerning the same child.
  714         Section 9. Paragraph (b) of subsection (7) of section
  715  39.507, Florida Statutes, is amended to read:
  716         39.507 Adjudicatory hearings; orders of adjudication.—
  717         (7)
  718         (b) However, the court must determine whether each parent
  719  or legal custodian identified in the case abused, abandoned, or
  720  neglected the child or engaged in conduct that placed the child
  721  at substantial risk of imminent abuse, abandonment, or neglect
  722  in a subsequent evidentiary hearing. If a second parent is
  723  served and brought into the proceeding after the adjudication,
  724  and an the evidentiary hearing for the second parent is
  725  conducted subsequent to the adjudication of the child, the court
  726  shall supplement the adjudicatory order, disposition order, and
  727  the case plan, as necessary. The petitioner is not required to
  728  prove actual harm or actual abuse by the second parent in order
  729  for the court to make supplemental findings regarding the
  730  conduct of the second parent. The court is not required to
  731  conduct an evidentiary hearing for the second parent in order to
  732  supplement the adjudicatory order, the disposition order, and
  733  the case plan if the requirements of s. 39.506(3) or (5) are
  734  satisfied. With the exception of proceedings pursuant to s.
  735  39.811, the child’s dependency status may not be retried or
  736  readjudicated.
  737         Section 10. Paragraph (a) of subsection (2) of section
  738  39.5085, Florida Statutes, is amended to read:
  739         39.5085 Relative Caregiver Program.—
  740         (2)(a) The Department of Children and Families shall
  741  establish, and operate, and implement the Relative Caregiver
  742  Program pursuant to eligibility guidelines established in this
  743  section as further implemented by rule of the department. The
  744  Relative Caregiver Program shall, within the limits of available
  745  funding, provide financial assistance to:
  746         1. Relatives who are within the fifth degree by blood or
  747  marriage to the parent or stepparent of a child and who are
  748  caring full-time for that dependent child in the role of
  749  substitute parent as a result of a court’s determination of
  750  child abuse, neglect, or abandonment and subsequent placement
  751  with the relative under this chapter.
  752         2. Relatives who are within the fifth degree by blood or
  753  marriage to the parent or stepparent of a child and who are
  754  caring full-time for that dependent child, and a dependent half
  755  brother or half-sister of that dependent child, in the role of
  756  substitute parent as a result of a court’s determination of
  757  child abuse, neglect, or abandonment and subsequent placement
  758  with the relative under this chapter.
  759         3. Nonrelatives who are willing to assume custody and care
  760  of a dependent child in the role of substitute parent as a
  761  result of a court’s determination of child abuse, neglect, or
  762  abandonment and subsequent placement with the nonrelative
  763  caregiver under this chapter. The court must find that a
  764  proposed placement under this subparagraph is in the best
  765  interest of the child.
  766         4.The relative or nonrelative caregiver may not receive a
  767  Relative Caregiver Program payment if the parent or stepparent
  768  of the child resides in the home. However, a relative or
  769  nonrelative may receive the Relative Caregiver Program payment
  770  for a minor parent who is in his or her care, as well as for the
  771  minor parent’s child, if both children have been adjudicated
  772  dependent and meet all other eligibility requirements. If the
  773  caregiver is currently receiving the payment, the Relative
  774  Caregiver Program payment must be terminated no later than the
  775  first of the following month after the parent or stepparent
  776  moves into the home, allowing for 10-day notice of adverse
  777  action.
  778  
  779  The placement may be court-ordered temporary legal custody to
  780  the relative or nonrelative under protective supervision of the
  781  department pursuant to s. 39.521(1)(c)3. s. 39.521(1)(b)3., or
  782  court-ordered placement in the home of a relative or nonrelative
  783  as a permanency option under s. 39.6221 or s. 39.6231 or under
  784  former s. 39.622 if the placement was made before July 1, 2006.
  785  The Relative Caregiver Program shall offer financial assistance
  786  to caregivers who would be unable to serve in that capacity
  787  without the caregiver payment because of financial burden, thus
  788  exposing the child to the trauma of placement in a shelter or in
  789  foster care.
  790         Section 11. Subsections (1), (2), (6), and (7) of section
  791  39.521, Florida Statutes, are amended to read:
  792         39.521 Disposition hearings; powers of disposition.—
  793         (1) A disposition hearing shall be conducted by the court,
  794  if the court finds that the facts alleged in the petition for
  795  dependency were proven in the adjudicatory hearing, or if the
  796  parents or legal custodians have consented to the finding of
  797  dependency or admitted the allegations in the petition, have
  798  failed to appear for the arraignment hearing after proper
  799  notice, or have not been located despite a diligent search
  800  having been conducted.
  801         (a) A written case plan and a family functioning assessment
  802  predisposition study prepared by an authorized agent of the
  803  department must be approved by filed with the court. The
  804  department must file the case plan and the family functioning
  805  assessment with the court, serve a copy of the case plan on,
  806  served upon the parents of the child, and provide a copy of the
  807  case plan provided to the representative of the guardian ad
  808  litem program, if the program has been appointed, and provide a
  809  copy provided to all other parties:
  810         1. Not less than 72 hours before the disposition hearing,
  811  if the disposition hearing occurs on or after the 60th day after
  812  the child was placed in out-of-home care. All such case plans
  813  must be approved by the court.
  814         2. Not less than 72 hours before the case plan acceptance
  815  hearing, if the disposition hearing occurs before the 60th day
  816  after the date the child was placed in out-of-home care and a
  817  case plan has not been submitted pursuant to this paragraph, or
  818  if the court does not approve the case plan at the disposition
  819  hearing., The case plan acceptance hearing must occur the court
  820  must set a hearing within 30 days after the disposition hearing
  821  to review and approve the case plan.
  822         (b) The court may grant an exception to the requirement for
  823  a family functioning assessment predisposition study by separate
  824  order or within the judge’s order of disposition upon finding
  825  that all the family and child information required by subsection
  826  (2) is available in other documents filed with the court.
  827         (c)(b) When any child is adjudicated by a court to be
  828  dependent, the court having jurisdiction of the child has the
  829  power by order to:
  830         1. Require the parent and, when appropriate, the legal
  831  custodian and the child to participate in treatment and services
  832  identified as necessary. The court may require the person who
  833  has custody or who is requesting custody of the child to submit
  834  to a mental health or substance abuse disorder assessment or
  835  evaluation. The order may be made only upon good cause shown and
  836  pursuant to notice and procedural requirements provided under
  837  the Florida Rules of Juvenile Procedure. The mental health
  838  assessment or evaluation must be administered by a qualified
  839  professional as defined in s. 39.01, and the substance abuse
  840  assessment or evaluation must be administered by a qualified
  841  professional as defined in s. 397.311. The court may also
  842  require such person to participate in and comply with treatment
  843  and services identified as necessary, including, when
  844  appropriate and available, participation in and compliance with
  845  a mental health court program established under chapter 394 or a
  846  treatment-based drug court program established under s. 397.334.
  847  Adjudication of a child as dependent based upon evidence of harm
  848  as defined in s. 39.01(30)(g) demonstrates good cause, and the
  849  court shall require the parent whose actions caused the harm to
  850  submit to a substance abuse disorder assessment or evaluation
  851  and to participate and comply with treatment and services
  852  identified in the assessment or evaluation as being necessary.
  853  In addition to supervision by the department, the court,
  854  including the mental health court program or the treatment-based
  855  drug court program, may oversee the progress and compliance with
  856  treatment by a person who has custody or is requesting custody
  857  of the child. The court may impose appropriate available
  858  sanctions for noncompliance upon a person who has custody or is
  859  requesting custody of the child or make a finding of
  860  noncompliance for consideration in determining whether an
  861  alternative placement of the child is in the child’s best
  862  interests. Any order entered under this subparagraph may be made
  863  only upon good cause shown. This subparagraph does not authorize
  864  placement of a child with a person seeking custody of the child,
  865  other than the child’s parent or legal custodian, who requires
  866  mental health or substance abuse disorder treatment.
  867         2. Require, if the court deems necessary, the parties to
  868  participate in dependency mediation.
  869         3. Require placement of the child either under the
  870  protective supervision of an authorized agent of the department
  871  in the home of one or both of the child’s parents or in the home
  872  of a relative of the child or another adult approved by the
  873  court, or in the custody of the department. Protective
  874  supervision continues until the court terminates it or until the
  875  child reaches the age of 18, whichever date is first. Protective
  876  supervision shall be terminated by the court whenever the court
  877  determines that permanency has been achieved for the child,
  878  whether with a parent, another relative, or a legal custodian,
  879  and that protective supervision is no longer needed. The
  880  termination of supervision may be with or without retaining
  881  jurisdiction, at the court’s discretion, and shall in either
  882  case be considered a permanency option for the child. The order
  883  terminating supervision by the department must set forth the
  884  powers of the custodian of the child and include the powers
  885  ordinarily granted to a guardian of the person of a minor unless
  886  otherwise specified. Upon the court’s termination of supervision
  887  by the department, further judicial reviews are not required if
  888  permanency has been established for the child.
  889         (d)(c) At the conclusion of the disposition hearing, the
  890  court shall schedule the initial judicial review hearing which
  891  must be held no later than 90 days after the date of the
  892  disposition hearing or after the date of the hearing at which
  893  the court approves the case plan, whichever occurs earlier, but
  894  in no event shall the review hearing be held later than 6 months
  895  after the date of the child’s removal from the home.
  896         (e)(d) The court shall, in its written order of
  897  disposition, include all of the following:
  898         1. The placement or custody of the child.
  899         2. Special conditions of placement and visitation.
  900         3. Evaluation, counseling, treatment activities, and other
  901  actions to be taken by the parties, if ordered.
  902         4. The persons or entities responsible for supervising or
  903  monitoring services to the child and parent.
  904         5. Continuation or discharge of the guardian ad litem, as
  905  appropriate.
  906         6. The date, time, and location of the next scheduled
  907  review hearing, which must occur within the earlier of:
  908         a. Ninety days after the disposition hearing;
  909         b. Ninety days after the court accepts the case plan;
  910         c. Six months after the date of the last review hearing; or
  911         d. Six months after the date of the child’s removal from
  912  his or her home, if no review hearing has been held since the
  913  child’s removal from the home.
  914         7. If the child is in an out-of-home placement, child
  915  support to be paid by the parents, or the guardian of the
  916  child’s estate if possessed of assets which under law may be
  917  disbursed for the care, support, and maintenance of the child.
  918  The court may exercise jurisdiction over all child support
  919  matters, shall adjudicate the financial obligation, including
  920  health insurance, of the child’s parents or guardian, and shall
  921  enforce the financial obligation as provided in chapter 61. The
  922  state’s child support enforcement agency shall enforce child
  923  support orders under this section in the same manner as child
  924  support orders under chapter 61. Placement of the child shall
  925  not be contingent upon issuance of a support order.
  926         8.a. If the court does not commit the child to the
  927  temporary legal custody of an adult relative, legal custodian,
  928  or other adult approved by the court, the disposition order
  929  shall include the reasons for such a decision and shall include
  930  a determination as to whether diligent efforts were made by the
  931  department to locate an adult relative, legal custodian, or
  932  other adult willing to care for the child in order to present
  933  that placement option to the court instead of placement with the
  934  department.
  935         b. If no suitable relative is found and the child is placed
  936  with the department or a legal custodian or other adult approved
  937  by the court, both the department and the court shall consider
  938  transferring temporary legal custody to an adult relative
  939  approved by the court at a later date, but neither the
  940  department nor the court is obligated to so place the child if
  941  it is in the child’s best interest to remain in the current
  942  placement.
  943  
  944  For the purposes of this section, “diligent efforts to locate an
  945  adult relative” means a search similar to the diligent search
  946  for a parent, but without the continuing obligation to search
  947  after an initial adequate search is completed.
  948         9. Other requirements necessary to protect the health,
  949  safety, and well-being of the child, to preserve the stability
  950  of the child’s educational placement, and to promote family
  951  preservation or reunification whenever possible.
  952         (f)(e) If the court finds that an in-home safety plan
  953  prepared or approved by the department the prevention or
  954  reunification efforts of the department will allow the child to
  955  remain safely at home or that conditions for return have been
  956  met and an in-home safety plan prepared or approved by the
  957  department will allow the child to be safely returned to the
  958  home, the court shall allow the child to remain in or return to
  959  the home after making a specific finding of fact that the
  960  reasons for removal have been remedied to the extent that the
  961  child’s safety, well-being, and physical, mental, and emotional
  962  health will not be endangered.
  963         (g)(f) If the court places the child in an out-of-home
  964  placement, the disposition order must include a written
  965  determination that the child cannot safely remain at home with
  966  an in-home safety plan reunification or family preservation
  967  services and that removal of the child is necessary to protect
  968  the child. If the child is removed before the disposition
  969  hearing, the order must also include a written determination as
  970  to whether, after removal, the department made a reasonable
  971  effort to reunify the parent and child. Reasonable efforts to
  972  reunify are not required if the court finds that any of the acts
  973  listed in s. 39.806(1)(f)-(l) have occurred. The department has
  974  the burden of demonstrating that it made reasonable efforts.
  975         1. For the purposes of this paragraph, the term “reasonable
  976  effort” means the exercise of reasonable diligence and care by
  977  the department to provide the services ordered by the court or
  978  delineated in the case plan.
  979         2. In support of its determination as to whether reasonable
  980  efforts have been made, the court shall:
  981         a. Enter written findings as to whether an in-home safety
  982  plan could have prevented removal prevention or reunification
  983  efforts were indicated.
  984         b. If an in-home safety plan was prevention or
  985  reunification efforts were indicated, include a brief written
  986  description of what appropriate and available safety management
  987  services prevention and reunification efforts were initiated
  988  made.
  989         c. Indicate in writing why further efforts could or could
  990  not have prevented or shortened the separation of the parent and
  991  child.
  992         3. A court may find that the department made a reasonable
  993  effort to prevent or eliminate the need for removal if:
  994         a. The first contact of the department with the family
  995  occurs during an emergency;
  996         b. The department’s assessment appraisal by the department
  997  of the home situation indicates a substantial and immediate
  998  danger to the child’s safety or physical, mental, or emotional
  999  health which cannot be mitigated by the provision of safety
 1000  management preventive services;
 1001         c. The child cannot safely remain at home, because there
 1002  are no safety management preventive services that can ensure the
 1003  health and safety of the child or, even with appropriate and
 1004  available services being provided, the health and safety of the
 1005  child cannot be ensured; or
 1006         d. The parent is alleged to have committed any of the acts
 1007  listed as grounds for expedited termination of parental rights
 1008  under s. 39.806(1)(f)-(l).
 1009         4. A reasonable effort by the department for reunification
 1010  has been made if the appraisal of the home situation by the
 1011  department indicates that the severity of the conditions of
 1012  dependency is such that reunification efforts are inappropriate.
 1013  The department has the burden of demonstrating to the court that
 1014  reunification efforts were inappropriate.
 1015         5. If the court finds that the provision of safety
 1016  management services by prevention or reunification effort of the
 1017  department would not have permitted the child to remain safely
 1018  at home, the court may commit the child to the temporary legal
 1019  custody of the department or take any other action authorized by
 1020  this chapter.
 1021         (2) The family functioning assessment predisposition study
 1022  must provide the court with the following documented
 1023  information:
 1024         (a) Evidence of maltreatment and the circumstances
 1025  accompanying the maltreatment.
 1026         (b) Identification of all danger threats active in the
 1027  home.
 1028         (c) An assessment of the adult functioning of the parents.
 1029         (d) An assessment of general parenting practices and the
 1030  parent’s disciplinary approach and behavior management methods.
 1031         (e) An assessment of the parent’s behavioral, emotional,
 1032  and cognitive protective capacities.
 1033         (f) An assessment of child functioning.
 1034         (g) A safety analysis describing the capacity for an in
 1035  home safety plan to control the conditions that result in the
 1036  child being unsafe and the specific actions necessary to keep
 1037  the child safe.
 1038         (h) Identification of the conditions for return which would
 1039  allow the child to be placed safely back into the home with an
 1040  in-home safety plan and any safety management services necessary
 1041  to ensure the child’s safety.
 1042         (a) The capacity and disposition of the parents to provide
 1043  the child with food, clothing, medical care, or other remedial
 1044  care recognized and permitted under the laws of this state in
 1045  lieu of medical care, and other material needs.
 1046         (b) The length of time the child has lived in a stable,
 1047  satisfactory environment and the desirability of maintaining
 1048  continuity.
 1049         (c) The mental and physical health of the parents.
 1050         (d) The home, school, and community record of the child.
 1051         (i)(e) The reasonable preference of the child, if the court
 1052  deems the child to be of sufficient intelligence, understanding,
 1053  and experience to express a preference.
 1054         (f) Evidence of domestic violence or child abuse.
 1055         (g) An assessment defining the dangers and risks of
 1056  returning the child home, including a description of the changes
 1057  in and resolutions to the initial risks.
 1058         (h) A description of what risks are still present and what
 1059  resources are available and will be provided for the protection
 1060  and safety of the child.
 1061         (i) A description of the benefits of returning the child
 1062  home.
 1063         (j) A description of all unresolved issues.
 1064         (j)(k)Child welfare A Florida Abuse Hotline Information
 1065  System (FAHIS) history from the Statewide Automated Child
 1066  Welfare Information System (SACWIS) and criminal records check
 1067  for all caregivers, family members, and individuals residing
 1068  within the household from which the child was removed.
 1069         (k)(l) The complete report and recommendation of the child
 1070  protection team of the Department of Health or, if no report
 1071  exists, a statement reflecting that no report has been made.
 1072         (l)(m) All opinions or recommendations from other
 1073  professionals or agencies that provide evaluative, social,
 1074  reunification, or other services to the parent and child.
 1075         (m)(n) A listing of appropriate and available safety
 1076  management prevention and reunification services for the parent
 1077  and child to prevent the removal of the child from the home or
 1078  to reunify the child with the parent after removal and an to
 1079  reunify the child with the parent after removal, including the
 1080  availability of family preservation services and an explanation
 1081  of the following:
 1082         1. If the services were or were not provided.
 1083         2. If the services were provided, the outcome of the
 1084  services.
 1085         3. If the services were not provided, why they were not
 1086  provided.
 1087         4. If the services are currently being provided and if they
 1088  need to be continued.
 1089         (o) A listing of other prevention and reunification
 1090  services that were available but determined to be inappropriate
 1091  and why.
 1092         (p) Whether dependency mediation was provided.
 1093         (n)(q) If the child has been removed from the home and
 1094  there is a parent who may be considered for custody pursuant to
 1095  this section, a recommendation as to whether placement of the
 1096  child with that parent would be detrimental to the child.
 1097         (o)(r) If the child has been removed from the home and will
 1098  be remaining with a relative, parent, or other adult approved by
 1099  the court, a home study report concerning the proposed placement
 1100  shall be provided to the court included in the predisposition
 1101  report. Before recommending to the court any out-of-home
 1102  placement for a child other than placement in a licensed shelter
 1103  or foster home, the department shall conduct a study of the home
 1104  of the proposed legal custodians, which must include, at a
 1105  minimum:
 1106         1. An interview with the proposed legal custodians to
 1107  assess their ongoing commitment and ability to care for the
 1108  child.
 1109         2. Records checks through the State Automated Child Welfare
 1110  Information System (SACWIS), and local and statewide criminal
 1111  and juvenile records checks through the Department of Law
 1112  Enforcement, on all household members 12 years of age or older.
 1113  In addition, the fingerprints of any household members who are
 1114  18 years of age or older may be submitted to the Department of
 1115  Law Enforcement for processing and forwarding to the Federal
 1116  Bureau of Investigation for state and national criminal history
 1117  information. The department has the discretion to request State
 1118  Automated Child Welfare Information System (SACWIS) and local,
 1119  statewide, and national criminal history checks and
 1120  fingerprinting of any other visitor to the home who is made
 1121  known to the department. Out-of-state criminal records checks
 1122  must be initiated for any individual who has resided in a state
 1123  other than Florida if that state’s laws allow the release of
 1124  these records. The out-of-state criminal records must be filed
 1125  with the court within 5 days after receipt by the department or
 1126  its agent.
 1127         3. An assessment of the physical environment of the home.
 1128         4. A determination of the financial security of the
 1129  proposed legal custodians.
 1130         5. A determination of suitable child care arrangements if
 1131  the proposed legal custodians are employed outside of the home.
 1132         6. Documentation of counseling and information provided to
 1133  the proposed legal custodians regarding the dependency process
 1134  and possible outcomes.
 1135         7. Documentation that information regarding support
 1136  services available in the community has been provided to the
 1137  proposed legal custodians.
 1138         8. The reasonable preference of the child, if the court
 1139  deems the child to be of sufficient intelligence, understanding,
 1140  and experience to express a preference.
 1141  
 1142  The department may not place the child or continue the placement
 1143  of the child in a home under shelter or postdisposition
 1144  placement if the results of the home study are unfavorable,
 1145  unless the court finds that this placement is in the child’s
 1146  best interest.
 1147         (p)(s) If the child has been removed from the home, a
 1148  determination of the amount of child support each parent will be
 1149  required to pay pursuant to s. 61.30.
 1150         (t) If placement of the child with anyone other than the
 1151  child’s parent is being considered, the predisposition study
 1152  shall include the designation of a specific length of time as to
 1153  when custody by the parent will be reconsidered.
 1154  
 1155  Any other relevant and material evidence, including other
 1156  written or oral reports, may be received by the court in its
 1157  effort to determine the action to be taken with regard to the
 1158  child and may be relied upon to the extent of its probative
 1159  value, even though not competent in an adjudicatory hearing.
 1160  Except as otherwise specifically provided, nothing in this
 1161  section prohibits the publication of proceedings in a hearing.
 1162         (6) With respect to a child who is the subject in
 1163  proceedings under this chapter, the court may issue to the
 1164  department an order to show cause why it should not return the
 1165  child to the custody of the parents upon the presentation of
 1166  evidence that the conditions for return of the child have been
 1167  met expiration of the case plan, or sooner if the parents have
 1168  substantially complied with the case plan.
 1169         (7) The court may enter an order ending its jurisdiction
 1170  over a child when a child has been returned to the parents,
 1171  provided the court shall not terminate its jurisdiction or the
 1172  department’s supervision over the child until 6 months after the
 1173  child’s return. The department shall supervise the placement of
 1174  the child after reunification for at least 6 months with each
 1175  parent or legal custodian from whom the child was removed. The
 1176  court shall determine whether its jurisdiction should be
 1177  continued or terminated in such a case based on a report of the
 1178  department or agency or the child’s guardian ad litem, and any
 1179  other relevant factors; if its jurisdiction is to be terminated,
 1180  the court shall enter an order to that effect.
 1181         Section 12. Subsections (2) and (3) of section 39.522,
 1182  Florida Statutes, are amended to read:
 1183         39.522 Postdisposition change of custody.—The court may
 1184  change the temporary legal custody or the conditions of
 1185  protective supervision at a postdisposition hearing, without the
 1186  necessity of another adjudicatory hearing.
 1187         (2) In cases where the issue before the court is whether a
 1188  child should be reunited with a parent, the court shall review
 1189  the conditions for return and determine whether the
 1190  circumstances that caused the out-of-home placement and issues
 1191  subsequently identified have been remedied parent has
 1192  substantially complied with the terms of the case plan to the
 1193  extent that the return of the child to the home with an in-home
 1194  safety plan prepared or approved by the department will not be
 1195  detrimental to the child’s safety, well-being, and physical,
 1196  mental, and emotional health of the child is not endangered by
 1197  the return of the child to the home.
 1198         (3) In cases where the issue before the court is whether a
 1199  child who is placed in the custody of a parent should be
 1200  reunited with the other parent upon a finding that the
 1201  circumstances that caused the out-of-home placement and issues
 1202  subsequently identified have been remedied to the extent that
 1203  the return of the child to the home of the other parent with an
 1204  in-home safety plan prepared or approved by the department will
 1205  not be detrimental to the child of substantial compliance with
 1206  the terms of the case plan, the standard shall be that the
 1207  safety, well-being, and physical, mental, and emotional health
 1208  of the child would not be endangered by reunification and that
 1209  reunification would be in the best interest of the child.
 1210         Section 13. Effective January 1, 2018, section 39.523,
 1211  Florida Statutes, is amended to read:
 1212         (Substantial rewording of section. See
 1213         s. 39.523, F.S., for present text.)
 1214         39.523Placement in out-of-home care.—
 1215         (1)LEGISLATIVE FINDINGS AND INTENT.—
 1216         (a)The Legislature finds that it is a basic tenet of child
 1217  welfare practice and the law that children be placed in the
 1218  least restrictive, most family-like setting available in close
 1219  proximity to the home of their parents, consistent with the best
 1220  interests and needs of the child, and that children be placed in
 1221  permanent homes in a timely manner.
 1222         (b)The Legislature also finds that there is an association
 1223  between frequent placement changes and adverse outcomes for the
 1224  child, that mismatching placements to children’s needs has been
 1225  identified as a factor that negatively impacts placement
 1226  stability, and that identifying the right placement for each
 1227  child requires effective assessment.
 1228         (c)It is the intent of the Legislature that whenever a
 1229  child is unable to safely remain at home with a parent, the most
 1230  appropriate available out-of-home placement shall be chosen
 1231  after an assessment of the child’s needs and the availability of
 1232  caregivers qualified to meet the child’s needs.
 1233         (2)ASSESSMENT AND PLACEMENT.—When any child is removed
 1234  from a home and placed into out-of-home care, a comprehensive
 1235  placement assessment process shall be completed to determine the
 1236  level of care needed by the child and match the child with the
 1237  most appropriate placement.
 1238         (a)The community-based care lead agency or sub-contracted
 1239  agency with the responsibility for assessment and placement must
 1240  coordinate a multi-disciplinary team staffing with any available
 1241  individual currently involved with the child including, but not
 1242  limited to, a representative from the department and the case
 1243  manager for the child; a therapist, attorney ad-litem, guardian
 1244  ad litem, teachers, coaches, Children’s Medical Services; and
 1245  other community providers of services to the child or
 1246  stakeholders as applicable. The team should also include clergy,
 1247  relatives and fictive kin. Team participants must gather data
 1248  and information on the child that is known at the time
 1249  including, but not limited to:
 1250         1.Mental, medical, behavioral health and medication
 1251  history;
 1252         2.Community ties and school placement;
 1253         3.Current placement decisions relating to any siblings;
 1254         4.Alleged type of abuse or neglect including sexual abuse
 1255  and trafficking history; and
 1256         5.The child’s age, maturity, strengths, hobbies or
 1257  activities, and the child’s preference for placement.
 1258         (b)The comprehensive placement assessment process may also
 1259  include the use of an assessment instrument or tool that is best
 1260  suited for the individual child.
 1261         (c)The most appropriate available out-of-home placement
 1262  shall be chosen after consideration by all members of the multi
 1263  disciplinary team of all of the information and data gathered,
 1264  including the results and recommendations of any evaluations
 1265  conducted.
 1266         (d)Placement decisions for each child in out-of-home
 1267  placement must be reviewed as often as necessary to ensure that
 1268  permanency issues related to this population of children are
 1269  addressed.
 1270         (e)The department shall document all placement assessments
 1271  and placement decisions in the Florida Safe Families Network.
 1272         (f)If it is determined during the comprehensive placement
 1273  assessment process that residential treatment as defined in s.
 1274  39.407 would be suitable for the child, the procedures in that
 1275  section must be followed.
 1276         (3) JUDICIAL REVIEW.—At each judicial review, the court
 1277  shall consider the results of the assessment, the placement
 1278  decision made for the child, and the services provided to the
 1279  child as required under s. 39.701.
 1280         (4) DATA COLLECTION.—The department shall collect the
 1281  following information by community-based care lead agency and
 1282  post it on the Department of Children and Families’ website. The
 1283  information must be updated on January 1 and July 1 of each
 1284  year.
 1285         (a)The number of children placed with relatives and
 1286  nonrelatives, in family foster homes, and in residential group
 1287  care.
 1288         (b)An inventory of available services that are necessary
 1289  to maintain children in the least restrictive settings and a
 1290  plan for filling any identified gap in those services.
 1291         (c)The number of children who were placed based upon the
 1292  assessment.
 1293         (d)An inventory of existing placements for children by
 1294  type and by community-based care lead agency.
 1295         (e)The strategies being used by community-based care lead
 1296  agencies to recruit, train, and support an adequate number of
 1297  families to provide home-based family care.
 1298         (5)RULEMAKING.—The department may adopt rules necessary to
 1299  carry out the provisions of this section.
 1300         Section 14. Section 39.6001, Florida Statutes, is created
 1301  to read:
 1302         39.6001 Safe care plans for substance-exposed newborns.—The
 1303  department, in partnership with the Department of Health, the
 1304  Agency for Health Care Administration, other state agencies, and
 1305  community partners, shall develop a strategy for coordinated
 1306  services to ensure the safety and well-being of newborns with
 1307  prenatal substance exposure by creating, implementing, and
 1308  monitoring safe care plans. A safe care plan is a written plan
 1309  for a newborn with prenatal substance abuse exposure following
 1310  the newborn’s release from the care of a health care provider.
 1311  The plan must address the health and substance abuse disorder
 1312  treatment needs of the newborn through infancy and the affected
 1313  family or caregiver. The department shall monitor such plans to
 1314  ensure appropriate referrals are made and services are delivered
 1315  to the newborn and the affected family or caregiver.
 1316         Section 15. Subsection (1) of section 39.6011, Florida
 1317  Statutes, is amended to read:
 1318         39.6011 Case plan development.—
 1319         (1) The department shall prepare a draft of the case plan
 1320  for each child receiving services under this chapter. A parent
 1321  of a child may not be threatened or coerced with the loss of
 1322  custody or parental rights for failing to admit in the case plan
 1323  of abusing, neglecting, or abandoning a child. Participating in
 1324  the development of a case plan is not an admission to any
 1325  allegation of abuse, abandonment, or neglect, and it is not a
 1326  consent to a finding of dependency or termination of parental
 1327  rights. The case plan shall be developed subject to the
 1328  following requirements:
 1329         (a) The case plan must be developed in a face-to-face
 1330  conference with the parent of the child, any court-appointed
 1331  guardian ad litem, and, if appropriate, the child and the
 1332  temporary custodian of the child.
 1333         (b) Notwithstanding s. 39.202, the department may discuss
 1334  confidential information during the case planning conference in
 1335  the presence of individuals who participate in the conference.
 1336  All individuals who participate in the conference shall maintain
 1337  the confidentiality of all information shared during the case
 1338  planning conference.
 1339         (c)(b) The parent may receive assistance from any person or
 1340  social service agency in preparing the case plan. The social
 1341  service agency, the department, and the court, when applicable,
 1342  shall inform the parent of the right to receive such assistance,
 1343  including the right to assistance of counsel.
 1344         (d)(c) If a parent is unwilling or unable to participate in
 1345  developing a case plan, the department shall document that
 1346  unwillingness or inability to participate. The documentation
 1347  must be provided in writing to the parent when available for the
 1348  court record, and the department shall prepare a case plan
 1349  conforming as nearly as possible with the requirements set forth
 1350  in this section. The unwillingness or inability of the parent to
 1351  participate in developing a case plan does not preclude the
 1352  filing of a petition for dependency or for termination of
 1353  parental rights. The parent, if available, must be provided a
 1354  copy of the case plan and be advised that he or she may, at any
 1355  time before the filing of a petition for termination of parental
 1356  rights, enter into a case plan and that he or she may request
 1357  judicial review of any provision of the case plan with which he
 1358  or she disagrees at any court hearing set for the child.
 1359         Section 16. Subsection (1) of section 39.6012, Florida
 1360  Statutes, is amended to read:
 1361         39.6012 Case plan tasks; services.—
 1362         (1) The services to be provided to the parent and the tasks
 1363  that must be completed are subject to the following:
 1364         (a) The services described in the case plan must be
 1365  designed to improve the conditions in the home and aid in
 1366  maintaining the child in the home, facilitate the child’s safe
 1367  return to the home, ensure proper care of the child, or
 1368  facilitate the child’s permanent placement. The services offered
 1369  must be the least intrusive possible into the life of the parent
 1370  and child, must focus on clearly defined objectives, and must
 1371  provide the most efficient path to quick reunification or
 1372  permanent placement given the circumstances of the case and the
 1373  child’s need for safe and proper care.
 1374         (b) The case plan must describe each of the tasks with
 1375  which the parent must comply and the services to be provided to
 1376  the parent, specifically addressing the identified problem,
 1377  including:
 1378         1. The type of services or treatment.
 1379         2. The date the department will provide each service or
 1380  referral for the service if the service is being provided by the
 1381  department or its agent.
 1382         3. The date by which the parent must complete each task.
 1383         4. The frequency of services or treatment provided. The
 1384  frequency of the delivery of services or treatment provided
 1385  shall be determined by the professionals providing the services
 1386  or treatment on a case-by-case basis and adjusted according to
 1387  their best professional judgment.
 1388         5. The location of the delivery of the services.
 1389         6. The staff of the department or service provider
 1390  accountable for the services or treatment.
 1391         7. A description of the measurable objectives, including
 1392  the timeframes specified for achieving the objectives of the
 1393  case plan and addressing the identified problem.
 1394         (c)If there is evidence of harm as defined in s.
 1395  39.01(30)(g), the case plan must include as a required task for
 1396  the parent whose actions caused the harm that the parent submit
 1397  to a substance abuse disorder assessment or evaluation and
 1398  participate and comply with treatment and services identified in
 1399  the assessment or evaluation as being necessary.
 1400         Section 17. Subsection (7) is added to section 39.6221,
 1401  Florida Statutes, to read:
 1402         39.6221 Permanent guardianship of a dependent child.—
 1403         (7)The requirements of s. 61.13001 do not apply to
 1404  permanent guardianships established under this section.
 1405         Section 18. Paragraph (h) is added to subsection (1) of
 1406  section 39.701, Florida Statutes, to read:
 1407         39.701 Judicial review.—
 1408         (1) GENERAL PROVISIONS.—
 1409         (h) If a child is born into a family that is under the
 1410  court’s jurisdiction or a child moves into a home that is under
 1411  the court’s jurisdiction, the department shall assess the
 1412  child’s safety and provide notice to the court.
 1413         1. The department shall complete an assessment to determine
 1414  how the addition of a child will impact family functioning. The
 1415  assessment must be completed at least 30 days before a child is
 1416  expected to be born or to move into a home, or within 72 hours
 1417  after the department learns of the pregnancy or addition if the
 1418  child is expected to be born or to move into the home in less
 1419  than 30 days. The assessment shall be filed with the court.
 1420         2. Once a child is born into a family or a child moves into
 1421  the home, the department shall complete a progress update and
 1422  file it with the court.
 1423         3. The court has the discretion to hold a hearing on the
 1424  progress update filed by the department.
 1425         4. The department shall adopt rules to implement this
 1426  subsection.
 1427         Section 19. Subsection (3) of section 39.801, Florida
 1428  Statutes, is amended to read:
 1429         39.801 Procedures and jurisdiction; notice; service of
 1430  process.—
 1431         (3) Before the court may terminate parental rights, in
 1432  addition to the other requirements set forth in this part, the
 1433  following requirements must be met:
 1434         (a) Notice of the date, time, and place of the advisory
 1435  hearing for the petition to terminate parental rights and a copy
 1436  of the petition must be personally served upon the following
 1437  persons, specifically notifying them that a petition has been
 1438  filed:
 1439         1. The parents of the child.
 1440         2. The legal custodians of the child.
 1441         3. If the parents who would be entitled to notice are dead
 1442  or unknown, a living relative of the child, unless upon diligent
 1443  search and inquiry no such relative can be found.
 1444         4. Any person who has physical custody of the child.
 1445         5. Any grandparent entitled to priority for adoption under
 1446  s. 63.0425.
 1447         6. Any prospective parent who has been identified under s.
 1448  39.503 or s. 39.803, unless a court order has been entered
 1449  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1450  indicates no further notice is required. Except as otherwise
 1451  provided in this section, if there is not a legal father, notice
 1452  of the petition for termination of parental rights must be
 1453  provided to any known prospective father who is identified under
 1454  oath before the court or who is identified by a diligent search
 1455  of the Florida Putative Father Registry. Service of the notice
 1456  of the petition for termination of parental rights is not
 1457  required if the prospective father executes an affidavit of
 1458  nonpaternity or a consent to termination of his parental rights
 1459  which is accepted by the court after notice and opportunity to
 1460  be heard by all parties to address the best interests of the
 1461  child in accepting such affidavit.
 1462         7. The guardian ad litem for the child or the
 1463  representative of the guardian ad litem program, if the program
 1464  has been appointed.
 1465  
 1466  The document containing the notice to respond or appear must
 1467  contain, in type at least as large as the type in the balance of
 1468  the document, the following or substantially similar language:
 1469  “FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING
 1470  CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF
 1471  THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND
 1472  TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
 1473  CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS
 1474  NOTICE.”
 1475         (b) If a party required to be served with notice as
 1476  prescribed in paragraph (a) cannot be served, notice of hearings
 1477  must be given as prescribed by the rules of civil procedure, and
 1478  service of process must be made as specified by law or civil
 1479  actions.
 1480         (c) Notice as prescribed by this section may be waived, in
 1481  the discretion of the judge, with regard to any person to whom
 1482  notice must be given under this subsection if the person
 1483  executes, before two witnesses and a notary public or other
 1484  officer authorized to take acknowledgments, a written surrender
 1485  of the child to a licensed child-placing agency or the
 1486  department.
 1487         (d) If the person served with notice under this section
 1488  fails to personally appear at the advisory hearing, the failure
 1489  to personally appear shall constitute consent for termination of
 1490  parental rights by the person given notice. If a parent appears
 1491  for the advisory hearing and the court orders that parent to
 1492  personally appear at the adjudicatory hearing for the petition
 1493  for termination of parental rights, stating the date, time, and
 1494  location of said hearing, then failure of that parent to
 1495  personally appear at the adjudicatory hearing shall constitute
 1496  consent for termination of parental rights.
 1497         Section 20. Section 39.803, Florida Statutes, is amended to
 1498  read:
 1499         39.803 Identity or location of parent unknown after filing
 1500  of termination of parental rights petition; special procedures.—
 1501         (1) If the identity or location of a parent is unknown and
 1502  a petition for termination of parental rights is filed, the
 1503  court shall conduct under oath the following inquiry of the
 1504  parent who is available, or, if no parent is available, of any
 1505  relative, caregiver, or legal custodian of the child who is
 1506  present at the hearing and likely to have the information:
 1507         (a) Whether the mother of the child was married at the
 1508  probable time of conception of the child or at the time of birth
 1509  of the child.
 1510         (b) Whether the mother was cohabiting with a male at the
 1511  probable time of conception of the child.
 1512         (c) Whether the mother has received payments or promises of
 1513  support with respect to the child or because of her pregnancy
 1514  from a man who claims to be the father.
 1515         (d) Whether the mother has named any man as the father on
 1516  the birth certificate of the child or in connection with
 1517  applying for or receiving public assistance.
 1518         (e) Whether any man has acknowledged or claimed paternity
 1519  of the child in a jurisdiction in which the mother resided at
 1520  the time of or since conception of the child, or in which the
 1521  child has resided or resides.
 1522         (f) Whether a man is named on the birth certificate of the
 1523  child pursuant to s. 382.013(2).
 1524         (g) Whether a man has been determined by a court order to
 1525  be the father of the child.
 1526         (h) Whether a man has been determined by an administrative
 1527  proceeding to be the father of the child.
 1528         (2) The information required in subsection (1) may be
 1529  supplied to the court or the department in the form of a sworn
 1530  affidavit by a person having personal knowledge of the facts.
 1531         (3) If the inquiry under subsection (1) identifies any
 1532  person as a parent or prospective parent, the court shall
 1533  require notice of the hearing to be provided to that person.
 1534         (4) If the inquiry under subsection (1) fails to identify
 1535  any person as a parent or prospective parent, the court shall so
 1536  find and may proceed without further notice.
 1537         (5) If the inquiry under subsection (1) identifies a parent
 1538  or prospective parent, and that person’s location is unknown,
 1539  the court shall direct the petitioner to conduct a diligent
 1540  search for that person before scheduling an adjudicatory hearing
 1541  regarding the petition for termination of parental rights to the
 1542  child unless the court finds that the best interest of the child
 1543  requires proceeding without actual notice to the person whose
 1544  location is unknown.
 1545         (6) The diligent search required by subsection (5) must
 1546  include, at a minimum, inquiries of all known relatives of the
 1547  parent or prospective parent, inquiries of all offices of
 1548  program areas of the department likely to have information about
 1549  the parent or prospective parent, inquiries of other state and
 1550  federal agencies likely to have information about the parent or
 1551  prospective parent, inquiries of appropriate utility and postal
 1552  providers, a thorough search of at least one electronic database
 1553  specifically designed for locating persons, a search of the
 1554  Florida Putative Father Registry, and inquiries of appropriate
 1555  law enforcement agencies. Pursuant to s. 453 of the Social
 1556  Security Act, 42 U.S.C. s. 653(c)(4), the department, as the
 1557  state agency administering Titles IV-B and IV-E of the act,
 1558  shall be provided access to the federal and state parent locator
 1559  service for diligent search activities.
 1560         (7) Any agency contacted by petitioner with a request for
 1561  information pursuant to subsection (6) shall release the
 1562  requested information to the petitioner without the necessity of
 1563  a subpoena or court order.
 1564         (8) If the inquiry and diligent search identifies a
 1565  prospective parent, that person must be given the opportunity to
 1566  become a party to the proceedings by completing a sworn
 1567  affidavit of parenthood and filing it with the court or the
 1568  department. A prospective parent who files a sworn affidavit of
 1569  parenthood while the child is a dependent child but no later
 1570  than at the time of or before prior to the adjudicatory hearing
 1571  in the termination of parental rights proceeding for the child
 1572  shall be considered a parent for all purposes under this
 1573  section. If the prospective parent does not file a sworn
 1574  affidavit of parenthood or if the other parent contests the
 1575  determination of parenthood, the court may, after considering
 1576  the best interests of the child, order scientific testing to
 1577  determine the maternity or paternity of the child. The court
 1578  shall assess the cost of the paternity determination as a cost
 1579  of litigation. If the court finds the prospective parent to be a
 1580  parent as a result of the scientific testing, the court shall
 1581  enter a judgment of maternity or paternity, shall assess the
 1582  cost of the scientific testing to the parent, and shall enter an
 1583  amount of child support to be paid by the parent as determined
 1584  under s. 61.30. If the known parent contests the recognition of
 1585  the prospective parent as a parent, the prospective parent may
 1586  not be recognized as a parent until proceedings to establish
 1587  maternity or paternity have been concluded. However, the
 1588  prospective parent shall continue to receive notice of hearings
 1589  as a participant until proceedings to establish maternity or
 1590  paternity have been concluded.
 1591         (9) If the diligent search under subsection (5) fails to
 1592  identify and locate a prospective parent, the court shall so
 1593  find and may proceed without further notice.
 1594         Section 21. Paragraph (l) of subsection (1) of section
 1595  39.806, Florida Statutes, is amended, and subsections (2) and
 1596  (3) are republished, to read:
 1597         39.806 Grounds for termination of parental rights.—
 1598         (1) Grounds for the termination of parental rights may be
 1599  established under any of the following circumstances:
 1600         (l) On three or more occasions the child or another child
 1601  of the parent or parents has been placed in out-of-home care
 1602  pursuant to this chapter or the law of any state, territory, or
 1603  jurisdiction of the United States which is substantially similar
 1604  to this chapter, and the conditions that led to the child’s out
 1605  of-home placement were caused by the parent or parents.
 1606         (2) Reasonable efforts to preserve and reunify families are
 1607  not required if a court of competent jurisdiction has determined
 1608  that any of the events described in paragraphs (1)(b)-(d) or
 1609  paragraphs (1)(f)-(m) have occurred.
 1610         (3) If a petition for termination of parental rights is
 1611  filed under subsection (1), a separate petition for dependency
 1612  need not be filed and the department need not offer the parents
 1613  a case plan having a goal of reunification, but may instead file
 1614  with the court a case plan having a goal of termination of
 1615  parental rights to allow continuation of services until the
 1616  termination is granted or until further orders of the court are
 1617  issued.
 1618         Section 22. Subsection (6) of section 39.811, Florida
 1619  Statutes, is amended to read:
 1620         39.811 Powers of disposition; order of disposition.—
 1621         (6) The parental rights of one parent may be severed
 1622  without severing the parental rights of the other parent only
 1623  under the following circumstances:
 1624         (a) If the child has only one surviving parent;
 1625         (b) If the identity of a prospective parent has been
 1626  established as unknown after sworn testimony;
 1627         (c) If the parent whose rights are being terminated became
 1628  a parent through a single-parent adoption;
 1629         (d) If the protection of the child demands termination of
 1630  the rights of a single parent; or
 1631         (e) If the parent whose rights are being terminated meets
 1632  any of the criteria specified in s. 39.806(1)(c), (d), (f), (g),
 1633  (h), (i), (j), (k), (l), (m), or (n) and (f)-(m).
 1634         Section 23. Paragraph (b) of subsection (4) of section
 1635  125.901, Florida Statutes, is amended to read:
 1636         125.901 Children’s services; independent special district;
 1637  council; powers, duties, and functions; public records
 1638  exemption.—
 1639         (4)
 1640         (b)1.a. Notwithstanding paragraph (a), the governing body
 1641  of the county shall submit the question of retention or
 1642  dissolution of a district with voter-approved taxing authority
 1643  to the electorate in the general election according to the
 1644  following schedule:
 1645         (I) For a district in existence on July 1, 2010, and
 1646  serving a county with a population of 400,000 or fewer persons
 1647  as of that date............................................2014.
 1648         (II) For a district in existence on July 1, 2010, and
 1649  serving a county with a population of 2 million or more persons
 1650  as of that date, unless the governing body of the county has
 1651  previously submitted such question voluntarily to the electorate
 1652  for a second time since 2005,..............................2020.
 1653         b. A referendum by the electorate on or after July 1, 2010,
 1654  creating a new district with taxing authority may specify that
 1655  the district is not subject to reauthorization or may specify
 1656  the number of years for which the initial authorization shall
 1657  remain effective. If the referendum does not prescribe terms of
 1658  reauthorization, the governing body of the county shall submit
 1659  the question of retention or dissolution of the district to the
 1660  electorate in the general election 12 years after the initial
 1661  authorization.
 1662         2. The governing body of the district may specify, and
 1663  submit to the governing body of the county no later than 9
 1664  months before the scheduled election, that the district is not
 1665  subsequently subject to reauthorization or may specify the
 1666  number of years for which a reauthorization under this paragraph
 1667  shall remain effective. If the governing body of the district
 1668  makes such specification and submission, the governing body of
 1669  the county shall include that information in the question
 1670  submitted to the electorate. If the governing body of the
 1671  district does not specify and submit such information, the
 1672  governing body of the county shall resubmit the question of
 1673  reauthorization to the electorate every 12 years after the year
 1674  prescribed in subparagraph 1. The governing body of the district
 1675  may recommend to the governing body of the county language for
 1676  the question submitted to the electorate.
 1677         3. Nothing in this paragraph limits the authority to
 1678  dissolve a district as provided under paragraph (a).
 1679         4. Nothing in this paragraph precludes the governing body
 1680  of a district from requesting that the governing body of the
 1681  county submit the question of retention or dissolution of a
 1682  district with voter-approved taxing authority to the electorate
 1683  at a date earlier than the year prescribed in subparagraph 1. If
 1684  the governing body of the county accepts the request and submits
 1685  the question to the electorate, the governing body satisfies the
 1686  requirement of that subparagraph.
 1687  
 1688  If any district is dissolved pursuant to this subsection, each
 1689  county must first obligate itself to assume the debts,
 1690  liabilities, contracts, and outstanding obligations of the
 1691  district within the total millage available to the county
 1692  governing body for all county and municipal purposes as provided
 1693  for under s. 9, Art. VII of the State Constitution. Any district
 1694  may also be dissolved pursuant to part VII of chapter 189.
 1695         Section 24. Subsection (9) of section 322.051, Florida
 1696  Statutes, is amended to read:
 1697         322.051 Identification cards.—
 1698         (9)(a) Notwithstanding any other provision of this section
 1699  or s. 322.21 to the contrary, the department shall issue or
 1700  renew a card at no charge to a person who presents evidence
 1701  satisfactory to the department that he or she is homeless as
 1702  defined in s. 414.0252(7), to a juvenile offender who is in the
 1703  custody or under the supervision of the Department of Juvenile
 1704  Justice and receiving services pursuant to s. 985.461, to an
 1705  inmate receiving a card issued pursuant to s. 944.605(7), or, if
 1706  necessary, to an inmate receiving a replacement card if the
 1707  department determines that he or she has a valid state
 1708  identification card. If the replacement state identification
 1709  card is scheduled to expire within 6 months, the department may
 1710  also issue a temporary permit valid for at least 6 months after
 1711  the release date. The department’s mobile issuing units shall
 1712  process the identification cards for juvenile offenders and
 1713  inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
 1714         (b)If the person who presents evidence that he or she is a
 1715  certified unaccompanied homeless youth as defined in s. 743.067,
 1716  the back of the card must exhibit the following: As a certified
 1717  unaccompanied homeless youth, this individual may consent to
 1718  diagnosis and treatment and any forensic medical examination
 1719  authorized pursuant to s. 743.067, F.S.
 1720         Section 25. Paragraph (g) of subsection (4) of section
 1721  395.3025, Florida Statutes, is amended, and subsection (8) of
 1722  that section is republished, to read:
 1723         395.3025 Patient and personnel records; copies;
 1724  examination.—
 1725         (4) Patient records are confidential and must not be
 1726  disclosed without the consent of the patient or his or her legal
 1727  representative, but appropriate disclosure may be made without
 1728  such consent to:
 1729         (g) The Department of Children and Families, or its agent,
 1730  or its contracted entity, for the purpose of investigations of
 1731  or services for cases of abuse, neglect, or exploitation of
 1732  children or vulnerable adults.
 1733         (8) Patient records at hospitals and ambulatory surgical
 1734  centers are exempt from disclosure under s. 119.07(1), except as
 1735  provided by subsections (1)-(5).
 1736         Section 26. Subsections (2) and (6) of section 402.40,
 1737  Florida Statutes, are amended to read:
 1738         402.40 Child welfare training and certification.—
 1739         (2) DEFINITIONS.—As used in this section, the term:
 1740         (a) “Child welfare certification” means a professional
 1741  credential awarded by a department-approved third-party
 1742  credentialing entity to individuals demonstrating core
 1743  competency in any child welfare practice area.
 1744         (b) “Child welfare services” means any intake, protective
 1745  investigations, preprotective services, protective services,
 1746  foster care, shelter and group care, and adoption and related
 1747  services program, including supportive services and supervision
 1748  provided to children who are alleged to have been abused,
 1749  abandoned, or neglected or who are at risk of becoming, are
 1750  alleged to be, or have been found dependent pursuant to chapter
 1751  39.
 1752         (c)“Child welfare trainer” means any person providing
 1753  training for the purposes of child welfare professionals earning
 1754  certification.
 1755         (d)(c) “Core competency” means the minimum knowledge,
 1756  skills, and abilities necessary to carry out work
 1757  responsibilities.
 1758         (e)(d) “Person providing child welfare services” means a
 1759  person who has a responsibility for supervisory, direct care, or
 1760  support-related work in the provision of child welfare services
 1761  pursuant to chapter 39.
 1762         (f)(e) “Preservice curriculum” means the minimum statewide
 1763  training content based upon the core competencies which is made
 1764  available to all persons providing child welfare services.
 1765         (g)(f) “Third-party credentialing entity” means a
 1766  department-approved nonprofit organization that has met
 1767  nationally recognized standards for developing and administering
 1768  professional certification programs.
 1769         (6) ADOPTION OF RULES.—The Department of Children and
 1770  Families shall adopt rules necessary to carry out the provisions
 1771  of this section, including the requirements for child welfare
 1772  trainers.
 1773         Section 27. Section 409.16741, Florida Statutes, is created
 1774  to read:
 1775         409.16741 Substance-exposed newborns; legislative findings
 1776  and intent; screening and assessment; case management;
 1777  training.—
 1778         (1) LEGISLATIVE FINDINGS AND INTENT.–
 1779         (a) The Legislature finds that children, their families,
 1780  and child welfare agencies have been affected by multiple
 1781  substance abuse epidemics over the past several decades, and
 1782  parental substance abuse is again becoming a growing reason for
 1783  removing children from their homes and placing them in foster
 1784  care.
 1785         (b) The Legislature also finds that infants are the largest
 1786  age group of children entering foster care and that parental
 1787  substance abuse disorders are having a major impact not only on
 1788  increasing child removals, but also on preventing or delaying
 1789  reunification of families and increasing termination of parental
 1790  rights.
 1791         (c) The Legislature further finds that two aspects of
 1792  parental substance abuse affect the child welfare system:
 1793  prenatal exposure when it is determined that there are immediate
 1794  safety factors that necessitate the newborn being placed in
 1795  protective custody; and postnatal use that affects the ability
 1796  of the parent to safely care for the child.
 1797         (d) Therefore, it is the intent of the Legislature that the
 1798  department establish and monitor a coordinated approach to
 1799  working with children and their families affected by substance
 1800  abuse and dependence.
 1801         (2) SCREENING AND ASSESSMENT.—The department shall develop
 1802  or adopt one or more initial screening and assessment
 1803  instruments to identify, determine the needs of, and plan
 1804  services for substance-exposed newborns and their families. In
 1805  addition to the conditions of the infant, conditions or
 1806  behaviors of the mother or father which may indicate a risk of
 1807  harm to the child shall be considered during any assessment.
 1808         (3) CASE MANAGEMENT.—
 1809         (a)The department shall conduct regular multidisciplinary
 1810  staffings relating to services provided for substance-exposed
 1811  newborns and their families to ensure that all parties possess
 1812  relevant information and that services are coordinated across
 1813  systems identified in this chapter. The department or community
 1814  based care lead agency, as appropriate, shall coordinate these
 1815  staffings and include individuals involved in the child’s care.
 1816         (b)Each region of the department and each community-based
 1817  care lead agency shall jointly assess local service capacity to
 1818  meet the specialized service needs of substance-exposed newborns
 1819  and their families and establish a plan to develop the necessary
 1820  capacity. Each plan shall be developed in consultation with
 1821  entities and agencies involved in the individuals’ care.
 1822         (4)TRAINING.—The department and community-based care lead
 1823  agencies shall ensure that cases in which there is a substance
 1824  exposed newborn are assigned to child protective investigators
 1825  and case managers who have specialized training in working with
 1826  substance-exposed newborns and their families. The department
 1827  and lead agencies shall ensure that child protective
 1828  investigators and case managers receive this training before
 1829  accepting a case.
 1830         Section 28. Section 409.16742, Florida Statutes, is created
 1831  to read:
 1832         409.16742 Shared family care residential services program
 1833  for substance-exposed newborns.—
 1834         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 1835  that there is evidence that, with appropriate support and
 1836  training, some families can remain safely together without court
 1837  involvement or traumatic separations. Therefore, it is the
 1838  intent of the Legislature that alternative types of placement
 1839  options be available which provide both safety for substance
 1840  exposed newborns and an opportunity for parents recovering from
 1841  substance abuse disorders to achieve independence while living
 1842  together in a protective, nurturing family environment.
 1843         (2) ESTABLISHMENT OF PILOT PROGRAM.—The department shall
 1844  establish a shared family care residential services program in
 1845  the Fourth Judicial Circuit to serve substance-exposed newborns
 1846  and their families through a contract with the designated lead
 1847  agency established in accordance with s. 409.987 or with a
 1848  private entity capable of providing residential care that
 1849  satisfies the requirements of this section. The private entity
 1850  or lead agency is responsible for all programmatic functions
 1851  necessary to carry out the intent of this section. As used in
 1852  this section, the term “shared family care” means out-of-home
 1853  care in which an entire family in need is temporarily placed in
 1854  the home of a family who is trained to mentor and support the
 1855  biological parents as they develop caring skills and supports
 1856  necessary for independent living.
 1857         (3) SERVICES.—The department shall specify services that
 1858  should be made available to newborns and their families through
 1859  the pilot program.
 1860         Section 29. Section 409.992, Florida Statutes, is amended
 1861  to read:
 1862         409.992 Lead agency expenditures.—
 1863         (1) The procurement of commodities or contractual services
 1864  by lead agencies shall be governed by the financial guidelines
 1865  developed by the department and must comply with applicable
 1866  state and federal law and follow good business practices.
 1867  Pursuant to s. 11.45, the Auditor General may provide technical
 1868  advice in the development of the financial guidelines.
 1869         (2) Notwithstanding any other provision of law, a
 1870  community-based care lead agency may make expenditures for staff
 1871  cellular telephone allowances, contracts requiring deferred
 1872  payments and maintenance agreements, security deposits for
 1873  office leases, related agency professional membership dues other
 1874  than personal professional membership dues, promotional
 1875  materials, and grant writing services. Expenditures for food and
 1876  refreshments, other than those provided to clients in the care
 1877  of the agency or to foster parents, adoptive parents, and
 1878  caseworkers during training sessions, are not allowable.
 1879         (3) Notwithstanding any other provision of law, a
 1880  community-based care lead agency administrative employee may not
 1881  receive a salary, whether base pay or base pay combined with any
 1882  bonus or incentive payments, in excess of the salary paid to the
 1883  secretary of the Department of Children and Families from state
 1884  appropriated funds, including state-appropriated federal funds.
 1885  This subsection does not prohibit any party from providing cash
 1886  that is not from appropriated state funds to a community-based
 1887  care lead agency administrative employee.
 1888         (4)(3) A lead community-based care agency and its
 1889  subcontractors are exempt from state travel policies as provided
 1890  in s. 112.061(3)(a) for their travel expenses incurred in order
 1891  to comply with the requirements of this section.
 1892         Section 30. Paragraph (a) of subsection (7) of section
 1893  456.057, Florida Statutes, is amended to read:
 1894         456.057 Ownership and control of patient records; report or
 1895  copies of records to be furnished; disclosure of information.—
 1896         (7)(a) Except as otherwise provided in this section and in
 1897  s. 440.13(4)(c), such records may not be furnished to, and the
 1898  medical condition of a patient may not be discussed with, any
 1899  person other than the patient, the patient’s legal
 1900  representative, or other health care practitioners and providers
 1901  involved in the patient’s care or treatment, except upon written
 1902  authorization from the patient. However, such records may be
 1903  furnished without written authorization under the following
 1904  circumstances:
 1905         1. To any person, firm, or corporation that has procured or
 1906  furnished such care or treatment with the patient’s consent.
 1907         2. When compulsory physical examination is made pursuant to
 1908  Rule 1.360, Florida Rules of Civil Procedure, in which case
 1909  copies of the medical records shall be furnished to both the
 1910  defendant and the plaintiff.
 1911         3. In any civil or criminal action, unless otherwise
 1912  prohibited by law, upon the issuance of a subpoena from a court
 1913  of competent jurisdiction and proper notice to the patient or
 1914  the patient’s legal representative by the party seeking such
 1915  records.
 1916         4. For statistical and scientific research, provided the
 1917  information is abstracted in such a way as to protect the
 1918  identity of the patient or provided written permission is
 1919  received from the patient or the patient’s legal representative.
 1920         5. To a regional poison control center for purposes of
 1921  treating a poison episode under evaluation, case management of
 1922  poison cases, or compliance with data collection and reporting
 1923  requirements of s. 395.1027 and the professional organization
 1924  that certifies poison control centers in accordance with federal
 1925  law.
 1926         6.To the Department of Children and Families, its agent,
 1927  or its contracted entity, for the purpose of investigations of
 1928  or services for cases of abuse, neglect, or exploitation of
 1929  children or vulnerable adults.
 1930         Section 31. Section 409.141, Florida Statutes, is repealed.
 1931         Section 32. Section 409.1677, Florida Statutes, is
 1932  repealed.
 1933         Section 33. Section 743.067, Florida Statutes, is amended
 1934  to read:
 1935         743.067 Certified unaccompanied homeless youths.—
 1936         (1) For purposes of this section, the term ancertified
 1937  unaccompanied homeless youth” means a minor who is a homeless
 1938  child or youth, including an unaccompanied youth, as those terms
 1939  are defined in 42 U.S.C. s. 11434a., who has been certified as a
 1940  unaccompanied homeless youth by is an individual who is 16 years
 1941  of age or older and is:
 1942         (a) A school district homeless liaison;
 1943         (a) Found by a school district’s liaison for homeless
 1944  children and youths to be an unaccompanied homeless youth
 1945  eligible for services pursuant to the McKinney-Vento Homeless
 1946  Assistance Act, 42 U.S.C. ss. 11431-11435; or
 1947         (b) Believed to qualify as an unaccompanied homeless youth,
 1948  as that term is defined in the McKinney-Vento Homeless
 1949  Assistance Act, by:
 1950         (b)1. The director of an emergency shelter program funded
 1951  by the United States Department of Housing and Urban
 1952  Development, or the director’s designee;
 1953         (c)2. The director of a runaway or homeless youth basic
 1954  center or transitional living program funded by the United
 1955  States Department of Health and Human Services, or the
 1956  director’s designee; or
 1957         (d)A Continuum of Care Lead Agency, or its designee.
 1958         3. A clinical social worker licensed under chapter 491; or
 1959         4. A circuit court.
 1960         (2)(a)The Office on Homelessness within the Department of
 1961  Children and Families shall develop a standardized form that
 1962  must be used by the entities specified in subsection (1) to
 1963  certify qualifying unaccompanied homeless youth. The form must
 1964  include the circumstances that qualify the youth; the date the
 1965  youth was certified; the name, title, and signature of the
 1966  certifying individual; and a citation to this section. A minor
 1967  who qualifies as an unaccompanied homeless youth shall be issued
 1968  a written certificate documenting his or her status by the
 1969  appropriate individual as provided in subsection (1). The
 1970  certificate shall be issued on the official letterhead
 1971  stationery of the person making the determination and shall
 1972  include the date of the finding, a citation to this section, and
 1973  the signature of the individual making the finding.
 1974         (b) A certified unaccompanied homeless youth may use the
 1975  completed form to apply at no charge for an identification card
 1976  issued by the Department of Highway Safety and Motor Vehicles
 1977  pursuant to s. 322.051(9).
 1978         (c) A health care provider may accept the written
 1979  certificate or identification card as proof of the minor’s
 1980  status as a certified an unaccompanied homeless youth and may
 1981  keep a copy of the certificate or identification card in the
 1982  youth’s medical file.
 1983         (3) A certified an unaccompanied homeless youth may:
 1984         (a) Petition the circuit court to have the disabilities of
 1985  nonage removed under s. 743.015. The youth shall qualify as a
 1986  person not required to prepay costs and fees as provided in s.
 1987  57.081. The court shall advance the cause on the calendar.
 1988         (b) Notwithstanding s. 394.4625(1), consent to medical,
 1989  dental, psychological, substance abuse, and surgical diagnosis
 1990  and treatment, including preventative care and care by a
 1991  facility licensed under chapter 394, chapter 395, or chapter 397
 1992  and any forensic medical examination for the purpose of
 1993  investigating any felony offense under chapter 784, chapter 787,
 1994  chapter 794, chapter 800, or chapter 827, for:
 1995         1. Himself or herself; or
 1996         2. His or her child, if the certified unaccompanied
 1997  homeless youth is unmarried, is the parent of the child, and has
 1998  actual custody of the child.
 1999         (4) This section does not affect the requirements of s.
 2000  390.01114.
 2001         Section 34. Paragraph (f) of subsection (1) of section
 2002  1009.25, Florida Statutes, is amended to read:
 2003         1009.25 Fee exemptions.—
 2004         (1) The following students are exempt from the payment of
 2005  tuition and fees, including lab fees, at a school district that
 2006  provides workforce education programs, Florida College System
 2007  institution, or state university:
 2008         (f) A student who lacks a fixed, regular, and adequate
 2009  nighttime residence or whose primary nighttime residence is a
 2010  public or private shelter designed to provide temporary
 2011  residence, a public or private transitional living program for
 2012  individuals intended to be institutionalized, or a public or
 2013  private place not designed for, or ordinarily used as, a regular
 2014  sleeping accommodation for human beings. This includes a student
 2015  who, if it were not for the availability of college or
 2016  university dormitory housing, would be homeless.
 2017         Section 35. Subsection (1) of section 39.524, Florida
 2018  Statutes, is amended to read:
 2019         39.524 Safe-harbor placement.—
 2020         (1) Except as provided in s. 39.407 or s. 985.801, a
 2021  dependent child 6 years of age or older who has been found to be
 2022  a victim of sexual exploitation as defined in s. 39.01 s.
 2023  39.01(70)(g) must be assessed for placement in a safe house or
 2024  safe foster home as provided in s. 409.1678 using the initial
 2025  screening and assessment instruments provided in s. 409.1754(1).
 2026  If such placement is determined to be appropriate for the child
 2027  as a result of this assessment, the child may be placed in a
 2028  safe house or safe foster home, if one is available. However,
 2029  the child may be placed in another setting, if the other setting
 2030  is more appropriate to the child’s needs or if a safe house or
 2031  safe foster home is unavailable, as long as the child’s
 2032  behaviors are managed so as not to endanger other children
 2033  served in that setting.
 2034         Section 36. Paragraph (p) of subsection (4) of section
 2035  394.495, Florida Statutes, is amended to read:
 2036         394.495 Child and adolescent mental health system of care;
 2037  programs and services.—
 2038         (4) The array of services may include, but is not limited
 2039  to:
 2040         (p) Trauma-informed services for children who have suffered
 2041  sexual exploitation as defined in s. 39.01 s. 39.01(70)(g).
 2042         Section 37. Paragraph (c) of subsection (1) and paragraphs
 2043  (a) and (b) of subsection (6) of section 409.1678, Florida
 2044  Statutes, are amended to read:
 2045         409.1678 Specialized residential options for children who
 2046  are victims of sexual exploitation.—
 2047         (1) DEFINITIONS.—As used in this section, the term:
 2048         (c) “Sexually exploited child” means a child who has
 2049  suffered sexual exploitation as defined in s. 39.01 s.
 2050  39.01(70)(g) and is ineligible for relief and benefits under the
 2051  federal Trafficking Victims Protection Act, 22 U.S.C. ss. 7101
 2052  et seq.
 2053         (6) LOCATION INFORMATION.—
 2054         (a) Information about the location of a safe house, safe
 2055  foster home, or other residential facility serving victims of
 2056  sexual exploitation, as defined in s. 39.01 s. 39.01(70)(g),
 2057  which is held by an agency, as defined in s. 119.011, is
 2058  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 2059  of the State Constitution. This exemption applies to such
 2060  confidential and exempt information held by an agency before,
 2061  on, or after the effective date of the exemption.
 2062         (b) Information about the location of a safe house, safe
 2063  foster home, or other residential facility serving victims of
 2064  sexual exploitation, as defined in s. 39.01 s. 39.01(70)(g), may
 2065  be provided to an agency, as defined in s. 119.011, as necessary
 2066  to maintain health and safety standards and to address emergency
 2067  situations in the safe house, safe foster home, or other
 2068  residential facility.
 2069         Section 38. Subsection (5) of section 960.065, Florida
 2070  Statutes, is amended to read:
 2071         960.065 Eligibility for awards.—
 2072         (5) A person is not ineligible for an award pursuant to
 2073  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 2074  person is a victim of sexual exploitation of a child as defined
 2075  in s. 39.01 s. 39.01(70)(g).
 2076         Section 39. Section 409.1679, Florida Statutes, is amended
 2077  to read:
 2078         409.1679 Additional requirements; reimbursement
 2079  methodology.—
 2080         (1) Each program established under s. 409.1676 ss. 409.1676
 2081  and 409.1677 must meet the following expectations, which must be
 2082  included in its contracts with the department or lead agency:
 2083         (a) No more than 10 percent of the children served may move
 2084  from one living environment to another, unless the child is
 2085  returned to family members or is moved, in accordance with the
 2086  treatment plan, to a less-restrictive setting. Each child must
 2087  have a comprehensive transitional plan that identifies the
 2088  child’s living arrangement upon leaving the program and specific
 2089  steps and services that are being provided to prepare for that
 2090  arrangement. Specific expectations as to the time period
 2091  necessary for the achievement of these permanency goals must be
 2092  included in the contract.
 2093         (b) Each child must receive a full academic year of
 2094  appropriate educational instruction. No more than 10 percent of
 2095  the children may be in more than one academic setting in an
 2096  academic year, unless the child is being moved, in accordance
 2097  with an educational plan, to a less-restrictive setting. Each
 2098  child must demonstrate academic progress and must be performing
 2099  at grade level or at a level commensurate with a valid academic
 2100  assessment.
 2101         (c) Siblings must be kept together in the same living
 2102  environment 100 percent of the time, unless that is determined
 2103  by the provider not to be in the children’s best interest. When
 2104  siblings are separated in placement, the decision must be
 2105  reviewed and approved by the court within 30 days.
 2106         (d) The program must experience a caregiver turnover rate
 2107  and an incidence of child runaway episodes which are at least 50
 2108  percent below the rates experienced in the rest of the state.
 2109         (e) In addition to providing a comprehensive assessment,
 2110  the program must provide, 100 percent of the time, any or all of
 2111  the following services that are indicated through the
 2112  assessment: residential care; transportation; behavioral health
 2113  services; recreational activities; clothing, supplies, and
 2114  miscellaneous expenses associated with caring for these
 2115  children; necessary arrangements for or provision of educational
 2116  services; and necessary and appropriate health and dental care.
 2117         (f) The children who are served in this program must be
 2118  satisfied with the services and living environment.
 2119         (g) The caregivers must be satisfied with the program.
 2120         (2) Notwithstanding the provisions of s. 409.141, The
 2121  Department of Children and Families shall fairly and reasonably
 2122  reimburse the programs established under s. 409.1676 ss.
 2123  409.1676 and 409.1677 based on a prospective per diem rate,
 2124  which must be specified annually in the General Appropriations
 2125  Act. Funding for these programs shall be made available from
 2126  resources appropriated and identified in the General
 2127  Appropriations Act.
 2128         Section 40. Subsection (11) of section 1002.3305, Florida
 2129  Statutes, is amended to read:
 2130         1002.3305 College-Preparatory Boarding Academy Pilot
 2131  Program for at-risk students.—
 2132         (11) STUDENT HOUSING.—Notwithstanding s. 409.176 ss.
 2133  409.1677(3)(d) and 409.176 or any other provision of law, an
 2134  operator may house and educate dependent, at-risk youth in its
 2135  residential school for the purpose of facilitating the mission
 2136  of the program and encouraging innovative practices.
 2137         Section 41. For the purpose of incorporating the amendment
 2138  made by this act to section 456.057, Florida Statutes, in a
 2139  reference thereto, subsection (2) of section 483.181, Florida
 2140  Statutes, is reenacted to read:
 2141         483.181 Acceptance, collection, identification, and
 2142  examination of specimens.—
 2143         (2) The results of a test must be reported directly to the
 2144  licensed practitioner or other authorized person who requested
 2145  it, and appropriate disclosure may be made by the clinical
 2146  laboratory without a patient’s consent to other health care
 2147  practitioners and providers involved in the care or treatment of
 2148  the patient as specified in s. 456.057(7)(a). The report must
 2149  include the name and address of the clinical laboratory in which
 2150  the test was actually performed, unless the test was performed
 2151  in a hospital laboratory and the report becomes an integral part
 2152  of the hospital record.
 2153         Section 42. Except as otherwise expressly provided in this
 2154  act, this act shall take effect July 1, 2017.