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House Bill 1221

Florida House of Representatives - 1997 HB 1221 By Representative Wise 1 A bill to be entitled 2 An act relating to families and children; 3 amending s. 39.001, F.S.; providing legislative 4 intent; amending s. 39.01, F.S.; revising 5 definitions; amending s. 39.012, F.S.; 6 providing rules for implementation by the 7 Department of Children and Family Services; 8 amending s. 39.0145, F.S.; providing 9 requirements with respect to certain children 10 who are in contempt of court; amending s. 11 39.038, F.S.; providing for the release of 12 certain children to a shelter; amending s. 13 39.044, F.S.; providing for the conduct of a 14 hearing with respect to certain children who 15 are detained; directing the Department of 16 Children and Family Services to document 17 savings and losses resulting from the enactment 18 of the act; providing for the submission of 19 such documentation to certain entities; 20 providing that certain professionals who report 21 child abuse or neglect must identify 22 themselves; providing that the central abuse 23 hotline must be operated in such a manner as to 24 ensure that reports may be tracked 25 electronically; amending s. 39.39, F.S.; 26 revising a definition; amending s. 39.40, F.S.; 27 providing that proceedings in dependency cases 28 shall be conducted in accordance with the 29 Florida Rules of Criminal Procedure; revising 30 language with respect to procedures; providing 31 timeframes for resolution of placement and 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 judicial handling of cases involving children 2 placed in shelters, under certain 3 circumstances; amending s. 39.401, F.S.; 4 revising language with respect to taking a 5 child alleged to be dependent into custody; 6 creating s. 39.4015, F.S.; creating the "Family 7 Bill of Rights Act"; requiring a court order 8 before taking a child into custody; requiring 9 an affidavit stating that the child is in 10 immediate danger; defining the term "immediate 11 danger"; providing penalties; providing for the 12 audio-recording or videotaping of all meetings 13 with children in the absence of the parents; 14 providing requirements and procedures with 15 respect to abuse cases; providing for 16 procedures consistent with the Florida Rules of 17 Criminal Procedure; amending s. 39.402, F.S.; 18 revising language with respect to placement in 19 a shelter; authorizing a protective 20 investigator or a law enforcement officer to 21 take a child into custody without a court order 22 under certain circumstances; providing 23 penalties for failure to meet the arraignment 24 deadline; amending s. 39.403, F.S.; prohibiting 25 the filing of certain anonymous reports with 26 respect to protective investigations; amending 27 s. 39.4031, F.S.; revising language with 28 respect to case plan requirements; amending s. 29 39.4032, F.S.; providing for the development of 30 an initial case plan by the case staffing 31 committee under certain circumstances; amending 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 s. 39.4033, F.S.; providing reference to 2 certain attorneys with respect to referral of a 3 dependency case to mediation; amending s. 4 39.404, F.S.; providing for a single time 5 period for the filing of a petition alleging 6 dependency; amending s. 39.405, F.S.; requiring 7 notice to the parent's attorney of proceedings 8 involving a child; amending s. 39.4055, F.S.; 9 providing for reference to the Florida Rules of 10 Criminal Procedure with respect to an 11 injunction pending disposition of a petition 12 for detention or dependency; amending s. 13 39.407, F.S.; prohibiting the department from 14 having a medical screening performed on a child 15 under certain circumstances; requiring certain 16 professionals used to evaluate a child must be 17 licensed professionals; providing for the 18 removal of a child from the home under certain 19 circumstances; amending s. 39.408, F.S.; 20 revising timeframes and language with respect 21 to hearings for dependency cases and notice 22 thereof; amending s. 39.409, F.S.; providing 23 for attorney's fees and costs if the court 24 finds that the child named in the petition is 25 not dependent; amending s. 39.41, F.S.; 26 directing the court to obtain the estimated 27 costs for required treatment and services prior 28 to ordering such treatment and services; 29 providing that when a placement is not in the 30 child's home, the facility must have a 31 drug-free workplace provision; requiring drug 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 testing of certain individuals before placement 2 of child in long-term custody; deleting 3 provisions authorizing the commitment of child 4 to temporary legal custody of the department; 5 providing for a report on cost of services; 6 amending s. 39.4105, F.S.; revising language 7 with respect to grandparents' rights; amending 8 s. 39.415, F.S.; providing for the amount of 9 compensation for appointed counsel in a 10 dependency proceeding; amending s. 39.437, 11 F.S.; providing for placement in a staff-secure 12 shelter of certain children in contempt of 13 court; amending s. 39.44, F.S.; providing for 14 reference to the Florida Rules of Criminal 15 Procedure with respect to hearings for 16 child-in-need-of-services cases; amending s. 17 39.441, F.S.; revising language with respect to 18 orders of adjudication; amending s. 39.4451, 19 F.S.; revising language with respect to oaths, 20 records, and confidential information; 21 providing that in dependency proceedings, the 22 ultimate prevailing party shall be entitled to 23 attorney's fees and costs; amending s. 39.446, 24 F.S.; providing for medical screening of 25 certain children by the department under 26 certain circumstances; authorizing a judge to 27 order substance abuse screening as appropriate; 28 providing for the removal of a child from the 29 home under certain circumstances; amending s. 30 39.447, F.S.; providing for the rate of 31 compensation for certain appointed counsel; 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 amending s. 39.451, F.S.; revising language 2 with respect to case planning for children in 3 foster care; amending s. 39.452, F.S.; 4 providing that certain case plans must include 5 estimated costs to provide services; providing 6 for notice to the attorney of a parent under 7 certain circumstances; amending s. 39.453, 8 F.S.; revising language with respect to 9 judicial review to delete reference to social 10 service agencies and to provide for reference 11 to the department; amending s. 39.454, F.S.; 12 revising language with respect to the 13 initiation of termination of parental rights 14 proceedings; amending s. 39.455, F.S.; revising 15 language with respect to immunity from 16 liability; repealing s. 39.457, F.S., relating 17 to the Leon County pilot program for additional 18 benefits to children in foster care; amending 19 s. 39.459, F.S.; revising a definition; 20 amending ss. 39.46 and 39.461, F.S.; providing 21 for reference to the Florida Rules of Criminal 22 Procedure with respect to procedures and 23 jurisdiction and with respect to petitions for 24 termination of parental rights; amending s. 25 39.4612, F.S.; providing that any suitable 26 permanent custody arrangement with a relative 27 of the child should be the first priority; 28 amending s. 39.462, F.S.; providing for notice 29 to the attorney for the parents for process and 30 services with respect to termination of 31 parental rights; amending s. 39.465, F.S.; 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 conforming to the act with respect to the 2 Florida Rules of Criminal Procedure; providing 3 for a report to be filed within an additional 4 time period before the disposition hearing; 5 amending s. 39.469, F.S.; revising language 6 with respect to the order of disposition 7 concerning the termination of parental rights 8 to exclude reference to a licensed 9 child-placing agency; amending s. 39.471, F.S.; 10 providing that certain court records may be 11 admissible in evidence in any other civil or 12 criminal proceeding; amending s. 39.473, F.S.; 13 providing for representation upon appeal by the 14 Attorney General or the Attorney General's 15 staff; providing for compensation rates for 16 certain attorney's fees; amending s. 397.6758, 17 F.S.; revising language with respect to the 18 release of a client from certain custody if the 19 client is a minor; amending s. 415.501, F.S.; 20 revising language with respect to the 21 comprehensive plan for the prevention of abuse 22 and neglect of children; requiring annual 23 submission of plan; repealing s. 415.5015, 24 F.S., relating to the Child Abuse Prevention 25 Training Act of 1985; amending s. 415.5016, 26 F.S.; revising language with respect to purpose 27 and legislative intent; amending s. 415.50165, 28 F.S.; revising definitions; amending s. 29 415.5017, F.S.; providing procedures to be used 30 by all agencies of the department, and other 31 state and local law enforcement and child 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 welfare agencies when requesting family 2 assistance with respect to reports alleging 3 child abuse or neglect; revising timeframes; 4 providing for family services plans to be 5 furnished to the caregiver; providing for the 6 duration of certain services; amending s. 7 415.50175, F.S.; providing for the destruction 8 of certain records; amending s. 415.5018, F.S.; 9 deleting obsolete language; providing reference 10 to formative and summative evaluations; 11 deleting certain requirements with respect to 12 proposals for family services response systems; 13 revising language with respect to child 14 protective investigations and flexibility 15 authorization; amending s. 415.50185, F.S.; 16 providing for summative evaluation and deleting 17 reference to outcome evaluation; amending s. 18 415.502, F.S.; revising legislative intent with 19 respect to comprehensive protective services 20 for abused or neglected children; amending s. 21 415.503, F.S.; revising definitions; amending 22 s. 415.504, F.S.; revising language with 23 respect to requirements for the central abuse 24 hotline; amending s. 415.505, F.S.; providing 25 for reference to the right of a child's parent 26 or guardian to audio-record or videotape all 27 activities with respect to certain 28 investigations; requiring the department to 29 show cause to the court that it is necessary to 30 examine and interview the child; amending s. 31 415.5055, F.S.; revising language with respect 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 to child protection teams and services; 2 providing for testing and evaluation; repealing 3 s. 415.506, F.S., relating to taking a child 4 into protective custody; amending s. 415.507, 5 F.S.; revising language with respect to 6 photographs, medical examinations, X rays, and 7 medical treatment of abused or neglected 8 children; creating s. 415.5081, F.S.; providing 9 for powers and authority of guardian advocates 10 and guardians ad litem; creating s. 415.50813, 11 F.S.; requiring guardians ad litem to maintain 12 the confidentiality of certain information and 13 documents; creating s. 415.50815, F.S.; 14 providing legislative intent with regard to 15 training and standards for guardians ad litem; 16 directing the Supreme Court to establish a 17 training program for guardians ad litem; 18 amending ss. 415.5084 and 415.5086, F.S.; 19 conforming to the act with respect to the 20 Florida Rules of Criminal Procedure; amending 21 s. 415.51, F.S.; revising language with respect 22 to confidentiality of reports and records in 23 cases of child abuse or neglect; amending s. 24 415.5131, F.S.; increasing the maximum fine for 25 false reports of abuse or neglect of a child; 26 amending s. 415.516, F.S.; revising language 27 with respect to the goals of the Family 28 Builders Program; amending s. 415.517, F.S.; 29 revising language with respect to the 30 contracting of services; amending s. 415.519, 31 F.S.; providing for the collection of data with 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 respect to the Family Builders Program; 2 amending s. 415.520, F.S.; revising 3 qualifications with respect to workers in the 4 Family Builders Program; amending s. 415.521, 5 F.S.; providing for summative rather than 6 outcome evaluation; amending s. 933.18, F.S.; 7 deleting a provision authorizing a law 8 enforcement officer to remove a child from a 9 private dwelling; amending s. 39.038, F.S., 10 relating to the release of a child from 11 custody; conforming cross references; amending 12 ss. 39.015, 39.052, 39.058, 39.061, 39.423, 13 232.19, 744.309, and 784.075, F.S.; correcting 14 cross references; repealing s. 415.5088, F.S., 15 relating to powers and duties of guardian 16 advocates; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Paragraphs (a) and (d) of subsection (1) of 21 section 39.001, Florida Statutes, 1996 Supplement, are amended 22 to read: 23 39.001 Purposes and intent; personnel standards and 24 screening.-- 25 (1) The purposes of this chapter are: 26 (a) To provide judicial and other procedures to assure 27 due process through which children, their families, and other 28 interested parties are assured fair hearings by a respectful 29 and respected court or other tribunal and the recognition, 30 protection, and enforcement of their constitutional and other 31 legal rights, while ensuring that public safety interests and 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 the authority and dignity of the courts are adequately 2 protected. 3 (d) To preserve and strengthen the child's family ties 4 whenever possible, removing the child from parental custody 5 only when his or her welfare or the safety and protection of 6 the public cannot be adequately safeguarded without such 7 removal; and, when the child is removed from his or her own 8 family, to secure for the child custody, care, and discipline 9 as nearly as possible equivalent to that which should have 10 been given by the parents; and to assure, in all cases in 11 which a child must be permanently removed from parental 12 custody, that the child be placed in an approved drug-free 13 family home, adoptive home, independent living program, or 14 other placement that provides the most stable and permanent 15 living arrangement for the child, as determined by the court. 16 Section 2. Section 39.01, Florida Statutes, 1996 17 Supplement, is amended to read: 18 39.01 Definitions.--When used in this chapter: 19 (1) "Abandoned" means a situation in which the parent 20 or legal custodian of a child or, in the absence of a parent 21 or legal custodian, the person responsible for the child's 22 welfare, while being able, makes no provision for the child's 23 support and makes no effort to communicate with the child, 24 which situation is sufficient to evince a willful rejection of 25 parental obligations. If the efforts of such parent or legal 26 custodian, or person primarily responsible for the child's 27 welfare to support and communicate with the child are, in the 28 opinion of the court, only marginal efforts that do not evince 29 a settled purpose to assume all parental duties, the court may 30 declare the child to be abandoned. The term "abandoned" does 31 not include a "child in need of services" as defined in 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 subsection (12) or a "family in need of services" as defined 2 in subsection (30). The incarceration of a parent, legal 3 custodian, or person responsible for a child's welfare does 4 not constitute a bar to a finding of abandonment. 5 (2) "Abuse" means any willful act that results in any 6 physical, mental, or sexual injury that causes or is likely to 7 cause the child's physical, mental, or emotional health to be 8 significantly impaired and necessitates immediate treatment. 9 Corporal discipline of a child by a parent or guardian for 10 disciplinary purposes does not in itself constitute abuse when 11 it does not result in harm to the child as defined in s. 12 415.503. 13 (3) "Addictions receiving facility" means a substance 14 abuse service provider as defined in chapter 397. 15 (4) "Adjudicatory hearing" means a hearing for the 16 court to determine whether or not the facts support the 17 allegations stated in the petition as is provided for under s. 18 39.052(1), in delinquency cases; s. 39.408(2), in dependency 19 cases; s. 39.44(2), in child-in-need-of-services cases; or s. 20 39.467, in termination of parental rights cases. 21 (5) "Adult" means any natural person other than a 22 child. 23 (6) "Arbitration" means a process whereby a neutral 24 third person or panel, called an arbitrator or an arbitration 25 panel, considers the facts and arguments presented by the 26 parties and renders a decision which may be binding or 27 nonbinding. 28 (7) "Authorized agent" or "designee" of the department 29 means a person or agency assigned or designated by the 30 Department of Juvenile Justice or the Department of Children 31 and Family Health and Rehabilitative Services, as appropriate, 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 to perform duties or exercise powers pursuant to this chapter 2 and includes contract providers and their employees for 3 purposes of providing services to and managing cases of 4 children in need of services and families in need of services. 5 (8) "Caretaker/homemaker" means an authorized agent of 6 the Department of Health and Rehabilitative Services who shall 7 remain in the child's home with the child until a parent, 8 legal guardian, or relative of the child enters the home and 9 is capable of assuming and agrees to assume charge of the 10 child. 11 (9) "Case plan" or "plan" means a document, as 12 described in s. 39.4031, prepared by the Department of 13 Children and Family Services, that follows the child from the 14 provision of voluntary services through any dependency, foster 15 care, or termination of parental rights proceeding or related 16 activity or process under part III, part V, or part VI. 17 (10) "Child" or "juvenile" or "youth" means any 18 unmarried person under the age of 18 who has not been 19 emancipated by order of the court and who has been found or 20 alleged to be dependent, in need of services, or from a family 21 in need of services; or any married or unmarried person who is 22 charged with a violation of law occurring prior to the time 23 that person reached the age of 18 years. 24 (11) "Child eligible for an intensive residential 25 treatment program for offenders less than 13 years of age" 26 means a child who has been found to have committed a 27 delinquent act or a violation of law in the case currently 28 before the court and who meets at least one of the following 29 criteria: 30 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (a) The child is less than 13 years of age at the time 2 of the disposition for the current offense and has been 3 adjudicated on the current offense for: 4 1. Arson; 5 2. Sexual battery; 6 3. Robbery; 7 4. Kidnapping; 8 5. Aggravated child abuse; 9 6. Aggravated assault; 10 7. Aggravated stalking; 11 8. Murder; 12 9. Manslaughter; 13 10. Unlawful throwing, placing, or discharging of a 14 destructive device or bomb; 15 11. Armed burglary; 16 12. Aggravated battery; 17 13. Lewd or lascivious assault or act in the presence 18 of a child; or 19 14. Carrying, displaying, using, threatening, or 20 attempting to use a weapon or firearm during the commission of 21 a felony. 22 (b) The child is less than 13 years of age at the time 23 of the disposition, the current offense is a felony, and the 24 child has previously been committed at least once to a 25 delinquency commitment program. 26 (c) The child is less than 13 years of age and is 27 currently committed for a felony offense and transferred from 28 a moderate-risk or high-risk residential commitment placement. 29 (12) "Child in need of services" means a child for 30 whom there is no pending investigation into an allegation or 31 suspicion of abuse, neglect, or abandonment; no pending 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 referral alleging the child is delinquent; or no current 2 supervision by the Department of Juvenile Justice or the 3 Department of Children and Family Health and Rehabilitative 4 Services for an adjudication of dependency or delinquency. The 5 child must also, pursuant to this chapter, be found by the 6 court: 7 (a) To have persistently run away from the child's 8 parents or legal custodians despite reasonable efforts of the 9 child, the parents or legal custodians, and appropriate 10 agencies to remedy the conditions contributing to the 11 behavior. Reasonable efforts shall include voluntary 12 participation by the child's parents or legal custodians and 13 the child in family mediation, services, and treatment offered 14 by the Department of Juvenile Justice or the Department of 15 Health and Rehabilitative Services; 16 (b) To be habitually truant from school, while subject 17 to compulsory school attendance, despite reasonable efforts to 18 remedy the situation pursuant to s. 232.19 and through 19 voluntary participation by the child's parents or legal 20 custodians and by the child in family mediation, services, and 21 treatment offered by the Department of Juvenile Justice or the 22 Department of Health and Rehabilitative Services; or 23 (c) To have persistently disobeyed the reasonable and 24 lawful demands of the child's parents or legal custodians, and 25 to be beyond their control despite efforts by the child's 26 parents or legal custodians and appropriate agencies to remedy 27 the conditions contributing to the behavior. Reasonable 28 efforts may include such things as good faith participation in 29 family or individual counseling. 30 (13) "Child who has been found to have committed a 31 delinquent act" means a child who, pursuant to the provisions 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 of this chapter, is found by a court to have committed a 2 violation of law or to be in direct or indirect contempt of 3 court, except that this definition shall not include an act 4 constituting contempt of court arising out of a dependency 5 proceeding or a proceeding pursuant to part IV of this 6 chapter. 7 (14) "Child who is found to be dependent" means a 8 child who, pursuant to this chapter, is found by the court: 9 (a) To have been abandoned, abused, or neglected by 10 the child's parents or other custodians. 11 (b) To have been surrendered to the Department of 12 Children and Family Health and Rehabilitative Services or a 13 licensed child-placing agency for purpose of adoption. 14 (c) To have been voluntarily placed with a licensed 15 child-caring agency, a licensed child-placing agency, an adult 16 relative, or the Department of Children and Family Health and 17 Rehabilitative Services, after which placement, under the 18 requirements of part V of this chapter, a case plan has 19 expired and the parent or parents have failed to substantially 20 comply with the requirements of the plan. 21 (d) To have been voluntarily placed with a licensed 22 child-placing agency for the purposes of subsequent adoption 23 and a natural parent or parents signed a consent pursuant to 24 the Florida Rules of Criminal Juvenile Procedure. 25 (e) To have no parent, legal custodian, or responsible 26 adult relative to provide supervision and care. 27 (f) To be at substantial risk of imminent abuse or 28 neglect by the parent or parents or the custodian. 29 (15) "Child support" means a court-ordered obligation, 30 enforced under chapter 61 and ss. 409.2551-409.2597, for 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 monetary support for the care, maintenance, training, and 2 education of a child. 3 (16) "Community control" means the legal status of 4 probation created by law and court order in cases involving a 5 child who has been found to have committed a delinquent act. 6 Community control is an individualized program in which the 7 freedom of the child is limited and the child is restricted to 8 noninstitutional quarters or restricted to the child's home in 9 lieu of commitment to the custody of the Department of 10 Juvenile Justice. 11 (17) "Comprehensive assessment" or "assessment" means 12 the gathering of information for the evaluation of a juvenile 13 offender's or a child's physical, psychological, educational, 14 vocational, and social condition and family environment as 15 they relate to the child's need for rehabilitative and 16 treatment services, including substance abuse treatment 17 services, mental health services, developmental services, 18 literacy services, medical services, family services, and 19 other specialized services, as appropriate. 20 (18) "Court," unless otherwise expressly stated, means 21 the circuit court assigned to exercise jurisdiction under this 22 chapter. 23 (19)(a) "Delinquency program" means any intake, 24 community control and furlough, or similar program; regional 25 detention center or facility; or community-based program, 26 whether owned and operated by or contracted by the Department 27 of Juvenile Justice, or institution owned and operated by or 28 contracted by the Department of Juvenile Justice, which 29 provides intake, supervision, or custody and care of children 30 who are alleged to be or who have been found to be delinquent 31 pursuant to part II. 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (b) "Delinquency program staff" means supervisory and 2 direct care staff of a delinquency program as well as support 3 staff who have direct contact with children in a delinquency 4 program. 5 (c) "Delinquency prevention programs" means programs 6 designed for the purpose of reducing the occurrence of 7 delinquency, including youth and street gang activity, and 8 juvenile arrests. The term excludes arbitration, diversionary 9 or mediation programs, and community service work or other 10 treatment available subsequent to a child committing a 11 delinquent act. 12 (20) "Department," as used in parts III, V, and VI, 13 means the Department of Children and Family Health and 14 Rehabilitative Services. As used in parts II and IV, the term 15 means the Department of Juvenile Justice. 16 (21) "Designated facility" or "designated treatment 17 facility" means any facility designated by the Department of 18 Juvenile Justice to provide treatment to juvenile offenders. 19 (22) "Detention care" means the temporary care of a 20 child in secure, nonsecure, or home detention, pending a court 21 adjudication or disposition or execution of a court order. 22 There are three types of detention care, as follows: 23 (a) "Secure detention" means temporary custody of the 24 child while the child is under the physical restriction of a 25 detention center or facility pending adjudication, 26 disposition, or placement. 27 (b) "Nonsecure detention" means temporary custody of 28 the child while the child is in a residential home in the 29 community in a physically nonrestrictive environment under the 30 supervision of the Department of Juvenile Justice pending 31 adjudication, disposition, or placement. 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (c) "Home detention" means temporary custody of the 2 child while the child is released to the custody of the 3 parent, guardian, or custodian in a physically nonrestrictive 4 environment under the supervision of the Department of 5 Juvenile Justice staff pending adjudication, disposition, or 6 placement. 7 (23) "Detention center or facility" means a facility 8 used pending court adjudication or disposition or execution of 9 court order for the temporary care of a child alleged or found 10 to have committed a violation of law. A detention center or 11 facility may provide secure or nonsecure custody. A facility 12 used for the commitment of adjudicated delinquents shall not 13 be considered a detention center or facility. 14 (24) "Detention hearing" means a hearing for the court 15 to determine if a child should be placed in temporary custody, 16 as provided for under ss. 39.042 and 39.044, in delinquency 17 cases, or s. 39.402, in dependency cases. 18 (25) "Diligent efforts by a parent" means a course of 19 conduct which results in a reduction in risk to the child in 20 the child's home that would allow the child to be safely 21 placed permanently back in the home as set forth in the case 22 plan. 23 (26) "Diligent efforts of social service agency" means 24 reasonable efforts to provide social services or reunification 25 services made by any social service agency as defined in this 26 section that is a party to a case plan. 27 (27) "Diligent search" means the efforts of a social 28 service agency in accordance with the requirements of s. 29 39.4051(6) to locate a parent or prospective parent whose 30 identity or location is unknown, initiated as soon as the 31 agency is made aware of the existence of such a parent, with 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 the search progress reported at each court hearing until the 2 parent is either identified and located or the court excuses 3 further search. 4 (28) "Disposition hearing" means a hearing in which 5 the court determines the most appropriate dispositional 6 services in the least restrictive available setting provided 7 for under s. 39.052(4), in delinquency cases; s. 39.408(3), in 8 dependency cases; s. 39.44(3), in child-in-need-of-services 9 cases; or s. 39.469, in termination of parental rights cases. 10 (29) "Family" means a collective body of persons, 11 consisting of a child and a parent, guardian, adult custodian, 12 or adult relative, in which: 13 (a) The persons reside in the same house or living 14 unit; or 15 (b) The parent, guardian, adult custodian, or adult 16 relative has a legal responsibility by blood, marriage, or 17 court order to support or care for the child. 18 (30) "Family bill of rights" means the provisions of 19 s. 39.4015, the Family Bill of Rights Act. 20 (31)(30) "Family in need of services" means a family 21 that has a child for whom there is no pending investigation 22 into an allegation of abuse, neglect, or abandonment or no 23 current supervision by the Department of Juvenile Justice or 24 the Department of Health and Rehabilitative Services for an 25 adjudication of dependency or delinquency. The child must also 26 have been referred to a law enforcement agency or the 27 Department of Juvenile Justice for: 28 (a) Running away from parents or legal custodians; 29 (b) Persistently disobeying reasonable and lawful 30 demands of parents or legal custodians, and being beyond their 31 control; or 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (c) Habitual truancy from school. 2 (32)(31) "Foster care" means care provided a child in 3 a foster family or boarding home, group home, agency boarding 4 home, child care institution, or any combination thereof. 5 (33)(32) "Halfway house" means a community-based 6 residential program for 10 or more committed delinquents at 7 the moderate-risk restrictiveness level that is operated or 8 contracted by the Department of Juvenile Justice. 9 (34) "Immediate danger" means abuse of such nature as 10 defined in s. 39.4015, including that which would likely 11 result in the child's suffering serious physical injury, 12 serious bodily injury that necessitates immediate medical 13 treatment, imminent danger of death, or rape. 14 (a) The parents or legal guardian shall be notified of 15 the initial hearing after a diligent search, and proof of said 16 notice or an affidavit shall be filed with the court at the 17 time of the hearing. The proof shall consist of a signed 18 acknowledgement of the petition and notice of hearing which 19 was delivered to the parents or guardian at least 72 hours 20 prior to the hearing. 21 (b) If the parents or legal guardian are present, they 22 shall have the right to have their attorney present and shall 23 be able to present evidence establishing that the injuries the 24 child has are not, as a matter of law, evidence of child 25 abuse. 26 (35)(33) "Intake" means the initial acceptance and 27 screening by the Department of Juvenile Justice of a complaint 28 or a law enforcement report or probable cause affidavit of 29 delinquency, family in need of services, or child in need of 30 services to determine the recommendation to be taken in the 31 best interests of the child, the family, and the community. 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 The emphasis of intake is on diversion and the least 2 restrictive available services. Consequently, intake includes 3 such alternatives as: 4 (a) The disposition of the complaint, report, or 5 probable cause affidavit without court or public agency action 6 or judicial handling when appropriate. 7 (b) The referral of the child to another public or 8 private agency when appropriate. 9 (c) The recommendation by the intake counselor or case 10 manager of judicial handling when appropriate and warranted. 11 (36)(34) "Intake counselor" or "case manager" means 12 the authorized agent of the Department of Juvenile Justice 13 performing the intake or case management function for a child 14 alleged to be delinquent or in need of services, or from a 15 family in need of services. 16 (37)(35) "Judge" means the circuit judge exercising 17 jurisdiction pursuant to this chapter. 18 (38)(36) "Juvenile sexual offender" means: 19 (a) A juvenile who has been found by the court 20 pursuant to s. 39.053 to have committed a violation of chapter 21 794, chapter 796, chapter 800, s. 827.071, or s. 847.0133; 22 (b) A juvenile found to have committed any violation 23 of law or delinquent act involving juvenile sexual abuse. 24 "Juvenile sexual abuse" means any sexual behavior which occurs 25 without consent, without equality, or as a result of coercion. 26 For purposes of this subsection, the following definitions 27 apply: 28 1. "Coercion" means the exploitation of authority, use 29 of bribes, threats of force, or intimidation to gain 30 cooperation or compliance. 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 2. "Equality" means two participants operating with 2 the same level of power in a relationship, neither being 3 controlled nor coerced by the other. 4 3. "Consent" means an agreement including all of the 5 following: 6 a. Understanding what is proposed based on age, 7 maturity, developmental level, functioning, and experience. 8 b. Knowledge of societal standards for what is being 9 proposed. 10 c. Awareness of potential consequences and 11 alternatives. 12 d. Assumption that agreement or disagreement will be 13 accepted equally. 14 e. Voluntary decision. 15 f. Mental competence. 16 17 Juvenile sexual offender behavior ranges from noncontact 18 sexual behavior such as making obscene phone calls, 19 exhibitionism, voyeurism, and the showing or taking of lewd 20 photographs to varying degrees of direct sexual contact, such 21 as frottage, fondling, digital penetration, rape, fellatio, 22 sodomy, and various other sexually aggressive acts. 23 (39)(37) "Legal custody" means a legal status created 24 by court order or letter of guardianship which vests in a 25 custodian of the person or guardian, whether an agency or an 26 individual, the right to have physical custody of the child 27 and the right and duty to protect, train, and discipline the 28 child and to provide him or her with food, shelter, education, 29 and ordinary medical, dental, psychiatric, and psychological 30 care. 31 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (40)(38) "Licensed child-caring agency" means a 2 person, society, association, or agency licensed by the 3 Department of Children and Family Health and Rehabilitative 4 Services to care for, receive, and board children. 5 (41)(39) "Licensed child-placing agency" means a 6 person, society, association, or institution licensed by the 7 Department of Children and Family Health and Rehabilitative 8 Services to care for, receive, or board children and to place 9 children in a licensed child-caring institution or a foster or 10 adoptive home. 11 (42)(40) "Licensed health care professional" means a 12 physician licensed under chapter 458, an osteopathic physician 13 licensed under chapter 459, a nurse licensed under chapter 14 464, a physician assistant certified under chapter 458, or a 15 dentist licensed under chapter 466. 16 (43)(41) "Likely to injure oneself" means that, as 17 evidenced by violent or other actively self-destructive 18 behavior, it is more likely than not that within a 24-hour 19 period the child will attempt to commit suicide or inflict 20 serious bodily harm on himself or herself. 21 (44)(42) "Likely to injure others" means that it is 22 more likely than not that within a 24-hour period the child 23 will inflict serious and unjustified bodily harm on another 24 person. 25 (45)(43) "Long-term relative custodian" means an adult 26 who is a party to a long-term custodial relationship created 27 by a court order pursuant to s. 39.41(1)(a)3.a. 28 (46)(44) "Long-term relative custody" or "long-term 29 custodial relationship" means the relationship that a juvenile 30 court order creates between a child and an adult relative of 31 the child or an adult nonrelative approved by the court when 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 the child cannot be placed in the custody of a natural parent 2 and termination of parental rights is not deemed to be in the 3 best interest of the child. Long-term relative custody confers 4 upon the long-term relative or nonrelative custodian the right 5 to physical custody of the child, a right which will not be 6 disturbed by the court except upon request of the custodian or 7 upon a showing that a material change in circumstances 8 necessitates a change of custody for the best interest of the 9 child. A long-term relative or nonrelative custodian shall 10 have all of the rights of a natural parent, including, but not 11 limited to, the right and duty to protect, train, and 12 discipline the child and to provide the child with food, 13 shelter, and education, and ordinary medical, dental, 14 psychiatric, and psychological care, unless these rights and 15 duties are otherwise enlarged or limited by the court order 16 establishing the long-term custodial relationship. 17 (47)(45) "Mediation" means a process whereby a neutral 18 third person called a mediator acts to encourage and 19 facilitate the resolution of a dispute between two or more 20 parties. It is an informal and nonadversarial process with 21 the objective of helping the disputing parties reach a 22 mutually acceptable and voluntary agreement. In mediation, 23 decisionmaking authority rests with the parties. The role of 24 the mediator includes, but is not limited to, assisting the 25 parties in identifying issues, fostering joint problem 26 solving, and exploring settlement alternatives. 27 (48)(46) "Necessary medical treatment" means care 28 which is necessary within a reasonable degree of medical 29 certainty to prevent the deterioration of a child's condition 30 or to alleviate immediate pain of a child. 31 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (49)(47) "Neglect" occurs when the parent or legal 2 custodian of a child or, in the absence of a parent or legal 3 custodian, the person primarily responsible for the child's 4 welfare deprives a child of, or allows a child to be deprived 5 of, necessary food, clothing, shelter, or medical treatment or 6 permits a child to live in an environment when such 7 deprivation or environment causes the child's physical, 8 mental, or emotional health to be significantly impaired or to 9 be in danger of being significantly impaired. The foregoing 10 circumstances shall not be considered neglect if caused 11 primarily by financial inability unless actual services for 12 relief have been offered to and rejected by such person. A 13 parent or guardian legitimately practicing religious beliefs 14 in accordance with a recognized church or religious 15 organization who thereby does not provide specific medical 16 treatment for a child shall not, for that reason alone, be 17 considered a negligent parent or guardian; however, such an 18 exception does not preclude a court from ordering the 19 following services to be provided, when the health of the 20 child so requires: 21 (a) Medical services from a licensed physician, 22 dentist, optometrist, podiatrist, or other qualified licensed 23 or certified health care provider; or 24 (b) Treatment by a duly accredited practitioner who 25 relies solely on spiritual means for healing in accordance 26 with the tenets and practices of a well-recognized church or 27 religious organization. 28 (50)(48) "Parent" means a woman who gives birth to a 29 child and a man whose consent to the adoption of the child 30 would be required under s. 63.062(1)(b). If a child has been 31 legally adopted, the term "parent" means the adoptive mother 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 or father of the child. The term does not include an 2 individual whose parental relationship to the child has been 3 legally terminated, or an alleged or prospective parent, 4 unless the parental status falls within the terms of either s. 5 39.4051(7) or s. 63.062(1)(b). 6 (51)(49) "Participant," for purposes of a shelter 7 proceeding, dependency proceeding, or termination of parental 8 rights proceeding, means any person who is not a party but who 9 should receive notice of hearings involving the child, 10 including foster parents, identified prospective parents, 11 grandparents entitled to priority for adoption consideration 12 under s. 63.0425, actual custodians of the child, and any 13 other person whose participation may be in the best interest 14 of the child. Participants may be granted leave by the court 15 to be heard without the necessity of filing a motion to 16 intervene. 17 (52)(50) "Party," for purposes of a shelter 18 proceeding, dependency proceeding, or termination of parental 19 rights proceeding, means the parent of the child, the 20 petitioner, the department, the guardian ad litem when one has 21 been appointed, and the child. The presence of the child may 22 be excused by order of the court when presence would not be in 23 the child's best interest. Notice to the child may be excused 24 by order of the court when the age, capacity, or other 25 condition of the child is such that the notice would be 26 meaningless or detrimental to the child. 27 (53)(51) "Preliminary screening" means the gathering 28 of preliminary information to be used in determining a child's 29 need for further evaluation or assessment or for referral for 30 other substance abuse services through means such as 31 psychosocial interviews; urine and breathalyzer screenings; 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 and reviews of available educational, delinquency, and 2 dependency records of the child. 3 (54)(52) "Preventive services" means social services 4 and other supportive and rehabilitative services provided to 5 the parent of the child, the legal guardian of the child, or 6 the custodian of the child and to the child for the purpose of 7 averting the removal of the child from the home or disruption 8 of a family which will or could result in the placement of a 9 child in foster care. Social services and other supportive 10 and rehabilitative services shall promote the child's need for 11 a safe, continuous, stable, living environment and shall 12 promote family autonomy and shall strengthen family life as 13 the first priority whenever possible. 14 (55)(53) "Prospective parent" means a person who 15 claims to be, or has been identified as, a person who may be a 16 mother or a father of a child. 17 (56)(54) "Protective investigation" means the review 18 acceptance of a report alleging child abuse or neglect, as 19 defined in this section or s. 415.503, by the central abuse 20 registry and tracking system or the review and acceptance of a 21 report of other dependency by the local children, youth, and 22 families office of the Department of Children and Family 23 Health and Rehabilitative Services; the investigation and 24 classification of each report; the determination of whether 25 action by the court is warranted; the determination of whether 26 the disposition of each report without court or public agency 27 action is when appropriate; the referral of a child to another 28 public or private agency when appropriate; and the 29 recommendation by the protective investigator of court action 30 when appropriate. 31 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (57)(55) "Protective investigator" means an authorized 2 agent of the Department of Children and Family Health and 3 Rehabilitative Services who receives, investigates, and 4 classifies reports of child abuse or neglect as defined in 5 this section or s. 415.503; who, as a result of the 6 investigation, may recommend that a dependency petition be 7 filed for the child under the criteria of paragraph (14)(a); 8 and who performs other duties necessary to carry out the 9 required actions of the protective investigation function. 10 (58)(56) "Protective supervision" means a legal status 11 in dependency cases, child-in-need-of-services cases, or 12 family-in-need-of-services cases which permits the child to 13 remain in his or her own home or other placement under the 14 supervision of an agent of the Department of Juvenile Justice 15 or the Department of Children and Family Health and 16 Rehabilitative Services, subject to being returned to the 17 court during the period of supervision. 18 (59)(57) "Protective supervision case plan" means a 19 document that is prepared by the protective supervision 20 counselor of the Department of Children and Family Health and 21 Rehabilitative Services, is based upon the voluntary 22 protective supervision of a case pursuant to s. 39.403(2)(b), 23 or a disposition order entered pursuant to s. 24 39.41(2)(a)3.(1)(a)1., and that: 25 (a) Is developed in conference with the parent, 26 guardian, or custodian of the child and, if appropriate, the 27 child and any court-appointed guardian ad litem. 28 (b) Is written simply and clearly in the principal 29 language, to the extent possible, of the parent, guardian, or 30 custodian of the child and in English, only for the purpose of 31 correcting the deficiencies cited. 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (c) Is subject to modification based on changing 2 circumstances and negotiations among the parties to the plan 3 and includes, at a minimum: 4 1. All services and activities ordered by the court 5 and their estimated cost. 6 2. Goals and specific activities to be achieved by all 7 parties to the plan. 8 3. Anticipated dates for achieving each goal and 9 activity. 10 4. Signatures of all parties to the plan. 11 (d) Is submitted to the court in cases where a 12 dispositional order has been entered pursuant to s. 13 39.41(2)(a)3(1)(a)1. 14 (60)(58) "Relative" means a grandparent, 15 great-grandparent, sibling, first cousin, aunt, uncle, 16 great-aunt, great-uncle, niece, or nephew, whether related by 17 the whole or half blood, by affinity, or by adoption. The term 18 does not include a stepparent. 19 (61)(59) "Restrictiveness level" means the level of 20 custody provided by programs that service the custody and care 21 needs of committed children. There shall be five 22 restrictiveness levels: 23 (a) Minimum-risk nonresidential.--Youth assessed and 24 classified for placement in programs at this restrictiveness 25 level represent a minimum risk to themselves and public safety 26 and do not require placement and services in residential 27 settings. Programs or program models in this restrictiveness 28 level include: community counselor supervision programs, 29 special intensive group programs, nonresidential marine 30 programs, nonresidential training and rehabilitation centers, 31 and other local community nonresidential programs. 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (b) Low-risk residential.--Youth assessed and 2 classified for placement in programs at this level represent a 3 low risk to themselves and public safety and do require 4 placement and services in residential settings. Programs or 5 program models in this restrictiveness level include: Short 6 Term Offender Programs (STOP), group treatment homes, family 7 group homes, proctor homes, and Short Term Environmental 8 Programs (STEP). 9 (c) Moderate-risk residential.--Youth assessed and 10 classified for placement in programs in this restrictiveness 11 level represent a moderate risk to public safety. Programs 12 are designed for children who require close supervision but do 13 not need placement in facilities that are physically secure. 14 Programs in the moderate-risk residential restrictiveness 15 level provide 24-hour awake supervision, custody, care, and 16 treatment. Upon specific appropriation, a facility at this 17 restrictiveness level may have a security fence around the 18 perimeter of the grounds of the facility and may be 19 hardware-secure or staff-secure. The staff at a facility at 20 this restrictiveness level may seclude a child who is a 21 physical threat to himself or others. Mechanical restraint 22 may also be used when necessary. Programs or program models in 23 this restrictiveness level include: halfway houses, START 24 Centers, the Dade Intensive Control Program, licensed 25 substance abuse residential programs, and moderate-term 26 wilderness programs designed for committed delinquent youth 27 that are operated or contracted by the Department of Juvenile 28 Justice. Section 39.061 applies to children in moderate-risk 29 residential programs. 30 (d) High-risk residential.--Youth assessed and 31 classified for this level of placement require close 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 supervision in a structured residential setting that provides 2 24-hour-per-day secure custody, care, and supervision. 3 Placement in programs in this level is prompted by a concern 4 for public safety that outweighs placement in programs at 5 lower restrictiveness levels. Programs or program models in 6 this level are staff or physically secure residential 7 commitment facilities and include: training schools, intensive 8 halfway houses, residential sex offender programs, long-term 9 wilderness programs designed exclusively for committed 10 delinquent youth, boot camps, secure halfway house programs, 11 and the Broward Control Treatment Center. Section 39.061 12 applies to children placed in programs in this restrictiveness 13 level. 14 (e) Maximum-risk residential.--Youth assessed and 15 classified for this level of placement require close 16 supervision in a maximum security residential setting that 17 provides 24-hour-per-day secure custody, care, and 18 supervision. Placement in a program in this level is prompted 19 by a demonstrated need to protect the public. Programs or 20 program models in this level are maximum-secure-custody, 21 long-term residential commitment facilities that are intended 22 to provide a moderate overlay of educational, vocational, and 23 behavioral-modification services. Section 39.061 applies to 24 children placed in programs in this restrictiveness level. 25 (62)(60) "Reunification services" means social 26 services and other supportive and rehabilitative services 27 provided to the parent of the child, the legal guardian of the 28 child, or the custodian of the child, whichever is applicable, 29 the child, and where appropriate the foster parents of the 30 child for the purpose of enabling a child who has been placed 31 in foster care to return to his or her family at the earliest 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 possible time. Social services and other supportive and 2 rehabilitative services shall promote the child's need for a 3 safe, continuous, stable, living environment and shall promote 4 family autonomy and strengthen family life as a first priority 5 whenever possible. 6 (63)(61) "Secure detention center or facility" means a 7 physically restricting facility for the temporary care of 8 children, pending adjudication, disposition, or placement. 9 (64)(62) "Serious or habitual juvenile offender," for 10 purposes of commitment to a residential facility and for 11 purposes of records retention, means a child who has been 12 found to have committed a delinquent act or a violation of 13 law, in the case currently before the court, and who meets at 14 least one of the following criteria: 15 (a) The youth is at least 13 years of age at the time 16 of the disposition for the current offense and has been 17 adjudicated on the current offense for: 18 1. Arson; 19 2. Sexual battery; 20 3. Robbery; 21 4. Kidnapping; 22 5. Aggravated child abuse; 23 6. Aggravated assault; 24 7. Aggravated stalking; 25 8. Murder; 26 9. Manslaughter; 27 10. Unlawful throwing, placing, or discharging of a 28 destructive device or bomb; 29 11. Armed burglary; 30 12. Aggravated battery; 31 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 13. Lewd or lascivious assault or act in the presence 2 of a child; or 3 14. Carrying, displaying, using, threatening, or 4 attempting to use a weapon or firearm during the commission of 5 a felony. 6 (b) The youth is at least 13 years of age at the time 7 of the disposition, the current offense is a felony, and the 8 child has previously been committed at least two times to a 9 delinquency commitment program. 10 (c) The youth is at least 13 years of age and is 11 currently committed for a felony offense and transferred from 12 a moderate-risk or high-risk residential commitment placement. 13 (65)(63) "Serious or habitual juvenile offender 14 program" means the program established in s. 39.058. 15 (66)(64) "Shelter" means a place for the temporary 16 care of a child who is alleged to be or who has been found to 17 be dependent, a child from a family in need of services, or a 18 child in need of services, pending court disposition before or 19 after adjudication or after execution of a court order. 20 "Shelter" may include a facility which provides 24-hour 21 continual supervision for the temporary care of a child who is 22 placed pursuant to s. 39.422. 23 (67)(65) "Shelter hearing" means a hearing provided 24 for under s. 39.422 in family-in-need-of-services cases or 25 child-in-need-of-services cases. 26 (68)(66) "Social service agency" means the Department 27 of Children and Family Health and Rehabilitative Services, a 28 licensed child-caring agency, or a licensed child-placing 29 agency. 30 (69)(67) "Staff-secure shelter" means a facility in 31 which a child is supervised 24 hours a day by staff members 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 who are awake while on duty. The facility is for the temporary 2 care and assessment of a child who has been found to be 3 dependent, who has violated a court order and been found in 4 contempt of court, or whom the Department of Children and 5 Family Health and Rehabilitative Services is unable to 6 properly assess or place for assistance within the continuum 7 of services provided for dependent children. 8 (70)(68) "Substance abuse" means using, without 9 medical reason, any psychoactive or mood-altering drug, 10 including alcohol, in such a manner as to induce impairment 11 resulting in dysfunctional social behavior. 12 (71)(69) "Substantial compliance" means that the 13 circumstances which caused the placement in foster care have 14 been significantly remedied to the extent that the well-being 15 and safety of the child will not be endangered upon the 16 child's being returned to the child's parent or guardian. 17 (72)(70) "Taken into custody" means the status of a 18 child immediately when temporary physical control over the 19 child is attained by a person authorized by law, pending the 20 child's release, detention, placement, or other disposition as 21 authorized by law. 22 (73)(71) "Temporary legal custody" means the 23 relationship that a juvenile court creates between a child and 24 an adult relative of the child, adult nonrelative approved by 25 the court, or other person until a more permanent arrangement 26 is ordered. Temporary legal custody confers upon the custodian 27 the right to have temporary physical custody of the child and 28 the right and duty to protect, train, and discipline the child 29 and to provide the child with food, shelter, and education, 30 and ordinary medical, dental, psychiatric, and psychological 31 care, unless these rights and duties are otherwise enlarged or 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 limited by the court order establishing the temporary legal 2 custody relationship. 3 (74)(72) "Temporary release" means the terms and 4 conditions under which a child is temporarily released from a 5 commitment facility or allowed home visits. If the temporary 6 release is from a moderate-risk residential facility, a 7 high-risk residential facility, or a maximum-risk residential 8 facility, the terms and conditions of the temporary release 9 must be approved by the child, the court, and the facility. 10 The term includes periods during which the child is supervised 11 pursuant to a reentry program or an aftercare program or a 12 period during which the child is supervised by a case manager 13 or other nonresidential staff of the department or staff 14 employed by an entity under contract with the department. A 15 child placed in a postcommitment community control program by 16 order of the court is not considered to be on temporary 17 release and is not subject to the terms and conditions of 18 temporary release. 19 (75)(73) "To be habitually truant" means that: 20 (a) The child has 15 unexcused absences within 90 days 21 with or without the knowledge or justifiable consent of the 22 child's parent or legal guardian and is not exempt from 23 attendance by virtue of being over the age of compulsory 24 school attendance or by meeting the criteria in s. 232.06, s. 25 232.09, or any other exemptions specified by law or the rules 26 of the State Board of Education; 27 (b) In addition to the actions described in s. 232.17, 28 the school administration has completed the following 29 escalating activities to determine the cause, and to attempt 30 the remediation, of the child's truant behavior: 31 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 1. After a minimum of 3 and prior to 15 unexcused 2 absences within 90 days, one or more meetings have been held, 3 either in person or by phone, between a school attendance 4 assistant or school official social worker, the child's parent 5 or guardian, and the child, if necessary, to report and to 6 attempt to solve the truancy problem. However, if the school 7 attendance assistant or school official social worker has 8 documented the refusal of the parent or guardian or child to 9 participate in the meetings, then this requirement has been 10 met; 11 2. Educational counseling has been provided to 12 determine whether curriculum changes would help solve the 13 truancy problem, and, if any changes were indicated, such 14 changes were instituted but proved unsuccessful in remedying 15 the truant behavior. Such curriculum changes may include 16 enrollment of the child in an alternative education program 17 that meets the specific educational and behavioral needs of 18 the child, including a second chance school, as provided for 19 in s. 230.2316, designed to resolve truant behavior; 20 3. Educational evaluation, pursuant to the 21 requirements of s. 232.19(3)(b)3., has been provided; and 22 4. The school official social worker, the attendance 23 assistant, or the school superintendent's designee if there is 24 no school social worker or attendance assistant has referred 25 the student and family to the children-in-need-of-services and 26 families-in-need-of-services provider or the case staffing 27 committee, established pursuant to s. 39.426, as determined by 28 the cooperative agreement required in s. 232.19(3). The case 29 staffing committee may request the department or its designee 30 to file a child-in-need-of-services petition based upon the 31 report and efforts of the school district or other community 36 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 agency or may seek to resolve the truancy behavior through the 2 school or community-based organizations or agencies. 3 4 If a child within the compulsory school attendance age is 5 responsive to the interventions described in this paragraph 6 and has completed the necessary requirements to pass the 7 current grade as indicated in the district pupil progression 8 plan, the child shall not be determined to be habitually 9 truant. If a child within the compulsory school attendance age 10 has 15 unexcused absences or fails to enroll in school, the 11 State Attorney may file a child-in-need-of-services petition. 12 Prior to filing a petition, the child must be referred to the 13 appropriate agency for evaluation. After consulting with the 14 evaluating agency, the State Attorney may elect to file a 15 child-in-need-of-services petition. 16 (c) A school official social worker or other person 17 designated by the school administration, if the school does 18 not have a school social worker, and an intake counselor or 19 case manager of the Department of Juvenile Justice have 20 jointly investigated the truancy problem or, if that was not 21 feasible, have performed separate investigations to identify 22 conditions which may be contributing to the truant behavior; 23 and if, after a joint staffing of the case to determine the 24 necessity for services, such services were determined to be 25 needed, the persons who performed the investigations met 26 jointly with the family and child to discuss any referral to 27 appropriate community agencies for economic services, family 28 or individual counseling, or other services required to remedy 29 the conditions that are contributing to the truant behavior; 30 and 31 37 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (d) The failure or refusal of the parent or legal 2 guardian or the child to participate, or make a good faith 3 effort to participate, in the activities prescribed to remedy 4 the truant behavior, or the failure or refusal of the child to 5 return to school after participation in activities required by 6 this subsection, or the failure of the child to stop the 7 truant behavior after the school administration and the 8 Department of Juvenile Justice have worked with the child as 9 described in s. 232.19(3) shall be handled as prescribed in s. 10 232.19. 11 (76)(74) "Training school" means one of the following 12 facilities: the Arthur G. Dozier School or the Eckerd Youth 13 Development Center. 14 (77)(75) "Violation of law" or "delinquent act" means 15 a violation of any law of this state, the United States, or 16 any other state which is a misdemeanor or a felony or a 17 violation of a county or municipal ordinance which would be 18 punishable by incarceration if the violation were committed by 19 an adult. 20 (78)(76) "Waiver hearing" means a hearing provided for 21 under s. 39.052(2). 22 Section 3. Section 39.012, Florida Statutes, is 23 amended to read: 24 39.012 Rules for implementation.--The Department of 25 Juvenile Justice shall adopt rules for the efficient and 26 effective management of all programs, services, facilities, 27 and functions necessary for implementing parts II and IV of 28 this chapter, and the Department of Children and Family Health 29 and Rehabilitative Services shall implement only the rules and 30 procedures as set forth in chapters 39 and 415 in cases 31 involving child abuse. No rules or directives will be 38 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 established by any regional office or suboffice which might 2 supersede or lessen the authority set forth in this section 3 adopt rules for the efficient and effective management of all 4 programs, services, facilities, and functions necessary for 5 implementing parts III, V, and VI of this chapter. Such rules 6 may not conflict with the Florida Rules of Juvenile Procedure. 7 All rules and policies must conform to accepted standards of 8 care and treatment. 9 Section 4. Paragraph (c) is added to subsection (2) of 10 section 39.0145, Florida Statutes, to read: 11 39.0145 Punishment for contempt of court; alternative 12 sanctions.-- 13 (2) PLACEMENT IN A SECURE FACILITY.--A child may be 14 placed in a secure facility for purposes of punishment for 15 contempt of court if alternative sanctions are unavailable or 16 inappropriate, or if the child has already been ordered to 17 serve an alternative sanction but failed to comply with the 18 sanction. 19 (c) A child who is alleged or found to be dependent 20 and who is found, in a hearing that affords the child all due 21 process rights as provided in subsection (4), to be in direct 22 contempt of court or to be in indirect contempt of a valid 23 court order may be placed in a staff-secure shelter that is 24 not a correctional facility, a detention facility for 25 delinquent children, or a shelter facility intended solely for 26 children in need of services, if such placement for children 27 adjudicated dependent is available, for a maximum of 3 days 28 following the hearing for the first occurrence of contempt of 29 court; for a maximum of 21 days following the hearing for a 30 second occurrence of contempt of court; and for a maximum of 6 31 months following the hearing for a third or subsequent 39 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 occurrence of contempt of court, while the child remains a 2 dependent child. 3 1. It is the intent of the Legislature that the court 4 restrict and limit the use of contempt powers in dependency 5 cases as applied to children. 6 2. A dependent child believed to be in contempt of 7 court may be taken into custody and placed in a staff-secure 8 shelter by order of the court pursuant to the provisions of s. 9 39.401. 10 3. The court must hold an initial hearing within 24 11 hours after a child alleged or found to be dependent under 12 part III of this chapter is charged with an indirect contempt 13 of court and placed in a staff-secure shelter. 14 a. The purpose of the initial hearing is to determine 15 whether probable cause exists to continue the placement of the 16 child in staff-secure shelter until an evidentiary hearing can 17 be held on the contempt issue. 18 b. At the initial hearing, the child must be provided 19 with the due process rights described in subparagraphs 20 (4)(b)1., 2., 3., and 7. 21 c. The court may order the continued placement of the 22 child in a staff-secure shelter for up to 48 hours after the 23 initial hearing if the court finds that: 24 (I) There is a need for such placement; 25 (II) Reasonable efforts to address the problem outside 26 such placement were attempted and failed; and 27 (III) There is no less restrictive alternative 28 available that is appropriate to address the needs of the 29 community. 30 31 40 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 4. The order for the placement must be in writing and 2 must contain specific findings of fact to support the 3 conclusions of law. 4 5. The timeframes set forth in this paragraph are to 5 be strictly followed without exception. 6 Section 5. Paragraph (b) of subsection (2) of section 7 39.038, Florida Statutes, is amended to read: 8 39.038 Release or delivery from custody.-- 9 (2) Unless otherwise ordered by the court pursuant to 10 s. 39.044, and unless there is a need to hold the child, a 11 person taking a child into custody shall attempt to release 12 the child as follows: 13 (b) Contingent upon specific appropriation, to a 14 shelter approved by the department or to a protective 15 investigator pursuant to s. 39.401(2)(b). 16 Section 6. Subsection (2) of section 39.044, Florida 17 Statutes, 1996 Supplement, is amended to read: 18 39.044 Detention.-- 19 (2) Subject to the provisions of subsection (1), a 20 child taken into custody and placed into nonsecure or home 21 detention care or detained in secure detention care prior to a 22 detention hearing may continue to be detained by the court if: 23 (a) The child is alleged to be an escapee or an 24 absconder from a commitment program, a community control 25 program, furlough, or aftercare supervision, or is alleged to 26 have escaped while being lawfully transported to or from such 27 program or supervision; 28 (b) The child is wanted in another jurisdiction for an 29 offense which, if committed by an adult, would be a felony; 30 (c) The child is charged with a delinquent act or 31 violation of law and requests in writing through legal counsel 41 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 to be detained for protection from an imminent physical threat 2 to his or her personal safety; 3 (d) The child is charged with committing an offense of 4 domestic violence as defined in s. 741.28(1) and is detained 5 as provided in s. 39.042(2)(b)3.; 6 (e) The child is charged with a capital felony, a life 7 felony, a felony of the first degree, a felony of the second 8 degree that does not involve a violation of chapter 893, or a 9 felony of the third degree that is also a crime of violence, 10 including any such offense involving the use or possession of 11 a firearm; or 12 (f) The child is charged with any second degree or 13 third degree felony involving a violation of chapter 893 or 14 any third degree felony that is not also a crime of violence, 15 and the child: 16 1. Has a record of failure to appear at court hearings 17 after being properly notified in accordance with the Rules of 18 Juvenile Procedure; 19 2. Has a record of law violations prior to court 20 hearings; 21 3. Has already been detained or has been released and 22 is awaiting final disposition of the case; 23 4. Has a record of violent conduct resulting in 24 physical injury to others; or 25 5. Is found to have been in possession of a firearm. 26 27 A child who meets any of these criteria and who is ordered to 28 be detained pursuant to this subsection shall be given a 29 hearing within 24 hours after being taken into custody. The 30 hearing may be conducted by means of closed circuit television 31 if the child has immediate access to his or her legal 42 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 representative and is given the opportunity to confer 2 privately with his or her legal representative. The purpose of 3 the detention hearing is to determine the existence of 4 probable cause that the child has committed the delinquent act 5 or violation of law with which he or she is charged and the 6 need for continued detention. Unless a child is detained under 7 paragraph (d), the court shall utilize the results of the risk 8 assessment performed by the intake counselor or case manager 9 and, based on the criteria in this subsection, shall determine 10 the need for continued detention. A child placed into secure, 11 nonsecure, or home detention care may continue to be so 12 detained by the court pursuant to this subsection. If the 13 court orders a placement more restrictive than indicated by 14 the results of the risk assessment instrument, the court shall 15 state, in writing, clear and convincing reasons for such 16 placement. Except as provided in s. 790.22(8) or in 17 subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c), 18 or paragraph (10)(d), when a child is placed into secure or 19 nonsecure detention care, or into a respite home or other 20 placement pursuant to a court order following a hearing, the 21 court order must include specific instructions that direct the 22 release of the child from such placement no later than 5 p.m. 23 on the last day of the detention period specified in paragraph 24 (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1., 25 whichever is applicable, unless the requirements of such 26 applicable provision have been met or an order of continuance 27 has been granted pursuant to paragraph (5)(d). 28 Section 7. The Department of Children and Family 29 Services shall document the savings and losses resulting from 30 the enactment of this act and shall submit that documentation 31 to the Executive Office of the Governor, Office of Planning 43 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 and Budget, and to the chairs of the Fiscal Responsibility 2 Council of the House of Representatives and the Senate Ways 3 and Means Committee. If the requirements of s. 415.51(4), 4 Florida Statutes, result in the loss of federal funds in 5 excess of the amount of savings resulting from the enactment 6 of this act, the amendment of that subsection by this act is 7 void, and further legislation is required to effect the 8 changes made to that subsection by this act. In accordance 9 with chapter 216, Florida Statutes, the department may 10 redirect funds from agency savings achieved through decreased 11 workload resulting from the enactment of this act to cover any 12 increased costs incurred by the department in implementing it. 13 Section 8. (1) The professionals specifically 14 designated in s. 415.504(1), Florida Statutes, who report 15 child abuse or neglect under that section must identify 16 themselves when making the report. 17 (2) The central abuse hotline must be operated in such 18 a manner as to enable the reports to be traced electronically. 19 Section 9. Section 39.39, Florida Statutes, is amended 20 to read: 21 39.39 Definition.--As used in ss. 39.40-39.418, the 22 term "department" means the Department of Children and Family 23 Health and Rehabilitative Services. 24 Section 10. Subsections (1), (3), and (4) of section 25 39.40, Florida Statutes, are amended to read: 26 39.40 Procedures and jurisdiction.-- 27 (1) All procedures, including petitions, pleadings, 28 subpoenas, summonses, and hearings, in dependency cases shall 29 be according to the Florida Rules of Criminal Juvenile 30 Procedure unless otherwise provided by law. Parents must be 31 informed by the court of their right to counsel in dependency 44 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 proceedings at each stage of the dependency proceedings. 2 Parents who are unable to afford counsel and who are 3 threatened with criminal charges based on the facts underlying 4 the dependency petition or a permanent loss of custody of 5 their children must be appointed counsel. 6 (3) The court within 15 days shall resolve expedite 7 the resolution of the placement issue in cases involving a 8 child under 4 years of age when the child has been removed 9 from the family and placed in a shelter. 10 (4) The court within 30 days shall resolve expedite 11 the judicial handling of all cases when the child has been 12 removed from the family and placed in a shelter, and of all 13 cases involving a child under 4 years of age within 15 days. 14 Section 11. Section 39.401, Florida Statutes, is 15 amended to read: 16 39.401 Taking a child alleged to be dependent into 17 custody.-- 18 (1) A child may only be taken into custody: 19 (a) Pursuant to an order of the circuit court issued 20 pursuant to the provisions of ss. 39.4015 and 39.402 this 21 part, based upon sworn testimony, either before or after a 22 petition is filed. 23 (b) By a law enforcement officer, or an authorized 24 agent of the department, pursuant to the provisions of ss. 25 39.4015 and 39.402 if the officer or agent has probable cause 26 to support a finding of reasonable grounds for removal and 27 that removal is necessary to protect the child. Reasonable 28 grounds for removal are as follows: 29 1. That the child has been abused, neglected, or 30 abandoned, or is suffering from or is in imminent danger of 31 45 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 illness or injury as a result of abuse, neglect, or 2 abandonment; 3 2. That the custodian of the child has materially 4 violated a condition of placement imposed by the court; or 5 3. That the child has no parent, legal custodian, or 6 responsible adult relative immediately known and available to 7 provide supervision and care. 8 (2) If the person taking the child into custody is not 9 an authorized agent of the department, that person shall: 10 (a) Release the child to a parent, guardian, legal 11 custodian, responsible adult approved by the court when 12 limited to temporary emergency situations, responsible adult 13 relative who shall be given priority consideration over a 14 nonrelative placement, or responsible adult approved by the 15 department; within 3 days following such release, the person 16 taking the child into custody shall make a full written report 17 to the department for cases involving allegations of 18 abandonment, abuse, or neglect or other dependency cases; or 19 (b) Deliver the child to an authorized agent of the 20 department, stating the facts by reason of which the child was 21 taken into custody and sufficient information to establish 22 probable cause that the child is abandoned, abused, or 23 neglected, or otherwise dependent and make a full written 24 report to the department within 3 days. 25 (2)(3) If, after a petition has been filed with the 26 court, the child is taken into custody by, or is delivered to, 27 an authorized agent of the department, that the authorized 28 agent shall review the facts supporting the removal with the 29 department legal staff prior to the emergency shelter hearing. 30 The purpose of this review shall be to determine whether there 31 are grounds to file a probable cause exists for the filing of 46 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 an emergency shelter petition for continuation of emergency 2 shelter pursuant to s. 39.402(2)(1). If the facts are not 3 sufficient to support the filing of a petition, the child 4 shall immediately be returned to the custody of the parent or 5 legal custodian. If the facts are sufficient to support the 6 filing of the petition, and the child has not been returned to 7 the custody of the parent or legal custodian, the department 8 shall file the petition and schedule a hearing pursuant to s. 9 39.402(2)(1), such hearing to be held within 24 hours after 10 the removal of the child. While awaiting the emergency shelter 11 hearing, the authorized agent of the department may place the 12 child in licensed shelter care or may release the child to a 13 parent, guardian, legal custodian, responsible adult relative 14 who shall be given priority consideration over a nonrelative 15 placement, or responsible adult approved by the department. 16 In addition, the department may authorize placement of a 17 housekeeper/homemaker in the home of a child alleged to be 18 dependent until the parent or legal custodian assumes care of 19 the child. 20 (3)(a) Notwithstanding subsection (1), a protective 21 investigator or law enforcement officer may take a child into 22 custody without a court order if it is necessary to remove the 23 child from the home due to a medical emergency. The court 24 shall hold an emergency shelter hearing within 24 hours after 25 issuing the emergency order to determine whether the removal 26 should continue. 27 (b) In the case of a nonmedical emergency, the 28 protective investigator may petition the court for an 29 emergency order to allow the removal of a child from the home. 30 The order is effective immediately upon issuance, but the 31 court must hold an emergency shelter hearing within 24 hours 47 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 after issuing the emergency order to determine whether the 2 removal should continue. At the time the child is removed 3 from the home, the child's parent or guardian must be 4 personally served with notice of the date, time, and place of 5 the emergency shelter hearing. The court shall require the 6 person serving notice to provide proof of service as otherwise 7 required for a shelter hearing under s. 39.402(4)(c). 8 Section 12. Section 39.4015, Florida Statutes, is 9 created to read: 10 39.4015 Court order required to take child into 11 custody; penalties.-- 12 (1) This section may be cited as the "Family Bill of 13 Rights Act." 14 (2)(a) Except as provided under s. 39.402(2), a 15 protective investigator of the Department of Children and 16 Family Services may not take a child into custody unless the 17 circuit court issues an order permitting the child to be taken 18 into custody. The court's order must be based on a sworn 19 affidavit stating that the child is in immediate danger and 20 setting forth reasons why the department's protective 21 investigator supports the allegations. 22 (b) As used in this section, the term "immediate 23 danger" means that the child is likely to suffer serious 24 injury or is in imminent danger of death or sexual abuse. 25 (3) A person who knowingly makes, or assists another 26 person in making, a false statement in the sworn affidavit 27 stating that a child is in immediate danger is guilty of a 28 felony of the third degree, punishable as provided in s. 29 775.082, s. 775.083, or s. 775.084. 30 (4) Except as provided under s. 39.402(2), a person 31 who takes a child into custody without a valid court order is 48 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 guilty of a misdemeanor of the first degree, punishable as 2 provided in s. 775.082 or s. 775.083. 3 (5)(a) The Department of Children and Family Services 4 shall audio-record or videotape all meetings with children in 5 the absence of their parents. The accused or spouse of the 6 accused shall be allowed to audio-record or videotape any 7 department-related activity at home. All audiotapes, 8 videotapes, and applicable files shall be accessible to the 9 defendant and be admissible in court. 10 (b) Any individual accused of child abuse of a 11 relative shall have all the procedural and substantive rights 12 that are afforded to the accused in criminal investigations, 13 including the presumption of innocence and the right to face 14 one's accuser. 15 (c) A report of abuse may not be made anonymously, but 16 must be handled according to the applicable provisions for 17 confidentiality. When brought to court, the confidentiality 18 provisions must be waived. 19 (d) In all dependency proceedings, the ultimate 20 prevailing party shall be entitled to attorney's fees and 21 costs. Funds payable by the Department of Children and Family 22 Services shall come from the existing budget of the 23 department. 24 (e) The state has an obligation to guarantee that the 25 child will not be abused in its custody. If the child is 26 abused in state custody, all persons involved in the abuse may 27 be held personally and civilly liable, and sovereign immunity 28 shall be waived. All foster parents shall, without notice, be 29 required to take a drug test at least once a year. 30 (f) A court order must be obtained before removing any 31 child from custody of a parent or legal guardian. The state 49 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 must sign an affidavit detailing clear and convincing evidence 2 that the child is in immediate danger if allowed to remain 3 with the parents or legal guardian. The aforementioned 4 affidavit carries with it a penalty of perjury. 5 (g) If the state is unable to prove that the child is 6 in immediate danger, then the child must be returned to the 7 parents or legal guardian. The rules of evidence and 8 constitutional due process rights shall apply, and the accused 9 shall have all the rights accorded to accused defendants in 10 criminal cases. 11 (h) If the parents do not have an attorney in any 12 situation where loss of parental rights or custody may result, 13 and cannot afford one, the court shall appoint an attorney for 14 them. The attorney fees shall be at the existing hourly rate 15 paid attorneys appointed in criminal cases. 16 (i) Hearsay statements are not admissible in juvenile 17 courts. The rules of procedure in juvenile court for child 18 abuse and dependency cases shall be the same as those used in 19 the Florida Rules of Criminal Procedure. 20 Section 13. Section 39.402, Florida Statutes, is 21 amended to read: 22 39.402 Placement in a shelter.-- 23 (1) Except as provided in subsection (2) and unless 24 ordered by the court under this chapter, a child may not be 25 taken into custody or shall not be placed in a shelter prior 26 to a court hearing. unless there are reasonable grounds for 27 removal and removal is necessary to protect the child. 28 Reasonable grounds for removal are as follows: 29 (a) The child has been abused, neglected, or 30 abandoned, or is suffering from or is in imminent danger of 31 50 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 illness or injury as a result of abuse, neglect, or 2 abandonment; 3 (b) The custodian of the child has materially violated 4 a condition of placement imposed by the court; or 5 (c) The child has no parent, legal custodian, or 6 responsible adult relative immediately known and available to 7 provide supervision and care. 8 (2)(a) Notwithstanding subsection (1), a protective 9 investigator or law enforcement officer may take a child into 10 custody without a court order if it is necessary to remove the 11 child from the home due to a medical emergency or if, in the 12 reasonable judgment of the protective investigator or law 13 enforcement officer, the child is subject to imminent harm or 14 danger. In addition, a law enforcement officer may take a 15 child into custody without a court order if the officer 16 believes that the child is a runaway or is truant from school. 17 The court shall hold an emergency hearing within 24 hours 18 after the child is removed from the home to determine whether 19 the emergency removal should continue. 20 (b) In the case of a nonmedical emergency, the 21 protective investigator may petition the court for an 22 emergency order to allow the removal of a child from the home. 23 The order is effective immediately upon issuance, but the 24 court must hold an emergency shelter hearing within 24 hours 25 after issuing the emergency order to determine whether the 26 removal should continue. At the time the child is removed from 27 the home, the child's parent or guardian must be personally 28 served with notice of the date, time, and place of the 29 emergency shelter hearing as provided in chapter 48. The 30 department shall file an affidavit with the court stating that 31 reasonable efforts were made to personally serve the child's 51 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 parent or guardian with notice of the emergency shelter 2 hearing. 3 (3)(2) A child taken into custody may be placed or 4 continued in a shelter only if one or more of the criteria in 5 subsection (1) applies and the court has made a specific 6 finding of fact regarding the necessity for removal of the 7 child from the home and has made a determination that the 8 provision of appropriate and available services will not 9 eliminate the need for placement. 10 (3) Whenever a child is taken into custody, the 11 department shall immediately notify the parents or legal 12 custodians, shall provide the parents or legal custodians with 13 a statement setting forth a summary of procedures involved in 14 dependency cases, and shall notify them of their right to 15 obtain their own attorney. 16 (4) If the department determines that placement in a 17 shelter is necessary under subsections (1) and (2), the 18 authorized agent of the department shall authorize placement 19 of the child in a shelter. 20 (a) The parents or legal custodians of the child shall 21 be given actual notice of the date, time, and location of the 22 emergency shelter hearing. If the parents are outside the 23 jurisdiction of the court, are not known, or cannot be located 24 or refuse or evade service, they shall be given such notice as 25 best ensures their actual knowledge of the date, time, and 26 location of the emergency shelter hearing. The person 27 providing or attempting to provide notice to the parents or 28 legal custodians shall, if the parents or legal custodians are 29 not present at the hearing, advise the court either in person 30 or by sworn affidavit, of the attempts made to provide notice 31 and the results of those attempts. 52 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (b) At the emergency shelter hearing, the department 2 must establish probable cause that reasonable grounds for 3 removal exist and that the provision of appropriate and 4 available services will not eliminate the need for placement. 5 (c) The parents or legal custodians shall be given an 6 opportunity to be heard and to present evidence at the 7 emergency shelter hearing. 8 (4)(5)(a) The circuit court, or the county court, if 9 previously designated by the chief judge of the circuit court 10 for such purpose, shall hold the shelter hearing. 11 (b) The shelter petition filed with the court must 12 address each condition required to be determined by the court 13 in subsection (6) (7). 14 (c) The child's parent or guardian must be personally 15 served by an agent of the department as soon as reasonably 16 possible with notice of the date, time, and place of the 17 shelter hearing. The notice must be served as provided in 18 chapter 48 and must include a detailed explanation that 19 contains the reasons for the child's removal from the home, a 20 summary of the procedures involved in the dependency cases, 21 and the parent's or guardian's right to obtain an attorney. 22 The court shall require proof of service of process. The 23 person serving notice shall sign an affidavit, under penalty 24 of perjury, which states the time, manner, and place of 25 service of process, or, if the parent or guardian refuses to 26 accept service or evaded service, states that the person 27 serving notice was unable to effect notice after due 28 diligence. 29 (5)(6) A child may not be removed from the home 30 without a written court order or continued out of the home 31 pending disposition if, with the provision of appropriate and 53 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 available services, including services provided in the home, 2 the child could safely remain at home. If the child's safety 3 and well-being are in danger, and a written court order has 4 been obtained, the child shall be removed from danger and 5 continue to be removed until the danger has passed. If the 6 child has been removed from the home and the reasons for his 7 removal have been remedied, the child may be returned to the 8 home. If the court finds at the initial hearing that the 9 prevention or reunification efforts of the department will 10 allow the child to remain safely at home, the court shall 11 allow the child to remain in the home after making a specific 12 finding of fact that the child's safety and well-being will 13 not be endangered. 14 (6)(7)(a) A child may not be held in a shelter longer 15 than 24 hours unless an order so directing is entered by the 16 court after an emergency shelter hearing. At the emergency 17 shelter hearing, the court shall appoint a guardian ad litem 18 to represent the child unless the court finds that such 19 representation is unnecessary. The parents or legal custodians 20 of the child shall be given such notice as best ensures their 21 actual knowledge of the time and place of the hearing and 22 shall be given an opportunity to be heard and to present 23 evidence at the emergency shelter hearing. 24 (b) The order for placement of a child in shelter care 25 must identify the parties present at the hearing and must 26 contain written findings that, based upon the allegations of 27 the petition for placement in shelter care, there is probable 28 cause to believe that the child is in immediate danger.: 29 1. That placement in shelter care is necessary based 30 on the criteria in subsections (1) and (2). 31 54 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 2. That placement in shelter care is in the best 2 interest of the child. 3 3. That continuation of the child in the home is 4 contrary to the welfare of the child because the home 5 situation presents a substantial and immediate danger to the 6 child which cannot be mitigated by the provision of preventive 7 services. 8 4. That based upon the allegations of the petition for 9 placement in shelter care, there is probable cause to believe 10 that the child is dependent. 11 5. That the department has made reasonable efforts to 12 prevent or eliminate the need for removal of the child from 13 the home. A finding of reasonable effort by the department to 14 prevent or eliminate the need for removal may be made and the 15 department is deemed to have made reasonable efforts to 16 prevent or eliminate the need for removal if: 17 a. The first contact of the department with the family 18 occurs during an emergency. 19 b. The appraisal of the home situation by the 20 department indicates that the home situation presents a 21 substantial and immediate danger to the child which cannot be 22 mitigated by the provision of preventive services. 23 c. The child cannot safely remain at home, either 24 because there are no preventive services that can ensure the 25 safety of the child or because, even with appropriate and 26 available services being provided, the safety of the child 27 cannot be ensured. 28 (c) The failure to provide notice to a party or 29 participant does not invalidate an order placing a child in a 30 shelter if the court finds that the petitioner has made a good 31 faith effort to provide such notice. 55 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (d) In the interval until the shelter hearing is held 2 under paragraph (a), the decision to place the child in a 3 shelter or release the child from a shelter lies with the 4 protective investigator in accordance with subsection (3). 5 (7)(8) A child may not be held in a shelter under an 6 order so directing for more than 14 21 days unless an order of 7 adjudication for the case has been entered by the court. The 8 parent, guardian, or custodian of the child must be notified 9 of any order directing placement of the child in an emergency 10 shelter and, upon request, must be afforded a hearing within 11 48 hours, excluding Sundays and legal holidays, to review the 12 necessity for continued placement in the shelter for any time 13 periods as provided in this section. At any arraignment 14 hearing or determination of emergency shelter care, the court 15 shall determine visitation rights absent a clear and 16 convincing showing that visitation is not in the best interest 17 of the child, and the court shall make a written determination 18 as to whether the department has made a reasonable effort to 19 prevent or eliminate the need for removal or continued removal 20 of the child from the home. If the department has not made 21 such an effort, the court shall order the department to 22 provide appropriate and available services to assure the 23 protection of the child in the home when such services are 24 necessary for the child's safety. Within 7 days after the 25 child is taken into custody, a petition alleging dependency 26 must be filed and, within 14 days after the child is taken 27 into custody, an arraignment hearing must be held for the 28 child's parent, guardian, or custodian to admit, deny, or 29 consent to the findings of dependency alleged in the petition. 30 Failure to meet the deadline for the arraignment is a second 31 56 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 degree misdemeanor, punishable as provided in s. 775.082 or s. 2 775.083. 3 (8)(9) A child may not be held in a shelter for more 4 than 30 days after the entry of an order of adjudication 5 unless an order of disposition under s. 39.41 has been entered 6 by the court. 7 (9)(10) The time limitation limitations in subsection 8 (7) does (8) do not include: 9 (a) Periods of delay resulting from a continuance 10 granted at the request or with the consent of the child's 11 counsel or the child's guardian ad litem, if one has been 12 appointed by the court, or, if the child is of sufficient 13 capacity to express reasonable consent, at the request or with 14 the consent of the child's attorney or the child's guardian ad 15 litem, if one has been appointed by the court, and the child. 16 (b) Periods of delay resulting from a continuance 17 granted at the request of the attorney for the department, if 18 the continuance is granted: 19 1. Because of an unavailability of evidence material 20 to the case when the attorney for the department has exercised 21 due diligence to obtain such evidence and there are 22 substantial grounds to believe that such evidence will be 23 available within 30 days. However, if the department is not 24 prepared to present its case within 30 days, the parent or 25 guardian may move for issuance of an order to show cause or 26 the court on its own motion may impose appropriate sanctions, 27 which may include dismissal of the petition. 28 2. To allow the attorney for the department additional 29 time to prepare the case and additional time is justified 30 because of an exceptional circumstance. 31 57 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (c) Reasonable periods of delay necessary to 2 accomplish notice of the hearing to the child's parents and 3 the parent's attorney; however, the petitioner shall continue 4 regular efforts to provide notice to the parents and the 5 parent's attorney during such periods of delay. 6 (d) Reasonable periods of delay resulting from a 7 continuance granted at the request of the parent or legal 8 custodian of a subject child. 9 (10)(11) The court shall review the necessity for a 10 child's continued placement in a shelter in the same manner as 11 the initial placement decision was made, with the goal being 12 reunification of the family, and shall make a determination 13 regarding the continued placement: 14 (a) Within 24 hours after any violation of the time 15 requirements for the filing of a petition or the holding of an 16 arraignment hearing as prescribed in subsection (7) (8); or 17 (b) Prior to the court's granting any delay as 18 specified in subsection (9) (10). 19 (11)(12) When any child is placed in a shelter under a 20 court order following a shelter hearing, the court shall order 21 the parents of the child, or the guardian of the child's 22 estate, if possessed of assets which under law may be 23 disbursed for the care, support, and maintenance of the child, 24 to pay, to the department or institution having custody of the 25 child, fees as established by the department. When the order 26 affects the guardianship estate, a certified copy of the order 27 shall be delivered to the judge having jurisdiction of the 28 guardianship estate. 29 Section 14. Section 39.403, Florida Statutes, is 30 amended to read: 31 39.403 Protective investigation.-- 58 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (1) Protective investigation shall be performed by the 2 department. A report or complaint alleging that a child is 3 dependent as a result of child abuse or neglect as defined in 4 this chapter and in s. 415.503 shall be made to the central 5 abuse registry and tracking system. Complaints alleging that 6 a child is dependent on any basis other than as a result of 7 child abuse or neglect as defined in s. 415.503 shall be made 8 to the local children, youth, and families office of the 9 department operating in the county in which the child is found 10 or in which the case arose. Any person or agency having 11 knowledge of the facts may make a report or complaint. The 12 report shall not be made anonymously. The complainant must 13 shall furnish to the protective investigation office or the 14 appropriate service unit of the local children, youth, and 15 families office of the department, whichever is appropriate, 16 facts sufficient to establish the jurisdiction of the court 17 and to support a finding by the court that the child is 18 dependent. 19 (2) The protective investigator shall make a 20 preliminary determination as to whether the report or 21 complaint is complete, consulting with the attorney for the 22 department when necessary. In any case in which the 23 protective investigator finds that the report or complaint is 24 incomplete, the protective investigator shall return it 25 without delay to the person or agency originating the report 26 or complaint or having knowledge of the facts, or to the 27 appropriate law enforcement agency having investigative 28 jurisdiction, and request additional information in order to 29 complete the report or complaint; however, the confidentiality 30 of any report filed in accordance with ss. 415.502-415.514 31 shall not be violated. A report shall not be made anonymously. 59 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (a) If the protective investigator determines that the 2 report or complaint is complete, he or she may, after 3 determining that such action would be in the best interests of 4 the child, request the attorney for the department to file a 5 petition for dependency. 6 (b) If the protective investigator determines that the 7 report or complaint is complete, but that in his or her 8 judgment the interest of the child and the public will be best 9 served by providing the child care or other treatment 10 voluntarily accepted by the child and the parents or legal 11 custodians, the protective investigator may refer the child 12 for such care or other treatment. 13 (c) If the protective investigator refuses to request 14 the attorney for the department to file a petition for 15 dependency, the complainant shall be advised of the right to 16 file a petition pursuant to this part. 17 Section 15. Subsection (1), paragraphs (h), (i), and 18 (j) of subsection (4), and subsections (5) and (6) of section 19 39.4031, Florida Statutes, are amended to read: 20 39.4031 Case plan requirements.-- 21 (1) The department is responsible for developing or 22 agent of the department shall develop a case plan for each 23 child or child's family receiving services who is a party to 24 any dependency proceeding, activity, or process under this 25 part. A parent, guardian, or custodian of a child may not be 26 required nor coerced through threat of loss of custody or 27 parental rights to admit in the case plan to abusing, 28 neglecting, or abandoning a child. This section does not 29 change the provisions of s. 39.464. 30 (4) When the child is receiving services in a 31 placement outside the child's home or in foster care, the case 60 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 plan must be prepared within 30 days after placement and also 2 be approved by the court and must include, in addition to the 3 requirements in subsections (2) and (3), at a minimum: 4 (h) A description of the plan for assuring that proper 5 and necessary services as outlined in the case plan are 6 provided to the child and the child's parent or parents to 7 address the needs of the child and a discussion of the 8 appropriateness of the services. 9 (i) A description of the plan for assuring that proper 10 and necessary services are provided to the child and the 11 child's parents and the foster parents to address the needs of 12 the child while in foster care. 13 (j) A written certified notice to the parent and to 14 the parent's attorney that failure of the parent to 15 substantially comply with the case plan may result in the 16 termination of parental rights, and that a material failure to 17 substantially comply may result in the filing of a petition 18 for termination of parental rights sooner than the compliance 19 periods set forth in the case plan itself. The child 20 protection team shall coordinate its effort with the case 21 staffing committee. 22 (5) In the event that the parents are unwilling or 23 unable to participate in the development of a case plan, the 24 department shall document that unwillingness or inability and 25 provide in writing to the parent and the parent's attorney 26 when available for the court record and then the department 27 shall prepare a case plan conforming as nearly as possible 28 with the requirements set forth in this section. The 29 unwillingness or inability of the parents to participate in 30 the development of a case plan shall not in itself bar the 31 filing of a petition for dependency or for termination of 61 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 parental rights. The parents and the parent's attorney, if 2 available, must be provided a copy of the case plan and be 3 advised that they may at any time prior to the filing of 4 petition for termination of parental rights enter into a case 5 plan and that they may request judicial review of any 6 provision of the case plan with which they disagree at any 7 court review hearing set for the child. 8 (6) The services delineated in the case plan must be 9 designed only to improve the conditions in the family home and 10 aid in maintaining the child in the home, to facilitate the 11 return of the child to the family home, or to facilitate the 12 permanent placement of the child. The service intervention 13 must be the least intrusive possible into the life of the 14 family, must focus on clearly defined objectives, and must 15 provide the most efficient path to quick reunification or 16 permanent placement. To the extent possible, the service 17 intervention must be grounded in outcome evaluation results 18 that demonstrate success in the reunification or permanent 19 placement process. In designing service interventions, 20 generally recognized standards of the professions involved in 21 the process must be taken into consideration. 22 Section 16. Subsection (2) of section 39.4032, Florida 23 Statutes, is amended to read: 24 39.4032 Multidisciplinary case staffing.-- 25 (2) The case staffing committee shall perform a 26 comprehensive assessment, as defined in s. 39.01, and may 27 further develop an initial case plan for which the complaint 28 was originally filed if needed or may amend an existing case 29 plan subject to the approval of the parties. Court approval of 30 the plan and any amendments is also required if the child has 31 been removed from the home. 62 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 Section 17. Subsection (3) of section 39.4033, Florida 2 Statutes, is amended to read: 3 39.4033 Referral of a dependency case to mediation.-- 4 (3) The department shall advise the parents or legal 5 guardians and their attorney that they are responsible for 6 contributing to the cost of the family mediation to the extent 7 of their ability to pay. 8 Section 18. Subsection (4) of section 39.404, Florida 9 Statutes, is amended to read: 10 39.404 Petition for dependency.-- 11 (4) When the child has been taken into custody, a 12 petition alleging dependency must be filed within 5 7 days 13 after the date the child is taken into custody. The parents 14 must be served with a copy of the petition at least 48 hours 15 before the arraignment hearing. In all other cases, the 16 petition must be filed within a reasonable time after the date 17 the child was referred to protective investigation under s. 18 39.403. 19 Section 19. Subsection (1) of section 39.405, Florida 20 Statutes, is amended to read: 21 39.405 Notice, process, and service.-- 22 (1) Unless parental rights have been terminated, all 23 parents and the parents' attorney must be notified of all 24 proceedings involving the child. Notice in cases involving 25 shelter hearings and hearings resulting from medical 26 emergencies must be that most likely to result in actual 27 notice to the parents and the parents' attorney. In all other 28 dependency proceedings, notice must be provided in accordance 29 with subsections (4) through (9). 30 31 63 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 Section 20. Paragraph (a) of subsection (2) and 2 paragraph (a) of subsection (3) of section 39.4055, Florida 3 Statutes, are amended to read: 4 39.4055 Injunction pending disposition of petition for 5 detention or dependency; penalty.-- 6 (2)(a) Notice shall be provided to the parties as set 7 forth in the Florida Rules of Criminal Juvenile Procedure, 8 unless the child is reported to be in imminent danger, in 9 which case the court may issue an injunction immediately. When 10 such an immediate injunction is issued, the court shall hold a 11 hearing on the next day of judicial business either to 12 dissolve the injunction or to continue or modify it in 13 accordance with the other provisions of this section. 14 (3)(a) In every instance in which an injunction is 15 issued under this section, the purpose of the injunction shall 16 be primarily to protect and promote the best interests of the 17 child and the family, taking the preservation of the child's 18 immediate family into consideration. The effective period of 19 the injunction shall be determined by the court, except that 20 the injunction will expire at the time of the disposition of 21 the petition for detention or dependency. 22 Section 21. Section 39.407, Florida Statutes, is 23 amended to read: 24 39.407 Medical, psychiatric, and psychological 25 examination and treatment of child; physical or mental 26 examination of parent, guardian, or person requesting custody 27 of child.-- 28 (1) When any child is taken into custody by order of 29 the court and is to be detained in shelter care, the 30 department is not authorized to have a medical screening 31 performed on the child without authorization from the court 64 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 and without consent from a parent or guardian. Such medical 2 screening shall only be performed by a licensed health care 3 professional and shall only be to examine the child for 4 injury, illness, and communicable diseases and to determine 5 the need for immunization. The department shall by rule 6 establish the invasiveness of the medical procedures 7 authorized to be performed under this subsection. In no case 8 does this subsection authorize the department to consent to 9 medical treatment for such children. 10 (2) When the department has performed the medical 11 screening authorized by subsection (1), or when it is 12 otherwise determined by a licensed health care professional 13 that a child who is in the custody of the department, but who 14 has not been committed to the department pursuant to s. 39.41, 15 is in need of medical treatment, including the need for 16 immunization, consent for medical treatment shall be obtained 17 in the following manner: 18 (a)1. Consent to medical treatment shall be obtained 19 from a parent or guardian of the child; or 20 2. A court order for such treatment shall be obtained. 21 (b) If a parent or guardian of the child is 22 unavailable and his or her whereabouts cannot be reasonably 23 ascertained, and it is after normal working hours so that a 24 court order cannot reasonably be obtained, an authorized agent 25 of the department shall have the authority to consent to 26 necessary medical treatment, including immunization, for the 27 child. the authority of the department to consent to medical 28 treatment in this circumstance shall be limited to the time 29 reasonably necessary to obtain court authorization. 30 (c) If a parent or guardian of the child is available 31 but refuses to consent to the necessary treatment, including 65 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 immunization, a court order shall be required unless the 2 situation meets the definition of an emergency in s. 743.064 3 or the treatment needed is related to suspected abuse or 4 neglect of the child by a parent or guardian. In such case, 5 the department shall have the authority to consent to 6 necessary medical treatment. This authority is limited to the 7 time reasonably necessary to obtain court authorization. 8 9 In no case shall the department consent to sterilization, 10 abortion, or termination of life support. 11 (3) A judge may order a child in the physical custody 12 of the department to be examined by a licensed health care 13 professional. The judge may also order such child to be 14 evaluated by a licensed psychiatrist or a licensed 15 psychologist, by a district school board educational needs 16 assessment team, or, if a developmental disability is 17 suspected or alleged, by the developmental disability 18 diagnostic and evaluation team of the department. If it is 19 necessary to place a child in a residential facility for such 20 evaluation, then the criteria and procedure established in s. 21 394.463(2) or chapter 393 shall be used, whichever is 22 applicable. The educational needs assessment provided by the 23 district school board educational needs assessment team shall 24 include, but not be limited to, reports of intelligence and 25 achievement tests, screening for learning disabilities and 26 other handicaps, and screening for the need for alternative 27 education as defined in s. 230.2315(2). 28 (4) A judge may order a child in the physical custody 29 of the department to be treated by a licensed health care 30 professional only after clear and convincing based on evidence 31 is provided that the child should receive treatment. The 66 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 judge may also order such child to receive mental health or 2 retardation services from a licensed psychiatrist, licensed 3 psychologist, or other appropriate licensed service provider. 4 If it is necessary to place the child in a residential 5 facility for such services, then the procedures and criteria 6 established in s. 394.467 or chapter 393 shall be used, 7 whichever is applicable. A child may be provided mental health 8 or retardation services in emergency situations, pursuant to 9 the procedures and criteria contained in s. 394.463(1) or 10 chapter 393, whichever is applicable. 11 (5) When a child is in the physical custody of the 12 department, a licensed health care professional shall be 13 immediately called if there are indications of physical injury 14 or illness, or the child shall be taken to the nearest 15 available hospital for emergency care. 16 (6) Except as otherwise provided herein, nothing in 17 this section shall be deemed to eliminate the right of a 18 parent, guardian, or the child to consent to examination or 19 treatment for the child. 20 (7) Except as otherwise provided herein, nothing in 21 this section shall be deemed to alter the provisions of s. 22 743.064. 23 (8) If the lifestyle of the parents represents a clear 24 and present danger to the child, the state shall exercise the 25 right to remove the child from the home until the danger is 26 removed. A court shall not be precluded from ordering services 27 or treatment to be provided to the child by a duly accredited 28 practitioner who relies solely on spiritual means for healing 29 in accordance with the tenets and practices of a church or 30 religious organization, when required by the child's health 31 and when requested by the child. 67 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (9) Nothing in this section shall be construed to 2 authorize the permanent sterilization of the child unless such 3 sterilization is the result of or incidental to medically 4 necessary treatment to protect or preserve the life of the 5 child. 6 (10) For the purpose of obtaining an evaluation or 7 examination, or receiving treatment as authorized pursuant to 8 this subsection, no child alleged to be or found to be 9 dependent shall be placed in a detention home or other program 10 used primarily for the care and custody of children alleged or 11 found to have committed delinquent acts. 12 (11) The parents or guardian of a child in the 13 physical custody of the department remain financially 14 responsible for the cost of medical treatment provided to the 15 child even if either one or both of the parents or if the 16 guardian did not consent to the medical treatment. After a 17 hearing, the court may order the parents or guardian, if found 18 able to do so, to reimburse the department or other provider 19 of medical services for treatment provided. 20 (12) Nothing in this section alters the authority of 21 the department to consent to medical treatment for a dependent 22 child when the child has been committed to the department 23 pursuant to s. 39.41, and the department has become the legal 24 custodian of the child. 25 (13) At any time after the filing of a petition for 26 dependency, when the mental or physical condition, including 27 the blood group, of a parent, guardian, or other person 28 requesting custody of a child is in controversy, the court may 29 order the person to submit to a physical or mental examination 30 by a qualified licensed professional. The order may be made 31 only upon good cause shown and pursuant to notice and 68 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 procedures as set forth by the Florida Rules of Criminal 2 Juvenile Procedure. 3 Section 22. Section 39.408, Florida Statutes, is 4 amended to read: 5 39.408 Hearings for dependency cases.-- 6 (1) ARRAIGNMENT HEARING.-- 7 (a) When a child has been detained by order of the 8 court, an arraignment hearing must be held, within 7 14 days 9 after from the date the child is taken into custody, for the 10 parent, guardian, or custodian to admit, deny, or consent to 11 findings of dependency alleged in the petition. If the parent, 12 guardian, or custodian admits or consents to the findings in 13 the petition, the court shall proceed as set forth in the 14 Florida Rules of Criminal Juvenile Procedure. However, if the 15 parent, guardian, or custodian denies any of the allegations 16 of the petition, the court shall hold an adjudicatory hearing 17 within 7 days after from the date of the arraignment hearing 18 unless a continuance is granted under s. 39.402(9) pursuant to 19 s. 39.402(11). 20 (b) When a child is in the custody of the parent, 21 guardian, or custodian, upon the filing of a petition the 22 clerk shall set a date for an arraignment hearing within a 23 reasonable time after the date of the filing. If the parent, 24 guardian, or custodian admits or consents to an adjudication, 25 the court shall proceed as set forth in the Florida Rules of 26 Criminal Juvenile Procedure. However, if the parent, guardian, 27 or custodian denies any of the allegations of dependency, the 28 court shall hold an adjudicatory hearing within a reasonable 29 time after the date of the arraignment hearing. 30 (c) If at the arraignment hearing the parent, 31 guardian, or custodian consents or admits to the allegations 69 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 in the petition, the court shall proceed to hold a 2 dispositional hearing at the earliest practicable time that 3 will allow for the completion of a predisposition study. 4 (2) ADJUDICATORY HEARING.-- 5 (a) The adjudicatory hearing shall be held as soon as 6 practicable after the petition for dependency is filed and in 7 accordance with the Florida Rules of Criminal Juvenile 8 Procedure, but reasonable delay for the purpose of 9 investigation, discovery, or procuring counsel or witnesses 10 shall, whenever practicable, be granted. If the child is in 11 custody, the time limitations provided in s. 39.402 and 12 subsection (1) of this section apply. 13 (b) Adjudicatory hearings shall be conducted by the 14 judge without a jury, applying the rules of evidence in use in 15 civil cases and adjourning the hearings from time to time as 16 necessary. In a hearing on a petition in which it is alleged 17 that the child is dependent, clear and convincing a 18 preponderance of evidence will be required to establish the 19 state of dependency. Any evidence presented in the dependency 20 hearing which was obtained as the result of an anonymous call 21 must be independently corroborated. In no instance shall 22 allegations made in one or more an anonymous reports report of 23 abuse be sufficient to support an adjudication of dependency 24 in the absence of corroborating evidence from a known source. 25 (c) All hearings, except as provided in this section, 26 shall be open to the public, and a person may not be excluded 27 except on special order of the judge, who may close any 28 hearing to the public upon determining that the public 29 interest or the welfare of the child is best served by so 30 doing. However, the parents and the parent's attorney shall be 31 allowed to obtain discovery pursuant to the Florida Rules of 70 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 Criminal Juvenile Procedure. However, nothing in this 2 paragraph shall be construed to affect the provisions of s. 3 415.51(9). Hearings involving more than one child may be held 4 simultaneously when the children involved are related to each 5 other or were involved in the same case. The child and the 6 parents or legal custodians of the child may be examined 7 separately and apart from each other. 8 (3) DISPOSITION HEARING.--At the disposition hearing, 9 if the court finds that the facts alleged in the petition for 10 dependency were proven in the adjudicatory hearing, or if the 11 parents have consented to the finding of dependency or 12 admitted the allegations in the petition, have failed to 13 appear for the arraignment hearing after proper notice, or 14 have not been located despite a diligent search having been 15 conducted, the court shall receive and consider a 16 predisposition study, which must be in writing and presented 17 by an authorized agent of the department. 18 (a) The predisposition study shall cover for any 19 dependent child all factors specified in s. 61.13(3), and must 20 also provide the court with the following documented 21 information: 22 1. An assessment defining the dangers and risks of 23 returning the child home, including a description of the 24 changes in and resolutions to the initial risks. 25 2. A description of what initial risks are still 26 present and what resources are available and will be provided 27 for the protection and safety of the child. 28 3. A description of the benefits of returning the 29 child home. 30 4. A description of all unresolved issues. 31 71 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 5. An abuse registry history for all caretakers, 2 family members, and individuals residing within the household. 3 6. The complete child protection team report and 4 recommendation or, if no report exists, a statement reflecting 5 that no report has been made. 6 7. All opinions or recommendations from other 7 professionals or agencies that provide evaluative, social, 8 reunification, or other services to the family. 9 8. The availability of appropriate prevention and 10 reunification services for the family to prevent the removal 11 of the child from the home or to reunify the child with the 12 family after removal, including the availability of family 13 preservation services through the Family Builders Program, the 14 Intensive Crisis Counseling Program, or both. 15 9. The appropriateness or inappropriateness of other 16 prevention and reunification services that were available. 17 10. The efforts by the department to prevent 18 out-of-home placement of the child or, when applicable, to 19 reunify the family if appropriate services were available, 20 including the application of intensive family preservation 21 services through the Family Builders Program, the Intensive 22 Crisis Counseling Program, or both. 23 11. Whether the services were provided to the family 24 and child. 25 12. If the services were provided, whether they were 26 sufficient to meet the needs of the child and the family and 27 to enable the child to remain at home or to be returned home. 28 13. If the services were not provided, the reasons for 29 such lack of action. 30 31 72 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 14. The need for, or appropriateness of, continuing 2 the services if the child remains in the custody of the family 3 or if the child is placed outside the home. 4 15. Whether family mediation was provided. 5 16. Whether a multidisciplinary case staffing was 6 conducted and, if so, the results. 7 17. If the child has been removed from the home and 8 there is a parent who may be considered for custody pursuant 9 to s. 39.41(1), a recommendation as to whether placement of 10 the child with that parent would be detrimental to the child. 11 (b) If placement of the child with anyone other than 12 the child's parent or custodian is being considered, the study 13 shall include the designation of a specific length of time as 14 to when custody by the parent or custodian will be 15 reconsidered. 16 (c) A copy of the predisposition study must be 17 furnished to all parties no later than 48 hours before the 18 disposition hearing. 19 (d) The predisposition study may not be made before 20 the adjudication of dependency unless the parents or 21 custodians of the child consent. 22 23 Any other relevant and material evidence, including other 24 written or oral reports, may be received by the court in its 25 effort to determine the action to be taken with regard to the 26 child and may be relied upon to the extent of its probative 27 value, even though not competent in an adjudicatory hearing. 28 Except as provided in paragraph (2)(c), nothing in this 29 section prohibits the publication of proceedings in a hearing. 30 (4) NOTICE OF HEARINGS.--The parent or legal custodian 31 of the child, the attorney for the department, the guardian ad 73 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 litem, and all other parties and participants shall be given a 2 minimum of 72 hours reasonable notice of all hearings provided 3 for under this section. 4 Section 23. Subsections (1) and (2) of section 39.409, 5 Florida Statutes, are amended to read: 6 39.409 Orders of adjudication.-- 7 (1) If the court finds that the child named in a 8 petition is not dependent, it shall enter an order so finding 9 and dismissing the case and awarding reasonable attorney's 10 fees and costs to the parent or guardian of the child or the 11 county if the parent or guardian was represented by a 12 court-appointed attorney. Attorney's fees and costs shall be 13 paid from the department's budget. 14 (2) If the court finds that the child named in the 15 petition is dependent, but finds that no action other than 16 supervision in the child's home is required, it may enter an 17 order briefly stating the facts upon which its finding is 18 based, but withholding an order of adjudication and placing 19 the child's home under the supervision of the department. If 20 the court later finds that the custodians of the child have 21 not complied with the conditions of supervision imposed, the 22 court may, after a hearing to establish the noncompliance, but 23 without further evidence of the state of dependency, enter an 24 order of adjudication and shall thereafter have full authority 25 under this chapter to provide for the child as adjudicated. 26 Section 24. Paragraph (a) of subsection (2), 27 paragraphs (a) and (d) of subsection (5), and subsections (7) 28 and (9) of section 39.41, Florida Statutes, are amended to 29 read: 30 39.41 Powers of disposition.-- 31 74 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (2)(a) When any child is adjudicated by a court to be 2 dependent, the court having jurisdiction of the child has the 3 power, by order, to: 4 1. Require the parent, guardian, or custodian, and the 5 child when appropriate to participate in treatment and 6 services identified as necessary. The court shall obtain the 7 estimated costs for such treatment and services prior to 8 ordering the treatment or services. 9 2. Require the parent, guardian, or custodian, and the 10 child when appropriate to participate in mediation if the 11 parent, guardian, or custodian refused to participate in 12 mediation under s. 39.4033 and to identify the costs of the 13 mediation to the participants. 14 3. Place the child under the protective supervision of 15 an authorized agent of the department, either in the child's 16 own home or, the prospective custodian being willing, in the 17 home of a relative of the child or of an adult nonrelative 18 approved by the court, or in some other suitable place under 19 such reasonable conditions as the court may direct. If the 20 placement is not in the child's home, the facility must have a 21 drug-free workplace provision. Whenever the child is placed 22 under protective supervision pursuant to this section, the 23 department shall prepare a case plan and shall file it with 24 the court. Protective supervision continues until the court 25 terminates it or until the child reaches the age of 18, 26 whichever date is first. Protective supervision may be 27 terminated by the court whenever the court determines that the 28 child's placement, whether with a parent, another relative, or 29 a nonrelative, is stable and that protective supervision is no 30 longer needed. The termination of supervision may be with or 31 without retaining jurisdiction, at the court's discretion, and 75 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 shall in either case be considered a permanency option for the 2 child. The order terminating supervision by the Department of 3 Health and Rehabilitative Services shall set forth the powers 4 of the custodian of the child and shall include the powers 5 ordinarily granted to a guardian of the person of a minor 6 unless otherwise specified. 7 4. Place the child in the temporary legal custody of 8 an adult relative or an adult nonrelative approved by the 9 court who is willing to care for the child. 10 5.a. When the parents have failed to comply with a 11 case plan and the court determines at a judicial review 12 hearing held pursuant to s. 39.453, or at a hearing held 13 pursuant to subparagraph (1)(a)7. of this section, that 14 neither reunification, termination of parental rights, nor 15 adoption is in the best interest of the child, the court may 16 place the child in the long-term custody of an adult relative 17 or adult nonrelative approved by the court willing to care for 18 the child, if the following conditions are met: 19 (I) A case plan describing the responsibilities of the 20 relative or nonrelative, the department, and any other party 21 must have been submitted to the court. 22 (II) The case plan for the child does not include 23 reunification with the parents or adoption by the relative. 24 (III) The child and the relative or nonrelative 25 custodian are determined not to need protective supervision or 26 preventive services to ensure the stability of the long-term 27 custodial relationship, or the department assures the court 28 that protective supervision or preventive services will be 29 provided in order to ensure the stability of the long-term 30 custodial relationship. 31 76 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (IV) Each party to the proceeding agrees that a 2 long-term custodial relationship does not preclude the 3 possibility of the child returning to the custody of the 4 parent at a later date. 5 (V) The court has considered the reasonable preference 6 of the child if the court has found the child to be of 7 sufficient intelligence, understanding, and experience to 8 express a preference. 9 (VI) A drug test has been done on the relative or 10 nonrelative and the results of the test are negative. 11 (VII) Drug testing shall not be limited to foster care 12 guardians, but shall include all individuals who work with the 13 child, including department workers and guardians ad litem. 14 b. The court shall retain jurisdiction over the case, 15 and the child shall remain in the long-term custody of the 16 relative or nonrelative approved by the court until the order 17 creating the long-term custodial relationship is modified by 18 the court. The court may relieve the department of the 19 responsibility for supervising the placement of the child 20 whenever the court determines that the placement is stable and 21 that such supervision is no longer needed. Notwithstanding 22 the retention of jurisdiction, the placement shall be 23 considered a permanency option for the child when the court 24 relieves the department of the responsibility for supervising 25 the placement. The order terminating supervision by the 26 Department of Health and Rehabilitative Services shall set 27 forth the powers of the custodian of the child and shall 28 include the powers ordinarily granted to a guardian of the 29 person of a minor unless otherwise specified. The court may 30 modify the order terminating supervision of the long-term 31 relative or nonrelative placement if it finds that a party to 77 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 the proceeding has shown a material change in circumstances 2 which causes the long-term relative or nonrelative placement 3 to be no longer in the best interest of the child. 4 6.a. Approve placement of the child in long-term 5 foster care, when the following conditions are met: 6 (I) The foster child is 16 years of age or older, 7 unless the court determines that the history or condition of a 8 younger child makes long-term foster care the most appropriate 9 placement. 10 (II) The child demonstrates no desire to be placed in 11 an independent living arrangement pursuant to this subsection. 12 (III) The department's social services study pursuant 13 to s. 39.453(6)(a) recommends long-term foster care. 14 b. Long-term foster care under the above conditions 15 shall not be considered a permanency option. 16 c. The court may approve placement of the child in 17 long-term foster care, as a permanency option, when all of the 18 following conditions are met: 19 (I) The child is 14 years of age or older, 20 (II) The child is living in a licensed home and the 21 foster parents desire to provide care for the child on a 22 permanent basis and the foster parents and the child do not 23 desire adoption, 24 (III) The foster family has made a commitment to 25 provide for the child until he reaches the age of majority and 26 to prepare the child for adulthood and independence, and 27 (IV) The child has remained in the home for a 28 continuous period of no less than 12 months. 29 (V) The foster parents and the child view one another 30 as family and consider living together as the best place for 31 the child to be on a permanent basis. 78 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (VI) The department's social services study recommends 2 such placement and finds the child's well-being has been 3 promoted through living with the foster parents. 4 d. Notwithstanding the retention of jurisdiction and 5 supervision by the department, long-term foster care 6 placements made pursuant to sub-subparagraph (2)(a)6.c. of 7 this section shall be considered a permanency option for the 8 child. For purposes of this subsection, supervision by the 9 department shall be defined as a minimum of semiannual visits. 10 The order placing the child in long-term foster care as a 11 permanency option shall set forth the powers of the custodian 12 of the child and shall include the powers ordinarily granted 13 to a guardian of the person of a minor unless otherwise 14 specified. The court may modify the permanency option of 15 long-term foster care if it finds that a party to the 16 proceeding has shown a material change in circumstances which 17 causes the placement to be no longer in the best interests of 18 the child. 19 7. Commit the child to a licensed child-caring agency 20 willing to receive the child. Continued commitment to the 21 licensed child-caring agency, as well as all other proceedings 22 under this section pertaining to the child, are also governed 23 by part V of this chapter. 24 8. Commit the child to the temporary legal custody of 25 the department. Such commitment invests in the department all 26 rights and responsibilities of a legal custodian. The 27 department shall not return any child to the physical care and 28 custody of the person from whom the child was removed, except 29 for short visitation periods, without the approval of the 30 court. The term of such commitment continues until terminated 31 by the court or until the child reaches the age of 18. After 79 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 the child is committed to the temporary custody of the 2 department, all further proceedings under this section are 3 also governed by part V of this chapter. 4 8.9.a. Change the temporary legal custody or the 5 conditions of protective supervision at a postdisposition 6 hearing subsequent to the initial detention hearing, without 7 the necessity of another adjudicatory hearing. A child who has 8 been placed in the child's own home under the protective 9 supervision of an authorized agent of the department, in the 10 home of a relative, in the home of a nonrelative, or in some 11 other place may be brought before the court by the agent of 12 the department who is supervising the placement or by any 13 other interested person, upon the filing of a petition 14 alleging a need for a change in the conditions of protective 15 supervision or the placement. If the parents or other 16 custodians deny the need for a change, the court shall hear 17 all parties in person or by counsel, or both. Upon the 18 admission of a need for a change or after such hearing, the 19 court shall enter an order changing the placement, modifying 20 the conditions of protective supervision, or continuing the 21 conditions of protective supervision as ordered. 22 b. In cases where the issue before the court is 23 whether a child should be reunited with a parent, the court 24 shall determine whether the parent has substantially complied 25 with the terms of the case plan to the extent that the 26 well-being and safety of the child is not endangered by the 27 return of the child to the home. 28 9.10. Approve placement of the child in an independent 29 living arrangement for any foster child 16 years of age or 30 older, if it can be clearly established that this type of 31 alternate care arrangement is the most appropriate plan and 80 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 that the safety and welfare of the child will not be 2 jeopardized by such an arrangement. While in independent 3 living situations, children whose legal custody has been 4 awarded to the department or a licensed child-caring or 5 child-placing agency, or who have been voluntarily placed with 6 such an agency by a parent, guardian, relative, or adult 7 nonrelative approved by the court, continue to be subject to 8 the court review provisions of s. 39.453. 9 (5)(a) If the court commits the child to the temporary 10 legal custody of the department, the disposition order must 11 include a written determination that the child cannot remain 12 at home with reunification or family preservation services and 13 that removal of the child is necessary to protect the safety 14 of the child. If the child has been removed before the 15 disposition hearing, the order must also include a written 16 determination as to whether, after removal, the department has 17 made a reasonable effort to reunify the family. The department 18 has the burden of demonstrating that it has made reasonable 19 efforts under this subsection. 20 (d) A court may find that the department has made a 21 reasonable effort to prevent or eliminate the need for removal 22 if: 23 1. The first contact of the department with the family 24 occurs during an emergency which has put the child's life in 25 immediate danger. 26 2. The appraisal by the department of the home 27 situation indicates that it presents a substantial and 28 immediate danger to the child which cannot be mitigated by the 29 provision of preventive services. 30 3. The child cannot safely remain at home, either 31 because there are no preventive services that can ensure the 81 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 safety of the child or, even with appropriate and available 2 services being provided, the safety of the child cannot be 3 ensured. 4 (7) In carrying out the provisions of this chapter, 5 the court may order the natural parents or legal guardian of a 6 child who is found to be dependent to participate in family 7 counseling and other professional counseling activities from 8 licensed professionals deemed necessary for the rehabilitation 9 of the child, and such services must be identified as to 10 projected cost to both the department and the parent. A 11 written report must be presented to the court on the cost of 12 services provided since the last court appearance. 13 (9) The court may at any time enter an order ending 14 its jurisdiction over any child, except that, when a child has 15 been returned to the parents under subsection (8), the court 16 shall not terminate its jurisdiction over the child until 6 17 months after the return. The court shall consider Based on a 18 report of the department or agency and all any other relevant 19 factors, in making the determination as to the court shall 20 then determine whether its jurisdiction should be continued or 21 terminated. in such a case; If its jurisdiction is to be 22 terminated, the court shall enter an order to that effect. 23 Section 25. Section 39.4105, Florida Statutes, is 24 amended to read: 25 39.4105 Grandparents rights.--Notwithstanding any 26 other provision of law, a maternal or paternal grandparent as 27 well as a stepgrandparent is entitled to reasonable visitation 28 with his or her grandchild who has been adjudicated a 29 dependent child and taken from the physical custody of his or 30 her parent, custodian, legal guardian, or caregiver unless the 31 court finds that such visitation is not in the best interest 82 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 of the child or that such visitation would interfere with the 2 goals of the performance agreement pursuant to s. 39.451. 3 Reasonable visitation may be unsupervised and, where 4 appropriate and feasible, may be frequent and continuing. 5 (1) Grandparent visitation may take place in the home 6 of the grandparent unless there is a compelling reason for 7 denying such a visitation. The department's caseworker may, if 8 appropriate, shall arrange the visitation to which a 9 grandparent is entitled pursuant to this section. The state 10 shall not charge a fee for any costs associated with arranging 11 the visitation. However, the grandparent shall pay for the 12 child's cost of transportation when the visitation is to take 13 place in the grandparent's home. The caseworker shall 14 document the reasons for any decision to restrict a 15 grandparent's visitation. 16 (2) A grandparent entitled to visitation pursuant to 17 this section shall not be restricted from appropriate displays 18 of affection to the child, such as appropriately hugging or 19 kissing his or her grandchild. Gifts, cards, and letters from 20 the grandparent and other family members shall not be denied 21 to a child who has been adjudicated a dependent child. 22 (3) Any attempt by a grandparent to facilitate a 23 meeting between the child who has been adjudicated a dependent 24 child and the child's parent in violation of a court order 25 shall automatically terminate future visitation rights of the 26 grandparent unless restored by the courts. 27 (4) When the child has been returned to the physical 28 custody of his or her parent or permanent custodian, legal 29 guardian, or caregiver, the vis visitation rights granted 30 pursuant to this section shall terminate. 31 83 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (4)(5) In determining whether grandparental visitation 2 is not in the child's best interest, consideration may be 3 given to the finding of guilt, regardless of adjudication, or 4 entry or plea of guilty or nolo contendere to charges under 5 the following statutes, or similar statutes of other 6 jurisdictions: s. 787.04, relating to removing minors from 7 the state or concealing minors contrary to court order; s. 8 794.011, relating to sexual battery; s. 798.02, relating to 9 lewd and lascivious behavior; chapter 800, relating to 10 lewdness and indecent exposure; or chapter 827, relating to 11 the abuse of children. Consideration may also be given to a 12 finding of confirmed abuse under ss. 415.101-415.113 and ss. 13 415.502-415.514. 14 Section 26. Section 39.415, Florida Statutes, is 15 amended to read: 16 39.415 Appointed counsel; compensation.--If counsel is 17 entitled to receive compensation for representation pursuant 18 to court appointment in a dependency proceeding, such 19 compensation must equal the rate established by the chief 20 judge of the circuit under chapter 925 for attorney's fees in 21 criminal cases and shall be paid from the department's 22 operating budget shall not exceed $1,000 at the trial level 23 and $2,500 at the appellate level. 24 Section 27. Subsection (11) is added to section 25 39.437, Florida Statutes, 1996 Supplement, to read: 26 39.437 Process and service.-- 27 (11) If a child summoned by the court is declared to 28 be in contempt of court-ordered services, the child may be 29 placed in a staff-secure shelter pursuant to s. 39.0145. 30 31 84 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 Section 28. Paragraph (a) of subsection (1) and 2 paragraph (a) of subsection (2) of section 39.44, Florida 3 Statutes, 1996 Supplement, are amended to read: 4 39.44 Hearings for child-in-need-of-services cases.-- 5 (1) ARRAIGNMENT HEARING.-- 6 (a) When a child has been taken into custody by order 7 of the court, an arraignment hearing shall be held within 7 8 days after the date the child is taken into custody. The 9 hearing shall be held for the child and the parent, guardian, 10 or custodian to admit, deny, or consent to findings that a 11 child is in need of services as alleged in the petition. If 12 the child and the parent, guardian, or custodian admit or 13 consent to the findings in the petition, the court shall 14 proceed as set forth in the Florida Rules of Criminal Juvenile 15 Procedure. However, if either the child or the parent, 16 guardian, or custodian denies any of the allegations of the 17 petition, the court shall hold an adjudicatory hearing within 18 7 days after the date of the arraignment hearing. 19 (2) ADJUDICATORY HEARING.-- 20 (a) The adjudicatory hearing shall be held as soon as 21 practicable after the petition for a child in need of services 22 is filed and in accordance with the Florida Rules of Criminal 23 Juvenile Procedure, but reasonable delay for the purpose of 24 investigation, discovery, or procuring counsel or witnesses 25 shall, whenever practicable, be granted. If the child is in 26 custody, the adjudicatory hearing shall be held within 14 days 27 after the date the child was taken into custody. 28 Section 29. Subsection (2) of section 39.441, Florida 29 Statutes, is amended to read: 30 39.441 Orders of adjudication.-- 31 85 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (2) If the court finds that the child named in the 2 petition is a child in need of services, but finds that no 3 action other than supervision in the home is required, it may 4 enter an order briefly stating the facts upon which its 5 finding is based, but withholding an order of adjudication. 6 The court may and placing the child and family under the 7 supervision of the department. If the court later finds that 8 the parent, guardian, or custodian of the child have not 9 complied with the conditions of supervision imposed, the court 10 may, after a hearing to establish the noncompliance, but 11 without further evidence of the state of the child in need of 12 services, enter an order of adjudication and shall thereafter 13 have full authority under this part to provide for the child 14 as adjudicated. 15 Section 30. Subsection (6) of section 39.4451, Florida 16 Statutes, 1996 Supplement, is amended, and subsection (7) is 17 added to said section, to read: 18 39.4451 Oaths, records, and confidential 19 information.-- 20 (6) A court record of proceedings under this chapter 21 is not admissible in evidence in any other civil or criminal 22 proceedings proceeding, except that: 23 (a) Records of proceedings under this part forming a 24 part of the record on appeal shall be used in the appellate 25 court. 26 (b) Records that are necessary in any case in which a 27 person is being tried upon a charge of having committed 28 perjury are admissible in evidence in that case. 29 (7) In all dependency proceedings, the ultimate 30 prevailing party shall be entitled to attorney's fees and 31 86 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 costs. Funds payable by the department shall come from the 2 existing budget of the department. 3 Section 31. Section 39.446, Florida Statutes, 1996 4 Supplement, is amended to read: 5 39.446 Medical, psychiatric, and psychological 6 examination and treatment of child; physical or mental 7 examination of parent, guardian, or person requesting custody 8 of child.-- 9 (1) When any child is to be placed in shelter care, 10 the department is authorized only when appropriate and 11 necessary to have a medical screening performed on the child 12 without authorization from the court and without consent from 13 a parent or guardian. Such medical screening shall be 14 performed by a licensed health care professional and shall be 15 to examine the child for injury, illness, and communicable 16 diseases, and for determination of substance abuse. In no 17 case does this subsection authorize the department to consent 18 to medical treatment for such children. 19 (2) When the department has performed the medical 20 screening authorized by subsection (1) or when it is otherwise 21 determined by a licensed health care professional that a child 22 is in need of medical treatment, consent for medical treatment 23 shall be obtained in the following manner: 24 (a)1. Consent to medical treatment shall be obtained 25 from a parent or guardian of the child; or 26 2. A court order for such treatment shall be obtained. 27 (b) If a parent or guardian of the child is 28 unavailable and his or her whereabouts cannot be reasonably 29 ascertained or a parent of the child is available but refuses 30 to consent to the necessary treatment, a court order is 31 required and it is after normal working hours so that a court 87 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 order cannot reasonably be obtained, an authorized agent of 2 the department or its provider has the authority to consent to 3 necessary medical treatment for the child. The authority of 4 the department to consent to medical treatment in this 5 circumstance is limited to the time reasonably necessary to 6 obtain court authorization. 7 (c) If a parent or guardian of the child is available 8 but refuses to consent to the necessary treatment, a court 9 order is required, unless the situation meets the definition 10 of an emergency in s. 743.064 or the treatment needed is 11 related to suspected abuse or neglect of the child by the 12 parent or guardian. In such case, the department has the 13 authority to consent to necessary medical treatment. This 14 authority is limited to the time reasonably necessary to 15 obtain court authorization. 16 17 In no case may the department consent to sterilization, 18 abortion, or termination of life support. 19 (3) A judge may order that a child alleged to be or 20 adjudicated a child in need of services be examined by a 21 licensed health care professional. The judge may also order 22 such child to be evaluated by a licensed psychiatrist or a 23 licensed psychologist, by a district school board educational 24 needs assessment team, or, if a developmental disability is 25 suspected or alleged, by the developmental disability 26 diagnostic and evaluation team of the Department of Health and 27 Rehabilitative Services. The judge may order a family 28 assessment if that assessment was not completed at an earlier 29 time. If it is necessary to place a child in a residential 30 facility for such evaluation, then the criteria and procedure 31 established in s. 394.463(2) or chapter 393 shall be used, 88 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 whichever is applicable. The educational needs assessment 2 provided by the district school board educational needs 3 assessment team shall include, but not be limited to, reports 4 of intelligence and achievement tests, screening for learning 5 disabilities and other handicaps, and screening for the need 6 for alternative education pursuant to s. 230.2316. 7 (4) A judge may order that a child alleged to be or 8 adjudicated a child in need of services be treated by a 9 licensed health care professional. The judge may also order 10 such child to receive mental health or retardation services 11 from a licensed psychiatrist, licensed psychologist, or other 12 appropriate licensed service provider. If it is necessary to 13 place the child in a residential facility for such services, 14 then the procedures and criteria established in s. 394.467 or 15 chapter 393 shall be used, whichever is applicable. A child 16 may be provided mental health or retardation services in 17 emergency situations, pursuant to the procedures and criteria 18 contained in s. 394.463(1) or chapter 393, whichever is 19 applicable. 20 (5) When there are indications of physical injury or 21 illness, a licensed health care professional shall be 22 immediately called or the child shall be taken to the nearest 23 available hospital for emergency care. 24 (6) Except as otherwise provided herein, nothing in 25 this section shall be deemed to eliminate the right of a 26 parent, a guardian, or the child to consent to examination or 27 treatment for the child. 28 (7) A judge may order substance abuse screening, as 29 appropriate. 30 31 89 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (8)(7) Except as otherwise provided herein, nothing in 2 this section shall be deemed to alter the provisions of s. 3 743.064. 4 (9) If the behavior of the parents presents a clear 5 and present danger to the child, the state shall exercise the 6 right to remove the child from the home until the danger is 7 removed. 8 (8) A court shall not be precluded from ordering 9 services or treatment to be provided to the child by a duly 10 accredited practitioner who relies solely on spiritual means 11 for healing in accordance with the tenets and practices of a 12 church or religious organization, when required by the child's 13 health and when requested by the child. 14 (10)(9) Nothing in this section shall be construed to 15 authorize the permanent sterilization of the child, unless 16 such sterilization is the result of or incidental to medically 17 necessary treatment to protect or preserve the life of the 18 child. 19 (11)(10) For the purpose of obtaining an evaluation or 20 examination or receiving treatment as authorized pursuant to 21 this section, no child alleged to be or found to be a child 22 from a family in need of services or a child in need of 23 services shall be placed in a detention facility or other 24 program used primarily for the care and custody of children 25 alleged or found to have committed delinquent acts. 26 (12)(11) The parents or guardian of a child alleged to 27 be or adjudicated a child in need of services remain 28 financially responsible for the cost of medical treatment 29 provided to the child even if one or both of the parents or if 30 the guardian did not consent to the medical treatment. After 31 a hearing, the court may order the parents or guardian, if 90 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 found able to do so, to reimburse the department or other 2 provider of medical services for treatment provided. 3 (13)(12) Nothing in this section alters the authority 4 of the department to consent to medical treatment for a child 5 who has been committed to the department pursuant to s. 6 39.442(3) and (4) and of whom the department has become the 7 legal custodian. 8 (14)(13) At any time after the filing of a petition 9 for a child in need of services, when the mental or physical 10 condition, including the blood group, of a parent, guardian, 11 or other person requesting custody of a child is in 12 controversy, the court may order the person to submit to a 13 physical or mental examination by a qualified professional. 14 The order may be made only upon good cause shown and pursuant 15 to notice and procedures as set forth by the Florida Rules of 16 Juvenile Procedure. 17 Section 32. Section 39.447, Florida Statutes, is 18 amended to read: 19 39.447 Appointed counsel; compensation.--If counsel is 20 entitled to receive compensation for representation pursuant 21 to court appointment in a child-in-need-of-services 22 proceeding, such compensation must equal the rate established 23 by the chief judge of the circuit under chapter 925 for 24 attorney's fees in criminal cases shall not exceed $1,000 at 25 the trial level and $2,500 at the appellate level. 26 Section 33. Subsections (4) and (6) of section 39.451, 27 Florida Statutes, are amended to read: 28 39.451 Case planning for children in foster care.-- 29 (4)(a) In each case in which the custody of a child 30 has been vested, either voluntarily or involuntarily, in the 31 department and the child has been placed in temporary foster 91 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 care, a case plan must be prepared within 30 days after the 2 department removes the child from the home, and shall be 3 submitted to the court, with a hearing scheduled for the court 4 to review and accept or modify the plan within an additional 5 30 days. If the preparation of a case plan, in conference with 6 the parents, the parent's attorney, and other pertinent 7 parties, cannot be accomplished within 30 days, for good cause 8 shown, the court may grant an extension not to exceed 30 days. 9 (b) The parent or parents may receive assistance from 10 any person, or social service agency in the preparation of the 11 case plan. The social service agency and the court, when 12 applicable, shall inform the parent or parents of the right to 13 receive such assistance, including the right to assistance of 14 counsel. 15 (b)(c) Before the signing of the case plan, the 16 authorized agent of the department shall explain it to all 17 persons involved in its implementation, including, when 18 appropriate, the child. 19 (c)(d) After the case plan has been agreed upon and 20 signed by the parties involved, a copy of the plan must be 21 given immediately to the natural parents, the parent's 22 attorney, the department or agency, the foster parents, and 23 any other parties identified by the court, including the 24 child, if appropriate. 25 (d)(e) The case plan may be amended at any time if all 26 parties are in agreement regarding the revisions to the plan 27 submitted to the court for approval with a memorandum of 28 explanation. The case plan may also be amended by the court or 29 upon motion of any party at a hearing, based on competent 30 evidence demonstrating the need for the amendment. A copy of 31 92 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 the amended plan must be immediately given to the parties 2 specified in paragraph (c) (d). 3 (6) A case plan must be prepared, but need not be 4 submitted to the court, for a child who will be in care no 5 longer than 30 days unless that child is placed in temporary 6 foster care a second time within a 12-month period. 7 Section 34. Subsection (3) and paragraph (a) of 8 subsection (4) of section 39.452, Florida Statutes, are 9 amended to read: 10 39.452 Case planning when parents do not participate 11 and the child is in foster care.-- 12 (3) The plan must include, but need not be limited to, 13 the specific services to be provided by the department, the 14 goals and plans for the child, the estimated costs to provide 15 these services, and the time for accomplishing the provisions 16 of the plan and for accomplishing permanence for the child. 17 (4)(a) Seventy-two hours prior to the filing of a 18 plan, each parent and his or her attorney must be provided 19 with a copy of the plan developed by the department. If the 20 location of one or both parents is unknown, this must be 21 documented in writing and included in the plan submitted to 22 the court. After the filing of the plan, if the location of 23 an absent parent becomes known, that parent must be served 24 with a copy of the plan. 25 Section 35. Paragraphs (b) and (c) of subsection (1), 26 paragraphs (b) and (f) of subsection (3), subsection (4), 27 paragraphs (a) and (c) of subsection (5), paragraphs (a) and 28 (c) of subsection (6), paragraph (g) of subsection (7), and 29 paragraphs (a), (c), and (e) of subsection (8) of section 30 39.453, Florida Statutes, are amended to read: 31 39.453 Judicial review.-- 93 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (1) 2 (b) The court shall retain jurisdiction over a child 3 returned to its parents or legal guardians for a period of 6 4 months, but, at that time, based on a report of the department 5 social service agency and any other relevant factors, the 6 court shall make a determination as to whether its 7 jurisdiction shall continue or be terminated. 8 (c) After termination of parental rights, the court 9 shall retain jurisdiction over any child for whom custody is 10 given to the department a social service agency until the 11 child is adopted. The jurisdiction of the court after 12 termination of parental rights and custody is given to the 13 department agency is for the purpose of reviewing the status 14 of the child and the progress being made toward permanent 15 adoptive placement. As part of this continuing jurisdiction, 16 for good cause shown by the guardian ad litem for the child, 17 the court may review the appropriateness of the adoptive 18 placement of the child. 19 (3) 20 (b) If the court extends the case plan beyond 18 21 months, judicial reviews must be held at least every 6 months 22 for every child children under the age of 13 and at least 23 annually for children age 13 and older. 24 (f) In each case in which a child has been voluntarily 25 placed with the licensed child-placing agency, the agency 26 shall notify the clerk of the court in the circuit where the 27 child resides of such placement within 5 working days. 28 Notification of the court is not required for any child who 29 will be in temporary foster care no longer than 30 days unless 30 that child is placed in temporary foster care a second time 31 within a 12-month period. If the child is returned to the 94 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 custody of the parents or guardian before the scheduled review 2 hearing or if the child is placed for adoption, the 3 child-placing agency shall notify the court of the child's 4 return or placement within 5 working days, and the clerk of 5 the court shall cancel the review hearing. 6 (4) The department social service agency shall file a 7 petition for review with the court within 10 calendar days 8 after the judicial review hearing. The petition must include a 9 statement of the dispositional alternatives available to the 10 court. The petition must accompany the notice of the hearing 11 served upon persons specified in subsection (5). 12 (5) Notice of the hearing and a copy of the petition, 13 including a statement of the dispositional alternatives 14 available to the court, must be served by the court upon: 15 (a) The department which is social service agency 16 charged with the supervision of care, custody, or guardianship 17 of the child, if the department that agency is not the 18 petitioner. 19 (c) The parent, guardian, or relative, and the 20 attorney, from whom the care and custody of the child have 21 been transferred. 22 (6)(a) The department social service agency shall make 23 an investigation and social study concerning all pertinent 24 details relating to the child and shall furnish to the court 25 or citizen review panel a written report that includes, but is 26 not limited to: 27 1. A description of the type of placement the child is 28 in at the time of the hearing. 29 2. Documentation of the diligent efforts made by all 30 parties to the case plan to comply with each applicable 31 provision of the plan. 95 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 3. The amount of fees assessed and collected during 2 the period of time being reported. 3 4. The services provided to the foster family or 4 caretakers in an effort to address the needs of the child as 5 indicated in the case plan. 6 5. A statement concerning whether the parent or 7 guardian, though able to do so, did not comply substantially 8 with the provisions of the case plan and the agency 9 recommendations or a statement that the parent or guardian did 10 substantially comply with such provisions. 11 6. A statement from the foster parent or parents or 12 caretakers providing any material evidence concerning the 13 return of the child to the parent or parents. 14 (c) In a case in which the child has been permanently 15 placed with the department social service agency, the 16 department agency shall furnish to the court a written report 17 concerning the progress being made to place the child for 18 adoption. If, as stated in s. 39.451(1), the child cannot be 19 placed for adoption, a report on the progress made by the 20 child in alternative permanency goals or placements, 21 including, but not limited to, long-term foster care, 22 independent living, custody to a relative or adult nonrelative 23 approved by the court on a permanent basis with or without 24 legal guardianship, or custody to a foster parent on a 25 permanent basis with or without legal guardianship, must be 26 submitted to the court. The report must be submitted to the 27 court at least 48 hours before each scheduled judicial review. 28 (7) The court, and any citizen review panel 29 established under s. 39.4531, shall take into consideration 30 the information contained in the social services study and 31 investigation and all medical, psychological, and educational 96 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 records that support the terms of the case plan; testimony by 2 the social services agency, the parent or guardian, the foster 3 parent or caretakers, the guardian ad litem if one has been 4 appointed for the child, and any other person deemed 5 appropriate; and any relevant and material evidence submitted 6 to the court, including written and oral reports to the extent 7 of their probative value. In its deliberations, the court, and 8 any citizen review panel established under s. 39.4531, shall 9 seek to determine: 10 (g) The appropriateness of the child's current 11 placement, including whether the child is in a setting which 12 is as family-like and as close to the parent's home as 13 possible, consistent with the child's best interests and 14 special needs and educational needs. 15 (8)(a) Based upon the criteria set forth in subsection 16 (7) and the recommended order of the citizen review panel, if 17 established under s. 39.4531, the court shall determine 18 whether or not the department social service agency shall 19 initiate proceedings to have a child declared a dependent 20 child, return the child to the parent, continue the child in 21 temporary foster care for a specified period of time, or 22 initiate termination of parental rights proceedings for 23 subsequent placement in an adoptive home. Modifications to the 24 plan must be handled as prescribed in s. 39.451. If the court 25 finds that the prevention or reunification efforts of the 26 department will allow the child to remain safely at home or be 27 safely returned to the home, the court shall allow the child 28 to remain in or return to the home after making a specific 29 finding of fact that the reasons for removal have been 30 remedied to the extent that the child's safety and well-being 31 will not be endangered. 97 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (c) If, in the opinion of the court, the department 2 social service agency has not complied with its obligations as 3 specified in the written case plan, the court may find the 4 department social service agency in contempt, shall order the 5 department social service agency to submit its plans for 6 compliance with the agreement, and shall require the 7 department social service agency to show why the child should 8 not be returned immediately to the home of the parents or 9 legal guardian. 10 (e) If, at any judicial review, the court finds that 11 the parents have failed to substantially comply with the case 12 plan to the degree that further reunification efforts are 13 without merit and not in the best interest of the child or the 14 family, it may authorize the filing of a petition for 15 termination of parental rights, whether or not the time period 16 as contained in the case plan for substantial compliance has 17 elapsed. 18 Section 36. Section 39.454, Florida Statutes, is 19 amended to read: 20 39.454 Initiation of termination of parental rights 21 proceedings.-- 22 (1) If, in preparation for any judicial review hearing 23 under this part, it is the opinion of the department social 24 service agency that the parents or legal guardian of the child 25 have not complied with their responsibilities as specified in 26 the written case plan although able to do so, the department 27 social service agency shall state its intent to initiate 28 proceedings to terminate parental rights, unless the social 29 service agency can demonstrate to the court that such a 30 recommendation would not be in the child's best interests. If 31 it is the intent of the department or licensed child-placing 98 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 agency to initiate proceedings to terminate parental rights, 2 the department or licensed child-placing agency shall file a 3 petition for termination of parental rights no later than 3 4 months after the date of the previous judicial review hearing. 5 If the petition cannot be filed within 3 months, the 6 department or licensed child-placing agency shall provide a 7 written report to the court outlining the reasons for delay, 8 the progress made in the termination of parental rights 9 process, and the anticipated date of completion of the 10 process. 11 (2) If, at the time of the 18-month judicial review 12 hearing, a child is not returned to the physical custody of 13 the natural parents, the social service agency shall initiate 14 termination of parental rights proceedings under part VI of 15 this chapter within 30 days. Only if the court finds that the 16 situation of the child is so extraordinary and that the best 17 interests of the child will be met by such action at the time 18 of the judicial review may the case plan be extended. If the 19 court decides to extend the plan, the court shall enter 20 detailed findings justifying the decision to extend, as well 21 as the length of the extension. Failure to initiate 22 termination of parental rights proceedings at the time of the 23 18-month judicial review or within 30 days after such review 24 does not prohibit initiating termination of parental rights 25 proceedings at any other time. 26 Section 37. Section 39.455, Florida Statutes, is 27 amended to read: 28 39.455 Immunity from liability.-- 29 (1) In no case shall employees or agents of the social 30 service agency acting in good faith be liable for damages as a 31 result of failing to provide services agreed to under the 99 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 performance agreement or permanent placement plan unless the 2 failure to provide such services occurs as a result of bad 3 faith or malicious purpose or occurs in a manner exhibiting 4 wanton and willful disregard of human rights, safety, or 5 property. 6 (2) The inability or failure of the social service 7 agency or the employees or agents of the social service agency 8 to provide the services agreed to under the performance 9 agreement or permanent placement plan shall not render the 10 state or the social service agency liable for damages unless 11 such failure to provide services occurs in a manner exhibiting 12 wanton or willful disregard of human rights, safety, or 13 property. 14 (3) A member or agent of a citizen review panel acting 15 in good faith is not liable for damages as a result of any 16 review or recommendation with regard to a foster care or 17 shelter care matter unless such member or agent exhibits 18 wanton and willful disregard of human rights or safety, or 19 property. 20 Section 38. Section 39.457, Florida Statutes, as 21 created by chapter 96-402, Laws of Florida, is hereby 22 repealed. 23 Section 39. Section 39.459, Florida Statutes, is 24 amended to read: 25 39.459 Definition.--As used in ss. 39.46-39.474, the 26 term "department" means the Department of Children and Family 27 Health and Rehabilitative Services. 28 Section 40. Subsection (1) of section 39.46, Florida 29 Statutes, is amended to read: 30 39.46 Procedures and jurisdiction.-- 31 100 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (1) All procedures, including petitions, pleadings, 2 subpoenas, summonses, and hearings, in termination of parental 3 rights proceedings shall be according to the Florida Rules of 4 Criminal Juvenile Procedure unless otherwise provided by law. 5 Section 41. Subsection (2) of section 39.461, Florida 6 Statutes, is amended to read: 7 39.461 Petition for termination of parental rights.-- 8 (2) The form of the petition is governed by the 9 Florida Rules of Criminal Juvenile Procedure. The petition 10 must be in writing and signed by the petitioner under oath 11 stating the petitioner's good faith in filing the petition. 12 Section 42. Subsections (1) and (2) of section 13 39.4612, Florida Statutes, are amended to read: 14 39.4612 Manifest best interests of the child.--In a 15 hearing on a petition for termination of parental rights, the 16 court shall consider the manifest best interests of the child. 17 This consideration shall not include a comparison between the 18 attributes of the parents and those of any persons providing a 19 present or potential placement for the child. For the purpose 20 of determining the manifest best interests of the child, the 21 court shall consider and evaluate all relevant factors, 22 including, but not limited to: 23 (1) Any suitable permanent custody arrangement with a 24 relative of the child should be the first priority. 25 (2) The ability and disposition of the parent or 26 parents to provide the child with food, clothing, medical care 27 or other remedial care recognized and permitted under state 28 law instead of medical care, and other material needs of the 29 child. 30 Section 43. Paragraph (a) of subsection (1) of section 31 39.462, Florida Statutes, is amended to read: 101 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 39.462 Process and services.-- 2 (1) Before the court may terminate parental rights, in 3 addition to the other requirements set forth in this part, the 4 following requirements must be met: 5 (a) Notice of the date, time, and place of the 6 advisory hearing for the petition to terminate parental rights 7 and copy of the petition must be personally served upon the 8 following persons, specifically notifying them that a petition 9 has been filed: 10 1. The parents of the child. 11 2. The attorney for the parents. 12 3.2. The legal custodians or guardian of the child. 13 4.3. If the parents who would be entitled to notice 14 are dead or unknown, a living relative of the child, unless 15 upon diligent search and inquiry no such relative can be 16 found. 17 5.4. Any person who has physical custody of the child. 18 6.5. Any grandparent entitled to priority for adoption 19 under s. 63.0425. 20 7.6. Any prospective parent who has been identified 21 under s. 39.4051 or s. 39.4625. 22 8.7. The guardian ad litem for the child, if one has 23 been appointed. 24 25 The document containing the notice to respond or appear must 26 contain, in type at least as large as the balance of the 27 document, the following or substantially similar language: 28 "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THIS 29 HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL 30 RIGHTS OF THIS CHILD (OR THESE CHILDREN)." 31 102 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 Section 44. Paragraphs (b) and (d) of subsection (2) 2 of section 39.465, Florida Statutes, are amended to read: 3 39.465 Right to counsel; guardian ad litem.-- 4 (2) 5 (b) The guardian ad litem has the following 6 responsibilities: 7 1. To investigate the allegations of the petition and 8 any subsequent matters arising in the case and, unless excused 9 by the court, to file a written report. This report must 10 include a statement of the wishes of the child and the 11 recommendations of the guardian ad litem and must be provided 12 to all parties and the court at least 72 48 hours before the 13 disposition hearing. 14 2. To be present at all court hearings unless excused 15 by the court. 16 3. To represent the interests of the child until the 17 jurisdiction of the court over the child terminates or until 18 excused by the court. 19 4. To perform such other duties and undertake such 20 other responsibilities as the court may direct. 21 (d) A guardian ad litem is entitled to receive service 22 of pleadings and papers as provided by the Florida Rules of 23 Criminal Juvenile Procedure. 24 Section 45. Subsection (6) of section 39.469, Florida 25 Statutes, is amended to read: 26 39.469 Powers of disposition; order of disposition.-- 27 (6) If the court terminates parental rights, it shall, 28 in its order of disposition, provide for a hearing, to be 29 scheduled no later than 30 days after the date of disposition, 30 in which the department or the licensed child-placing agency 31 shall provide to the court a plan for permanency for the 103 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 child. Thereafter, until the adoption of the child is 2 finalized or the child reaches the age of 18 years, whichever 3 occurs first, the court shall hold hearings at 6-month 4 intervals to review the progress being made toward permanency 5 for the child. 6 Section 46. Subsection (6) of section 39.471, Florida 7 Statutes, 1996 Supplement, is amended to read: 8 39.471 Oaths, records, and confidential information.-- 9 (6) A No court record of proceedings under this part 10 may shall be admissible in evidence in any other civil or 11 criminal proceeding., except that: 12 (a) Orders terminating the rights of a parent and 13 committing the child to a licensed child-placing agency or the 14 department for adoption shall be admissible in evidence in 15 subsequent adoption proceedings relating to the child. 16 (b) Records of proceedings under this part forming a 17 part of the record on appeal shall be used in the appellate 18 court in the manner hereinafter provided. 19 (c) Records necessary therefor shall be admissible in 20 evidence in any case in which a person is being tried upon a 21 charge of having committed perjury. 22 Section 47. Subsection (2) of section 39.473, Florida 23 Statutes, is amended, and subsection (6) is added to said 24 section, to read: 25 39.473 Appeal.-- 26 (2) The Attorney General or the Attorney General's 27 staff An attorney for the department shall represent the state 28 upon appeal. When a notice of appeal is filed in the circuit 29 court, the clerk shall notify the attorney for the department, 30 together with the attorney for the parent, the guardian ad 31 litem, and any attorney for the child. 104 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (6) If counsel is entitled to receive compensation for 2 representation pursuant to court appointment in a termination 3 of parental rights proceeding, such compensation must equal 4 the rate established by the chief judge of the circuit under 5 chapter 925 for attorney's fees in criminal cases. 6 Section 48. Section 397.6758, Florida Statutes, is 7 amended to read: 8 397.6758 Release of client from protective custody, 9 emergency admission, involuntary assessment, involuntary 10 treatment, and alternative involuntary assessment of a 11 minor.--A client involuntarily admitted to a licensed service 12 provider may be released without further order of the court 13 only by a qualified professional in a hospital, a 14 detoxification facility, an addictions receiving facility, or 15 any less restrictive treatment component. Notice of the 16 release must be provided to the applicant in the case of an 17 emergency admission or an alternative involuntary assessment 18 for a minor, or to the petitioner and the court if the 19 involuntary assessment or treatment was court ordered. In the 20 case of a minor client, the release must be: 21 (1) To the client's parent, legal guardian, or legal 22 custodian or the authorized designee thereof; or 23 (2) To the department pursuant to s. 39.03; 24 (3) To the department pursuant to s. 39.401; or 25 (2)(4) To the department pursuant to s. 39.421. 26 Section 49. Subsections (2) and (3) of section 27 415.501, Florida Statutes, are amended to read: 28 415.501 Prevention of abuse and neglect of children; 29 state plan.-- 30 (2) PLAN FOR COMPREHENSIVE APPROACH.-- 31 105 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (a) The Department of Children and Family Health and 2 Rehabilitative Services shall develop a state plan for the 3 prevention of abuse and neglect of children and shall submit 4 the plan to the Speaker of the House of Representatives, the 5 President of the Senate, and the Governor no later than 6 January 1 of each year, 1983. The Department of Education 7 shall participate and fully cooperate in the development of 8 the state plan at both the state and local levels. 9 Furthermore, appropriate local agencies and organizations 10 shall be provided an opportunity to participate in the 11 development of the state plan at the local level. Appropriate 12 local groups and organizations shall include, but not be 13 limited to, community mental health centers; guardian ad litem 14 programs for children under the circuit court; the school 15 boards of the local school districts; the district human 16 rights advocacy committees; private or public organizations or 17 programs with recognized expertise in working with children 18 who are sexually abused, physically abused, emotionally 19 abused, or neglected and with expertise in working with the 20 families of such children; private or public programs or 21 organizations with expertise in maternal and infant health 22 care; multidisciplinary child protection teams; child day care 23 centers; law enforcement agencies, and the circuit courts, 24 when guardian ad litem programs are not available in the local 25 area. The state plan to be provided to the Legislature and 26 the Governor shall include, as a minimum, the information 27 required of the various groups in paragraph (b). 28 (b) The development of the comprehensive state plan 29 shall be accomplished in the following manner: 30 1. The Department of Health and Rehabilitative 31 Services shall establish an interprogram task force comprised 106 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 of the Deputy Assistant Secretary for Health or his designee 2 and representatives from the Children, Youth, and Families 3 Program Office, the Children's Medical Services Program 4 Office, the Alcohol, Drug Abuse, and Mental Health Program 5 Office, the Developmental Services Program Office, and the 6 Office of Evaluation. Representatives of the Department of Law 7 Enforcement and of the Department of Education shall serve as 8 ex officio members of the interprogram task force. The 9 interprogram task force shall be responsible for: 10 a. Developing a plan of action for better coordination 11 and integration of the goals, activities, and funding 12 pertaining to the prevention of child abuse and neglect 13 conducted by the department in order to maximize staff and 14 resources at the state level. The plan of action shall be 15 included in the state plan. 16 b. Providing a basic format to be utilized by the 17 districts in the preparation of local plans of action in order 18 to provide for uniformity in the district plans and to provide 19 for greater ease in compiling information for the state plan. 20 c. Providing the districts with technical assistance 21 in the development of local plans of action, if requested. 22 d. Examining the local plans to determine if all the 23 requirements of the local plans have been met and, if they 24 have not, informing the districts of the deficiencies and 25 requesting the additional information needed. 26 e. Preparing the state plan for submission to the 27 Legislature and the Governor. Such preparation shall include 28 the collapsing of information obtained from the local plans, 29 the cooperative plans with the Department of Education, and 30 the plan of action for coordination and integration of 31 departmental activities into one comprehensive plan. The 107 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 comprehensive plan shall include a section reflecting general 2 conditions and needs, an analysis of variations based on 3 population or geographic areas, identified problems, and 4 recommendations for change. In essence, the plan shall 5 provide an analysis and summary of each element of the local 6 plans to provide a statewide perspective. The plan shall also 7 include each separate local plan of action. 8 f. Working with the specified state agency in 9 fulfilling the requirements of subparagraphs 2., 3., 4., and 10 5. 11 2. The Department of Education and the Department of 12 Health and Rehabilitative Services shall work together in 13 developing ways to inform and instruct parents of school 14 children and appropriate district school personnel in all 15 school districts in the detection of child abuse and neglect 16 and in the proper action that should be taken in a suspected 17 case of child abuse or neglect, and in caring for a child's 18 needs after a report is made. The plan for accomplishing this 19 end shall be included in the state plan. 20 3. The Department of Law Enforcement and the 21 Department of Health and Rehabilitative Services shall work 22 together in developing ways to inform and instruct appropriate 23 local law enforcement personnel in the detection of child 24 abuse and neglect and in the proper action that should be 25 taken in a suspected case of child abuse or neglect. 26 4. Within existing appropriations, the Department of 27 Health and Rehabilitative Services shall work with other 28 appropriate public and private agencies to emphasize efforts 29 to educate the general public about the problem of and ways to 30 detect child abuse and neglect and in the proper action that 31 should be taken in a suspected case of child abuse or neglect. 108 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 The plan for accomplishing this end shall be included in the 2 state plan. 3 5. The Department of Education and the Department of 4 Health and Rehabilitative Services shall work together on the 5 enhancement or adaptation of curriculum materials to assist 6 instructional personnel in providing instruction through a 7 multidisciplinary approach on the identification, 8 intervention, and prevention of child abuse and neglect. The 9 curriculum materials shall be geared toward a sequential 10 program of instruction at the four progressional levels, K-3, 11 4-6, 7-9, and 10-12. Strategies for encouraging all school 12 districts to utilize the curriculum are to be included in the 13 comprehensive state plan for the prevention of child abuse and 14 child neglect. 15 6. Each district of the Department of Health and 16 Rehabilitative Services shall develop a plan for its specific 17 geographical area. The plan developed at the district level 18 shall be submitted to the interprogram task force for 19 utilization in preparing the state plan. The district local 20 plan of action shall be prepared with the involvement and 21 assistance of the local agencies and organizations listed in 22 paragraph (a) as well as representatives from those 23 departmental district offices participating in the treatment 24 and prevention of child abuse and neglect. In order to 25 accomplish this, the district administrator in each district 26 shall establish a task force on the prevention of child abuse 27 and neglect. The district administrator shall appoint the 28 members of the task force in accordance with the membership 29 requirements of this section. In addition, the district 30 administrator shall ensure that each subdistrict is 31 represented on the task force; and, if the district does not 109 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 have subdistricts, the district administrator shall ensure 2 that both urban and rural areas are represented on the task 3 force. The task force shall develop a written statement 4 clearly identifying its operating procedures, purpose, overall 5 responsibilities, and method of meeting responsibilities. The 6 district plan of action to be prepared by the task force shall 7 include, but shall not be limited to: 8 a. Documentation of the magnitude of the problems of 9 child abuse, including sexual abuse, physical abuse, and 10 emotional abuse, and child neglect in its geographical area. 11 b. A description of programs currently serving abused 12 and neglected children and their families and a description of 13 programs for the prevention of child abuse and neglect, 14 including information on the impact, cost-effectiveness, and 15 sources of funding of such programs. 16 c. A continuum of programs and services necessary for 17 a comprehensive approach to the prevention of all types of 18 child abuse and neglect as well as a brief description of such 19 programs and services. 20 d. A description, documentation, and priority ranking 21 of local needs related to child abuse and neglect prevention 22 based upon the continuum of programs and services. 23 e. A plan for steps to be taken in meeting identified 24 needs, including the coordination and integration of services 25 to avoid unnecessary duplication and cost, and for alternative 26 funding strategies for meeting needs through the reallocation 27 of existing resources, utilization of volunteers, contracting 28 with local universities for services, and local government or 29 private agency funding. 30 31 110 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 f. A description of barriers to the accomplishment of 2 a comprehensive approach to the prevention of child abuse and 3 neglect. 4 g. Recommendations for changes that can be 5 accomplished only at the state program level or by legislative 6 action. 7 8 The district local plan of action shall be submitted to the 9 interprogram task force by November 1, 1982. 10 (3) FUNDING AND SUBSEQUENT PLANS.-- 11 (a) All budget requests submitted by the Department of 12 Health and Rehabilitative Services, the Department of 13 Education, or any other agency to the Legislature for funding 14 of efforts for the prevention of child abuse and neglect shall 15 be based on the state plan developed pursuant to this section. 16 (b) The Department of Health and Rehabilitative 17 Services at the state and district levels and the other 18 agencies listed in paragraph (2)(a) shall readdress the plan 19 and make necessary revisions every 5 years, at a minimum. Such 20 revisions shall be submitted to the Speaker of the House of 21 Representatives and the President of the Senate no later than 22 June 30 of each year divisible by 5. An annual progress 23 report shall be submitted to update the plan in the years 24 between the 5-year intervals. In order to avoid duplication 25 of effort, these required plans may be made a part of or 26 merged with other plans required by either the state or 27 Federal Government, so long as the portions of the other state 28 or Federal Government plan that constitute the state plan for 29 the prevention of child abuse and neglect are clearly 30 identified as such and are provided to the Speaker of the 31 111 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 House of Representatives and the President of the Senate as 2 required above. 3 Section 50. Section 415.5015, Florida Statutes, is 4 hereby repealed. 5 Section 51. Subsections (1) and (3) of section 6 415.5016, Florida Statutes, are amended, and paragraphs (h) 7 and (i) are added to subsection (4) of said section, to read: 8 415.5016 Purpose and legislative intent.-- 9 (1) The purpose of this part is to provide procedures 10 which allow the Department of Health and Rehabilitative 11 Services to respond to reports of child abuse or neglect by 12 providing, when appropriate, services to families without the 13 need for protective investigations, classification of reports, 14 or other procedures required in part IV. To achieve this 15 purpose, a family services response system is established 16 under this part. It is the intent of the Legislature that the 17 department respond to reports of child abuse or neglect in the 18 most efficient and effective manner that ensures the safety of 19 children and that the integrity of families is protected. 20 (3) The Legislature finds that policies and procedures 21 that provide for intervention through the department's family 22 services response system should be based on the following 23 principles: 24 (a) The intervention should ensure the safety of 25 children and protect the rights of the parents. 26 (b) The intervention should engage families in 27 constructive, supportive, and nonadversarial relationships and 28 intrude as little as possible in the life of the family. 29 (c) The intervention should intrude as little as 30 possible into the life of the family, be focused on clearly 31 112 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 defined objectives, and take the most parsimonious path to 2 remedy a family's problems. 3 (c)(d) The intervention should be based upon outcome 4 evaluation results that have demonstrated demonstrate success 5 in supporting families and protecting children and their 6 families. 7 (4) It is the intent of the Legislature: 8 (h) That prior to receiving a divorce, married couples 9 with children be informed as to the potential trauma inflicted 10 upon children when their children are used to punish the 11 spouse. 12 (i) That incidents of domestic violence when a child 13 is present are a cause for the family to receive assistance 14 for the protection of the child. 15 Section 52. Subsections (3), (5), and (6) of section 16 415.50165, Florida Statutes, are amended to read: 17 415.50165 Definitions.--As used in this part: 18 (3) "Family services response system" means a 19 nonadversarial response to reports of child abuse and neglect, 20 through a process of assessing the risk to the child and 21 family and, when appropriate, delivering services to remove 22 the risk to the child and supporting support the integrity of 23 the a family. 24 (5) "Secretary" means the Secretary of Children and 25 Family Health and Rehabilitative Services. 26 (6) "Caregiver" means the biological or adoptive 27 parent, adult household member, or other person responsible 28 for a child's welfare as defined in s. 415.503(11)(13). 29 Section 53. Section 415.5017, Florida Statutes, is 30 amended to read: 31 113 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 415.5017 Family services response system; 2 procedures.-- 3 (1) Upon receiving a report alleging child abuse or 4 neglect, district staff shall when possible use a family 5 services response system approach to assist the family in 6 addressing the family problem. 7 (2) All agencies of the department and other state and 8 local law enforcement and child welfare agencies District 9 staff, at a minimum, shall adhere to the following procedures 10 when requesting family assistance: 11 (a) The purpose of the response shall be explained. 12 (b) The name of the person responding and their office 13 telephone number shall be provided to the caregiver. 14 (c) The possible outcomes and services of the 15 department's response shall be explained to the caregiver. 16 (d) The caregiver shall be involved to the fullest 17 extent possible in determining the nature of the allegation 18 and the nature of any identified problem. 19 (e) An assessment of risk and the perceived needs for 20 the child and family shall be conducted in a manner that is 21 sensitive to the social, economic, and cultural environment of 22 the family. 23 (f) Based on the information obtained from the 24 caregiver, the risk assessment instrument must be completed 25 within 48 hours and, if needed, a case plan developed within 26 15 calendar a maximum of 30 days. 27 (g) The department shall document the outcome of its 28 initial assessment of risk as follows: 29 1. Report closed. Services were not offered to the 30 family. 31 114 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 2. Services were offered to and accepted by the 2 family. 3 3. Services were offered to, but were rejected by, the 4 family. 5 4. Either the risk to the child's safety and 6 well-being cannot be reduced by the provision of services or 7 the family rejected services, and a protective investigation 8 under part IV is needed. 9 (h) When interviewing children in an alleged child 10 abuse case, all interviews with the child shall be 11 audio-recorded or videotaped. 12 (i) The caregiver shall be allowed to audio-record or 13 videotape all activity in the home related to the response by 14 the district staff to a report alleging abuse or neglect. 15 (3) The department shall designate a case manager and 16 develop a family services plan within 10 days for families who 17 that have accepted services. A copy of such family services 18 plan shall be furnished to the caregiver, who shall 19 acknowledge receipt by signature. 20 (4) Services to the family members child and 21 caregivers under this section shall be voluntary and of a 22 limited duration, the length of which shall not exceed 90 days 23 after the date services are ordered. 24 (5) At any time, as a result of additional 25 information, findings of facts, or changing conditions, the 26 department may pursue a child protective investigation as 27 provided in part IV. 28 (5)(6) The department shall establish procedures for 29 determining whether a false report of child abuse or neglect 30 has been made and for submitting all identifying information 31 115 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 relating to such report to the state attorney pursuant to s. 2 415.513. 3 Section 54. The catchline and subsection (1) of 4 section 415.50175, Florida Statutes, 1996 Supplement, are 5 amended to read: 6 415.50175 Confidentiality of records for family 7 services response system.-- 8 (1) The department shall make and keep records of all 9 cases brought before it pursuant to this part and shall 10 preserve the records pertaining to a child and family until 7 11 years after the last entry was made or until the child is 18 12 years of age, whichever date is first reached, and shall may 13 then destroy the records. 14 Section 55. Section 415.5018, Florida Statutes, 1996 15 Supplement, is amended to read: 16 415.5018 District authority and responsibilities for 17 family services response system.-- 18 (1) IMPLEMENTATION.-- 19 (a) Within existing resources, the department may 20 implement the family services response system in districts 21 using the criteria provided in this section. The secretary or 22 the secretary's designee shall evaluate and select the 23 programs and sites. The initial approval must be made no 24 later than October 1, 1994. 25 (b) Districts, with the approval of district health 26 and human services boards and within the intent and purpose of 27 this part, shall have the discretion to determine which 28 services will be available for a family services response 29 system. 30 (c) A district, with the approval of the district 31 health and human services board, may develop specific capacity 116 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 in policy and resources to address the needs of defined 2 priority segments of abuse and neglect reports in the 3 community needing a family services response system approach. 4 (d) The department shall develop procedures for 5 assessing and approving a district's policy under this section 6 to determine compliance with the intent and provisions of this 7 part and part IV. 8 (2) REQUIREMENTS.--Proposals for family services 9 response systems shall be submitted by the district health and 10 human services boards to the secretary and shall include, at a 11 minimum, the following information and assurances: 12 (a) Creation of a local advisory board and process for 13 reviewing specific formative and summative evaluations outcome 14 information on all reports to be handled in a different 15 manner. 16 (b) Description of how the family services response 17 system will significantly enhance the district's ability to 18 protect children and preserve families. 19 (c) Evidence of balanced representation of community 20 support for the alternative child protection/family 21 preservation demonstration project. 22 (d) Evidence as to how the principles of 23 family-centered involvement and support will be implemented in 24 the family services response system. 25 (e) Methods for a broadened risk assessment instrument 26 or process to include more factors that evaluate the severity 27 of a report for purposes of determining the appropriate 28 response. 29 (e)(f) Description of differential community and 30 departmental responses, including clarifying and strengthening 31 the role of law enforcement and other social service agencies. 117 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (f)(g) Process for the identification of reports 2 requiring an immediate response, rather than response within 3 24 hours. 4 (g)(h) Assurance that documentation of actions taken 5 on services referrals will be completed. 6 (h)(i) Provisions for a simple and straightforward 7 process to reassign reports to different levels of response, 8 based on additional information, documented findings or facts, 9 changing conditions, or the acceptance of services. 10 (j) Assurance that for all cases, case closure will be 11 reported to the central abuse registry and tracking system. 12 (i)(k) Mechanism for evaluating the outcomes of the 13 family services response systems. 14 (3) CHILD PROTECTIVE INVESTIGATION; COUNTY SHERIFF'S 15 OFFICE OR LOCAL POLICE DEPARTMENT OPTION.--Within existing 16 resources, a district, with the approval of the district 17 health and human services board, and The secretary of the 18 department shall enter into an agreement with a county 19 sheriff's office or local police department that is 20 jurisdictionally responsible to allow such law enforcement 21 entity to assume a lead in conducting any potential criminal 22 investigations as well as partial or full responsibility for 23 conducting certain components of protective investigations 24 under ss. 415.502-415.514 that are related to cases involving 25 a criminal investigation. The written agreement must specify 26 how the requirements of ss. 415.502-415.514 will be met. 27 (a) The agreement between the district and the county 28 sheriff's office or local police department must include the 29 following assurances and information: 30 31 118 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 1. Assurance that the county sheriff's office or local 2 police department will be in compliance with the procedural 3 requirements of ss. 415.502-415.514. 4 2. Description of a protocol between the district and 5 the county sheriff's office or local police department that at 6 a minimum addresses the following: 7 a. Response to reports of abuse and neglect. 8 b. Investigations. 9 c. Assessment of risk. 10 d. Evidence gathering. 11 e. Classification of reports. 12 f. Appeals of classifications. 13 e.g. Communication and involvement with the state 14 attorney. 15 f.h. Confidentiality of reports and access to 16 information. 17 g.i. Utilization of the child protection team. 18 h.j. Storage and maintenance of records and other 19 information. 20 3. Description of the transition of responsibility 21 that assures the integrity and continuity of protective 22 investigations. 23 4. Description of any necessary changes to department 24 rules. 25 (b) County sheriff's office or local police department 26 personnel assuming responsibility for conducting certain 27 components of protective investigations shall be appropriately 28 trained receive training from the department relevant to child 29 protective investigations and services. 30 (c) The secretary of the department shall dispose of a 31 proposed agreement by approving or disapproving the agreement 119 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 between a district and the county sheriff's office or local 2 police department within 60 days after receipt. The secretary 3 may negotiate modifications within this 60-day period. 4 (4) FLEXIBILITY AUTHORIZATION.-- 5 (a) For family services response system proposals that 6 the secretary determines require waiver of federal law, the 7 secretary may submit such waivers to the applicable federal 8 agency. 9 (b) The following statutory mandates may not be 10 subject to change or modification as part of a family services 11 response system;: 12 1. All reports and tracking data of child abuse, 13 neglect, or abandonment reports must be collected by continue 14 to be received at the central abuse registry and tracking 15 system. 16 2. All initial responses must continue to be completed 17 as currently mandated in order to ensure face-to-face contact 18 with the child victim. 19 3. The department retains responsibility for notifying 20 the state attorney and law enforcement agency, as required by 21 s. 415.505, immediately upon receipt of a report alleging, or 22 immediately upon learning in the course of providing services, 23 that: 24 a. A child died as a result of abuse or neglect; 25 b. A child is a victim of aggravated child abuse as 26 defined in s. 827.03; 27 c. A child is a victim of sexual battery or of sexual 28 abuse as defined in s. 415.503; or 29 d. A child is a victim of institutional abuse as 30 defined in s. 415.503. 31 120 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (5) APPROVAL PROCESS.--The secretary shall review the 2 family services response system plans for each district 3 proposals and approve them, disapprove them, or approve them 4 with changes. 5 (6) MEASUREMENTS.--Prior to implementing a family 6 services response system, the district health and human 7 services boards shall develop measurable and valid objectives 8 with both formative and summative evaluations. 9 Section 56. Section 415.50185, Florida Statutes, is 10 amended to read: 11 415.50185 Summative Outcome evaluation.-- 12 (1) Pursuant to the provisions of s. 20.19, the 13 department shall evaluate the impact and effectiveness of the 14 family services response system in meeting the purpose and 15 intent of the system, as provided in s. 415.5016, and prepare 16 a summative an outcome evaluation report. 17 (2) The summative outcome evaluation report shall 18 include, but is not limited to, the following information, 19 which the contract providers must maintain and provide: 20 (a) The number of families receiving services. 21 (b) The number of single-parent homes receiving 22 services. 23 (c) The number of intact families receiving services. 24 (d) The number of children in families with 25 stepparents receiving services. 26 (e)(b) The number of children placed in emergency 27 shelters, foster care, group homes, or other facilities 28 outside their homes and families from the categories provided 29 in paragraphs (b), (c), and (d). A record of social security 30 numbers shall be kept on each child who is removed from the 31 home for the purposes of a longitudinal study. 121 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (f)(c) The average cost of the services provided to 2 families receiving services. 3 (g)(d) The An overall statement of the progress of the 4 program, along with recommendations for improvements and 5 recordkeeping. 6 (e) The effect of the family services response system 7 in reducing the number of children placed outside the home and 8 reducing the number of child protective investigations under 9 part IV. 10 (3) In addition to the report required in subsection 11 (1), the department shall provide three status reports to the 12 appropriate substantive committees of the House of 13 Representatives and the Senate on the department's efforts, 14 and the results to date of specific district practices, to 15 implement the family services response system. The reports 16 shall be submitted annually for 3 years beginning January 1, 17 1995. 18 Section 57. Section 415.502, Florida Statutes, is 19 amended to read: 20 415.502 Comprehensive protective services for abused 21 or neglected children; legislative intent.--The intent of ss. 22 415.502-415.514 is to provide for comprehensive protective 23 services for abused or neglected children found in the state 24 by requiring that reports of each abused or neglected child be 25 made to the Department of Health and Rehabilitative Services 26 in an effort to prevent further harm to the child or any other 27 children living in the home and to preserve the family life of 28 the parents and children, to the maximum extent possible, by 29 enhancing the parental capacity for adequate child care. Each 30 child should have a social security number and be tracked 31 122 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 through the system for a longitudinal study from the initial 2 report until the date such study is initiated. 3 Section 58. Subsections (1), (3), (5), (6), and (7), 4 paragraph (a) of subsection (9), and subsections (11) and (12) 5 of section 415.503, Florida Statutes, 1996 Supplement, are 6 amended to read: 7 415.503 Definitions of terms used in ss. 8 415.502-415.514.--As used in ss. 415.502-415.514: 9 (1) "Abused or neglected child" means a child whose 10 physical or mental health or welfare is harmed, or threatened 11 with harm, by the acts or omissions of the parent or other 12 person responsible for the child's welfare or, for purposes of 13 reporting requirements, by any person. 14 (3) "Child abuse or neglect" means harm or threatened 15 harm to a child's physical or mental health or welfare by the 16 acts or omissions of a parent, adult household member, or 17 other person responsible for the child's welfare, or, for 18 purposes of reporting requirements, by any person. 19 (5) "Child protection team" means a team of 20 professionals established by the department to receive 21 referrals from the protective investigators and protective 22 supervision staff of the children, youth, and families program 23 and to provide specialized and supportive services to the 24 child and the child's family program in processing child abuse 25 and neglect cases. A child protection team may shall provide 26 consultation to other department programs of the department 27 and other persons on child abuse and neglect cases pursuant to 28 s. 415.5055(1)(g). 29 (6) "Department" means the Department of Children and 30 Family Health and Rehabilitative Services. 31 123 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (7) "False report" means a report of abuse or neglect 2 of a child to the central abuse hotline, which report is 3 maliciously made for the purpose of: 4 (a) Harassing, embarrassing, or harming another 5 person; 6 (b) Personal financial gain for the reporting person; 7 (c) Acquiring custody of a child; or 8 (d) Personal benefit for the reporting person in any 9 other private dispute involving a child. 10 11 The term "false report" does not include a report of abuse, 12 neglect, or abandonment of a child made in good faith to the 13 central abuse hotline. 14 (9) "Harm" to a child's health or welfare can occur 15 when the parent or other person responsible for the child's 16 welfare: 17 (a) Inflicts, or allows to be inflicted, upon the 18 child physical, mental, or emotional injury. In determining 19 whether harm has occurred, the following factors must be 20 considered in evaluating any physical, mental, or emotional 21 injury to a child: the age of the child; any prior history of 22 injuries to the child; the location of the injury on the body 23 of the child; the multiplicity of the injury; and the type of 24 trauma inflicted. Such injury includes, but is not limited to: 25 1. Willful acts that produce the following specific 26 injuries: 27 a. Sprains, dislocations, or cartilage damage. 28 b. Bone or skull fractures. 29 c. Brain or spinal cord damage. 30 d. Intracranial hemorrhage or injury to other internal 31 organs. 124 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 e. Asphyxiation, suffocation, or drowning. 2 f. Injury resulting from the use of a deadly weapon. 3 g. Burns or scalding. 4 h. Cuts, lacerations, punctures, or bites. 5 i. Permanent or temporary disfigurement. 6 j. Permanent or temporary loss or impairment of a body 7 part or function. 8 9 As used in this subparagraph, the term "willful" refers to the 10 intent to perform an action, not to the intent to achieve a 11 result or to cause an injury. 12 2. Purposely giving a child poison, alcohol, drugs, or 13 other substances that substantially affect the child's 14 behavior, motor coordination, or judgment or that result in 15 sickness or internal injury. For the purposes of this 16 subparagraph, the term "drugs" means prescription drugs not 17 prescribed for the child or not administered as prescribed, 18 and controlled substances as outlined in Schedule I or 19 Schedule II of s. 893.03. 20 3. Leaving a child without adult supervision or 21 arrangement appropriate for the child's age or mental or 22 physical condition, so that the child is unable to care for 23 the child's own needs or another's basic needs or is unable to 24 exercise good judgment in responding to any kind of physical 25 or emotional crisis. 26 4. Inappropriate or excessively harsh disciplinary 27 action that is likely to result in physical injury, mental 28 injury as defined in this section, or emotional injury. The 29 significance of any injury must be evaluated in light of the 30 following factors: the age of the child, any prior history of 31 injuries to the child, the location of the injury on the body 125 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 of the child, the multiplicity of the injury, and the type of 2 trauma inflicted. Corporal discipline may be considered 3 excessive or abusive when it results in any of the following 4 or other similar injuries: 5 a. Sprains, dislocations, or cartilage damage. 6 b. Bone or skull fractures. 7 c. Brain or spinal cord damage. 8 d. Intracranial hemorrhage or injury to other internal 9 organs. 10 e. Asphyxiation, suffocation, or drowning. 11 f. Injury resulting from the use of a deadly weapon. 12 g. Burns or scalding. 13 h. Cuts, lacerations, punctures, or bites. 14 i. Permanent or temporary disfigurement. 15 j. Permanent or temporary loss or impairment of a body 16 part or function. 17 k. Significant bruises or welts. 18 (11) "Mental injury" means an injury to the 19 intellectual or psychological capacity of a child as evidenced 20 by a discernible and substantial impairment in the ability to 21 function within the normal range of performance and behavior, 22 with due regard to his culture. 23 (11)(12) "Other person responsible for a child's 24 welfare" includes the child's legal guardian, legal custodian, 25 or foster parent; an employee of a private school, public or 26 private child day care center, residential home, institution, 27 facility, or agency; or any other person legally responsible 28 for the child's welfare in a residential setting; and also 29 includes an adult sitter or relative entrusted with a child's 30 care. For the purpose of departmental investigative 31 jurisdiction, This definition does not include law enforcement 126 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 officers or employees of municipal or county detention 2 facilities or the Department of Corrections while acting in an 3 official capacity. 4 Section 59. Subsection (4) of section 415.504, Florida 5 Statutes, 1996 Supplement, is amended to read: 6 415.504 Mandatory reports of child abuse or neglect; 7 mandatory reports of death; central abuse hotline.-- 8 (4)(a) The department shall establish and maintain a 9 central abuse hotline to receive all reports made pursuant to 10 this section in writing or through a single statewide 11 toll-free telephone number, which any person may use to report 12 known or suspected child abuse, abandonment, or neglect at any 13 hour of the day or night, any day of the week. The central 14 abuse hotline shall be operated in such a manner as to enable 15 the department to: 16 1. Immediately identify and locate prior reports or 17 cases of child abuse or neglect through utilization of the 18 department's automated tracking system. 19 2. Provide statistical analysis of child abuse victims 20 and individuals convicted of such crimes. Monitor and evaluate 21 the effectiveness of the department's program for reporting 22 and investigating suspected abuse or neglect of children 23 through the development and analysis of statistical and other 24 information. 25 3. Provide data for longitudinal studies of victims. 26 Track critical steps in the investigative process to ensure 27 compliance with all requirements for any report of abuse or 28 neglect. 29 4. Maintain and produce aggregate statistical reports 30 monitoring patterns of both child abuse and child neglect. The 31 department shall Collect and analyze child-on-child sexual 127 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 abuse reports and include the information the department shall 2 include in aggregate statistical reports. 3 5. Serve as a resource for both formative and 4 summative the evaluation reports, management, and planning of 5 preventive and remedial services for children who have been 6 subject to abuse or neglect and for assistance for these 7 families. 8 6. Initiate and enter into agreements with other 9 states for the purpose of gathering and sharing information 10 contained in reports on child maltreatment to further enhance 11 programs for the protection of children. 12 (b) Upon receiving a an oral or written electronic 13 data transmission report of known or suspected child abuse or 14 neglect, the central abuse hotline shall determine if the 15 report requires an immediate onsite protective investigation. 16 For reports requiring an immediate onsite protective 17 investigation, the central abuse hotline shall immediately 18 notify the department's designated children and families 19 district staff responsible for protective investigations to 20 ensure that an onsite investigation is promptly initiated. 21 For reports received anonymously, those reports determined to 22 require an immediate protective investigation shall be 23 referred to the districts for investigation within 24 hours. 24 The investigation must be limited in scope to the original 25 allegations reported; however, nothing in this section 26 precludes the investigator from reporting additional evidence 27 of other abuse observed while conducting the investigation. 28 For reports not requiring an immediate onsite protective 29 investigation, the central abuse hotline shall notify the 30 department's designated children and families district staff 31 responsible for protective investigations in sufficient time 128 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 to allow for an investigation, or if the district determines 2 appropriate, a family services response system approach to be 3 commenced within 24 hours. When a district decides to respond 4 to a report of child abuse or neglect with a family services 5 response system approach, the provisions of part III apply. 6 If, in the course of assessing risk and services or at any 7 other appropriate time, responsible district staff determines 8 that the risk to the child requires a child protective 9 investigation, then the department shall suspend its family 10 services response system activities and shall proceed with an 11 investigation as delineated in this part. At the time of 12 notification of district staff with respect to the report, the 13 central abuse hotline shall also provide information on any 14 previous report concerning a subject of the present report or 15 any pertinent information relative to the present report or 16 any noted earlier reports. 17 (c) Upon commencing an investigation under this part, 18 the child protective investigator shall inform any subject of 19 the investigation of the following: 20 1. The names of the investigators and identifying 21 credentials from the department. 22 2. The purpose of the investigation. 23 3. The right to obtain his or her own attorney and 24 ways that the information provided by the subject may be used. 25 (d) The child's parent or guardian has the right to 26 audio-record or videotape all activity related to the 27 investigations. 28 (e)(d) The department shall make and keep records of 29 all cases brought before it pursuant to this part and shall 30 preserve the records pertaining to a child and family until 7 31 years after the last entry was made or until the child is 18 129 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 years of age. The department shall then destroy the records, 2 except where the child has been placed under the protective 3 supervision of the department, the court has made a finding of 4 dependency, or a criminal conviction has resulted from the 5 facts associated with the report and there is a likelihood 6 that future services of the department may be required. 7 (f)(e) Information in the central abuse hotline may 8 not be used for employment screening. Access to the 9 information shall only be granted as set forth in s. 415.51. 10 Section 60. Paragraphs (b), (c), and (d) of subsection 11 (1), paragraphs (a) and (b) of subsection (2), and subsection 12 (4) of section 415.505, Florida Statutes, 1996 Supplement, are 13 amended to read: 14 415.505 Child protective investigations; institutional 15 child abuse or neglect investigations.-- 16 (1) 17 (b) For each report it receives, the department shall 18 perform an onsite child protective investigation to: 19 1. Determine the composition of the family or 20 household, including the name, address, date of birth, social 21 security number, sex, and race of each child named in the 22 report; any siblings or other children in the same household 23 or in the care of the same adults; the parents or other 24 persons responsible for the child's welfare; and any other 25 adults in the same household. 26 2. Determine whether there is indication that any 27 child in the family or household is abused, abandoned, or 28 neglected; the nature and extent of present or prior injuries, 29 abuse, or neglect, and any evidence thereof; and a 30 determination as to the person or persons apparently 31 responsible for the abuse, abandonment, or neglect, including 130 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 the name, address, date of birth, social security number, sex, 2 and race of each such person. 3 3. Determine the immediate and long-term risk to each 4 child through utilization of standardized risk assessment 5 instruments. 6 4. Determine the protective, treatment, and 7 ameliorative services necessary to safeguard and ensure the 8 child's well-being and development and cause the delivery of 9 those services through the early intervention of the 10 departmental worker responsible for provision and management 11 of identified services in order to preserve and stabilize 12 family life, if possible. 13 5. That the child's parent or guardian has the right 14 to audio-record or videotape all activities related to the 15 investigation. 16 (c) If the department is denied reasonable access to a 17 child by the parents or other persons responsible for the 18 child's welfare and the department deems that the best 19 interests of the child so require, it shall seek an 20 appropriate court order or other legal authority prior to 21 examining examine and interviewing interview the child. The 22 department must show cause to the court that it is necessary 23 to examine and interview the child. If the department 24 interviews a child in the absence of the child's parent or 25 guardian, the interview must be audio-recorded or videotaped. 26 (d) If the department determines that a child requires 27 immediate or long-term protection through: 28 1. Medical or other health care; 29 2. Homemaker care, day care, protective supervision, 30 or other services to stabilize the home environment, including 31 intensive family preservation services through the Family 131 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 Builders Program, the Intensive Crisis Counseling Program, or 2 both; or 3 3. Foster care, shelter care, or other substitute care 4 to remove the child from the parents' custody, 5 6 such services shall first be offered for the voluntary 7 acceptance of the parents or other person responsible for the 8 child's welfare, who shall be informed of the right to refuse 9 services as well as the responsibility of the department to 10 protect the child regardless of the acceptance or refusal of 11 services. If the services are refused or the department deems 12 that the child's need for protection so requires, the 13 department shall take the child into protective custody or 14 petition the court as provided in chapter 39. 15 (2)(a) The department shall conduct a child protective 16 investigation of each report of institutional child abuse or 17 neglect. Upon receipt of a report which alleges that an 18 employee or agent of the department, or any other entity or 19 person covered by s. 415.503(10) or (11) or (13), acting in an 20 official capacity, has committed an act of child abuse or 21 neglect, the department shall immediately initiate a child 22 protective investigation and orally notify the appropriate 23 state attorney, law enforcement agency, and licensing agency. 24 These agencies shall immediately conduct a joint 25 investigation, unless independent investigations are more 26 feasible. When a facility is exempt from licensing, the 27 department shall inform the owner or operator of the facility 28 of the report. Each agency conducting a joint investigation 29 shall be entitled to full access to the information gathered 30 by the department in the course of the investigation. In all 31 cases, the department shall make a full written report to the 132 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 state attorney within 3 days after making the oral report. A 2 criminal investigation shall be coordinated, whenever 3 possible, with the child protective investigation of the 4 department. Any interested person who has information 5 regarding the offenses described in this subsection may 6 forward a statement to the state attorney as to whether 7 prosecution is warranted and appropriate. Within 15 days after 8 the completion of the investigation, the state attorney shall 9 report the findings to the department and shall include in 10 such report a determination of whether or not prosecution is 11 justified and appropriate in view of the circumstances of the 12 specific case. 13 (b)1. If in the course of the child protective 14 investigation, the department finds that a subject of a 15 report, by continued contact with children in care, 16 constitutes a threatened harm to the physical health, mental 17 health, or welfare of the children, the department may 18 restrict a subject's access to the children pending the 19 outcome of the investigation. The department shall employ the 20 least restrictive means necessary to safeguard the physical 21 health, mental health, and welfare of the children in care. 22 This authority shall apply only to child protective 23 investigations in which there is some evidence that child 24 abuse or neglect has occurred. A subject of a report whose 25 access to children in care has been restricted is entitled to 26 petition the circuit court for judicial review. The court 27 shall enter written findings of fact based upon the 28 preponderance of evidence that child abuse or neglect did 29 occur and that the department's restrictive action against a 30 subject of the report was justified in order to safeguard the 31 physical health, mental health, and welfare of the children in 133 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 care. The restrictive action of the department shall be 2 effective for no more than 90 days without a judicial finding 3 supporting the actions of the department. 4 2. Upon completion of the department's child 5 protective investigation, the department may make application 6 to the circuit court for continued restrictive action against 7 any person necessary to safeguard the physical health, mental 8 health, and welfare of the children in care. 9 (4) In cases of institutional abuse in which the 10 multiplicity of the numbers of reports of child abuse or 11 neglect or the severity of the allegations of child abuse or 12 neglect indicates the need for specialized investigation by 13 the department in order to afford greater safeguards for the 14 physical health, mental health, and welfare of the children in 15 care, the department shall provide a team of persons specially 16 trained in the areas of child abuse and neglect 17 investigations, diagnosis, and treatment to assist the local 18 office of the department in expediting its investigation, 19 recommendations for restrictive actions, and to assist in 20 other ways deemed necessary by the department in order to 21 carry out the provisions of this section. The specially 22 trained team shall provide assistance to any investigation 23 efforts of the allegation or allegations by local law 24 enforcement and the Department of Law Enforcement. 25 Section 61. Paragraphs (d), (e), (f), and (i) of 26 subsection (1), paragraph (h) of subsection (2), and 27 subsection (3) of section 415.5055, Florida Statutes, 1996 28 Supplement, are amended to read: 29 415.5055 Child protection teams; services; eligible 30 cases.--The department shall develop, maintain, and coordinate 31 the services of one or more multidisciplinary child protection 134 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 teams in each of the service districts of the department. 2 Such teams may be composed of representatives of appropriate 3 health, mental health, social service, legal service, and law 4 enforcement agencies. 5 (1) The department shall utilize and convene the teams 6 to supplement the assessment and protective supervision 7 activities of the children, youth, and families program of the 8 department. Nothing in this section shall be construed to 9 remove or reduce the duty and responsibility of any person to 10 report pursuant to s. 415.504 all suspected or actual cases of 11 child abuse or neglect or sexual abuse of a child. The role 12 of the teams shall be to support activities of the program and 13 to provide services deemed by the teams to be necessary and 14 appropriate to abused and neglected children upon referral. 15 The specialized diagnostic assessment, evaluation, 16 coordination, consultation, and other supportive services that 17 a child protection team shall be capable of providing include, 18 but are not limited to, the following: 19 (d) Such psychological and psychiatric diagnosis and 20 evaluation services for the child or his parent or parents, 21 guardian or guardians, or other caregivers, or any other 22 individual involved in a child abuse or neglect case, as the 23 team may determine to be needed by licensed professionals 24 only. 25 (e) Short-term psychological treatment. It is the 26 intent of the Legislature that short-term psychological 27 treatment be limited to no more than 3 6 months' duration 28 after treatment is initiated, except that the appropriate 29 district administrator may authorize such treatment for 30 individual children beyond this limitation if the 31 administrator deems it appropriate. 135 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (f) Expert medical, licensed psychological, and 2 related professional testimony in court cases. 3 (i) Such training services for program and other 4 department employees as is deemed appropriate to enable them 5 to develop and maintain their professional skills and 6 abilities in handling child abuse and neglect cases. The 7 department shall develop a substantial testing and annual 8 evaluation program to ensure measurable competency of all 9 employees assigned to manage or supervise child abuse cases. 10 (2) The child abuse and neglect cases that are 11 appropriate for referral by the children, youth, and families 12 program to child protection teams for support services as set 13 forth in subsection (1) include, but are not limited to, cases 14 involving: 15 (h) Symptoms of serious emotional problems in a child 16 when emotional or other abuse or neglect is suspected. 17 (3) All records and reports of the child protection 18 team are confidential and exempt from the provisions of ss. 19 119.07(1) and 455.241, and shall not be disclosed, except, 20 upon request, to the state attorney, law enforcement, the 21 department, and necessary licensed professionals, in 22 furtherance of the treatment or additional evaluative needs of 23 the child or by order of the court. 24 25 In all instances in which a child protection team is providing 26 certain services to abused or neglected children, other 27 offices and units of the department shall avoid duplicating 28 the provision of those services. 29 Section 62. Section 415.506, Florida Statutes, is 30 hereby repealed. 31 136 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 Section 63. Section 415.507, Florida Statutes, is 2 amended to read: 3 415.507 Photographs, medical examinations, X rays, and 4 medical treatment of abused or neglected child.-- 5 (1) Any person required to investigate cases of 6 suspected child abuse or neglect case may take or cause to be 7 taken photographs of the areas of trauma visible on a child 8 who is the subject of a report. If the areas of trauma 9 visible on a child indicate a need for a medical examination, 10 or if the child verbally complains or otherwise exhibits 11 distress as a result of injury through suspected child abuse 12 or neglect, or is alleged to have been sexually abused, the 13 investigator person required to investigate may cause the 14 child to be referred for diagnosis to a licensed physician or 15 an emergency department in a hospital without the consent of 16 the child's parents, legal guardian, or legal custodian, but 17 only by court order unless it is an extreme emergency. Such 18 examination may be performed by an advanced registered nurse 19 practitioner licensed pursuant to chapter 464. Any licensed 20 physician, or advanced registered nurse practitioner licensed 21 pursuant to chapter 464, who has reasonable cause to suspect 22 that an injury was the result of child abuse may authorize a 23 radiological examination to be performed on the child without 24 the consent of the child's parent, legal guardian, or legal 25 custodian. 26 (2) Consent for any medical treatment shall be 27 obtained in the following manner. 28 (a)1. Consent to medical treatment shall be obtained 29 from a parent or guardian of the child; or 30 2. A court order for such treatment shall be obtained. 31 137 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (b) if a parent or guardian of the child is 2 unavailable and his or her whereabouts cannot be reasonably 3 ascertained, and it is after normal working hours so that a 4 court order cannot reasonably be obtained, an authorized agent 5 of the department shall have the authority to consent to 6 necessary medical treatment for the child. The authority of 7 the department to consent to medical treatment in this 8 circumstance shall be limited to the time reasonably necessary 9 to obtain court authorization. 10 (b)(c) If a parent or guardian of the child is 11 available but refuses to consent to the necessary treatment, a 12 court order shall be required unless the situation meets the 13 definition of an emergency in s. 743.064 or the treatment 14 needed is related to suspected abuse or neglect of the child 15 by a parent or guardian. In such case, the department shall 16 have the authority to consent to necessary medical treatment. 17 This authority is limited to the time reasonably necessary to 18 obtain court authorization. 19 20 In no case shall the department consent to sterilization, 21 abortion, or termination of life support. 22 (3) Any photograph or report on examinations made or X 23 rays taken pursuant to this section, or copies thereof, shall 24 be sent to the department investigator as soon as possible. 25 (4) The county in which the child is a resident shall 26 bear the initial costs of the examination of the allegedly 27 abused child; however, the parents, legal guardian, or legal 28 custodian of the child shall be required to reimburse the 29 county for all the costs of such examination and photographs 30 taken pursuant to this section, other than an initial forensic 31 physical examination as provided in s. 960.28, and to 138 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 reimburse the Department of Health and Rehabilitative Services 2 for the cost of the photographs taken pursuant to this 3 section. A medical provider may not bill a child victim, 4 directly or indirectly, for the cost of an initial forensic 5 physical examination. 6 (5) The court shall order a defendant or juvenile 7 offender who pleads guilty or nolo contendere to, or who is 8 convicted of or adjudicated delinquent for, a violation of 9 chapter 794 or chapter 800 to make restitution to the Crimes 10 Compensation Trust Fund or to the county, whichever paid for 11 the initial forensic physical examination, in an amount equal 12 to the compensation paid to the medical provider for the cost 13 of the initial forensic physical examination. The order may 14 be enforced by the department in the same manner as a judgment 15 in a civil action. 16 Section 64. Section 415.5081, Florida Statutes, is 17 created to read: 18 415.5081 Guardian advocate and guardians ad litem; 19 powers and authority.-- 20 (1) It is the duty of the guardian advocate to oversee 21 the care, health, and medical treatment of the child; to 22 advise the court regarding any change in the status of the 23 child; and to respond to any medical crisis of the child, 24 including providing consent to any needed medical treatment. 25 The guardian advocate shall report to the department if the 26 natural parents abandon the child or if the natural parents 27 reclaim custody of the child. 28 (2) A guardian ad litem shall act as a representative 29 of the child and shall be an advocate for the child's best 30 interest. A guardian ad litem shall have the powers, 31 privileges, and responsibilities to the extent necessary to 139 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 advance the best interest of the child, including, but not 2 limited to, the following: 3 (a) The guardian ad litem may investigate the 4 allegations of the pleadings affecting the child, collect 5 relevant information about the child's situation, and, after 6 proper notice to interested parties to the litigation and 7 subject to conditions set by the court, may interview the 8 child, witnesses, or any other person having information 9 concerning the welfare of the child. 10 (b) The guardian ad litem shall have access to all 11 information and records available to the department in the 12 case. Upon presentation of the order of appointment by the 13 guardian ad litem, any person, agency, or organization, 14 including, but not limited to, schools, hospitals, medical 15 doctors, dentists, psychologists, and psychiatrists, mental 16 health clinics, or divisions or departments of state or local 17 government shall permit the guardian ad litem to inspect and 18 copy any records and documents which relate to the minor child 19 or to the child's parents or other custodial persons or 20 household members with whom the child resides, without consent 21 of the child's parents or guardian. 22 (c) In the event any person, agency, or organization 23 refuses the guardian ad litem access to the child's records or 24 documents, the guardian ad litem, acting through counsel or as 25 otherwise authorized by the court, may petition the court for 26 an order directed to a specified person, agency, or 27 organization, which order directs that the guardian ad litem 28 be allowed to inspect and copy any records and documents which 29 relate to the minor child or to the child's parents or other 30 custodial persons or household members with whom the child 31 140 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 resides. Such order shall be obtained only after notice to 2 all parties and hearing thereon. 3 (d) The guardian ad litem, through counsel, or as 4 otherwise authorized by the court, may request the court to 5 order expert examinations of the child, the child's parents, 6 or other interested parties in the action, by medical doctors, 7 dentists, and other providers of health care, including 8 psychiatrists, psychologists, or other mental health 9 professionals. 10 (e) The guardian ad litem may assist the court in 11 obtaining impartial expert examinations. 12 (f) The guardian ad litem may address the court and 13 make written or oral recommendations to the court. The 14 guardian ad litem shall file a written report which may 15 include recommendations and a statement of the wishes of the 16 child. The report must be filed and served on all parties at 17 least 20 days prior to the hearing at which it will be 18 presented unless the court waives such time limit. The 19 guardian ad litem must be provided with copies of all 20 pleadings, notices, and other documents filed in the action 21 and is entitled to reasonable notice before any action 22 affecting the child is taken by either of the parties, their 23 counsel, or the court. 24 (g) A guardian ad litem, acting through counsel, or as 25 otherwise authorized by the court, may file such pleadings, 26 motions, or petitions for relief as the guardian ad litem 27 deems appropriate or necessary and may request and provide 28 discovery. The guardian ad litem, through counsel, or as 29 otherwise authorized by the court, is entitled to be present 30 and to participate in all depositions, hearings, and other 31 proceedings in the action, to examine or cross-examine 141 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 witnesses, and to present evidence and, through counsel, may 2 compel the attendance of witnesses. 3 (h) The guardian ad litem shall submit the guardian's 4 recommendations to the court regarding any stipulation or 5 agreement, whether incidental, temporary, or permanent, which 6 affects the interest or welfare of the minor child, within 10 7 days after the date such stipulation or agreement is served 8 upon the guardian ad litem. 9 Section 65. Section 415.50813, Florida Statutes, is 10 created to read: 11 415.50813 Guardians ad litem; confidentiality.--The 12 guardian ad litem shall maintain as confidential all 13 information and documents received from any source described 14 in s. 415.5081(2)(b) and may not disclose such information or 15 documents except, in the guardian ad litem's discretion, in a 16 report to the court, served upon both parties to the action 17 and their counsel or as directed by the court. 18 Section 66. Section 415.50815, Florida Statutes, is 19 created to read: 20 415.50815 Training and standards for guardians ad 21 litem.-- 22 (1) In order to enable the state to provide a 23 systematic approach to development and training for juvenile 24 court judges, child welfare attorneys, and guardians ad litem 25 which will meet the needs of the guardians ad litem in the 26 discharge of their duties, it is the intent of the Legislature 27 to request that the Supreme Court establish, maintian, and 28 oversee the program training for guardians ad litem in the 29 state. The purpose of the training programs is to better 30 prepare attorneys preparing to serve as guardians ad litem, as 31 well as other participants of the child dependency system; to 142 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 positively impact the health and safety of children in the 2 child dependency system; and to afford greater protection of 3 the public through an improved level of services delivered by 4 professionally trained guardians ad litem to children who are 5 alleged to be or who have been found to be dependent. 6 (2) On or before January 1, 1998, the Supreme Court 7 shall establish a program for training pursuant to the 8 provisions of this section, and all attorneys chosen as 9 guardians ad litem shall be required to participate in and 10 successfully complete the program of training pertinent to 11 their areas of responsibility. Judges and child welfare 12 attorneys may participate in such training program. 13 Section 67. Section 415.5084, Florida Statutes, is 14 amended to read: 15 415.5084 Petition for appointment of a guardian 16 advocate.--A petition for appointment of a guardian advocate 17 may be filed by the department, any relative of the child, any 18 licensed health care professional, or any other interested 19 person. The petition shall be in writing and shall be signed 20 by the petitioner under oath stating his good faith in filing 21 the petition. The form of the petition and its contents shall 22 be determined by the Florida Rules of Criminal Juvenile 23 Procedure. 24 Section 68. Subsection (3) of section 415.5086, 25 Florida Statutes, 1996 Supplement, is amended to read: 26 415.5086 Hearing for appointment of a guardian 27 advocate.-- 28 (3) The hearing shall be conducted by the judge 29 without a jury, applying the rules of evidence in use in 30 criminal civil cases. In a hearing on a petition for 31 appointment of a guardian advocate, the moving party shall 143 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 prove all the elements in s. 415.5087 by a preponderance of 2 the evidence. 3 Section 69. Subsections (3) and (4) of section 415.51, 4 Florida Statutes, 1996 Supplement, are amended to read: 5 415.51 Confidentiality of reports and records in cases 6 of child abuse or neglect.-- 7 (3) The department may release to professional persons 8 such information as is necessary for the diagnosis and 9 treatment of the child or the person perpetrating the abuse. 10 However, the reporting person may be cross-examined in a court 11 of law. 12 (4) The name of any person reporting child abuse, 13 abandonment, or neglect may not be released to any person 14 other than employees of the department responsible for child 15 protective services, the central abuse hotline, or the 16 appropriate state attorney without the written consent of the 17 person reporting. This does not prohibit the subpoenaing of a 18 person reporting child abuse, abandonment, or neglect when 19 deemed necessary by the court, the state attorney, or the 20 department, provided the fact that such person made the report 21 is not disclosed. The alleged perpetrator identified in a 22 false report may petition the court to be informed of the name 23 of the person who reported the child abuse or neglect and be 24 given a copy of the department's file of information 25 concerning the report. The court shall order that the name 26 and a copy of the file be released to the alleged perpetrator 27 if the court determines that there is no danger to the person 28 who reported the child abuse or neglect or to the child. Any 29 person who reports a case of child abuse or neglect may, at 30 the time he makes the report, request that the department 31 notify him that a child protective investigation occurred as a 144 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 result of the report. The department shall mail such a notice 2 to the reporter within 10 days after completing the child 3 protective investigation. 4 Section 70. Subsection (1) of section 415.5131, 5 Florida Statutes, is amended to read: 6 415.5131 Administrative fines for false report of 7 abuse or neglect of a child.-- 8 (1) In addition to any other penalty authorized by 9 this section, chapter 120, or other law, the department may 10 impose a fine, not to exceed $2,000 $1,000 for each violation, 11 upon a person who knowingly and willfully makes a false report 12 of abuse or neglect of a child, or a person who counsels 13 another to make a false report. 14 Section 71. Subsections (9) and (10) of section 15 415.516, Florida Statutes, are amended to read: 16 415.516 Goals.--The goals of any Family Builders 17 Program shall be to: 18 (9) Emphasize parental rights and responsibilities in 19 managing responsibility and facilitate counseling for children 20 at high risk of delinquent behavior and their parents. 21 (10) Provide such additional reasonable services for 22 parents whose children are out of control, truant, or 23 otherwise at risk in order to strengthen the family the 24 prevention of maltreatment and unnecessary foster care as may 25 be needed in order to strengthen a family at risk. 26 Section 72. Section 415.517, Florida Statutes, is 27 amended to read: 28 415.517 Contracting of services.--The department may 29 contract for the delivery of Family Builders Program services 30 by professionally qualified persons or local governments when 31 it determines that it is in the family's best interest. The 145 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 service provider or program operator must submit to the 2 department monthly activity reports covering any services 3 rendered. These activity reports must include project 4 evaluation in relation to individual families being served as 5 well as statistical data concerning families referred for 6 services who are not served due to the unavailability of 7 resources. The program costs of both formative and summative 8 evaluations program evaluation are an allowable cost 9 consideration in any service contract negotiated in accordance 10 with this subsection. 11 Section 73. Subsection (5) is added to section 12 415.519, Florida Statutes, to read: 13 415.519 Delivery of Family Builders Program 14 services.--Family Builders Program services delivered to 15 eligible families must be provided in accordance with the 16 following requirements: 17 (5) Appropriate data shall be collected in order to 18 evaluate the long-term effects of the program and to track the 19 success or failure of the individual members served by the 20 program. 21 Section 74. Subsection (2) of section 415.520, Florida 22 Statutes, is amended to read: 23 415.520 Qualifications of Family Builders Program 24 workers.-- 25 (2) A person who provides paraprofessional aide 26 services to families must possess a valid high school diploma 27 or a Graduate Equivalency Diploma and must have a minimum of 2 28 years' experience in working with families with children. An 29 associate degree in the human services curriculum with 1 year 30 of experience in working with families with children shall be 31 given priority. Experience in a volunteer capacity while 146 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 working with families may be included in the 2 years of 2 required experience. 3 Section 75. Section 415.521, Florida Statutes, is 4 amended to read: 5 415.521 Summative Outcome evaluation.--The summative 6 outcome evaluation report of the department shall include, but 7 is not limited to, the following information, which the 8 contract providers must maintain and provide: 9 (1) The number of families receiving services. 10 (2) The number of single-parent homes receiving 11 services. 12 (3) The number of intact families receiving services. 13 (4) The number of children in families with 14 stepparents receiving services. 15 (5) The number of families with special needs children 16 receiving services. 17 (6)(2) The number of children placed in emergency 18 shelters, foster care, group homes, or other facilities 19 outside their homes and families from the categories provided 20 in subsections (2)-(5). Social security numbers must be kept 21 on children removed from the home for a longitudinal study. 22 (7)(3) The average cost of the services provided to 23 families receiving services. 24 (8)(4) The An overall statement of the progress of the 25 program along with recommendations for improvements and 26 recordkeeping. 27 Section 76. Section 933.18, Florida Statutes, is 28 amended to read: 29 933.18 When warrant may be issued for search of 30 private dwelling.--No search warrant shall issue under this 31 147 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 chapter or under any other law of this state to search any 2 private dwelling occupied as such unless: 3 (1) It is being used for the unlawful sale, 4 possession, or manufacture of intoxicating liquor; 5 (2) Stolen or embezzled property is contained therein; 6 (3) It is being used to carry on gambling; 7 (4) It is being used to perpetrate frauds and 8 swindles; 9 (5) The law relating to narcotics or drug abuse is 10 being violated therein; 11 (6) A weapon, instrumentality, or means by which a 12 felony has been committed, or evidence relevant to proving 13 said felony has been committed, is contained therein; 14 (7) One or more of the following misdemeanor child 15 abuse offenses is being committed there: 16 (a) Interference with custody, in violation of s. 17 787.03. 18 (b) Commission of an unnatural and lascivious act with 19 a child, in violation of s. 800.02. 20 (c) Exposure of sexual organs to a child, in violation 21 of s. 800.03. 22 (8) It is in part used for some business purpose such 23 as a store, shop, saloon, restaurant, hotel, or boardinghouse, 24 or lodginghouse; 25 (9) It is being used for the unlawful sale, 26 possession, or purchase of wildlife, saltwater products, or 27 freshwater fish being unlawfully kept therein; or 28 (10) The laws in relation to cruelty to animals have 29 been or are being violated therein, except that no search 30 pursuant to such a warrant shall be made in any private 31 dwelling after sunset and before sunrise unless specially 148 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 authorized by the judge issuing the warrant, upon a showing of 2 probable cause. Property relating to the violation of such 3 laws may be taken on a warrant so issued from any private 4 dwelling in which it is concealed or from the possession of 5 any person therein by whom it shall have been used in the 6 commission of such offense or from any person therein in whose 7 possession it may be. 8 9 If, during a search pursuant to a warrant issued under this 10 section, a child is discovered and appears to be in imminent 11 danger, the law enforcement officer conducting such search may 12 remove the child from the private dwelling and take the child 13 into protective custody pursuant to s. 415.506. The term 14 "private dwelling" shall be construed to include the room or 15 rooms used and occupied, not transiently but solely as a 16 residence, in an apartment house, hotel, boardinghouse, or 17 lodginghouse. No warrant shall be issued for the search of 18 any private dwelling under any of the conditions hereinabove 19 mentioned except on sworn proof by affidavit of some 20 creditable witness that he has reason to believe that one of 21 said conditions exists, which affidavit shall set forth the 22 facts on which such reason for belief is based. 23 Section 77. Paragraph (b) of subsection (2) of section 24 39.038, Florida Statutes, is amended to read: 25 39.038 Release or delivery from custody.-- 26 (2) Unless otherwise ordered by the court pursuant to 27 s. 39.044, and unless there is a need to hold the child, a 28 person taking a child into custody shall attempt to release 29 the child as follows: 30 31 149 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (b) Contingent upon specific appropriation, to a 2 shelter approved by the department or to a protective 3 investigator pursuant to s. 39.401(2)(b). 4 Section 78. Section 39.015, Florida Statutes, is 5 amended to read: 6 39.015 Rules relating to habitual truants; adoption by 7 Department of Education and Department of Juvenile 8 Justice.--The Department of Juvenile Justice and the 9 Department of Education shall work together on the development 10 of, and shall adopt, rules for the implementation of ss. 11 39.01(75)(73), 39.403(2), and 232.19(3) and (6)(a). 12 Section 79. Subsections (3) and (6) of section 39.052, 13 Florida Statutes, 1996 Supplement, is amended to read: 14 39.052 Hearings.-- 15 (3) TRANSFER OF A CHILD FOR PROSECUTION AS AN ADULT.-- 16 (a)1. The court shall transfer and certify a child's 17 criminal case for trial as an adult if the child is alleged to 18 have committed a violation of law and, prior to the 19 commencement of an adjudicatory hearing, the child, joined by 20 a parent or, in the absence of a parent, by the guardian or 21 guardian ad litem, demands in writing to be tried as an adult. 22 Once a child has been transferred for criminal prosecution 23 pursuant to a voluntary waiver hearing and has been found to 24 have committed the presenting offense or a lesser included 25 offense, the child shall be handled thereafter in every 26 respect as an adult for any subsequent violation of state law, 27 unless the court imposes juvenile sanctions under s. 28 39.059(4)(b) or (c). 29 2.a. The state attorney may file a motion requesting 30 the court to transfer the child for criminal prosecution if 31 the child was 14 years of age or older at the time the alleged 150 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 delinquent act or violation of law was committed. If the child 2 has been previously adjudicated delinquent for murder, sexual 3 battery, armed or strong-armed robbery, carjacking, 4 home-invasion robbery, aggravated battery, or aggravated 5 assault, and is currently charged with a second or subsequent 6 violent crime against a person, the state attorney shall file 7 a motion requesting the court to transfer and certify the 8 juvenile for prosecution as an adult, or proceed pursuant to 9 subparagraph 5. 10 b. If the child was 14 years of age or older at the 11 time of commission of a fourth or subsequent alleged felony 12 offense and the child was previously adjudicated delinquent or 13 had adjudication withheld for or was found to have committed, 14 or to have attempted or conspired to commit, three offenses 15 that are felony offenses if committed by an adult, and one or 16 more of such felony offenses involved the use or possession of 17 a firearm or violence against a person, the state attorney 18 shall request the court to transfer and certify the child for 19 prosecution as an adult or shall provide written reasons to 20 the court for not making such request, or proceed pursuant to 21 subparagraph 5. Upon the state attorney's request, the court 22 shall either enter an order transferring the case and 23 certifying the case for trial as if the child were an adult or 24 provide written reasons for not issuing such an order. 25 3. If the court finds, after a waiver hearing under 26 subsection (2), that a juvenile who was 14 years of age or 27 older at the time the alleged violation of state law was 28 committed should be charged and tried as an adult, the court 29 shall enter an order transferring the case and certifying the 30 case for trial as if the child were an adult. The child shall 31 thereafter be subject to prosecution, trial, and sentencing as 151 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 if the child were an adult but subject to the provisions of s. 2 39.059(7). Once a child has been transferred for criminal 3 prosecution pursuant to an involuntary waiver hearing and has 4 been found to have committed the presenting offense or a 5 lesser included offense, the child shall thereafter be handled 6 in every respect as an adult for any subsequent violation of 7 state law, unless the court imposes juvenile sanctions under 8 s. 39.059(4)(b) or (c). 9 4.a. A child of any age who is charged with a 10 violation of state law punishable by death or by life 11 imprisonment is subject to the jurisdiction of the court as 12 set forth in s. 39.049(7) unless and until an indictment on 13 the charge is returned by the grand jury. When such indictment 14 is returned, the petition for delinquency, if any, must be 15 dismissed and the child must be tried and handled in every 16 respect as an adult: 17 (I) On the offense punishable by death or by life 18 imprisonment; and 19 (II) On all other felonies or misdemeanors charged in 20 the indictment which are based on the same act or transaction 21 as the offense punishable by death or by life imprisonment or 22 on one or more acts or transactions connected with the offense 23 punishable by death or by life imprisonment. 24 b. An adjudicatory hearing may not be held until 21 25 days after the child is taken into custody and charged with 26 having committed an offense punishable by death or by life 27 imprisonment, unless the state attorney advises the court in 28 writing that he or she does not intend to present the case to 29 the grand jury, or has presented the case to the grand jury 30 and the grand jury has not returned an indictment. If the 31 court receives such a notice from the state attorney, or if 152 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 the grand jury fails to act within the 21-day period, the 2 court may proceed as otherwise authorized under this part. 3 c. If the child is found to have committed the offense 4 punishable by death or by life imprisonment, the child shall 5 be sentenced as an adult. If the juvenile is not found to have 6 committed the indictable offense but is found to have 7 committed a lesser included offense or any other offense for 8 which he or she was indicted as a part of the criminal 9 episode, the court may sentence as follows: 10 (I) Pursuant to s. 39.059; 11 (II) Pursuant to chapter 958, notwithstanding any 12 other provisions of that chapter to the contrary; or 13 (III) As an adult, pursuant to s. 39.059(7)(c). 14 d. Once a child has been indicted pursuant to this 15 subsection and has been found to have committed any offense 16 for which he or she was indicted as a part of the criminal 17 episode, the child shall be handled thereafter in every 18 respect as if an adult for any subsequent violation of state 19 law, unless the court imposes juvenile sanctions under s. 20 39.059. 21 5.a. Effective January 1, 1995, with respect to any 22 child who was 14 or 15 years of age at the time the alleged 23 offense was committed, the state attorney may file an 24 information when in the state attorney's judgment and 25 discretion the public interest requires that adult sanctions 26 be considered or imposed and when the offense charged is: 27 (I) Arson; 28 (II) Sexual battery; 29 (III) Robbery; 30 (IV) Kidnapping; 31 (V) Aggravated child abuse; 153 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 (VI) Aggravated assault; 2 (VII) Aggravated stalking; 3 (VIII) Murder; 4 (IX) Manslaughter; 5 (X) Unlawful throwing, placing, or discharging of a 6 destructive device or bomb; 7 (XI) Armed burglary in violation of s. 810.02(2)(b) or 8 specified burglary of a dwelling or structure in violation of 9 s. 810.02(2)(c); 10 (XII) Aggravated battery; 11 (XIII) Lewd or lascivious assault or act in the 12 presence of a child; 13 (XIV) Carrying, displaying, using, threatening, or 14 attempting to use a weapon or firearm during the commission of 15 a felony; or 16 (XV) Grand theft in violation of s. 812.014(2)(a). 17 b. With respect to any child who was 16 or 17 years of 18 age at the time the alleged offense was committed, the state 19 attorney: 20 (I) May file an information when in the state 21 attorney's judgment and discretion the public interest 22 requires that adult sanctions be considered or imposed. 23 However, the state attorney may not file an information on a 24 child charged with a misdemeanor, unless the child has had at 25 least two previous adjudications or adjudications withheld for 26 delinquent acts, one of which involved an offense classified 27 as a felony under state law. 28 (II) Shall file an information if the child has been 29 previously adjudicated delinquent for murder, sexual battery, 30 armed or strong-armed robbery, carjacking, home-invasion 31 robbery, aggravated battery, or aggravated assault, and is 154 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 currently charged with a second or subsequent violent crime 2 against a person. 3 c. Effective January 1, 1995, notwithstanding 4 sub-subparagraphs a. and b. subparagraphs 1. and 2., 5 regardless of the child's age at the time the alleged offense 6 was committed, the state attorney must file an information 7 with respect to any child who previously has been adjudicated 8 for offenses which, if committed by an adult, would be 9 felonies and such adjudications occurred at three or more 10 separate delinquency adjudicatory hearings, and three of which 11 resulted in residential commitments as defined in s. 12 39.01(57)(59). 13 d. Once a child has been transferred for criminal 14 prosecution pursuant to information and has been found to have 15 committed the presenting offense or a lesser included offense, 16 the child shall be handled thereafter in every respect as if 17 an adult for any subsequent violation of state law, unless the 18 court imposes juvenile sanctions under s. 39.059(6). 19 e. Each state attorney shall develop and annually 20 update written policies and guidelines to govern 21 determinations for filing an information on a juvenile, to be 22 submitted to the Executive Office of the Governor, the 23 President of the Senate, the Speaker of the House of 24 Representatives, and the Juvenile Justice Advisory Board not 25 later than January 1 of each year. 26 f. The state attorney must file an information if a 27 child, regardless of the child's age at the time the alleged 28 offense was committed, is alleged to have committed an act 29 that would be a violation of law if the child were an adult, 30 that involves stealing a motor vehicle, including, but not 31 limited to, a violation of s. 812.133, relating to carjacking, 155 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 or s. 812.014(2)(c)6., relating to grand theft of a motor 2 vehicle, and while the child was in possession of the stolen 3 motor vehicle the child caused serious bodily injury to or the 4 death of a person who was not involved in the underlying 5 offense. For purposes of this section, the driver and all 6 willing passengers in the stolen motor vehicle at the time 7 such serious bodily injury or death is inflicted shall also be 8 subject to mandatory transfer to adult court. "Stolen motor 9 vehicle," for the purposes of this section, means a motor 10 vehicle that has been the subject of any criminal wrongful 11 taking. For purposes of this section, "willing passengers" 12 means all willing passengers who have participated in the 13 underlying offense. 14 (b) When a child has been transferred for criminal 15 prosecution as an adult and has been found to have committed a 16 violation of state law, the disposition of the case may be 17 made under s. 39.059 and may include the enforcement of any 18 restitution ordered in any juvenile proceeding. 19 (c) This section does not deprive the court of any 20 jurisdiction or relieve it of any duty conferred upon the 21 court by law. 22 (d) Notwithstanding any provision of this section or 23 any other law to the contrary, if a child is transferred for 24 criminal prosecution pursuant to this section, a nonindigent 25 or indigent but able to contribute parent or legal guardian of 26 the child pursuant to s. 27.52 is liable for necessary legal 27 fees and costs incident to the criminal prosecution of the 28 child as an adult. 29 (6) PLACEMENT OF A SERIOUS OR HABITUAL JUVENILE 30 OFFENDER.--Following a delinquency adjudicatory hearing 31 pursuant to subsection (1) and a delinquency disposition 156 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 hearing pursuant to subsection (4) which results in a 2 commitment determination, the court shall, on its own or upon 3 request by the state or the department, determine whether the 4 protection of the public requires that the child be placed in 5 a program for serious or habitual juvenile offenders and 6 whether the particular needs of the child would be best served 7 by a program for serious or habitual juvenile offenders as 8 provided in s. 39.058. The determination shall be made 9 pursuant to s. 39.01(64)(62) and paragraph (4)(e). 10 Section 80. Paragraph (e) of subsection (3) and 11 paragraph (a) of subsection (4) of section 39.058, Florida 12 Statutes, 1996 Supplement, are amended to read: 13 39.058 Serious or habitual juvenile offender.-- 14 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND 15 TREATMENT.-- 16 (e) After a child has been adjudicated delinquent 17 pursuant to s. 39.053(3), the court shall determine whether 18 the child meets the criteria for a serious or habitual 19 juvenile offender pursuant to s. 39.01(64)(62). If the court 20 determines that the child does not meet such criteria, the 21 provisions of s. 39.054 shall apply. 22 (4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.-- 23 (a) Pursuant to the provisions of this section, the 24 department shall implement the comprehensive assessment 25 instrument for the treatment needs of serious or habitual 26 juvenile offenders and for the assessment, which assessment 27 shall include the criteria under s. 39.01(64)(62) and shall 28 also include, but not be limited to, evaluation of the 29 child's: 30 1. Amenability to treatment. 31 2. Proclivity toward violence. 157 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 3. Tendency toward gang involvement. 2 4. Substance abuse or addiction and the level thereof. 3 5. History of being a victim of child abuse or sexual 4 abuse, or indication of sexual behavior dysfunction. 5 6. Number and type of previous adjudications, findings 6 of guilt, and convictions. 7 7. Potential for rehabilitation. 8 Section 81. Section 39.061, Florida Statutes, 1996 9 Supplement, is amended to read: 10 39.061 Escapes from secure detention or residential 11 commitment facility.--An escape from any secure detention 12 facility maintained for the temporary detention of children, 13 pending adjudication, disposition, or placement; an escape 14 from any residential commitment facility defined in s. 15 39.01(61)(59), maintained for the custody, treatment, 16 punishment, or rehabilitation of children found to have 17 committed delinquent acts or violations of law; or an escape 18 from lawful transportation thereto or therefrom constitutes 19 escape within the intent and meaning of s. 944.40 and is a 20 felony of the third degree, punishable as provided in s. 21 775.082, s. 775.083, or s. 775.084. 22 Section 82. Subsection (2) of section 39.423, Florida 23 Statutes, 1996 Supplement, is amended to read: 24 39.423 Intake.-- 25 (2) A representative of the department shall make a 26 preliminary determination as to whether the report or 27 complaint is complete. The criteria for the completeness of a 28 report or complaint with respect to a child alleged to be from 29 a family in need of services while subject to compulsory 30 school attendance shall be governed by s. 39.01(75)(73). In 31 any case in which the representative of the department finds 158 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 that the report or complaint is incomplete, the representative 2 of the department shall return the report or complaint without 3 delay to the person or agency originating the report or 4 complaint or having knowledge of the facts or to the 5 appropriate law enforcement agency having investigative 6 jurisdiction and request additional information in order to 7 complete the report or complaint. 8 Section 83. Paragraph (c) of subsection (3) of section 9 232.19, Florida Statutes, 1996 Supplement, is amended to read: 10 232.19 Court procedure and penalties.--The court 11 procedure and penalties for the enforcement of the provisions 12 of this chapter, relating to compulsory school attendance, 13 shall be as follows: 14 (3) HABITUAL TRUANCY CASES.--The school social worker, 15 the attendance assistant, or the school superintendent's 16 designee if there is no school social worker or attendance 17 assistant shall refer a student who is habitually truant and 18 the student's family to the children-in-need-of-services and 19 families-in-need-of-services provider or the case staffing 20 committee, established pursuant to s. 39.426, as determined by 21 the cooperative agreement required in this section. The case 22 staffing committee may request the Department of Juvenile 23 Justice or its designee to file a child-in-need-of-services 24 petition based upon the report and efforts of the school 25 district or other community agency or may seek to resolve the 26 truancy behavior through the school or community-based 27 organizations or agencies. Prior to and subsequent to the 28 filing of a child-in-need-of-services petition due to habitual 29 truancy, the appropriate governmental agencies must allow a 30 reasonable time to complete actions required by this 31 subsection to remedy the conditions leading to the truant 159 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 behavior. The following criteria must be met and documented in 2 writing prior to the filing of a petition: 3 (c) The district manager of the Department of Juvenile 4 Justice or the district manager's designee and the 5 superintendent of the local school district or the 6 superintendent's designee must have developed a cooperative 7 interagency agreement which clearly defines each department's 8 role, responsibility, and function in working with habitual 9 truants and their families. The interagency agreement shall 10 specify that the participants address issues of streamlining 11 service delivery, the appropriateness of legal intervention, 12 case management, the role and responsibility of the case 13 staffing committee, student and parental intervention and 14 involvement, and community action plans. The interagency 15 agreement shall delineate timeframes for implementation and 16 identify a mechanism for reporting results by the district 17 juvenile justice manager or the district manager's designee 18 and the superintendent of schools or the superintendent's 19 designee to the Department of Juvenile Justice and the 20 Department of Education and other governmental entities as 21 needed. The cooperative agreement may designate which agency 22 shall be responsible for the intervention steps in s. 23 39.01(75)(73), or this section, if such designation shall 24 yield more effective and efficient intervention services. 25 Section 84. Subsection (3) of section 744.309, Florida 26 Statutes, 1996 Supplement, is amended to read: 27 744.309 Who may be appointed guardian of a resident 28 ward.-- 29 (3) DISQUALIFIED PERSONS.--No person who has been 30 convicted of a felony or who, from any incapacity or illness, 31 is incapable of discharging the duties of a guardian, or who 160 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 is otherwise unsuitable to perform the duties of a guardian, 2 shall be appointed to act as guardian. Further, no person who 3 has been judicially determined to have committed abuse or 4 neglect against a child as defined in s. 39.01(2) and 5 (49)(47), or who has a confirmed report of abuse, neglect, or 6 exploitation which has been uncontested or upheld pursuant to 7 the provisions of ss. 415.104 and 415.1075 shall be appointed 8 to act as a guardian. Except as provided in subsection (5) or 9 subsection (6), a person who provides substantial services to 10 the proposed ward in a professional or business capacity, or a 11 creditor of the proposed ward, may not be appointed guardian 12 and retain that previous professional or business 13 relationship. A person may not be appointed a guardian if he 14 is in the employ of any person, agency, government, or 15 corporation that provides service to the proposed ward in a 16 professional or business capacity, except that a person so 17 employed may be appointed if he is the spouse, adult child, 18 parent, or sibling of the proposed ward or the court 19 determines that the potential conflict of interest is 20 insubstantial and that the appointment would clearly be in the 21 proposed ward's best interest. The court may not appoint a 22 guardian in any other circumstance in which a conflict of 23 interest may occur. 24 Section 85. Section 784.075, Florida Statutes, is 25 amended to read: 26 784.075 Battery on detention or commitment facility 27 staff.--A person who commits a battery on an intake counselor 28 or case manager, as defined in s. 39.01(36)(34), on other 29 staff of a detention center or facility as defined in s. 30 39.01(23), or on a staff member of a commitment facility as 31 defined in s. 39.01(61)(59)(c), (d), or (e), commits a felony 161 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1221 144-178C-97 1 of the third degree, punishable as provided in s. 775.082, s. 2 775.083, or s. 775.084. For purposes of this section, a staff 3 member of the facilities listed includes persons employed by 4 the Department of Juvenile Justice, persons employed at 5 facilities licensed by the Department of Juvenile Justice, and 6 persons employed at facilities operated under a contract with 7 the Department of Juvenile Justice. 8 Section 86. Section 415.5088, Florida Statutes, is 9 hereby repealed. 10 Section 87. This act shall take effect October 1, 11 1997. 12 13 ***************************************** 14 HOUSE SUMMARY 15 Creates the Family Bill of Rights Act. Prohibits a 16 protective investigator of the Department of Children and Family Services from taking a child into custody unless 17 the circuit court issues an order therefor, based on a finding of imminent danger to the child. Provides that 18 making a false statement in a sworn affidavit alleging imminent danger to a child is a third degree felony. 19 Provides that taking a child into custody without a valid court order or in the absence of a medical emergency or 20 in the presence of imminent harm or danger is a third degree felony. 21 22 Revises the provisions of chapters 39 and 415, F.S., to conform to the act and to: 23 1. Change the name of the Department of Health and Rehabilitative Services to the Department of Children and 24 Family Services where appropriate. 2. Provide for documentation of savings and losses 25 resulting from the enactment of the act. 3. Require notification to the parent, guardian, 26 and attorney of the parent or guardian with respect to described action taken concerning the child. 27 4. Generally provide that procedures shall follow the Florida Rules of Criminal Procedure rather than the 28 Florida Rules of Juvenile Procedure. 5. Provide for a consistent rate for attorney's 29 fees. 6. Provide for formative and summative evaluations. 30 31 See bill for details. 162