Florida Senate - 2020                             CS for SB 1548
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Perry and Hutson
       
       
       
       
       586-03120A-20                                         20201548c1
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 25.385,
    3         F.S.; requiring the Florida Court Educational Council
    4         to establish certain standards for instruction of
    5         specified circuit court judges; amending s. 39.205,
    6         F.S.; deleting a requirement for the Department of
    7         Children and Families to report certain information to
    8         the Legislature; amending s. 39.302, F.S.; requiring
    9         the department to review certain reports under certain
   10         circumstances; amending s. 39.407, F.S.; transferring
   11         certain duties to the department from the Agency for
   12         Health Care Administration; creating s. 39.5035, F.S.;
   13         providing court procedures and requirements relating
   14         to deceased parents of a dependent child; providing
   15         requirements for petitions for adjudication and
   16         permanent commitment for certain children; amending s.
   17         39.521, F.S.; deleting provisions relating to
   18         protective supervision; deleting provisions relating
   19         to the court’s authority to enter an order ending its
   20         jurisdiction over a child under certain circumstances;
   21         amending s. 39.522, F.S.; providing requirements for a
   22         modification of placement of a child under the
   23         supervision of the department; amending s. 39.6011,
   24         F.S.; providing timeframes in which case plans must be
   25         filed with the court and be provided to specified
   26         parties; creating s. 39.63, F.S.; providing procedures
   27         and requirements for closing a case under chapter 39;
   28         amending s. 39.806, F.S.; conforming cross-references;
   29         amending s. 39.811, F.S.; expanding conditions under
   30         which a court retains jurisdiction; providing when
   31         certain decisions relating to adoption are reviewable;
   32         amending s. 39.812, F.S.; authorizing the department
   33         to take certain actions without a court order;
   34         authorizing certain persons to file a petition to
   35         adopt a child without the department’s consent;
   36         providing standing requirements; providing a standard
   37         of proof; providing responsibilities of the court in
   38         such cases; amending s. 39.820, F.S.; revising the
   39         definition of the term “guardian ad litem”; amending
   40         s. 63.062, F.S.; requiring the department to consent
   41         to certain adoptions; providing exceptions; amending
   42         s. 63.082, F.S.; providing construction; amending s.
   43         402.302, F.S.; revising definitions; amending s.
   44         402.305, F.S.; requiring a certain number of staff
   45         persons at child care facilities to be certified in
   46         certain safety techniques; requiring child care
   47         facilities to provide certain information to parents
   48         at the time of initial enrollment and annually
   49         thereafter; revising minimum standards for child care
   50         facilities, family day care homes, and large family
   51         child care homes relating to transportation; requiring
   52         child care facilities, family day care homes, and
   53         large family child care homes to be approved by the
   54         department to transport children in certain
   55         situations; amending s. 402.313, F.S.; requiring
   56         family day care homes to provide certain information
   57         to parents at the time of enrollment and annually
   58         thereafter; amending s. 402.3131, F.S.; requiring
   59         large family child care homes to provide certain
   60         information to parents at the time of enrollment and
   61         annually thereafter; amending s. 409.1451, F.S.;
   62         deleting a reporting requirement of the department and
   63         the Independent Living Services Advisory Council;
   64         providing an effective date.
   65          
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Section 25.385, Florida Statutes, is amended to
   69  read:
   70         25.385 Standards for instruction of circuit and county
   71  court judges in handling domestic violence cases.—
   72         (1) The Florida Court Educational Council shall establish
   73  standards for instruction of circuit and county court judges who
   74  have responsibility for domestic violence cases, and the council
   75  shall provide such instruction on a periodic and timely basis.
   76         (2) As used in this section:
   77         (a) The term “domestic violence” has the meaning set forth
   78  in s. 741.28.
   79         (b) “Family or household member” has the meaning set forth
   80  in s. 741.28.
   81         (2)The Florida Court Educational Council shall establish
   82  standards for instruction of circuit court judges who have
   83  responsibility for dependency cases. The standards for
   84  instruction must be consistent with and reinforce the purposes
   85  of chapter 39, with emphasis on ensuring that a permanent
   86  placement is achieved as soon as possible and that a child
   87  should not remain in foster care for longer than 1 year. This
   88  instruction must be provided on a periodic and timely basis and
   89  may be provided by or in consultation with current or retired
   90  judges, the Department of Children and Families, or the
   91  Statewide Guardian Ad Litem Office established in s. 39.8296.
   92         Section 2. Subsection (7) of section 39.205, Florida
   93  Statutes, is amended to read:
   94         39.205 Penalties relating to reporting of child abuse,
   95  abandonment, or neglect.—
   96         (7) The department shall establish procedures for
   97  determining whether a false report of child abuse, abandonment,
   98  or neglect has been made and for submitting all identifying
   99  information relating to such a report to the appropriate law
  100  enforcement agency and shall report annually to the Legislature
  101  the number of reports referred.
  102         Section 3. Subsection (7) of section 39.302, Florida
  103  Statutes, is amended to read:
  104         39.302 Protective investigations of institutional child
  105  abuse, abandonment, or neglect.—
  106         (7) When an investigation of institutional abuse, neglect,
  107  or abandonment is closed and a person is not identified as a
  108  caregiver responsible for the abuse, neglect, or abandonment
  109  alleged in the report, the fact that the person is named in some
  110  capacity in the report may not be used in any way to adversely
  111  affect the interests of that person. This prohibition applies to
  112  any use of the information in employment screening, licensing,
  113  child placement, adoption, or any other decisions by a private
  114  adoption agency or a state agency or its contracted providers.
  115         (a) However, if such a person is a licensee of the
  116  department and is named in any capacity in a report three or
  117  more reports within a 5-year period, the department must may
  118  review the report those reports and determine whether the
  119  information contained in the report reports is relevant for
  120  purposes of determining whether the person’s license should be
  121  renewed or revoked. If the information is relevant to the
  122  decision to renew or revoke the license, the department may rely
  123  on the information contained in the report in making that
  124  decision.
  125         (b) Likewise, if a person is employed as a caregiver in a
  126  residential group home licensed pursuant to s. 409.175 and is
  127  named in any capacity in a report three or more reports within a
  128  5-year period, the department must may review the report all
  129  reports for the purposes of the employment screening as defined
  130  in s. 409.175(2)(m) required pursuant to s. 409.145(2)(e).
  131         Section 4. Subsection (6) of section 39.407, Florida
  132  Statutes, is amended to read:
  133         39.407 Medical, psychiatric, and psychological examination
  134  and treatment of child; physical, mental, or substance abuse
  135  examination of person with or requesting child custody.—
  136         (6) Children who are in the legal custody of the department
  137  may be placed by the department, without prior approval of the
  138  court, in a residential treatment center licensed under s.
  139  394.875 or a hospital licensed under chapter 395 for residential
  140  mental health treatment only as provided in pursuant to this
  141  section or may be placed by the court in accordance with an
  142  order of involuntary examination or involuntary placement
  143  entered under pursuant to s. 394.463 or s. 394.467. All children
  144  placed in a residential treatment program under this subsection
  145  must have a guardian ad litem appointed.
  146         (a) As used in this subsection, the term:
  147         1. “Residential treatment” means placement for observation,
  148  diagnosis, or treatment of an emotional disturbance in a
  149  residential treatment center licensed under s. 394.875 or a
  150  hospital licensed under chapter 395.
  151         2. “Least restrictive alternative” means the treatment and
  152  conditions of treatment that, separately and in combination, are
  153  no more intrusive or restrictive of freedom than reasonably
  154  necessary to achieve a substantial therapeutic benefit or to
  155  protect the child or adolescent or others from physical injury.
  156         3. “Suitable for residential treatment” or “suitability”
  157  means a determination concerning a child or adolescent with an
  158  emotional disturbance as defined in s. 394.492(5) or a serious
  159  emotional disturbance as defined in s. 394.492(6) that each of
  160  the following criteria is met:
  161         a. The child requires residential treatment.
  162         b. The child is in need of a residential treatment program
  163  and is expected to benefit from mental health treatment.
  164         c. An appropriate, less restrictive alternative to
  165  residential treatment is unavailable.
  166         (b) Whenever the department believes that a child in its
  167  legal custody is emotionally disturbed and may need residential
  168  treatment, an examination and suitability assessment must be
  169  conducted by a qualified evaluator who is appointed by the
  170  department Agency for Health Care Administration. This
  171  suitability assessment must be completed before the placement of
  172  the child in a residential treatment center for emotionally
  173  disturbed children and adolescents or a hospital. The qualified
  174  evaluator must be a psychiatrist or a psychologist licensed in
  175  Florida who has at least 3 years of experience in the diagnosis
  176  and treatment of serious emotional disturbances in children and
  177  adolescents and who has no actual or perceived conflict of
  178  interest with any inpatient facility or residential treatment
  179  center or program.
  180         (c) Before a child is admitted under this subsection, the
  181  child shall be assessed for suitability for residential
  182  treatment by a qualified evaluator who has conducted a personal
  183  examination and assessment of the child and has made written
  184  findings that:
  185         1. The child appears to have an emotional disturbance
  186  serious enough to require residential treatment and is
  187  reasonably likely to benefit from the treatment.
  188         2. The child has been provided with a clinically
  189  appropriate explanation of the nature and purpose of the
  190  treatment.
  191         3. All available modalities of treatment less restrictive
  192  than residential treatment have been considered, and a less
  193  restrictive alternative that would offer comparable benefits to
  194  the child is unavailable.
  195  
  196  A copy of the written findings of the evaluation and suitability
  197  assessment must be provided to the department, to the guardian
  198  ad litem, and, if the child is a member of a Medicaid managed
  199  care plan, to the plan that is financially responsible for the
  200  child’s care in residential treatment, all of whom must be
  201  provided with the opportunity to discuss the findings with the
  202  evaluator.
  203         (d) Immediately upon placing a child in a residential
  204  treatment program under this section, the department must notify
  205  the guardian ad litem and the court having jurisdiction over the
  206  child and must provide the guardian ad litem and the court with
  207  a copy of the assessment by the qualified evaluator.
  208         (e) Within 10 days after the admission of a child to a
  209  residential treatment program, the director of the residential
  210  treatment program or the director’s designee must ensure that an
  211  individualized plan of treatment has been prepared by the
  212  program and has been explained to the child, to the department,
  213  and to the guardian ad litem, and submitted to the department.
  214  The child must be involved in the preparation of the plan to the
  215  maximum feasible extent consistent with his or her ability to
  216  understand and participate, and the guardian ad litem and the
  217  child’s foster parents must be involved to the maximum extent
  218  consistent with the child’s treatment needs. The plan must
  219  include a preliminary plan for residential treatment and
  220  aftercare upon completion of residential treatment. The plan
  221  must include specific behavioral and emotional goals against
  222  which the success of the residential treatment may be measured.
  223  A copy of the plan must be provided to the child, to the
  224  guardian ad litem, and to the department.
  225         (f) Within 30 days after admission, the residential
  226  treatment program must review the appropriateness and
  227  suitability of the child’s placement in the program. The
  228  residential treatment program must determine whether the child
  229  is receiving benefit toward the treatment goals and whether the
  230  child could be treated in a less restrictive treatment program.
  231  The residential treatment program shall prepare a written report
  232  of its findings and submit the report to the guardian ad litem
  233  and to the department. The department must submit the report to
  234  the court. The report must include a discharge plan for the
  235  child. The residential treatment program must continue to
  236  evaluate the child’s treatment progress every 30 days thereafter
  237  and must include its findings in a written report submitted to
  238  the department. The department may not reimburse a facility
  239  until the facility has submitted every written report that is
  240  due.
  241         (g)1. The department must submit, at the beginning of each
  242  month, to the court having jurisdiction over the child, a
  243  written report regarding the child’s progress toward achieving
  244  the goals specified in the individualized plan of treatment.
  245         2. The court must conduct a hearing to review the status of
  246  the child’s residential treatment plan no later than 60 days
  247  after the child’s admission to the residential treatment
  248  program. An independent review of the child’s progress toward
  249  achieving the goals and objectives of the treatment plan must be
  250  completed by a qualified evaluator and submitted to the court
  251  before its 60-day review.
  252         3. For any child in residential treatment at the time a
  253  judicial review is held pursuant to s. 39.701, the child’s
  254  continued placement in residential treatment must be a subject
  255  of the judicial review.
  256         4. If at any time the court determines that the child is
  257  not suitable for continued residential treatment, the court
  258  shall order the department to place the child in the least
  259  restrictive setting that is best suited to meet his or her
  260  needs.
  261         (h) After the initial 60-day review, the court must conduct
  262  a review of the child’s residential treatment plan every 90
  263  days.
  264         (i) The department must adopt rules for implementing
  265  timeframes for the completion of suitability assessments by
  266  qualified evaluators and a procedure that includes timeframes
  267  for completing the 60-day independent review by the qualified
  268  evaluators of the child’s progress toward achieving the goals
  269  and objectives of the treatment plan which review must be
  270  submitted to the court. The Agency for Health Care
  271  Administration must adopt rules for the registration of
  272  qualified evaluators, the procedure for selecting the evaluators
  273  to conduct the reviews required under this section, and a
  274  reasonable, cost-efficient fee schedule for qualified
  275  evaluators.
  276         Section 5. Section 39.5035, Florida Statutes, is created to
  277  read:
  278         39.5035Deceased parents; special procedures.—
  279         (1)(a)1.If both parents of a child are deceased and a
  280  legal custodian has not been appointed for the child through a
  281  probate or guardianship proceeding, then an attorney for the
  282  department or any other person, who has knowledge of the facts
  283  whether alleged or is informed of the alleged facts and believes
  284  them to be true, may initiate a proceeding by filing a petition
  285  for adjudication and permanent commitment.
  286         2.If a child has been placed in shelter status by order of
  287  the court but has not yet been adjudicated, a petition for
  288  adjudication and permanent commitment must be filed within 21
  289  days after the shelter hearing. In all other cases, the petition
  290  must be filed within a reasonable time after the date the child
  291  was referred to protective investigation or after the petitioner
  292  first becomes aware of the facts that support the petition for
  293  adjudication and permanent commitment.
  294         (b)If both parents or the last living parent dies after a
  295  child has already been adjudicated dependent, an attorney for
  296  the department or any other person who has knowledge of the
  297  facts alleged or is informed of the alleged facts and believes
  298  them to be true may file a petition for permanent commitment.
  299         (2)The petition:
  300         (a)Must be in writing, identify the alleged deceased
  301  parents, and provide facts that establish that both parents of
  302  the child are deceased and that a legal custodian has not been
  303  appointed for the child through a probate or guardianship
  304  proceeding.
  305         (b)Must be signed by the petitioner under oath stating the
  306  petitioner’s good faith in filing the petition.
  307         (3)When a petition for adjudication and permanent
  308  commitment or a petition for permanent commitment has been
  309  filed, the clerk of court shall set the case before the court
  310  for an adjudicatory hearing. The adjudicatory hearing must be
  311  held as soon as practicable after the petition is filed, but no
  312  later than 30 days after the filing date.
  313         (4)Notice of the date, time, and place of the adjudicatory
  314  hearing and a copy of the petition must be served on the
  315  following persons:
  316         (a)Any person who has physical custody of the child.
  317         (b)A living relative of each parent of the child, unless a
  318  living relative cannot be found after a diligent search and
  319  inquiry.
  320         (c)The guardian ad litem for the child or the
  321  representative of the guardian ad litem program, if the program
  322  has been appointed.
  323         (5)Adjudicatory hearings shall be conducted by the judge
  324  without a jury, applying the rules of evidence in use in civil
  325  cases and adjourning the hearings from time to time as
  326  necessary. At the hearing, the judge must determine whether the
  327  petitioner has established by clear and convincing evidence that
  328  both parents of the child are deceased and that a legal
  329  custodian has not been appointed for the child through a probate
  330  or guardianship proceeding. A certified copy of the death
  331  certificate for each parent is sufficient evidence of proof of
  332  the parents’ deaths.
  333         (6)Within 30 days after an adjudicatory hearing on a
  334  petition for adjudication and permanent commitment:
  335         (a)If the court finds that the petitioner has met the
  336  clear and convincing standard, the court shall enter a written
  337  order adjudicating the child dependent and permanently
  338  committing the child to the custody of the department for the
  339  purpose of adoption. A disposition hearing shall be scheduled no
  340  later than 30 days after the entry of the order, in which the
  341  department shall provide a case plan that identifies the
  342  permanency goal for the child to the court. Reasonable efforts
  343  must be made to place the child in a timely manner in accordance
  344  with the permanency plan and to complete all steps necessary to
  345  finalize the permanent placement of the child. Thereafter, until
  346  the adoption of the child is finalized or the child reaches the
  347  age of 18 years, whichever occurs first, the court shall hold
  348  hearings every 6 months to review the progress being made toward
  349  permanency for the child.
  350         (b)If the court finds that clear and convincing evidence
  351  does not establish that both parents of a child are deceased and
  352  that a legal custodian has not been appointed for the child
  353  through a probate or guardianship proceeding, but that a
  354  preponderance of the evidence establishes that the child does
  355  not have a parent or legal custodian capable of providing
  356  supervision or care, the court shall enter a written order
  357  adjudicating the child dependent. A disposition hearing shall be
  358  scheduled no later than 30 days after the entry of the order as
  359  provided in s. 39.521.
  360         (c)If the court finds that clear and convincing evidence
  361  does not establish that both parents of a child are deceased and
  362  that a legal custodian has not been appointed for the child
  363  through a probate or guardianship proceeding and that a
  364  preponderance of the evidence does not establish that the child
  365  does not have a parent or legal custodian capable of providing
  366  supervision or care, the court shall enter a written order so
  367  finding and dismissing the petition.
  368         (7)Within 30 days after an adjudicatory hearing on a
  369  petition for permanent commitment:
  370         (a)If the court finds that the petitioner has met the
  371  clear and convincing standard, the court shall enter a written
  372  order permanently committing the child to the custody of the
  373  department for purposes of adoption. A disposition hearing shall
  374  be scheduled no later than 30 days after the entry of the order,
  375  in which the department shall provide an amended case plan that
  376  identifies the permanency goal for the child to the court.
  377  Reasonable efforts must be made to place the child in a timely
  378  manner in accordance with the permanency plan and to complete
  379  all steps necessary to finalize the permanent placement of the
  380  child. Thereafter, until the adoption of the child is finalized
  381  or the child reaches the age of 18 years, whichever occurs
  382  first, the court shall hold hearings every 6 months to review
  383  the progress being made toward permanency for the child.
  384         (b)If the court finds that clear and convincing evidence
  385  does not establish that both parents of a child are deceased and
  386  that a legal custodian has not been appointed for the child
  387  through a probate or guardianship proceeding, the court shall
  388  enter a written order denying the petition. The order has no
  389  effect on the child’s prior adjudication. The order does not bar
  390  the petitioner from filing a subsequent petition for permanent
  391  commitment based on newly discovered evidence that establishes
  392  that both parents of a child are deceased and that a legal
  393  custodian has not been appointed for the child through a probate
  394  or guardianship proceeding.
  395         Section 6. Paragraph (c) of subsection (1) and subsections
  396  (3) and (7) of section 39.521, Florida Statutes, are amended to
  397  read:
  398         39.521 Disposition hearings; powers of disposition.—
  399         (1) A disposition hearing shall be conducted by the court,
  400  if the court finds that the facts alleged in the petition for
  401  dependency were proven in the adjudicatory hearing, or if the
  402  parents or legal custodians have consented to the finding of
  403  dependency or admitted the allegations in the petition, have
  404  failed to appear for the arraignment hearing after proper
  405  notice, or have not been located despite a diligent search
  406  having been conducted.
  407         (c) When any child is adjudicated by a court to be
  408  dependent, the court having jurisdiction of the child has the
  409  power by order to:
  410         1. Require the parent and, when appropriate, the legal
  411  guardian or the child to participate in treatment and services
  412  identified as necessary. The court may require the person who
  413  has custody or who is requesting custody of the child to submit
  414  to a mental health or substance abuse disorder assessment or
  415  evaluation. The order may be made only upon good cause shown and
  416  pursuant to notice and procedural requirements provided under
  417  the Florida Rules of Juvenile Procedure. The mental health
  418  assessment or evaluation must be administered by a qualified
  419  professional as defined in s. 39.01, and the substance abuse
  420  assessment or evaluation must be administered by a qualified
  421  professional as defined in s. 397.311. The court may also
  422  require such person to participate in and comply with treatment
  423  and services identified as necessary, including, when
  424  appropriate and available, participation in and compliance with
  425  a mental health court program established under chapter 394 or a
  426  treatment-based drug court program established under s. 397.334.
  427  Adjudication of a child as dependent based upon evidence of harm
  428  as defined in s. 39.01(35)(g) demonstrates good cause, and the
  429  court shall require the parent whose actions caused the harm to
  430  submit to a substance abuse disorder assessment or evaluation
  431  and to participate and comply with treatment and services
  432  identified in the assessment or evaluation as being necessary.
  433  In addition to supervision by the department, the court,
  434  including the mental health court program or the treatment-based
  435  drug court program, may oversee the progress and compliance with
  436  treatment by a person who has custody or is requesting custody
  437  of the child. The court may impose appropriate available
  438  sanctions for noncompliance upon a person who has custody or is
  439  requesting custody of the child or make a finding of
  440  noncompliance for consideration in determining whether an
  441  alternative placement of the child is in the child’s best
  442  interests. Any order entered under this subparagraph may be made
  443  only upon good cause shown. This subparagraph does not authorize
  444  placement of a child with a person seeking custody of the child,
  445  other than the child’s parent or legal custodian, who requires
  446  mental health or substance abuse disorder treatment.
  447         2. Require, if the court deems necessary, the parties to
  448  participate in dependency mediation.
  449         3. Require placement of the child either under the
  450  protective supervision of an authorized agent of the department
  451  in the home of one or both of the child’s parents or in the home
  452  of a relative of the child or another adult approved by the
  453  court, or in the custody of the department. Protective
  454  supervision continues until the court terminates it or until the
  455  child reaches the age of 18, whichever date is first. Protective
  456  supervision shall be terminated by the court whenever the court
  457  determines that permanency has been achieved for the child,
  458  whether with a parent, another relative, or a legal custodian,
  459  and that protective supervision is no longer needed. The
  460  termination of supervision may be with or without retaining
  461  jurisdiction, at the court’s discretion, and shall in either
  462  case be considered a permanency option for the child. The order
  463  terminating supervision by the department must set forth the
  464  powers of the custodian of the child and include the powers
  465  ordinarily granted to a guardian of the person of a minor unless
  466  otherwise specified. Upon the court’s termination of supervision
  467  by the department, further judicial reviews are not required if
  468  permanency has been established for the child.
  469         4. Determine whether the child has a strong attachment to
  470  the prospective permanent guardian and whether such guardian has
  471  a strong commitment to permanently caring for the child.
  472         (3) When any child is adjudicated by a court to be
  473  dependent, the court shall determine the appropriate placement
  474  for the child as follows:
  475         (a) If the court determines that the child can safely
  476  remain in the home with the parent with whom the child was
  477  residing at the time the events or conditions arose that brought
  478  the child within the jurisdiction of the court and that
  479  remaining in this home is in the best interest of the child,
  480  then the court shall order conditions under which the child may
  481  remain or return to the home and that this placement be under
  482  the protective supervision of the department for not less than 6
  483  months.
  484         (b) If there is a parent with whom the child was not
  485  residing at the time the events or conditions arose that brought
  486  the child within the jurisdiction of the court who desires to
  487  assume custody of the child, the court shall place the child
  488  with that parent upon completion of a home study, unless the
  489  court finds that such placement would endanger the safety, well
  490  being, or physical, mental, or emotional health of the child.
  491  Any party with knowledge of the facts may present to the court
  492  evidence regarding whether the placement will endanger the
  493  safety, well-being, or physical, mental, or emotional health of
  494  the child. If the court places the child with such parent, it
  495  may do either of the following:
  496         1. Order that the parent assume sole custodial
  497  responsibilities for the child. The court may also provide for
  498  reasonable visitation by the noncustodial parent. The court may
  499  then terminate its jurisdiction over the child.
  500         2. Order that the parent assume custody subject to the
  501  jurisdiction of the circuit court hearing dependency matters.
  502  The court may order that reunification services be provided to
  503  the parent from whom the child has been removed, that services
  504  be provided solely to the parent who is assuming physical
  505  custody in order to allow that parent to retain later custody
  506  without court jurisdiction, or that services be provided to both
  507  parents, in which case the court shall determine at every review
  508  hearing which parent, if either, shall have custody of the
  509  child. The standard for changing custody of the child from one
  510  parent to another or to a relative or another adult approved by
  511  the court shall be the best interest of the child.
  512         (c) If no fit parent is willing or available to assume care
  513  and custody of the child, place the child in the temporary legal
  514  custody of an adult relative, the adoptive parent of the child’s
  515  sibling, or another adult approved by the court who is willing
  516  to care for the child, under the protective supervision of the
  517  department. The department must supervise this placement until
  518  the child reaches permanency status in this home, and in no case
  519  for a period of less than 6 months. Permanency in a relative
  520  placement shall be by adoption, long-term custody, or
  521  guardianship.
  522         (d) If the child cannot be safely placed in a nonlicensed
  523  placement, the court shall commit the child to the temporary
  524  legal custody of the department. Such commitment invests in the
  525  department all rights and responsibilities of a legal custodian.
  526  The department may shall not return any child to the physical
  527  care and custody of the person from whom the child was removed,
  528  except for court-approved visitation periods, without the
  529  approval of the court. Any order for visitation or other contact
  530  must conform to the provisions of s. 39.0139. The term of such
  531  commitment continues until terminated by the court or until the
  532  child reaches the age of 18. After the child is committed to the
  533  temporary legal custody of the department, all further
  534  proceedings under this section are governed by this chapter.
  535  
  536  Protective supervision continues until the court terminates it
  537  or until the child reaches the age of 18, whichever date is
  538  first. Protective supervision shall be terminated by the court
  539  whenever the court determines that permanency has been achieved
  540  for the child, whether with a parent, another relative, or a
  541  legal custodian, and that protective supervision is no longer
  542  needed. The termination of supervision may be with or without
  543  retaining jurisdiction, at the court’s discretion, and shall in
  544  either case be considered a permanency option for the child. The
  545  order terminating supervision by the department shall set forth
  546  the powers of the custodian of the child and shall include the
  547  powers ordinarily granted to a guardian of the person of a minor
  548  unless otherwise specified. Upon the court’s termination of
  549  supervision by the department, no further judicial reviews are
  550  required, so long as permanency has been established for the
  551  child.
  552         (7)The court may enter an order ending its jurisdiction
  553  over a child when a child has been returned to the parents,
  554  provided the court shall not terminate its jurisdiction or the
  555  department’s supervision over the child until 6 months after the
  556  child’s return. The department shall supervise the placement of
  557  the child after reunification for at least 6 months with each
  558  parent or legal custodian from whom the child was removed. The
  559  court shall determine whether its jurisdiction should be
  560  continued or terminated in such a case based on a report of the
  561  department or agency or the child’s guardian ad litem, and any
  562  other relevant factors; if its jurisdiction is to be terminated,
  563  the court shall enter an order to that effect.
  564         Section 7. Section 39.522, Florida Statutes, is amended to
  565  read:
  566         39.522 Postdisposition change of custody.—The court may
  567  change the temporary legal custody or the conditions of
  568  protective supervision at a postdisposition hearing, without the
  569  necessity of another adjudicatory hearing. If a child has been
  570  returned to the parent and is under protective supervision by
  571  the department and the child is later removed again from the
  572  parent’s custody, any modifications of placement shall be done
  573  under this section.
  574         (1)At any time, an authorized agent of the department or a
  575  law enforcement officer may remove a child from a court-ordered
  576  placement and take the child into custody if the child’s current
  577  caregiver requests immediate removal of the child from the home
  578  or if there is probable cause as required in s. 39.401(1)(b).
  579  The department shall file a motion to modify placement within 1
  580  business day after the child is taken into custody. Unless all
  581  parties agree to the change of placement, the court must set a
  582  hearing within 24 hours after the filing of the motion. At the
  583  hearing, the court shall determine whether the department has
  584  established probable cause to support the immediate removal of
  585  the child from his or her current placement. The court may base
  586  its determination on a sworn petition, testimony, or an
  587  affidavit and may hear all relevant and material evidence,
  588  including oral or written reports, to the extent of its
  589  probative value even though it would not be competent evidence
  590  at an adjudicatory hearing. If the court finds that probable
  591  cause is not established to support the removal of the child
  592  from the placement, the court shall order that the child be
  593  returned to his or her current placement. If the caregiver
  594  admits to a need for a change of placement or probable cause is
  595  established to support the removal, the court shall enter an
  596  order changing the placement of the child. If the child is not
  597  placed in foster care, then the new placement for the child must
  598  meet the home study criteria in chapter 39. If the child’s
  599  placement is modified based on a probable cause finding, the
  600  court must conduct a subsequent evidentiary hearing, unless
  601  waived by all parties, on the motion to determine whether the
  602  department has established by a preponderance of the evidence
  603  that maintaining the new placement of the child is in the best
  604  interest of the child. The court shall consider the continuity
  605  of the child’s placement in the same out-of-home residence as a
  606  factor when determining the best interests of the child.
  607         (2)(1) At any time before a child is residing in the
  608  permanent placement approved at the permanency hearing, a child
  609  who has been placed in the child’s own home under the protective
  610  supervision of an authorized agent of the department, in the
  611  home of a relative, in the home of a legal custodian, or in some
  612  other place may be brought before the court by the department or
  613  by any other party interested person, upon the filing of a
  614  petition motion alleging a need for a change in the conditions
  615  of protective supervision or the placement. If the parents or
  616  other legal custodians deny the need for a change, the court
  617  shall hear all parties in person or by counsel, or both. Upon
  618  the admission of a need for a change or after such hearing, the
  619  court shall enter an order changing the placement, modifying the
  620  conditions of protective supervision, or continuing the
  621  conditions of protective supervision as ordered. The standard
  622  for changing custody of the child is determined by a
  623  preponderance of the evidence that establishes that a change is
  624  in shall be the best interest of the child. When applying this
  625  standard, the court shall consider the continuity of the child’s
  626  placement in the same out-of-home residence as a factor when
  627  determining the best interests of the child. If the child is not
  628  placed in foster care, then the new placement for the child must
  629  meet the home study criteria and court approval under pursuant
  630  to this chapter.
  631         (3)(2) In cases where the issue before the court is whether
  632  a child should be reunited with a parent, the court shall review
  633  the conditions for return and determine whether the
  634  circumstances that caused the out-of-home placement and issues
  635  subsequently identified have been remedied to the extent that
  636  the return of the child to the home with an in-home safety plan
  637  prepared or approved by the department will not be detrimental
  638  to the child’s safety, well-being, and physical, mental, and
  639  emotional health.
  640         (4)(3) In cases where the issue before the court is whether
  641  a child who is placed in the custody of a parent should be
  642  reunited with the other parent upon a finding that the
  643  circumstances that caused the out-of-home placement and issues
  644  subsequently identified have been remedied to the extent that
  645  the return of the child to the home of the other parent with an
  646  in-home safety plan prepared or approved by the department will
  647  not be detrimental to the child, the standard shall be that the
  648  safety, well-being, and physical, mental, and emotional health
  649  of the child would not be endangered by reunification and that
  650  reunification would be in the best interest of the child.
  651         Section 8. Subsection (8) of section 39.6011, Florida
  652  Statutes, is amended to read:
  653         39.6011 Case plan development.—
  654         (8) The case plan must be filed with the court and copies
  655  provided to all parties, including the child if appropriate:,
  656  not less than 3 business days before the disposition hearing.
  657         (a)Not less than 72 hours before the disposition hearing,
  658  if the disposition hearing occurs on or after the 60th day after
  659  the date the child was placed in out-of-home care; or
  660         (b)Not less than 72 hours before the case plan acceptance
  661  hearing, if the disposition hearing occurs before the 60th day
  662  after the date the child was placed in out-of-home care and a
  663  case plan has not been submitted under this subsection, or if
  664  the court does not approve the case plan at the disposition
  665  hearing.
  666         Section 9. Section 39.63, Florida Statutes, is created to
  667  read:
  668         39.63Case closure.—Unless s. 39.6251 applies, the court
  669  shall close the judicial case for all proceedings under this
  670  chapter by terminating protective supervision and its
  671  jurisdiction as provided in this section.
  672         (1)If a child is placed under the protective supervision
  673  of the department, the protective supervision continues until
  674  such supervision is terminated by the court or until the child
  675  reaches the age of 18, whichever occurs first. The court shall
  676  terminate protective supervision when it determines that
  677  permanency has been achieved for the child and supervision is no
  678  longer needed. If the court adopts a permanency goal of
  679  reunification with a parent or legal custodian from whom the
  680  child was initially removed, the court must retain jurisdiction
  681  and the department must supervise the placement for a minimum of
  682  6 months after reunification. The court shall determine whether
  683  its jurisdiction should be continued or terminated based on a
  684  report of the department or the child’s guardian ad litem. The
  685  termination of supervision may be with or without retaining
  686  jurisdiction, at the court’s discretion.
  687         (2)The order terminating protective supervision must set
  688  forth the powers of the legal custodian of the child and include
  689  the powers originally granted to a guardian of the person of a
  690  minor unless otherwise specified.
  691         (3)Upon the court’s termination of supervision by the
  692  department, further judicial reviews are not required.
  693         (4)The court must enter a written order terminating its
  694  jurisdiction over a child when the child is returned to his or
  695  her parent. However, the court must retain jurisdiction over the
  696  child for a minimum of 6 months after reunification and may not
  697  terminate its jurisdiction until the court determines that
  698  protective supervision is no longer needed.
  699         (5)If a child was not removed from the home, the court
  700  must enter a written order terminating its jurisdiction over the
  701  child when the court determines that permanency has been
  702  achieved.
  703         (6)If a child is placed in the custody of a parent and the
  704  court determines that reasonable efforts to reunify the child
  705  with the other parent are not required, the court may, at any
  706  time, order that the custodial parent assume sole custodial
  707  responsibilities for the child, provide for reasonable
  708  visitation by the noncustodial parent, and terminate its
  709  jurisdiction over the child. If the court previously approved a
  710  case plan that requires services to be provided to the
  711  noncustodial parent, the court may not terminate its
  712  jurisdiction before the case plan expires unless the court finds
  713  by a preponderance of the evidence that it is not likely that
  714  the child will be reunified with the noncustodial parent within
  715  12 months after the child was removed from the home.
  716         (7)When a child has been adopted under a chapter 63
  717  proceeding, the court must enter a written order terminating its
  718  jurisdiction over the child in the chapter 39 proceeding.
  719         Section 10. Paragraph (e) of subsection (1) and subsection
  720  (2) of section 39.806, Florida Statutes, are amended to read:
  721         39.806 Grounds for termination of parental rights.—
  722         (1) Grounds for the termination of parental rights may be
  723  established under any of the following circumstances:
  724         (e) When a child has been adjudicated dependent, a case
  725  plan has been filed with the court, and:
  726         1. The child continues to be abused, neglected, or
  727  abandoned by the parent or parents. The failure of the parent or
  728  parents to substantially comply with the case plan for a period
  729  of 12 months after an adjudication of the child as a dependent
  730  child or the child’s placement into shelter care, whichever
  731  occurs first, constitutes evidence of continuing abuse, neglect,
  732  or abandonment unless the failure to substantially comply with
  733  the case plan was due to the parent’s lack of financial
  734  resources or to the failure of the department to make reasonable
  735  efforts to reunify the parent and child. The 12-month period
  736  begins to run only after the child’s placement into shelter care
  737  or the entry of a disposition order placing the custody of the
  738  child with the department or a person other than the parent and
  739  the court’s approval of a case plan having the goal of
  740  reunification with the parent, whichever occurs first; or
  741         2. The parent or parents have materially breached the case
  742  plan by their action or inaction. Time is of the essence for
  743  permanency of children in the dependency system. In order to
  744  prove the parent or parents have materially breached the case
  745  plan, the court must find by clear and convincing evidence that
  746  the parent or parents are unlikely or unable to substantially
  747  comply with the case plan before time to comply with the case
  748  plan expires; or.
  749         3. The child has been in care for any 12 of the last 22
  750  months and the parents have not substantially complied with the
  751  case plan so as to permit reunification under s. 39.522(3) s.
  752  39.522(2) unless the failure to substantially comply with the
  753  case plan was due to the parent’s lack of financial resources or
  754  to the failure of the department to make reasonable efforts to
  755  reunify the parent and child.
  756         (2) Reasonable efforts to preserve and reunify families are
  757  not required if a court of competent jurisdiction has determined
  758  that any of the events described in paragraphs (1)(b)-(d) or
  759  paragraphs (1)(f)-(n) (1)(f)-(m) have occurred.
  760         Section 11. Subsection (9) of section 39.811, Florida
  761  Statutes, is amended to read:
  762         39.811 Powers of disposition; order of disposition.—
  763         (9) After termination of parental rights or a written order
  764  of permanent commitment entered under s. 39.5035, the court
  765  shall retain jurisdiction over any child for whom custody is
  766  given to a social service agency until the child is adopted. The
  767  court shall review the status of the child’s placement and the
  768  progress being made toward permanent adoptive placement. As part
  769  of this continuing jurisdiction, for good cause shown by the
  770  guardian ad litem for the child, the court may review the
  771  appropriateness of the adoptive placement of the child. The
  772  department’s decision to deny an application to adopt a child
  773  who is under the court’s jurisdiction is reviewable only through
  774  a motion to file a chapter 63 petition as provided in s.
  775  39.812(4), and is not subject to chapter 120.
  776         Section 12. Subsections (1), (4), and (5) of section
  777  39.812, Florida Statutes, are amended to read:
  778         39.812 Postdisposition relief; petition for adoption.—
  779         (1) If the department is given custody of a child for
  780  subsequent adoption in accordance with this chapter, the
  781  department may place the child with an agency as defined in s.
  782  63.032, with a child-caring agency registered under s. 409.176,
  783  or in a family home for prospective subsequent adoption without
  784  the need for a court order unless otherwise required under this
  785  section. The department may allow prospective adoptive parents
  786  to visit with a child in the department’s custody without a
  787  court order to determine whether the adoptive placement would be
  788  appropriate. The department may thereafter become a party to any
  789  proceeding for the legal adoption of the child and appear in any
  790  court where the adoption proceeding is pending and consent to
  791  the adoption, and that consent alone shall in all cases be
  792  sufficient.
  793         (4) The court shall retain jurisdiction over any child
  794  placed in the custody of the department until the case is closed
  795  as provided in s. 39.63 the child is adopted. After custody of a
  796  child for subsequent adoption has been given to the department,
  797  the court has jurisdiction for the purpose of reviewing the
  798  status of the child and the progress being made toward permanent
  799  adoptive placement. As part of this continuing jurisdiction, for
  800  good cause shown by the guardian ad litem for the child, the
  801  court may review the appropriateness of the adoptive placement
  802  of the child.
  803         (a)If the department has denied a person’s application to
  804  adopt a child, the denied applicant may file a motion with the
  805  court within 30 days after the issuance of the written
  806  notification of denial to allow him or her to file a chapter 63
  807  petition to adopt a child without the department’s consent. The
  808  denied applicant must allege in its motion that the department
  809  unreasonably withheld its consent to the adoption. The court, as
  810  part of its continuing jurisdiction, may review and rule on the
  811  motion.
  812         1.The denied applicant only has standing in the chapter 39
  813  proceeding to file the motion in paragraph (a) and to present
  814  evidence in support of the motion at a hearing, which must be
  815  held within 30 days after the filing of the motion.
  816         2.At the hearing on the motion, the court may only
  817  consider whether the department’s review of the application was
  818  consistent with its policies and made in an expeditious manner.
  819  The standard of review by the court is whether the department’s
  820  denial of the application is an abuse of discretion. The court
  821  may not compare the denied applicant against another applicant
  822  to determine which placement is in the best interests of the
  823  child.
  824         3.If the denied applicant establishes by a preponderance
  825  of the evidence that the department unreasonably withheld its
  826  consent, the court shall enter an order authorizing the denied
  827  applicant to file a petition to adopt the child under chapter 63
  828  without the department’s consent.
  829         4.If the denied applicant does not prove by a
  830  preponderance of the evidence that the department unreasonably
  831  withheld its consent, the court shall enter an order so finding
  832  and dismiss the motion.
  833         5.The standing of the denied applicant in the chapter 39
  834  proceeding is terminated upon entry of the court’s order.
  835         (b) When a licensed foster parent or court-ordered
  836  custodian has applied to adopt a child who has resided with the
  837  foster parent or custodian for at least 6 months and who has
  838  previously been permanently committed to the legal custody of
  839  the department and the department does not grant the application
  840  to adopt, the department may not, in the absence of a prior
  841  court order authorizing it to do so, remove the child from the
  842  foster home or custodian, except when:
  843         1.(a) There is probable cause to believe that the child is
  844  at imminent risk of abuse or neglect;
  845         2.(b) Thirty days have expired following written notice to
  846  the foster parent or custodian of the denial of the application
  847  to adopt, within which period no formal challenge of the
  848  department’s decision has been filed; or
  849         3.(c) The foster parent or custodian agrees to the child’s
  850  removal; or.
  851         4.The department has selected another prospective adoptive
  852  parent to adopt the child and either the foster parent or
  853  custodian has not filed a motion with the court to allow him or
  854  her to file a chapter 63 petition to adopt a child without the
  855  department’s consent, as provided under paragraph (a), or the
  856  court has denied such a motion.
  857         (5) The petition for adoption must be filed in the division
  858  of the circuit court which entered the judgment terminating
  859  parental rights, unless a motion for change of venue is granted
  860  under pursuant to s. 47.122. A copy of the consent executed by
  861  the department must be attached to the petition, unless such
  862  consent is waived under subsection (4) pursuant to s. 63.062(7).
  863  The petition must be accompanied by a statement, signed by the
  864  prospective adoptive parents, acknowledging receipt of all
  865  information required to be disclosed under s. 63.085 and a form
  866  provided by the department which details the social and medical
  867  history of the child and each parent and includes the social
  868  security number and date of birth for each parent, if such
  869  information is available or readily obtainable. The prospective
  870  adoptive parents may not file a petition for adoption until the
  871  judgment terminating parental rights becomes final. An adoption
  872  proceeding under this subsection is governed by chapter 63.
  873         Section 13. Section 39.820, Florida Statutes, is amended to
  874  read:
  875         39.820 Definitions.—As used in this chapter part, the term:
  876         (1) “Guardian ad litem” as referred to in any civil or
  877  criminal proceeding includes the following: The Statewide
  878  Guardian Ad Litem Office, which includes circuit a certified
  879  guardian ad litem programs; program, a duly certified volunteer,
  880  a staff member, a staff attorney, a contract attorney, or
  881  certified a pro bono attorney working on behalf of a guardian ad
  882  litem or the program; staff members of a program office; a
  883  court-appointed attorney; or a responsible adult who is
  884  appointed by the court to represent the best interests of a
  885  child in a proceeding as provided for by law, including, but not
  886  limited to, this chapter, who is a party to any judicial
  887  proceeding as a representative of the child, and who serves
  888  until discharged by the court.
  889         (2) “Guardian advocate” means a person appointed by the
  890  court to act on behalf of a drug dependent newborn pursuant to
  891  the provisions of this part.
  892         Section 14. Subsection (7) of section 63.062, Florida
  893  Statutes, is amended to read:
  894         63.062 Persons required to consent to adoption; affidavit
  895  of nonpaternity; waiver of venue.—
  896         (7) If parental rights to the minor have previously been
  897  terminated, the adoption entity with which the minor has been
  898  placed for subsequent adoption may provide consent to the
  899  adoption. In such case, no other consent is required. If the
  900  minor has been permanently committed to the department for
  901  subsequent adoption, the department must consent to the adoption
  902  or, in the alternative, the court order entered under s.
  903  39.812(4) finding that the department The consent of the
  904  department shall be waived upon a determination by the court
  905  that such consent is being unreasonably withheld its consent
  906  must be attached to the petition to adopt, and if the petitioner
  907  must file has filed with the court a favorable preliminary
  908  adoptive home study as required under s. 63.092.
  909         Section 15. Paragraph (b) of subsection (6) of section
  910  63.082, Florida Statutes, is amended to read:
  911         63.082 Execution of consent to adoption or affidavit of
  912  nonpaternity; family social and medical history; revocation of
  913  consent.—
  914         (6)
  915         (b) Upon execution of the consent of the parent, the
  916  adoption entity must shall be permitted to intervene in the
  917  dependency case as a party in interest and must provide the
  918  court that acquired jurisdiction over the minor, pursuant to the
  919  shelter order or dependency petition filed by the department, a
  920  copy of the preliminary home study of the prospective adoptive
  921  parents and any other evidence of the suitability of the
  922  placement. The preliminary home study must be maintained with
  923  strictest confidentiality within the dependency court file and
  924  the department’s file. A preliminary home study must be provided
  925  to the court in all cases in which an adoption entity has
  926  intervened under pursuant to this section. The exemption in s.
  927  63.092(3) from the home study for a stepparent or relative does
  928  not apply if a minor is under the supervision of the department
  929  or is otherwise subject to the jurisdiction of the dependency
  930  court as a result of the filing of a shelter petition,
  931  dependency petition, or termination of parental rights petition
  932  under chapter 39. Unless the court has concerns regarding the
  933  qualifications of the home study provider, or concerns that the
  934  home study may not be adequate to determine the best interests
  935  of the child, the home study provided by the adoption entity is
  936  shall be deemed to be sufficient and no additional home study
  937  needs to be performed by the department.
  938         Section 16. Subsections (8) and (9) of section 402.302,
  939  Florida Statutes, are amended to read:
  940         402.302 Definitions.—As used in this chapter, the term:
  941         (8) “Family day care home” means an occupied primary
  942  residence leased or owned by the operator in which child care is
  943  regularly provided for children from at least two unrelated
  944  families and which receives a payment, fee, or grant for any of
  945  the children receiving care, whether or not operated for profit.
  946  Household children under 13 years of age, when on the premises
  947  of the family day care home or on a field trip with children
  948  enrolled in child care, must shall be included in the overall
  949  capacity of the licensed home. A family day care home is shall
  950  be allowed to provide care for one of the following groups of
  951  children, which shall include household children under 13 years
  952  of age:
  953         (a) A maximum of four children from birth to 12 months of
  954  age.
  955         (b) A maximum of three children from birth to 12 months of
  956  age, and other children, for a maximum total of six children.
  957         (c) A maximum of six preschool children if all are older
  958  than 12 months of age.
  959         (d) A maximum of 10 children if no more than 5 are
  960  preschool age and, of those 5, no more than 2 are under 12
  961  months of age.
  962         (9) “Household children” means children who are related by
  963  blood, marriage, or legal adoption to, or who are the legal
  964  wards of, the family day care home operator, the large family
  965  child care home operator, or an adult household member who
  966  permanently or temporarily resides in the home. Supervision of
  967  the operator’s household children shall be left to the
  968  discretion of the operator unless those children receive
  969  subsidized child care through the school readiness program under
  970  pursuant to s. 1002.92 to be in the home.
  971         Section 17. Paragraph (a) of subsection (7), paragraphs (b)
  972  and (c) of subsection (9), and subsection (10) of section
  973  402.305, Florida Statutes, are amended to read:
  974         402.305 Licensing standards; child care facilities.—
  975         (7) SANITATION AND SAFETY.—
  976         (a) Minimum standards shall include requirements for
  977  sanitary and safety conditions, first aid treatment, emergency
  978  procedures, and pediatric cardiopulmonary resuscitation. The
  979  minimum standards shall require that at least one staff person
  980  trained and certified in cardiopulmonary resuscitation, as
  981  evidenced by current documentation of course completion, must be
  982  present at all times that children are present.
  983         (9) ADMISSIONS AND RECORDKEEPING.—
  984         (b) At the time of initial enrollment and annually
  985  thereafter During the months of August and September of each
  986  year, each child care facility shall provide parents of children
  987  enrolled in the facility detailed information regarding the
  988  causes, symptoms, and transmission of the influenza virus in an
  989  effort to educate those parents regarding the importance of
  990  immunizing their children against influenza as recommended by
  991  the Advisory Committee on Immunization Practices of the Centers
  992  for Disease Control and Prevention.
  993         (c) At the time of initial enrollment and annually
  994  thereafter During the months of April and September of each
  995  year, at a minimum, each facility shall provide parents of
  996  children enrolled in the facility information regarding the
  997  potential for a distracted adult to fail to drop off a child at
  998  the facility and instead leave the child in the adult’s vehicle
  999  upon arrival at the adult’s destination. The child care facility
 1000  shall also give parents information about resources with
 1001  suggestions to avoid this occurrence. The department shall
 1002  develop a flyer or brochure with this information that shall be
 1003  posted to the department’s website, which child care facilities
 1004  may choose to reproduce and provide to parents to satisfy the
 1005  requirements of this paragraph.
 1006         (10) TRANSPORTATION SAFETY.—
 1007         (a) Minimum standards for child care facilities, family day
 1008  care homes, and large family child care homes shall include all
 1009  of the following:
 1010         1. Requirements for child restraints or seat belts in
 1011  vehicles used by child care facilities and large family child
 1012  care homes to transport children.,
 1013         2. Requirements for annual inspections of such the
 1014  vehicles.,
 1015         3. Limitations on the number of children which may be
 1016  transported in such the vehicles.,
 1017         4. Procedures to avoid leaving children in vehicles when
 1018  transported by the facility, and accountability for children
 1019  transported by the child care facility.
 1020         (b)Before providing transportation services or reinstating
 1021  transportation services after a lapse or discontinuation of
 1022  longer than 30 days, a child care facility, family day care
 1023  home, or large family child care home must be approved by the
 1024  department to transport children. Approval by the department is
 1025  based on the provider’s demonstration of compliance with all
 1026  current rules and standards for transportation.
 1027         (c) A child care facility, family day care home, or large
 1028  family child care home is not responsible for the safe transport
 1029  of children when they are being transported by a parent or
 1030  guardian.
 1031         Section 18. Subsections (14) and (15) of section 402.313,
 1032  Florida Statutes, are amended to read:
 1033         402.313 Family day care homes.—
 1034         (14) At the time of initial enrollment and annually
 1035  thereafter During the months of August and September of each
 1036  year, each family day care home shall provide parents of
 1037  children enrolled in the home detailed information regarding the
 1038  causes, symptoms, and transmission of the influenza virus in an
 1039  effort to educate those parents regarding the importance of
 1040  immunizing their children against influenza as recommended by
 1041  the Advisory Committee on Immunization Practices of the Centers
 1042  for Disease Control and Prevention.
 1043         (15) At the time of initial enrollment and annually
 1044  thereafter During the months of April and September of each
 1045  year, at a minimum, each family day care home shall provide
 1046  parents of children attending the family day care home
 1047  information regarding the potential for a distracted adult to
 1048  fail to drop off a child at the family day care home and instead
 1049  leave the child in the adult’s vehicle upon arrival at the
 1050  adult’s destination. The family day care home shall also give
 1051  parents information about resources with suggestions to avoid
 1052  this occurrence. The department shall develop a flyer or
 1053  brochure with this information that shall be posted to the
 1054  department’s website, which family day care homes may choose to
 1055  reproduce and provide to parents to satisfy the requirements of
 1056  this subsection.
 1057         Section 19. Subsections (8), (9), and (10) of section
 1058  402.3131, Florida Statutes, are amended to read:
 1059         402.3131 Large family child care homes.—
 1060         (8) Before Prior to being licensed by the department, large
 1061  family child care homes must be approved by the state or local
 1062  fire marshal in accordance with standards established for child
 1063  care facilities.
 1064         (9) At the time of initial enrollment and annually
 1065  thereafter During the months of August and September of each
 1066  year, each large family child care home shall provide parents of
 1067  children enrolled in the home detailed information regarding the
 1068  causes, symptoms, and transmission of the influenza virus in an
 1069  effort to educate those parents regarding the importance of
 1070  immunizing their children against influenza as recommended by
 1071  the Advisory Committee on Immunization Practices of the Centers
 1072  for Disease Control and Prevention.
 1073         (10) At the time of initial enrollment and annually
 1074  thereafter During the months of April and September of each
 1075  year, at a minimum, each large family child care home shall
 1076  provide parents of children attending the large family child
 1077  care home information regarding the potential for a distracted
 1078  adult to fail to drop off a child at the large family child care
 1079  home and instead leave the child in the adult’s vehicle upon
 1080  arrival at the adult’s destination. The large family child care
 1081  home shall also give parents information about resources with
 1082  suggestions to avoid this occurrence. The department shall
 1083  develop a flyer or brochure with this information that shall be
 1084  posted to the department’s website, which large family child
 1085  care homes may choose to reproduce and provide to parents to
 1086  satisfy the requirements of this subsection.
 1087         Section 20. Subsection (6) and paragraphs (b) and (e) of
 1088  subsection (7) of section 409.1451, Florida Statutes, are
 1089  amended to read:
 1090         409.1451 The Road-to-Independence Program.—
 1091         (6) ACCOUNTABILITY.—The department shall develop outcome
 1092  measures for the program and other performance measures in order
 1093  to maintain oversight of the program. No later than January 31
 1094  of each year, the department shall prepare a report on the
 1095  outcome measures and the department’s oversight activities and
 1096  submit the report to the President of the Senate, the Speaker of
 1097  the House of Representatives, and the committees with
 1098  jurisdiction over issues relating to children and families in
 1099  the Senate and the House of Representatives. The report must
 1100  include:
 1101         (a)An analysis of performance on the outcome measures
 1102  developed under this section reported for each community-based
 1103  care lead agency and compared with the performance of the
 1104  department on the same measures.
 1105         (b)A description of the department’s oversight of the
 1106  program, including, by lead agency, any programmatic or fiscal
 1107  deficiencies found, corrective actions required, and current
 1108  status of compliance.
 1109         (c)Any rules adopted or proposed under this section since
 1110  the last report. For the purposes of the first report, any rules
 1111  adopted or proposed under this section must be included.
 1112         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 1113  secretary shall establish the Independent Living Services
 1114  Advisory Council for the purpose of reviewing and making
 1115  recommendations concerning the implementation and operation of
 1116  the provisions of s. 39.6251 and the Road-to-Independence
 1117  Program. The advisory council shall function as specified in
 1118  this subsection until the Legislature determines that the
 1119  advisory council can no longer provide a valuable contribution
 1120  to the department’s efforts to achieve the goals of the services
 1121  designed to enable a young adult to live independently.
 1122         (b)The advisory council shall report to the secretary on
 1123  the status of the implementation of the Road-to-Independence
 1124  Program, efforts to publicize the availability of the Road-to
 1125  Independence Program, the success of the services, problems
 1126  identified, recommendations for department or legislative
 1127  action, and the department’s implementation of the
 1128  recommendations contained in the Independent Living Services
 1129  Integration Workgroup Report submitted to the appropriate
 1130  substantive committees of the Legislature by December 31, 2013.
 1131  The department shall submit a report by December 31 of each year
 1132  to the Governor, the President of the Senate, and the Speaker of
 1133  the House of Representatives which includes a summary of the
 1134  factors reported on by the council and identifies the
 1135  recommendations of the advisory council and either describes the
 1136  department’s actions to implement the recommendations or
 1137  provides the department’s rationale for not implementing the
 1138  recommendations.
 1139         (e)The advisory council report required under paragraph
 1140  (b) must include an analysis of the system of independent living
 1141  transition services for young adults who reach 18 years of age
 1142  while in foster care before completing high school or its
 1143  equivalent and recommendations for department or legislative
 1144  action. The council shall assess and report on the most
 1145  effective method of assisting these young adults to complete
 1146  high school or its equivalent by examining the practices of
 1147  other states.
 1148         Section 21. This act shall take effect October 1, 2020.