CODING: Words stricken are deletions; words underlined are additions.
H
Senator Dudley moved the following amendment:
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Dudley moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Part I of chapter 39, Florida Statutes,
18 consisting of sections 39.001, 39.01, 39.011, 39.012, 39.0121,
19 39.013, 39.0131, 39.0132, 39.0133, 39.0134, and 39.0135,
20 Florida Statutes, shall be entitled to read:
21 PART I
22 GENERAL PROVISIONS
23 Section 2. Section 39.001, Florida Statutes, is
24 amended to read:
25 39.001 Purposes and intent; personnel standards and
26 screening.--
27 (1) PURPOSES OF CHAPTER.--The purposes of this chapter
28 are:
29 (a)(b) To provide for the care, safety, and protection
30 of children in an environment that fosters healthy social,
31 emotional, intellectual, and physical development; to ensure
1
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 secure and safe custody; and to promote the health and
2 well-being of all children under the state's care.
3 (b) To recognize that most families desire to be
4 competent caregivers and providers for their children and that
5 children achieve their greatest potential when families are
6 able to support and nurture the growth and development of
7 their children. Therefore, the Legislature finds that policies
8 and procedures that provide for intervention through the
9 department's child protection system should be based on the
10 following principles:
11 1. The health and safety of the children served shall
12 be of paramount concern.
13 2. The intervention should engage families in
14 constructive, supportive, and nonadversarial relationships.
15 3. The intervention should intrude as little as
16 possible into the life of the family, be focused on clearly
17 defined objectives, and take the most parsimonious path to
18 remedy a family's problems.
19 4. The intervention should be based upon outcome
20 evaluation results that demonstrate success in protecting
21 children and supporting families.
22 (c) To provide a child protection system that reflects
23 a partnership between the department, other agencies, and
24 local communities.
25 (d) To provide a child protection system that is
26 sensitive to the social and cultural diversity of the state.
27 (e) To provide procedures that allow the department to
28 respond to reports of child abuse, abandonment, or neglect in
29 the most efficient and effective manner and that ensure the
30 health and safety of children and the integrity of families.
31 (c) To ensure the protection of society, by providing
2
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 for a comprehensive standardized assessment of the child's
2 needs so that the most appropriate control, discipline,
3 punishment, and treatment can be administered consistent with
4 the seriousness of the act committed, the community's
5 long-term need for public safety, the prior record of the
6 child and the specific rehabilitation needs of the child,
7 while also providing whenever possible restitution to the
8 victim of the offense.
9 (f)(d) To preserve and strengthen the child's family
10 ties whenever possible, removing the child from parental
11 custody only when his or her welfare or the safety and
12 protection of the public cannot be adequately safeguarded
13 without such removal.; and, when the child is removed from his
14 or her own family, to secure for the child custody, care, and
15 discipline as nearly as possible equivalent to that which
16 should have been given by the parents; and to assure, in all
17 cases in which a child must be permanently removed from
18 parental custody, that the child be placed in an approved
19 family home, adoptive home, independent living program, or
20 other placement that provides the most stable and permanent
21 living arrangement for the child, as determined by the court.
22 (g) To ensure that the parent or guardian from whose
23 custody the child has been taken assists the department to the
24 fullest extent possible in locating relatives suitable to
25 serve as caregivers for the child.
26 (h) To ensure that permanent placement with the
27 biological or adoptive family is achieved as soon as possible
28 for every child in foster care and that no child remains in
29 foster care longer than 1 year.
30 (i) To secure for the child, when removal of the child
31 from his or her own family is necessary, custody, care, and
3
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 discipline as nearly as possible equivalent to that which
2 should have been given by the parents; and to ensure, in all
3 cases in which a child must be removed from parental custody,
4 that the child is placed in an approved relative home,
5 licensed foster home, adoptive home, or independent living
6 program that provides the most stable and potentially
7 permanent living arrangement for the child, as determined by
8 the court. All placements shall be in a safe environment where
9 drugs and alcohol are not abused.
10 (j) To ensure that, when reunification or adoption is
11 not possible, the child will be prepared for alternative
12 permanency goals or placements, to include, but not be limited
13 to, long-term foster care, independent living, custody with a
14 relative on a permanent basis with or without legal
15 guardianship, or custody with a foster parent or caregiver on
16 a permanent basis with or without legal guardianship.
17 (k) To make every possible effort, when two or more
18 children who are in the care or under the supervision of the
19 department are siblings, to place the siblings in the same
20 home; and in the event of permanent placement of the siblings,
21 to place them in the same adoptive home or, if the siblings
22 are separated, to keep them in contact with each other.
23 (l)(a) To provide judicial and other procedures to
24 assure due process through which children, parents, and
25 guardians and other interested parties are assured fair
26 hearings by a respectful and respected court or other tribunal
27 and the recognition, protection, and enforcement of their
28 constitutional and other legal rights, while ensuring that
29 public safety interests and the authority and dignity of the
30 courts are adequately protected.
31 (m) To ensure that children under the jurisdiction of
4
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the courts are provided equal treatment with respect to goals,
2 objectives, services, and case plans, without regard to the
3 location of their placement. It is the further intent of the
4 Legislature that, when children are removed from their homes,
5 disruption to their education be minimized to the extent
6 possible.
7 (e)1. To assure that the adjudication and disposition
8 of a child alleged or found to have committed a violation of
9 Florida law be exercised with appropriate discretion and in
10 keeping with the seriousness of the offense and the need for
11 treatment services, and that all findings made under this
12 chapter be based upon facts presented at a hearing that meets
13 the constitutional standards of fundamental fairness and due
14 process.
15 2. To assure that the sentencing and placement of a
16 child tried as an adult be appropriate and in keeping with the
17 seriousness of the offense and the child's need for
18 rehabilitative services, and that the proceedings and
19 procedures applicable to such sentencing and placement be
20 applied within the full framework of constitutional standards
21 of fundamental fairness and due process.
22 (f) To provide children committed to the Department of
23 Juvenile Justice with training in life skills, including
24 career education.
25 (2) DEPARTMENT CONTRACTS.--The department of Juvenile
26 Justice or the Department of Children and Family Services, as
27 appropriate, may contract with the Federal Government, other
28 state departments and agencies, county and municipal
29 governments and agencies, public and private agencies, and
30 private individuals and corporations in carrying out the
31 purposes of, and the responsibilities established in, this
5
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 chapter.
2 (a) When the department of Juvenile Justice or the
3 Department of Children and Family Services contracts with a
4 provider for any program for children, all personnel,
5 including owners, operators, employees, and volunteers, in the
6 facility must be of good moral character. A volunteer who
7 assists on an intermittent basis for less than 40 hours per
8 month need not be screened if the volunteer is under direct
9 and constant supervision by persons who meet the screening
10 requirements.
11 (b) The department of Juvenile Justice and the
12 Department of Children and Family Services shall require
13 employment screening, and rescreening no less frequently than
14 once every 5 years, pursuant to chapter 435, using the level 2
15 standards set forth in that chapter for personnel in programs
16 for children or youths.
17 (c) The department of Juvenile Justice or the
18 Department of Children and Family Services may grant
19 exemptions from disqualification from working with children as
20 provided in s. 435.07.
21 (d) The department shall require all job applicants,
22 current employees, volunteers, and contract personnel who
23 currently perform or are seeking to perform child protective
24 investigations to be drug-tested pursuant to the procedures
25 and requirements of s. 112.0455, the Drug-Free Workplace Act.
26 The department is authorized to adopt rules, policies, and
27 procedures necessary to implement this paragraph.
28 (e) The department shall develop and implement a
29 written and performance-based testing and evaluation program,
30 pursuant to s. 20.19(4), to ensure measurable competencies of
31 all employees assigned to manage or supervise cases of child
6
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 abuse, abandonment, and neglect.
2 (3) GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose
3 of the Legislature that the children of this state be provided
4 with the following protections:
5 (a) Protection from abuse, abandonment, neglect, and
6 exploitation.
7 (b) A permanent and stable home.
8 (c) A safe and nurturing environment which will
9 preserve a sense of personal dignity and integrity.
10 (d) Adequate nutrition, shelter, and clothing.
11 (e) Effective treatment to address physical, social,
12 and emotional needs, regardless of geographical location.
13 (f) Equal opportunity and access to quality and
14 effective education, which will meet the individual needs of
15 each child, and to recreation and other community resources to
16 develop individual abilities.
17 (g) Access to preventive services.
18 (h) An independent, trained advocate, when
19 intervention is necessary and a skilled guardian or caregiver
20 in a safe environment when alternative placement is necessary.
21 (4) SUBSTANCE ABUSE SERVICES.--The Legislature finds
22 that children in the care of the state's dependency system
23 need appropriate health care services, that the impact of
24 substance abuse on health indicates the need for health care
25 services to include substance abuse services to children and
26 parents where appropriate, and that it is in the state's best
27 interest that such children be provided the services they need
28 to enable them to become and remain independent of state care.
29 In order to provide these services, the state's dependency
30 system must have the ability to identify and provide
31 appropriate intervention and treatment for children with
7
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 personal or family-related substance abuse problems. It is
2 therefore the purpose of the Legislature to provide authority
3 for the state to contract with community substance abuse
4 treatment providers for the development and operation of
5 specialized support and overlay services for the dependency
6 system, which will be fully implemented and utilized as
7 resources permit.
8 (5) PARENTAL, CUSTODIAL, AND GUARDIAN
9 RESPONSIBILITIES.--Parents, custodians, and guardians are
10 deemed by the state to be responsible for providing their
11 children with sufficient support, guidance, and supervision.
12 The state further recognizes that the ability of parents,
13 custodians, and guardians to fulfill those responsibilities
14 can be greatly impaired by economic, social, behavioral,
15 emotional, and related problems. It is therefore the policy of
16 the Legislature that it is the state's responsibility to
17 ensure that factors impeding the ability of caregivers to
18 fulfill their responsibilities are identified through the
19 dependency process and that appropriate recommendations and
20 services to address those problems are considered in any
21 judicial or nonjudicial proceeding.
22 (6) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
23 ABANDONMENT, AND NEGLECT OF CHILDREN.--The incidence of known
24 child abuse, abandonment, and neglect has increased rapidly
25 over the past 5 years. The impact that abuse, abandonment, or
26 neglect has on the victimized child, siblings, family
27 structure, and inevitably on all citizens of the state has
28 caused the Legislature to determine that the prevention of
29 child abuse, abandonment, and neglect shall be a priority of
30 this state. To further this end, it is the intent of the
31 Legislature that a comprehensive approach for the prevention
8
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 of abuse, abandonment, and neglect of children be developed
2 for the state and that this planned, comprehensive approach be
3 used as a basis for funding.
4 (7) PLAN FOR COMPREHENSIVE APPROACH.--
5 (a) The department shall develop a state plan for the
6 prevention of abuse, abandonment, and neglect of children and
7 shall submit the plan to the Speaker of the House of
8 Representatives, the President of the Senate, and the Governor
9 no later than January 1, 1983. The Department of Education and
10 the Division of Children's Medical Services of the Department
11 of Health shall participate and fully cooperate in the
12 development of the state plan at both the state and local
13 levels. Furthermore, appropriate local agencies and
14 organizations shall be provided an opportunity to participate
15 in the development of the state plan at the local level.
16 Appropriate local groups and organizations shall include, but
17 not be limited to, community mental health centers; guardian
18 ad litem programs for children under the circuit court; the
19 school boards of the local school districts; the district
20 human rights advocacy committees; private or public
21 organizations or programs with recognized expertise in working
22 with children who are sexually abused, physically abused,
23 emotionally abused, abandoned, or neglected and with expertise
24 in working with the families of such children; private or
25 public programs or organizations with expertise in maternal
26 and infant health care; multidisciplinary child protection
27 teams; child day care centers; law enforcement agencies, and
28 the circuit courts, when guardian ad litem programs are not
29 available in the local area. The state plan to be provided to
30 the Legislature and the Governor shall include, as a minimum,
31 the information required of the various groups in paragraph
9
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (b).
2 (b) The development of the comprehensive state plan
3 shall be accomplished in the following manner:
4 1. The department shall establish an interprogram task
5 force comprised of the Assistant Secretary for Children and
6 Family Services, or a designee, a representative from the
7 Children and Families Program Office, a representative from
8 the Alcohol, Drug Abuse, and Mental Health Program Office, a
9 representative from the Developmental Services Program Office,
10 a representative from the Office of Standards and Evaluation,
11 and a representative from the Division of Children's Medical
12 Services of the Department of Health. Representatives of the
13 Department of Law Enforcement and of the Department of
14 Education shall serve as ex officio members of the
15 interprogram task force. The interprogram task force shall be
16 responsible for:
17 a. Developing a plan of action for better coordination
18 and integration of the goals, activities, and funding
19 pertaining to the prevention of child abuse, abandonment, and
20 neglect conducted by the department in order to maximize staff
21 and resources at the state level. The plan of action shall be
22 included in the state plan.
23 b. Providing a basic format to be utilized by the
24 districts in the preparation of local plans of action in order
25 to provide for uniformity in the district plans and to provide
26 for greater ease in compiling information for the state plan.
27 c. Providing the districts with technical assistance
28 in the development of local plans of action, if requested.
29 d. Examining the local plans to determine if all the
30 requirements of the local plans have been met and, if they
31 have not, informing the districts of the deficiencies and
10
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 requesting the additional information needed.
2 e. Preparing the state plan for submission to the
3 Legislature and the Governor. Such preparation shall include
4 the collapsing of information obtained from the local plans,
5 the cooperative plans with the Department of Education, and
6 the plan of action for coordination and integration of
7 departmental activities into one comprehensive plan. The
8 comprehensive plan shall include a section reflecting general
9 conditions and needs, an analysis of variations based on
10 population or geographic areas, identified problems, and
11 recommendations for change. In essence, the plan shall
12 provide an analysis and summary of each element of the local
13 plans to provide a statewide perspective. The plan shall also
14 include each separate local plan of action.
15 f. Working with the specified state agency in
16 fulfilling the requirements of subparagraphs 2., 3., 4., and
17 5.
18 2. The department, the Department of Education, and
19 the Department of Health shall work together in developing
20 ways to inform and instruct parents of school children and
21 appropriate district school personnel in all school districts
22 in the detection of child abuse, abandonment, and neglect and
23 in the proper action that should be taken in a suspected case
24 of child abuse, abandonment, or neglect, and in caring for a
25 child's needs after a report is made. The plan for
26 accomplishing this end shall be included in the state plan.
27 3. The department, the Department of Law Enforcement,
28 and the Department of Health shall work together in developing
29 ways to inform and instruct appropriate local law enforcement
30 personnel in the detection of child abuse, abandonment, and
31 neglect and in the proper action that should be taken in a
11
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 suspected case of child abuse, abandonment, or neglect.
2 4. Within existing appropriations, the department
3 shall work with other appropriate public and private agencies
4 to emphasize efforts to educate the general public about the
5 problem of and ways to detect child abuse, abandonment, and
6 neglect and in the proper action that should be taken in a
7 suspected case of child abuse, abandonment, or neglect. The
8 plan for accomplishing this end shall be included in the state
9 plan.
10 5. The department, the Department of Education, and
11 the Department of Health shall work together on the
12 enhancement or adaptation of curriculum materials to assist
13 instructional personnel in providing instruction through a
14 multidisciplinary approach on the identification,
15 intervention, and prevention of child abuse, abandonment, and
16 neglect. The curriculum materials shall be geared toward a
17 sequential program of instruction at the four progressional
18 levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging
19 all school districts to utilize the curriculum are to be
20 included in the comprehensive state plan for the prevention of
21 child abuse, abandonment, and neglect.
22 6. Each district of the department shall develop a
23 plan for its specific geographical area. The plan developed
24 at the district level shall be submitted to the interprogram
25 task force for utilization in preparing the state plan. The
26 district local plan of action shall be prepared with the
27 involvement and assistance of the local agencies and
28 organizations listed in paragraph (a), as well as
29 representatives from those departmental district offices
30 participating in the treatment and prevention of child abuse,
31 abandonment, and neglect. In order to accomplish this, the
12
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 district administrator in each district shall establish a task
2 force on the prevention of child abuse, abandonment, and
3 neglect. The district administrator shall appoint the members
4 of the task force in accordance with the membership
5 requirements of this section. In addition, the district
6 administrator shall ensure that each subdistrict is
7 represented on the task force; and, if the district does not
8 have subdistricts, the district administrator shall ensure
9 that both urban and rural areas are represented on the task
10 force. The task force shall develop a written statement
11 clearly identifying its operating procedures, purpose, overall
12 responsibilities, and method of meeting responsibilities. The
13 district plan of action to be prepared by the task force shall
14 include, but shall not be limited to:
15 a. Documentation of the magnitude of the problems of
16 child abuse, including sexual abuse, physical abuse, and
17 emotional abuse, and child abandonment and neglect in its
18 geographical area.
19 b. A description of programs currently serving abused,
20 abandoned, and neglected children and their families and a
21 description of programs for the prevention of child abuse,
22 abandonment, and neglect, including information on the impact,
23 cost-effectiveness, and sources of funding of such programs.
24 c. A continuum of programs and services necessary for
25 a comprehensive approach to the prevention of all types of
26 child abuse, abandonment, and neglect as well as a brief
27 description of such programs and services.
28 d. A description, documentation, and priority ranking
29 of local needs related to child abuse, abandonment, and
30 neglect prevention based upon the continuum of programs and
31 services.
13
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 e. A plan for steps to be taken in meeting identified
2 needs, including the coordination and integration of services
3 to avoid unnecessary duplication and cost, and for alternative
4 funding strategies for meeting needs through the reallocation
5 of existing resources, utilization of volunteers, contracting
6 with local universities for services, and local government or
7 private agency funding.
8 f. A description of barriers to the accomplishment of
9 a comprehensive approach to the prevention of child abuse,
10 abandonment, and neglect.
11 g. Recommendations for changes that can be
12 accomplished only at the state program level or by legislative
13 action.
14 (8) FUNDING AND SUBSEQUENT PLANS.--
15 (a) All budget requests submitted by the department,
16 the Department of Education, or any other agency to the
17 Legislature for funding of efforts for the prevention of child
18 abuse, abandonment, and neglect shall be based on the state
19 plan developed pursuant to this section.
20 (b) The department at the state and district levels
21 and the other agencies listed in paragraph (7)(a) shall
22 readdress the plan and make necessary revisions every 5 years,
23 at a minimum. Such revisions shall be submitted to the Speaker
24 of the House of Representatives and the President of the
25 Senate no later than June 30 of each year divisible by 5. An
26 annual progress report shall be submitted to update the plan
27 in the years between the 5-year intervals. In order to avoid
28 duplication of effort, these required plans may be made a part
29 of or merged with other plans required by either the state or
30 Federal Government, so long as the portions of the other state
31 or Federal Government plan that constitute the state plan for
14
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the prevention of child abuse, abandonment, and neglect are
2 clearly identified as such and are provided to the Speaker of
3 the House of Representatives and the President of the Senate
4 as required above.
5 (9)(3) LIBERAL CONSTRUCTION.--It is the intent of the
6 Legislature that this chapter be liberally interpreted and
7 construed in conformity with its declared purposes.
8 Section 3. Section 415.5015, Florida Statutes, is
9 renumbered as section 39.0015, Florida Statutes, and amended
10 to read:
11 39.0015 415.5015 Child abuse prevention training in
12 the district school system.--
13 (1) SHORT TITLE.--This section may be cited as the
14 "Child Abuse Prevention Training Act of 1985."
15 (2) LEGISLATIVE INTENT.--It is the intent of the
16 Legislature that primary prevention training for all children
17 in kindergarten through grade 12 be encouraged in the district
18 school system through the training of school teachers,
19 guidance counselors, parents, and children.
20 (3) DEFINITIONS.--As used in this section:
21 (a) "Department" means the Department of Education.
22 (b) "Child abuse" means those acts as defined in ss.
23 39.01, 415.503, and 827.04.
24 (c) "Primary prevention and training program" means a
25 training and educational program for children, parents, and
26 teachers which is directed toward preventing the occurrence of
27 child abuse, including sexual abuse, physical abuse, child
28 abandonment, child neglect, and drug and alcohol abuse, and
29 toward reducing the vulnerability of children through training
30 of children and through including coordination with, and
31 training for, parents and school personnel.
15
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (d) "Prevention training center" means a center as
2 described in subsection (5).
3 (4) PRIMARY PREVENTION AND TRAINING PROGRAM.--A
4 primary prevention and training program shall include all of
5 the following, as appropriate for the persons being trained:
6 (a) Information provided in a clear and nonthreatening
7 manner, describing the problem of sexual abuse, physical
8 abuse, abandonment, neglect, and alcohol and drug abuse, and
9 the possible solutions.
10 (b) Information and training designed to counteract
11 common stereotypes about victims and offenders.
12 (c) Crisis counseling techniques.
13 (d) Available community resources and ways to access
14 those resources.
15 (e) Physical and behavioral indicators of abuse.
16 (f) Rights and responsibilities regarding reporting.
17 (g) School district procedures to facilitate
18 reporting.
19 (h) Caring for a child's needs after a report is made.
20 (i) How to disclose incidents of abuse.
21 (j) Child safety training and age-appropriate
22 self-defense techniques.
23 (k) The right of every child to live free of abuse.
24 (l) The relationship of child abuse to handicaps in
25 young children.
26 (m) Parenting, including communication skills.
27 (n) Normal and abnormal child development.
28 (o) Information on recognizing and alleviating family
29 stress caused by the demands required in caring for a
30 high-risk or handicapped child.
31 (p) Supports needed by school-age parents in caring
16
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 for a young child.
2 (5) PREVENTION TRAINING CENTERS; FUNCTIONS; SELECTION
3 PROCESS; MONITORING AND EVALUATION.--
4 (a) Each training center shall perform the following
5 functions:
6 1. Act as a clearinghouse to provide information on
7 prevention curricula which meet the requirements of this
8 section and the requirements of ss. 39.001, 231.17, and
9 236.0811, and 415.501.
10 2. Assist the local school district in selecting a
11 prevention program model which meets the needs of the local
12 community.
13 3. At the request of the local school district, design
14 and administer training sessions to develop or expand local
15 primary prevention and training programs.
16 4. Provide assistance to local school districts,
17 including, but not limited to, all of the following:
18 administration, management, program development, multicultural
19 staffing, and community education, in order to better meet the
20 requirements of this section and of ss. 39.001, 231.17, and
21 236.0811, and 415.501.
22 5. At the request of the department of Education or
23 the local school district, provide ongoing program development
24 and training to achieve all of the following:
25 a. Meet the special needs of children, including, but
26 not limited to, the needs of disabled and high-risk children.
27 b. Conduct an outreach program to inform the
28 surrounding communities of the existence of primary prevention
29 and training programs and of funds to conduct such programs.
30 6. Serve as a resource to the Department of Children
31 and Family Services and its districts.
17
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (b) The department, in consultation with the
2 Department of Children and Family Health and Rehabilitative
3 Services, shall select and award grants by January 1, 1986,
4 for the establishment of three private, nonprofit prevention
5 training centers: one located in and serving South Florida,
6 one located in and serving Central Florida, and one located in
7 and serving North Florida. The department, in consultation
8 with the Department of Children and Family Health and
9 Rehabilitative Services, shall select an agency or agencies to
10 establish three training centers which can fulfill the
11 requirements of this section and meet the following
12 requirements:
13 1. Have demonstrated experience in child abuse
14 prevention training.
15 2. Have shown capacity for training primary prevention
16 and training programs as provided for in subsections (3) and
17 defined in subsection (4).
18 3. Have provided training and organizing technical
19 assistance to the greatest number of private prevention and
20 training programs.
21 4. Have employed the greatest number of trainers with
22 experience in private child abuse prevention and training
23 programs.
24 5. Have employed trainers which represent the cultural
25 diversity of the area.
26 6. Have established broad community support.
27 (c) The department shall monitor and evaluate primary
28 prevention and training programs utilized in the local school
29 districts and shall monitor and evaluate the impact of the
30 prevention training centers on the implementation of primary
31 prevention programs and their ability to meet the required
18
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 responsibilities of a center as described in this section.
2 (6) The department of Education shall administer this
3 section act and in so doing is authorized to adopt rules and
4 standards necessary to implement the specific provisions of
5 this section act.
6 Section 4. Section 39.01, Florida Statutes, as amended
7 by chapter 97-276, Laws of Florida, is amended to read:
8 39.01 Definitions.--When used in this chapter, unless
9 the context otherwise requires:
10 (1) "Abandoned" means a situation in which the parent
11 or legal custodian of a child or, in the absence of a parent
12 or legal custodian, the caregiver person responsible for the
13 child's welfare, while being able, makes no provision for the
14 child's support and makes no effort to communicate with the
15 child, which situation is sufficient to evince a willful
16 rejection of parental obligations. If the efforts of such
17 parent or legal custodian, or caregiver person primarily
18 responsible for the child's welfare, to support and
19 communicate with the child are, in the opinion of the court,
20 only marginal efforts that do not evince a settled purpose to
21 assume all parental duties, the court may declare the child to
22 be abandoned. The term "abandoned" does not include a "child
23 in need of services" as defined in chapter 984 or a "family in
24 need of services" as defined in chapter 984. The incarceration
25 of a parent, legal custodian, or caregiver person responsible
26 for a child's welfare may support does not constitute a bar to
27 a finding of abandonment.
28 (2) "Abuse" means any willful act or threatened act
29 that results in any physical, mental, or sexual injury or harm
30 that causes or is likely to cause the child's physical,
31 mental, or emotional health to be significantly impaired. For
19
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the purpose of protective investigations, abuse of a child
2 includes the acts or omissions of the parent, legal custodian,
3 caregiver, or other person responsible for the child's
4 welfare. Corporal discipline of a child by a parent, legal
5 custodian, or caregiver guardian for disciplinary purposes
6 does not in itself constitute abuse when it does not result in
7 harm to the child as defined in s. 415.503.
8 (3) "Addictions receiving facility" means a substance
9 abuse service provider as defined in chapter 397.
10 (4) "Adjudicatory hearing" means a hearing for the
11 court to determine whether or not the facts support the
12 allegations stated in the petition as is provided for under s.
13 39.408(2), in dependency cases, or s. 39.467, in termination
14 of parental rights cases.
15 (5) "Adult" means any natural person other than a
16 child.
17 (6) "Adoption" means the act of creating the legal
18 relationship between parent and child where it did not exist,
19 thereby declaring the child to be legally the child of the
20 adoptive parents and their heir at law, and entitled to all
21 the rights and privileges and subject to all the obligations
22 of a child born to such adoptive parents in lawful wedlock.
23 (7) "Alleged juvenile sexual offender" means:
24 (a) A child 12 years of age or younger who is alleged
25 to have committed a violation of chapter 794, chapter 796,
26 chapter 800, s. 827.071, or s. 847.0133; or
27 (b) A child who is alleged to have committed any
28 violation of law or delinquent act involving juvenile sexual
29 abuse. "Juvenile sexual abuse" means any sexual behavior that
30 occurs without consent, without equality, or as a result of
31 coercion. For purposes of this paragraph, the following
20
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 definitions apply:
2 1. "Coercion" means the exploitation of authority or
3 the use of bribes, threats of force, or intimidation to gain
4 cooperation or compliance.
5 2. "Equality" means two participants operating with
6 the same level of power in a relationship, neither being
7 controlled nor coerced by the other.
8 3. "Consent" means an agreement, including all of the
9 following:
10 a. Understanding what is proposed based on age,
11 maturity, developmental level, functioning, and experience.
12 b. Knowledge of societal standards for what is being
13 proposed.
14 c. Awareness of potential consequences and
15 alternatives.
16 d. Assumption that agreement or disagreement will be
17 accepted equally.
18 e. Voluntary decision.
19 f. Mental competence.
20
21 Juvenile sexual offender behavior ranges from noncontact
22 sexual behavior such as making obscene phone calls,
23 exhibitionism, voyeurism, and the showing or taking of lewd
24 photographs to varying degrees of direct sexual contact, such
25 as frottage, fondling, digital penetration, rape, fellatio,
26 sodomy, and various other sexually aggressive acts.
27 (8)(6) "Arbitration" means a process whereby a neutral
28 third person or panel, called an arbitrator or an arbitration
29 panel, considers the facts and arguments presented by the
30 parties and renders a decision which may be binding or
31 nonbinding.
21
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (9)(7) "Authorized agent" or "designee" of the
2 department means an employee, volunteer, or other person or
3 agency determined by the state to be eligible for state-funded
4 risk management coverage, which is a person or agency assigned
5 or designated by the department of Juvenile Justice or the
6 Department of Children and Family Services, as appropriate, to
7 perform duties or exercise powers pursuant to this chapter and
8 includes contract providers and their employees for purposes
9 of providing services to and managing cases of children in
10 need of services and families in need of services.
11 (10) "Caregiver" means the parent, legal custodian,
12 adult household member, or other person responsible for a
13 child's welfare as defined in subsection (47).
14 (8) "Caretaker/homemaker" means an authorized agent of
15 the Department of Children and Family Services who shall
16 remain in the child's home with the child until a parent,
17 legal guardian, or relative of the child enters the home and
18 is capable of assuming and agrees to assume charge of the
19 child.
20 (11)(9) "Case plan" or "plan" means a document, as
21 described in s. 39.601 39.4031, prepared by the department
22 with input from all parties, including parents, guardians ad
23 litem, legal custodians, caregivers, and the child. The case
24 plan, that follows the child from the provision of voluntary
25 services through any dependency, foster care, or termination
26 of parental rights proceeding or related activity or process.
27 (12)(10) "Child" or "juvenile" or "youth" means any
28 unmarried person under the age of 18 years who has not been
29 emancipated by order of the court and who has been alleged or
30 found or alleged to be dependent, in need of services, or from
31 a family in need of services; or any married or unmarried
22
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 person who is charged with a violation of law occurring prior
2 to the time that person reached the age of 18 years.
3 (13) "Child protection team" means a team of
4 professionals established by the department to receive
5 referrals from the protective investigators and protective
6 supervision staff of the department and to provide specialized
7 and supportive services to the program in processing child
8 abuse, abandonment, or neglect cases. A child protection team
9 shall provide consultation to other programs of the department
10 and other persons regarding child abuse, abandonment, or
11 neglect cases.
12 (14)(11) "Child who is found to be dependent" means a
13 child who, pursuant to this chapter, is found by the court:
14 (a) To have been abandoned, abused, or neglected by
15 the child's parent or parents, legal custodians, or
16 caregivers; or other custodians.
17 (b) To have been surrendered to the department of
18 Children and Family Services, the former Department of Health
19 and Rehabilitative Services, or a licensed child-placing
20 agency for purpose of adoption;.
21 (c) To have been voluntarily placed with a licensed
22 child-caring agency, a licensed child-placing agency, an adult
23 relative, the department of Children and Family Services, or
24 the former Department of Health and Rehabilitative Services,
25 after which placement, under the requirements of part II of
26 this chapter, a case plan has expired and the parent or
27 parents, legal custodians, or caregivers have failed to
28 substantially comply with the requirements of the plan;.
29 (d) To have been voluntarily placed with a licensed
30 child-placing agency for the purposes of subsequent adoption,
31 and a natural parent or parents has signed a consent pursuant
23
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 to the Florida Rules of Juvenile Procedure;.
2 (e) To have no parent, legal custodian, or caregiver
3 responsible adult relative to provide supervision and care;
4 or.
5 (f) To be at substantial risk of imminent abuse,
6 abandonment, or neglect by the parent or parents, legal
7 custodians, or caregivers or the custodian.
8 (15)(12) "Child support" means a court-ordered
9 obligation, enforced under chapter 61 and ss.
10 409.2551-409.2597, for monetary support for the care,
11 maintenance, training, and education of a child.
12 (16)(13) "Circuit" means any of the 20 judicial
13 circuits as set forth in s. 26.021.
14 (17)(14) "Comprehensive assessment" or "assessment"
15 means the gathering of information for the evaluation of a
16 juvenile offender's or a child's and caregiver's physical,
17 psychiatric, psychological or mental health, educational,
18 vocational, and social condition and family environment as
19 they relate to the child's and caregiver's need for
20 rehabilitative and treatment services, including substance
21 abuse treatment services, mental health services,
22 developmental services, literacy services, medical services,
23 family services, and other specialized services, as
24 appropriate.
25 (18)(15) "Court," unless otherwise expressly stated,
26 means the circuit court assigned to exercise jurisdiction
27 under this chapter.
28 (19)(16) "Department," as used in this chapter, means
29 the Department of Children and Family Services.
30 (20)(17) "Diligent efforts by a parent, legal
31 custodian, or caregiver" means a course of conduct which
24
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 results in a reduction in risk to the child in the child's
2 home that would allow the child to be safely placed
3 permanently back in the home as set forth in the case plan.
4 (21)(18) "Diligent efforts of social service agency"
5 means reasonable efforts to provide social services or
6 reunification services made by any social service agency as
7 defined in this section that is a party to a case plan.
8 (22)(19) "Diligent search" means the efforts of a
9 social service agency to locate a parent or prospective parent
10 whose identity or location is unknown, or a relative made
11 known to the social services agency by the parent or custodian
12 of a child. When the search is for a parent, prospective
13 parent, or relative of a child in the custody of the
14 department, this search must be initiated as soon as the
15 social service agency is made aware of the existence of such
16 parent, with the search progress reported at each court
17 hearing until the parent is either identified and located or
18 the court excuses further search. prospective parent, or
19 relative. A diligent search shall include interviews with
20 persons who are likely to have information about the identity
21 or location of the person being sought, comprehensive database
22 searches, and records searches, including searches of
23 employment, residence, utilities, Armed Forces, vehicle
24 registration, child support enforcement, law enforcement, and
25 corrections records, and any other records likely to result in
26 identifying and locating the person being sought. The initial
27 diligent search must be completed within 90 days after a child
28 is taken into custody. After the completion of the initial
29 diligent search, the department, unless excused by the court,
30 shall have a continuing duty to search for relatives with whom
31 it may be appropriate to place the child, until such relatives
25
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 are found or until the child is placed for adoption.
2 (23)(20) "Disposition hearing" means a hearing in
3 which the court determines the most appropriate family support
4 dispositional services in the least restrictive available
5 setting provided for under s. 39.408(3), in dependency cases,
6 or s. 39.469, in termination of parental rights cases.
7 (24) "District" means any one of the 15 service
8 districts of the department established pursuant to s. 20.19.
9 (25)(21) "District administrator" means the chief
10 operating officer of each service district of the department
11 of Children and Family Services as defined in s. 20.19(7)(6)
12 and, where appropriate, includes any each district
13 administrator whose service district falls within the
14 boundaries of a judicial circuit.
15 (26) "Expedited termination of parental rights" means
16 proceedings wherein a case plan with the goal of reunification
17 is not being offered.
18 (27) "False report" means a report of abuse, neglect,
19 or abandonment of a child to the central abuse hotline, which
20 report is maliciously made for the purpose of:
21 (a) Harassing, embarrassing, or harming another
22 person;
23 (b) Personal financial gain for the reporting person;
24 (c) Acquiring custody of a child; or
25 (d) Personal benefit for the reporting person in any
26 other private dispute involving a child.
27
28 The term "false report" does not include a report of abuse,
29 neglect, or abandonment of a child made in good faith to the
30 central abuse hotline.
31 (28)(22) "Family" means a collective body of persons,
26
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 consisting of a child and a parent, legal guardian, adult
2 custodian, caregiver, or adult relative, in which:
3 (a) The persons reside in the same house or living
4 unit; or
5 (b) The parent, legal guardian, adult custodian,
6 caregiver, or adult relative has a legal responsibility by
7 blood, marriage, or court order to support or care for the
8 child.
9 (29)(23) "Foster care" means care provided a child in
10 a foster family or boarding home, group home, agency boarding
11 home, child care institution, or any combination thereof.
12 (30) "Harm" to a child's health or welfare can occur
13 when the parent, legal custodian, or caregiver responsible for
14 the child's welfare:
15 (a) Inflicts or allows to be inflicted upon the child
16 physical, mental, or emotional injury. In determining whether
17 harm has occurred, the following factors must be considered in
18 evaluating any physical, mental, or emotional injury to a
19 child: the age of the child; any prior history of injuries to
20 the child; the location of the injury on the body of the
21 child; the multiplicity of the injury; and the type of trauma
22 inflicted. Such injury includes, but is not limited to:
23 1. Willful acts that produce the following specific
24 injuries:
25 a. Sprains, dislocations, or cartilage damage.
26 b. Bone or skull fractures.
27 c. Brain or spinal cord damage.
28 d. Intracranial hemorrhage or injury to other internal
29 organs.
30 e. Asphyxiation, suffocation, or drowning.
31 f. Injury resulting from the use of a deadly weapon.
27
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 g. Burns or scalding.
2 h. Cuts, lacerations, punctures, or bites.
3 i. Permanent or temporary disfigurement.
4 j. Permanent or temporary loss or impairment of a body
5 part or function.
6
7 As used in this subparagraph, the term "willful" refers to the
8 intent to perform an action, not to the intent to achieve a
9 result or to cause an injury.
10 2. Purposely giving a child poison, alcohol, drugs, or
11 other substances that substantially affect the child's
12 behavior, motor coordination, or judgment or that result in
13 sickness or internal injury. For the purposes of this
14 subparagraph, the term "drugs" means prescription drugs not
15 prescribed for the child or not administered as prescribed,
16 and controlled substances as outlined in Schedule I or
17 Schedule II of s. 893.03.
18 3. Leaving a child without adult supervision or
19 arrangement appropriate for the child's age or mental or
20 physical condition, so that the child is unable to care for
21 the child's own needs or another's basic needs or is unable to
22 exercise good judgment in responding to any kind of physical
23 or emotional crisis.
24 4. Inappropriate or excessively harsh disciplinary
25 action that is likely to result in physical injury, mental
26 injury as defined in this section, or emotional injury. The
27 significance of any injury must be evaluated in light of the
28 following factors: the age of the child; any prior history of
29 injuries to the child; the location of the injury on the body
30 of the child; the multiplicity of the injury; and the type of
31 trauma inflicted. Corporal discipline may be considered
28
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 excessive or abusive when it results in any of the following
2 or other similar injuries:
3 a. Sprains, dislocations, or cartilage damage.
4 b. Bone or skull fractures.
5 c. Brain or spinal cord damage.
6 d. Intracranial hemorrhage or injury to other internal
7 organs.
8 e. Asphyxiation, suffocation, or drowning.
9 f. Injury resulting from the use of a deadly weapon.
10 g. Burns or scalding.
11 h. Cuts, lacerations, punctures, or bites.
12 i. Permanent or temporary disfigurement.
13 j. Permanent or temporary loss or impairment of a body
14 part or function.
15 k. Significant bruises or welts.
16 (b) Commits, or allows to be committed, sexual
17 battery, as defined in chapter 794, or lewd or lascivious
18 acts, as defined in chapter 800, against the child.
19 (c) Allows, encourages, or forces the sexual
20 exploitation of a child, which includes allowing, encouraging,
21 or forcing a child to:
22 1. Solicit for or engage in prostitution; or
23 2. Engage in a sexual performance, as defined by
24 chapter 827.
25 (d) Exploits a child, or allows a child to be
26 exploited, as provided in s. 450.151.
27 (e) Abandons the child. Within the context of the
28 definition of "harm," the term "abandons the child" means that
29 the parent or legal custodian of a child or, in the absence of
30 a parent or legal custodian, the person responsible for the
31 child's welfare, while being able, makes no provision for the
29
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 child's support and makes no effort to communicate with the
2 child, which situation is sufficient to evince a willful
3 rejection of parental obligation. If the efforts of such a
4 parent or legal custodian or person primarily responsible for
5 the child's welfare to support and communicate with the child
6 are only marginal efforts that do not evince a settled purpose
7 to assume all parental duties, the child may be determined to
8 have been abandoned.
9 (f) Neglects the child. Within the context of the
10 definition of "harm," the term "neglects the child" means that
11 the parent or other person responsible for the child's welfare
12 fails to supply the child with adequate food, clothing,
13 shelter, or health care, although financially able to do so or
14 although offered financial or other means to do so. However,
15 a parent, legal custodian, or caregiver who, by reason of the
16 legitimate practice of religious beliefs, does not provide
17 specified medical treatment for a child may not be considered
18 abusive or neglectful for that reason alone, but such an
19 exception does not:
20 1. Eliminate the requirement that such a case be
21 reported to the department;
22 2. Prevent the department from investigating such a
23 case; or
24 3. Preclude a court from ordering, when the health of
25 the child requires it, the provision of medical services by a
26 physician, as defined in this section, or treatment by a duly
27 accredited practitioner who relies solely on spiritual means
28 for healing in accordance with the tenets and practices of a
29 well-recognized church or religious organization.
30 (g) Exposes a child to a controlled substance or
31 alcohol. Exposure to a controlled substance or alcohol is
30
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 established by:
2 1. Use by the mother of a controlled substance or
3 alcohol during pregnancy when the child, at birth, is
4 demonstrably adversely affected by such usage; or
5 2. Continued chronic and severe use of a controlled
6 substance or alcohol by a parent when the child is
7 demonstrably adversely affected by such usage.
8
9 As used in this paragraph, the term "controlled substance"
10 means prescription drugs not prescribed for the parent or not
11 administered as prescribed and controlled substances as
12 outlined in Schedule I or Schedule II of s. 893.03.
13 (h) Uses mechanical devices, unreasonable restraints,
14 or extended periods of isolation to control a child.
15 (i) Engages in violent behavior that demonstrates a
16 wanton disregard for the presence of a child and could
17 reasonably result in serious injury to the child.
18 (j) Negligently fails to protect a child in his or her
19 care from inflicted physical, mental, or sexual injury caused
20 by the acts of another.
21 (k) Has allowed a child's sibling to die as a result
22 of abuse, abandonment, or neglect.
23 (31)(24) "Health and human services board" means the
24 body created in each service district of the department of
25 Children and Family Services pursuant to the provisions of s.
26 20.19(8)(7).
27 (32) "Institutional child abuse or neglect" means
28 situations of known or suspected child abuse or neglect in
29 which the person allegedly perpetrating the child abuse or
30 neglect is an employee of a private school, public or private
31 day care center, residential home, institution, facility, or
31
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 agency or any other person at such institution responsible for
2 the child's care.
3 (33)(25) "Judge" means the circuit judge exercising
4 jurisdiction pursuant to this chapter.
5 (34)(26) "Legal custody" means a legal status created
6 by court order or letter of guardianship which vests in a
7 custodian of the person or guardian, whether an agency or an
8 individual, the right to have physical custody of the child
9 and the right and duty to protect, train, and discipline the
10 child and to provide him or her with food, shelter, education,
11 and ordinary medical, dental, psychiatric, and psychological
12 care. The legal custodian is the person or entity in whom the
13 legal right to custody is vested.
14 (35) "Legal guardianship" means a judicially created
15 relationship between the child and caregiver which is intended
16 to be permanent and self-sustaining and is provided pursuant
17 to the procedures in chapter 744.
18 (36)(27) "Licensed child-caring agency" means a
19 person, society, association, or agency licensed by the
20 department of Children and Family Services to care for,
21 receive, and board children.
22 (37)(28) "Licensed child-placing agency" means a
23 person, society, association, or institution licensed by the
24 department of Children and Family Services to care for,
25 receive, or board children and to place children in a licensed
26 child-caring institution or a foster or adoptive home.
27 (38)(29) "Licensed health care professional" means a
28 physician licensed under chapter 458, an osteopathic physician
29 licensed under chapter 459, a nurse licensed under chapter
30 464, a physician assistant certified under chapter 458 or
31 chapter 459, or a dentist licensed under chapter 466.
32
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (39)(30) "Likely to injure oneself" means that, as
2 evidenced by violent or other actively self-destructive
3 behavior, it is more likely than not that within a 24-hour
4 period the child will attempt to commit suicide or inflict
5 serious bodily harm on himself or herself.
6 (40)(31) "Likely to injure others" means that it is
7 more likely than not that within a 24-hour period the child
8 will inflict serious and unjustified bodily harm on another
9 person.
10 (41)(32) "Long-term relative custodian" means an adult
11 relative who is a party to a long-term custodial relationship
12 created by a court order pursuant to this chapter s.
13 39.41(2)(a)5.
14 (42)(33) "Long-term relative custody" or "long-term
15 custodial relationship" means the relationship that a juvenile
16 court order creates between a child and an adult relative of
17 the child or other caregiver an adult nonrelative approved by
18 the court when the child cannot be placed in the custody of a
19 natural parent and termination of parental rights is not
20 deemed to be in the best interest of the child. Long-term
21 relative custody confers upon the long-term relative or other
22 caregiver nonrelative custodian the right to physical custody
23 of the child, a right which will not be disturbed by the court
24 except upon request of the caregiver custodian or upon a
25 showing that a material change in circumstances necessitates a
26 change of custody for the best interest of the child. A
27 long-term relative or other caregiver nonrelative custodian
28 shall have all of the rights and duties of a natural parent,
29 including, but not limited to, the right and duty to protect,
30 train, and discipline the child and to provide the child with
31 food, shelter, and education, and ordinary medical, dental,
33
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 psychiatric, and psychological care, unless these rights and
2 duties are otherwise enlarged or limited by the court order
3 establishing the long-term custodial relationship.
4 (43)(34) "Mediation" means a process whereby a neutral
5 third person called a mediator acts to encourage and
6 facilitate the resolution of a dispute between two or more
7 parties. It is an informal and nonadversarial process with
8 the objective of helping the disputing parties reach a
9 mutually acceptable and voluntary agreement. In mediation,
10 decisionmaking authority rests with the parties. The role of
11 the mediator includes, but is not limited to, assisting the
12 parties in identifying issues, fostering joint problem
13 solving, and exploring settlement alternatives.
14 (44) "Mental injury" means an injury to the
15 intellectual or psychological capacity of a child as evidenced
16 by a discernible and substantial impairment in the ability to
17 function within the normal range of performance and behavior.
18 (45)(35) "Necessary medical treatment" means care
19 which is necessary within a reasonable degree of medical
20 certainty to prevent the deterioration of a child's condition
21 or to alleviate immediate pain of a child.
22 (46)(36) "Neglect" occurs when the parent or legal
23 custodian of a child or, in the absence of a parent or legal
24 custodian, the caregiver person primarily responsible for the
25 child's welfare deprives a child of, or allows a child to be
26 deprived of, necessary food, clothing, shelter, or medical
27 treatment or permits a child to live in an environment when
28 such deprivation or environment causes the child's physical,
29 mental, or emotional health to be significantly impaired or to
30 be in danger of being significantly impaired. The foregoing
31 circumstances shall not be considered neglect if caused
34
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 primarily by financial inability unless actual services for
2 relief have been offered to and rejected by such person. A
3 parent, legal custodian, or caregiver guardian legitimately
4 practicing religious beliefs in accordance with a recognized
5 church or religious organization who thereby does not provide
6 specific medical treatment for a child shall not, for that
7 reason alone, be considered a negligent parent, legal
8 custodian, or caregiver guardian; however, such an exception
9 does not preclude a court from ordering the following services
10 to be provided, when the health of the child so requires:
11 (a) Medical services from a licensed physician,
12 dentist, optometrist, podiatrist, or other qualified health
13 care provider; or
14 (b) Treatment by a duly accredited practitioner who
15 relies solely on spiritual means for healing in accordance
16 with the tenets and practices of a well-recognized church or
17 religious organization.
18
19 For the purpose of protective investigations, neglect of a
20 child includes the acts or omissions of the parent, legal
21 custodian, or caregiver.
22 (47) "Other person responsible for a child's welfare"
23 includes the child's legal guardian, legal custodian, or
24 foster parent; an employee of a private school, public or
25 private child day care center, residential home, institution,
26 facility, or agency; or any other person legally responsible
27 for the child's welfare in a residential setting; and also
28 includes an adult sitter or relative entrusted with a child's
29 care. For the purpose of departmental investigative
30 jurisdiction, this definition does not include law enforcement
31 officers, or employees of municipal or county detention
35
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 facilities or the Department of Corrections, while acting in
2 an official capacity.
3 (48)(37) "Next of kin" means an adult relative of a
4 child who is the child's brother, sister, grandparent, aunt,
5 uncle, or first cousin.
6 (49)(38) "Parent" means a woman who gives birth to a
7 child and a man whose consent to the adoption of the child
8 would be required under s. 63.062(1)(b). If a child has been
9 legally adopted, the term "parent" means the adoptive mother
10 or father of the child. The term does not include an
11 individual whose parental relationship to the child has been
12 legally terminated, or an alleged or prospective parent,
13 unless the parental status falls within the terms of either s.
14 39.4051(7) or s. 63.062(1)(b).
15 (50)(39) "Participant," for purposes of a shelter
16 proceeding, dependency proceeding, or termination of parental
17 rights proceeding, means any person who is not a party but who
18 should receive notice of hearings involving the child,
19 including foster parents or caregivers, identified prospective
20 parents, grandparents entitled to priority for adoption
21 consideration under s. 63.0425, actual custodians of the
22 child, and any other person whose participation may be in the
23 best interest of the child. Participants may be granted leave
24 by the court to be heard without the necessity of filing a
25 motion to intervene.
26 (51)(40) "Party," for purposes of a shelter
27 proceeding, dependency proceeding, or termination of parental
28 rights proceeding, means the parent or legal custodian of the
29 child, the petitioner, the department, the guardian ad litem
30 or the representative of the guardian ad litem program when
31 the program one has been appointed, and the child. The
36
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 presence of the child may be excused by order of the court
2 when presence would not be in the child's best interest.
3 Notice to the child may be excused by order of the court when
4 the age, capacity, or other condition of the child is such
5 that the notice would be meaningless or detrimental to the
6 child.
7 (52) "Physical injury" means death, permanent or
8 temporary disfigurement, or impairment of any bodily part.
9 (53) "Physician" means any licensed physician,
10 dentist, podiatrist, or optometrist and includes any intern or
11 resident.
12 (54)(41) "Preliminary screening" means the gathering
13 of preliminary information to be used in determining a child's
14 need for further evaluation or assessment or for referral for
15 other substance abuse services through means such as
16 psychosocial interviews; urine and breathalyzer screenings;
17 and reviews of available educational, delinquency, and
18 dependency records of the child.
19 (55)(42) "Preventive services" means social services
20 and other supportive and rehabilitative services provided to
21 the parent of the child, the legal custodian guardian of the
22 child, or the caregiver custodian of the child and to the
23 child for the purpose of averting the removal of the child
24 from the home or disruption of a family which will or could
25 result in the placement of a child in foster care. Social
26 services and other supportive and rehabilitative services
27 shall promote the child's need for physical, mental, and
28 emotional health and a safe, continuous, stable, living
29 environment, and shall promote family autonomy, and shall
30 strengthen family life, as the first priority whenever
31 possible.
37
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (56)(43) "Prospective parent" means a person who
2 claims to be, or has been identified as, a person who may be a
3 mother or a father of a child.
4 (57)(44) "Protective investigation" means the
5 acceptance of a report alleging child abuse, abandonment, or
6 neglect, as defined in this chapter s. 415.503, by the central
7 abuse hotline or the acceptance of a report of other
8 dependency by the department local children, youth, and
9 families office of the Department of Children and Family
10 Services; the investigation and classification of each report;
11 the determination of whether action by the court is warranted;
12 the determination of the disposition of each report without
13 court or public agency action when appropriate; and the
14 referral of a child to another public or private agency when
15 appropriate; and the recommendation by the protective
16 investigator of court action when appropriate.
17 (58)(45) "Protective investigator" means an authorized
18 agent of the department of Children and Family Services who
19 receives and, investigates, and classifies reports of child
20 abuse, abandonment, or neglect as defined in s. 415.503; who,
21 as a result of the investigation, may recommend that a
22 dependency petition be filed for the child under the criteria
23 of paragraph (11)(a); and who performs other duties necessary
24 to carry out the required actions of the protective
25 investigation function.
26 (59)(46) "Protective supervision" means a legal status
27 in dependency cases, child-in-need-of-services cases, or
28 family-in-need-of-services cases which permits the child to
29 remain safely in his or her own home or other placement under
30 the supervision of an agent of the department and which must
31 be reviewed by Department of Juvenile Justice or the
38
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 Department of Children and Family Services, subject to being
2 returned to the court during the period of supervision.
3 (47) "Protective supervision case plan" means a
4 document that is prepared by the protective supervision
5 counselor of the Department of Children and Family Services,
6 is based upon the voluntary protective supervision of a case
7 pursuant to s. 39.403(2)(b), or a disposition order entered
8 pursuant to s. 39.41(2)(a)3., and that:
9 (a) Is developed in conference with the parent,
10 guardian, or custodian of the child and, if appropriate, the
11 child and any court-appointed guardian ad litem.
12 (b) Is written simply and clearly in the principal
13 language, to the extent possible, of the parent, guardian, or
14 custodian of the child and in English.
15 (c) Is subject to modification based on changing
16 circumstances and negotiations among the parties to the plan
17 and includes, at a minimum:
18 1. All services and activities ordered by the court.
19 2. Goals and specific activities to be achieved by all
20 parties to the plan.
21 3. Anticipated dates for achieving each goal and
22 activity.
23 4. Signatures of all parties to the plan.
24 (d) Is submitted to the court in cases where a
25 dispositional order has been entered pursuant to s.
26 39.41(2)(a)3.
27 (60)(48) "Relative" means a grandparent,
28 great-grandparent, sibling, first cousin, aunt, uncle,
29 great-aunt, great-uncle, niece, or nephew, whether related by
30 the whole or half blood, by affinity, or by adoption. The term
31 does not include a stepparent.
39
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (61)(49) "Reunification services" means social
2 services and other supportive and rehabilitative services
3 provided to the parent of the child, the legal custodian
4 guardian of the child, or the caregiver custodian of the
5 child, whichever is applicable, to the child, and where
6 appropriate to the foster parents of the child, for the
7 purpose of enabling a child who has been placed in out-of-home
8 foster care to safely return to his or her family at the
9 earliest possible time. The health and safety of the child
10 shall be the paramount goal of social services and other
11 supportive and rehabilitative services. Such services shall
12 promote the child's need for physical, mental, and emotional
13 health and a safe, continuous, stable, living environment, and
14 shall promote family autonomy, and shall strengthen family
15 life, as a first priority whenever possible.
16 (62) "Secretary" means the Secretary of Children and
17 Family Services.
18 (63) "Sexual abuse of a child" means one or more of
19 the following acts:
20 (a) Any penetration, however slight, of the vagina or
21 anal opening of one person by the penis of another person,
22 whether or not there is the emission of semen.
23 (b) Any sexual contact between the genitals or anal
24 opening of one person and the mouth or tongue of another
25 person.
26 (c) Any intrusion by one person into the genitals or
27 anal opening of another person, including the use of any
28 object for this purpose, except that this does not include any
29 act intended for a valid medical purpose.
30 (d) The intentional touching of the genitals or
31 intimate parts, including the breasts, genital area, groin,
40
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 inner thighs, and buttocks, or the clothing covering them, of
2 either the child or the perpetrator, except that this does not
3 include:
4 1. Any act which may reasonably be construed to be a
5 normal caregiver responsibility, any interaction with, or
6 affection for a child; or
7 2. Any act intended for a valid medical purpose.
8 (e) The intentional masturbation of the perpetrator's
9 genitals in the presence of a child.
10 (f) The intentional exposure of the perpetrator's
11 genitals in the presence of a child, or any other sexual act
12 intentionally perpetrated in the presence of a child, if such
13 exposure or sexual act is for the purpose of sexual arousal or
14 gratification, aggression, degradation, or other similar
15 purpose.
16 (g) The sexual exploitation of a child, which includes
17 allowing, encouraging, or forcing a child to:
18 1. Solicit for or engage in prostitution; or
19 2. Engage in a sexual performance, as defined by
20 chapter 827.
21 (64)(50) "Shelter" means a place for the temporary
22 care of a child who is alleged to be or who has been found to
23 be dependent, a child from a family in need of services, or a
24 child in need of services, pending court disposition before or
25 after adjudication. or after execution of a court order.
26 "Shelter" may include a facility which provides 24-hour
27 continual supervision for the temporary care of a child who is
28 placed pursuant to s. 984.14.
29 (65)(51) "Shelter hearing" means a hearing in which
30 the court determines whether probable cause exists to keep a
31 child in shelter status pending further investigation of the
41
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 case provided for under s. 984.14 in
2 family-in-need-of-services cases or child-in-need-of-services
3 cases.
4 (66)(52) "Social service agency" means the department
5 of Children and Family Services, a licensed child-caring
6 agency, or a licensed child-placing agency.
7 (53) "Staff-secure shelter" means a facility in which
8 a child is supervised 24 hours a day by staff members who are
9 awake while on duty. The facility is for the temporary care
10 and assessment of a child who has been found to be dependent,
11 who has violated a court order and been found in contempt of
12 court, or whom the Department of Children and Family Services
13 is unable to properly assess or place for assistance within
14 the continuum of services provided for dependent children.
15 (67)(54) "Substance abuse" means using, without
16 medical reason, any psychoactive or mood-altering drug,
17 including alcohol, in such a manner as to induce impairment
18 resulting in dysfunctional social behavior.
19 (68)(55) "Substantial compliance" means that the
20 circumstances which caused the creation of the case plan
21 placement in foster care have been significantly remedied to
22 the extent that the well-being and safety of the child will
23 not be endangered upon the child's remaining with or being
24 returned to the child's parent, legal custodian, or caregiver
25 or guardian.
26 (69)(56) "Taken into custody" means the status of a
27 child immediately when temporary physical control over the
28 child is attained by a person authorized by law, pending the
29 child's release or placement, detention, placement, or other
30 disposition as authorized by law.
31 (70)(57) "Temporary legal custody" means the
42
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 relationship that a juvenile court creates between a child and
2 an adult relative of the child, legal custodian, or caregiver
3 adult nonrelative approved by the court, or other person until
4 a more permanent arrangement is ordered. Temporary legal
5 custody confers upon the custodian the right to have temporary
6 physical custody of the child and the right and duty to
7 protect, train, and discipline the child and to provide the
8 child with food, shelter, and education, and ordinary medical,
9 dental, psychiatric, and psychological care, unless these
10 rights and duties are otherwise enlarged or limited by the
11 court order establishing the temporary legal custody
12 relationship.
13 (71) "Victim" means any child who has sustained or is
14 threatened with physical, mental, or emotional injury
15 identified in a report involving child abuse, neglect, or
16 abandonment, or child-on-child sexual abuse.
17 Section 5. Section 39.455, Florida Statutes, is
18 renumbered as section 39.011, Florida Statutes, and amended to
19 read:
20 39.011 39.455 Immunity from liability.--
21 (1) In no case shall employees or agents of the
22 department or a social service agency acting in good faith be
23 liable for damages as a result of failing to provide services
24 agreed to under the case plan or permanent placement plan
25 unless the failure to provide such services occurs as a result
26 of bad faith or malicious purpose or occurs in a manner
27 exhibiting wanton and willful disregard of human rights,
28 safety, or property.
29 (2) The inability or failure of the department or of a
30 social service agency or the employees or agents of the social
31 service agency to provide the services agreed to under the
43
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 case plan or permanent placement plan shall not render the
2 state or the social service agency liable for damages unless
3 such failure to provide services occurs in a manner exhibiting
4 wanton or willful disregard of human rights, safety, or
5 property.
6 (3) A member or agent of a citizen review panel acting
7 in good faith is not liable for damages as a result of any
8 review or recommendation with regard to a foster care or
9 shelter care matter unless such member or agent exhibits
10 wanton and willful disregard of human rights or safety, or
11 property.
12 Section 6. Section 39.012, Florida Statutes, is
13 amended to read:
14 39.012 Rules for implementation.--The department of
15 Children and Family Services shall adopt rules for the
16 efficient and effective management of all programs, services,
17 facilities, and functions necessary for implementing this
18 chapter. Such rules may not conflict with the Florida Rules of
19 Juvenile Procedure. All rules and policies must conform to
20 accepted standards of care and treatment.
21 Section 7. Section 39.0121, Florida Statutes, is
22 created to read:
23 39.0121 Specific rulemaking authority.--Pursuant to
24 the requirements of s. 120.536, the department is specifically
25 authorized to adopt, amend, and repeal administrative rules
26 that implement or interpret law or policy, or describe the
27 procedure and practice requirements necessary to implement
28 this chapter, including, but not limited to, the following:
29 (1) Background screening of department employees and
30 applicants; criminal records checks of prospective foster and
31 adoptive parents; and drug testing of protective
44
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 investigators.
2 (2) Reporting of child abuse, neglect, and
3 abandonment; reporting of child-on-child sexual abuse; false
4 reporting; child protective investigations; taking a child
5 into protective custody; and shelter procedures.
6 (3) Confidentiality and retention of department
7 records; access to records; and record requests.
8 (4) Department and client trust funds.
9 (5) Child protection teams and services, and eligible
10 cases.
11 (6) Consent to and provision of medical care and
12 treatment for children in the care of the department.
13 (7) Federal funding requirements and procedures;
14 foster care and adoption subsidies; subsidized independent
15 living; and subsidized child care.
16 (8) Agreements with law enforcement and other state
17 agencies; access to the National Crime Information Center
18 (NCIC); and access to the parent locator service.
19 (9) Licensing, registration, and certification of
20 child day care providers, shelter and foster homes, and
21 residential child-caring and child-placing agencies.
22 (10) The Family Builders Program, the Intensive Crisis
23 Counseling Program, and any other early-intervention programs
24 and kinship care assistance programs.
25 (11) Department contracts, pilot programs, and
26 demonstration projects.
27 (12) Legal and casework procedures, including, but not
28 limited to, mediation, diligent search, stipulations,
29 consents, surrenders, and default, with respect to dependency,
30 termination of parental rights, adoption, guardianship, and
31 kinship care proceedings.
45
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (13) Legal and casework management of cases involving
2 in-home supervision and out-of-home care, including judicial
3 reviews, administrative reviews, case plans, and any other
4 documentation or procedures required by federal or state law.
5 (14) Injunctions and other protective orders,
6 domestic-violence-related cases, and certification of domestic
7 violence centers.
8 Section 8. Section 39.40, Florida Statutes, is
9 renumbered as section 39.013, Florida Statutes, and amended to
10 read:
11 39.013 39.40 Procedures and jurisdiction; right to
12 counsel.--
13 (1) All procedures, including petitions, pleadings,
14 subpoenas, summonses, and hearings, in this chapter dependency
15 cases shall be according to the Florida Rules of Juvenile
16 Procedure unless otherwise provided by law. Parents must be
17 informed by the court of their right to counsel in dependency
18 proceedings at each stage of the dependency proceedings.
19 Parents who are unable to afford counsel and who are
20 threatened with criminal charges based on the facts underlying
21 the dependency petition or a permanent loss of custody of
22 their children must be appointed counsel.
23 (2) The circuit court shall have exclusive original
24 jurisdiction of all proceedings under parts III, IV, V, and VI
25 of this chapter, of a child voluntarily placed with a licensed
26 child-caring agency, a licensed child-placing agency, or the
27 department, and of the adoption of children whose parental
28 rights have been terminated pursuant to this chapter.
29 Jurisdiction attaches when the initial shelter petition,
30 dependency petition, or termination of parental rights
31 petition is filed or when a child is taken into the custody of
46
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the department. The circuit court may assume jurisdiction over
2 any such proceeding regardless of whether the child was in the
3 physical custody of both parents, was in the sole legal or
4 physical custody of only one parent, caregiver, or of some
5 other person, or was in the physical or legal custody of no
6 person when the event or condition occurred that brought the
7 child to the attention of the court. When the court obtains
8 jurisdiction of any child who has been found to be dependent
9 is obtained, the court shall retain jurisdiction, unless
10 relinquished by its order, until the child reaches 18 years of
11 age.
12 (3) When a child is under the jurisdiction of the
13 circuit court pursuant to the provisions of this chapter, the
14 juvenile court, as a division of the circuit court, may
15 exercise the general and equitable jurisdiction over
16 guardianship proceedings pursuant to the provisions of chapter
17 744, and proceedings for temporary custody of minor children
18 by extended family pursuant to the provisions of chapter 751.
19 (4)(3) The court shall expedite the resolution of the
20 placement issue in cases involving a child who under 4 years
21 of age when the child has been removed from the family and
22 placed in a shelter.
23 (5)(4) The court shall expedite the judicial handling
24 of all cases when the child has been removed from the family
25 and placed in a shelter, and of all cases involving a child
26 under 4 years of age.
27 (6)(5) It is the intent of the Legislature that
28 Children removed from their homes shall be provided equal
29 treatment with respect to goals, objectives, services, and
30 case plans, without regard to the location of their
31 placement., and that placement shall be in a safe environment
47
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 where drugs and alcohol are not abused. It is the further
2 intent of the Legislature that, when children are removed from
3 their homes, disruption to their education be minimized to the
4 extent possible.
5 (7) For any child who remains in the custody or under
6 the supervision of the department, the court shall, within the
7 6-month period before the child's 18th birthday, hold a
8 hearing to review the progress of the child while in the
9 custody or under the supervision of the department.
10 (8)(a) At each stage of the proceedings under this
11 chapter, the court shall advise the parent, legal custodian,
12 or caregiver of the right to counsel. The court shall appoint
13 counsel for indigent persons. The court shall ascertain
14 whether the right to counsel is understood. When right to
15 counsel is waived, the court shall determine whether the
16 waiver is knowing and intelligent. The court shall enter its
17 findings in writing with respect to the appointment or waiver
18 of counsel for indigent parties or the waiver of counsel by
19 nonindigent parties.
20 (b) Once counsel has entered an appearance or been
21 appointed by the court to represent the parent of the child,
22 the attorney shall continue to represent the parent throughout
23 the proceedings. If the attorney-client relationship is
24 discontinued, the court shall advise the parent of the right
25 to have new counsel retained or appointed for the remainder of
26 the proceedings.
27 (c)1. No waiver of counsel may be accepted if it
28 appears that the parent, legal custodian, or caregiver is
29 unable to make an intelligent and understanding choice because
30 of mental condition, age, education, experience, the nature or
31 complexity of the case, or other factors.
48
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 2. A waiver of counsel made in court must be of
2 record.
3 3. If a waiver of counsel is accepted at any hearing
4 or proceeding, the offer of assistance of counsel must be
5 renewed by the court at each subsequent stage of the
6 proceedings at which the parent, legal custodian, or caregiver
7 appears without counsel.
8 (d) This subsection does not apply to any parent who
9 has voluntarily executed a written surrender of the child and
10 consents to the entry of a court order terminating parental
11 rights.
12 (9) The time limitations in this chapter do not
13 include:
14 (a) Periods of delay resulting from a continuance
15 granted at the request or with the consent of the child's
16 counsel or the child's guardian ad litem, if one has been
17 appointed by the court, or, if the child is of sufficient
18 capacity to express reasonable consent, at the request or with
19 the consent of the child.
20 (b) Periods of delay resulting from a continuance
21 granted at the request of the attorney for the department, if
22 the continuance is granted:
23 1. Because of an unavailability of evidence material
24 to the case when the attorney for the department has exercised
25 due diligence to obtain such evidence and there are
26 substantial grounds for believing that such evidence will be
27 available within 30 days. However, if the department is not
28 prepared to present its case within 30 days, the parent or
29 guardian may move for issuance of an order to show cause or
30 the court on its own motion may impose appropriate sanctions,
31 which may include dismissal of the petition.
49
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 2. To allow the attorney for the department additional
2 time to prepare the case and additional time is justified
3 because of an exceptional circumstance.
4 (c) Reasonable periods of delay necessary to
5 accomplish notice of the hearing to the child's parents;
6 however, the petitioner shall continue regular efforts to
7 provide notice to the parents during such periods of delay.
8 (d) Reasonable periods of delay resulting from a
9 continuance granted at the request of the parent or legal
10 custodian of a subject child.
11 (10) Court-appointed counsel representing indigent
12 parents or legal guardians at shelter hearings shall be paid
13 from state funds appropriated by general law.
14 Section 9. Section 39.4057, Florida Statutes, is
15 renumbered as section 39.0131, Florida Statutes.
16 Section 10. Section 39.411, Florida Statutes, is
17 renumbered as section 39.0132, Florida Statutes, and amended
18 to read:
19 39.0132 39.411 Oaths, records, and confidential
20 information.--
21 (1) The judge, clerks or deputy clerks, or authorized
22 agents of the department shall each have the power to
23 administer oaths and affirmations.
24 (2) The court shall make and keep records of all cases
25 brought before it pursuant to this chapter and shall preserve
26 the records pertaining to a dependent child until 10 years
27 after the last entry was made, or until the child is 18 years
28 of age, whichever date is first reached, and may then destroy
29 them, except that records of cases where orders were entered
30 permanently depriving a parent of the custody of a juvenile
31 shall be preserved permanently. The court shall make official
50
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 records, consisting of all petitions and orders filed in a
2 case arising pursuant to this part and any other pleadings,
3 certificates, proofs of publication, summonses, warrants, and
4 other writs which may be filed therein.
5 (3) The clerk shall keep all court records required by
6 this part separate from other records of the circuit court.
7 All court records required by this part shall not be open to
8 inspection by the public. All records shall be inspected only
9 upon order of the court by persons deemed by the court to have
10 a proper interest therein, except that, subject to the
11 provisions of s. 63.162, a child and the parents, or legal
12 custodians, or caregivers of the child and their attorneys,
13 guardian ad litem, law enforcement agencies, and the
14 department and its designees shall always have the right to
15 inspect and copy any official record pertaining to the child.
16 The court may permit authorized representatives of recognized
17 organizations compiling statistics for proper purposes to
18 inspect and make abstracts from official records, under
19 whatever conditions upon their use and disposition the court
20 may deem proper, and may punish by contempt proceedings any
21 violation of those conditions.
22 (4) All information obtained pursuant to this part in
23 the discharge of official duty by any judge, employee of the
24 court, authorized agent of the department, correctional
25 probation officer, or law enforcement agent shall be
26 confidential and exempt from the provisions of s. 119.07(1)
27 and shall not be disclosed to anyone other than the authorized
28 personnel of the court, the department and its designees,
29 correctional probation officers, law enforcement agents,
30 guardian ad litem, and others entitled under this chapter to
31 receive that information, except upon order of the court.
51
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (5) All orders of the court entered pursuant to this
2 chapter shall be in writing and signed by the judge, except
3 that the clerk or deputy clerk may sign a summons or notice to
4 appear.
5 (6) No court record of proceedings under this chapter
6 shall be admissible in evidence in any other civil or criminal
7 proceeding, except that:
8 (a) Orders permanently terminating the rights of a
9 parent and committing the child to a licensed child-placing
10 agency or the department for adoption shall be admissible in
11 evidence in subsequent adoption proceedings relating to the
12 child.
13 (b) Records of proceedings under this part forming a
14 part of the record on appeal shall be used in the appellate
15 court in the manner hereinafter provided.
16 (c) Records necessary therefor shall be admissible in
17 evidence in any case in which a person is being tried upon a
18 charge of having committed perjury.
19 (d) Records of proceedings under this part may be used
20 to prove disqualification pursuant to s. 435.06 and for proof
21 regarding such disqualification in a chapter 120 proceeding.
22 Section 11. Section 39.414, Florida Statutes, is
23 renumbered as section 39.0133, Florida Statutes.
24 Section 12. Section 39.415, Florida Statutes, is
25 renumbered as section 39.0134, Florida Statutes, and amended
26 to read:
27 39.0134 39.415 Appointed counsel; compensation.--
28 (1) If counsel is entitled to receive compensation for
29 representation pursuant to a court appointment in a dependency
30 proceeding pursuant to this chapter, such compensation shall
31 be established by each county not exceed $1,000 at the trial
52
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 level and $2,500 at the appellate level.
2 (2) If counsel is entitled to receive compensation for
3 representation pursuant to court appointment in a termination
4 of parental rights proceeding, such compensation shall not
5 exceed $1,000 at the trial level and $2,500 at the appellate
6 level.
7 Section 13. Section 39.418, Florida Statutes, is
8 renumbered as section 39.0135, Florida Statutes, and amended
9 to read:
10 39.0135 39.418 Operations and Maintenance Trust
11 Fund.--Effective July 1, 1996, The department of Children and
12 Family Services shall deposit all child support payments made
13 to the department pursuant to this chapter s. 39.41(2) into
14 the Operations and Maintenance Trust Fund. The purpose of
15 this funding is to care for children who are committed to the
16 temporary legal custody of the department pursuant to s.
17 39.41(2)(a)8.
18 Section 14. Part II of chapter 39, Florida Statutes,
19 consisting of sections 39.201, 39.202, 39.203, 39.204, 39.205,
20 and 39.206, Florida Statutes, shall be entitled to read:
21 PART II
22 REPORTING CHILD ABUSE
23 Section 15. Section 415.504, Florida Statutes, is
24 renumbered as section 39.201, Florida Statutes, and amended to
25 read:
26 39.201 415.504 Mandatory reports of child abuse,
27 abandonment, or neglect; mandatory reports of death; central
28 abuse hotline.--
29 (1) Any person, including, but not limited to, any:
30 (a) Physician, osteopathic physician, medical
31 examiner, chiropractor, nurse, or hospital personnel engaged
53
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 in the admission, examination, care, or treatment of persons;
2 (b) Health or mental health professional other than
3 one listed in paragraph (a);
4 (c) Practitioner who relies solely on spiritual means
5 for healing;
6 (d) School teacher or other school official or
7 personnel;
8 (e) Social worker, day care center worker, or other
9 professional child care, foster care, residential, or
10 institutional worker; or
11 (f) Law enforcement officer,
12
13 who knows, or has reasonable cause to suspect, that a child is
14 an abused, abandoned, or neglected child shall report such
15 knowledge or suspicion to the department in the manner
16 prescribed in subsection (2).
17 (2)(a) Each report of known or suspected child abuse,
18 abandonment, or neglect pursuant to this section, except those
19 solely under s. 827.04(3)(4), shall be made immediately to the
20 department's central abuse hotline on the single statewide
21 toll-free telephone number, and, if the report is of an
22 instance of known or suspected child abuse by a noncaretaker,
23 the call shall be immediately electronically transferred to
24 the appropriate county sheriff's office by the central abuse
25 hotline. If the report is of an instance of known or
26 suspected child abuse involving impregnation of a child under
27 16 years of age by a person 21 years of age or older solely
28 under s. 827.04(3)(4), the report shall be made immediately to
29 the appropriate county sheriff's office or other appropriate
30 law enforcement agency. If the report is of an instance of
31 known or suspected child abuse solely under s. 827.04(3)(4),
54
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the reporting provisions of this subsection do not apply to
2 health care professionals or other persons who provide medical
3 or counseling services to pregnant children when such
4 reporting would interfere with the provision of medical
5 services.
6 (b) Reporters in occupation categories designated in
7 subsection (1) are required to provide their names to the
8 hotline staff. The names of reporters shall be entered into
9 the record of the report, but shall be held confidential as
10 provided in s. 39.202 415.51.
11 (c) Reports involving known or suspected institutional
12 child abuse or neglect shall be made and received in the same
13 manner as all other reports made pursuant to this section.
14 (d) Reports involving a known or suspected juvenile
15 sexual offender shall be made and received by the department.
16 1. The department shall determine the age of the
17 alleged juvenile sexual offender if known.
18 2. When the alleged juvenile sexual offender is 12
19 years of age or younger, the department shall proceed with an
20 investigation of the report pursuant to this part III,
21 immediately electronically transfer the call to the
22 appropriate law enforcement agency office by the central abuse
23 hotline, and send a written report of the allegation to the
24 appropriate county sheriff's office within 48 hours after the
25 initial report is made to the central abuse hotline.
26 3. When the alleged juvenile sexual offender is 13
27 years of age or older, the department shall immediately
28 electronically transfer the call to the appropriate county
29 sheriff's office by the central abuse hotline, and send a
30 written report to the appropriate county sheriff's office
31 within 48 hours after the initial report to the central abuse
55
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 hotline.
2 (e) Hotline counselors shall receive periodic training
3 in encouraging reporters to provide their names when reporting
4 abuse, abandonment, or neglect. Callers shall be advised of
5 the confidentiality provisions of s. 39.202 415.51. The
6 department shall secure and install electronic equipment that
7 automatically provides to the hotline the number from which
8 the call is placed. This number shall be entered into the
9 report of abuse, abandonment, or neglect and become a part of
10 the record of the report, but shall enjoy the same
11 confidentiality as provided to the identity of the caller
12 pursuant to s. 39.202 415.51.
13 (3) Any person required to report or investigate cases
14 of suspected child abuse, abandonment, or neglect who has
15 reasonable cause to suspect that a child died as a result of
16 child abuse, abandonment, or neglect shall report his or her
17 suspicion to the appropriate medical examiner. The medical
18 examiner shall accept the report for investigation pursuant to
19 s. 406.11 and shall report his or her findings, in writing, to
20 the local law enforcement agency, the appropriate state
21 attorney, and the department. Autopsy reports maintained by
22 the medical examiner are not subject to the confidentiality
23 requirements provided for in s. 39.202 415.51.
24 (4)(a) The department shall establish and maintain a
25 central abuse hotline to receive all reports made pursuant to
26 this section in writing or through a single statewide
27 toll-free telephone number, which any person may use to report
28 known or suspected child abuse, abandonment, or neglect at any
29 hour of the day or night, any day of the week. The central
30 abuse hotline shall be operated in such a manner as to enable
31 the department to:
56
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (a)1. Immediately identify and locate prior reports or
2 cases of child abuse, abandonment, or neglect through
3 utilization of the department's automated tracking system.
4 (b)2. Monitor and evaluate the effectiveness of the
5 department's program for reporting and investigating suspected
6 abuse, abandonment, or neglect of children through the
7 development and analysis of statistical and other information.
8 (c)3. Track critical steps in the investigative
9 process to ensure compliance with all requirements for any
10 report of abuse, abandonment, or neglect.
11 (d)4. Maintain and produce aggregate statistical
12 reports monitoring patterns of both child abuse, child
13 abandonment, and child neglect. The department shall collect
14 and analyze child-on-child sexual abuse reports and include
15 the information in aggregate statistical reports.
16 (e)5. Serve as a resource for the evaluation,
17 management, and planning of preventive and remedial services
18 for children who have been subject to abuse, abandonment, or
19 neglect.
20 (f)6. Initiate and enter into agreements with other
21 states for the purpose of gathering and sharing information
22 contained in reports on child maltreatment to further enhance
23 programs for the protection of children.
24 (b) Upon receiving an oral or written report of known
25 or suspected child abuse or neglect, the central abuse hotline
26 shall determine if the report requires an immediate onsite
27 protective investigation. For reports requiring an immediate
28 onsite protective investigation, the central abuse hotline
29 shall immediately notify the department's designated children
30 and families district staff responsible for protective
31 investigations to ensure that an onsite investigation is
57
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 promptly initiated. For reports not requiring an immediate
2 onsite protective investigation, the central abuse hotline
3 shall notify the department's designated children and families
4 district staff responsible for protective investigations in
5 sufficient time to allow for an investigation, or if the
6 district determines appropriate, a family services response
7 system approach to be commenced within 24 hours. When a
8 district decides to respond to a report of child abuse or
9 neglect with a family services response system approach, the
10 provisions of part III apply. If, in the course of assessing
11 risk and services or at any other appropriate time,
12 responsible district staff determines that the risk to the
13 child requires a child protective investigation, then the
14 department shall suspend its family services response system
15 activities and shall proceed with an investigation as
16 delineated in this part. At the time of notification of
17 district staff with respect to the report, the central abuse
18 hotline shall also provide information on any previous report
19 concerning a subject of the present report or any pertinent
20 information relative to the present report or any noted
21 earlier reports.
22 (c) Upon commencing an investigation under this part,
23 the child protective investigator shall inform any subject of
24 the investigation of the following:
25 1. The names of the investigators and identifying
26 credentials from the department.
27 2. The purpose of the investigation.
28 3. The right to obtain his or her own attorney and
29 ways that the information provided by the subject may be used.
30 (d) The department shall make and keep records of all
31 cases brought before it pursuant to this part and shall
58
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 preserve the records pertaining to a child and family until 7
2 years after the last entry was made or until the child is 18
3 years of age. The department shall then destroy the records,
4 except where the child has been placed under the protective
5 supervision of the department, the court has made a finding of
6 dependency, or a criminal conviction has resulted from the
7 facts associated with the report and there is a likelihood
8 that future services of the department may be required.
9 (5) The department shall be capable of receiving and
10 investigating reports of known or suspected child abuse,
11 abandonment, or neglect 24 hours a day, 7 days a week. If it
12 appears that the immediate safety or well-being of a child is
13 endangered, that the family may flee or the child will be
14 unavailable for purposes of conducting a child protective
15 investigation, or that the facts otherwise so warrant, the
16 department shall commence an investigation immediately,
17 regardless of the time of day or night. In all other child
18 abuse, abandonment, or neglect cases, a child protective
19 investigation shall be commenced within 24 hours after receipt
20 of the report. In an institutional investigation, the alleged
21 perpetrator may be represented by an attorney, at his or her
22 own expense, or accompanied by another person, if the person
23 or the attorney executes an affidavit of understanding with
24 the department and agrees to comply with the confidentiality
25 provisions of s. 39.202. The absence of an attorney or other
26 person does not prevent the department from proceeding with
27 other aspects of the investigation, including interviews with
28 other persons. In institutional child abuse cases when the
29 institution is not operating and the child cannot otherwise be
30 located, the investigation shall commence immediately upon the
31 resumption of operation. If requested by a state attorney or
59
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 local law enforcement agency, the department shall furnish all
2 investigative reports to that agency.
3 (6)(e) Information in the central abuse hotline may
4 not be used for employment screening except as provided in s.
5 39.202(2)(a) and (h). Information in the central abuse hotline
6 and the department's automated abuse information system may be
7 used by the department, its authorized agents or contract
8 providers, the Department of Health, or county agencies as
9 part of the licensure or registration process pursuant to ss.
10 402.301-402.319 and ss. 409.175-409.176. Access to the
11 information shall only be granted as set forth in s. 415.51.
12 (7)(5) This section does not require a professional
13 who is hired by or enters into a contract with the department
14 for the purpose of treating or counseling any person, as a
15 result of a report of child abuse, abandonment, or neglect, to
16 again report to the central abuse hotline the abuse,
17 abandonment, or neglect that was the subject of the referral
18 for treatment.
19 Section 16. Section 415.511, Florida Statutes, is
20 renumbered as section 39.203, Florida Statutes, and amended to
21 read:
22 39.203 415.511 Immunity from liability in cases of
23 child abuse, abandonment, or neglect.--
24 (1)(a) Any person, official, or institution
25 participating in good faith in any act authorized or required
26 by this chapter ss. 415.502-415.514, or reporting in good
27 faith any instance of child abuse, abandonment, or neglect to
28 any law enforcement agency, shall be immune from any civil or
29 criminal liability which might otherwise result by reason of
30 such action.
31 (b) Except as provided in this chapter s.
60
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 415.503(10)(f), nothing contained in this section shall be
2 deemed to grant immunity, civil or criminal, to any person
3 suspected of having abused, abandoned, or neglected a child,
4 or committed any illegal act upon or against a child.
5 (2)(a) No resident or employee of a facility serving
6 children may be subjected to reprisal or discharge because of
7 his or her actions in reporting abuse, abandonment, or neglect
8 pursuant to the requirements of this section.
9 (b) Any person making a report under this section
10 shall have a civil cause of action for appropriate
11 compensatory and punitive damages against any person who
12 causes detrimental changes in the employment status of such
13 reporting party by reason of his or her making such report.
14 Any detrimental change made in the residency or employment
15 status of such person, including, but not limited to,
16 discharge, termination, demotion, transfer, or reduction in
17 pay or benefits or work privileges, or negative evaluations
18 within a prescribed period of time shall establish a
19 rebuttable presumption that such action was retaliatory.
20 Section 17. Section 415.512, Florida Statutes, is
21 renumbered as section 39.204, Florida Statutes, and amended to
22 read:
23 39.204 415.512 Abrogation of privileged communications
24 in cases involving child abuse, abandonment, or neglect.--The
25 privileged quality of communication between husband and wife
26 and between any professional person and his or her patient or
27 client, and any other privileged communication except that
28 between attorney and client or the privilege provided in s.
29 90.505, as such communication relates both to the competency
30 of the witness and to the exclusion of confidential
31 communications, shall not apply to any communication involving
61
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the perpetrator or alleged perpetrator in any situation
2 involving known or suspected child abuse, abandonment, or
3 neglect and shall not constitute grounds for failure to report
4 as required by s. 39.201 415.504 regardless of the source of
5 the information requiring the report, failure to cooperate
6 with the department in its activities pursuant to this chapter
7 ss. 415.502-415.514, or failure to give evidence in any
8 judicial proceeding relating to child abuse, abandonment, or
9 neglect.
10 Section 18. Section 415.513, Florida Statutes, is
11 renumbered as section 39.205, Florida Statutes, and amended to
12 read:
13 39.205 415.513 Penalties relating to abuse reporting
14 of child abuse, abandonment, or neglect.--
15 (1) A person who is required by s. 415.504 to report
16 known or suspected child abuse, abandonment, or neglect and
17 who knowingly and willfully fails to do so, or who knowingly
18 and willfully prevents another person from doing so, is guilty
19 of a misdemeanor of the second degree, punishable as provided
20 in s. 775.082 or s. 775.083.
21 (2) A person who knowingly and willfully makes public
22 or discloses any confidential information contained in the
23 central abuse hotline registry and tracking system or in the
24 records of any child abuse, abandonment, or neglect case,
25 except as provided in this chapter ss. 415.502-415.514, is
26 guilty of a misdemeanor of the second degree, punishable as
27 provided in s. 775.082 or s. 775.083.
28 (3) The department shall establish procedures for
29 determining whether a false report of child abuse,
30 abandonment, or neglect has been made and for submitting all
31 identifying information relating to such a report to the
62
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 appropriate law enforcement agency and the state attorney for
2 prosecution.
3 (4) A person who knowingly and willfully makes a false
4 report of child abuse, abandonment, or neglect, or who advises
5 another to make a false report, is guilty of a misdemeanor of
6 the second degree, punishable as provided in s. 775.082 or s.
7 775.083. Anyone making a report who is acting in good faith is
8 immune from any liability under this subsection.
9 (5) Each state attorney shall establish procedures to
10 facilitate the prosecution of persons under this section.
11 Section 19. Section 415.5131, Florida Statutes, is
12 renumbered as section 39.206, Florida Statutes, and amended to
13 read:
14 39.206 415.5131 Administrative fines for false report
15 of abuse, abandonment, or neglect of a child.--
16 (1) In addition to any other penalty authorized by
17 this section, chapter 120, or other law, the department may
18 impose a fine, not to exceed $10,000 $1,000 for each
19 violation, upon a person who knowingly and willfully makes a
20 false report of abuse, abandonment, or neglect of a child, or
21 a person who counsels another to make a false report.
22 (2) If the department alleges that a person has filed
23 a false report with the central abuse hotline registry and
24 tracking system, the department must file a Notice of Intent
25 which alleges the name, age, and address of the individual,
26 the facts constituting the allegation that the individual made
27 a false report, and the administrative fine the department
28 proposes to impose on the person. Each time that a false
29 report is made constitutes a separate violation.
30 (3) The Notice of Intent to impose the administrative
31 fine must be served upon the person alleged to have filed the
63
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 false report and the person's legal counsel, if any. Such
2 Notice of Intent must be given by certified mail, return
3 receipt requested.
4 (4) Any person alleged to have filed the false report
5 is entitled to an administrative hearing, pursuant to chapter
6 120, before the imposition of the fine becomes final. The
7 person must request an administrative hearing within 60 days
8 after receipt of the Notice of Intent by filing a request with
9 the department. Failure to request an administrative hearing
10 within 60 days after receipt of the Notice of Intent
11 constitutes a waiver of the right to a hearing, making the
12 administrative fine final.
13 (5) At the hearing, the department must prove by clear
14 and convincing evidence that the person filed a false report
15 with the central abuse hotline registry and tracking system.
16 The court shall advise any person against whom a fine may be
17 imposed of that person's right to be represented by counsel at
18 the hearing.
19 (6) In determining the amount of fine to be imposed,
20 if any, the following factors shall be considered:
21 (a) The gravity of the violation, including the
22 probability that serious physical or emotional harm to any
23 person will result or has resulted, the severity of the actual
24 or potential harm, and the nature of the false allegation.
25 (b) Actions taken by the false reporter to retract the
26 false report as an element of mitigation, or, in contrast, to
27 encourage an investigation on the basis of false information.
28 (c) Any previous false reports filed by the same
29 individual.
30 (7) A decision by the department, following the
31 administrative hearing, to impose an administrative fine for
64
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 filing a false report constitutes final agency action within
2 the meaning of chapter 120. Notice of the imposition of the
3 administrative fine must be served upon the person and the
4 person's legal counsel, by certified mail, return receipt
5 requested, and must state that the person may seek judicial
6 review of the administrative fine pursuant to s. 120.68.
7 (8) All amounts collected under this section shall be
8 deposited into an appropriate trust fund of the department.
9 (9) A person who is determined to have filed a false
10 report of abuse, abandonment, or neglect is not entitled to
11 confidentiality. Subsequent to the conclusion of all
12 administrative or other judicial proceedings concerning the
13 filing of a false report, the name of the false reporter and
14 the nature of the false report shall be made public, pursuant
15 to s. 119.01(1). Such information shall be admissible in any
16 civil or criminal proceeding.
17 (10) Any person making a report who is acting in good
18 faith is immune from any liability under this section and
19 shall continue to be entitled to have the confidentiality of
20 their identity maintained.
21 Section 20. Part III of chapter 39, Florida Statutes,
22 consisting of sections 39.301, 39.302, 39.303, 39.3035,
23 39.304, 39.305, 39.306, and 39.307, Florida Statutes, shall be
24 entitled to read:
25 PART III
26 PROTECTIVE INVESTIGATIONS
27 Section 21. Section 39.301, Florida Statutes, is
28 created to read:
29 39.301 Initiation of protective investigations.--
30 (1) Upon receiving an oral or written report of known
31 or suspected child abuse, abandonment, or neglect, the central
65
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 abuse hotline shall determine if the report requires an
2 immediate onsite protective investigation. For reports
3 requiring an immediate onsite protective investigation, the
4 central abuse hotline shall immediately notify the
5 department's designated children and families district staff
6 responsible for protective investigations to ensure that an
7 onsite investigation is promptly initiated. For reports not
8 requiring an immediate onsite protective investigation, the
9 central abuse hotline shall notify the department's designated
10 children and families district staff responsible for
11 protective investigations in sufficient time to allow for an
12 investigation. At the time of notification of district staff
13 with respect to the report, the central abuse hotline shall
14 also provide information on any previous report concerning a
15 subject of the present report or any pertinent information
16 relative to the present report or any noted earlier reports.
17 (2)(a) Upon commencing an investigation under this
18 part, the child protective investigator shall inform any
19 subject of 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 4. The possible outcomes and services of the
26 department's response shall be explained to the caregiver.
27 5. The right of the parent, legal custodian, or
28 caregiver to be involved to the fullest extent possible in
29 determining the nature of the allegation and the nature of any
30 identified problem.
31 (b) The department's training program shall ensure
66
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 that protective investigators know how to fully inform
2 parents, guardians, and caregivers of their rights and
3 options, including opportunities for audio or video recording
4 of investigators' interviews with parents, guardians,
5 caretakers, or children.
6 (3) An assessment of risk and the perceived needs of
7 the child and family shall be conducted in a manner that is
8 sensitive to the social, economic, and cultural environment of
9 the family.
10 (4) Protective investigations shall be performed by
11 the department or its agent.
12 (5) The person responsible for the investigation shall
13 make a preliminary determination as to whether the report or
14 complaint is complete, consulting with the attorney for the
15 department when necessary. In any case in which the person
16 responsible for the investigation finds that the report or
17 complaint is incomplete, he or she shall return it without
18 delay to the person or agency originating the report or
19 complaint or having knowledge of the facts, or to the
20 appropriate law enforcement agency having investigative
21 jurisdiction, and request additional information in order to
22 complete the report or complaint; however, the confidentiality
23 of any report filed in accordance with this chapter shall not
24 be violated.
25 (a) If it is determined that the report or complaint
26 is complete, after determining that such action would be in
27 the best interests of the child, the attorney for the
28 department shall file a petition for dependency.
29 (b) If it is determined that the report or complaint
30 is complete, but the interests of the child and the public
31 will be best served by providing the child care or other
67
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 treatment voluntarily accepted by the child and the parents,
2 caregivers, or legal custodians, the protective investigator
3 may refer the child for such care or other treatment.
4 (c) If the person conducting the investigation refuses
5 to request that the attorney for the department file a
6 petition for dependency, the complainant shall be advised of
7 the right to file a petition pursuant to this part.
8 (6) For each report it receives, the department shall
9 perform an onsite child protective investigation to:
10 (a) Determine the composition of the family or
11 household, including the name, address, date of birth, social
12 security number, sex, and race of each child named in the
13 report; any siblings or other children in the same household
14 or in the care of the same adults; the parents, legal
15 custodians, or caregivers; and any other adults in the same
16 household.
17 (b) Determine whether there is indication that any
18 child in the family or household has been abused, abandoned,
19 or neglected; the nature and extent of present or prior
20 injuries, abuse, or neglect, and any evidence thereof; and a
21 determination as to the person or persons apparently
22 responsible for the abuse, abandonment, or neglect, including
23 the name, address, date of birth, social security number, sex,
24 and race of each such person.
25 (c) Determine the immediate and long-term risk to each
26 child by conducting state and federal records checks on the
27 parents, legal custodians, or caregivers, and any other
28 persons in the same household. This information shall be used
29 solely for purposes supporting the detection, apprehension,
30 prosecution, pretrial release, post-trial release, or
31 rehabilitation of criminal offenders or persons accused of the
68
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 crimes of child abuse, abandonment, or neglect and shall not
2 be further disseminated or used for any other purpose. The
3 department's child protection investigators are hereby
4 designated a criminal justice agency for the purpose of
5 accessing criminal justice information to be used for
6 enforcing this state's laws concerning the crimes of child
7 abuse, abandonment, and neglect.
8 (d) Determine the immediate and long-term risk to each
9 child through utilization of standardized risk-assessment
10 instruments.
11 (e) Based on the information obtained from the
12 caregiver, complete the risk-assessment instrument within 48
13 hours after the initial contact and, if needed, develop a case
14 plan.
15 (f) Determine the protective, treatment, and
16 ameliorative services necessary to safeguard and ensure the
17 child's safety and well-being and development, and cause the
18 delivery of those services through the early intervention of
19 the department or its agent.
20 (7) If the department or its agent is denied
21 reasonable access to a child by the parents, legal custodians,
22 or caregivers and the department deems that the best interests
23 of the child so require, it shall seek an appropriate court
24 order or other legal authority prior to examining and
25 interviewing the child. The department must show cause to the
26 court that it is necessary to examine and interview the child.
27 If the department interviews a child, the interview must be
28 audio recorded or videotaped, unless the court orders
29 otherwise for good cause. The court shall consider the best
30 interests and safety of the child in making such a
31 determination. If the department interviews a child, the
69
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 interview must be audio recorded or videotaped.
2 (8) If the department or its agent determines that a
3 child requires immediate or long-term protection through:
4 (a) Medical or other health care;
5 (b) Homemaker care, day care, protective supervision,
6 or other services to stabilize the home environment, including
7 intensive family preservation services through the Family
8 Builders Program, the Intensive Crisis Counseling Program, or
9 both; or
10 (c) Foster care, shelter care, or other substitute
11 care to remove the child from the custody of the parents,
12 legal guardians, or caregivers,
13
14 such services shall first be offered for voluntary acceptance
15 unless there are high-risk factors that may impact the ability
16 of the parents, legal guardians, or caregivers to exercise
17 judgment. Such factors may include the parents', legal
18 guardians', or caregivers' young age or history of substance
19 abuse or domestic violence. The parents, legal custodians, or
20 caregivers shall be informed of the right to refuse services,
21 as well as the responsibility of the department to protect the
22 child regardless of the acceptance or refusal of services. If
23 the services are refused and the department deems that the
24 child's need for protection so requires, the department shall
25 take the child into protective custody or petition the court
26 as provided in this chapter.
27 (9) When a child is taken into custody pursuant to
28 this section, the authorized agent of the department shall
29 request that the child's parent, caregiver, or legal custodian
30 disclose the names, relationships, and addresses of all
31 parents and prospective parents and all next of kin, so far as
70
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 are known.
2 (10) No later than 30 days after receiving the initial
3 report, the local office of the department shall complete its
4 investigation.
5 (11) Immediately upon receipt of a report alleging, or
6 immediately upon learning during the course of an
7 investigation, that:
8 (a) The immediate safety or well-being of a child is
9 endangered;
10 (b) The family is likely to flee;
11 (c) A child has died as a result of abuse,
12 abandonment, or neglect;
13 (d) A child is a victim of aggravated child abuse as
14 defined in s. 827.03; or
15 (e) A child is a victim of sexual battery or of sexual
16 abuse,
17
18 the department shall orally notify the jurisdictionally
19 responsible state attorney and county sheriff's office or
20 local police department and, as soon as practicable, transmit
21 the report to those agencies. The law enforcement agency
22 shall review the report and determine whether a criminal
23 investigation needs to be conducted and shall assume lead
24 responsibility for all criminal fact-finding activities. A
25 criminal investigation shall be coordinated, whenever
26 possible, with the child protective investigation of the
27 department. Any interested person who has information
28 regarding an offense described in this subsection may forward
29 a statement to the state attorney as to whether prosecution is
30 warranted and appropriate.
31 (12) In a child protective investigation or a criminal
71
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 investigation, when the initial interview with the child is
2 conducted at school, the department or the law enforcement
3 agency may allow, notwithstanding the provisions of s.
4 39.0132(4), a school instructional staff member who is known
5 by the child to be present during the initial interview if:
6 (a) The department or law enforcement agency believes
7 that the school instructional staff member could enhance the
8 success of the interview by his or her presence; and
9 (b) The child requests or consents to the presence of
10 the school instructional staff member at the interview.
11
12 School instructional staff may be present only when authorized
13 by this subsection. Information received during the interview
14 or from any other source regarding the alleged abuse or
15 neglect of the child shall be confidential and exempt from the
16 provisions of s. 119.07(1), except as otherwise provided by
17 court order. A separate record of the investigation of the
18 abuse, abandonment, or neglect shall not be maintained by the
19 school or school instructional staff member. Violation of this
20 subsection constitutes a misdemeanor of the second degree,
21 punishable as provided in s. 775.082 or s. 775.083.
22 (13) Within 15 days after the completion of the
23 investigation of cases reported to him or her pursuant to this
24 section, the state attorney shall report his or her findings
25 to the department and shall include in such report a
26 determination of whether or not prosecution is justified and
27 appropriate in view of the circumstances of the specific case.
28 Section 22. Section 39.302, Florida Statutes, is
29 created to read:
30 39.302 Protective investigations of institutional
31 child abuse, abandonment, or neglect.--
72
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (1) The department shall conduct a child protective
2 investigation of each report of institutional child abuse,
3 abandonment, or neglect. Upon receipt of a report that
4 alleges that an employee or agent of the department, or any
5 other entity or person covered by s. 39.01(32) or (47), acting
6 in an official capacity, has committed an act of child abuse,
7 abandonment, or neglect, the department shall immediately
8 initiate a child protective investigation and orally notify
9 the appropriate state attorney, law enforcement agency, and
10 licensing agency. These agencies shall immediately conduct a
11 joint investigation, unless independent investigations are
12 more feasible. When a facility is exempt from licensing, the
13 department shall inform the owner or operator of the facility
14 of the report. Each agency conducting a joint investigation
15 shall be entitled to full access to the information gathered
16 by the department in the course of the investigation. In all
17 cases, the department shall make a full written report to the
18 state attorney within 3 days after making the oral report. A
19 criminal investigation shall be coordinated, whenever
20 possible, with the child protective investigation of the
21 department. Any interested person who has information
22 regarding the offenses described in this subsection may
23 forward a statement to the state attorney as to whether
24 prosecution is warranted and appropriate. Within 15 days after
25 the completion of the investigation, the state attorney shall
26 report the findings to the department and shall include in
27 such report a determination of whether or not prosecution is
28 justified and appropriate in view of the circumstances of the
29 specific case.
30 (2)(a) If in the course of the child protective
31 investigation, the department finds that a subject of a
73
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 report, by continued contact with children in care,
2 constitutes a threatened harm to the physical health, mental
3 health, or welfare of the children, the department may
4 restrict the subject's access to the children pending the
5 outcome of the investigation. The department or its agent
6 shall employ the least restrictive means necessary to
7 safeguard the physical health, mental health, and welfare of
8 the children in care. This authority shall apply only to
9 child protective investigations in which there is some
10 evidence that child abuse, abandonment, or neglect has
11 occurred. A subject of a report whose access to children in
12 care has been restricted is entitled to petition the circuit
13 court for judicial review. The court shall enter written
14 findings of fact based upon the preponderance of evidence that
15 child abuse, abandonment, or neglect did occur and that the
16 department's restrictive action against a subject of the
17 report was justified in order to safeguard the physical
18 health, mental health, and welfare of the children in care.
19 The restrictive action of the department shall be effective
20 for no more than 90 days without a judicial finding supporting
21 the actions of the department.
22 (b) Upon completion of the department's child
23 protective investigation, the department may make application
24 to the circuit court for continued restrictive action against
25 any person necessary to safeguard the physical health, mental
26 health, and welfare of the children in care.
27 (3) Pursuant to the restrictive actions described in
28 subsection (2), in cases of institutional abuse, abandonment,
29 or neglect in which the removal of a subject of a report will
30 result in the closure of the facility, and when requested by
31 the owner of the facility, the department may provide
74
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 appropriate personnel to assist in maintaining the operation
2 of the facility. The department may provide assistance when
3 it can be demonstrated by the owner that there are no
4 reasonable alternatives to such action. The length of the
5 assistance shall be agreed upon by the owner and the
6 department; however, the assistance shall not be for longer
7 than the course of the restrictive action imposed pursuant to
8 subsection (2). The owner shall reimburse the department for
9 the assistance of personnel provided.
10 (4) The department shall notify the human rights
11 advocacy committee in the appropriate district of the
12 department as to every report of institutional child abuse,
13 abandonment, or neglect in the district in which a client of
14 the department is alleged or shown to have been abused,
15 abandoned, or neglected, which notification shall be made
16 within 48 hours after the department commences its
17 investigation.
18 (5) The department shall notify the state attorney and
19 the appropriate law enforcement agency of any other child
20 abuse, abandonment, or neglect case in which a criminal
21 investigation is deemed appropriate by the department.
22 (6) In cases of institutional child abuse,
23 abandonment, or neglect in which the multiplicity of reports
24 of abuse, abandonment, or neglect or the severity of the
25 allegations indicates the need for specialized investigation
26 by the department in order to afford greater safeguards for
27 the physical health, mental health, and welfare of the
28 children in care, the department shall provide a team of
29 persons specially trained in the areas of child abuse,
30 abandonment, and neglect investigations, diagnosis, and
31 treatment to assist the local office of the department in
75
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 expediting its investigation and in making recommendations for
2 restrictive actions and to assist in other ways deemed
3 necessary by the department in order to carry out the
4 provisions of this section. The specially trained team shall
5 also provide assistance to any investigation of the
6 allegations by local law enforcement and the Department of Law
7 Enforcement.
8 Section 23. Section 415.5055, Florida Statutes, is
9 renumbered as section 39.303, Florida Statutes, and amended to
10 read:
11 39.303 415.5055 Child protection teams; services;
12 eligible cases.--The department shall develop, maintain, and
13 coordinate the services of one or more multidisciplinary child
14 protection teams in each of the service districts of the
15 department. Such teams may be composed of representatives of
16 appropriate health, mental health, social service, legal
17 service, and law enforcement agencies. The Legislature finds
18 that optimal coordination of child protection teams and sexual
19 abuse treatment programs requires collaboration between the
20 Department of Health and the Department of Children and Family
21 Services. The two departments shall maintain an interagency
22 agreement that establishes protocols for oversight and
23 operations of child protection teams and sexual abuse
24 treatment programs. The Secretary of Health and the Director
25 of the Division of Children's Medical Services, in
26 consultation with the Secretary of Children and Family
27 Services, shall maintain the responsibility for the screening,
28 employment, and, if necessary, the termination of child
29 protection team medical directors, at headquarters and in the
30 15 districts. Child protection team medical directors shall be
31 responsible for oversight of the teams in the districts.
76
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (1) The department shall utilize and convene the teams
2 to supplement the assessment and protective supervision
3 activities of the children, youth, and families program of the
4 department. Nothing in this section shall be construed to
5 remove or reduce the duty and responsibility of any person to
6 report pursuant to this chapter s. 415.504 all suspected or
7 actual cases of child abuse, abandonment, or neglect or sexual
8 abuse of a child. The role of the teams shall be to support
9 activities of the program and to provide services deemed by
10 the teams to be necessary and appropriate to abused,
11 abandoned, and neglected children upon referral. The
12 specialized diagnostic assessment, evaluation, coordination,
13 consultation, and other supportive services that a child
14 protection team shall be capable of providing include, but are
15 not limited to, the following:
16 (a) Medical diagnosis and evaluation services,
17 including provision or interpretation of X rays and laboratory
18 tests, and related services, as needed, and documentation of
19 findings relative thereto.
20 (b) Telephone consultation services in emergencies and
21 in other situations.
22 (c) Medical evaluation related to abuse, abandonment,
23 or neglect, as defined by department policy or rule.
24 (d) Such psychological and psychiatric diagnosis and
25 evaluation services for the child or the child's parent or
26 parents, legal custodian or custodians guardian or guardians,
27 or other caregivers, or any other individual involved in a
28 child abuse, abandonment, or neglect case, as the team may
29 determine to be needed.
30 (e) Short-term psychological treatment. It is the
31 intent of the Legislature that short-term psychological
77
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 treatment be limited to no more than 6 months' duration after
2 treatment is initiated, except that the appropriate district
3 administrator may authorize such treatment for individual
4 children beyond this limitation if the administrator deems it
5 appropriate.
6 (f) Expert medical, psychological, and related
7 professional testimony in court cases.
8 (g) Case staffings to develop, implement, and monitor
9 treatment plans for children whose cases have been referred to
10 the team. A child protection team may provide consultation
11 with respect to a child who has not been referred to the team,
12 but who is alleged or is shown to be abused, abandoned, or
13 neglected, which consultation shall be provided at the request
14 of a representative of the children, youth, and families
15 program or at the request of any other professional involved
16 with a child or the child's parent or parents, legal custodian
17 or custodians guardian or guardians, or other caregivers. In
18 every such child protection team case staffing, consultation,
19 or staff activity involving a child, a children, youth, and
20 families program representative shall attend and participate.
21 (h) Case service coordination and assistance,
22 including the location of services available from other public
23 and private agencies in the community.
24 (i) Such training services for program and other
25 department employees as is deemed appropriate to enable them
26 to develop and maintain their professional skills and
27 abilities in handling child abuse, abandonment, and neglect
28 cases.
29 (j) Educational and community awareness campaigns on
30 child abuse, abandonment, and neglect in an effort to enable
31 citizens more successfully to prevent, identify, and treat
78
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 child abuse, abandonment, and neglect in the community.
2 (2) The child abuse, abandonment, and neglect cases
3 that are appropriate for referral by the children, youth, and
4 families program to child protection teams for support
5 services as set forth in subsection (1) include, but are not
6 limited to, cases involving:
7 (a) Bruises, burns, or fractures in a child under the
8 age of 3 years or in a nonambulatory child of any age.
9 (b) Unexplained or implausibly explained bruises,
10 burns, fractures, or other injuries in a child of any age.
11 (c) Sexual abuse of a child in which vaginal or anal
12 penetration is alleged or in which other unlawful sexual
13 conduct has been determined to have occurred.
14 (d) Venereal disease, or any other sexually
15 transmitted disease, in a prepubescent child.
16 (e) Reported malnutrition of a child and failure of a
17 child to thrive.
18 (f) Reported medical, physical, or emotional neglect
19 of a child.
20 (g) Any family in which one or more children have been
21 pronounced dead on arrival at a hospital or other health care
22 facility, or have been injured and later died, as a result of
23 suspected abuse, abandonment, or neglect, when any sibling or
24 other child remains in the home.
25 (h) Symptoms of serious emotional problems in a child
26 when emotional or other abuse, abandonment, or neglect is
27 suspected.
28 (3) All records and reports of the child protection
29 team are confidential and exempt from the provisions of ss.
30 119.07(1) and 455.241, and shall not be disclosed, except,
31 upon request, to the state attorney, law enforcement, the
79
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 department, and necessary professionals, in furtherance of the
2 treatment or additional evaluative needs of the child or by
3 order of the court.
4 (3) In all instances in which a child protection team
5 is providing certain services to abused, abandoned, or
6 neglected children, other offices and units of the department
7 shall avoid duplicating the provision of those services.
8 Section 24. Section 39.3035, Florida Statutes, is
9 created to read:
10 39.3035 Child advocacy centers; standards; state
11 funding.--
12 (1) In order to become eligible for a full membership
13 in the Florida Network of Children's Advocacy Centers, Inc., a
14 child advocacy center in this state shall:
15 (a) Be a private, nonprofit incorporated agency or a
16 governmental entity.
17 (b) Be a child protection team with established
18 community protocols that meet all of the requirements of the
19 National Network of Children's Advocacy Centers, Inc.
20 (c) Have a neutral, child-focused facility where joint
21 department and law enforcement interviews take place with
22 children in appropriate cases of suspected child sexual abuse
23 or physical abuse. All multidisciplinary agencies shall have
24 a place to interact with the child as investigative or
25 treatment needs require.
26 (d) Have a minimum designated staff that is supervised
27 and approved by the local board of directors or governmental
28 entity.
29 (e) Have a multidisciplinary case review team that
30 meets on a regularly scheduled basis or as the caseload of the
31 community requires. The team shall consist of representatives
80
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 from the Office of the State Attorney, the department, the
2 child protection team, mental health services, law
3 enforcement, and the child advocacy center staff. Medical
4 personnel and a victim's advocate may be part of the team.
5 (f) Provide case tracking of child abuse cases seen
6 through the center. A center shall also collect data on the
7 number of child abuse cases seen at the center, by sex, race,
8 age, and other relevant data; the number of cases referred for
9 prosecution; and the number of cases referred for mental
10 health therapy. Case records shall be subject to the
11 confidentiality provisions of s. 39.202.
12 (g) Provide referrals for medical exams and mental
13 health therapy. The center shall provide followup on cases
14 referred for mental health therapy.
15 (h) Provide training for various disciplines in the
16 community that deal with child abuse.
17 (i) Have an interagency commitment, in writing,
18 covering those aspects of agency participation in a
19 multidisciplinary approach to the handling of child sexual
20 abuse and serious physical abuse cases.
21 (2) Provide assurance that child advocacy center
22 employees and volunteers at the center are trained and
23 screened in accordance with s. 39.001(2).
24 (3) Any child advocacy center within this state that
25 meets the standards of subsection (1) and is certified by the
26 Florida Network of Children's Advocacy Centers, Inc., as being
27 a full member in the organization shall be eligible to receive
28 state funds that are appropriated by the Legislature.
29 Section 25. Section 415.507, Florida Statutes, is
30 renumbered as section 39.304, Florida Statutes, and amended to
31 read:
81
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 39.304 415.507 Photographs, medical examinations, X
2 rays, and medical treatment of abused, abandoned, or neglected
3 child.--
4 (1) Any person required to investigate cases of
5 suspected child abuse, abandonment, or neglect may take or
6 cause to be taken photographs of the areas of trauma visible
7 on a child who is the subject of a report. If the areas of
8 trauma visible on a child indicate a need for a medical
9 examination, or if the child verbally complains or otherwise
10 exhibits distress as a result of injury through suspected
11 child abuse, abandonment, or neglect, or is alleged to have
12 been sexually abused, the person required to investigate may
13 cause the child to be referred for diagnosis to a licensed
14 physician or an emergency department in a hospital without the
15 consent of the child's parents, caregiver legal guardian, or
16 legal custodian. Such examination may be performed by an
17 advanced registered nurse practitioner licensed pursuant to
18 chapter 464. Any licensed physician, or advanced registered
19 nurse practitioner licensed pursuant to chapter 464, who has
20 reasonable cause to suspect that an injury was the result of
21 child abuse, abandonment, or neglect may authorize a
22 radiological examination to be performed on the child without
23 the consent of the child's parent, caregiver legal guardian,
24 or legal custodian.
25 (2) Consent for any medical treatment shall be
26 obtained in the following manner.
27 (a)1. Consent to medical treatment shall be obtained
28 from a parent or legal custodian guardian of the child; or
29 2. A court order for such treatment shall be obtained.
30 (b) If a parent or legal custodian guardian of the
31 child is unavailable and his or her whereabouts cannot be
82
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 reasonably ascertained, and it is after normal working hours
2 so that a court order cannot reasonably be obtained, an
3 authorized agent of the department shall have the authority to
4 consent to necessary medical treatment for the child. The
5 authority of the department to consent to medical treatment in
6 this circumstance shall be limited to the time reasonably
7 necessary to obtain court authorization.
8 (c) If a parent or legal custodian guardian of the
9 child is available but refuses to consent to the necessary
10 treatment, a court order shall be required unless the
11 situation meets the definition of an emergency in s. 743.064
12 or the treatment needed is related to suspected abuse,
13 abandonment, or neglect of the child by a parent or legal
14 custodian guardian. In such case, the department shall have
15 the authority to consent to necessary medical treatment. This
16 authority is limited to the time reasonably necessary to
17 obtain court authorization.
18
19 In no case shall the department consent to sterilization,
20 abortion, or termination of life support.
21 (3) Any facility licensed under chapter 395 shall
22 provide to the department, its agent, or a child protection
23 team that contracts with the department any photograph or
24 report on examinations made or X rays taken pursuant to this
25 section, or copies thereof, for the purpose of investigation
26 or assessment of cases of abuse, abandonment, neglect, or
27 exploitation of children.
28 (4)(3) Any photograph or report on examinations made
29 or X rays taken pursuant to this section, or copies thereof,
30 shall be sent to the department as soon as possible.
31 (5)(4) The county in which the child is a resident
83
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 shall bear the initial costs of the examination of the
2 allegedly abused, abandoned, or neglected child; however, the
3 parents, caregiver legal guardian, or legal custodian of the
4 child shall be required to reimburse the county for the costs
5 of such examination, other than an initial forensic physical
6 examination as provided in s. 960.28, and to reimburse the
7 department of Children and Family Services for the cost of the
8 photographs taken pursuant to this section. A medical
9 provider may not bill a child victim, directly or indirectly,
10 for the cost of an initial forensic physical examination.
11 (5) The court shall order a defendant or juvenile
12 offender who pleads guilty or nolo contendere to, or who is
13 convicted of or adjudicated delinquent for, a violation of
14 chapter 794 or chapter 800 to make restitution to the Crimes
15 Compensation Trust Fund or to the county, whichever paid for
16 the initial forensic physical examination, in an amount equal
17 to the compensation paid to the medical provider for the cost
18 of the initial forensic physical examination. The order may
19 be enforced by the department in the same manner as a judgment
20 in a civil action.
21 Section 26. Section 415.5095, Florida Statutes, is
22 renumbered as section 39.305, Florida Statutes, and amended to
23 read:
24 39.305 415.5095 Intervention and treatment in sexual
25 abuse cases; model plan.--
26 (1) The impact of sexual abuse on the child and family
27 has caused the Legislature to determine that special
28 intervention and treatment must be offered in certain cases so
29 that the child can be protected from further abuse, the family
30 can be kept together, and the abuser can benefit from
31 treatment. To further this end, it is the intent of the
84
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 Legislature that special funding shall be available in those
2 communities where agencies and professionals are able to work
3 cooperatively to effectuate intervention and treatment in
4 intrafamily sexual abuse cases.
5 (2) The department of Children and Family Services
6 shall develop a model plan for community intervention and
7 treatment of intrafamily sexual abuse in conjunction with the
8 Department of Law Enforcement, the Department of Health, the
9 Department of Education, the Attorney General, the state
10 Guardian Ad Litem Program, the Department of Corrections,
11 representatives of the judiciary, and professionals and
12 advocates from the mental health and child welfare community.
13 Section 27. Section 39.306, Florida Statutes, is
14 created to read:
15 39.306 Child protective investigations; working
16 agreements with local law enforcement.--The department shall
17 enter into agreements with the jurisdictionally responsible
18 county sheriffs' offices and local police departments that
19 will assume the lead in conducting any potential criminal
20 investigations arising from allegations of child abuse,
21 abandonment, or neglect. The written agreement must specify
22 how the requirements of this chapter will be met. For the
23 purposes of such agreement, the jurisdictionally responsible
24 law enforcement entity is authorized to share Florida criminal
25 history information that is not otherwise exempt from s.
26 119.07(1) with the district personnel, authorized agent, or
27 contract provider directly responsible for the child
28 protective investigation and emergency child placement. The
29 agencies entering into such agreement must comply with s.
30 943.0525. Criminal justice information provided by such law
31 enforcement entity shall be used only for the purposes
85
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 specified in the agreement and shall be provided at no charge.
2 Notwithstanding any other provision of law, the Department of
3 Law Enforcement shall provide to the department electronic
4 access to Florida criminal justice information that is
5 lawfully available and not exempt from s. 119.07(1), only for
6 the purpose of child protective investigations and emergency
7 child placement. As a condition of access to such
8 information, the department shall be required to execute an
9 appropriate user agreement addressing the access, use,
10 dissemination, and destruction of such information and to
11 comply with all applicable laws and regulations and with rules
12 of the Department of Law Enforcement.
13 Section 28. Section 415.50171, Florida Statutes, is
14 renumbered as section 39.307, Florida Statutes, and amended to
15 read:
16 39.307 415.50171 Family services response system;
17 Reports of child-on-child sexual abuse.--
18 (1) Subject to specific appropriation, Upon receiving
19 a report alleging juvenile sexual abuse as defined in s.
20 39.01(7)(b), the department shall assist the family in
21 receiving appropriate services 415.50165(7), district staff
22 shall, unless caregiver abuse or neglect is involved, use a
23 family services response system approach to address the
24 allegations of the report.
25 (2) District staff, at a minimum, shall adhere to the
26 following procedures:
27 (a) The purpose of the response to a report alleging
28 juvenile sexual abuse behavior shall be explained to the
29 caregiver.
30 1. The purpose of the response shall be explained in a
31 manner consistent with legislative purpose and intent provided
86
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 in this chapter part.
2 2. The name and office telephone number of the person
3 responding shall be provided to the caregiver of the alleged
4 juvenile sexual offender and victim's caregiver.
5 3. The possible consequences of the department's
6 response, including outcomes and services, shall be explained
7 to the caregiver of the alleged juvenile sexual offender and
8 the victim's family or caregiver.
9 (b) The caregiver of the alleged juvenile sexual
10 offender and the caregiver of the victim shall be involved to
11 the fullest extent possible in determining the nature of the
12 allegation and the nature of any problem or risk to other
13 children.
14 (c) The assessment of risk and the perceived treatment
15 needs of the alleged juvenile sexual offender, the victim, and
16 respective caregivers shall be conducted by the district
17 staff, the child protection team, and other providers under
18 contract with the department to provide services to the
19 caregiver of the alleged offender, the victim, and the
20 victim's caregiver.
21 (d) The assessment shall be conducted in a manner that
22 is sensitive to the social, economic, and cultural environment
23 of the family.
24 (e) When necessary, the child protection team shall
25 conduct an evidence-gathering physical examination of the
26 victim.
27 (f) Based on the information obtained from the alleged
28 juvenile sexual offender, the alleged juvenile sexual
29 offender's caregiver, the victim, and the victim's caregiver,
30 an assessment service and treatment needs report must be
31 completed within 7 days and, if needed, a case plan developed
87
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 within 30 days.
2 (g) The department shall classify the outcome of its
3 initial assessment of the report as follows:
4 1. Report closed. Services were not offered to the
5 alleged juvenile sexual offender because the department
6 determined that there was no basis for intervention.
7 2. Services accepted by alleged offender. Services
8 were offered to the alleged juvenile sexual offender and
9 accepted by the caregiver.
10 3. Report closed. Services were offered to the
11 alleged juvenile sexual offender, but were rejected by the
12 caregiver.
13 4. Notification to law enforcement. Either the risk
14 to the victim's safety and well-being cannot be reduced by the
15 provision of services or the family rejected services, and
16 notification of the alleged delinquent act or violation of law
17 to the appropriate law enforcement agency was initiated.
18 5. Services accepted by victim. Services were offered
19 to the victim of the alleged juvenile sexual offender and
20 accepted by the caregiver.
21 6. Report closed. Services were offered to the victim
22 of the alleged juvenile sexual offender, but were rejected by
23 the caregiver.
24 (3) When services have been accepted by the alleged
25 juvenile sexual offender, victim, and respective caregivers or
26 family, the department shall designate a case manager and
27 develop a specific case plan.
28 (a) Upon receipt of the plan, the caregiver or family
29 shall indicate its acceptance of the plan in writing.
30 (b) The case manager shall periodically review the
31 progress toward achieving the objectives of the plan in order
88
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 to:
2 1. Make adjustments to the plan or take additional
3 action as provided in this part; or
4 2. Terminate the case when indicated by successful or
5 substantial achievement of the objectives of the plan.
6 (4) In the event the family or caregiver of the
7 alleged juvenile sexual offender fails to adequately
8 participate or allow for the adequate participation of the
9 juvenile sexual offender in the services or treatment
10 delineated in the case plan, the case manager may recommend
11 that the department:
12 (a) Close the case;
13 (b) Refer the case to mediation or arbitration, if
14 available; or
15 (c) Notify the appropriate law enforcement agency of
16 failure to comply.
17 (5) Services to the alleged juvenile sexual offender,
18 the victim, and respective caregivers or family under this
19 section shall be voluntary and of necessary duration.
20 (6) At any time, as a result of additional
21 information, findings of facts, or changing conditions, the
22 department may pursue a child protective investigation as
23 provided in this chapter part IV.
24 (7) The department is authorized to develop rules and
25 other policy directives necessary to implement the provisions
26 of this section.
27 Section 29. Part IV of chapter 39, Florida Statutes,
28 consisting of sections 39.311, 39.312, 39.313, 39.314, 39.315,
29 39.316, 39.317, and 39.318, Florida Statutes, shall be
30 entitled to read:
31 PART IV
89
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 FAMILY BUILDERS PROGRAM
2 Section 30. Section 415.515, Florida Statutes, is
3 renumbered as section 39.311, Florida Statutes, and amended to
4 read:
5 39.311 415.515 Establishment of Family Builders
6 Program.--
7 (1) Any Family Builders Program that is established by
8 the department of Children and Family Services or the
9 Department of Juvenile Justice shall provide family
10 preservation services to families whose children are at risk
11 of imminent out-of-home placement because they are dependent
12 or delinquent or are children in need of services, to reunite
13 families whose children have been removed and placed in foster
14 care, and to maintain adoptive families intact who are at risk
15 of fragmentation. The Family Builders Program shall provide
16 programs to achieve long-term changes within families that
17 will allow children to remain with their families as an
18 alternative to the more expensive and potentially
19 psychologically damaging program of out-of-home placement.
20 (2) The department of Children and Family Services and
21 the Department of Juvenile Justice may adopt rules to
22 implement the Family Builders Program.
23 Section 31. Section 415.516, Florida Statutes, is
24 renumbered as section 39.312, Florida Statutes, and amended to
25 read:
26 39.312 415.516 Goals.--The goals of any Family
27 Builders Program shall be to:
28 (1) Ensure child health and safety while working with
29 the family.
30 (2)(1) Help parents to improve their relationships
31 with their children and to provide better care, nutrition,
90
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 hygiene, discipline, protection, instruction, and supervision.
2 (3)(2) Help parents to provide a better household
3 environment for their children by improving household
4 maintenance, budgeting, and purchasing.
5 (4)(3) Provide part-time child care when parents are
6 unable to do so or need temporary relief.
7 (5)(4) Perform household maintenance, budgeting, and
8 purchasing when parents are unable to do so on their own or
9 need temporary relief.
10 (6)(5) Assist parents and children to manage and
11 resolve conflicts.
12 (7)(6) Assist parents to meet the special physical,
13 mental, or emotional needs of their children and help parents
14 to deal with their own special physical, mental, or emotional
15 needs that interfere with their ability to care for their
16 children and to manage their households.
17 (8)(7) Help families to discover and gain access to
18 community resources to which the family or children might be
19 entitled and which would assist the family in meeting its
20 needs and the needs of the children, including the needs for
21 food, clothing, housing, utilities, transportation,
22 appropriate educational opportunities, employment, respite
23 care, and recreational and social activities.
24 (9)(8) Help families by providing cash or in-kind
25 assistance to meet their needs for food, clothing, housing, or
26 transportation when such needs prevent or threaten to prevent
27 parents from caring for their children, and when such needs
28 are not met by other sources in the community in a timely
29 fashion.
30 (9) Emphasize parental responsibility and facilitate
31 counseling for children at high risk of delinquent behavior
91
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 and their parents.
2 (10) Provide such additional reasonable services for
3 the prevention of maltreatment and unnecessary foster care as
4 may be needed in order to strengthen a family at risk.
5 Section 32. Section 415.517, Florida Statutes, is
6 renumbered as section 39.313, Florida Statutes, and amended to
7 read:
8 39.313 415.517 Contracting of services.--The
9 department may contract for the delivery of Family Builders
10 Program services by professionally qualified persons or local
11 governments when it determines that it is in the family's best
12 interest. The service provider or program operator must
13 submit to the department monthly activity reports covering any
14 services rendered. These activity reports must include
15 project evaluation in relation to individual families being
16 served, as well as statistical data concerning families
17 referred for services who are not served due to the
18 unavailability of resources. The costs of program evaluation
19 are an allowable cost consideration in any service contract
20 negotiated in accordance with this section subsection.
21 Section 33. Section 415.518, Florida Statutes, is
22 renumbered as section 39.314, Florida Statutes, and amended to
23 read:
24 39.314 415.518 Eligibility for Family Builders Program
25 services.--Family Builders Program services must be made
26 available to a family at risk on a voluntary basis, provided
27 the family meets the eligibility requirements as established
28 by rule and there is space available in the program. All
29 members of the families who accept such services are
30 responsible for cooperating fully with the family preservation
31 plan developed for each family under s. 39.315 this section.
92
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 Families in which children are at imminent risk of sexual
2 abuse or physical endangerment perpetrated by a member of
3 their immediate household are not eligible to receive family
4 preservation services unless the perpetrator is in, or has
5 agreed to enter, a program for treatment and the safety of the
6 children may be enhanced through participation in the Family
7 Builders Program.
8 Section 34. Section 415.519, Florida Statutes, is
9 renumbered as section 39.315, Florida Statutes.
10 Section 35. Section 415.520, Florida Statutes, is
11 renumbered as section 39.316, Florida Statutes, and amended to
12 read:
13 39.316 415.520 Qualifications of Family Builders
14 Program workers.--
15 (1) A public or private agency staff member who
16 provides direct service to an eligible family must possess a
17 bachelor's degree in a human-service-related field and 2
18 years' experience providing direct services to children,
19 youth, or their families or possess a master's degree in a
20 human-service-related field with 1 year of experience. A
21 person who supervises caseworkers who provide direct services
22 to eligible families must possess a master's degree in a
23 human-service-related field and have at least 2 years of
24 experience in social work or counseling or must possess a
25 bachelor's degree in a human-service-related field and have at
26 least 3 years' experience in social work or counseling.
27 (2) A person who provides paraprofessional aide
28 services to families must possess a valid high school diploma
29 or a Graduate Equivalency Diploma and must have a minimum of 2
30 years' experience in working with families with children.
31 Experience in a volunteer capacity while working with families
93
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 may be included in the 2 years of required experience.
2 (3) Caseworkers must successfully complete at least 40
3 hours of intensive training prior to providing direct services
4 service under this program. Paraprofessional aides and
5 supervisors must, within 90 days after hiring, complete a
6 training program prescribed by the department on child abuse,
7 abandonment, and neglect and an overview of the children,
8 youth, and families program components and service delivery
9 system. Program supervisors and caseworkers must thereafter
10 complete at least 40 hours of additional training each year in
11 accordance with standards established by the department.
12 Section 36. Section 415.521, Florida Statutes, is
13 renumbered as section 39.317, Florida Statutes.
14 Section 37. Section 415.522, Florida Statutes, is
15 renumbered as section 39.318, Florida Statutes, and amended to
16 read:
17 39.318 415.522 Funding.--The department is authorized
18 to use appropriate state, federal, and private funds within
19 its budget for operating the Family Builders Program. For
20 each child served, the cost of providing home-based services
21 described in this part act must not exceed the costs of
22 out-of-home care which otherwise would be incurred.
23 Section 38. Part V of chapter 39, Florida Statutes,
24 consisting of sections 39.395, 39.401, 39.402, 39.407, and
25 39.4075, Florida Statutes, shall be entitled to read:
26 PART V
27 TAKING CHILDREN INTO CUSTODY
28 AND SHELTER HEARINGS
29 Section 39. Section 39.395, Florida Statutes, is
30 created to read:
31 39.395 Taking a child into protective custody; medical
94
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 or hospital personnel.--Any person in charge of a hospital or
2 similar institution or any physician or licensed health care
3 professional treating a child may keep that child in his or
4 her custody without the consent of the parents, caregiver, or
5 legal custodian, whether or not additional medical treatment
6 is required, if the circumstances are such, or if the
7 condition of the child is such, that continuing the child in
8 the child's place of residence or in the care or custody of
9 the parents, caregiver, or legal custodian presents an
10 imminent danger to the child's life or physical or mental
11 health. Any such person taking a child into protective custody
12 shall immediately notify the department, whereupon the
13 department shall immediately begin a child protective
14 investigation in accordance with the provisions of this
15 chapter and shall make every reasonable effort to immediately
16 notify the parents, caregiver, or legal custodian that such
17 child has been taken into protective custody. If the
18 department determines, according to the criteria set forth in
19 this chapter, that the child should remain in protective
20 custody longer than 24 hours, it shall petition the court for
21 an order authorizing such custody in the same manner as if the
22 child were placed in a shelter. The department shall attempt
23 to avoid the placement of a child in an institution whenever
24 possible.
25 Section 40. Section 39.401, Florida Statutes, as
26 amended by chapter 97-276, Laws of Florida, is amended to
27 read:
28 39.401 Taking a child alleged to be dependent into
29 custody; law enforcement officers and authorized agents of the
30 department.--
31 (1) A child may only be taken into custody:
95
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (a) Pursuant to an order of the circuit court issued
2 pursuant to the provisions of this part, based upon sworn
3 testimony, either before or after a petition is filed; or.
4 (b) By a law enforcement officer, or an authorized
5 agent of the department, if the officer or authorized agent
6 has probable cause to support a finding of reasonable grounds
7 for removal and that removal is necessary to protect the
8 child. Reasonable grounds for removal are as follows:
9 1. That the child has been abused, neglected, or
10 abandoned, or is suffering from or is in imminent danger of
11 illness or injury as a result of abuse, neglect, or
12 abandonment;
13 2. That the parent, legal custodian, caregiver, or
14 responsible adult relative custodian of the child has
15 materially violated a condition of placement imposed by the
16 court; or
17 3. That the child has no parent, legal custodian,
18 caregiver, or responsible adult relative immediately known and
19 available to provide supervision and care.
20 (2) If the law enforcement officer takes person taking
21 the child into custody is not an authorized agent of the
22 department, that officer person shall:
23 (a) Release the child to:
24 1. The parent, caregiver, or guardian, legal custodian
25 of the child;,
26 2. A responsible adult approved by the court when
27 limited to temporary emergency situations;,
28 3. A responsible adult relative who shall be given
29 priority consideration over a nonrelative placement when this
30 is in the best interests of the child;, or
31 4. A responsible adult approved by the department;
96
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 within 3 days following such release, the person taking the
2 child into custody shall make a full written report to the
3 department for cases involving allegations of abandonment,
4 abuse, or neglect or other dependency cases; or
5 (b) Deliver the child to an authorized agent of the
6 department, stating the facts by reason of which the child was
7 taken into custody and sufficient information to establish
8 probable cause that the child is abandoned, abused, or
9 neglected, or otherwise dependent and make a full written
10 report to the department within 3 days.
11
12 For cases involving allegations of abandonment, abuse, or
13 neglect, or other dependency cases, within 3 days after such
14 release or within 3 days after delivering the child to an
15 authorized agent of the department, the law enforcement
16 officer who took the child into custody shall make a full
17 written report to the department.
18 (3) If the child is taken into custody by, or is
19 delivered to, an authorized agent of the department, the
20 authorized agent shall review the facts supporting the removal
21 with an attorney representing the department legal staff prior
22 to the emergency shelter hearing. The purpose of this review
23 shall be to determine whether probable cause exists for the
24 filing of a an emergency shelter petition pursuant to s.
25 39.402(1). If the facts are not sufficient to support the
26 filing of a shelter petition, the child shall immediately be
27 returned to the custody of the parent, caregiver, or legal
28 custodian. If the facts are sufficient to support the filing
29 of the shelter petition, and the child has not been returned
30 to the custody of the parent, caregiver, or legal custodian,
31 the department shall file the shelter petition and schedule a
97
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 shelter hearing pursuant to s. 39.402(1), such hearing to be
2 held within 24 hours after the removal of the child. While
3 awaiting the emergency shelter hearing, the authorized agent
4 of the department may place the child in licensed shelter care
5 or may release the child to a parent, guardian, legal
6 custodian, caregiver, or responsible adult relative who shall
7 be given priority consideration over a licensed nonrelative
8 placement, or responsible adult approved by the department
9 when this is in the best interests of the child. Any placement
10 of a child which is not in a licensed shelter must be preceded
11 by a local and state criminal records check, as well as a
12 search of the department's automated abuse information system,
13 on all members of the household, to assess the child's safety
14 within the home. In addition, the department may authorize
15 placement of a housekeeper/homemaker in the home of a child
16 alleged to be dependent until the parent or legal custodian
17 assumes care of the child.
18 (4) When a child is taken into custody pursuant to
19 this section, the department of Children and Family Services
20 shall request that the child's parent, caregiver, or legal
21 custodian disclose the names, relationships, and addresses of
22 all parents and prospective parents and all next of kin of the
23 child, so far as are known.
24 Section 41. Section 39.402, Florida Statutes, as
25 amended by chapter 97-276, Laws of Florida, is amended to
26 read:
27 39.402 Placement in a shelter.--
28 (1) Unless ordered by the court under this chapter, a
29 child taken into custody shall not be placed in a shelter
30 prior to a court hearing unless there are reasonable grounds
31 for removal and removal is necessary to protect the child.
98
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 Reasonable grounds for removal are as follows:
2 (a) The child has been abused, neglected, or
3 abandoned, or is suffering from or is in imminent danger of
4 illness or injury as a result of abuse, neglect, or
5 abandonment;
6 (b) The custodian of the child has materially violated
7 a condition of placement imposed by the court; or
8 (c) The child has no parent, legal custodian,
9 caregiver, or responsible adult relative immediately known and
10 available to provide supervision and care.
11 (2) A child taken into custody may be placed or
12 continued in a shelter only if one or more of the criteria in
13 subsection (1) applies and the court has made a specific
14 finding of fact regarding the necessity for removal of the
15 child from the home and has made a determination that the
16 provision of appropriate and available services will not
17 eliminate the need for placement.
18 (3) Whenever a child is taken into custody, the
19 department shall immediately notify the parents or legal
20 custodians, shall provide the parents or legal custodians with
21 a statement setting forth a summary of procedures involved in
22 dependency cases, and shall notify them of their right to
23 obtain their own attorney.
24 (4) If the department determines that placement in a
25 shelter is necessary under subsections (1) and (2), the
26 authorized agent of the department shall authorize placement
27 of the child in a shelter.
28 (5)(a) The parents or legal custodians of the child
29 shall be given actual notice of the date, time, and location
30 of the emergency shelter hearing. If the parents or legal
31 custodians are outside the jurisdiction of the court, are not
99
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 known, or cannot be located or refuse or evade service, they
2 shall be given such notice as best ensures their actual
3 knowledge of the date, time, and location of the emergency
4 shelter hearing. The person providing or attempting to
5 provide notice to the parents or legal custodians shall, if
6 the parents or legal custodians are not present at the
7 hearing, advise the court either in person or by sworn
8 affidavit, of the attempts made to provide notice and the
9 results of those attempts.
10 (b) The parents or legal custodians shall be given
11 written notice that:
12 (b) At the emergency shelter hearing, the department
13 must establish probable cause that reasonable grounds for
14 removal exist and that the provision of appropriate and
15 available services will not eliminate the need for placement.
16 1.(c) They will The parents or legal custodians shall
17 be given an opportunity to be heard and to present evidence at
18 the emergency shelter hearing; and.
19 2. They have the right to be represented by counsel,
20 and, if indigent, the right to be represented by appointed
21 counsel, at the shelter hearing and at each subsequent hearing
22 or proceeding, pursuant to the procedures set forth in s.
23 39.013.
24 (6)(5)(a) The circuit court, or the county court, if
25 previously designated by the chief judge of the circuit court
26 for such purpose, shall hold the shelter hearing.
27 (b) The shelter petition filed with the court must
28 address each condition required to be determined by the court
29 in paragraphs (8)(a) and (b) subsection (7).
30 (7)(6) A child may not be removed from the home or
31 continued out of the home pending disposition if, with the
100
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 provision of appropriate and available early-intervention or
2 preventive services, including services provided in the home,
3 the child could safely remain at home. If the child's safety
4 and well-being are in danger, the child shall be removed from
5 danger and continue to be removed until the danger has passed.
6 If the child has been removed from the home and the reasons
7 for his or her removal have been remedied, the child may be
8 returned to the home. If the court finds that the prevention
9 or reunification efforts of the department will allow the
10 child to remain safely at home, the court shall allow the
11 child to remain in the home.
12 (8)(7)(a) A child may not be held in a shelter longer
13 than 24 hours unless an order so directing is entered by the
14 court after a an emergency shelter hearing. In the interval
15 until the shelter hearing is held, the decision to place the
16 child in a shelter or release the child from a shelter lies
17 with the protective investigator. At the emergency shelter
18 hearing, the court shall appoint a guardian ad litem to
19 represent the child unless the court finds that such
20 representation is unnecessary.
21 (b) The parents or legal custodians of the child shall
22 be given such notice as best ensures their actual knowledge of
23 the time and place of the shelter hearing and shall be given
24 an opportunity to be heard and to present evidence at the
25 emergency shelter hearing. The failure to provide notice to a
26 party or participant does not invalidate an order placing a
27 child in a shelter if the court finds that the petitioner has
28 made a good-faith effort to provide such notice. The court
29 shall require the parents or legal custodians present at the
30 hearing to provide to the court on the record the names,
31 addresses, and relationships of all parents, prospective
101
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 parents, and next of kin of the child, so far as are known.
2 (c) At the shelter hearing, the court shall:
3 1. Appoint a guardian ad litem to represent the child,
4 unless the court finds that such representation is
5 unnecessary;
6 2. Inform the parents or legal custodians of their
7 right to counsel to represent them at the shelter hearing and
8 at each subsequent hearing or proceeding, and the right of the
9 parents to appointed counsel, pursuant to the procedures set
10 forth in s. 39.013; and
11 3. Give the parents or legal custodians an opportunity
12 to be heard and to present evidence.
13 (d) At the shelter hearing, the department must
14 establish probable cause that reasonable grounds for removal
15 exist and that the provision of appropriate and available
16 services will not eliminate the need for placement.
17 (e) At the shelter hearing, each party shall provide
18 to the court a permanent mailing address. The court shall
19 advise each party that this address will be used by the court
20 and the petitioner for notice purposes unless and until the
21 party notifies the court and the petitioner in writing of a
22 new mailing address.
23 (f)(b) The order for placement of a child in shelter
24 care must identify the parties present at the hearing and must
25 contain written findings:
26 1. That placement in shelter care is necessary based
27 on the criteria in subsections (1) and (2).
28 2. That placement in shelter care is in the best
29 interest of the child.
30 3. That continuation of the child in the home is
31 contrary to the welfare of the child because the home
102
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 situation presents a substantial and immediate danger to the
2 child's physical, mental, or emotional health or safety child
3 which cannot be mitigated by the provision of preventive
4 services.
5 4. That based upon the allegations of the petition for
6 placement in shelter care, there is probable cause to believe
7 that the child is dependent.
8 5. That the department has made reasonable efforts to
9 prevent or eliminate the need for removal of the child from
10 the home. A finding of reasonable effort by the department to
11 prevent or eliminate the need for removal may be made and the
12 department is deemed to have made reasonable efforts to
13 prevent or eliminate the need for removal if:
14 a. The first contact of the department with the family
15 occurs during an emergency.
16 b. The appraisal of the home situation by the
17 department indicates that the home situation presents a
18 substantial and immediate danger to the child's physical,
19 mental, or emotional health or safety child which cannot be
20 mitigated by the provision of preventive services.
21 c. The child cannot safely remain at home, either
22 because there are no preventive services that can ensure the
23 health and safety of the child or because, even with
24 appropriate and available services being provided, the health
25 and safety of the child cannot be ensured.
26 6. That the court notified the parents or legal
27 custodians of the subsequent dependency proceedings, including
28 scheduled hearings, and of the importance of the active
29 participation of the parents or legal custodians in those
30 subsequent proceedings and hearings.
31 7. That the court notified the parents or legal
103
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 custodians of their right to counsel to represent them at the
2 shelter hearing and at each subsequent hearing or proceeding,
3 and the right of the parents to appointed counsel, pursuant to
4 the procedures set forth in s. 39.013.
5 (c) The failure to provide notice to a party or
6 participant does not invalidate an order placing a child in a
7 shelter if the court finds that the petitioner has made a good
8 faith effort to provide such notice.
9 (d) In the interval until the shelter hearing is held
10 under paragraph (a), the decision to place the child in a
11 shelter or release the child from a shelter lies with the
12 protective investigator in accordance with subsection (3).
13 (9) At any shelter hearing, the court shall determine
14 visitation rights absent a clear and convincing showing that
15 visitation is not in the best interest of the child.
16 (10) The shelter hearing order shall contain a written
17 determination as to whether the department has made a
18 reasonable effort to prevent or eliminate the need for removal
19 or continued removal of the child from the home. If the
20 department has not made such an effort, the court shall order
21 the department to provide appropriate and available services
22 to ensure the protection of the child in the home when such
23 services are necessary for the child's health and safety.
24 (8) A child may not be held in a shelter under an
25 order so directing for more than 21 days unless an order of
26 adjudication for the case has been entered by the court. The
27 parent, guardian, or custodian of the child must be notified
28 of any order directing placement of the child in an emergency
29 shelter and, upon request, must be afforded a hearing within
30 48 hours, excluding Sundays and legal holidays, to review the
31 necessity for continued placement in the shelter for any time
104
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 periods as provided in this section. At any arraignment
2 hearing or determination of emergency shelter care, the court
3 shall determine visitation rights absent a clear and
4 convincing showing that visitation is not in the best interest
5 of the child, and the court shall make a written determination
6 as to whether the department has made a reasonable effort to
7 prevent or eliminate the need for removal or continued removal
8 of the child from the home. If the department has not made
9 such an effort, the court shall order the department to
10 provide appropriate and available services to assure the
11 protection of the child in the home when such services are
12 necessary for the child's safety. Within 7 days after the
13 child is taken into custody, a petition alleging dependency
14 must be filed and, within 14 days after the child is taken
15 into custody, an arraignment hearing must be held for the
16 child's parent, guardian, or custodian to admit, deny, or
17 consent to the findings of dependency alleged in the petition.
18 (11)(12) If a When any child is placed in a shelter
19 pursuant to under a court order following a shelter hearing,
20 the court shall prepare a shelter hearing order requiring the
21 parents of the child, or the guardian of the child's estate,
22 if possessed of assets which under law may be disbursed for
23 the care, support, and maintenance of the child, to pay, to
24 the department or institution having custody of the child,
25 fees as established by the department. When the order affects
26 the guardianship estate, a certified copy of the order shall
27 be delivered to the judge having jurisdiction of the
28 guardianship estate.
29 (12) In the event the shelter hearing is conducted by
30 a judge other than the juvenile court judge, the juvenile
31 court judge shall hold a shelter review on the status of the
105
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 child within 2 working days after the shelter hearing.
2 (13)(9) A child may not be held in a shelter under an
3 order so directing for more than 60 days without an
4 adjudication of dependency. A child may not be held in a
5 shelter for more than 30 days after the entry of an order of
6 adjudication unless an order of disposition under s. 39.41 has
7 been entered by the court.
8 (14)(10) The time limitations in this section
9 subsection (8) do not include:
10 (a) Periods of delay resulting from a continuance
11 granted at the request or with the consent of the child's
12 counsel or the child's guardian ad litem, if one has been
13 appointed by the court, or, if the child is of sufficient
14 capacity to express reasonable consent, at the request or with
15 the consent of the child's attorney or the child's guardian ad
16 litem, if one has been appointed by the court, and the child.
17 (b) Periods of delay resulting from a continuance
18 granted at the request of the attorney for the department, if
19 the continuance is granted:
20 1. Because of an unavailability of evidence material
21 to the case when the attorney for the department has exercised
22 due diligence to obtain such evidence and there are
23 substantial grounds to believe that such evidence will be
24 available within 30 days. However, if the department is not
25 prepared to present its case within 30 days, the parent or
26 legal custodian guardian may move for issuance of an order to
27 show cause or the court on its own motion may impose
28 appropriate sanctions, which may include dismissal of the
29 petition.
30 2. To allow the attorney for the department additional
31 time to prepare the case and additional time is justified
106
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 because of an exceptional circumstance.
2 (c) Reasonable periods of delay necessary to
3 accomplish notice of the hearing to the child's parents or
4 legal custodians; however, the petitioner shall continue
5 regular efforts to provide notice to the parents or legal
6 custodians during such periods of delay.
7 (d) Reasonable periods of delay resulting from a
8 continuance granted at the request of the parent or legal
9 custodian of a subject child.
10 (15) At the conclusion of a shelter hearing, the court
11 shall notify all parties in writing of the next scheduled
12 hearing to review the shelter placement. Such hearing shall be
13 held no later than 30 days after placement of the child in
14 shelter status, in conjunction with the arraignment hearing.
15 (11) The court shall review the necessity for a
16 child's continued placement in a shelter in the same manner as
17 the initial placement decision was made and shall make a
18 determination regarding the continued placement:
19 (a) Within 24 hours after any violation of the time
20 requirements for the filing of a petition or the holding of an
21 arraignment hearing as prescribed in subsection (8); or
22 (b) Prior to the court's granting any delay as
23 specified in subsection (10).
24 Section 42. Section 39.407, Florida Statutes, is
25 amended to read:
26 39.407 Medical, psychiatric, and psychological
27 examination and treatment of child; physical or mental
28 examination of parent, guardian, or person requesting custody
29 of child.--
30 (1) When any child is taken into custody and is to be
31 detained in shelter care, the department is authorized to have
107
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 a medical screening performed on the child without
2 authorization from the court and without consent from a parent
3 or legal custodian guardian. Such medical screening shall be
4 performed by a licensed health care professional and shall be
5 to examine the child for injury, illness, and communicable
6 diseases and to determine the need for immunization. The
7 department shall by rule establish the invasiveness of the
8 medical procedures authorized to be performed under this
9 subsection. In no case does this subsection authorize the
10 department to consent to medical treatment for such children.
11 (2) When the department has performed the medical
12 screening authorized by subsection (1), or when it is
13 otherwise determined by a licensed health care professional
14 that a child who is in the custody of the department, but who
15 has not been committed to the department pursuant to s. 39.41,
16 is in need of medical treatment, including the need for
17 immunization, consent for medical treatment shall be obtained
18 in the following manner:
19 (a)1. Consent to medical treatment shall be obtained
20 from a parent or legal custodian guardian of the child; or
21 2. A court order for such treatment shall be obtained.
22 (b) If a parent or legal custodian guardian of the
23 child is unavailable and his or her whereabouts cannot be
24 reasonably ascertained, and it is after normal working hours
25 so that a court order cannot reasonably be obtained, an
26 authorized agent of the department shall have the authority to
27 consent to necessary medical treatment, including
28 immunization, for the child. The authority of the department
29 to consent to medical treatment in this circumstance shall be
30 limited to the time reasonably necessary to obtain court
31 authorization.
108
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (c) If a parent or legal custodian guardian of the
2 child is available but refuses to consent to the necessary
3 treatment, including immunization, a court order shall be
4 required unless the situation meets the definition of an
5 emergency in s. 743.064 or the treatment needed is related to
6 suspected abuse, abandonment, or neglect of the child by a
7 parent, caregiver, or legal custodian or guardian. In such
8 case, the department shall have the authority to consent to
9 necessary medical treatment. This authority is limited to the
10 time reasonably necessary to obtain court authorization.
11
12 In no case shall the department consent to sterilization,
13 abortion, or termination of life support.
14 (3) A judge may order a child in the physical custody
15 of the department to be examined by a licensed health care
16 professional. The judge may also order such child to be
17 evaluated by a psychiatrist or a psychologist, by a district
18 school board educational needs assessment team, or, if a
19 developmental disability is suspected or alleged, by the
20 developmental disability diagnostic and evaluation team of the
21 department. If it is necessary to place a child in a
22 residential facility for such evaluation, then the criteria
23 and procedure established in s. 394.463(2) or chapter 393
24 shall be used, whichever is applicable. The educational needs
25 assessment provided by the district school board educational
26 needs assessment team shall include, but not be limited to,
27 reports of intelligence and achievement tests, screening for
28 learning disabilities and other handicaps, and screening for
29 the need for alternative education as defined in s. 230.23
30 230.2315(2).
31 (4) A judge may order a child in the physical custody
109
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 of the department to be treated by a licensed health care
2 professional based on evidence that the child should receive
3 treatment. The judge may also order such child to receive
4 mental health or retardation services from a psychiatrist,
5 psychologist, or other appropriate service provider. If it is
6 necessary to place the child in a residential facility for
7 such services, then the procedures and criteria established in
8 s. 394.467 or chapter 393 shall be used, whichever is
9 applicable. A child may be provided mental health or
10 retardation services in emergency situations, pursuant to the
11 procedures and criteria contained in s. 394.463(1) or chapter
12 393, whichever is applicable.
13 (5) When a child is in the physical custody of the
14 department, a licensed health care professional shall be
15 immediately called if there are indications of physical injury
16 or illness, or the child shall be taken to the nearest
17 available hospital for emergency care.
18 (6) Except as otherwise provided herein, nothing in
19 this section shall be deemed to eliminate the right of a
20 parent, legal custodian guardian, or the child to consent to
21 examination or treatment for the child.
22 (7) Except as otherwise provided herein, nothing in
23 this section shall be deemed to alter the provisions of s.
24 743.064.
25 (8) A court shall not be precluded from ordering
26 services or treatment to be provided to the child by a duly
27 accredited practitioner who relies solely on spiritual means
28 for healing in accordance with the tenets and practices of a
29 church or religious organization, when required by the child's
30 health and when requested by the child.
31 (9) Nothing in this section shall be construed to
110
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 authorize the permanent sterilization of the child unless such
2 sterilization is the result of or incidental to medically
3 necessary treatment to protect or preserve the life of the
4 child.
5 (10) For the purpose of obtaining an evaluation or
6 examination, or receiving treatment as authorized pursuant to
7 this section subsection, no child alleged to be or found to be
8 dependent shall be placed in a detention home or other program
9 used primarily for the care and custody of children alleged or
10 found to have committed delinquent acts.
11 (11) The parents or legal custodian guardian of a
12 child in the physical custody of the department remain
13 financially responsible for the cost of medical treatment
14 provided to the child even if either one or both of the
15 parents or if the legal custodian guardian did not consent to
16 the medical treatment. After a hearing, the court may order
17 the parents or legal custodian guardian, if found able to do
18 so, to reimburse the department or other provider of medical
19 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 shelter
26 petition or petition for dependency, when the mental or
27 physical condition, including the blood group, of a parent,
28 caregiver, legal custodian guardian, or other person
29 requesting custody of a child is in controversy, the court may
30 order the person to submit to a physical or mental examination
31 by a qualified professional. The order may be made only upon
111
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 good cause shown and pursuant to notice and procedures as set
2 forth by the Florida Rules of Juvenile Procedure.
3 Section 43. Section 39.4033, Florida Statutes, is
4 renumbered as section 39.4075, Florida Statutes, and amended
5 to read:
6 39.4075 39.4033 Referral of a dependency case to
7 mediation.--
8 (1) At any stage in a dependency proceeding, the case
9 staffing committee or any party may request the court to refer
10 the parties to mediation in accordance with chapter 44 and
11 rules and procedures developed by the Supreme Court.
12 (2) A court may refer the parties to mediation. When
13 such services are available, the court must determine whether
14 it is in the best interests of the child to refer the parties
15 to mediation.
16 (3) The department shall advise the parties parents or
17 legal guardians that they are responsible for contributing to
18 the cost of the dependency family mediation to the extent of
19 their ability to pay.
20 (4) This section applies only to courts in counties in
21 which dependency mediation programs have been established and
22 does not require the establishment of such programs in any
23 county.
24 Section 44. Part VI of chapter 39, Florida Statutes,
25 consisting of sections 39.501, 39.502, 39.503, 39.504, 39.505,
26 39.506, 39.507, 39.508, 39.5085, 39.509, and 39.5101, Florida
27 Statutes, shall be entitled to read:
28 PART VI
29 PETITION, ARRAIGNMENT, ADJUDICATION,
30 AND DISPOSITION
31 Section 45. Section 39.404, Florida Statutes, is
112
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 renumbered as section 39.501, Florida Statutes, and amended to
2 read:
3 39.501 39.404 Petition for dependency.--
4 (1) All proceedings seeking an adjudication that a
5 child is dependent shall be initiated by the filing of a
6 petition by an attorney for the department, or any other
7 person who has knowledge of the facts alleged or is informed
8 of them and believes that they are true.
9 (2) The purpose of a petition seeking the adjudication
10 of a child as a dependent child is the protection of the child
11 and not the punishment of the person creating the condition of
12 dependency.
13 (3)(a) The petition shall be in writing, shall
14 identify and list all parents, if known, and all current
15 caregivers or legal custodians of the child, and shall be
16 signed by the petitioner under oath stating the petitioner's
17 good faith in filing the petition. When the petition is filed
18 by the department, it shall be signed by an attorney for the
19 department.
20 (b) The form of the petition and its contents shall be
21 determined by rules of juvenile procedure adopted by the
22 Supreme Court.
23 (c) The petition must specifically set forth the acts
24 or omissions upon which the petition is based and the identity
25 of the person or persons alleged to have committed the acts or
26 omissions, if known. The petition need not contain allegations
27 of acts or omissions by both parents.
28 (d) The petitioner must state in the petition, if
29 known, whether:
30 1. A parent, legal custodian, or caregiver person
31 responsible for the child's welfare named in the petition has
113
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 previously unsuccessfully participated in voluntary services
2 offered by the department;
3 2. A parent or, legal custodian, or person responsible
4 for the child's welfare named in the petition has participated
5 in mediation and whether a mediation agreement exists;
6 3. A parent or, legal custodian, or person responsible
7 for the child's welfare has rejected the voluntary services
8 offered by the department; or
9 4. The department has determined that voluntary
10 services are not appropriate for this family and the reasons
11 for such determination.
12 (4) When a child has been placed in shelter status by
13 order of the court the child has been taken into custody, a
14 petition alleging dependency must be filed within 7 days upon
15 demand of a party, but no later than 21 days after the shelter
16 hearing after the date the child is taken into custody. In all
17 other cases, the petition must be filed within a reasonable
18 time after the date the child was referred to protective
19 investigation under s. 39.403. The child's parent, guardian,
20 or custodian must be served with a copy of the petition at
21 least 72 hours before the arraignment hearing.
22 (5) A petition for termination of parental rights
23 under s. 39.464 may be filed at any time.
24 Section 46. Section 39.405, Florida Statutes, as
25 amended by chapter 97-276, Laws of Florida, is renumbered as
26 section 39.502, Florida Statutes, and amended to read:
27 39.502 39.405 Notice, process, and service.--
28 (1) Unless parental rights have been terminated, all
29 parents and legal custodians must be notified of all
30 proceedings or hearings involving the child. Notice in cases
31 involving shelter hearings and hearings resulting from medical
114
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 emergencies must be that most likely to result in actual
2 notice to the parents and legal custodians. In all other
3 dependency proceedings, notice must be provided in accordance
4 with subsections (4) through (9).
5 (2) Personal appearance of any person in a hearing
6 before the court obviates the necessity of serving process on
7 that person.
8 (3) Upon the filing of a petition containing
9 allegations of facts which, if true, would establish that the
10 child is a dependent child, and upon the request of the
11 petitioner, the clerk or deputy clerk shall issue a summons.
12 (4) The summons shall require the person on whom it is
13 served to appear for a hearing at a time and place specified,
14 not less than 24 hours after service of the summons. A copy
15 of the petition shall be attached to the summons.
16 (5) The summons shall be directed to, and shall be
17 served upon, all parties other than the petitioner.
18 (6) It is the duty of the petitioner or moving party
19 to notify all participants and parties known to the petitioner
20 or moving party of all hearings subsequent to the initial
21 hearing unless notice is contained in prior court orders and
22 these orders were provided to the participant or party. Proof
23 of notice or provision of orders may be provided by certified
24 mail with a signed return receipt.
25 (7) Service of the summons and service of pleadings,
26 papers, and notices subsequent to the summons on persons
27 outside this state must be made pursuant to s. 61.1312.
28 (8) It is not necessary to the validity of a
29 proceeding covered by this part that the parents, caregivers,
30 or legal custodians be present if their identity or residence
31 is unknown after a diligent search has been made, but in this
115
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 event the petitioner shall file an affidavit of diligent
2 search prepared by the person who made the search and inquiry,
3 and the court may appoint a guardian ad litem for the child.
4 (9) When an affidavit of diligent search has been
5 filed under subsection (8), the petitioner shall continue to
6 search for and attempt to serve the person sought until
7 excused from further search by the court. The petitioner shall
8 report on the results of the search at each court hearing
9 until the person is identified or located or further search is
10 excused by the court.
11 (10)(9) Service by publication shall not be required
12 for dependency hearings and the failure to serve a party or
13 give notice to a participant shall not affect the validity of
14 an order of adjudication or disposition if the court finds
15 that the petitioner has completed a diligent search for that
16 party or participant.
17 (11)(10) Upon the application of a party or the
18 petitioner, the clerk or deputy clerk shall issue, and the
19 court on its own motion may issue, subpoenas requiring
20 attendance and testimony of witnesses and production of
21 records, documents, and other tangible objects at any hearing.
22 (12)(11) All process and orders issued by the court
23 shall be served or executed as other process and orders of the
24 circuit court and, in addition, may be served or executed by
25 authorized agents of the department or the guardian ad litem.
26 (13)(12) Subpoenas may be served within the state by
27 any person over 18 years of age who is not a party to the
28 proceeding and, in addition, may be served by authorized
29 agents of the department.
30 (14)(13) No fee shall be paid for service of any
31 process or other papers by an agent of the department or the
116
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 guardian ad litem. If any process, orders, or any other papers
2 are served or executed by any sheriff, the sheriff's fees
3 shall be paid by the county.
4 (14) Failure of a person served with notice to respond
5 or appear at the arraignment hearing constitutes the person's
6 consent to a dependency adjudication. The document containing
7 the notice to respond or appear must contain, in type at least
8 as large as the balance of the document, the following or
9 substantially similar language: "FAILURE TO RESPOND TO THIS
10 NOTICE OR TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE
11 ADJUDICATION OF THIS CHILD (OR THESE CHILDREN) AS DEPENDENT
12 CHILDREN AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS
13 CHILD."
14 (15) A party who is identified as a person with mental
15 illness or with a developmental disability developmentally
16 disabled person must be informed by the court of the
17 availability of advocacy services through the department, the
18 Association for Retarded Citizens, or other appropriate mental
19 health or developmental disability advocacy groups and
20 encouraged to seek such services.
21 (16) If the party to whom an order is directed is
22 present or represented at the final hearing, service of the
23 order is not required.
24 (17) The parent or legal custodian of the child, the
25 attorney for the department, the guardian ad litem, and all
26 other parties and participants shall be given reasonable
27 notice of all hearings provided for under this part.
28 (18) In all proceedings under this chapter, the court
29 shall provide to the parent or legal custodian of the child,
30 at the conclusion of any hearing, a written notice containing
31 the date of the next scheduled hearing. The court shall also
117
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 include the date of the next hearing in any order issued by
2 the court.
3 Section 47. Section 39.4051, Florida Statutes, as
4 amended by chapter 97-276, Laws of Florida, is renumbered as
5 section 39.503, Florida Statutes, and amended to read:
6 39.503 39.4051 Identity or location of parent or legal
7 custodian unknown; special procedures.--
8 (1) If the identity or location of a parent or legal
9 custodian is unknown and a petition for dependency or shelter
10 is filed, the court shall conduct the following inquiry of the
11 parent or legal custodian who is available, or, if no parent
12 or legal custodian is available, of any relative or custodian
13 of the child who is present at the hearing and likely to have
14 the information:
15 (a) Whether the mother of the child was married at the
16 probable time of conception of the child or at the time of
17 birth of the child.
18 (b) Whether the mother was cohabiting with a male at
19 the probable time of conception of the child.
20 (c) Whether the mother has received payments or
21 promises of support with respect to the child or because of
22 her pregnancy from a man who claims to be the father.
23 (d) Whether the mother has named any man as the father
24 on the birth certificate of the child or in connection with
25 applying for or receiving public assistance.
26 (e) Whether any man has acknowledged or claimed
27 paternity of the child in a jurisdiction in which the mother
28 resided at the time of or since conception of the child, or in
29 which the child has resided or resides.
30 (2) The information required in subsection (1) may be
31 supplied to the court or the department in the form of a sworn
118
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 affidavit by a person having personal knowledge of the facts.
2 (3) If the inquiry under subsection (1) identifies any
3 person as a parent or prospective parent, the court shall
4 require notice of the hearing to be provided to that person.
5 (4) If the inquiry under subsection (1) fails to
6 identify any person as a parent or prospective parent, the
7 court shall so find and may proceed without further notice.
8 (5) If the inquiry under subsection (1) identifies a
9 parent or prospective parent, and that person's location is
10 unknown, the court shall direct the department to shall
11 conduct a diligent search for that person before the
12 scheduling of a disposition hearing regarding the dependency
13 of the child unless the court finds that the best interest of
14 the child requires proceeding without notice to the person
15 whose location is unknown.
16 (6) The diligent search required by subsection (5)
17 must include, at a minimum, inquiries of all relatives of the
18 parent or prospective parent made known to the petitioner,
19 inquiries of all offices of program areas of the department
20 likely to have information about the parent or prospective
21 parent, inquiries of other state and federal agencies likely
22 to have information about the parent or prospective parent,
23 inquiries of appropriate utility and postal providers, and
24 inquiries of appropriate law enforcement agencies. Pursuant to
25 s. 453 of the Social Security Act, 42 U.S.C. 653(c)(B)(4), the
26 department, as the state agency administering Titles IV-B and
27 IV-E of the act, shall be provided access to the federal and
28 state parent locator service for diligent search activities.
29 (7) Any agency contacted by a petitioner with a
30 request for information pursuant to subsection (6) shall
31 release the requested information to the petitioner without
119
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the necessity of a subpoena or court order.
2 (8) If the inquiry and diligent search identifies a
3 prospective parent, that person must be given the opportunity
4 to become a party to the proceedings by completing a sworn
5 affidavit of parenthood and filing it with the court or the
6 department. A prospective parent who files a sworn affidavit
7 of parenthood while the child is a dependent child but no
8 later than at the time of or prior to the adjudicatory hearing
9 in any termination of parental rights proceeding for the child
10 shall be considered a parent for all purposes under this
11 section unless the other parent contests the determination of
12 parenthood. If the known parent contests the recognition of
13 the prospective parent as a parent, the prospective parent
14 shall not be recognized as a parent until proceedings under
15 chapter 742 have been concluded. However, the prospective
16 parent shall continue to receive notice of hearings as a
17 participant pending results of the chapter 742 proceedings.
18 Section 48. Section 39.4055, Florida Statutes, is
19 renumbered as section 39.504, Florida Statutes, and amended to
20 read:
21 39.504 39.4055 Injunction pending disposition of
22 petition for detention or dependency; penalty.--
23 (1)(a) When a petition for detention or a petition for
24 dependency has been filed or when a child has been taken into
25 custody and reasonable cause, as defined in paragraph (b),
26 exists, the court, upon the request of the department, a law
27 enforcement officer, the state attorney, or other responsible
28 person, or upon its own motion, shall have the authority to
29 issue an injunction to prevent any act of child abuse or any
30 unlawful sexual offense involving a child.
31 (b) Reasonable cause for the issuance of an injunction
120
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 exists if there is evidence of child abuse or an unlawful
2 sexual offense involving a child or if there is a reasonable
3 likelihood of such abuse or offense occurring based upon a
4 recent overt act or failure to act.
5 (2)(a) Notice shall be provided to the parties as set
6 forth in the Florida Rules of Juvenile Procedure, unless the
7 child is reported to be in imminent danger, in which case the
8 court may issue an injunction immediately. A judge may issue
9 an emergency injunction pursuant to this section without
10 notice at times when the court is closed for the transaction
11 of judicial business. When such an immediate injunction is
12 issued, the court shall hold a hearing on the next day of
13 judicial business either to dissolve the injunction or to
14 continue or modify it in accordance with the other provisions
15 of this section.
16 (b) A judge may issue an emergency injunction pursuant
17 to this section at times when the court is closed for the
18 transaction of judicial business. The court shall hold a
19 hearing on the next day of judicial business either to
20 dissolve the emergency injunction or to continue or modify it
21 in accordance with the other provisions of this section.
22 (3)(a) In every instance in which an injunction is
23 issued under this section, the purpose of the injunction shall
24 be primarily to protect and promote the best interests of the
25 child, taking the preservation of the child's immediate family
26 into consideration. The effective period of the injunction
27 shall be determined by the court, except that the injunction
28 will expire at the time of the disposition of the petition for
29 detention or dependency.
30 (b) The injunction shall apply to the alleged or
31 actual offender in a case of child abuse or an unlawful sexual
121
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 offense involving a child. The conditions of the injunction
2 shall be determined by the court, which conditions may include
3 ordering the alleged or actual offender to:
4 1. Refrain from further abuse or unlawful sexual
5 activity involving a child.
6 2. Participate in a specialized treatment program.
7 3. Limit contact or communication with the child
8 victim, other children in the home, or any other child.
9 4. Refrain from contacting the child at home, school,
10 work, or wherever the child may be found.
11 5. Have limited or supervised visitation with the
12 child.
13 6. Pay temporary support for the child or other family
14 members; the costs of medical, psychiatric, and psychological
15 treatment for the child victim incurred as a result of the
16 offenses; and similar costs for other family members.
17 7. Vacate the home in which the child resides.
18 (c) At any time prior to the disposition of the
19 petition, the alleged or actual offender may offer the court
20 evidence of changed circumstances as a ground to dissolve or
21 modify the injunction.
22 (4) A copy of any injunction issued pursuant to this
23 section shall be delivered to the protected party, or a parent
24 or caregiver or an individual acting in the place of a parent
25 who is not the respondent, and to any law enforcement agency
26 having jurisdiction to enforce such injunction. Upon delivery
27 of the injunction to the appropriate law enforcement agency,
28 the agency shall have the duty and responsibility to enforce
29 the injunction.
30 (5) Any person who fails to comply with an injunction
31 issued pursuant to this section is guilty of a misdemeanor of
122
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the first degree, punishable as provided in s. 775.082 or s.
2 775.083.
3 Section 49. Section 39.406, Florida Statutes, is
4 renumbered as section 39.505, Florida Statutes, and amended to
5 read:
6 39.505 39.406 No answer required.--No answer to the
7 petition or any other pleading need be filed by any child,
8 parent, or legal custodian, but any matters which might be set
9 forth in an answer or other pleading may be pleaded orally
10 before the court or filed in writing as any such person may
11 choose. Notwithstanding the filing of an answer or any
12 pleading, the respondent child or parent shall, prior to an
13 adjudicatory hearing, be advised by the court of the right to
14 counsel and shall be given an opportunity to deny the
15 allegations in the petition for dependency or to enter a plea
16 to allegations in the petition before the court.
17 Section 50. Section 39.408, Florida Statutes, is
18 renumbered as section 39.506, Florida Statutes, and amended to
19 read:
20 39.506 39.408 Arraignment hearings for dependency
21 cases.--
22 (1) ARRAIGNMENT HEARING.--
23 (a) When a child has been detained by order of the
24 court, an arraignment hearing must be held, within 7 days
25 after the date of filing of the dependency petition 14 days
26 from the date the child is taken into custody, for the parent,
27 guardian, or legal custodian to admit, deny, or consent to
28 findings of dependency alleged in the petition. If the parent,
29 guardian, or legal custodian admits or consents to the
30 findings in the petition, the court shall proceed as set forth
31 in the Florida Rules of Juvenile Procedure. However, if the
123
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 parent, guardian, or legal custodian denies any of the
2 allegations of the petition, the court shall hold an
3 adjudicatory hearing within 30 days after 7 days from the date
4 of the arraignment hearing unless a continuance is granted
5 pursuant to this chapter s. 39.402(11).
6 (2)(b) When a child is in the custody of the parent,
7 guardian, or legal custodian, upon the filing of a petition
8 the clerk shall set a date for an arraignment hearing within a
9 reasonable time after the date of the filing. If the parent,
10 guardian, or legal custodian admits or consents to an
11 adjudication, the court shall proceed as set forth in the
12 Florida Rules of Juvenile Procedure. However, if the parent,
13 guardian, or legal custodian denies any of the allegations of
14 dependency, the court shall hold an adjudicatory hearing
15 within a reasonable time after the date of the arraignment
16 hearing.
17 (3) Failure of a person served with notice to respond
18 or appear at the arraignment hearing constitutes the person's
19 consent to a dependency adjudication. The document containing
20 the notice to respond or appear must contain, in type at least
21 as large as the balance of the document, the following or
22 substantially similar language: "FAILURE TO RESPOND TO THIS
23 NOTICE OR TO PERSONALLY APPEAR AT THE ARRAIGNMENT HEARING
24 CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR
25 CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN) AND MAY
26 ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
27 CHILDREN)."
28 (4) At the arraignment hearing, each party shall
29 provide to the court a permanent mailing address. The court
30 shall advise each party that this address will be used by the
31 court and the petitioner for notice purposes unless and until
124
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the party notifies the court and the petitioner in writing of
2 a new mailing address.
3 (5)(c) If at the arraignment hearing the parent,
4 guardian, or legal custodian consents or admits to the
5 allegations in the petition, the court shall proceed to hold a
6 dispositional hearing no more than 15 days after the date of
7 the arraignment hearing unless a continuance is necessary at
8 the earliest practicable time that will allow for the
9 completion of a predisposition study.
10 (6) At any arraignment hearing, the court shall order
11 visitation rights absent a clear and convincing showing that
12 visitation is not in the best interest of the child.
13 (7) The court shall review whether the department has
14 made a reasonable effort to prevent or eliminate the need for
15 removal or continued removal of the child from the home. If
16 the court determines that the department has not made such an
17 effort, the court shall order the department to provide
18 appropriate and available services to assure the protection of
19 the child in the home when such services are necessary for the
20 child's physical, mental, or emotional health and safety.
21 (8) At the arraignment hearing, and no more than 15
22 days thereafter, the court shall review the necessity for the
23 child's continued placement in the shelter. The court shall
24 also make a written determination regarding the child's
25 continued placement in the shelter within 24 hours after any
26 violation of the time requirements for the filing of a
27 petition or prior to the court's granting any continuance as
28 specified in subsection (5).
29 (9) At the conclusion of the arraignment hearing, all
30 parties shall be notified in writing by the court of the date,
31 time, and location for the next scheduled hearing.
125
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (2) ADJUDICATORY HEARING.--
2 (a) The adjudicatory hearing shall be held as soon as
3 practicable after the petition for dependency is filed and in
4 accordance with the Florida Rules of Juvenile Procedure, but
5 reasonable delay for the purpose of investigation, discovery,
6 or procuring counsel or witnesses shall, whenever practicable,
7 be granted. If the child is in custody, the time limitations
8 provided in s. 39.402 and subsection (1) of this section
9 apply.
10 (b) Adjudicatory hearings shall be conducted by the
11 judge without a jury, applying the rules of evidence in use in
12 civil cases and adjourning the hearings from time to time as
13 necessary. In a hearing on a petition in which it is alleged
14 that the child is dependent, a preponderance of evidence will
15 be required to establish the state of dependency. Any evidence
16 presented in the dependency hearing which was obtained as the
17 result of an anonymous call must be independently
18 corroborated. In no instance shall allegations made in an
19 anonymous report of abuse be sufficient to support an
20 adjudication of dependency in the absence of corroborating
21 evidence.
22 (c) All hearings, except as provided in this section,
23 shall be open to the public, and a person may not be excluded
24 except on special order of the judge, who may close any
25 hearing to the public upon determining that the public
26 interest or the welfare of the child is best served by so
27 doing. However, the parents shall be allowed to obtain
28 discovery pursuant to the Florida Rules of Juvenile Procedure.
29 However, nothing in this paragraph shall be construed to
30 affect the provisions of s. 415.51(9). Hearings involving more
31 than one child may be held simultaneously when the children
126
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 involved are related to each other or were involved in the
2 same case. The child and the parents or legal custodians of
3 the child may be examined separately and apart from each
4 other.
5 (3) DISPOSITION HEARING.--At the disposition hearing,
6 if the court finds that the facts alleged in the petition for
7 dependency were proven in the adjudicatory hearing, or if the
8 parents have consented to the finding of dependency or
9 admitted the allegations in the petition, have failed to
10 appear for the arraignment hearing after proper notice, or
11 have not been located despite a diligent search having been
12 conducted, the court shall receive and consider a
13 predisposition study, which must be in writing and presented
14 by an authorized agent of the department.
15 (a) The predisposition study shall cover for any
16 dependent child all factors specified in s. 61.13(3), and must
17 also provide the court with the following documented
18 information:
19 1. An assessment defining the dangers and risks of
20 returning the child home, including a description of the
21 changes in and resolutions to the initial risks.
22 2. A description of what risks are still present and
23 what resources are available and will be provided for the
24 protection and safety of the child.
25 3. A description of the benefits of returning the
26 child home.
27 4. A description of all unresolved issues.
28 5. An abuse registry history for all caretakers,
29 family members, and individuals residing within the household.
30 6. The complete child protection team report and
31 recommendation or, if no report exists, a statement reflecting
127
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 that no report has been made.
2 7. All opinions or recommendations from other
3 professionals or agencies that provide evaluative, social,
4 reunification, or other services to the family.
5 8. The availability of appropriate prevention and
6 reunification services for the family to prevent the removal
7 of the child from the home or to reunify the child with the
8 family after removal, including the availability of family
9 preservation services through the Family Builders Program, the
10 Intensive Crisis Counseling Program, or both.
11 9. The inappropriateness of other prevention and
12 reunification services that were available.
13 10. The efforts by the department to prevent
14 out-of-home placement of the child or, when applicable, to
15 reunify the family if appropriate services were available,
16 including the application of intensive family preservation
17 services through the Family Builders Program, the Intensive
18 Crisis Counseling Program, or both.
19 11. Whether the services were provided to the family
20 and child.
21 12. If the services were provided, whether they were
22 sufficient to meet the needs of the child and the family and
23 to enable the child to remain at home or to be returned home.
24 13. If the services were not provided, the reasons for
25 such lack of action.
26 14. The need for, or appropriateness of, continuing
27 the services if the child remains in the custody of the family
28 or if the child is placed outside the home.
29 15. Whether family mediation was provided.
30 16. Whether a multidisciplinary case staffing was
31 conducted and, if so, the results.
128
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 17. If the child has been removed from the home and
2 there is a parent who may be considered for custody pursuant
3 to s. 39.41(1), a recommendation as to whether placement of
4 the child with that parent would be detrimental to the child.
5 (b) If placement of the child with anyone other than
6 the child's parent or custodian is being considered, the study
7 shall include the designation of a specific length of time as
8 to when custody by the parent or custodian will be
9 reconsidered.
10 (c) A copy of the predisposition study must be
11 furnished to all parties no later than 48 hours before the
12 disposition hearing.
13 (d) The predisposition study may not be made before
14 the adjudication of dependency unless the parents or
15 custodians of the child consent.
16
17 Any other relevant and material evidence, including other
18 written or oral reports, may be received by the court in its
19 effort to determine the action to be taken with regard to the
20 child and may be relied upon to the extent of its probative
21 value, even though not competent in an adjudicatory hearing.
22 Except as provided in paragraph (2)(c), nothing in this
23 section prohibits the publication of proceedings in a hearing.
24 (4) NOTICE OF HEARINGS.--The parent or legal custodian
25 of the child, the attorney for the department, the guardian ad
26 litem, and all other parties and participants shall be given
27 reasonable notice of all hearings provided for under this
28 section.
29 Section 51. Section 39.409, Florida Statutes, is
30 renumbered as section 39.507, Florida Statutes, and amended to
31 read:
129
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 39.507 39.409 Adjudicatory hearings; orders of
2 adjudication.--
3 (1)(a) The adjudicatory hearing shall be held as soon
4 as practicable after the petition for dependency is filed and
5 in accordance with the Florida Rules of Juvenile Procedure,
6 but no later than 30 days after the arraignment.
7 (b) Adjudicatory hearings shall be conducted by the
8 judge without a jury, applying the rules of evidence in use in
9 civil cases and adjourning the hearings from time to time as
10 necessary. In a hearing on a petition in which it is alleged
11 that the child is dependent, a preponderance of evidence will
12 be required to establish the state of dependency. Any evidence
13 presented in the dependency hearing which was obtained as the
14 result of an anonymous call must be independently
15 corroborated. In no instance shall allegations made in an
16 anonymous report of abuse, abandonment, or neglect be
17 sufficient to support an adjudication of dependency in the
18 absence of corroborating evidence.
19 (2) All hearings, except as provided in this section,
20 shall be open to the public, and a person may not be excluded
21 except on special order of the judge, who may close any
22 hearing to the public upon determining that the public
23 interest or the welfare of the child is best served by so
24 doing. However, the parents shall be allowed to obtain
25 discovery pursuant to the Florida Rules of Juvenile Procedure.
26 However, nothing in this subsection shall be construed to
27 affect the provisions of s. 39.202. Hearings involving more
28 than one child may be held simultaneously when the children
29 involved are related to each other or were involved in the
30 same case. The child and the parents, caregivers, or legal
31 custodians of the child may be examined separately and apart
130
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 from each other.
2 (3) Except as otherwise specifically provided, nothing
3 in this section prohibits the publication of the proceedings
4 in a hearing.
5 (4)(1) If the court finds at the adjudicatory hearing
6 that the child named in a petition is not dependent, it shall
7 enter an order so finding and dismissing the case.
8 (5)(2) If the court finds that the child named in the
9 petition is dependent, but finds that no action other than
10 supervision in the child's home is required, it may enter an
11 order briefly stating the facts upon which its finding is
12 based, but withholding an order of adjudication and placing
13 the child's home under the supervision of the department. If
14 the court later finds that the parents, caregivers, or legal
15 custodians of the child have not complied with the conditions
16 of supervision imposed, the court may, after a hearing to
17 establish the noncompliance, but without further evidence of
18 the state of dependency, enter an order of adjudication and
19 shall thereafter have full authority under this chapter to
20 provide for the child as adjudicated.
21 (6)(3) If the court finds that the child named in a
22 petition is dependent, but shall elect not to proceed under
23 subsection (5) (2), it shall incorporate that finding in an
24 order of adjudication entered in the case, briefly stating the
25 facts upon which the finding is made, and the court shall
26 thereafter have full authority under this chapter to provide
27 for the child as adjudicated.
28 (7) At the conclusion of the adjudicatory hearing, if
29 the child named in the petition is found dependent, the court
30 shall schedule the disposition hearing within 30 days after
31 the filing of the adjudicatory order. All parties shall be
131
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 notified in writing by the court of the date, time, and
2 location of the disposition hearing.
3 (8)(4) An order of adjudication by a court that a
4 child is dependent shall not be deemed a conviction, nor shall
5 the child be deemed to have been found guilty or to be a
6 criminal by reason of that adjudication, nor shall that
7 adjudication operate to impose upon the child any of the civil
8 disabilities ordinarily imposed by or resulting from
9 conviction or disqualify or prejudice the child in any civil
10 service application or appointment.
11 Section 52. Section 39.41, Florida Statutes, as
12 amended by chapter 97-276, Laws of Florida, is renumbered as
13 section 39.508, Florida Statutes, and amended to read:
14 39.508 39.41 Powers of disposition.--
15 (1) At the disposition hearing, if the court finds
16 that the facts alleged in the petition for dependency were
17 proven in the adjudicatory hearing, or if the parents,
18 caregivers, or legal custodians have consented to the finding
19 of dependency or admitted the allegations in the petition,
20 have failed to appear for the arraignment hearing after proper
21 notice, or have not been located despite a diligent search
22 having been conducted, the court shall receive and consider a
23 case plan and a predisposition study, which must be in writing
24 and presented by an authorized agent of the department.
25 (2) The predisposition study shall cover for any
26 dependent child all factors specified in s. 61.13(3), and must
27 also provide the court with the following documented
28 information:
29 (a) An assessment defining the dangers and risks of
30 returning the child home, including a description of the
31 changes in and resolutions to the initial risks.
132
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (b) A description of what risks are still present and
2 what resources are available and will be provided for the
3 protection and safety of the child.
4 (c) A description of the benefits of returning the
5 child home.
6 (d) A description of all unresolved issues.
7 (e) An abuse registry history and criminal records
8 check for all caregivers, family members, and individuals
9 residing within the household.
10 (f) The complete child protection team report and
11 recommendation or, if no report exists, a statement reflecting
12 that no report has been made.
13 (g) All opinions or recommendations from other
14 professionals or agencies that provide evaluative, social,
15 reunification, or other services to the family.
16 (h) The availability of appropriate prevention and
17 reunification services for the family to prevent the removal
18 of the child from the home or to reunify the child with the
19 family after removal, including the availability of family
20 preservation services through the Family Builders Program, the
21 Intensive Crisis Counseling Program, or both.
22 (i) The inappropriateness of other prevention and
23 reunification services that were available.
24 (j) The efforts by the department to prevent
25 out-of-home placement of the child or, when applicable, to
26 reunify the family if appropriate services were available,
27 including the application of intensive family preservation
28 services through the Family Builders Program, the Intensive
29 Crisis Counseling Program, or both.
30 (k) Whether the services were provided to the family
31 and child.
133
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (l) If the services were provided, whether they were
2 sufficient to meet the needs of the child and the family and
3 to enable the child to remain safely at home or to be returned
4 home.
5 (m) If the services were not provided, the reasons for
6 such lack of action.
7 (n) The need for, or appropriateness of, continuing
8 the services if the child remains in the custody of the family
9 or if the child is placed outside the home.
10 (o) Whether family mediation was provided.
11 (p) If the child has been removed from the home and
12 there is a parent, caregiver, or legal custodian who may be
13 considered for custody pursuant to this section, a
14 recommendation as to whether placement of the child with that
15 parent, caregiver, or legal custodian would be detrimental to
16 the child.
17 (q) If the child has been removed from the home and
18 will be remaining with a relative or caregiver, a home study
19 report shall be included in the predisposition report.
20
21 Any other relevant and material evidence, including other
22 written or oral reports, may be received by the court in its
23 effort to determine the action to be taken with regard to the
24 child and may be relied upon to the extent of its probative
25 value, even though not competent in an adjudicatory hearing.
26 Except as otherwise specifically provided, nothing in this
27 section prohibits the publication of proceedings in a hearing.
28 (3)(a) Prior to recommending to the court any
29 out-of-home placement for a child other than placement in a
30 licensed shelter or foster home, the department shall conduct
31 a study of the home of the proposed caregivers, which must
134
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 include, at a minimum:
2 1. An interview with the proposed adult caregivers to
3 assess their ongoing commitment and ability to care for the
4 child.
5 2. Records checks through the department's automated
6 abuse information system, and local and statewide criminal and
7 juvenile records checks through the Department of Law
8 Enforcement, on all household members 12 years of age or older
9 and any other persons made known to the department who are
10 frequent visitors in the home.
11 3. An assessment of the physical environment of the
12 home.
13 4. A determination of the financial security of the
14 proposed caregivers.
15 5. A determination of suitable child care arrangements
16 if the proposed caregivers are employed outside of the home.
17 6. Documentation of counseling and information
18 provided to the proposed caregivers regarding the dependency
19 process and possible outcomes.
20 7. Documentation that information regarding support
21 services available in the community has been provided to the
22 caregivers.
23 (b) The department shall not place the child or
24 continue the placement of the child in the home of the
25 proposed caregivers if the results of the home study are
26 unfavorable.
27 (4) If placement of the child with anyone other than
28 the child's parent, caregiver, or legal custodian is being
29 considered, the predisposition study shall include the
30 designation of a specific length of time as to when custody by
31 the parent, caregiver, or legal custodian will be
135
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 reconsidered.
2 (5) The predisposition study may not be made before
3 the adjudication of dependency unless the parents, caregivers,
4 or legal custodians of the child consent.
5 (6) A case plan and predisposition study must be filed
6 with the court and served upon the parents, caregivers, or
7 legal custodians of the child, provided to the representative
8 of the guardian ad litem program, if the program has been
9 appointed, and provided to all other parties not less than 72
10 hours before the disposition hearing. All such case plans must
11 be approved by the court. If the court does not approve the
12 case plan at the disposition hearing, the court must set a
13 hearing within 30 days after the disposition hearing to review
14 and approve the case plan.
15 (7) The initial judicial review must be held no later
16 than 90 days after the date of the disposition hearing or
17 after the date of the hearing at which the court approves the
18 case plan, but in no event shall the review be held later than
19 6 months after the date of the child's removal from the home.
20 (8)(1) When any child is adjudicated by a court to be
21 dependent, and the court finds that removal of the child from
22 the custody of a parent, legal custodian, or caregiver is
23 necessary, the court shall first determine whether there is a
24 parent with whom the child was not residing at the time the
25 events or conditions arose that brought the child within the
26 jurisdiction of the court who desires to assume custody of the
27 child and, if such parent requests custody, the court shall
28 place the child with the parent unless it finds that such
29 placement would endanger the safety, and well-being, or
30 physical, mental, or emotional health of the child. Any party
31 with knowledge of the facts may present to the court evidence
136
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 regarding whether the placement will endanger the safety, and
2 well-being, or physical, mental, or emotional health of the
3 child. If the court places the child with such parent, it may
4 do either of the following:
5 (a) Order that the parent become the legal and
6 physical custodian of the child. The court may also provide
7 for reasonable visitation by the noncustodial parent. The
8 court shall then terminate its jurisdiction over the child.
9 The custody order shall continue unless modified by a
10 subsequent order of the court. The order of the juvenile court
11 shall be filed in any dissolution or other custody action or
12 proceeding between the parents.
13 (b) Order that the parent assume custody subject to
14 the jurisdiction of the juvenile court. The court may order
15 that reunification services be provided to the parent,
16 caregiver, or legal custodian or guardian from whom the child
17 has been removed, that services be provided solely to the
18 parent who is assuming physical custody in order to allow that
19 parent to retain later custody without court jurisdiction, or
20 that services be provided to both parents, in which case the
21 court shall determine at every review hearings held every 6
22 months which parent, if either, shall have custody of the
23 child. The standard for changing custody of the child from one
24 parent to another or to a relative or caregiver must meet the
25 home study criteria and court approval pursuant to this
26 chapter at the review hearings shall be the same standard as
27 applies to changing custody of the child in a custody hearing
28 following a decree of dissolution of marriage.
29 (9)(2)(a) When any child is adjudicated by a court to
30 be dependent, the court having jurisdiction of the child has
31 the power, by order, to:
137
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 1. Require the parent, caregiver, or legal guardian,
2 or custodian, and the child when appropriate, to participate
3 in treatment and services identified as necessary.
4 2. Require the parent, caregiver, or legal guardian,
5 or custodian, and the child when appropriate, to participate
6 in mediation if the parent, caregiver, or legal guardian, or
7 custodian refused to participate in mediation under s.
8 39.4033.
9 3. Place the child under the protective supervision of
10 an authorized agent of the department, either in the child's
11 own home or, the prospective custodian being willing, in the
12 home of a relative of the child or of a caregiver an adult
13 nonrelative approved by the court, or in some other suitable
14 place under such reasonable conditions as the court may
15 direct. Whenever the child is placed under protective
16 supervision pursuant to this section, the department shall
17 prepare a case plan and shall file it with the court.
18 Protective supervision continues until the court terminates it
19 or until the child reaches the age of 18, whichever date is
20 first. Protective supervision shall may be terminated by the
21 court whenever the court determines that permanency has been
22 achieved for the child the child's placement, whether with a
23 parent, another relative, a legal custodian, or a caregiver,
24 or a nonrelative, is stable and that protective supervision is
25 no longer needed. The termination of supervision may be with
26 or without retaining jurisdiction, at the court's discretion,
27 and shall in either case be considered a permanency option for
28 the child. The order terminating supervision by the
29 department of Children and Family Services shall set forth the
30 powers of the custodian of the child and shall include the
31 powers ordinarily granted to a guardian of the person of a
138
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 minor unless otherwise specified.
2 4. Place the child in the temporary legal custody of
3 an adult relative or caregiver an adult nonrelative approved
4 by the court who is willing to care for the child.
5 5.a. When the parents have failed to comply with a
6 case plan and the court determines at a judicial review
7 hearing, or at an adjudication hearing held pursuant to s.
8 39.453, or at a hearing held pursuant to subparagraph (1)(a)7.
9 of this section, that neither reunification, termination of
10 parental rights, nor adoption is in the best interest of the
11 child, the court may place the child in the long-term custody
12 of an adult relative or caregiver adult nonrelative approved
13 by the court willing to care for the child, if the following
14 conditions are met:
15 (I) A case plan describing the responsibilities of the
16 relative or caregiver nonrelative, the department, and any
17 other party must have been submitted to the court.
18 (II) The case plan for the child does not include
19 reunification with the parents or adoption by the relative or
20 caregiver.
21 (III) The child and the relative or caregiver
22 nonrelative custodian are determined not to need protective
23 supervision or preventive services to ensure the stability of
24 the long-term custodial relationship, or the department
25 assures the court that protective supervision or preventive
26 services will be provided in order to ensure the stability of
27 the long-term custodial relationship.
28 (IV) Each party to the proceeding agrees that a
29 long-term custodial relationship does not preclude the
30 possibility of the child returning to the custody of the
31 parent at a later date.
139
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (V) The court has considered the reasonable preference
2 of the child if the court has found the child to be of
3 sufficient intelligence, understanding, and experience to
4 express a preference.
5 (VI) The court has considered the recommendation of
6 the guardian ad litem if one has been appointed.
7 b. The court shall retain jurisdiction over the case,
8 and the child shall remain in the long-term custody of the
9 relative or caregiver nonrelative approved by the court until
10 the order creating the long-term custodial relationship is
11 modified by the court. The court may relieve the department of
12 the responsibility for supervising the placement of the child
13 whenever the court determines that the placement is stable and
14 that such supervision is no longer needed. Notwithstanding
15 the retention of jurisdiction, the placement shall be
16 considered a permanency option for the child when the court
17 relieves the department of the responsibility for supervising
18 the placement. The order terminating supervision by the
19 department of Children and Family Services shall set forth the
20 powers of the custodian of the child and shall include the
21 powers ordinarily granted to a guardian of the person of a
22 minor unless otherwise specified. The court may modify the
23 order terminating supervision of the long-term relative or
24 caregiver nonrelative placement if it finds that a party to
25 the proceeding has shown a material change in circumstances
26 which causes the long-term relative or caregiver nonrelative
27 placement to be no longer in the best interest of the child.
28 6.a. Approve placement of the child in long-term
29 out-of-home foster care, when the following conditions are
30 met:
31 (I) The foster child is 16 years of age or older,
140
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 unless the court determines that the history or condition of a
2 younger child makes long-term out-of-home foster care the most
3 appropriate placement.
4 (II) The child demonstrates no desire to be placed in
5 an independent living arrangement pursuant to this subsection.
6 (III) The department's social services study pursuant
7 to part VIII s. 39.453(6)(a) recommends long-term out-of-home
8 foster care.
9 b. Long-term out-of-home foster care under the above
10 conditions shall not be considered a permanency option.
11 c. The court may approve placement of the child in
12 long-term out-of-home foster care, as a permanency option,
13 when all of the following conditions are met:
14 (I) The child is 14 years of age or older,
15 (II) The child is living in a licensed home and the
16 foster parents desire to provide care for the child on a
17 permanent basis and the foster parents and the child do not
18 desire adoption,
19 (III) The foster family has made a commitment to
20 provide for the child until he or she reaches the age of
21 majority and to prepare the child for adulthood and
22 independence, and
23 (IV) The child has remained in the home for a
24 continuous period of no less than 12 months.
25 (V) The foster parents and the child view one another
26 as family and consider living together as the best place for
27 the child to be on a permanent basis.
28 (VI) The department's social services study recommends
29 such placement and finds the child's well-being has been
30 promoted through living with the foster parents.
31 d. Notwithstanding the retention of jurisdiction and
141
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 supervision by the department, long-term out-of-home foster
2 care placements made pursuant to sub-subparagraph (2)(a)6.c.
3 of this section shall be considered a permanency option for
4 the child. For purposes of this subsection, supervision by
5 the department shall be defined as a minimum of semiannual
6 visits. The order placing the child in long-term out-of-home
7 foster care as a permanency option shall set forth the powers
8 of the custodian of the child and shall include the powers
9 ordinarily granted to a guardian of the person of a minor
10 unless otherwise specified. The court may modify the
11 permanency option of long-term out-of-home foster care if it
12 finds that a party to the proceeding has shown a material
13 change in circumstances which causes the placement to be no
14 longer in the best interests of the child.
15 e. Approve placement of the child in an independent
16 living arrangement for any foster child 16 years of age or
17 older, if it can be clearly established that this type of
18 alternate care arrangement is the most appropriate plan and
19 that the health, safety, and well-being of the child will not
20 be jeopardized by such an arrangement. While in independent
21 living situations, children whose legal custody has been
22 awarded to the department or a licensed child-caring or
23 child-placing agency, or who have been voluntarily placed with
24 such an agency by a parent, guardian, relative, or adult
25 nonrelative approved by the court, continue to be subject to
26 court review provisions.
27 7. Commit the child to a licensed child-caring agency
28 willing to receive the child. Continued commitment to the
29 licensed child-caring agency, as well as all other proceedings
30 under this section pertaining to the child, are also governed
31 by part V of this chapter.
142
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 7.8. Commit the child to the temporary legal custody
2 of the department. Such commitment invests in the department
3 all rights and responsibilities of a legal custodian. The
4 department shall not return any child to the physical care and
5 custody of the person from whom the child was removed, except
6 for short visitation periods, without the approval of the
7 court. The term of such commitment continues until terminated
8 by the court or until the child reaches the age of 18. After
9 the child is committed to the temporary custody of the
10 department, all further proceedings under this section are
11 also governed by part V of this chapter.
12 8.9.a. Change the temporary legal custody or the
13 conditions of protective supervision at a postdisposition
14 hearing subsequent to the initial detention hearing, without
15 the necessity of another adjudicatory hearing. A child who has
16 been placed in the child's own home under the protective
17 supervision of an authorized agent of the department, in the
18 home of a relative, in the home of a legal custodian or
19 caregiver nonrelative, or in some other place may be brought
20 before the court by the agent of the department who is
21 supervising the placement or by any other interested person,
22 upon the filing of a petition alleging a need for a change in
23 the conditions of protective supervision or the placement. If
24 the parents or other custodians deny the need for a change,
25 the court shall hear all parties in person or by counsel, or
26 both. Upon the admission of a need for a change or after such
27 hearing, the court shall enter an order changing the
28 placement, modifying the conditions of protective supervision,
29 or continuing the conditions of protective supervision as
30 ordered. The standard for changing custody of the child from
31 one parent to another or to a relative or caregiver must meet
143
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the home study criteria and court approval pursuant to this
2 chapter.
3 b. In cases where the issue before the court is
4 whether a child should be reunited with a parent, the court
5 shall determine whether the parent has substantially complied
6 with the terms of the case plan to the extent that the
7 well-being and safety, well-being, and physical, mental, and
8 emotional health of the child is not endangered by the return
9 of the child to the home.
10 10. Approve placement of the child in an independent
11 living arrangement for any foster child 16 years of age or
12 older, if it can be clearly established that this type of
13 alternate care arrangement is the most appropriate plan and
14 that the safety and welfare of the child will not be
15 jeopardized by such an arrangement. While in independent
16 living situations, children whose legal custody has been
17 awarded to the department or a licensed child-caring or
18 child-placing agency, or who have been voluntarily placed with
19 such an agency by a parent, guardian, relative, or adult
20 nonrelative approved by the court, continue to be subject to
21 the court review provisions of s. 39.453.
22 (b) The court shall, in its written order of
23 disposition, include all of the following:
24 1. The placement or custody of the child as provided
25 in paragraph (a).
26 2. Special conditions of placement and visitation.
27 3. Evaluation, counseling, treatment activities, and
28 other actions to be taken by the parties, if ordered.
29 4. The persons or entities responsible for supervising
30 or monitoring services to the child and family.
31 5. Continuation or discharge of the guardian ad litem,
144
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 as appropriate.
2 6. The date, time, and location of the next scheduled
3 review hearing, which must occur within 90 days after the
4 disposition hearing or within the earlier of:
5 a. Six months after the date of the last review
6 hearing; or
7 b. Six months after the date of the child's removal
8 from his or her home, if no review hearing has been held since
9 the child's removal from the home. The period of time or date
10 for any subsequent case review required by law.
11 7. Other requirements necessary to protect the health,
12 safety, and well-being of the child, to preserve the stability
13 of the child's educational placement, and to promote family
14 preservation or reunification whenever possible.
15 (c) If the court finds that the prevention or
16 reunification efforts of the department will allow the child
17 to remain safely at home or be safely returned to the home,
18 the court shall allow the child to remain in or return to the
19 home after making a specific finding of fact that the reasons
20 for removal have been remedied to the extent that the child's
21 safety, and well-being, and physical, mental, and emotional
22 health will not be endangered.
23 (d)(5)(a) If the court commits the child to the
24 temporary legal custody of the department, the disposition
25 order must include a written determination that the child
26 cannot safely remain at home with reunification or family
27 preservation services and that removal of the child is
28 necessary to protect the child. If the child has been removed
29 before the disposition hearing, the order must also include a
30 written determination as to whether, after removal, the
31 department has made a reasonable effort to reunify the family.
145
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 The department has the burden of demonstrating that it has
2 made reasonable efforts under this paragraph subsection.
3 1.(b) For the purposes of this paragraph subsection,
4 the term "reasonable effort" means the exercise of reasonable
5 diligence and care by the department to provide the services
6 delineated in the case plan.
7 2.(c) In support of its determination as to whether
8 reasonable efforts have been made, the court shall:
9 a.1. Enter written findings as to whether or not
10 prevention or reunification efforts were indicated.
11 b.2. If prevention or reunification efforts were
12 indicated, include a brief written description of what
13 appropriate and available prevention and reunification efforts
14 were made.
15 c.3. Indicate in writing why further efforts could or
16 could not have prevented or shortened the separation of the
17 family.
18 3.(d) A court may find that the department has made a
19 reasonable effort to prevent or eliminate the need for removal
20 if:
21 a.1. The first contact of the department with the
22 family occurs during an emergency.
23 b.2. The appraisal by the department of the home
24 situation indicates that it presents a substantial and
25 immediate danger to the child's safety or physical, mental, or
26 emotional health child which cannot be mitigated by the
27 provision of preventive services.
28 c.3. The child cannot safely remain at home, either
29 because there are no preventive services that can ensure the
30 health and safety of the child or, even with appropriate and
31 available services being provided, the health and safety of
146
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the child cannot be ensured.
2 4.(e) A reasonable effort by the department for
3 reunification of the family has been made if the appraisal of
4 the home situation by the department indicates that the
5 severity of the conditions of dependency is such that
6 reunification efforts are inappropriate. The department has
7 the burden of demonstrating to the court that reunification
8 efforts were inappropriate.
9 5.(f) If the court finds that the prevention or
10 reunification effort of the department would not have
11 permitted the child to remain safely at home, the court may
12 commit the child to the temporary legal custody of the
13 department or take any other action authorized by this chapter
14 part.
15 (10)(3)(a) When any child is adjudicated by the court
16 to be dependent and temporary legal custody of the child has
17 been placed with an adult relative, legal custodian, or
18 caregiver or adult nonrelative approved by the court willing
19 to care for the child, a licensed child-caring agency, or the
20 department, the court shall, unless a parent has voluntarily
21 executed a written surrender for purposes of adoption, order
22 the parents, or the guardian of the child's estate if
23 possessed of assets which under law may be disbursed for the
24 care, support, and maintenance of the child, to pay child
25 support to the adult relative, legal custodian, or caregiver
26 or nonrelative caring for the child, the licensed child-caring
27 agency, or the department. The court may exercise jurisdiction
28 over all child support matters, shall adjudicate the financial
29 obligation, including health insurance, of the child's parents
30 or guardian, and shall enforce the financial obligation as
31 provided in chapter 61. The state's child support enforcement
147
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 agency shall enforce child support orders under this section
2 in the same manner as child support orders under chapter 61.
3 (b) Placement of the child pursuant to subsection (8)
4 (1) shall not be contingent upon issuance of a support order.
5 (11)(4)(a) If the court does not commit the child to
6 the temporary legal custody of an adult relative, legal
7 custodian, or caregiver or adult nonrelative approved by the
8 court, the disposition order shall include the reasons for
9 such a decision and shall include a determination as to
10 whether diligent efforts were made by the department to locate
11 an adult relative, legal custodian, or caregiver willing to
12 care for the child in order to present that placement option
13 to the court instead of placement with the department.
14 (b) If diligent efforts are a diligent search is made
15 to locate an adult relative willing and able to care for the
16 child but, because no suitable relative is found, the child is
17 placed with the department or a legal custodian or caregiver
18 nonrelative custodian, both the department and the court shall
19 consider transferring temporary legal custody to an a willing
20 adult relative or adult nonrelative approved by the court at a
21 later date, but neither the department nor the court is
22 obligated to so place the child if it is in the child's best
23 interest to remain in the current placement. For the purposes
24 of this paragraph, "diligent efforts to locate an adult
25 relative" means a search similar to the diligent search for a
26 parent, but without the continuing obligation to search after
27 an initial adequate search is completed.
28 (12)(6) An agency granted legal custody shall have the
29 right to determine where and with whom the child shall live,
30 but an individual granted legal custody shall exercise all
31 rights and duties personally unless otherwise ordered by the
148
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 court.
2 (13)(7) In carrying out the provisions of this
3 chapter, the court may order the natural parents, caregivers,
4 or legal custodians guardian of a child who is found to be
5 dependent to participate in family counseling and other
6 professional counseling activities deemed necessary for the
7 rehabilitation of the child.
8 (14)(8) With respect to a child who is the subject in
9 proceedings under part V of this chapter, the court shall
10 issue to the department an order to show cause why it should
11 not return the child to the custody of the natural parents,
12 legal custodians, or caregivers upon expiration of the case
13 plan, or sooner if the parents, legal custodians, or
14 caregivers have substantially complied with the case plan.
15 (15)(9) The court may at any time enter an order
16 ending its jurisdiction over any child, except that, when a
17 child has been returned to the parents under subsection (14)
18 (8), the court shall not terminate its jurisdiction over the
19 child until 6 months after the child's return. Based on a
20 report of the department or agency or the child's guardian ad
21 litem, and any other relevant factors, the court shall then
22 determine whether its jurisdiction should be continued or
23 terminated in such a case; if its jurisdiction is to be
24 terminated, the court shall enter an order to that effect.
25 Section 53. Section 39.5085, Florida Statutes, is
26 created to read:
27 39.5085 Relative-Caregiver Program.--
28 (1) It is the intent of the Legislature in enacting
29 this section to:
30 (a) Recognize family relationships in which a
31 grandparent or other relative is the head of a household that
149
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 includes a child otherwise at risk of foster care placement.
2 (b) Enhance family preservation and stability by
3 recognizing that most children in such placements with
4 grandparents and other relatives do not need intensive
5 supervision of the placement by the courts or by the
6 department.
7 (c) Provide additional placement options and
8 incentives that will achieve permanency and stability for many
9 children who are otherwise at risk of foster care placement
10 because of abuse, abandonment, or neglect, but who may
11 successfully be able to be placed by the dependency court in
12 the care of such relatives.
13 (d) Reserve the limited casework and supervisory
14 resources of the courts and the department for those cases in
15 which children do not have the option for safe, stable care
16 within the family.
17 (2)(a) The Department of Children and Family Services
18 shall establish and operate the Relative-Caregiver Program
19 pursuant to eligibility guidelines established in this section
20 as further implemented by rule of the department. The
21 Relative-Caregiver Program shall, within the limits of
22 available funding, provide financial assistance to relatives
23 who are within the fifth degree by blood or marriage to the
24 parent or stepparent of a child and who are caring full-time
25 for that child in the role of substitute parent as a result of
26 a departmental determination of child abuse, neglect, or
27 abandonment and subsequent placement with the relative
28 pursuant to chapter 39. Such placement may be either
29 court-ordered temporary legal custody to the relative pursuant
30 to s. 39.508(9) or court-ordered placement in the home of a
31 relative under protective supervision of the department
150
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 pursuant to s. 39.508(9). The Relative-Caregiver Program shall
2 offer financial assistance to caregivers who are relatives and
3 who would be unable to serve in that capacity without the
4 relative-caregiver payment because of financial burden, thus
5 exposing the child to the trauma of placement in a shelter or
6 in foster care.
7 (b) Caregivers who are relatives and who receive
8 assistance under this section must be capable, as determined
9 by a home study, of providing a physically safe environment
10 and a stable, supportive home for the children under their
11 care, and must assure that the children's well-being is met,
12 including, but not limited to, the provision of immunizations,
13 education, and mental health services as needed.
14 (c) Relatives who qualify for and participate in the
15 Relative-Caregiver Program are not required to meet foster
16 care licensing requirements under s. 409.175.
17 (d) Relatives who are caring for children placed with
18 them by the child protection system shall receive a special
19 monthly relative-caregiver benefit established by rule of the
20 department. The amount of the special benefit payment shall be
21 based on the child's age within a payment schedule established
22 by rule of the department and subject to availability of
23 funding. The statewide average monthly rate for children
24 judicially placed with relatives who are not licensed as
25 foster homes may not exceed 82 percent of the statewide
26 average foster care rate, nor may the cost of providing the
27 assistance described in this section to any relative-caregiver
28 exceed the cost of providing out-of-home care in emergency
29 shelter or foster care.
30 (e) Children receiving cash benefits under this
31 section are not eligible to simultaneously receive WAGES cash
151
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 benefits under chapter 414.
2 (f) Within available funding, the Relative-Caregiver
3 Program shall provide relative-caregivers with family support
4 and preservation services, flexible funds in accordance with
5 s. 409.165, subsidized child care, and other available
6 services in order to support the child's safety, growth, and
7 healthy development. Children living with relative-caregivers
8 who are receiving assistance under this section shall be
9 eligible for medicaid coverage.
10 (g) The department may use appropriate available
11 state, federal, and private funds to operate the
12 Relative-Caregiver Program.
13 Section 54. Section 39.4105, Florida Statutes, is
14 renumbered as section 39.509, Florida Statutes, and amended to
15 read:
16 39.509 39.4105 Grandparents rights.--Notwithstanding
17 any other provision of law, a maternal or paternal grandparent
18 as well as a stepgrandparent is entitled to reasonable
19 visitation with his or her grandchild who has been adjudicated
20 a dependent child and taken from the physical custody of the
21 his or her parent, custodian, legal guardian, or caregiver
22 unless the court finds that such visitation is not in the best
23 interest of the child or that such visitation would interfere
24 with the goals of the case plan pursuant to s. 39.451.
25 Reasonable visitation may be unsupervised and, where
26 appropriate and feasible, may be frequent and continuing.
27 (1) Grandparent visitation may take place in the home
28 of the grandparent unless there is a compelling reason for
29 denying such a visitation. The department's caseworker shall
30 arrange the visitation to which a grandparent is entitled
31 pursuant to this section. The state shall not charge a fee
152
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 for any costs associated with arranging the visitation.
2 However, the grandparent shall pay for the child's cost of
3 transportation when the visitation is to take place in the
4 grandparent's home. The caseworker shall document the reasons
5 for any decision to restrict a grandparent's visitation.
6 (2) A grandparent entitled to visitation pursuant to
7 this section shall not be restricted from appropriate displays
8 of affection to the child, such as appropriately hugging or
9 kissing his or her grandchild. Gifts, cards, and letters from
10 the grandparent and other family members shall not be denied
11 to a child who has been adjudicated a dependent child.
12 (3) Any attempt by a grandparent to facilitate a
13 meeting between the child who has been adjudicated a dependent
14 child and the child's parent, custodian, legal guardian, or
15 caregiver in violation of a court order shall automatically
16 terminate future visitation rights of the grandparent.
17 (4) When the child has been returned to the physical
18 custody of his or her parent or permanent custodian, legal
19 guardian, or caregiver, the visitation rights granted pursuant
20 to this section shall terminate.
21 (5) The termination of parental rights does not affect
22 the rights of grandparents unless the court finds that such
23 visitation is not in the best interest of the child or that
24 such visitation would interfere with the goals of permanency
25 planning for the child.
26 (6)(5) In determining whether grandparental visitation
27 is not in the child's best interest, consideration may be
28 given to the finding of guilt, regardless of adjudication, or
29 entry or plea of guilty or nolo contendere to charges under
30 the following statutes, or similar statutes of other
31 jurisdictions: s. 787.04, relating to removing minors from
153
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the state or concealing minors contrary to court order; s.
2 794.011, relating to sexual battery; s. 798.02, relating to
3 lewd and lascivious behavior; chapter 800, relating to
4 lewdness and indecent exposure; or chapter 827, relating to
5 the abuse of children. Consideration may also be given to a
6 finding of confirmed abuse, abandonment, or neglect under ss.
7 415.101-415.113 or this chapter and ss. 415.502-415.514.
8 Section 55. Section 39.413, Florida Statutes, is
9 renumbered as section 39.5101, Florida Statutes, and
10 subsection (1) of said section is amended to read:
11 39.5101 39.413 Appeal.--
12 (1) Any child, any parent, guardian ad litem,
13 caregiver, or legal custodian of any child, any other party to
14 the proceeding who is affected by an order of the court, or
15 the department may appeal to the appropriate district court of
16 appeal within the time and in the manner prescribed by the
17 Florida Rules of Appellate Procedure. Appointed counsel shall
18 be compensated as provided in this chapter s. 39.415.
19 Section 56. Part VII of chapter 39, Florida Statutes,
20 consisting of sections 39.601, 39.602, and 39.603, Florida
21 Statutes, shall be entitled to read:
22 PART VII
23 CASE PLANS
24 Section 57. Section 39.4031, Florida Statutes, are
25 renumbered as section 39.601, Florida Statutes, and amended to
26 read:
27 39.601 39.4031 Case plan requirements.--
28 (1) The department or agent of the department shall
29 develop a case plan for each child or child's family receiving
30 services pursuant to this chapter who is a party to any
31 dependency proceeding, activity, or process under this part.
154
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 A parent, caregiver, or legal guardian, or custodian of a
2 child may not be required or nor coerced through threat of
3 loss of custody or parental rights to admit in the case plan
4 to abusing, neglecting, or abandoning a child. Where
5 dependency mediation services are available and appropriate to
6 the best interests of the child, the court may refer the case
7 to mediation for development of a case plan. This section does
8 not change the provisions of s. 39.807 39.464.
9 (2) The case plan must be:
10 (a) The case plan must be developed in conference with
11 the parent, caregiver, or legal guardian, or custodian of the
12 child and, if appropriate, the child and any court-appointed
13 guardian ad litem and, if appropriate, the child. Any parent
14 who believes that his or her perspective has not been
15 considered in the development of a case plan may request
16 referral to mediation pursuant to s. 39.4033 when such
17 services are available.
18 (b) The case plan must be written simply and clearly
19 in English and, if English is not the principal language of
20 the child's parent, caregiver, or legal guardian, or
21 custodian, to the extent possible in such principal language.
22 (c) The case plan must describe the minimum number of
23 face-to-face meetings to be held each month between the
24 parents, caregivers, or legal custodians and the department's
25 caseworkers to review progress of the plan, to eliminate
26 barriers to progress, and to resolve conflicts or
27 disagreements.
28 (d)(c) The case plan must be subject to modification
29 based on changing circumstances.
30 (e)(d) The case plan must be signed by all parties.
31 (f)(e) The case plan must be reasonable, accurate, and
155
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 in compliance with the requirements of other court orders.
2 (2)(3) When the child or family is receiving services
3 in the child's home, the case plan must be developed within 30
4 days from the date of the department's initial contact with
5 the child, or within 30 days of the date of a disposition
6 order placing the child under the protective supervision of
7 the department in the child's own home, and must include, in
8 addition to the requirements in subsection (1) (2), at a
9 minimum:
10 (a) A description of the problem being addressed that
11 includes the behavior or act of a parent, legal custodian, or
12 caregiver resulting in risk to the child and the reason for
13 the department's intervention.
14 (b) A description of the services to be provided to
15 the family and child specifically addressing the identified
16 problem, including:
17 1. Type of services or treatment.
18 2. Frequency of services or treatment.
19 3. Location of the delivery of the services.
20 4. The accountable department staff or service
21 provider.
22 5. The need for a multidisciplinary case staffing
23 under s. 39.4032.
24 (c) A description of the measurable objectives,
25 including timeframes for achieving objectives, addressing the
26 identified problem.
27 (3)(4) When the child is receiving services in a
28 placement outside the child's home or in foster care, the case
29 plan must be submitted to the court for approval at the
30 disposition hearing prepared within 30 days after placement
31 and also be approved by the court and must include, in
156
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 addition to the requirements in subsections (1) and (2) and
2 (3), at a minimum:
3 (a) A description of the permanency goal for the
4 child, including the type of placement. Reasonable efforts to
5 place a child for adoption or with a legal guardian may be
6 made concurrently with reasonable efforts to prevent removal
7 of the child from the home or make it possible for the child
8 to return safely home.
9 (b) A description of the type of home or institution
10 in which the child is to be placed.
11 (c) A description of the financial support obligation
12 to the child, including health insurance, of the child's
13 parent, parents, caregiver, or legal custodian or guardian.
14 (d) A description of the visitation rights and
15 obligations of the parent or parents, caregiver, or legal
16 custodian during the period the child is in care.
17 (e) A discussion of the safety and appropriateness of
18 the child's placement, which placement is intended to be safe,
19 in the least restrictive and most family-like setting
20 available consistent with the best interest and special needs
21 of the child, and in as close proximity as possible to the
22 child's home. The plan must also establish the role for the
23 foster parents or custodians in the development of the
24 services that are to be provided to the child, foster parents,
25 or legal custodians. It must also address the child's need for
26 services while under the jurisdiction of the court and
27 implementation of these services in the case plan.
28 (f) A description of the efforts to be undertaken to
29 maintain the stability of the child's educational placement.
30 (g)(f) A discussion of the department's plans to carry
31 out the judicial determination made by the court, with respect
157
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 to the child, in accordance with this chapter and applicable
2 federal regulations.
3 (h)(g) A description of the plan for assuring that
4 services outlined in the case plan are provided to the child
5 and the child's parent or parents, legal custodians, or
6 caregivers, to improve the conditions in the family home and
7 facilitate either the safe return of the child to the home or
8 the permanent placement of the child.
9 (i)(h) A description of the plan for assuring that
10 services as outlined in the case plan are provided to the
11 child and the child's parent or parents, legal custodians, or
12 caregivers, to address the needs of the child and a discussion
13 of the appropriateness of the services.
14 (j)(i) A description of the plan for assuring that
15 services are provided to the child and foster parents to
16 address the needs of the child while in foster care, which
17 shall include an itemized list of costs to be borne by the
18 parent or caregiver associated with any services or treatment
19 that the parent and child are expected to receive.
20 (k)(j) A written notice to the parent that failure of
21 the parent to substantially comply with the case plan may
22 result in the termination of parental rights, and that a
23 material failure to substantially comply may result in the
24 filing of a petition for termination of parental rights sooner
25 than the compliance periods set forth in the case plan itself.
26 The child protection team shall coordinate its effort with the
27 case staffing committee.
28 (l) In the case of a child for whom the permanency
29 plan is adoption or placement in another permanent home,
30 documentation of the steps the agency is taking to find an
31 adoptive family or other permanent living arrangement for the
158
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 child; to place the child with an adoptive family, with a fit
2 and willing relative, with a legal guardian, or in another
3 planned permanent living arrangement; and to finalize the
4 adoption or legal guardianship. At a minimum, such
5 documentation shall include child-specific recruitment efforts
6 such as the use of state, regional, and national adoption
7 exchanges, including electronic exchange systems.
8 (4)(5) In the event that the parents, legal
9 custodians, or caregivers are unwilling or unable to
10 participate in the development of a case plan, the department
11 shall document that unwillingness or inability to participate.
12 Such documentation must be provided and provide in writing to
13 the parent, legal custodians, or caregivers when available for
14 the court record, and then the department shall prepare a case
15 plan conforming as nearly as possible with the requirements
16 set forth in this section. The unwillingness or inability of
17 the parents, legal custodians, or caregivers to participate in
18 the development of a case plan shall not in itself bar the
19 filing of a petition for dependency or for termination of
20 parental rights. The parents, legal custodians, or caregivers,
21 if available, must be provided a copy of the case plan and be
22 advised that they may, at any time prior to the filing of a
23 petition for termination of parental rights, enter into a case
24 plan and that they may request judicial review of any
25 provision of the case plan with which they disagree at any
26 court review hearing set for the child.
27 (5)(6) The services delineated in the case plan must
28 be designed to improve the conditions in the family home and
29 aid in maintaining the child in the home, to facilitate the
30 safe return of the child to the family home, or to facilitate
31 the permanent placement of the child. The service intervention
159
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 must be the least intrusive possible into the life of the
2 family, must focus on clearly defined objectives, and must
3 provide the most efficient path to quick reunification or
4 permanent placement, with the child's health and safety being
5 paramount. To the extent possible, the service intervention
6 must be grounded in outcome evaluation results that
7 demonstrate success in the reunification or permanent
8 placement process. In designing service interventions,
9 generally recognized standards of the professions involved in
10 the process must be taken into consideration.
11 (6) After jurisdiction attaches, all case plans must
12 be filed with the court and a copy provided to the parents,
13 caregivers, or legal custodians of the child, to the
14 representative of the guardian ad litem program if the program
15 has been appointed, and to all other parties, not less than 72
16 hours before the disposition hearing. All such case plans must
17 be approved by the court. The department shall also file with
18 the court all case plans prepared before jurisdiction of the
19 court attached. If the court does not accept the case plan,
20 the court shall require the parties to make necessary
21 modifications to the plan. An amended plan must be submitted
22 to the court for review and approval within 30 days after the
23 hearing on the case plan.
24 (7) The case plan must be limited to as short a period
25 as possible for the accomplishment of its provisions. Unless
26 extended, the plan expires no later than 12 months after the
27 date the child was initially removed from the home or the date
28 the case plan was accepted by the court, whichever comes
29 first.
30 (8) The case plan must meet applicable federal and
31 state requirements.
160
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (9)(a) In each case in which the custody of a child
2 has been vested, either voluntarily or involuntarily, in the
3 department and the child has been placed in out-of-home care,
4 a case plan must be prepared within 60 days after the
5 department removes the child from the home, and shall be
6 submitted to the court before the disposition hearing, for the
7 court to review and accept. If the preparation of a case plan,
8 in conference with the parents and other pertinent parties,
9 cannot be completed before the disposition hearing, for good
10 cause shown, the court may grant an extension not to exceed 30
11 days and set a hearing to review and accept the case plan.
12 (b) The parent or parents, legal custodians, or
13 caregivers may receive assistance from any person, or social
14 service agency in the preparation of the case plan.
15 (c) The social service agency, the department, and the
16 court, when applicable, shall inform the parent or parents,
17 legal custodians, or caregivers of the right to receive such
18 assistance, including the right to assistance of counsel.
19 (d) Before the signing of the case plan, the
20 authorized agent of the department shall explain it to all
21 persons involved in its implementation, including, when
22 appropriate, the child.
23 (e) After the case plan has been agreed upon and
24 signed by the parties involved, a copy of the plan must be
25 given immediately to the parents, the department or agency,
26 the foster parents or caregivers, the legal custodian, the
27 caregiver, the representative of the guardian ad litem program
28 if the program is appointed, and any other parties identified
29 by the court, including the child, if appropriate.
30 (f) The case plan may be amended at any time if all
31 parties are in agreement regarding the revisions to the plan
161
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 and the plan is submitted to the court with a memorandum of
2 explanation. The case plan may also be amended by the court or
3 upon motion of any party at a hearing, based on competent
4 evidence demonstrating the need for the amendment. A copy of
5 the amended plan must be immediately given to the parties
6 specified in paragraph (e).
7 (10) A case plan must be prepared, but need not be
8 submitted to the court, for a child who will be in care no
9 longer than 30 days unless that child is placed in out-of-home
10 care a second time within a 12-month period.
11 Section 58. Section 39.452, Florida Statutes, is
12 renumbered as section 39.602, Florida Statutes, and amended to
13 read:
14 39.602 39.452 Case planning when parents, legal
15 custodians, or caregivers do not participate and the child is
16 in out-of-home foster care.--
17 (1)(a) In the event the parents, legal custodians, or
18 caregivers will not or cannot participate in preparation of a
19 case plan, the department shall submit a full explanation of
20 the circumstances and a plan for the permanent placement of
21 the child to the court within 30 days after the child has been
22 removed from the home and placed in temporary foster care and
23 schedule a court hearing within 30 days after submission of
24 the plan to the court to review and accept or modify the plan.
25 If preparation cannot be accomplished within 30 days, for good
26 cause shown, the court may grant extensions not to exceed 15
27 days each for the filing, the granting of which shall be for
28 similar reason to that contained in s. 39.451(4)(a).
29 (b) In the full explanation of the circumstances
30 submitted to the court, the department shall state the nature
31 of its efforts to secure such persons' parental participation
162
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 in the preparation of a case plan.
2 (2) In a case in which the physical, emotional, or
3 mental condition or physical location of the parent is the
4 basis for the parent's nonparticipation, it is the burden of
5 the department to provide substantial evidence to the court
6 that such condition or location has rendered the parent unable
7 or unwilling to participate in the preparation of a case plan,
8 either pro se or through counsel. The supporting documentation
9 must be submitted to the court at the time the plan is filed.
10 (3) The plan must include, but need not be limited to,
11 the specific services to be provided by the department, the
12 goals and plans for the child, and the time for accomplishing
13 the provisions of the plan and for accomplishing permanence
14 for the child.
15 (4)(a) At least 72 Seventy-two hours prior to the
16 filing of a plan, all parties each parent must be provided
17 with a copy of the plan developed by the department. If the
18 location of one or both parents is unknown, this must be
19 documented in writing and included in the plan submitted to
20 the court. After the filing of the plan, if the location of
21 an absent parent becomes known, that parent must be served
22 with a copy of the plan.
23 (b) Before the filing of the plan, the department
24 shall advise each parent, both orally and in writing, that the
25 failure of the parents to substantially comply with a plan
26 which has reunification as its primary goal may result in the
27 termination of parental rights, but only after notice and
28 hearing as provided in this chapter part VI. If, after the
29 plan has been submitted to the court, an absent parent is
30 located, the department shall advise the parent, both orally
31 and in writing, that the failure of the parents to
163
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 substantially comply with a plan which has reunification as
2 its goal may result in termination of parental rights, but
3 only after notice and hearing as provided in this chapter part
4 VI. Proof of written notification must be filed with the
5 court.
6 (5)(a) The court shall set a hearing, with notice to
7 all parties, on the plan or any provisions of the plan, within
8 30 days after the plan has been received by the court. If the
9 location of a parent is unknown, the notice must be directed
10 to the last permanent address of record.
11 (b) At the hearing on the plan, the court shall
12 determine:
13 1. All parties who were notified and are in attendance
14 at the hearing, either in person or through a legal
15 representative. The court shall appoint a guardian ad litem
16 under Rule 1.210, Florida Rules of Civil Procedure, to
17 represent the interests of any parent, if the location of the
18 parent is known but the parent is not present at the hearing
19 and the development of the plan is based upon the physical,
20 emotional, or mental condition or physical location of the
21 parent.
22 2. If the plan is consistent with previous orders of
23 the court placing the child in care.
24 3. If the plan is consistent with the requirements for
25 the content of a plan as specified in subsection (3).
26 4. In involuntary placements, whether each parent was
27 notified of the right to counsel at each stage of the
28 dependency proceedings, in accordance with the Florida Rules
29 of Juvenile Procedure.
30 5. Whether each parent whose location was known was
31 notified of the right to participate in the preparation of a
164
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 case plan and of the right to receive assistance from any
2 other person in the preparation of the case plan.
3 6. Whether the plan is meaningful and designed to
4 address facts and circumstances upon which the court based the
5 finding of dependency in involuntary placements or the plan is
6 meaningful and designed to address facts and circumstances
7 upon which the child was placed in foster care voluntarily.
8 (c) When the court determines any of the elements
9 considered at the hearing related to the plan have not been
10 met, the court shall require the parties to make necessary
11 amendments to the plan. The amended plan must be submitted to
12 the court for review and approval within a time certain
13 specified by the court. A copy of the amended plan must also
14 be provided to each parent, if the location of the parent is
15 known.
16 (d) A parent who has not participated in the
17 development of a case plan must be served with a copy of the
18 plan developed by the department if the parent can be located
19 at least 72 hours prior to the court hearing. Any parent is
20 entitled to, and may seek, a court review of the plan prior to
21 the initial 6 months' review and must be informed of this
22 right by the department at the time the department serves the
23 parent with a copy of the plan. If the location of an absent
24 parent becomes known to the department, the department shall
25 inform the parent of the right to a court review at the time
26 the department serves the parent with a copy of the case plan.
27 Section 59. Section 39.603, Florida Statutes, is
28 created to read:
29 39.603 Court approvals of case planning.
30 (1) At the hearing on the plan, which shall occur in
31 conjunction with the disposition hearing unless otherwise
165
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 directed by the court, the court shall determine:
2 (a) All parties who were notified and are in
3 attendance at the hearing, either in person or through a legal
4 representative. The court shall appoint a guardian ad litem
5 under Rule 1.210, Florida Rules of Civil Procedure, to
6 represent the interests of any parent, if the location of the
7 parent is known but the parent is not present at the hearing
8 and the development of the plan is based upon the physical,
9 emotional, or mental condition or physical location of the
10 parent.
11 (b) If the plan is consistent with previous orders of
12 the court placing the child in care.
13 (c) If the plan is consistent with the requirements
14 for the content of a plan as specified in this chapter.
15 (d) In involuntary placements, whether each parent was
16 notified of the right to counsel at each stage of the
17 dependency proceedings, in accordance with the Florida Rules
18 of Juvenile Procedure.
19 (e) Whether each parent whose location was known was
20 notified of the right to participate in the preparation of a
21 case plan and of the right to receive assistance from any
22 other person in the preparation of the case plan.
23 (f) Whether the plan is meaningful and designed to
24 address facts and circumstances upon which the court based the
25 finding of dependency in involuntary placements or the plan is
26 meaningful and designed to address facts and circumstances
27 upon which the child was placed in out-of-home care
28 voluntarily.
29 (2) When the court determines any of the elements
30 considered at the hearing related to the plan have not been
31 met, the court shall require the parties to make necessary
166
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 amendments to the plan. The amended plan must be submitted to
2 the court for review and approval within a time certain
3 specified by the court. A copy of the amended plan must also
4 be provided to each parent, if the location of the parent is
5 known.
6 (3) A parent who has not participated in the
7 development of a case plan must be served with a copy of the
8 plan developed by the department, if the parent can be
9 located, at least 48 hours prior to the court hearing. Any
10 parent is entitled to, and may seek, a court review of the
11 plan prior to the initial review and must be informed of this
12 right by the department at the time the department serves the
13 parent with a copy of the plan. If the location of an absent
14 parent becomes known to the department, the department shall
15 inform the parent of the right to a court review at the time
16 the department serves the parent with a copy of the case plan.
17 Section 60. Part VIII of chapter 39, Florida Statutes,
18 consisting of sections 39.701, 39.702, 39.703, and 39.704,
19 Florida Statutes, shall be entitled to read:
20 PART VIII
21 JUDICIAL REVIEWS
22 Section 61. Section 39.453, Florida Statutes, is
23 renumbered as section 39.701, Florida Statutes, and amended to
24 read:
25 39.701 39.453 Judicial review.--
26 (1)(a) The court shall have continuing jurisdiction in
27 accordance with this section and shall review the status of
28 the child as required by this subsection or more frequently if
29 the court deems it necessary or desirable.
30 (b) The court shall retain jurisdiction over a child
31 returned to its parents, caregivers, or legal guardians for a
167
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 period of 6 months, but, at that time, based on a report of
2 the social service agency and the guardian ad litem, if one
3 has been appointed, and any other relevant factors, the court
4 shall make a determination as to whether its jurisdiction
5 shall continue or be terminated.
6 (c) After termination of parental rights, the court
7 shall retain jurisdiction over any child for whom custody is
8 given to a social service agency until the child is adopted.
9 The jurisdiction of the court after termination of parental
10 rights and custody is given to the agency is for the purpose
11 of reviewing the status of the child and the progress being
12 made toward permanent adoptive placement. As part of this
13 continuing jurisdiction, for good cause shown by the guardian
14 ad litem for the child, the court may review the
15 appropriateness of the adoptive placement of the child.
16 (2)(a) The court shall review the status of the child
17 and shall hold a hearing as provided in this part subsection
18 (7). The court may dispense with the attendance of the child
19 at the hearing, but may not dispense with the hearing or the
20 presence of other parties to the review unless before the
21 review a hearing is held before a citizen review panel.
22 (b) Citizen review panels may be established under s.
23 39.4531 to conduct hearings to a review of the status of a
24 child. The court shall select the cases appropriate for
25 referral to the citizen review panels and may order the
26 attendance of the parties at the review panel hearings.
27 However, any party may object to the referral of a case to a
28 citizen review panel. Whenever such an objection has been
29 filed with the court, the court shall review the substance of
30 the objection and may conduct the review itself or refer the
31 review to a citizen review panel. All parties retain the right
168
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 to take exception to the findings or recommended orders of a
2 citizen review panel in accordance with Rule 1.490(h), Florida
3 Rules of Civil Procedure.
4 (c) Notice of a hearing by a citizen review panel must
5 be provided as set forth in subsection (5). At the conclusion
6 of a citizen review panel hearing, each party may propose a
7 recommended order to the chairperson of the panel. Thereafter,
8 the citizen review panel shall submit its report, copies of
9 the proposed recommended orders, and a copy of the panel's
10 recommended order to the court. The citizen review panel's
11 recommended order must be limited to the dispositional options
12 available to the court in subsection (8). Each party may file
13 exceptions to the report and recommended order of the citizen
14 review panel in accordance with Rule 1.490, Florida Rules of
15 Civil Procedure.
16 (3)(a) The initial judicial review must be held no
17 later than 90 days after the date of the disposition hearing
18 or after the date of the hearing at which the court approves
19 the case plan, but in no event shall the review be held later
20 than 6 months after the date the child was removed from the
21 home. Citizen review panels shall not conduct more than two
22 consecutive reviews without the child and the parties coming
23 before the court for a judicial review. If the child remains
24 in shelter or foster care, subsequent judicial reviews must be
25 held at least every 6 months after the date of the most recent
26 judicial review until the child is 13 years old and has been
27 in foster care at least 18 months.
28 (b) If the court extends any the case plan beyond 12
29 18 months, judicial reviews must be held at least every 6
30 months for children under the age of 13 and at least annually
31 for children age 13 and older.
169
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (c) If the child is placed in the custody of the
2 department or a licensed child-placing agency for the purpose
3 of adoptive placement, judicial reviews must be held at least
4 every 6 months until adoptive placement, to determine the
5 appropriateness of the current placement and the progress made
6 toward adoptive placement.
7 (d) If the department and the court have established a
8 formal agreement that includes specific authorization for
9 particular cases, the department may conduct administrative
10 reviews instead of the judicial reviews for children in
11 out-of-home foster care. Notices of such administrative
12 reviews must be provided to all parties. However, an
13 administrative review may not be substituted for the first
14 judicial review, and in every case the court must conduct a
15 judicial review at least every 6 12 months. Any party
16 dissatisfied with the results of an administrative review may
17 petition for a judicial review.
18 (e) The clerk of the circuit court shall schedule
19 judicial review hearings in order to comply with the mandated
20 times cited in this section paragraphs (a)-(d).
21 (f) In each case in which a child has been voluntarily
22 placed with the licensed child-placing agency, the agency
23 shall notify the clerk of the court in the circuit where the
24 child resides of such placement within 5 working days.
25 Notification of the court is not required for any child who
26 will be in out-of-home foster care no longer than 30 days
27 unless that child is placed in out-of-home foster care a
28 second time within a 12-month period. If the child is returned
29 to the custody of the parents, caregiver, or legal custodian
30 or guardian before the scheduled review hearing or if the
31 child is placed for adoption, the child-placing agency shall
170
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 notify the court of the child's return or placement within 5
2 working days, and the clerk of the court shall cancel the
3 review hearing.
4 (4) The court shall schedule the date, time, and
5 location of the next judicial review in the judicial review
6 order. The social service agency shall file a petition for
7 review with the court within 10 calendar days after the
8 judicial review hearing. The petition must include a statement
9 of the dispositional alternatives available to the court. The
10 petition must accompany the notice of the hearing served upon
11 persons specified in subsection (5).
12 (5) Notice of a judicial review hearing or a citizen
13 review panel the hearing, and a copy of the motion for
14 judicial review petition, including a statement of the
15 dispositional alternatives available to the court, must be
16 served by the court upon:
17 (a) The social service agency charged with the
18 supervision of care, custody, or guardianship of the child, if
19 that agency is not the movant petitioner.
20 (b) The foster parent or parents or caregivers
21 caretakers in whose home the child resides.
22 (c) The parent, caregiver, or legal custodian
23 guardian, or relative from whom the care and custody of the
24 child have been transferred.
25 (d) The guardian ad litem for the child, or the
26 representative of the guardian ad litem program if the program
27 one has been appointed.
28 (e) Any preadoptive parent.
29 (f)(e) Such other persons as the court may in its
30 discretion direct.
31 (6)(a) Prior to every judicial review hearing or
171
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 citizen review panel hearing, the social service agency shall
2 make an investigation and social study concerning all
3 pertinent details relating to the child and shall furnish to
4 the court or citizen review panel a written report that
5 includes, but is not limited to:
6 1. A description of the type of placement the child is
7 in at the time of the hearing, including the safety of the
8 child and the continuing necessity for and appropriateness of
9 the placement.
10 2. Documentation of the diligent efforts made by all
11 parties to the case plan to comply with each applicable
12 provision of the plan.
13 3. The amount of fees assessed and collected during
14 the period of time being reported.
15 4. The services provided to the foster family or
16 caregivers caretakers in an effort to address the needs of the
17 child as indicated in the case plan.
18 5. A statement that concerning whether the parent or
19 legal custodian guardian, though able to do so, did not comply
20 substantially with the provisions of the case plan and the
21 agency recommendations or a statement that the parent or legal
22 custodian guardian did substantially comply with such
23 provisions.
24 6. A statement from the foster parent or parents or
25 caregivers caretakers providing any material evidence
26 concerning the return of the child to the parent or parents or
27 legal custodians.
28 7. A statement concerning the frequency, duration, and
29 results of the parent-child visitation, if any, and the agency
30 recommendations for an expansion or restriction of future
31 visitation.
172
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 8. The number of times a child has been removed from
2 his or her home and placed elsewhere, the number and types of
3 placements that have occurred, and the reason for the changes
4 in placement.
5 9. The number of times a child's educational placement
6 has been changed, the number and types of educational
7 placements that have occurred, and the reason for any change
8 in placement.
9 (b) A copy of the social service agency's written
10 report must be provided to the attorney of record of the
11 parent, parents, or legal custodians guardian; to the parent,
12 parents, or legal custodians guardian; to the foster parents
13 or caregivers caretakers; to each citizen review panel
14 established under s. 39.4531; and to the guardian ad litem for
15 the child, or the representative of the guardian ad litem
16 program if the program one has been appointed by the court, at
17 least 48 hours before the judicial review hearing, or citizen
18 review panel hearing if such a panel has been established
19 under s. 39.4531. The requirement for providing parents or
20 legal custodians guardians with a copy of the written report
21 does not apply to those parents or legal custodians guardians
22 who have voluntarily surrendered their child for adoption.
23 (c) In a case in which the child has been permanently
24 placed with the social service agency, the agency shall
25 furnish to the court a written report concerning the progress
26 being made to place the child for adoption. If, as stated in
27 s. 39.451(1), the child cannot be placed for adoption, a
28 report on the progress made by the child in alternative
29 permanency goals or placements, including, but not limited to,
30 long-term foster care, independent living, custody to a
31 relative or caregiver adult nonrelative approved by the court
173
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 on a permanent basis with or without legal guardianship, or
2 custody to a foster parent or caregiver on a permanent basis
3 with or without legal guardianship, must be submitted to the
4 court. The report must be submitted to the court at least 48
5 hours before each scheduled judicial review.
6 (d) In addition to or in lieu of any written statement
7 provided to the court, the foster parent or caregivers, or any
8 preadoptive parent, caretakers shall be given the opportunity
9 to address the court with any information relevant to the best
10 interests of the child at any judicial review hearing.
11 (7) The court, and any citizen review panel
12 established under s. 39.4531, shall take into consideration
13 the information contained in the social services study and
14 investigation and all medical, psychological, and educational
15 records that support the terms of the case plan; testimony by
16 the social services agency, the parent or legal custodian
17 guardian, the foster parent or caregivers caretakers, the
18 guardian ad litem if one has been appointed for the child, and
19 any other person deemed appropriate; and any relevant and
20 material evidence submitted to the court, including written
21 and oral reports to the extent of their probative value. In
22 its deliberations, the court, and any citizen review panel
23 established under s. 39.4531, shall seek to determine:
24 (a) If the parent or legal custodian guardian was
25 advised of the right to receive assistance from any person or
26 social service agency in the preparation of the case plan.
27 (b) If the parent or legal custodian guardian has been
28 advised of the right to have counsel present at the judicial
29 review or citizen review hearings. If not so advised, the
30 court or citizen review panel shall advise the parent or legal
31 custodian guardian of such right.
174
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (c) If a guardian ad litem needs to be appointed for
2 the child in a case in which a guardian ad litem has not
3 previously been appointed or if there is a need to continue a
4 guardian ad litem in a case in which a guardian ad litem has
5 been appointed.
6 (d) The compliance or lack of compliance of all
7 parties with applicable items of the case plan, including the
8 parents' compliance with child support orders.
9 (e) The compliance or lack of compliance with a
10 visitation contract between the parent, caregiver, or legal
11 custodian or guardian and the social service agency for
12 contact with the child, including the frequency, duration, and
13 results of the parent-child visitation and the reason for any
14 noncompliance.
15 (f) The compliance or lack of compliance of the
16 parent, caregiver, or legal custodian or guardian in meeting
17 specified financial obligations pertaining to the care of the
18 child, including the reason for failure to comply if such is
19 the case.
20 (g) The appropriateness of the child's current
21 placement, including whether the child is in a setting which
22 is as family-like and as close to the parent's home as
23 possible, consistent with the child's best interests and
24 special needs, and including maintaining stability in the
25 child's educational placement.
26 (h) A projected date likely for the child's return
27 home or other permanent placement.
28 (i) When appropriate, the basis for the unwillingness
29 or inability of the parent, caregiver, or legal custodian or
30 guardian to become a party to a case plan. The court and the
31 citizen review panel shall determine if the nature of the
175
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 location or the condition of the parent and the efforts of the
2 social service agency to secure party parental participation
3 in a case plan were sufficient.
4 (8)(a) Based upon the criteria set forth in subsection
5 (7) and the recommended order of the citizen review panel, if
6 any established under s. 39.4531, the court shall determine
7 whether or not the social service agency shall initiate
8 proceedings to have a child declared a dependent child, return
9 the child to the parent, legal custodian, or caregiver,
10 continue the child in out-of-home foster care for a specified
11 period of time, or initiate termination of parental rights
12 proceedings for subsequent placement in an adoptive home.
13 Modifications to the plan must be handled as prescribed in s.
14 39.601 39.451. If the court finds that the prevention or
15 reunification efforts of the department will allow the child
16 to remain safely at home or be safely returned to the home,
17 the court shall allow the child to remain in or return to the
18 home after making a specific finding of fact that the reasons
19 for removal have been remedied to the extent that the child's
20 safety, and well-being, and physical, mental, and emotional
21 health will not be endangered.
22 (b) The court shall return the child to the custody of
23 the parents, legal custodians, or caregivers at any time it
24 determines that they have substantially complied with the
25 plan, if the court is satisfied that reunification will not be
26 detrimental to the child's safety, and well-being, and
27 physical, mental, and emotional health.
28 (c) If, in the opinion of the court, the social
29 service agency has not complied with its obligations as
30 specified in the written case plan, the court may find the
31 social service agency in contempt, shall order the social
176
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 service agency to submit its plans for compliance with the
2 agreement, and shall require the social service agency to show
3 why the child could should not safely be returned immediately
4 to the home of the parents, legal custodians, or caregivers or
5 legal guardian.
6 (d) The court may extend the time limitation of the
7 case plan, or may modify the terms of the plan, based upon
8 information provided by the social service agency, and the
9 guardian ad litem, if one has been appointed, the natural
10 parent or parents, and the foster parents, and any other
11 competent information on record demonstrating the need for the
12 amendment. If the court extends the time limitation of the
13 case plan, the court must make specific findings concerning
14 the frequency of past parent-child visitation, if any, and the
15 court may authorize the expansion or restriction of future
16 visitation. Modifications to the plan must be handled as
17 prescribed in s. 39.601 39.451. Any extension of a case plan
18 must comply with the time requirements and other requirements
19 specified by this chapter part.
20 (e) If, at any judicial review, the court finds that
21 the parents have failed to substantially comply with the case
22 plan to the degree that further reunification efforts are
23 without merit and not in the best interest of the child, it
24 may authorize the filing of a petition for termination of
25 parental rights, whether or not the time period as contained
26 in the case plan for substantial compliance has elapsed.
27 (f) No later than 12 months after the date that the
28 child was placed in shelter care, the court shall conduct a
29 judicial review. At this hearing, if the child is not returned
30 to the physical custody of the parents, caregivers, or legal
31 custodians, the case plan may be extended with the same goals
177
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 only if the court finds that the situation of the child is so
2 extraordinary that the plan should be extended. The case plan
3 must document steps the department is taking to find an
4 adoptive parent or other permanent living arrangement for the
5 child. If, at the time of the 18-month judicial review or
6 citizen review, the child is not returned to the physical
7 custody of the natural parents, the case plan may be extended
8 only if, at the time of the judicial review or citizen review,
9 the court finds that the situation of the child is so
10 extraordinary that the plan should be extended. The extension
11 must be in accordance with subsection (3).
12 (g) The court may issue a protective order in
13 assistance, or as a condition, of any other order made under
14 this part. In addition to the requirements included in the
15 case plan, the protective order may set forth requirements
16 relating to reasonable conditions of behavior to be observed
17 for a specified period of time by a person or agency who is
18 before the court; and such order may require any such person
19 or agency to make periodic reports to the court containing
20 such information as the court in its discretion may prescribe.
21 Section 62. Section 39.4531, Florida Statutes, is
22 renumbered as section 39.702, Florida Statutes, and amended to
23 read:
24 39.702 39.4531 Citizen review panels.--
25 (1) Citizen review panels may be established in each
26 judicial circuit and shall be authorized by an administrative
27 order executed by the chief judge of each circuit. The court
28 shall administer an oath of office to each citizen review
29 panel member which shall authorize the panel member to
30 participate in citizen review panels and make recommendations
31 to the court pursuant to the provisions of this section.
178
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (2) Citizen review panels shall be administered by an
2 independent not-for-profit agency. For the purpose of this
3 section, an organization that has filed for nonprofit status
4 under the provisions of s. 501(c)(3) of the United States
5 Internal Revenue Code is an independent not-for-profit agency
6 for a period of 1 year after the date of filing. At the end
7 of that 1-year period, in order to continue conducting citizen
8 reviews, the organization must have qualified for nonprofit
9 status under s. 501(c)(3) of the United States Internal
10 Revenue Code and must submit to the chief judge of the circuit
11 court a consumer's certificate of exemption that was issued to
12 the organization by the Florida Department of Revenue and a
13 report of the organization's progress. If the agency has not
14 qualified for nonprofit status, the court must rescind its
15 administrative order that authorizes the agency to conduct
16 citizen reviews. All independent not-for-profit agencies
17 conducting citizen reviews must submit citizen review annual
18 reports to the court.
19 (3) For the purpose of this section, a citizen review
20 panel shall be composed of five volunteer members and shall
21 conform with the requirements of this chapter section. The
22 presence of three members at a panel hearing shall constitute
23 a quorum. Panel members shall serve without compensation.
24 (4)(3) Based on the information provided to each
25 citizen review panel pursuant to s. 39.701 39.453, each
26 citizen review panel shall provide the court with a report and
27 recommendations regarding the placement and dispositional
28 alternatives the court shall consider before issuing a
29 judicial review order.
30 (5)(4) The An independent not-for-profit agency
31 authorized to administer each citizen review panel shall:
179
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (a) In collaboration with the department, develop
2 policies to assure that citizen review panels comply with all
3 applicable state and federal laws.
4 (b) Establish policies for the recruitment, selection,
5 retention, and terms of volunteer panel members. Final
6 selection of citizen review panel members shall, to the extent
7 possible, reflect the multicultural composition of the
8 community which they serve. A criminal background check and
9 personal reference check shall be conducted on each citizen
10 review panel member prior to the member serving on a citizen
11 review panel.
12 (c) In collaboration with the department, develop,
13 implement, and maintain a training program for citizen review
14 volunteers and provide training for each panel member prior to
15 that member serving on a review panel. Such training may
16 include, but shall not be limited to, instruction on
17 dependency laws, departmental policies, and judicial
18 procedures.
19 (d) Ensure that all citizen review panel members have
20 read, understood, and signed an oath of confidentiality
21 relating to the citizen review hearings and written or verbal
22 information provided to the panel members for review hearings.
23 (e) Establish policies to avoid actual or perceived
24 conflicts of interest by panel members during the review
25 process and to ensure accurate, fair reviews of each child
26 dependency case.
27 (f) Establish policies to ensure ongoing communication
28 with the department and the court.
29 (g) Establish policies to ensure adequate
30 communication with the parent, caregiver, or legal custodian
31 or guardian, the foster parent or caregiver, the guardian ad
180
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 litem, and any other person deemed appropriate.
2 (h) Establish procedures that encourage attendance and
3 participation of interested persons and parties, including the
4 biological parents, foster parents or caregivers, or a
5 relative or nonrelative with whom the child is placed, at
6 citizen review hearings.
7 (i) Coordinate with existing citizen review panels to
8 ensure consistency of operating procedures, data collection,
9 and analysis, and report generation.
10 (j) Make recommendations as necessary to the court
11 concerning attendance of essential persons at the review and
12 other issues pertinent to an effective review process.
13 (k) Ensure consistent methods of identifying barriers
14 to the permanent placement of the child and delineation of
15 findings and recommendations to the court.
16 (6)(5) The department and agents of the department
17 shall submit information to the citizen review panel when
18 requested and shall address questions asked by the citizen
19 review panel to identify barriers to the permanent placement
20 of each child.
21 Section 63. Section 39.454, Florida Statutes, is
22 renumbered as section 39.703, Florida Statutes, and amended to
23 read:
24 39.703 39.454 Initiation of termination of parental
25 rights proceedings.--
26 (1) If, in preparation for any judicial review hearing
27 under this chapter part, it is the opinion of the social
28 service agency that the parents or legal guardian of the child
29 have not complied with their responsibilities as specified in
30 the written case plan although able to do so, the social
31 service agency shall state its intent to initiate proceedings
181
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 to terminate parental rights, unless the social service agency
2 can demonstrate to the court that such a recommendation would
3 not be in the child's best interests. If it is the intent of
4 the department or licensed child-placing agency to initiate
5 proceedings to terminate parental rights, the department or
6 licensed child-placing agency shall file a petition for
7 termination of parental rights no later than 3 months after
8 the date of the previous judicial review hearing. If the
9 petition cannot be filed within 3 months, the department or
10 licensed child-placing agency shall provide a written report
11 to the court outlining the reasons for delay, the progress
12 made in the termination of parental rights process, and the
13 anticipated date of completion of the process.
14 (2) If, at the time of the 12-month 18-month judicial
15 review hearing, a child is not returned to the physical
16 custody of the natural parents, caregivers, or legal
17 custodians, the social service agency shall initiate
18 termination of parental rights proceedings under part VI of
19 this chapter within 30 days. Only if the court finds that the
20 situation of the child is so extraordinary and that the best
21 interests of the child will be met by such action at the time
22 of the judicial review may the case plan be extended. If the
23 court decides to extend the plan, the court shall enter
24 detailed findings justifying the decision to extend, as well
25 as the length of the extension. A termination of parental
26 rights petition need not be filed if: the child is being
27 cared for by a relative who chooses not to adopt the child;
28 the court determines that filing such a petition would not be
29 in the best interests of the child; or the state has not
30 provided the child's family, when reasonable efforts to return
31 a child are required, consistent with the time period in the
182
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 state's case plan, such services as the state deems necessary
2 for the safe return of the child to his or her home. Failure
3 to initiate termination of parental rights proceedings at the
4 time of the 12-month 18-month judicial review or within 30
5 days after such review does not prohibit initiating
6 termination of parental rights proceedings at any other time.
7 Section 64. Section 39.456, Florida Statutes, is
8 renumbered as section 39.704, Florida Statutes, and amended to
9 read:
10 39.704 39.456 Exemptions from judicial
11 review.--Judicial review This part does not apply to:
12 (1) Minors who have been placed in adoptive homes by
13 the department or by a licensed child-placing agency; or
14 (2) Minors who are refugees or entrants to whom
15 federal regulations apply and who are in the care of a social
16 service agency.; or
17 (3) Minors who are the subjects of termination of
18 parental rights cases pursuant to s. 39.464.
19 Section 65. Part IX of chapter 39, Florida Statutes,
20 consisting of sections 39.801, 39.802, 39.803, 39.804, 39.805,
21 39.806, 39.807, 39.808, 39.809, 39.810, 39.811, 39.812,
22 39.813, 39.814, 39.815, 39.816, and 39.817, Florida Statutes,
23 shall be entitled to read:
24 PART IX
25 TERMINATION OF PARENTAL RIGHTS
26 Section 66. Section 39.46, Florida Statutes, is
27 renumbered as section 39.801, Florida Statutes, and amended to
28 read:
29 39.801 39.46 Procedures and jurisdiction; notice;
30 service of process.--
31 (1) All procedures, including petitions, pleadings,
183
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 subpoenas, summonses, and hearings, in termination of parental
2 rights proceedings shall be according to the Florida Rules of
3 Juvenile Procedure unless otherwise provided by law.
4 (2) The circuit court shall have exclusive original
5 jurisdiction of a proceeding involving termination of parental
6 rights.
7 (3) Before the court may terminate parental rights, in
8 addition to the other requirements set forth in this part, the
9 following requirements must be met:
10 (a) Notice of the date, time, and place of the
11 advisory hearing for the petition to terminate parental rights
12 and a copy of the petition must be personally served upon the
13 following persons, specifically notifying them that a petition
14 has been filed:
15 1. The parents of the child.
16 2. The caregivers or legal custodians of the child.
17 3. If the parents who would be entitled to notice are
18 dead or unknown, a living relative of the child, unless upon
19 diligent search and inquiry no such relative can be found.
20 4. Any person who has physical custody of the child.
21 5. Any grandparent entitled to priority for adoption
22 under s. 63.0425.
23 6. Any prospective parent who has been identified
24 under s. 39.503 or s. 39.803.
25 7. The guardian ad litem for the child or the
26 representative of the guardian ad litem program, if the
27 program has been appointed.
28
29 The document containing the notice to respond or appear must
30 contain, in type at least as large as the type in the balance
31 of the document, the following or substantially similar
184
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 language: "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY
2 HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL
3 RIGHTS OF THIS CHILD (OR CHILDREN)."
4 (b) If a person required to be served with notice as
5 prescribed in paragraph (a) cannot be served, notice of
6 hearings must be given as prescribed by the rules of civil
7 procedure, and service of process must be made as specified by
8 law or civil actions.
9 (c) Notice as prescribed by this section may be
10 waived, in the discretion of the judge, with regard to any
11 person to whom notice must be given under this subsection if
12 the person executes, before two witnesses and a notary public
13 or other officer authorized to take acknowledgments, a written
14 surrender of the child to a licensed child-placing agency or
15 the department.
16 (d) If the person served with notice under this
17 section fails to appear at the advisory hearing, the failure
18 to appear shall constitute consent for termination of parental
19 rights by the person given notice.
20 (4) Upon the application of any party, the clerk or
21 deputy clerk shall issue, and the court on its own motion may
22 issue, subpoenas requiring the attendance and testimony of
23 witnesses and the production of records, documents, or other
24 tangible objects at any hearing.
25 (5) All process and orders issued by the court must be
26 served or executed as other process and orders of the circuit
27 court and, in addition, may be served or executed by
28 authorized agents of the department or the guardian ad litem.
29 (6) Subpoenas may be served within the state by any
30 person over 18 years of age who is not a party to the
31 proceeding.
185
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (7) A fee may not be paid for service of any process
2 or other papers by an agent of the department or the guardian
3 ad litem. If any process, orders, or other papers are served
4 or executed by any sheriff, the sheriff's fees must be paid by
5 the county.
6 Section 67. Section 39.461, Florida Statutes, is
7 renumbered as section 39.802, Florida Statutes, and amended to
8 read:
9 39.802 39.461 Petition for termination of parental
10 rights; filing; elements.--
11 (1) All proceedings seeking an adjudication to
12 terminate parental rights pursuant to this chapter must be
13 initiated by the filing of an original petition by the
14 department, the guardian ad litem, or a licensed child-placing
15 agency or by any other person who has knowledge of the facts
16 alleged or is informed of them and believes that they are
17 true.
18 (2) The form of the petition is governed by the
19 Florida Rules of Juvenile Procedure. The petition must be in
20 writing and signed by the petitioner or, if the department is
21 the petitioner, by an employee of the department, under oath
22 stating the petitioner's good faith in filing the petition.
23 (3) When a petition for termination of parental rights
24 has been filed, the clerk of the court shall set the case
25 before the court for an advisory hearing.
26 (4) A petition for termination of parental rights
27 filed under this chapter must contain facts supporting the
28 following allegations:
29 (a) That at least one of the grounds listed in s.
30 39.806 has been met.
31 (b) That the parents of the child were informed of
186
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 their right to counsel at all hearings that they attend and
2 that a dispositional order adjudicating the child dependent
3 was entered in any prior dependency proceeding relied upon in
4 offering a parent a case plan as described in s. 39.806.
5 (c) That the manifest best interests of the child, in
6 accordance with s. 39.810, would be served by the granting of
7 the petition.
8 (5) When a petition for termination of parental rights
9 is filed under s. 39.806(1), a separate petition for
10 dependency need not be filed and the department need not offer
11 the parents a case plan with a goal of reunification, but may
12 instead file with the court a case plan with a goal of
13 termination of parental rights to allow continuation of
14 services until the termination is granted or until further
15 orders of the court are issued.
16 (6) The fact that a child has been previously
17 adjudicated dependent as alleged in a petition for termination
18 of parental rights may be proved by the introduction of a
19 certified copy of the order of adjudication or the order of
20 disposition of dependency.
21 (7) The fact that the parent of a child was informed
22 of the right to counsel in any prior dependency proceeding as
23 alleged in a petition for termination of parental rights may
24 be proved by the introduction of a certified copy of the order
25 of adjudication or the order of disposition of dependency
26 containing a finding of fact that the parent was so advised.
27 (8) Whenever the department has entered into a case
28 plan with a parent with the goal of reunification, and a
29 petition for termination of parental rights based on the same
30 facts as are covered in the case plan is filed prior to the
31 time agreed upon in the case plan for the performance of the
187
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 case plan, the petitioner must allege and prove by clear and
2 convincing evidence that the parent has materially breached
3 the provisions of the case plan.
4 Section 68. Section 39.803, Florida Statutes, is
5 created to read:
6 39.803 Identity or location of parent unknown after
7 filing of termination of parental rights petition; special
8 procedures.--
9 (1) If the identity or location of a parent is unknown
10 and a petition for termination of parental rights is filed,
11 the court shall conduct the following inquiry of the parent
12 who is available, or, if no parent is available, of any
13 relative, caregiver, or legal custodian of the child who is
14 present at the hearing and likely to have the information:
15 (a) Whether the mother of the child was married at the
16 probable time of conception of the child or at the time of
17 birth of the child.
18 (b) Whether the mother was cohabiting with a male at
19 the probable time of conception of the child.
20 (c) Whether the mother has received payments or
21 promises of support with respect to the child or because of
22 her pregnancy from a man who claims to be the father.
23 (d) Whether the mother has named any man as the father
24 on the birth certificate of the child or in connection with
25 applying for or receiving public assistance.
26 (e) Whether any man has acknowledged or claimed
27 paternity of the child in a jurisdiction in which the mother
28 resided at the time of or since conception of the child, or in
29 which the child has resided or resides.
30 (2) The information required in subsection (1) may be
31 supplied to the court or the department in the form of a sworn
188
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 affidavit by a person having personal knowledge of the facts.
2 (3) If the inquiry under subsection (1) identifies any
3 person as a parent or prospective parent, the court shall
4 require notice of the hearing to be provided to that person.
5 (4) If the inquiry under subsection (1) fails to
6 identify any person as a parent or prospective parent, the
7 court shall so find and may proceed without further notice.
8 (5) If the inquiry under subsection (1) identifies a
9 parent or prospective parent, and that person's location is
10 unknown, the court shall direct the department to conduct a
11 diligent search for that person before scheduling an
12 adjudicatory hearing regarding the dependency of the child
13 unless the court finds that the best interest of the child
14 requires proceeding without actual notice to the person whose
15 location is unknown.
16 (6) The diligent search required by subsection (5)
17 must include, at a minimum, inquiries of all known relatives
18 of the parent or prospective parent, inquiries of all offices
19 of program areas of the department likely to have information
20 about the parent or prospective parent, inquiries of other
21 state and federal agencies likely to have information about
22 the parent or prospective parent, inquiries of appropriate
23 utility and postal providers, and inquiries of appropriate law
24 enforcement agencies.
25 (7) Any agency contacted by a petitioner with a
26 request for information pursuant to subsection (6) shall
27 release the requested information to the petitioner without
28 the necessity of a subpoena or court order.
29 (8) If the inquiry and diligent search identifies a
30 prospective parent, that person must be given the opportunity
31 to become a party to the proceedings by completing a sworn
189
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 affidavit of parenthood and filing it with the court or the
2 department. A prospective parent who files a sworn affidavit
3 of parenthood while the child is a dependent child but no
4 later than at the time of or prior to the adjudicatory hearing
5 in the termination of parental rights proceeding for the child
6 shall be considered a parent for all purposes under this
7 section.
8 Section 69. Section 39.4627, Florida Statutes, is
9 renumbered as section 39.804, Florida Statutes.
10 Section 70. Section 39.463, Florida Statutes, is
11 renumbered as section 39.805, Florida Statutes, and amended to
12 read:
13 39.805 39.463 No answer required.--No answer to the
14 petition or any other pleading need be filed by any child,
15 parent, caregiver, or legal custodian, but any matters which
16 might be set forth in an answer or other pleading may be
17 pleaded orally before the court or filed in writing as any
18 such person may choose. Notwithstanding the filing of any
19 answer or any pleading, the child or parent shall, prior to
20 the adjudicatory hearing, be advised by the court of the right
21 to counsel and shall be given an opportunity to deny the
22 allegations in the petition for termination of parental rights
23 or to enter a plea to allegations in the petition before the
24 court.
25 Section 71. Section 39.464, Florida Statutes, as
26 amended by chapter 97-276, Laws of Florida, is renumbered as
27 section 39.806, Florida Statutes, and amended to read:
28 39.806 39.464 Grounds for termination of parental
29 rights.--
30 (1) The department, the guardian ad litem, a licensed
31 child-placing agency, or any person related to the child who
190
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 has knowledge of the facts alleged or who is informed of said
2 facts and believes that they are true, may petition for the
3 termination of parental rights under any of the following
4 circumstances:
5 (a) When the parent or parents voluntarily executed a
6 written surrender of the child and consented to the entry of
7 an order giving custody of the child to the department or to a
8 licensed child-placing agency for subsequent adoption and the
9 department or licensed child-placing agency is willing to
10 accept custody of the child.
11 1. The surrender document must be executed before two
12 witnesses and a notary public or other person authorized to
13 take acknowledgments.
14 2. The surrender and consent may be withdrawn after
15 acceptance by the department or licensed child-placing agency
16 only after a finding by the court that the surrender and
17 consent were obtained by fraud or duress.
18 (b) When the identity or location of the parent or
19 parents is unknown and, if the court requires a diligent
20 search pursuant to s. 39.4625, cannot be ascertained by
21 diligent search as provided in s. 39.4625 within 90 days.
22 (c) When the parent or parents engaged in conduct
23 toward the child or toward other children that demonstrates
24 that the continuing involvement of the parent or parents in
25 the parent-child relationship threatens the life, safety or
26 well-being, or physical, mental, or emotional health of the
27 child irrespective of the provision of services. Provision of
28 services may be is evidenced by proof that services were
29 provided through a previous plan or offered as a case plan
30 from a child welfare agency.
31 (d) When the parent of a child is incarcerated in a
191
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 state or federal correctional institution and:
2 1. The period of time for which the parent is expected
3 to be incarcerated will constitute a substantial portion of
4 the period of time before the child will attain the age of 18
5 years;
6 2. The incarcerated parent has been determined by the
7 court to be a violent career criminal as defined in s.
8 775.084, a habitual violent felony offender as defined in s.
9 775.084, or a sexual predator as defined in s. 775.21; has
10 been convicted of first degree or second degree murder in
11 violation of s. 782.04 or a sexual battery that constitutes a
12 capital, life, or first degree felony violation of s. 794.011;
13 or has been convicted of an offense in another jurisdiction
14 which is substantially similar to one of the offenses listed
15 in this paragraph. As used in this section, the term
16 "substantially similar offense" means any offense that is
17 substantially similar in elements and penalties to one of
18 those listed in this paragraph, and that is in violation of a
19 law of any other jurisdiction, whether that of another state,
20 the District of Columbia, the United States or any possession
21 or territory thereof, or any foreign jurisdiction; and
22 3. The court determines by clear and convincing
23 evidence that continuing the parental relationship with the
24 incarcerated parent would be harmful to the child and, for
25 this reason, that termination of the parental rights of the
26 incarcerated parent is in the best interest of the child.
27 (e)(f) A petition for termination of parental rights
28 may also be filed when a child has been adjudicated dependent,
29 a case plan has been filed with the court, and the child
30 continues to be abused, neglected, or abandoned by the
31 parents. In this case, the failure of the parents to
192
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 substantially comply for a period of 12 months after an
2 adjudication of the child as a dependent child constitutes
3 evidence of continuing abuse, neglect, or abandonment unless
4 the failure to substantially comply with the case plan was due
5 either to the lack of financial resources of the parents or to
6 the failure of the department to make reasonable efforts to
7 reunify the family. Such 12-month period may begin to run only
8 after the entry of a disposition order placing the custody of
9 the child with the department or a person other than the
10 parent and the approval by subsequent filing with the court of
11 a case plan with a goal of reunification with the parent.
12 (f)(e) When the parent or parents engaged in egregious
13 conduct or had the opportunity and capability to prevent and
14 knowingly failed to prevent egregious conduct threatening the
15 life, safety, or physical, mental, or emotional health that
16 endangers the life, health, or safety of the child or the
17 child's sibling or had the opportunity and capability to
18 prevent egregious conduct that threatened the life, health, or
19 safety of the child or the child's sibling and knowingly
20 failed to do so.
21 1. As used in this subsection, the term "sibling"
22 means another child who resides with or is cared for by the
23 parent or parents regardless of whether the child is related
24 legally or by consanguinity.
25 2. As used in this subsection, the term "egregious
26 conduct abuse" means abuse, abandonment, neglect, or any other
27 conduct of the parent or parents that is deplorable, flagrant,
28 or outrageous by a normal standard of conduct. Egregious
29 conduct abuse may include an act or omission that occurred
30 only once but was of such intensity, magnitude, or severity as
31 to endanger the life of the child.
193
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (g) When the parent or parents have subjected the
2 child to aggravated child abuse as defined in s. 827.03,
3 sexual battery or sexual abuse as defined in s. 39.01, or
4 chronic abuse.
5 (h) When the parent or parents have committed murder
6 or voluntary manslaughter of another child of the parent, or a
7 felony assault that results in serious bodily injury to the
8 child or another child of the parent, or aided or abetted,
9 attempted, conspired, or solicited to commit such a murder or
10 voluntary manslaughter or felony assault.
11 (i) When the parental rights of the parent to a
12 sibling have been terminated involuntarily.
13 (2) Reasonable efforts to preserve and reunify
14 families shall not be required if a court of competent
15 jurisdiction has determined that any of the events described
16 in paragraphs (1)(e)-(i) have occurred.
17 (3)(2) When a petition for termination of parental
18 rights is filed under subsection (1), a separate petition for
19 dependency need not be filed and the department need not offer
20 the parents a case plan with a goal of reunification, but may
21 instead file with the court a case plan with a goal of
22 termination of parental rights to allow continuation of
23 services until the termination is granted or until further
24 orders of the court are issued.
25 (4) When an expedited termination of parental rights
26 petition is filed, reasonable efforts shall be made to place
27 the child in a timely manner in accordance with the permanency
28 plan, and to complete whatever steps are necessary to finalize
29 the permanent placement of the child.
30 Section 72. Section 39.465, Florida Statutes, is
31 renumbered as section 39.807, Florida Statutes, and amended to
194
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 read:
2 39.807 39.465 Right to counsel; guardian ad litem.--
3 (1)(a) At each stage of the proceeding under this
4 part, the court shall advise the parent, guardian, or
5 custodian of the right to have counsel present. The court
6 shall appoint counsel for indigent insolvent persons. The
7 court shall ascertain whether the right to counsel is
8 understood and, where appropriate, is knowingly and
9 intelligently waived. The court shall enter its findings in
10 writing with respect to the appointment or waiver of counsel
11 for indigent insolvent parties.
12 (b) Once counsel has been retained or, in appropriate
13 circumstances, appointed to represent the parent of the child,
14 the attorney shall continue to represent the parent throughout
15 the proceedings or until the court has approved discontinuing
16 the attorney-client relationship. If the attorney-client
17 relationship is discontinued, the court shall advise the
18 parent of the right to have new counsel retained or appointed
19 for the remainder of the proceedings.
20 (c)(b)1. No waiver of counsel may be accepted if it
21 appears that the parent, guardian, or custodian is unable to
22 make an intelligent and understanding choice because of mental
23 condition, age, education, experience, the nature or
24 complexity of the case, or other factors.
25 2. A waiver of counsel made in court must be of
26 record. A waiver made out of court must be in writing with not
27 less than two attesting witnesses and must be filed with the
28 court. The witnesses shall attest to the voluntary execution
29 of the waiver.
30 3. If a waiver of counsel is accepted at any stage of
31 the proceedings, the offer of assistance of counsel must be
195
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 renewed by the court at each subsequent stage of the
2 proceedings at which the parent, guardian, or custodian
3 appears without counsel.
4 (d)(c) This subsection does not apply to any parent
5 who has voluntarily executed a written surrender of the child
6 and consent to the entry of a court order therefor and who
7 does not deny the allegations of the petition.
8 (2)(a) The court shall appoint a guardian ad litem to
9 represent the child in any termination of parental rights
10 proceedings and shall ascertain at each stage of the
11 proceedings whether a guardian ad litem has been appointed.
12 (b) The guardian ad litem has the following
13 responsibilities:
14 1. To investigate the allegations of the petition and
15 any subsequent matters arising in the case and, unless excused
16 by the court, to file a written report. This report must
17 include a statement of the wishes of the child and the
18 recommendations of the guardian ad litem and must be provided
19 to all parties and the court at least 48 hours before the
20 disposition hearing.
21 2. To be present at all court hearings unless excused
22 by the court.
23 3. To represent the interests of the child until the
24 jurisdiction of the court over the child terminates or until
25 excused by the court.
26 4. To perform such other duties and undertake such
27 other responsibilities as the court may direct.
28 (c) A guardian ad litem is not required to post bond
29 but shall file an acceptance of the office.
30 (d) A guardian ad litem is entitled to receive service
31 of pleadings and papers as provided by the Florida Rules of
196
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 Juvenile Procedure.
2 (e) This subsection does not apply to any voluntary
3 relinquishment of parental rights proceeding.
4 Section 73. Section 39.466, Florida Statutes, is
5 renumbered as section 39.808, Florida Statutes, and amended to
6 read:
7 39.808 39.466 Advisory hearing; pretrial status
8 conference.--
9 (1) An advisory hearing on the petition to terminate
10 parental rights must be held as soon as possible after all
11 parties have been served with a copy of the petition and a
12 notice of the date, time, and place of the advisory hearing
13 for the petition.
14 (2) At the hearing the court shall inform the parties
15 of their rights under s. 39.807 39.465, shall appoint counsel
16 for the parties in accordance with legal requirements, and
17 shall appoint a guardian ad litem to represent the interests
18 of the child if one has not already been appointed.
19 (3) The court shall set a date for an adjudicatory
20 hearing to be held within 45 days after the advisory hearing,
21 unless all of the necessary parties agree to some other
22 hearing date.
23 (4) An advisory hearing may not be held if a petition
24 is filed seeking an adjudication voluntarily to terminate
25 parental rights. Adjudicatory hearings for petitions for
26 voluntary termination must be held within 21 days after the
27 filing of the petition. Notice of the use of this subsection
28 must be filed with the court at the same time as the filing of
29 the petition to terminate parental rights.
30 (5) Not less than 10 days before the adjudicatory
31 hearing, the court shall conduct a prehearing status
197
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 conference to determine the order in which each party may
2 present witnesses or evidence, the order in which
3 cross-examination and argument shall occur, and any other
4 matters that may aid in the conduct of the adjudicatory
5 hearing, to prevent any undue delay in the conduct of the
6 adjudicatory hearing.
7 Section 74. Section 39.467, Florida Statutes, is
8 renumbered as section 39.809, Florida Statutes, and amended to
9 read:
10 39.809 39.467 Adjudicatory hearing.--
11 (1) In a hearing on a petition for termination of
12 parental rights, the court shall consider the elements
13 required for termination as set forth in s. 39.4611. Each of
14 these elements must be established by clear and convincing
15 evidence before the petition is granted.
16 (2) The adjudicatory hearing must be held within 45
17 days after the advisory hearing, but reasonable continuances
18 for the purpose of investigation, discovery, or procuring
19 counsel or witnesses may, when necessary, be granted.
20 (3) The adjudicatory hearing must be conducted by the
21 judge without a jury, applying the rules of evidence in use in
22 civil cases and adjourning the case from time to time as
23 necessary. For purposes of the adjudicatory hearing, to avoid
24 unnecessary duplication of expense, the judge may consider
25 in-court testimony previously given at any properly noticed
26 hearing, without regard to the availability or unavailability
27 of the witness at the time of the actual adjudicatory hearing,
28 if the recorded testimony itself is made available to the
29 judge. Consideration of such testimony does not preclude the
30 witness being subpoenaed to answer supplemental questions.
31 (4) All hearings involving termination of parental
198
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 rights are confidential and closed to the public. Hearings
2 involving more than one child may be held simultaneously when
3 the children involved are related to each other or were
4 involved in the same case. The child and the parents or legal
5 custodians may be examined separately and apart from each
6 other.
7 (5) The judge shall enter a written order with the
8 findings of fact and conclusions of law.
9 Section 75. Section 39.4612, Florida Statutes, is
10 renumbered as section 39.810, Florida Statutes, is amended to
11 read:
12 39.810 39.4612 Manifest best interests of the child.
13 In a hearing on a petition for termination of parental rights,
14 the court shall consider the manifest best interests of the
15 child. This consideration shall not include a comparison
16 between the attributes of the parents and those of any persons
17 providing a present or potential placement for the child. For
18 the purpose of determining the manifest best interests of the
19 child, the court shall consider and evaluate all relevant
20 factors, including, but not limited to:
21 (1) Any suitable permanent custody arrangement with a
22 relative of the child.
23 (2) The ability and disposition of the parent or
24 parents to provide the child with food, clothing, medical care
25 or other remedial care recognized and permitted under state
26 law instead of medical care, and other material needs of the
27 child.
28 (3) The capacity of the parent or parents to care for
29 the child to the extent that the child's safety, well-being,
30 and physical, mental, and emotional health and well-being will
31 not be endangered upon the child's return home.
199
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (4) The present mental and physical health needs of
2 the child and such future needs of the child to the extent
3 that such future needs can be ascertained based on the present
4 condition of the child.
5 (5) The love, affection, and other emotional ties
6 existing between the child and the child's parent or parents,
7 siblings, and other relatives, and the degree of harm to the
8 child that would arise from the termination of parental rights
9 and duties.
10 (6) The likelihood of an older child remaining in
11 long-term foster care upon termination of parental rights, due
12 to emotional or behavioral problems or any special needs of
13 the child.
14 (7) The child's ability to form a significant
15 relationship with a parental substitute and the likelihood
16 that the child will enter into a more stable and permanent
17 family relationship as a result of permanent termination of
18 parental rights and duties.
19 (8) The length of time that the child has lived in a
20 stable, satisfactory environment and the desirability of
21 maintaining continuity.
22 (9) The depth of the relationship existing between the
23 child and the present custodian.
24 (10) The reasonable preferences and wishes of the
25 child, if the court deems the child to be of sufficient
26 intelligence, understanding, and experience to express a
27 preference.
28 (11) The recommendations for the child provided by the
29 child's guardian ad litem or legal representative.
30 Section 76. Section 39.469, Florida Statutes, is
31 renumbered as section 39.811, Florida Statutes, and amended to
200
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 read:
2 39.811 39.469 Powers of disposition; order of
3 disposition.--
4 (1) If the court finds that the grounds for
5 termination of parental rights have not been established by
6 clear and convincing evidence, the court shall:
7 (a) If grounds for dependency have been established,
8 adjudicate or readjudicate the child dependent and:
9 1. Enter an order placing or continuing the child in
10 out-of-home foster care under a case plan; or
11 2. Enter an order returning the child to the parent or
12 parents. The court shall retain jurisdiction over a child
13 returned to the parent or parents or legal guardians for a
14 period of 6 months, but, at that time, based on a report of
15 the social service agency and any other relevant factors, the
16 court shall make a determination as to whether its
17 jurisdiction shall continue or be terminated.
18 (b) If grounds for dependency have not been
19 established, dismiss the petition.
20 (2) If the child is in out-of-home foster care custody
21 of the department and the court finds that the grounds for
22 termination of parental rights have been established by clear
23 and convincing evidence, the court shall, by order, place the
24 child in the custody of the department for the purpose of
25 adoption or place the child in the custody of a licensed
26 child-placing agency for the purpose of adoption.
27 (3) If the child is in the custody of one parent and
28 the court finds that the grounds for termination of parental
29 rights have been established for the remaining parent by clear
30 and convincing evidence, the court shall enter an order
31 terminating the rights of the parent for whom the grounds have
201
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 been established and placing the child in the custody of the
2 remaining parent, granting that parent sole parental
3 responsibility for the child.
4 (4) If the child is neither in the custody of the
5 department of Children and Family Services nor in the custody
6 of a parent and the court finds that the grounds for
7 termination of parental rights have been established for
8 either or both parents, the court shall enter an order
9 terminating parental rights for the parent or parents for whom
10 the grounds for termination have been established and placing
11 the child with an appropriate custodian. If the parental
12 rights of both parents have been terminated, or if the
13 parental rights of only one parent have been terminated and
14 the court makes specific findings based on evidence presented
15 that placement with the remaining parent is likely to be
16 harmful to the child, the court may order that the child be
17 placed with a custodian other than the department after
18 hearing evidence of the suitability of such intended
19 placement. Suitability of the intended placement includes the
20 fitness and capabilities of the proposed intended placement,
21 with primary consideration being given to the welfare of the
22 child; the fitness and capabilities of the proposed custodian
23 to function as the primary caregiver caretaker for a
24 particular child; and the compatibility of the child with the
25 home in which the child is intended to be placed. If the
26 court orders that a child be placed with a custodian under
27 this subsection, the court shall appoint such custodian as the
28 guardian for the child as provided in s. 744.3021. The court
29 may modify the order placing the child in the custody of the
30 custodian and revoke the guardianship established under s.
31 744.3021 if the court subsequently finds that a party to the
202
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 proceeding other than a parent whose rights have been
2 terminated has shown a material change in circumstances which
3 causes the placement to be no longer in the best interest of
4 the child.
5 (5) If the court terminates parental rights, the court
6 shall enter a written order of disposition briefly stating the
7 facts upon which its decision to terminate the parental rights
8 is made. An order of termination of parental rights, whether
9 based on parental consent or after notice served as prescribed
10 in this part, permanently deprives the parents or legal
11 guardian of any right to the child.
12 (6) The parental rights of one parent may be severed
13 without severing the parental rights of the other parent only
14 under the following circumstances:
15 (a) If the child has only one surviving parent;
16 (b) If the identity of a prospective parent has been
17 established as unknown after sworn testimony;
18 (c) If the parent whose rights are being terminated
19 became a parent through a single-parent adoption;
20 (d) If the protection of the child demands termination
21 of the rights of a single parent; or
22 (e) If the parent whose rights are being terminated
23 meets the criteria specified in s. 39.806(1)(d) 39.464(1)(d).
24 (7)(a) The termination of parental rights does not
25 affect the rights of grandparents unless the court finds that
26 continued visitation is not in the best interests of the child
27 or that such visitation would interfere with the goals of
28 permanency planning for the child.
29 (b) If the court terminates parental rights, it may
30 order that the parents or relatives of the parent whose rights
31 are terminated be allowed to maintain some contact with the
203
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 child pending adoption if the best interests of the child
2 support this continued contact, except as provided in
3 paragraph (a). If the court orders such continued contact, the
4 nature and frequency of the contact must be set forth in
5 written order and may be reviewed upon motion of any party,
6 including a prospective adoptive parent if a child has been
7 placed for adoption. If a child is placed for adoption, the
8 nature and frequency of the contact must be reviewed by the
9 court at the time the child is adopted.
10 (8) If the court terminates parental rights, it shall,
11 in its order of disposition, provide for a hearing, to be
12 scheduled no later than 30 days after the date of disposition,
13 in which the department or the licensed child-placing agency
14 shall provide to the court a plan for permanency for the
15 child. Reasonable efforts must be made to place the child in a
16 timely manner in accordance with the permanency plan, and to
17 complete whatever steps are necessary to finalize the
18 permanent placement of the child. Thereafter, until the
19 adoption of the child is finalized or the child reaches the
20 age of 18 years, whichever occurs first, the court shall hold
21 hearings at 6-month intervals to review the progress being
22 made toward permanency for the child.
23 (9) After termination of parental rights, the court
24 shall retain jurisdiction over any child for whom custody is
25 given to a social service agency until the child is adopted.
26 The court shall review the status of the child's placement and
27 the progress being made toward permanent adoptive placement.
28 As part of this continuing jurisdiction, for good cause shown
29 by the guardian ad litem for the child, the court may review
30 the appropriateness of the adoptive placement of the child.
31 Section 77. Section 39.47, Florida Statutes, is
204
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 renumbered as section 39.812, Florida Statutes, and amended to
2 read:
3 39.812 39.47 Postdisposition Post disposition
4 relief.--
5 (1) A licensed child-placing agency or The department
6 that which is given custody of a child for subsequent adoption
7 in accordance with this chapter may place the child in a
8 family home for prospective subsequent adoption and the
9 licensed child-placing agency or the department may thereafter
10 become a party to any proceeding for the legal adoption of the
11 child and appear in any court where the adoption proceeding is
12 pending and consent to the adoption; and that consent alone
13 shall in all cases be sufficient.
14 (2) In any subsequent adoption proceeding, the parents
15 are and legal guardian shall not be entitled to any notice of
16 the proceeding and are not thereof, nor shall they be entitled
17 to knowledge at any time after the order terminating parental
18 rights is entered of the whereabouts of the child or of the
19 identity or location of any person having the custody of or
20 having adopted the child, except as provided by order of the
21 court pursuant to this chapter or chapter 63; and in any
22 habeas corpus or other proceeding involving the child brought
23 by any parent or legal guardian of the child, an no agent or
24 contract provider of the licensed child-placing agency or
25 department may not shall be compelled to divulge that
26 information, but may be compelled to produce the child before
27 a court of competent jurisdiction if the child is still
28 subject to the guardianship of the licensed child-placing
29 agency or department.
30 (3) The entry of the custody order to the department
31 does or licensed child-placing agency shall not entitle the
205
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 licensed child-placing agency or department to guardianship of
2 the estate or property of the child, but the licensed
3 child-placing agency or department shall be the guardian of
4 the person of the child.
5 (4) The court shall retain jurisdiction over any child
6 for whom custody is given to a licensed child-placing agency
7 or to the department until the child is adopted. After custody
8 of a child for subsequent adoption has been given to an agency
9 or the department, the court has jurisdiction for the purpose
10 of reviewing the status of the child and the progress being
11 made toward permanent adoptive placement. As part of this
12 continuing jurisdiction, for good cause shown by the guardian
13 ad litem for the child, the court may review the
14 appropriateness of the adoptive placement of the child. The
15 petition for adoption must be filed in the division of the
16 circuit court which issued the judgment terminating parental
17 rights. A copy of the consent required under s. 63.062(4) and
18 executed by the department must be attached to the petition
19 for adoption. The petition for adoption must be accompanied by
20 a form created by the department which details the social and
21 medical history of each birth parent and includes the social
22 security number and date of birth for each birth parent, if
23 such information is available or readily obtainable. The
24 person seeking to adopt the minor may not file a petition for
25 adoption until the order terminating parental rights becomes
26 final. An adoption proceeding under this subsection is
27 governed by chapter 63, as limited under s. 63.037.
28 (5) The Legislature finds that children are most
29 likely to realize their potential when they have the ability
30 provided by good permanent families rather than spending long
31 periods of time in temporary placements or unnecessary
206
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 institutions. It is the intent of the Legislature that
2 decisions be consistent with the child's best interests and
3 that the department make proper adoptive placements as
4 expeditiously as possible following a final judgment
5 terminating parental rights.
6 Section 78. Section 63.022, Florida Statutes, is
7 amended to read:
8 63.022 Legislative intent.--
9 (1) It is the intent of the Legislature to protect and
10 promote the well-being of persons being adopted and their
11 birth and adoptive parents and to provide to all children who
12 can benefit by it a permanent family life, and, whenever
13 possible, to maintain sibling groups.
14 (2) The basic safeguards intended to be provided by
15 this chapter act are that:
16 (a) The minor child is legally free for adoption.
17 (b) The required persons consent to the adoption or
18 the parent-child relationship is terminated by judgment of the
19 court.
20 (c) The required social studies are completed and the
21 court considers the reports of these studies prior to judgment
22 on adoption petitions.
23 (d) All placements of minors for adoption are reported
24 to the Department of Children and Family Services.
25 (e) A sufficient period of time elapses during which
26 the minor child has lived within the proposed adoptive home
27 under the guidance of the department or a licensed
28 child-placing agency.
29 (f) All expenditures by adoption entities
30 intermediaries placing, and persons independently adopting, a
31 minor are reported to the court and become a permanent record
207
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 in the file of the adoption proceedings.
2 (g) Social and medical information concerning the
3 minor child and the birth parents is furnished by the birth
4 parent when available and filed with the court before a final
5 hearing on a petition to terminate parental rights pending
6 adoption consent to the adoption when a minor is placed by an
7 intermediary.
8 (h) A new birth certificate is issued after entry of
9 the adoption judgment.
10 (i) At the time of the hearing, the court may is
11 authorized to order temporary substitute care when it
12 determines that the minor is in an unsuitable home.
13 (j) The records of all proceedings concerning custody
14 and adoption of minor children are confidential and exempt
15 from the provisions of s. 119.07(1), except as provided in s.
16 63.162.
17 (k) The birth parent, the adoptive parent, and the
18 minor child receive the same or similar safeguards, guidance,
19 counseling, and supervision in an intermediary adoption as
20 they receive in an agency or department adoption.
21 (l) In all matters coming before the court pursuant to
22 this chapter act, the court shall enter such orders as it
23 deems necessary and suitable to promote and protect the best
24 interests of the person to be adopted.
25 Section 79. Section 63.032, Florida Statutes, is
26 amended to read:
27 63.032 Definitions.--As used in this chapter act,
28 unless the context otherwise requires, the term:
29 (1) "Department" means the Department of Children and
30 Family Services.
31 (2) "Child" means a son or daughter, whether by birth
208
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 or adoption.
2 (3) "Court" means any circuit court of this state and,
3 when the context requires, the court of any state that is
4 empowered to grant petitions for adoption.
5 (4) "Minor" means a person under the age of 18 years.
6 (5) "Adult" means a person who is not a minor.
7 (6) "Person" includes a natural person, corporation,
8 government or governmental subdivision or agency, business
9 trust, estate, trust, partnership, or association, and any
10 other legal entity.
11 (7) "Agency" means any child-placing agency licensed
12 by the department pursuant to s. 63.202 to place minors for
13 adoption.
14 (8) "Intermediary" means an attorney or physician who
15 is licensed or authorized to practice in this state and who
16 has reported the intended placement of a minor for adoption
17 under s. 63.092 or, for the purpose of adoptive placements of
18 children from out of state with citizens of this state, a
19 child-placing agency licensed in another state that is
20 qualified by the department.
21 (9) "To place" or "placement" means the process of a
22 person giving a child up for adoption and the prospective
23 parents receiving and adopting the child, and includes all
24 actions by any person or agency participating in the process.
25 (10) "Adoption" means the act of creating the legal
26 relationship between parent and child where it did not exist,
27 thereby declaring the child to be legally the child of the
28 adoptive parents and their heir at law and entitled to all the
29 rights and privileges and subject to all the obligations of a
30 child born to such adoptive parents in lawful wedlock.
31 (11) "Suitability of the intended placement" includes
209
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 the fitness of the intended placement, with primary
2 consideration being given to the welfare of the child; the
3 fitness and capabilities of the adoptive parent or parents to
4 function as parent or parents for a particular child; any
5 familial relationship between the child and the prospective
6 placement; and the compatibility of the child with the home in
7 which the child is intended to be placed.
8 (12) "Primary residence and place of employment in
9 Florida" means a person lives and works in this state at least
10 6 months of the year and intends to do so for the foreseeable
11 future or military personnel who designate Florida as their
12 place of residence in accordance with the Soldiers' and
13 Sailors' Civil Relief Act of 1940 or employees of the United
14 States Department of State living in a foreign country who
15 designate Florida as their place of residence.
16 (13) "Primarily lives and works outside Florida" means
17 anyone who does not meet the definition of "primary residence
18 and place of employment in Florida."
19 (14) "Abandoned" means a situation in which the parent
20 or legal custodian of a child, while being able, makes no
21 provision for the child's support and makes no effort to
22 communicate with the child, which situation is sufficient to
23 evince a willful rejection of parental obligations. If, in the
24 opinion of the court, the efforts of such parent or legal
25 custodian to support and communicate with the child are only
26 marginal efforts that do not evince a settled purpose to
27 assume all parental duties, the court may declare the child to
28 be abandoned. In making this decision, the court may consider
29 the conduct of a father towards the child's mother during her
30 pregnancy.
31 (15) "Adoption entity" means the department under
210
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 chapter 39; an agency under chapter 63 or, at the request of
2 the department, under chapter 39; or an intermediary under
3 chapter 63, placing a person for adoption.
4 Section 80. Section 63.037, Florida Statutes, is
5 created to read:
6 63.037 Proceedings applicable to cases resulting from
7 a termination of parental rights under chapter 39.--A case in
8 which a minor becomes available for adoption after the
9 parental rights of each parent have been terminated by a court
10 order issued pursuant to chapter 39 will be governed by s.
11 39.47 and this chapter. Adoption proceedings filed under
12 chapter 39 are exempt from the following provisions of this
13 chapter: disclosure requirements for the adoption entity
14 provided in s. 63.085; general provisions governing
15 termination of parental rights pending adoption provided in s.
16 63.087; notice and service provisions governing termination of
17 parental rights pending adoption provided in s. 63.088; and
18 procedures for terminating parental rights pending adoption
19 provided in s. 63.089.
20 Section 81. Section 63.038, Florida Statutes, is
21 created to read:
22 63.038 Prohibited acts.--A person who knowingly and
23 willfully provides false information under this chapter or
24 who, with the intent to defraud, accepts benefits related to
25 the same pregnancy from more than one agency or intermediary
26 without disclosing that fact to each entity commits a
27 misdemeanor of the second degree, punishable as provided in s.
28 775.082 or s. 775.083. In addition to any other penalty or
29 liability allowed by law, a person who knowingly and willfully
30 provides false information under this chapter or who, with
31 intent to defraud, accepts benefits related to the same
211
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 pregnancy from more than one agency or intermediary without
2 disclosing that fact to each entity and to any prospective
3 adoptive parent providing sums for the payment of the benefits
4 is liable for sums paid by anyone who paid sums permitted
5 under this chapter in anticipation of or in connection with an
6 adoption. A person seeking to collect moneys under this
7 section may do so by filing a civil action or may be awarded
8 restitution in a criminal prosecution.
9 Section 82. Section 63.039, Florida Statutes, is
10 created to read:
11 63.039 Duty of adoption entity to prospective adoptive
12 parents; sanctions.--
13 (1) An adoption entity placing a minor for adoption
14 has an affirmative duty to follow the requirements of this
15 chapter, specifically the following provisions, which protect
16 and promote the well-being of persons being adopted and their
17 birth and adoptive parents by promoting certainty, finality,
18 and permanency for such persons:
19 (a) Provide written initial disclosure to the adoptive
20 parent at the time and in the manner required under s.
21 63.085(1);
22 (b) Obtain a written statement by the adoptive parent
23 acknowledging receipt of the written initial disclosure and
24 distribute copies of that acknowledgment at the time and in
25 the manner required under s. 63.085(3);
26 (c) Provide written initial and postbirth disclosure
27 to the birth parent at the time and in the manner required
28 under s. 63.085;
29 (d) Obtain a written statement by the birth parent
30 acknowledging receipt of the written initial and postbirth
31 disclosure and distribute copies of that acknowledgment at the
212
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 time and in the manner required under s. 63.085(3);
2 (e) When a written consent for adoption is obtained,
3 obtain the consent at the time and in the manner required
4 under s. 63.082;
5 (f) When a written consent or affidavit of
6 nonpaternity for adoption is obtained, obtain a consent or
7 affidavit of nonpaternity that contains the language required
8 under s. 63.062 or s. 63.082;
9 (g) Include in the petition to terminate parental
10 rights pending adoption all information required under s.
11 63.087(6)(e);
12 (h) Obtain and file the affidavit of inquiry required
13 under s. 63.088(3);
14 (i) When the identity of a person whose consent to
15 adoption is necessary under this chapter is known but the
16 location of such a person is unknown, conduct the
17 due-diligence search and file the affidavit required under s.
18 63.088(4);
19 (j) Serve the petition and notice of hearing to
20 terminate parental rights pending adoption at the time and in
21 the manner required by s. 63.088; and
22 (k) Hold the hearings required under this chapter no
23 sooner than permitted by this chapter.
24 (2) An adoption entity that materially fails to meet a
25 duty specified in subsection (1), may be liable to the
26 prospective adoptive parents for all sums paid by the
27 prospective adoptive parents or on their behalf in
28 anticipation of or in connection with an adoption.
29 (3) If a court finds that a consent taken under this
30 chapter was obtained by fraud or duress attributable to the
31 adoption entity, the court must award all sums paid by the
213
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 prospective adoptive parents or on their behalf in
2 anticipation of or in connection with the adoption. The court
3 may also award reasonable attorney's fees and costs incurred
4 by the prospective adoptive parents in connection with the
5 adoption and any litigation related to placement or adoption
6 of a minor. An award under this subsection must be paid
7 directly to the prospective adoptive parents by the adoption
8 entity.
9 (4) If a person whose consent to an adoption is
10 necessary under s. 63.062 prevails in an action to set aside a
11 consent to adoption, a judgment terminating parental rights
12 pending adoption, or a judgment of adoption, the court must
13 award a reasonable attorney's fee to the prevailing party. An
14 award under this subsection is to be paid by the adoption
15 entity if the court finds that the acts or omissions of the
16 entity were the basis for the court's order granting relief to
17 the prevailing party.
18 (5) The court must provide to The Florida Bar any
19 order that imposes sanctions under this section against an
20 attorney, whether acting as an adoption agency or as an
21 intermediary. The court must provide to the Department of
22 Children and Family Services any order that imposes sanctions
23 under this section against an agency. The order must be
24 provided within 30 days after the date that the order was
25 issued.
26 Section 83. Section 63.052, Florida Statutes, is
27 amended to read:
28 63.052 Guardians designated; proof of commitment.--
29 (1) For minors who have been placed for adoption with
30 and permanently committed to an agency, the agency shall be
31 the guardian of the person of the minor child; for those who
214
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 have been placed for adoption with and permanently committed
2 to the department, the department shall be the guardian of the
3 person of the minor child.
4 (2) For minors who have been voluntarily surrendered
5 to an intermediary through an execution of consent to
6 adoption, the intermediary shall be responsible for the child
7 until the time a court orders preliminary approval of
8 placement of the child in the prospective adoptive home, at
9 which time the prospective adoptive parents become guardians
10 pending finalization of adoption. Until a court has terminated
11 parental rights pending adoption and has ordered preliminary
12 approval of placement of the minor in the adoptive home, the
13 minor must be placed in the care of a birth relative, placed
14 in foster care, or placed in the care of a prospective
15 adoptive home that has received a favorable home study by a
16 licensed child placing agency, a licensed professional, or an
17 agency described in s. 61.20(2) within 1 year before such
18 placement of the minor with the prospective adoptive parents.
19 The fact that a minor is temporarily placed with the
20 prospective adoptive parents does not give rise to a
21 presumption that the parental rights of the birth parents will
22 subsequently be terminated.
23 (2) For minors who have been placed for adoption with
24 or voluntarily surrendered to an agency, but have not been
25 permanently committed to the agency, the agency shall have the
26 responsibility and authority to provide for the needs and
27 welfare for such minors. For those minors placed for adoption
28 with or voluntarily surrendered to the department, but not
29 permanently committed to the department, the department shall
30 have the responsibility and authority to provide for the needs
31 and welfare for such minors. The adoption entity may
215
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 department, an intermediary, or a licensed child-placing
2 agency has the authority to authorize all appropriate medical
3 care for a minor the children who has have been placed for
4 adoption with or voluntarily surrendered to them. The
5 provisions of s. 627.6578 shall remain in effect
6 notwithstanding the guardianship provisions in this section.
7 (3) If a minor is surrendered to an intermediary for
8 subsequent adoption and a suitable prospective adoptive home
9 is not available under s. 63.092 at the time the minor is
10 surrendered to the intermediary or, if the minor is a newborn
11 admitted to a licensed hospital or birth center, at the time
12 the minor is discharged from the hospital or birth center the
13 minor must be placed in licensed foster care, the intermediary
14 shall be responsible for the child until a suitable
15 prospective adoptive home is available under s. 63.092.
16 (4) If a minor child is voluntarily surrendered to an
17 intermediary for subsequent adoption and the adoption does not
18 become final within 180 days, the intermediary must report to
19 the court on the status of the minor child and the court may
20 at that time proceed under s. 39.453 or take action reasonably
21 necessary to protect the best interest of the minor child.
22 (5) The recital in the written consent given by the
23 department that the minor child sought to be adopted has been
24 permanently committed to the department shall be prima facie
25 proof of such commitment. The recital in the written consent
26 given by a licensed child-placing agency or the declaration in
27 an answer or recommendation filed by a licensed child-placing
28 agency that the minor child has been permanently committed and
29 the child-placing agency is duly licensed by the department
30 shall be prima facie proof of such commitment and of such
31 license.
216
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (6) Unless otherwise authorized by law, the department
2 is not responsible for expenses incurred by licensed
3 child-placing agencies or intermediaries participating in
4 placement of a minor child for the purposes of adoption.
5 (7) The court retains jurisdiction over a minor who
6 has been placed for adoption until the adoption is final.
7 After a minor is placed with an adoption entity or prospective
8 adoptive parent, the court has jurisdiction for the purpose of
9 reviewing the status of the minor and the progress being made
10 toward permanent adoptive placement. As part of this
11 continuing jurisdiction, for good cause shown by a person
12 whose consent to an adoption is required under s. 63.062, by a
13 party to any proceeding involving the minor, or upon the
14 court's own motion, the court may review the appropriateness
15 of the adoptive placement of the minor.
16 Section 84. Section 63.062, Florida Statutes, is
17 amended to read:
18 63.062 Persons required to consent to adoption.--
19 (1) Unless supported by one or more of the grounds
20 enumerated under s. 63.089(3) consent is excused by the court,
21 a petition to terminate parental rights pending adoption adopt
22 a minor may be granted only if written consent has been
23 executed as provided in s. 63.082 after the birth of the minor
24 or notice has been served under s. 63.088 to by:
25 (a) The mother of the minor.
26 (b) The father of the minor, if:
27 1. The minor was conceived or born while the father
28 was married to the mother;.
29 2. The minor is his child by adoption;.
30 3. The minor has been established by court proceeding
31 to be his child.
217
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 (c) If there is no father as set forth in subsection
2 (b), any man for whom the minor has been established to be his
3 child by scientific tests that are generally acceptable within
4 the scientific community to show a probability of paternity.
5 (d) If there is no father as set forth in subsection
6 (b) or subsection (c), any man who:
7 1.4. He Has acknowledged in writing, signed in the
8 presence of a competent witness, that he is the father of the
9 minor and has filed such acknowledgment with the Office of
10 Vital Statistics of the Department of Health;.
11 2.5. He Has provided the child or the mother during
12 her pregnancy with support in a repetitive, customary manner;.
13 3. Has been identified by the birth mother as a person
14 she has reason to believe may be the father of the minor in an
15 action to terminate parental rights pending adoption pursuant
16 to this chapter; or
17 4. Is a party in any pending proceeding in which
18 paternity, custody, or termination of parental rights
19 regarding the minor is at issue.
20 (e)(c) The minor, if more than 12 years of age, unless
21 the court in the best interest of the minor dispenses with the
22 minor's consent.
23 (2) Any person whose consent is required under
24 paragraph (1)(b), paragraph (1)(c), or paragraph (1)(d) may
25 execute an affidavit of nonpaternity in lieu of a consent
26 under this section and by doing so waives notice to all court
27 proceedings after the date of execution. An affidavit of
28 nonpaternity must be executed under s. 63.082 and the person
29 executing the affidavit must receive disclosure under s.
30 63.085 prior to signing the affidavit. An affidavit of
31 nonpaternity must be in substantially the following form:
218
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1
2 AFFIDAVIT OF NONPATERNITY
3
4 1. I have personal knowledge of the facts
5 stated herein.
6 2. I have been told that ...... has a child. I
7 shall not establish or
8 claim paternity for this child.
9 3. The child noted herein was not conceived or
10 born while the birth mother was married to me.
11 I AM NOT MARRIED TO THE BIRTH MOTHER, nor do I
12 intend to marry the birth mother.
13 4. I have not provided the birth mother with
14 child support or prebirth support; I have not
15 provided her with prenatal care nor assisted
16 her with medical expenses; I have not provided
17 the birth mother or her child or unborn child
18 with support of any kind, nor do I intend to do
19 so.
20 5. I have no interest in assuming the
21 responsibilities of parenthood for this child.
22 I will not acknowledge in writing to be the
23 father of this child nor institute court
24 proceedings to establish the child to be mine.
25 6. I do not object to any decision or
26 arrangements ... makes regarding this child,
27 including adoption.
28
29 I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO
30 TERMINATE PARENTAL RIGHTS OR FINALIZE AN
31 ADOPTION UNDER THIS CHAPTER.
219
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1
2 (3)(2) The court may require that consent be executed
3 by:
4 (a) Any person lawfully entitled to custody of the
5 minor; or
6 (b) The court having jurisdiction to determine custody
7 of the minor, if the person having physical custody of the
8 minor has no authority to consent to the adoption.
9 (4)(3) The petitioner must make good faith and
10 diligent efforts as provided under s. 63.088 to notify, and
11 obtain written consent from, the persons required to consent
12 to adoption under s. 63.062 within 60 days after filing the
13 petition. These efforts may include conducting interviews and
14 record searches to locate those persons, including verifying
15 information related to location of residence, employment,
16 service in the Armed Forces, vehicle registration in this
17 state, and corrections records.
18 (5)(4) If parental rights to the minor have previously
19 been terminated, a licensed child-placing agency or the
20 department with which the minor child has been placed for
21 subsequent adoption may provide consent to the adoption. In
22 such case, no other consent is required.
23 (6)(5) A petition to adopt an adult may be granted if:
24 (a) Written consent to adoption has been executed by
25 the adult and the adult's spouse, if any.
26 (b) Written consent to adoption has been executed by
27 the birth parents, if any, or proof of service of process has
28 been filed, showing notice has been served on the parents as
29 provided in this chapter section.
30 Section 85. Section 63.082, Florida Statutes, is
31 amended to read:
220
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 63.082 Execution of consent or affidavit of
2 nonpaternity; family medical history; withdrawal of consent.--
3 (1) Consent or an affidavit of nonpaternity shall be
4 executed as follows:
5 (a) If by the person to be adopted, by oral or written
6 statement in the presence of the court or by being
7 acknowledged before a notary public.
8 (b) If by an agency, by affidavit from its authorized
9 representative.
10 (c) If by any other person, in the presence of the
11 court or by affidavit.
12 (d) If by a court, by an appropriate order or
13 certificate of the court.
14 (2) A consent that does not name or otherwise identify
15 the adopting parent is valid if the consent contains a
16 statement by the person consenting that the consent was
17 voluntarily executed and that identification of the adopting
18 parent is not required for granting the consent.
19 (3)(a) The department must provide a consent form and
20 a family social and medical history form to an adoption entity
21 that intermediary who intends to place a child for adoption.
22 The forms completed by the birth parents must be attached to
23 the petition to terminate parental rights pending adoption and
24 must contain such biological and sociological information, or
25 such information as to the family medical history, regarding
26 the minor child and the birth parents as is required by the
27 department. The information must be incorporated into the
28 final home investigation report specified in s. 63.125. The
29 court may also require that the birth mother and birth father
30 must be interviewed by a representative of the department, a
31 licensed child-placing agency, or a professional pursuant to
221
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 s. 63.092 before the consent is executed, unless the birth
2 parent is found to be an unlocated parent or an unidentified
3 parent. A summary of each interview, or a statement that the
4 parent is unlocated or unidentified, must be filed with the
5 petition to terminate parental rights pending adoption and
6 included in the final home study filed under s. 63.125.
7 (b) Consent executed by the department, by a licensed
8 child-placing agency, or by an appropriate order or
9 certificate of the court under s. 63.062(3)(b) must be
10 attached to the petition to terminate parental rights pending
11 adoption and must be accompanied by a family medical history
12 that includes such information concerning the medical history
13 of the child and the birth parents as is available or readily
14 obtainable.
15 (c) If any executed consent or social and medical
16 history is unavailable because the person whose consent is
17 required is unlocated or unidentified, the petition must be
18 accompanied by the affidavit of due diligence required under
19 s. 63.088.
20 (4)(a) The consent to an adoption or affidavit of
21 nonpaternity shall not for voluntary surrender must be
22 executed before after the birth of the minor.
23 (b) A consent to adoption of a minor who is to be
24 placed for adoption under s. 63.052 upon the minor's release
25 following birth from a licensed hospital or birth center,
26 shall not be executed sooner than:
27 1. 48 hours from the time of the minor's birth; or
28 2. The day the birth mother is determined in writing,
29 either on a patient chart or in release paperwork to be fit
30 for release from a licensed hospital or birth center;
31 whichever is sooner.
222
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1
2 A consent executed under this paragraph is valid upon
3 execution and thereafter may only be withdrawn when the court
4 finds that it was obtained by fraud or under duress.
5 (c) When the minor to be adopted is not placed under
6 s. 63.052 upon the minor's release following birth from a
7 licensed hospital or birth center, the consent may be executed
8 at any time after the birth of the minor. While such consent
9 is valid upon execution, it is subject to a 3-day revocation
10 period under subsection (7).
11 (d) The consent or affidavit of nonpaternity must be
12 signed child, in the presence of two witnesses, and be
13 acknowledged before a notary public who is not signing as one
14 of the witnesses. The notary public must legibly note on the
15 consent or affidavit of nonpaternity the date and time the
16 consent or affidavit of nonpaternity was executed. The
17 witnesses' names must be typed or printed underneath their
18 signatures. The witnesses', and their home or business
19 addresses and social security numbers, driver's license
20 numbers, or state identification card numbers must be
21 included. The absence of a social security number, driver's
22 license number, or state identification card number shall not
23 be deemed to invalidate the consent. The person who signs the
24 consent or affidavit has the right to have at least one of the
25 witnesses be an individual who does not have a partnership,
26 employment, agency, or other professional or personal
27 relationship with the adoption entity or the prospective
28 adoptive parents. The person who signs the consent or
29 affidavit of nonpaternity must be given reasonable notice of
30 the right to select a witness of his or her own choosing. The
31 person who signs the consent or affidavit of nonpaternity must
223
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 acknowledge in writing on the consent or affidavit that such
2 notice was given and indicate the witness, if any, who was
3 selected by the person signing the consent or affidavit. A
4 consent to adoption must contain, in at least 16-point
5 boldfaced type, an acknowledgement of the birth parent's
6 rights in substantially the following form:
7
8 YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU
9 HAVE THE RIGHT TO DO ANY OF THE FOLLOWING
10 INSTEAD OF SIGNING THIS CONSENT OR BEFORE
11 SIGNING THIS CONSENT:
12
13 (A) CONSULT WITH AN ATTORNEY;
14 (B) HOLD, CARE FOR, AND FEED THE CHILD;
15 (C) PLACE THE CHILD IN FOSTER CARE OR WITH ANY
16 FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS
17 WILLING TO CARE FOR YOUR CHILD;
18 (D) TAKE THE CHILD HOME; AND
19 (E) FIND OUT ABOUT THE COMMUNITY RESOURCES
20 THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO
21 THROUGH WITH THE ADOPTION.
22
23 IF YOU DO SIGN THIS CONSENT, YOU ARE
24 RELINQUISHING ALL RIGHTS TO YOUR CHILD. YOUR
25 CONSENT IS VALID AND BINDING UNLESS WITHDRAWN
26 AS PERMITTED BY LAW. WHEN RELINQUISHING YOUR
27 RIGHTS TO A CHILD WHO IS TO BE PLACED FOR
28 ADOPTION UNDER S. 63.052, F.S., UPON THE
29 MINOR'S RELEASE FOLLOWING BIRTH FROM A LICENSED
30 HOSPITAL OR BIRTH CENTER, A WAITING PERIOD WILL
31 BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT FOR
224
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 ADOPTION. YOU WILL BE REQUIRED TO WAIT 48 HOURS
2 FROM THE TIME OF BIRTH, OR UNTIL THE BIRTH
3 MOTHER HAS BEEN NOTIFIED IN WRITING, EITHER ON
4 HER CHART OR IN RELEASE PAPERS THAT SHE IS FIT
5 TO BE RELEASED FROM A LICENSED HOSPITAL OR
6 BIRTHING CENTER, WHICHEVER IS SOONER, BEFORE
7 YOU MAY SIGN THE CONSENT FOR ADOPTION. ONCE YOU
8 HAVE SIGNED THE CONSENT, IT IS VALID AND
9 BINDING AND CANNOT BE WITHDRAWN UNLESS A COURT
10 FINDS THAT IT WAS OBTAINED THROUGH FRAUD OR
11 UNDER DURESS. IF YOU ARE RELINQUISHING YOUR
12 RIGHTS TO A CHILD WHO IS NOT PLACED UNDER S.
13 63.052, F.S., UPON THE MINOR'S RELEASE
14 FOLLOWING BIRTH FROM A LICENSED HOSPITAL OR
15 BIRTH CENTER, THE CONSENT MAY BE EXECUTED AT
16 ANY TIME AFTER THE BIRTH OF THE MINOR. WHILE
17 SUCH CONSENT IS VALID UPON EXECUTION, IT IS
18 SUBJECT TO A 3-DAY REVOCATION PERIOD.
19
20 WHEN THE REVOCATION PERIOD APPLIES, YOU MAY
21 WITHDRAW YOUR CONSENT FOR ANY REASON IF YOU DO
22 SO WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU
23 SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE
24 DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A
25 LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS
26 LATER.
27
28 YOU MAY DO THIS BY NOTIFYING THE ADOPTION
29 ENTITY IN WRITING THAT YOU ARE WITHDRAWING YOUR
30 CONSENT. YOU MAY DO THIS BY PRESENTING A LETTER
31 AT A UNITED STATES POST OFFICE AND ASKING THAT
225
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 THE LETTER BE SENT BY CERTIFIED UNITED STATES
2 MAIL WITH RETURN RECEIPT REQUESTED WITHIN 3
3 BUSINESS DAYS AFTER THE DATE YOU SIGNED THE
4 CONSENT OR 1 BUSINESS DAY AFTER THE DATE OF THE
5 BIRTH MOTHER'S DISCHARGE FROM A LICENSED
6 HOSPITAL OR BIRTH CENTER, WHICHEVER IS LATER.
7 AS USED IN THIS SECTION, THE TERM "BUSINESS
8 DAY" MEANS A DAY ON WHICH THE UNITED STATES
9 POST OFFICE ACCEPTS CERTIFIED MAIL FOR
10 DELIVERY. THE COST OF THIS MUST BE PAID AT THE
11 TIME OF MAILING AND THE RECEIPT SHOULD BE
12 RETAINED AS PROOF THAT CONSENT WAS WITHDRAWN IN
13 A TIMELY MANNER.
14
15 THE ADOPTION ENTITY YOU SHOULD NOTIFY IS:
16 ...(Name of Adoption Entity)..., ...(Address of
17 Adoption Entity)..., ...(Phone Number of
18 Adoption Entity).... FOLLOWING 3 BUSINESS DAYS
19 AFTER THE DATE YOU SIGNED THE CONSENT OR 1
20 BUSINESS DAY AFTER THE DATE OF THE BIRTH
21 MOTHER'S DISCHARGE FROM A LICENSED HOSPITAL OR
22 BIRTH CENTER, WHICHEVER IS LATER, YOU MAY
23 WITHDRAW YOUR CONSENT ONLY IF YOU CAN PROVE IN
24 COURT THAT CONSENT WAS OBTAINED BY FRAUD OR
25 DURESS.
26
27 (5) Before any consent to adoption or affidavit of
28 nonpaternity is executed by a birth parent, but after the
29 birth of the child, all requirements of disclosure under s.
30 63.085 must be met.
31 (6) A copy of each consent signed in an action for
226
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 termination of parental rights pending adoption must be
2 provided to each person whose consent is required under s.
3 63.062. A copy of each consent must be hand delivered, with a
4 written acknowledgement of receipt signed by the person whose
5 consent is required, or mailed by first class United States
6 mail to the address of record in the court file. If a copy of
7 a consent cannot be provided as required in this section, the
8 adoption entity must execute an acknowledgement that states
9 the reason the copy of the consent is undeliverable. The
10 original consent and acknowledgment of receipt, or the
11 acknowledgment of mailing by the adoption entity, must be
12 filed with the petition for termination of parental rights
13 pending adoption.
14 (7)(5) Consent executed under subsection (4) paragraph
15 (c) may be withdrawn for any reason by notifying the adoption
16 entity in writing by certified United States mail, return
17 receipt requested, not later than 3 business days after
18 execution of the consent or 1 business day after the date of
19 the birth mother's discharge from a licensed hospital or birth
20 center, whichever occurs later. As used in this subsection,
21 the term "business day" means a day on which the United States
22 Post Office accepts certified mail for delivery. Upon
23 receiving written notice from a person of that person's desire
24 to withdraw consent, the adoption entity must contact the
25 prospective adoptive parent to arrange a time certain for the
26 adoption entity to regain physical custody of the child,
27 unless upon motion for emergency hearing by the adoption
28 entity, the court determines in written findings that
29 placement of the minor with the person withdrawing consent may
30 endanger the minor. If the court finds that such placement may
31 endanger the minor, the court must enter an order regarding
227
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 continued placement of the child. The order shall include, but
2 not be limited to, whether temporary placement in foster care
3 is appropriate, whether an investigation by the Department of
4 Children and Families is recommended, and whether a relative
5 within the third degree is available for the temporary
6 placement. In addition, if the person withdrawing consent
7 claims to be the father of the minor but has not been
8 established to be the father by marriage, court order, or
9 scientific testing, the court may order scientific paternity
10 testing and reserve ruling on removal of the child until the
11 results of such testing have been filed with the court. The
12 adoption entity must return the minor within 3 days to the
13 physical custody of the person withdrawing consent.
14 Thereafter, consent may be withdrawn only when the court finds
15 that the consent was obtained by fraud or duress. An affidavit
16 of nonpaternity may be withdrawn only if the court finds that
17 the affidavit of nonpaternity was obtained by fraud. The
18 adoption entity must include its name, address, and telephone
19 number on the consent form.
20 Section 86. Section 63.085, Florida Statutes, is
21 amended to read:
22 (Substantial rewording of section. See
23 s. 63.085, F.S., for present text.)
24 63.085 Disclosure by adoption entity.--
25 (1) DISCLOSURE REQUIRED TO BIRTH PARENTS AND
26 PROSPECTIVE ADOPTIVE PARENTS.--Not later than 7 days after a
27 person seeking to adopt a minor or a person seeking to place a
28 minor for adoption contacts an adoption entity in person or
29 provides the adoption entity with a mailing address, the
30 entity must provide a written disclosure statement to that
31 person. If a birth parent did not initially contact the
228
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 adoption entity, the written disclosure must be provided
2 within 7 days after that birth parent is identified and
3 located. The written disclosure statement must be in
4 substantially the following form:
5
6 ADOPTION DISCLOSURE
7
8 THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE
9 PROVIDED TO ALL PERSONS CONSIDERING ADOPTION TO
10 ADVISE THEM OF THE FOLLOWING FACTS REGARDING
11 ADOPTION UNDER FLORIDA LAW:
12
13 1. Under section 63.212, Florida
14 Statutes, the existence of a placement or
15 adoption contract signed by the birth parent or
16 adoptive parent, prior approval of that
17 contract by the court, or payment of any
18 expenses permitted under Florida law does not
19 obligate anyone to sign a consent or ultimately
20 place a minor for adoption.
21 2. Under section 63.092, Florida
22 Statutes, a favorable preliminary home study
23 and a home investigation of the prospective
24 adoptive home must be completed as required by
25 chapter 63, Florida Statutes, before the minor
26 may be placed in that home.
27 3. Under section 63.082, Florida
28 Statutes, a consent for adoption or affidavit
29 of nonpaternity may not be signed until after
30 the birth of the minor. The consent or
31 affidavit of nonpaternity is valid and binding
229
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 upon execution unless withdrawn as permitted
2 under section 63.082, Florida Statutes. If the
3 minor is to be placed for adoption upon leaving
4 the hospital, the consent may not be signed
5 until 48 hours after birth or the day the birth
6 mother is released from the hospital. If the
7 minor is not placed for adoption upon leaving
8 the hospital, a 3-day revocation period
9 applies. Consent may be withdrawn for any
10 reason by notifying the adoption entity in
11 writing. In order to withdraw consent, the
12 written withdrawal of consent must be mailed no
13 later than 3 business days after execution of
14 the consent or 1 business day after the date of
15 the birth mother's discharge from a licensed
16 hospital or birth center, whichever occurs
17 later. The letter must be mailed certified
18 mail, return receipt requested. This is done by
19 presenting it at any United States Post Office,
20 and asking that the letter be sent by certified
21 United States mail with return receipt
22 requested. The cost of this must be paid at the
23 time of mailing and the receipt should be
24 retained as proof that consent was withdrawn in
25 a timely manner. For purposes of this chapter,
26 the term "business day" means a day on which
27 the United States Post Office accepts certified
28 mail for delivery. Upon receiving written
29 notice from a person of that person's desire to
30 withdraw consent, the adoption entity must
31 contact the prospective adoptive parent to
230
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 arrange a time certain to regain physical
2 custody of the child. The adoption entity must
3 return the minor within 3 days to the physical
4 custody of the person withdrawing consent.
5 Thereafter, consent may be withdrawn only if
6 the court finds that consent was obtained by
7 fraud. An affidavit of nonpaternity, once
8 executed, may be withdrawn only if the court
9 finds that it was obtained by fraud.
10 4. Under section 63.082, Florida
11 Statutes, a person who signs a consent or
12 affidavit of nonpaternity for adoption must be
13 given reasonable notice of his or her right to
14 select a person who does not have a
15 partnership, employment, agency, or other
16 professional or personal relationship with the
17 adoption entity or the prospective adoptive
18 parents to be present when the consent or
19 affidavit of nonpaternity is executed and to
20 sign the consent or affidavit as a witness.
21 5. Under section 63.088, Florida
22 Statutes, specific and extensive efforts are
23 required by law to attempt to obtain the
24 consents required under section 63.062, Florida
25 Statutes. If these efforts are unsuccessful, an
26 order terminating parental rights pending
27 adoption may not be issued by the court until
28 those requirements have been met and an
29 affidavit of service has been filed with the
30 court.
31 6. Under Florida law, an intermediary may
231
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 represent the legal interests of only the
2 adoptive parents, not of any birth parent. Each
3 person whose consent to an adoption is required
4 under section 63.062, Florida Statutes,
5 including each birth parent, is entitled to
6 seek independent legal advice and
7 representation before signing any document or
8 surrendering parental rights.
9 7. Under section 63.089, Florida
10 Statutes, the termination of parental rights
11 will occur simultaneously with the entry of a
12 judgment terminating parental rights pending
13 adoption.
14 8. Under section 63.182, Florida
15 Statutes, an action or proceeding of any kind
16 to vacate, set aside, or otherwise nullify an
17 order of adoption or an underlying order
18 terminating parental rights pending adoption on
19 any ground, including fraud or duress, must be
20 filed within 1 year after entry of the order
21 terminating parental rights pending adoption.
22 9. Under section 63.182, Florida
23 Statutes, for 1 year after the entry of a
24 judgment of adoption, any irregularity or
25 procedural defect in the adoption proceeding
26 may be the subject of an appeal contesting the
27 validity of the judgment.
28 10. Under section 63.089, Florida
29 Statutes, a judgment terminating parental
30 rights pending adoption is voidable and any
31 later judgment of adoption of that minor is
232
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 voidable if, upon the motion of a birth parent,
2 the court finds that any person knowingly gave
3 false information that prevented the birth
4 parent from timely making known his or her
5 desire to assume parental responsibilities
6 toward the minor or meeting the requirements
7 under chapter 63, Florida Statutes, to exercise
8 his or her parental rights. A motion under
9 section 63.089, Florida Statutes, must be filed
10 with the court originally entering the
11 judgment. The motion must be filed within a
12 reasonable time, but not later than 1 year
13 after the date the judgment to which the motion
14 is directed was entered.
15 11. Under section 63.165, Florida
16 Statutes, the State of Florida maintains a
17 registry of adoption information. Information
18 about the registry is available from the
19 Department of Children and Family Services.
20 12. Under section 63.032, Florida
21 Statutes, a court may find that a birth parent
22 has abandoned his or her child based on conduct
23 during the pregnancy or based on conduct after
24 the child is born. In addition, under section
25 63.089, Florida Statutes, the failure of a
26 birth parent to respond to notices of
27 proceedings involving his or her child shall
28 result in termination of parental rights of a
29 birth parent. A lawyer can explain what a birth
30 parent must do to protect his or her parental
31 rights. Any birth parent wishing to protect his
233
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 or her parental rights should act IMMEDIATELY.
2 13. Each birth parent and adoptive parent
3 is entitled to independent legal advice and
4 representation. Attorney information may be
5 obtained from the yellow pages, The Florida
6 Bar's lawyer referral service, and local legal
7 aid offices and bar associations.
8 14. There are counseling services
9 available in the community to assist in making
10 a parenting decision. Consult the yellow pages
11 of the telephone directory.
12 15. Medical and social services support
13 is available if the birth parent wishes to
14 retain parental rights and responsibilities.
15 Consult the Department of Children and Family
16 Services.
17
18 (2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
19 must obtain a written statement acknowledging receipt of the
20 disclosure required under subsection (1) and signed by the
21 persons receiving the disclosure or, if it is not possible to
22 obtain such an acknowledgement, the adoption entity must
23 execute an affidavit stating why an acknowledgement could not
24 be obtained. A copy of the acknowledgement of receipt of the
25 disclosure must be provided to the person signing it. A copy
26 of the acknowledgement or affidavit executed by the adoption
27 entity in lieu of the acknowledgement must be maintained in
28 the file of the adoption entity. The original acknowledgement
29 or affidavit must be filed with the court. In the case of a
30 disclosure provided under subsection (1), the original
31 acknowledgement or affidavit must be included in the
234
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 preliminary home study required in s. 63.092(3).
2 (3) POST-BIRTH DISCLOSURE TO BIRTH PARENTS.--Before
3 execution of any consent to adoption by a birth parent, but
4 after the birth of the minor, all requirements of subsections
5 (1) and (2) for making certain disclosures to a birth parent
6 and obtaining a written acknowledgment of receipt must be
7 repeated.
8 Section 87. Section 63.087, Florida Statutes, is
9 created to read:
10 63.087 Proceeding to terminate parental rights pending
11 adoption; general provisions.--
12 (1) INTENT.--It is the intent of the Legislature to
13 provide a proceeding in which the court determines whether a
14 minor is legally available for adoption through a separate
15 proceeding to address termination of parental rights prior to
16 the filing of a petition for adoption.
17 (2) GOVERNING RULES.--The Florida Family Law Rules of
18 Procedure govern a proceeding to terminate parental rights
19 pending adoption unless otherwise provided by law.
20 (3) JURISDICTION.--A court of this state which is
21 competent to decide child welfare or custody matters has
22 jurisdiction to hear all matters arising from a proceeding to
23 terminate parental rights pending adoption. All subsequent
24 proceedings for the adoption of the minor, if the petition for
25 termination is granted, must be conducted by the same judge as
26 these proceedings whenever possible.
27 (4) VENUE.--A petition to terminate parental rights
28 pending adoption must be filed in the county where the child
29 resided for the prior 6 months or, if the child is younger
30 than 6 months of age, in the county where the birth mother or
31 birth father resided at the time of the execution of the
235
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 consent to adoption or the affidavit of nonpaternity, or, if
2 there is no consent or affidavit of nonpaternity executed by a
3 birth parent, in the county where the birth mother resides.
4 (5) PREREQUISITE FOR ADOPTION.--A petition for
5 adoption may not be filed until 30 days after the date the
6 judge signed the judgment terminating parental rights pending
7 adoption under this chapter, unless the adoptee is an adult or
8 the minor has been the subject of a judgment terminating
9 parental rights under chapter 39.
10 (6) PETITION.--
11 (a) A proceeding seeking to terminate parental rights
12 pending adoption pursuant to this chapter must be commenced by
13 the filing of an original petition after the birth of the
14 minor.
15 (b) The petition may be filed by a birth parent or
16 legal guardian of the minor.
17 (c) The petition must be entitled: "In the Matter of
18 the Proposed Adoption of a Minor Child."
19 (d) If a petition for a declaratory statement under s.
20 63.102 has previously been filed, a subsequent petition to
21 terminate parental rights pending adoption may, at the request
22 of any party or on the court's own motion, be consolidated
23 with that previous action. If the petition to terminate
24 parental rights pending adoption is consolidated with a prior
25 petition filed under this chapter for which a filing fee has
26 been paid, the petitioner may not be charged a subsequent or
27 additional filing fee.
28 (e) The petition to terminate parental rights pending
29 adoption must be in writing and signed by the petitioner under
30 oath stating the petitioner's good faith in filing the
31 petition. A written consent, affidavit of nonpaternity, or
236
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 affidavit of due diligence under s. 63.088, for each person
2 whose consent is required under s. 63.062, must be attached.
3 (f) The petition must include:
4 1. The minor's name, gender, date of birth, and place
5 of birth. The petition must contain all names by which the
6 minor is or has been known, including the minor's legal name
7 at the time of the filing of the petition, to allow interested
8 parties to the action, including birth parents, legal
9 guardians, persons with custodial or visitation rights to the
10 minor, and persons entitled to notice pursuant to the Uniform
11 Child Custody Jurisdiction Act or the Indian Child Welfare
12 Act, to identify their own interest in the action.
13 2. If the petition is filed before the day the minor
14 is 6 months old and if the identity or location of the birth
15 father is unknown, each city in which the birth mother resided
16 or traveled during the 12 months prior to the minor's birth,
17 including the county and state in which that city is located.
18 3. Unless the consent of each person whose consent is
19 required under s. 63.062 or an affidavit of nonpaternity is
20 attached to the petition, the name and address or, if a
21 specific address is unknown, the city, including the county
22 and state in which that city is located, of:
23 a. The minor's mother;
24 b. Any man whom the mother reasonably believes may be
25 the minor's father; and
26 c. Any legal custodian of the minor.
27
28 If a required name or address is not known, the petition must
29 so state.
30 4. All information required by the Uniform Child
31 Custody Jurisdiction Act and the Indian Child Welfare Act.
237
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 5. A statement of the grounds under s. 63.089 upon
2 which the petition is based.
3 6. The name, address, and telephone number of any
4 adoption entity seeking to place the minor for adoption.
5 7. The name, address, and phone number of the division
6 of the circuit in which the petition is to be filed.
7 (7) ANSWER NOT REQUIRED.--An answer to the petition or
8 any pleading need not be filed by any minor, parent, or legal
9 custodian, but any matter that might be set forth in an answer
10 or other pleading may be pleaded orally before the court or
11 filed in writing as any such person may choose.
12 Notwithstanding the filing of any answer or any pleading, any
13 person present at the hearing to terminate parental rights
14 pending adoption whose consent to adoption is required under
15 s. 63.062 must:
16 (a) Be advised by the court that he or she has a right
17 to ask that the hearing be reset for a later date so that the
18 person may consult with an attorney;
19 (b) Be given an opportunity to deny the allegations in
20 the petition; and
21 (c) Be given the opportunity to challenge the validity
22 of any consents or affidavits of nonpaternity signed by any
23 person.
24 Section 88. Section 63.088, Florida Statutes, is
25 created to read:
26 63.088 Proceeding to terminate parental rights pending
27 adoption; notice and service.--
28 (1) INITIATE LOCATION AND IDENTIFICATION
29 PROCEDURES.--When the location or identity of a person whose
30 consent to an adoption is required but is not known, the
31 adoption entity must begin the inquiry and diligent search
238
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 process required by this section not later than 7 days after
2 the date on which the person seeking to place a minor for
3 adoption has evidenced in writing to the entity a desire to
4 place the minor for adoption with that entity or not later
5 than 7 days after the date any money is provided as permitted
6 under this chapter by the adoption entity for the benefit of
7 the person seeking to place a minor for adoption.
8 (2) LOCATION AND IDENTITY KNOWN.--Before the court may
9 determine that a minor is available for adoption, and in
10 addition to the other requirements set forth in this chapter,
11 each person whose consent is required under s. 63.062, who has
12 not executed an affidavit of nonpaternity, and whose location
13 and identity has been determined by compliance with the
14 procedures in this section must be personally served, pursuant
15 to chapter 48, at least 30 days before the hearing with a copy
16 of the petition to terminate parental rights pending adoption
17 and with notice in substantially the following form:
18
19 NOTICE OF PETITION AND HEARING
20 TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION
21
22 A petition to terminate parental rights pending
23 adoption has been filed. A copy of the petition
24 is being served with this notice. There will be
25 a hearing on the petition to terminate parental
26 rights pending adoption on ... (date) ... at
27 ... (time) ... before ... (judge) ... at ...
28 (location, including complete name and street
29 address of the courthouse) .... The court has
30 set aside ... (amount of time) ... for this
31 hearing.
239
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1
2 UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE
3 TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH
4 THE COURT OR TO APPEAR AT THIS HEARING
5 CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL
6 END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING
7 THE MINOR CHILD.
8
9 (3) REQUIRED INQUIRY.--In all cases filed under this
10 section, the court must conduct the following inquiry of the
11 person who is placing the minor for adoption and of any
12 relative or custodian of the minor who is present at the
13 hearing and likely to have the following information:
14 (a) Whether the mother of the minor was married at any
15 time when conception of the minor may have occurred or at the
16 time of the birth of the minor;
17 (b) Whether the mother was cohabiting with a male at
18 any time when conception of the minor may have occurred;
19 (c) Whether the mother has received payments or
20 promises of support with respect to the minor or, because of
21 her pregnancy, from any person she has reason to believe may
22 be the father;
23 (d) Whether the mother has named any person as the
24 father on the birth certificate of the minor or in connection
25 with applying for or receiving public assistance;
26 (e) Whether any person has acknowledged or claimed
27 paternity of the minor; and
28 (f) Whether the mother knows the identity of any
29 person whom she has reason to believe may be the father.
30
31 The information required under this subsection may be provided
240
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 to the court in the form of a sworn affidavit by a person
2 having personal knowledge of the facts, addressing each
3 inquiry enumerated in this subsection. The inquiry required
4 under this subsection may be conducted before the birth of the
5 minor.
6 (4) LOCATION UNKNOWN; IDENTITY DETERMINED.--If the
7 inquiry by the court under subsection (3) identifies any
8 person whose consent is required under s. 63.062 and who has
9 not executed an affidavit of nonpaternity, and the location of
10 the person from whom consent is required is unknown, the
11 adoption entity must conduct a diligent search for that person
12 which must include the following inquiries:
13 (a) The person's current address, or any previous
14 address, through an inquiry of the United States Post Office
15 through the Freedom of Information Act;
16 (b) The last known employment of the person, including
17 the name and address of the person's employer. Inquiry should
18 be made of the last known employer as to any address to which
19 wage and earnings statements (W-2 forms) of the person have
20 been mailed. Inquiry should be made of the last known employer
21 as to whether the person is eligible for a pension or
22 profit-sharing plan and any address to which pension or other
23 funds have been mailed;
24 (c) Union memberships the person may have held or
25 unions that governed the person's particular trade or craft in
26 the area where the person last resided;
27 (d) Regulatory agencies, including those regulating
28 licensing in the area where the person last resided;
29 (e) Names and addresses of relatives to the extent
30 such can be reasonably obtained from the petitioner or other
31 sources, contacts with those relatives, and inquiry as to the
241
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 person's last known address. The petitioner shall pursue any
2 leads of any addresses where the person may have moved.
3 Relatives include, but are not limited to, parents, brothers,
4 sisters, aunts, uncles, cousins, nieces, nephews,
5 grandparents, great grandparents, former in-laws, stepparents,
6 and stepchildren;
7 (f) Information as to whether or not the person may
8 have died, and if so, the date and location;
9 (g) Telephone listings in the area where the person
10 last resided;
11 (h) Inquiries of law enforcement agencies in the area
12 where the person last resided;
13 (i) Highway patrol records in the state where the
14 person last resided;
15 (j) Department of Corrections records in the state
16 where the person last resided;
17 (k) Hospitals in the area where the person last
18 resided;
19 (l) Records of utility companies, including water,
20 sewer, cable TV, and electric companies in the area where the
21 person last resided;
22 (m) Records of the Armed Forces of the United States
23 as to whether there is any information as to the person;
24 (n) Records of the tax assessor and tax collector in
25 the area where the person last resided; and
26 (o) Search of one Internet data bank locator service.
27
28 Any person contacted by a petitioner who is requesting
29 information pursuant to this subsection must release the
30 requested information to the petitioner, except when
31 prohibited by law, without the necessity of a subpoena or
242
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 court order. An affidavit of diligent search executed by the
2 petitioner and the adoption entity must be filed with the
3 court confirming completion of each aspect of the diligent
4 search enumerated in this subsection and specifying the
5 results. The diligent search required under this subsection
6 may be conducted before the birth of the minor.
7 (5) LOCATION NOT DETERMINED OR IDENTITY UNKNOWN.--This
8 subsection only applies if, as to any person whose consent is
9 required under s. 63.062 and who has not executed an affidavit
10 of nonpaternity, the location or identity of the person is
11 unknown and the inquiry under subsection (3) fails to identify
12 the person or the due diligence search under subsection (4)
13 fails to locate the person. The unlocated or unidentified
14 person must be served notice under s. 63.088(2), of the
15 petition and hearing to terminate parental rights pending
16 adoption by constructive service in the manner provided in
17 chapter 49 in each county identified in the petition, as
18 provided in s. 63.087(6). The notice, in addition to all
19 information required in the petition under s. 63.087(6) and
20 chapter 49, must contain a physical description, including,
21 but not limited to, age, race, hair and eye color, and
22 approximate height and weight of the minor's mother and of any
23 person the mother reasonably believes may be the father; the
24 minor's date of birth; and any date and city, including the
25 county and state in which the city is located, in which
26 conception may have occurred. If any of the facts that must be
27 included in the petition under this subsection are unknown and
28 cannot be reasonably ascertained, the petition must so state.
29 Section 89. Section 63.089, Florida Statutes, is
30 created to read:
31 63.089 Proceeding to terminate parental rights pending
243
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 adoption.--
2 (1) HEARING.--The court may terminate parental rights
3 pending adoption only after a full evidentiary hearing.
4 (2) HEARING PREREQUISITES.--The court may hold the
5 hearing only when:
6 (a) For each person whose consent is required under s.
7 63.062:
8 1. A consent under s. 63.082 has been executed and
9 filed within the court;
10 2. An affidavit of nonpaternity under s. 63.082 has
11 been executed and filed with the court; or
12 3. Notice has been provided under ss. 63.087 and
13 63.088;
14 (b) For each notice and petition that must be served
15 under ss. 63.087 and 63.088:
16 1. At least 30 days have elapsed since the date of
17 personal service and an affidavit of service has been filed
18 with the court;
19 2. At least 60 days have elapsed since the first date
20 of publication of constructive service and an affidavit of
21 service has been filed with the court; or
22 3. An affidavit of nonpaternity which affirmatively
23 waives service has been executed and filed with the court;
24 (c) The minor named in the petition has been born; and
25 (d) The petition contains all information required
26 under s. 63.087 and all affidavits of inquiry, due diligence,
27 and service required under s. 63.088 have been obtained and
28 filed with the court.
29 (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
30 ADOPTION.--The court may issue a judgment terminating parental
31 rights pending adoption if the court determines by clear and
244
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 convincing evidence that each person whose consent to an
2 adoption is required under s. 63.062:
3 (a) Has executed a valid consent that has not been
4 withdrawn under s. 63.082 and the consent was obtained
5 according to the requirements of this chapter;
6 (b) Has executed an affidavit of nonpaternity and the
7 affidavit was obtained according to the requirements of this
8 chapter;
9 (c) Has been properly served notice of the proceeding
10 in accordance with the requirements of this chapter and has
11 failed to file a written answer or appear at the evidentiary
12 hearing resulting in the order terminating parental rights
13 pending adoption;
14 (d) Has abandoned the minor as abandonment is defined
15 in s. 63.032(14);
16 (e) Is a parent of the person to be adopted, which
17 parent has been judicially declared incapacitated with
18 restoration of competency found to be medically improbable;
19 (f) Is a legal guardian or lawful custodian of the
20 person to be adopted, other than a parent, who has failed to
21 respond in writing to a request for consent for a period of 60
22 days or, after examination of his or her written reasons for
23 withholding consent, is found by the court to be withholding
24 his or her consent unreasonably; or
25 (g) Is the spouse of the person to be adopted who has
26 failed to consent, and the failure of the spouse to consent to
27 the adoption is excused by reason of prolonged and unexplained
28 absence, unavailability, incapacity, or circumstances that are
29 found by the court to constitute unreasonable withholding of
30 consent.
31 (4) FINDING OF ABANDONMENT.--A finding of abandonment
245
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 resulting in a termination of parental rights must be based
2 upon clear and convincing evidence. A finding of abandonment
3 may not be based upon a lack of emotional support to a birth
4 mother during her pregnancy.
5 (a) In making a determination of abandonment the court
6 must consider:
7 1. Whether the actions alleged to constitute
8 abandonment demonstrate a willful disregard for the safety of
9 the child or unborn child;
10 2. Whether other persons prevented the person alleged
11 to have abandoned the child from making the efforts referenced
12 in this subsection;
13 3. Whether the person alleged to have abandoned the
14 child, while being able, refused to provide financial support
15 when such support was requested by the child's legal guardian
16 or custodian;
17 4. Whether the person alleged to have abandoned the
18 child, while being able, refused to pay for medical treatment
19 when such payment was requested by the child's legal guardian
20 or custodian and those expenses were not covered by insurance
21 or other available sources;
22 5. Whether the amount of support provided or medical
23 expenses paid was appropriate, taking into consideration the
24 needs of the child and relative means and resources available
25 to the person alleged to have abandoned the child and
26 available to the child's legal guardian or custodian during
27 the period the child allegedly was abandoned; and
28 6. Whether the child's legal guardian or custodian
29 made the child's whereabouts known to the person alleged to
30 have abandoned the child; advised that person of the needs of
31 the child or the needs of the mother of an unborn child with
246
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 regard to the pregnancy; or informed that person of events
2 such as medical appointments and tests relating to the child
3 or, if unborn, the pregnancy.
4 (b) The child has been abandoned when the parent of a
5 child is incarcerated on or after October 1, 1998, in a state
6 or federal correctional institution and sentenced to a term of
7 incarceration of 8 years or longer, regardless of how long the
8 person is actually incarcerated under that sentence or how
9 long the person will be incarcerated after October 1, 1998,
10 and:
11 1. The period of time for which the parent is expected
12 to be incarcerated will constitute a substantial portion of
13 the period of time before the child will attain the age of 18
14 years;
15 2. The incarcerated parent has been determined by the
16 court to be a violent career criminal as defined in s.
17 775.084, a habitual violent felony offender as defined in s.
18 775.084, or a sexual predator as defined in s. 775.21; has
19 been convicted of first degree or second degree murder in
20 violation of s. 782.04 or a sexual battery that constitutes a
21 capital, life, or first degree felony violation of s. 794.011;
22 or has been convicted of an offense in another jurisdiction
23 which is substantially similar to one of the offenses listed
24 in this paragraph. As used in this section, the term
25 "substantially similar offense" means any offense that is
26 substantially similar in elements and penalties to one of
27 those listed in this paragraph, and that is in violation of a
28 law of any other jurisdiction, whether that of another state,
29 the District of Columbia, the United States or any possession
30 or territory thereof, or any foreign jurisdiction; and
31 3. The court determines by clear and convincing
247
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 evidence that continuing the parental relationship with the
2 incarcerated parent would be harmful to the child and, for
3 this reason, that termination of the parental rights of the
4 incarcerated parent is in the best interest of the child.
5 (c) The only conduct of a father toward a mother
6 during pregnancy that the court may consider in determining
7 whether the child has been abandoned is conduct that occurred
8 after reasonable and diligent efforts have been made to inform
9 the father that he is, or may be, the father of the child.
10 (5) DISMISSAL OF CASE WITH PREJUDICE.--If the court
11 does not find by clear and convincing evidence that parental
12 rights of a birth parent should be terminated pending
13 adoption, the court must dismiss the case with prejudice and
14 that birth parent's parental rights remain in full force under
15 the law. Parental rights may not be terminated based upon a
16 consent that the court finds has been timely withdrawn under
17 s. 63.082 or a consent or affidavit of nonpaternity that the
18 court finds was obtained by fraud. The court must enter an
19 order based upon written findings providing for the placement
20 of the minor. The court may order scientific testing to
21 determine the paternity of the minor at any time during which
22 the court has jurisdiction over the minor. Further
23 proceedings, if any, regarding the minor must be brought in a
24 separate custody action under chapter 61, a dependency action
25 under chapter 39, or a paternity action under chapter 742.
26 (6) A JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
27 ADOPTION.--
28 (a) The judgment terminating parental rights pending
29 adoption must be in writing and contain findings of fact as to
30 the grounds for terminating parental rights pending adoption.
31 (b) The clerk of the court shall mail a copy of the
248
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 judgment within 24 hours after filing to the department, the
2 petitioner, and the respondent. The clerk shall execute a
3 certificate of each mailing.
4 (c) A judgment terminating parental rights pending
5 adoption is voidable and any later judgment of adoption of
6 that minor is voidable if, upon the motion of a birth parent,
7 the court finds that a person knowingly gave false information
8 that prevented the birth parent from timely making known his
9 or her desire to assume parental responsibilities toward the
10 minor or meeting the requirements under this chapter to
11 exercise his or her parental rights. A motion under this
12 paragraph must be filed with the court originally entering the
13 judgment. The motion must be filed within a reasonable time,
14 but not later than 1 year after the date the termination of
15 parental rights final order was entered.
16 (d) Not later than 30 days after the filing of a
17 motion under this subsection, the court must conduct a
18 preliminary hearing to determine what contact, if any, shall
19 be permitted between a birth parent and the child pending
20 resolution of the motion. Such contact shall only be
21 considered if it is requested by a birth parent who has
22 appeared at the hearing. If the court orders contact between a
23 birth parent and child, the order must be issued in writing as
24 expeditiously as possible and must state with specificity any
25 provisions regarding contact with persons other than those
26 with whom the child resides.
27 (e) At the preliminary hearing, the court, upon the
28 motion of any party or its own motion, may order scientific
29 testing to determine the paternity of the minor if the person
30 seeking to set aside the judgment is alleging to be the
31 child's birth father and that fact has not previously been
249
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1 determined by legitimacy or scientific testing. The court may
2 order supervised visitation with a person from whom scientific
3 testing for paternity has been ordered conditional upon the
4 filing of those test results with the court and such results
5 establish that person's paternity of the minor.
6 (f) No later than 45 days after the preliminary
7 hearing, the court must conduct a final hearing on the motion
8 to set aside the judgment and issue its written order as
9 expeditiously as possible thereafter.
10 (7) RECORDS; CONFIDENTIAL INFORMATION.--All records
11 pertaining to a petition to terminate parental rights pending
12 adoption are records related to the subsequent adoption of the
13 minor and are subject to the provisions of s. 63.162, as such
14 provisions apply to records of an adoption proceeding. The
15 confidentiality provisions of this chapter do not apply to the
16 extent information regarding persons or proceedings must be
17 made available as specified under s. 63.088.
18 Section 90. Section 63.092, Florida Statutes, is
19 amended to read:
20 63.092 Report to the court of intended placement by an
21 intermediary; preliminary study.--
22 (1) REPORT TO THE COURT.--The adoption entity
23 intermediary must report any intended placement of a minor for
24 adoption with any person not related within the third degree
25 or a stepparent if the adoption entity intermediary has
26 knowledge of, or participates in, such intended placement. The
27 report must be made to the court before the minor is placed in
28 the home.
29 (2) AT-RISK PLACEMENT.--If the minor is placed in the
30 prospective adoptive home before the parental rights of the
31 minor's birth parents are terminated under s. 63.089, the
250
12:12 PM 04/30/98 h3883.ju25.0b
SENATE AMENDMENT
Bill No. CS/HB 3883, 2nd Eng.
Amendment No.
1