House Bill 3883

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    Florida House of Representatives - 1998                HB 3883

        By Representative Lynn






  1                      A bill to be entitled

  2         An act relating to protection of children;

  3         reorganizing and revising ch. 39, F.S.;

  4         providing for pt. I of said chapter, entitled

  5         "General Provisions"; amending ss. 39.001 and

  6         39.002, F.S.; revising purposes and intent;

  7         providing for personnel standards and screening

  8         and for drug testing; amending s. 39.01, F.S.;

  9         revising definitions; renumbering and amending

10         s. 39.455, F.S., relating to immunity from

11         liability for agents of the Department of

12         Children and Family Services or a social

13         service agency; amending s. 39.012, F.S.;

14         providing requirements for department rules;

15         renumbering and amending s. 39.40, F.S.,

16         relating to procedures and jurisdiction;

17         providing for right to counsel; renumbering s.

18         39.4057, F.S., relating to permanent mailing

19         address designation; renumbering and amending

20         s. 39.411, F.S., relating to oaths, records,

21         and confidential information; renumbering s.

22         39.414, F.S., relating to court and witness

23         fees; renumbering and amending ss. 39.415 and

24         39.474, F.S., relating to compensation of

25         appointed counsel; renumbering and amending s.

26         39.418, F.S., relating to the Operations and

27         Maintenance Trust Fund; providing for pt. II of

28         ch. 39, F.S., entitled "Reporting Child Abuse";

29         renumbering and amending s. 415.504, F.S.,

30         relating to mandatory reports of child abuse,

31         abandonment, or neglect; renumbering and

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  1         amending s. 415.511, F.S., relating to immunity

  2         from liability in cases of child abuse,

  3         abandonment, or neglect; renumbering and

  4         amending s. 415.512, F.S., relating to

  5         abrogation of privileged communications in

  6         cases of child abuse, abandonment, or neglect;

  7         renumbering and amending s. 415.513, F.S.,

  8         relating to penalties relating to reporting of

  9         child abuse, abandonment, or neglect;

10         renumbering and amending s. 415.5131, F.S.,

11         relating to administrative fines for false

12         reporting; providing for pt. III of ch. 39,

13         F.S., entitled "Protective Investigations";

14         creating s. 39.301, F.S.; providing for child

15         protective investigations; creating s. 39.302,

16         F.S.; providing for protective investigations

17         of institutional child abuse, abandonment, or

18         neglect; renumbering and amending s. 415.5055,

19         F.S., relating to child protection teams and

20         services and eligible cases; creating s.

21         39.3035, F.S.; providing standards for child

22         advocacy centers eligible for state funding;

23         renumbering and amending s. 415.507, F.S.,

24         relating to photographs, medical examinations,

25         X rays, and medical treatment of an abused,

26         abandoned, or neglected child; renumbering and

27         amending s. 415.5095, F.S., relating to a model

28         plan for intervention and treatment in sexual

29         abuse cases; creating s. 39.306, F.S.;

30         providing for working agreements with local law

31         enforcement to perform criminal investigations;

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  1         renumbering and amending s. 415.50171, F.S.,

  2         relating to reports of child-on-child sexual

  3         abuse; providing for pt. IV of ch. 39, F.S.,

  4         entitled "Family Builders Program"; renumbering

  5         and amending s. 415.515, F.S., relating to

  6         establishment of the program; renumbering and

  7         amending s. 415.516, F.S., relating to goals of

  8         the program; renumbering and amending s.

  9         415.517, F.S., relating to contracts for

10         services; renumbering and amending s. 415.518,

11         F.S., relating to family eligibility;

12         renumbering s. 415.519, F.S., relating to

13         delivery of services; renumbering and amending

14         s. 415.520, F.S., relating to qualifications of

15         program workers; renumbering s. 415.521, F.S.,

16         relating to outcome evaluation; renumbering and

17         amending s. 415.522, F.S., relating to funding;

18         providing for pt. V of ch. 39, F.S., entitled

19         "Taking Children into Custody and Shelter

20         Hearings"; creating s. 39.395, F.S.; providing

21         for medical or hospital personnel taking a

22         child into protective custody; amending s.

23         39.401, F.S.; providing for law enforcement

24         officers or authorized agents of the department

25         taking a child alleged to be dependent into

26         custody; amending s. 39.402, F.S., relating to

27         placement in a shelter; amending s. 39.407,

28         F.S., relating to physical and mental

29         examination and treatment of a child and

30         physical or mental examination of a person

31         requesting custody; renumbering and amending s.

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  1         39.4033, F.S., relating to referral of a

  2         dependency case to mediation; providing for pt.

  3         VI of ch. 39, F.S., entitled "Petition,

  4         Arraignment, Adjudication, and Disposition";

  5         renumbering and amending s. 39.404, F.S.,

  6         relating to petition for dependency;

  7         renumbering and amending s. 39.405, F.S.,

  8         relating to notice, process, and service;

  9         renumbering and amending s. 39.4051, F.S.,

10         relating to procedures when the identity or

11         location of the parent, legal custodian, or

12         caregiver is unknown; renumbering and amending

13         s. 39.4055, F.S., relating to injunction

14         pending disposition of a petition for detention

15         or dependency; renumbering and amending s.

16         39.406, F.S., relating to answers to petitions

17         or other pleadings; renumbering and amending s.

18         39.408(1), F.S., relating to arraignment

19         hearings; renumbering and amending ss.

20         39.408(2) and 39.409, F.S., relating to

21         adjudicatory hearings and orders; renumbering

22         and amending ss. 39.408(3) and (4) and 39.41,

23         F.S., relating to disposition hearings and

24         powers of disposition; renumbering and amending

25         s. 39.4105, F.S., relating to grandparents

26         rights; renumbering and amending s. 39.413,

27         F.S., relating to appeals; providing for pt.

28         VII of ch. 39, F.S., entitled "Case Plans";

29         renumbering and amending s. 39.4031, F.S.,

30         relating to case plan requirements and case

31         planning for children in out-of-home care;

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  1         renumbering and amending s. 39.452(1)-(4),

  2         F.S., relating to case planning for children in

  3         out-of-home care when the parents, legal

  4         custodians, or caregivers do not participate;

  5         renumbering and amending s. 39.452(5), F.S.,

  6         relating to court approvals of case planning;

  7         providing for pt. VIII of ch. 39, F.S.,

  8         entitled "Judicial Reviews"; renumbering and

  9         amending s. 39.453, F.S., relating to judicial

10         review of the status of a child; renumbering

11         and amending s. 39.4531, F.S., relating to

12         citizen review panels; renumbering and amending

13         s. 39.454, F.S., relating to initiation of

14         proceedings for termination of parental rights;

15         renumbering and amending s. 39.456, F.S.,

16         relating to exemptions from judicial review;

17         providing for pt. IX of ch. 39, F.S., entitled

18         "Termination of Parental Rights"; renumbering

19         and amending ss. 39.46 and 39.462, F.S.,

20         relating to procedures, jurisdiction, and

21         service of process; renumbering and amending

22         ss. 39.461 and 39.4611, F.S., relating to

23         petition for termination of parental rights,

24         and filing and elements thereof; creating s.

25         39.803, F.S.; providing procedures when the

26         identity or location of the parent is unknown

27         after filing a petition for termination of

28         parental rights; renumbering s. 39.4627, F.S.,

29         relating to penalties for false statements of

30         paternity; renumbering and amending s. 39.463,

31         F.S., relating to petitions and pleadings for

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  1         which no answer is required; renumbering and

  2         amending s. 39.464, F.S., relating to grounds

  3         for termination of paternal rights; renumbering

  4         and amending s. 39.465, F.S., relating to right

  5         to counsel and appointment of a guardian ad

  6         litem; renumbering and amending s. 39.466,

  7         F.S., relating to advisory hearings;

  8         renumbering and amending s. 39.467, F.S.,

  9         relating to adjudicatory hearings; renumbering

10         and amending s. 39.4612, F.S., relating to the

11         manifest best interests of the child;

12         renumbering and amending s. 39.469, F.S.,

13         relating to powers of disposition and order of

14         disposition; renumbering and amending s. 39.47,

15         F.S., relating to post disposition relief;

16         creating s. 39.813, F.S.; providing for

17         continuing jurisdiction of the court which

18         terminates parental rights over all matters

19         pertaining to the child's adoption; renumbering

20         s. 39.471, F.S., relating to oaths, records,

21         and confidential information; renumbering and

22         amending s. 39.473, F.S., relating to appeal;

23         creating s. 39.816, F.S.; authorizing certain

24         pilot and demonstration projects contingent on

25         receipt of federal grants or contracts;

26         creating s. 39.817, F.S.; providing for a

27         foster care demonstration pilot project;

28         providing for pt. X of ch. 39, F.S., entitled

29         "Domestic Violence"; renumbering s. 415.601,

30         F.S., relating to legislative intent regarding

31         treatment and rehabilitation of victims and

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  1         perpetrators; renumbering and amending s.

  2         415.602, F.S., relating to definitions;

  3         renumbering and amending s. 415.603, F.S.,

  4         relating to duties and functions of the

  5         department; renumbering and amending s.

  6         415.604, F.S., relating to an annual report to

  7         the Legislature; renumbering and amending s.

  8         415.605, F.S., relating to domestic violence

  9         centers; renumbering s. 415.606, F.S., relating

10         to referral to such centers and notice of

11         rights; renumbering s. 415.608, F.S., relating

12         to confidentiality of information received by

13         the department or a center; amending ss. 20.19,

14         20.43, 61.13, 61.401, 63.052, 63.092, 90.5036,

15         154.067, 216.136, 232.50, 318.21, 384.29,

16         392.65, 393.063, 395.1023, 400.4174, 400.556,

17         402.165, 402.166, 409.1672, 409.176, 409.2554,

18         409.9126, 414.065, 415.5082, 415.5087, 447.401,

19         464.018, 490.014, 491.014, 741.30, 744.309,

20         784.075, 933.18, 944.401, 944.705, 984.03,

21         984.10, 984.15, 984.24, 985.03, and 985.303,

22         F.S.; correcting cross references; conforming

23         related provisions and references; amending ss.

24         213.053 and 409.2577, F.S.; authorizing

25         disclosure of certain confidential taxpayer and

26         parent locator information for diligent search

27         activities under ch. 39, F.S.; creating s.

28         415.5076, F.S.; providing definitions relating

29         to guardian ad litem and guardian advocate

30         appointments; creating s. 435.045, F.S.;

31         providing background screening requirements for

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  1         prospective foster or adoptive parents;

  2         amending s. 943.045, F.S.; providing that the

  3         Department of Children and Family Services is a

  4         "criminal justice agency" for purposes of the

  5         criminal justice information system; repealing

  6         s. 39.0195, F.S., relating to sheltering

  7         unmarried minors and aiding unmarried runaways;

  8         repealing s. 39.0196, F.S., relating to

  9         children locked out of the home; repealing ss.

10         39.39, 39.449, and 39.459, F.S., relating to

11         definition of "department"; repealing s.

12         39.403, F.S., relating to protective

13         investigation; repealing s. 39.4032, F.S.,

14         relating to multidisciplinary case staffing;

15         repealing s. 39.4052, F.S., relating to

16         affirmative duty of written notice to adult

17         relatives; repealing s. 39.4053, F.S., relating

18         to diligent search after taking a child into

19         custody; repealing s. 39.45, F.S., relating to

20         legislative intent regarding foster care;

21         repealing s. 39.457, F.S., relating to a pilot

22         program in Leon County to provide additional

23         benefits to children in foster care; repealing

24         s. 39.4625, F.S., relating to identity or

25         location of parent unknown after filing of

26         petition for termination of parental rights;

27         repealing s. 39.472, F.S., relating to court

28         and witness fees; repealing s. 39.475, F.S.,

29         relating to rights of grandparents; repealing

30         s. 415.501, F.S., relating to prevention of

31         abuse and neglect of children and a state plan

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  1         therefor; repealing s. 415.5015, F.S., relating

  2         to child abuse prevention training in the

  3         district school system; repealing ss. 415.5016,

  4         415.50165, 415.5017, 415.50175, 415.5018,

  5         415.50185, and 415.5019, F.S., relating to

  6         purpose and legislative intent, definitions,

  7         procedures, confidentiality of records,

  8         district authority and responsibilities,

  9         outcome evaluation, and rules, for the family

10         services response system; repealing s. 415.502,

11         F.S., relating to legislative intent for

12         comprehensive protective services for abused or

13         neglected children; repealing s. 415.503, F.S.,

14         relating to definitions; repealing s. 415.505,

15         F.S., relating to child protective

16         investigations and investigations of

17         institutional child abuse or neglect; repealing

18         s. 415.506, F.S., relating to taking a child

19         into protective custody; repealing s. 415.5075,

20         F.S., relating to rules for medical screening

21         and treatment of children; repealing s.

22         415.509, F.S., relating to public agencies'

23         responsibilities for prevention,

24         identification, and treatment of child abuse

25         and neglect; repealing s. 415.514, F.S.,

26         relating to rules for protective services;

27         providing an effective date.

28

29  Be It Enacted by the Legislature of the State of Florida:

30

31

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  1         Section 1.  Part I of chapter 39, Florida Statutes,

  2  consisting of sections 39.001, 39.01, 39.011, 39.012, 39.013,

  3  39.0131, 39.0132, 39.0133, 39.0134, and 39.0135, Florida

  4  Statutes, shall be entitled to read:

  5                              PART I

  6                        GENERAL PROVISIONS

  7         Section 2.  Section 39.001, Florida Statutes, is

  8  amended, subsection (3) of said section is renumbered as

  9  subsection (6), and section 39.002, Florida Statutes, is

10  renumbered as subsections (3), (4), and (5) of said section

11  and amended, to read:

12         39.001  Purposes and intent; personnel standards and

13  screening.--

14         (1)  PURPOSES OF CHAPTER.--The purposes of this chapter

15  are:

16         (a)(b)  To provide for the care, safety, and protection

17  of children in an environment that fosters healthy social,

18  emotional, intellectual, and physical development; to ensure

19  secure and safe custody; and to promote the health and

20  well-being of all children under the state's care.

21         (b)  To recognize that most families desire to be

22  competent caregivers and providers for their children and that

23  children achieve their greatest potential when families are

24  able to support and nurture the growth and development of

25  their children. Therefore, the Legislature finds that policies

26  and procedures that provide for intervention through the

27  department's child protection system should be based on the

28  following principles:

29         1.  The health and safety of the children served shall

30  be of paramount concern.

31

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  1         2.  The intervention should engage families in

  2  constructive, supportive, and nonadversarial relationships.

  3         3.  The intervention should intrude as little as

  4  possible into the life of the family, be focused on clearly

  5  defined objectives, and take the most parsimonious path to

  6  remedy a family's problems.

  7         4.  The intervention should be based upon outcome

  8  evaluation results that demonstrate success in protecting

  9  children and supporting families.

10         (c)  To provide a child protection system that reflects

11  a partnership between the department, other agencies, and

12  local communities.

13         (d)  To provide a child protection system that is

14  sensitive to the social and cultural diversity of the state.

15         (e)  To provide procedures which allow the department

16  to respond to reports of child abuse, abandonment, or neglect

17  in the most efficient and effective manner that ensures the

18  health and safety of children and the integrity of families.

19         (c)  To ensure the protection of society, by providing

20  for a comprehensive standardized assessment of the child's

21  needs so that the most appropriate control, discipline,

22  punishment, and treatment can be administered consistent with

23  the seriousness of the act committed, the community's

24  long-term need for public safety, the prior record of the

25  child and the specific rehabilitation needs of the child,

26  while also providing whenever possible restitution to the

27  victim of the offense.

28         (f)(d)  To preserve and strengthen the child's family

29  ties whenever possible, removing the child from parental

30  custody only when his or her welfare or the safety and

31  protection of the public cannot be adequately safeguarded

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  1  without such removal.; and, when the child is removed from his

  2  or her own family, to secure for the child custody, care, and

  3  discipline as nearly as possible equivalent to that which

  4  should have been given by the parents; and to assure, in all

  5  cases in which a child must be permanently removed from

  6  parental custody, that the child be placed in an approved

  7  family home, adoptive home, independent living program, or

  8  other placement that provides the most stable and permanent

  9  living arrangement for the child, as determined by the court.

10         (g)  To ensure that the parent or guardian from whose

11  custody the child has been taken assists the department to the

12  fullest extent possible in locating relatives suitable to

13  serve as caregivers for the child.

14         (h)  To ensure that permanent placement with the

15  biological or adoptive family is achieved as soon as possible

16  for every child in foster care and that no child remains in

17  foster care longer than 1 year.

18         (i)  To secure for the child, when removal of the child

19  from his or her own family is necessary, custody, care, and

20  discipline as nearly as possible equivalent to that which

21  should have been given by the parents; and to ensure, in all

22  cases in which a child must be removed from parental custody,

23  that the child is placed in an approved relative home,

24  licensed foster home, adoptive home, or independent living

25  program that provides the most stable and potentially

26  permanent living arrangement for the child, as determined by

27  the court. All placements shall be in a safe environment where

28  drugs and alcohol are not abused.

29         (j)  To ensure that, when reunification or adoption is

30  not possible, the child will be prepared for alternative

31  permanency goals or placements, to include, but not be limited

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  1  to, long-term foster care, independent living, custody to a

  2  relative on a permanent basis with or without legal

  3  guardianship, or custody to a foster parent or caregiver on a

  4  permanent basis with or without legal guardianship.

  5         (k)  To make every possible effort, when two or more

  6  children who are in the care or under the supervision of the

  7  department are siblings, to place the siblings in the same

  8  home; and in the event of permanent placement of the siblings,

  9  to place them in the same adoptive home or, if the siblings

10  are separated, to keep them in contact with each other.

11         (l)(a)  To provide judicial and other procedures to

12  assure due process through which children, parents, and

13  guardians and other interested parties are assured fair

14  hearings by a respectful and respected court or other tribunal

15  and the recognition, protection, and enforcement of their

16  constitutional and other legal rights, while ensuring that

17  public safety interests and the authority and dignity of the

18  courts are adequately protected.

19         (m)  To ensure that children under the jurisdiction of

20  the courts are provided equal treatment with respect to goals,

21  objectives, services, and case plans, without regard to the

22  location of their placement. It is the further intent of the

23  Legislature that, when children are removed from their homes,

24  disruption to their education be minimized to the extent

25  possible.

26         (e)1.  To assure that the adjudication and disposition

27  of a child alleged or found to have committed a violation of

28  Florida law be exercised with appropriate discretion and in

29  keeping with the seriousness of the offense and the need for

30  treatment services, and that all findings made under this

31  chapter be based upon facts presented at a hearing that meets

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  1  the constitutional standards of fundamental fairness and due

  2  process.

  3         2.  To assure that the sentencing and placement of a

  4  child tried as an adult be appropriate and in keeping with the

  5  seriousness of the offense and the child's need for

  6  rehabilitative services, and that the proceedings and

  7  procedures applicable to such sentencing and placement be

  8  applied within the full framework of constitutional standards

  9  of fundamental fairness and due process.

10         (f)  To provide children committed to the Department of

11  Juvenile Justice with training in life skills, including

12  career education.

13         (2)  DEPARTMENT CONTRACTS.--The department of Juvenile

14  Justice or the Department of Children and Family Services, as

15  appropriate, may contract with the Federal Government, other

16  state departments and agencies, county and municipal

17  governments and agencies, public and private agencies, and

18  private individuals and corporations in carrying out the

19  purposes of, and the responsibilities established in, this

20  chapter.

21         (a)  When the department of Juvenile Justice or the

22  Department of Children and Family Services contracts with a

23  provider for any program for children, all personnel,

24  including owners, operators, employees, and volunteers, in the

25  facility must be of good moral character. A volunteer who

26  assists on an intermittent basis for less than 40 hours per

27  month need not be screened if the volunteer is under direct

28  and constant supervision by persons who meet the screening

29  requirements.

30         (b)  The department of Juvenile Justice and the

31  Department of Children and Family Services shall require

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  1  employment screening, and rescreening no less frequently than

  2  once every 5 years, pursuant to chapter 435, using the level 2

  3  standards set forth in that chapter for personnel in programs

  4  for children or youths.

  5         (c)  The department of Juvenile Justice or the

  6  Department of Children and Family Services may grant

  7  exemptions from disqualification from working with children as

  8  provided in s. 435.07.

  9         (d)  The department shall require all job applicants,

10  current employees, volunteers, and contract personnel who

11  currently perform or are seeking to perform child protective

12  investigations to be drug tested pursuant to the procedures

13  and requirements of s. 112.0455, the Drug-Free Workplace Act.

14  The department is authorized to adopt rules, policies, and

15  procedures necessary to implement this paragraph.

16         39.002  Legislative intent.--

17         (3)(1)  GENERAL PROTECTIONS FOR CHILDREN.--It is a

18  purpose of the Legislature that the children of this state be

19  provided with the following protections:

20         (a)  Protection from abuse, abandonment, neglect, and

21  exploitation.

22         (b)  A permanent and stable home.

23         (c)  A safe and nurturing environment which will

24  preserve a sense of personal dignity and integrity.

25         (d)  Adequate nutrition, shelter, and clothing.

26         (e)  Effective treatment to address physical, social,

27  and emotional needs, regardless of geographical location.

28         (f)  Equal opportunity and access to quality and

29  effective education, which will meet the individual needs of

30  each child, and to recreation and other community resources to

31  develop individual abilities.

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  1         (g)  Access to preventive services.

  2         (h)  An independent, trained advocate, when

  3  intervention is necessary and a skilled guardian or caregiver

  4  caretaker in a safe environment when alternative placement is

  5  necessary.

  6         (4)(2)  SUBSTANCE ABUSE SERVICES.--The Legislature

  7  finds that children in the care of the state's dependency

  8  system and delinquency systems need appropriate health care

  9  services, that the impact of substance abuse on health

10  indicates the need for health care services to include

11  substance abuse services to children and parents where

12  appropriate, and that it is in the state's best interest that

13  such children be provided the services they need to enable

14  them to become and remain independent of state care.  In order

15  to provide these services, the state's dependency system and

16  delinquency systems must have the ability to identify and

17  provide appropriate intervention and treatment for children

18  with personal or family-related substance abuse problems.  It

19  is therefore the purpose of the Legislature to provide

20  authority for the state to contract with community substance

21  abuse treatment providers for the development and operation of

22  specialized support and overlay services for the dependency

23  system and delinquency systems, which will be fully

24  implemented and utilized as resources permit.

25         (5)(3)  PARENTAL, CUSTODIAL, AND GUARDIAN

26  RESPONSIBILITIES.--Parents, custodians, and guardians are

27  deemed by the state to be responsible for providing their

28  children with sufficient support, guidance, and supervision to

29  deter their participation in delinquent acts. The state

30  further recognizes that the ability of parents, custodians,

31  and guardians to fulfill those responsibilities can be greatly

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  1  impaired by economic, social, behavioral, emotional, and

  2  related problems. It is therefore the policy of the

  3  Legislature that it is the state's responsibility to ensure

  4  that factors impeding the ability of caregivers caretakers to

  5  fulfill their responsibilities are identified through the

  6  dependency delinquency intake process and that appropriate

  7  recommendations and services to address those problems are

  8  considered in any judicial or nonjudicial proceeding.

  9         (6)(3)  LIBERAL CONSTRUCTION.--It is the intent of the

10  Legislature that this chapter be liberally interpreted and

11  construed in conformity with its declared purposes.

12         Section 3.  Section 39.01, Florida Statutes, as amended

13  by chapter 97-276, Laws of Florida, is amended to read:

14         39.01  Definitions.--When used in this chapter:

15         (1)  "Abandoned" means a situation in which the parent

16  or legal custodian of a child or, in the absence of a parent

17  or legal custodian, the caregiver person responsible for the

18  child's welfare, while being able, makes no provision for the

19  child's support and makes no effort to communicate with the

20  child, which situation is sufficient to evince a willful

21  rejection of parental obligations. If the efforts of such

22  parent or legal custodian, or caregiver person primarily

23  responsible for the child's welfare, to support and

24  communicate with the child are, in the opinion of the court,

25  only marginal efforts that do not evince a settled purpose to

26  assume all parental duties, the court may declare the child to

27  be abandoned. The term "abandoned" does not include a "child

28  in need of services" as defined in chapter 984 or a "family in

29  need of services" as defined in chapter 984. The incarceration

30  of a parent, legal custodian, or caregiver person responsible

31

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  1  for a child's welfare may support does not constitute a bar to

  2  a finding of abandonment.

  3         (2)  "Abuse" means any willful act or threatened act

  4  that results in any physical, mental, or sexual injury or harm

  5  that causes or is likely to cause the child's physical,

  6  mental, or emotional health to be significantly impaired. For

  7  the purpose of protective investigations, abuse of a child

  8  includes the acts or omissions of the parent, legal custodian,

  9  caregiver, or other person responsible for the child's

10  welfare. Corporal discipline of a child by a parent, legal

11  custodian, or caregiver guardian for disciplinary purposes

12  does not in itself constitute abuse when it does not result in

13  harm to the child as defined in s. 415.503.

14         (3)  "Addictions receiving facility" means a substance

15  abuse service provider as defined in chapter 397.

16         (4)  "Adjudicatory hearing" means a hearing for the

17  court to determine whether or not the facts support the

18  allegations stated in the petition as is provided for under s.

19  39.408(2), in dependency cases, or s. 39.467, in termination

20  of parental rights cases.

21         (5)  "Adult" means any natural person other than a

22  child.

23         (6)  "Adoption" means the act of creating the legal

24  relationship between parent and child where it did not exist,

25  thereby declaring the child to be legally the child of the

26  adoptive parents and their heir at law, and entitled to all

27  the rights and privileges and subject to all the obligations

28  of a child born to such adoptive parents in lawful wedlock.

29         (7)  "Alleged juvenile sexual offender" means:

30

31

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  1         (a)  A child 12 years of age or younger who is alleged

  2  to have committed a violation of chapter 794, chapter 796,

  3  chapter 800, s. 827.071, or s. 847.0133; or

  4         (b)  A child who is alleged to have committed any

  5  violation of law or delinquent act involving juvenile sexual

  6  abuse. "Juvenile sexual abuse" means any sexual behavior which

  7  occurs without consent, without equality, or as a result of

  8  coercion.  For purposes of this paragraph, the following

  9  definitions apply:

10         1.  "Coercion" means the exploitation of authority or

11  the use of bribes, threats of force, or intimidation to gain

12  cooperation or compliance.

13         2.  "Equality" means two participants operating with

14  the same level of power in a relationship, neither being

15  controlled nor coerced by the other.

16         3.  "Consent" means an agreement, including all of the

17  following:

18         a.  Understanding what is proposed based on age,

19  maturity, developmental level, functioning, and experience.

20         b.  Knowledge of societal standards for what is being

21  proposed.

22         c.  Awareness of potential consequences and

23  alternatives.

24         d.  Assumption that agreement or disagreement will be

25  accepted equally.

26         e.  Voluntary decision.

27         f.  Mental competence.

28

29  Juvenile sexual offender behavior ranges from noncontact

30  sexual behavior such as making obscene phone calls,

31  exhibitionism, voyeurism, and the showing or taking of lewd

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  1  photographs to varying degrees of direct sexual contact, such

  2  as frottage, fondling, digital penetration, rape, fellatio,

  3  sodomy, and various other sexually aggressive acts.

  4         (8)(6)  "Arbitration" means a process whereby a neutral

  5  third person or panel, called an arbitrator or an arbitration

  6  panel, considers the facts and arguments presented by the

  7  parties and renders a decision which may be binding or

  8  nonbinding.

  9         (9)(7)  "Authorized agent" or "designee" of the

10  department means an employee, volunteer, or other person or

11  agency determined by the state to be eligible for state-funded

12  risk management coverage, that is a person or agency assigned

13  or designated by the department of Juvenile Justice or the

14  Department of Children and Family Services, as appropriate, to

15  perform duties or exercise powers pursuant to this chapter and

16  includes contract providers and their employees for purposes

17  of providing services to and managing cases of children in

18  need of services and families in need of services.

19         (10)  "Caregiver" means the parent, legal custodian,

20  adult household member, or other person responsible for a

21  child's welfare as defined in subsection (47).

22         (8)  "Caretaker/homemaker" means an authorized agent of

23  the Department of Children and Family Services who shall

24  remain in the child's home with the child until a parent,

25  legal guardian, or relative of the child enters the home and

26  is capable of assuming and agrees to assume charge of the

27  child.

28         (11)(9)  "Case plan" or "plan" means a document, as

29  described in s. 39.601 39.4031, prepared by the department

30  with input from all parties, including parents, guardians ad

31  litem, legal custodians, caregivers, and the child. The case

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  1  plan, that follows the child from the provision of voluntary

  2  services through any dependency, foster care, or termination

  3  of parental rights proceeding or related activity or process.

  4         (12)(10)  "Child" or "juvenile" or "youth" means any

  5  unmarried person under the age of 18 years who has not been

  6  emancipated by order of the court and who has been alleged or

  7  found or alleged to be dependent, in need of services, or from

  8  a family in need of services; or any married or unmarried

  9  person who is charged with a violation of law occurring prior

10  to the time that person reached the age of 18 years.

11         (13)  "Child protection team" means a team of

12  professionals established by the department to receive

13  referrals from the protective investigators and protective

14  supervision staff of the department and to provide specialized

15  and supportive services to the program in processing child

16  abuse, abandonment, or neglect cases. A child protection team

17  shall provide consultation to other programs of the department

18  and other persons regarding child abuse, abandonment, or

19  neglect cases.

20         (14)(11)  "Child who is found to be dependent" means a

21  child who, pursuant to this chapter, is found by the court:

22         (a)  To have been abandoned, abused, or neglected by

23  the child's parent or parents, legal custodians, or

24  caregivers; or other custodians.

25         (b)  To have been surrendered to the department of

26  Children and Family Services, the former Department of Health

27  and Rehabilitative Services, or a licensed child-placing

28  agency for purpose of adoption;.

29         (c)  To have been voluntarily placed with a licensed

30  child-caring agency, a licensed child-placing agency, an adult

31  relative, the department of Children and Family Services, or

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  1  the former Department of Health and Rehabilitative Services,

  2  after which placement, under the requirements of part II of

  3  this chapter, a case plan has expired and the parent or

  4  parents, legal custodians, or caregivers have failed to

  5  substantially comply with the requirements of the plan;.

  6         (d)  To have been voluntarily placed with a licensed

  7  child-placing agency for the purposes of subsequent adoption,

  8  and a natural parent or parents has signed a consent pursuant

  9  to the Florida Rules of Juvenile Procedure;.

10         (e)  To have no parent, legal custodian, or caregiver

11  responsible adult relative to provide supervision and care;

12  or.

13         (f)  To be at substantial risk of imminent abuse,

14  abandonment, or neglect by the parent or parents, legal

15  custodians, or caregivers or the custodian.

16         (15)(12)  "Child support" means a court-ordered

17  obligation, enforced under chapter 61 and ss.

18  409.2551-409.2597, for monetary support for the care,

19  maintenance, training, and education of a child.

20         (16)(13)  "Circuit" means any of the 20 judicial

21  circuits as set forth in s. 26.021.

22         (17)(14)  "Comprehensive assessment" or "assessment"

23  means the gathering of information for the evaluation of a

24  juvenile offender's or a child's and caregiver's physical,

25  psychiatric, psychological, educational, vocational, and

26  social condition and family environment as they relate to the

27  child's and caregiver's need for rehabilitative and treatment

28  services, including substance abuse treatment services, mental

29  health services, developmental services, literacy services,

30  medical services, family services, and other specialized

31  services, as appropriate.

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  1         (18)(15)  "Court," unless otherwise expressly stated,

  2  means the circuit court assigned to exercise jurisdiction

  3  under this chapter.

  4         (19)(16)  "Department," as used in this chapter, means

  5  the Department of Children and Family Services.

  6         (20)(17)  "Diligent efforts by a parent, legal

  7  custodian, or caregiver" means a course of conduct which

  8  results in a reduction in risk to the child in the child's

  9  home that would allow the child to be safely placed

10  permanently back in the home as set forth in the case plan.

11         (21)(18)  "Diligent efforts of social service agency"

12  means reasonable efforts to provide social services or

13  reunification services made by any social service agency as

14  defined in this section that is a party to a case plan.

15         (22)(19)  "Diligent search" means the efforts of a

16  social service agency to locate a parent or prospective parent

17  whose identity or location is unknown, or a relative made

18  known to the social services agency by the parent or custodian

19  of a child. When the search is for a parent, prospective

20  parent, or relative of a child in the custody of the

21  department, this search must be initiated as soon as the

22  social service agency is made aware of the existence of such

23  parent, with the search progress reported at each court

24  hearing until the parent is either identified and located or

25  the court excuses further search. prospective parent, or

26  relative. A diligent search shall include interviews with

27  persons who are likely to have information about the identity

28  or location of the person being sought, comprehensive database

29  searches, and records searches, including searches of

30  employment, residence, utilities, Armed Forces, vehicle

31  registration, child support enforcement, law enforcement, and

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  1  corrections records, and any other records likely to result in

  2  identifying and locating the person being sought. The initial

  3  diligent search must be completed within 90 days after a child

  4  is taken into custody. After the completion of the initial

  5  diligent search, the department, unless excused by the court,

  6  shall have a continuing duty to search for relatives with whom

  7  it may be appropriate to place the child, until such relatives

  8  are found or until the child is placed for adoption.

  9         (23)(20)  "Disposition hearing" means a hearing in

10  which the court determines the most appropriate family support

11  dispositional services in the least restrictive available

12  setting provided for under s. 39.408(3), in dependency cases,

13  or s. 39.469, in termination of parental rights cases.

14         (24)  "District" means any one of the 15 service

15  districts of the department established pursuant to s. 20.19.

16         (25)(21)  "District administrator" means the chief

17  operating officer of each service district of the department

18  of Children and Family Services as defined in s. 20.19(6) and,

19  where appropriate, includes any each district administrator

20  whose service district falls within the boundaries of a

21  judicial circuit.

22         (26)  "Expedited termination of parental rights" means

23  proceedings wherein a case plan with the goal of reunification

24  is not being offered.

25         (27)  "False report" means a report of abuse, neglect,

26  or abandonment of a child to the central abuse hotline, which

27  report is maliciously made for the purpose of:

28         (a)  Harassing, embarrassing, or harming another

29  person;

30         (b)  Personal financial gain for the reporting person;

31         (c)  Acquiring custody of a child; or

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  1         (d)  Personal benefit for the reporting person in any

  2  other private dispute involving a child.

  3

  4  The term "false report" does not include a report of abuse,

  5  neglect, or abandonment of a child made in good faith to the

  6  central abuse hotline.

  7         (28)(22)  "Family" means a collective body of persons,

  8  consisting of a child and a parent, legal guardian, adult

  9  custodian, caregiver, or adult relative, in which:

10         (a)  The persons reside in the same house or living

11  unit; or

12         (b)  The parent, legal guardian, adult custodian,

13  caregiver, or adult relative has a legal responsibility by

14  blood, marriage, or court order to support or care for the

15  child.

16         (29)(23)  "Foster care" means care provided a child in

17  a foster family or boarding home, group home, agency boarding

18  home, child care institution, or any combination thereof.

19         (30)  "Harm" to a child's health or welfare can occur

20  when the parent, legal custodian, or caregiver responsible for

21  the child's welfare:

22         (a)  Inflicts or allows to be inflicted upon the child

23  physical, mental, or emotional injury. In determining whether

24  harm has occurred, the following factors must be considered in

25  evaluating any physical, mental, or emotional injury to a

26  child: the age of the child; any prior history of injuries to

27  the child; the location of the injury on the body of the

28  child; the multiplicity of the injury; and the type of trauma

29  inflicted. Such injury includes, but is not limited to:

30         1.  Willful acts that produce the following specific

31  injuries:

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  1         a.  Sprains, dislocations, or cartilage damage.

  2         b.  Bone or skull fractures.

  3         c.  Brain or spinal cord damage.

  4         d.  Intracranial hemorrhage or injury to other internal

  5  organs.

  6         e.  Asphyxiation, suffocation, or drowning.

  7         f.  Injury resulting from the use of a deadly weapon.

  8         g.  Burns or scalding.

  9         h.  Cuts, lacerations, punctures, or bites.

10         i.  Permanent or temporary disfigurement.

11         j.  Permanent or temporary loss or impairment of a body

12  part or function.

13

14  As used in this subparagraph, the term "willful" refers to the

15  intent to perform an action, not to the intent to achieve a

16  result or to cause an injury.

17         2.  Purposely giving a child poison, alcohol, drugs, or

18  other substances that substantially affect the child's

19  behavior, motor coordination, or judgment or that result in

20  sickness or internal injury.  For the purposes of this

21  subparagraph, the term "drugs" means prescription drugs not

22  prescribed for the child or not administered as prescribed,

23  and controlled substances as outlined in Schedule I or

24  Schedule II of s. 893.03.

25         3.  Leaving a child without adult supervision or

26  arrangement appropriate for the child's age or mental or

27  physical condition, so that the child is unable to care for

28  the child's own needs or another's basic needs or is unable to

29  exercise good judgment in responding to any kind of physical

30  or emotional crisis.

31

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  1         4.  Inappropriate or excessively harsh disciplinary

  2  action that is likely to result in physical injury, mental

  3  injury as defined in this section, or emotional injury.  The

  4  significance of any injury must be evaluated in light of the

  5  following factors:  the age of the child; any prior history of

  6  injuries to the child; the location of the injury on the body

  7  of the child; the multiplicity of the injury; and the type of

  8  trauma inflicted.  Corporal discipline may be considered

  9  excessive or abusive when it results in any of the following

10  or other similar injuries:

11         a.  Sprains, dislocations, or cartilage damage.

12         b.  Bone or skull fractures.

13         c.  Brain or spinal cord damage.

14         d.  Intracranial hemorrhage or injury to other internal

15  organs.

16         e.  Asphyxiation, suffocation, or drowning.

17         f.  Injury resulting from the use of a deadly weapon.

18         g.  Burns or scalding.

19         h.  Cuts, lacerations, punctures, or bites.

20         i.  Permanent or temporary disfigurement.

21         j.  Permanent or temporary loss or impairment of a body

22  part or function.

23         k.  Significant bruises or welts.

24         (b)  Commits, or allows to be committed, sexual

25  battery, as defined in chapter 794, or lewd or lascivious

26  acts, as defined in chapter 800, against the child.

27         (c)  Allows, encourages, or forces the sexual

28  exploitation of a child, which includes allowing, encouraging,

29  or forcing a child to:

30         1.  Solicit for or engage in prostitution; or

31

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  1         2.  Engage in a sexual performance, as defined by

  2  chapter 827.

  3         (d)  Exploits a child, or allows a child to be

  4  exploited, as provided in s. 450.151.

  5         (e)  Abandons the child. Within the context of the

  6  definition of "harm," the term "abandons the child" means that

  7  the parent or legal custodian of a child or, in the absence of

  8  a parent or legal custodian, the person responsible for the

  9  child's welfare, while being able, makes no provision for the

10  child's support and makes no effort to communicate with the

11  child, which situation is sufficient to evince a willful

12  rejection of parental obligation.  If the efforts of such a

13  parent or legal custodian or person primarily responsible for

14  the child's welfare to support and communicate with the child

15  are only marginal efforts that do not evince a settled purpose

16  to assume all parental duties, the child may be determined to

17  have been abandoned.

18         (f)  Neglects the child. Within the context of the

19  definition of "harm," the term "neglects the child" means that

20  the parent or other person responsible for the child's welfare

21  fails to supply the child with adequate food, clothing,

22  shelter, or health care, although financially able to do so or

23  although offered financial or other means to do so.  However,

24  a parent, legal custodian, or caregiver who, by reason of the

25  legitimate practice of religious beliefs, does not provide

26  specified medical treatment for a child may not be considered

27  abusive or neglectful for that reason alone, but such an

28  exception does not:

29         1.  Eliminate the requirement that such a case be

30  reported to the department;

31

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  1         2.  Prevent the department from investigating such a

  2  case; or

  3         3.  Preclude a court from ordering, when the health of

  4  the child requires it, the provision of medical services by a

  5  physician, as defined in this section, or treatment by a duly

  6  accredited practitioner who relies solely on spiritual means

  7  for healing in accordance with the tenets and practices of a

  8  well-recognized church or religious organization.

  9         (g)  Exposes a child to a controlled substance or

10  alcohol. Exposure to a controlled substance or alcohol is

11  established by:

12         1.  Use by the mother of a controlled substance or

13  alcohol during pregnancy when the child, at birth, is

14  demonstrably adversely affected by such usage; or

15         2.  Continued chronic and severe use of a controlled

16  substance or alcohol by a parent when the child is

17  demonstrably adversely affected by such usage.

18

19  As used in this paragraph, the term "controlled substance"

20  means prescription drugs not prescribed for the parent or not

21  administered as prescribed and controlled substances as

22  outlined in Schedule I or Schedule II of s. 893.03.

23         (h)  Uses mechanical devices, unreasonable restraints,

24  or extended periods of isolation to control a child.

25         (i)  Engages in violent behavior that demonstrates a

26  wanton disregard for the presence of a child and could

27  reasonably result in serious injury to the child.

28         (j)  Negligently fails to protect a child in his or her

29  care from inflicted physical, mental, or sexual injury caused

30  by the acts of another.

31

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  1         (k)  Has allowed a child's sibling to die as a result

  2  of abuse, abandonment, or neglect.

  3         (31)(24)  "Health and human services board" means the

  4  body created in each service district of the department of

  5  Children and Family Services pursuant to the provisions of s.

  6  20.19(7).

  7         (32)  "Institutional child abuse or neglect" means

  8  situations of known or suspected child abuse or neglect in

  9  which the person allegedly perpetrating the child abuse or

10  neglect is an employee of a private school, public or private

11  day care center, residential home, institution, facility, or

12  agency or any other person at such institution responsible for

13  the child's care.

14         (33)(25)  "Judge" means the circuit judge exercising

15  jurisdiction pursuant to this chapter.

16         (34)(26)  "Legal custody" means a legal status created

17  by court order or letter of guardianship which vests in a

18  custodian of the person or guardian, whether an agency or an

19  individual, the right to have physical custody of the child

20  and the right and duty to protect, train, and discipline the

21  child and to provide him or her with food, shelter, education,

22  and ordinary medical, dental, psychiatric, and psychological

23  care. The legal custodian is the person or entity in whom the

24  legal right to custody is vested.

25         (35)  "Legal guardianship" means a judicially created

26  relationship between the child and caregiver which is intended

27  to be permanent and self-sustaining and is provided pursuant

28  to the procedures in chapter 744.

29         (36)(27)  "Licensed child-caring agency" means a

30  person, society, association, or agency licensed by the

31

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  1  department of Children and Family Services to care for,

  2  receive, and board children.

  3         (37)(28)  "Licensed child-placing agency" means a

  4  person, society, association, or institution licensed by the

  5  department of Children and Family Services to care for,

  6  receive, or board children and to place children in a licensed

  7  child-caring institution or a foster or adoptive home.

  8         (38)(29)  "Licensed health care professional" means a

  9  physician licensed under chapter 458, an osteopathic physician

10  licensed under chapter 459, a nurse licensed under chapter

11  464, a physician assistant certified under chapter 458 or

12  chapter 459, or a dentist licensed under chapter 466.

13         (39)(30)  "Likely to injure oneself" means that, as

14  evidenced by violent or other actively self-destructive

15  behavior, it is more likely than not that within a 24-hour

16  period the child will attempt to commit suicide or inflict

17  serious bodily harm on himself or herself.

18         (40)(31)  "Likely to injure others" means that it is

19  more likely than not that within a 24-hour period the child

20  will inflict serious and unjustified bodily harm on another

21  person.

22         (41)(32)  "Long-term relative custodian" means an adult

23  relative who is a party to a long-term custodial relationship

24  created by a court order pursuant to this chapter s.

25  39.41(2)(a)5.

26         (42)(33)  "Long-term relative custody" or "long-term

27  custodial relationship" means the relationship that a juvenile

28  court order creates between a child and an adult relative of

29  the child or other caregiver an adult nonrelative approved by

30  the court when the child cannot be placed in the custody of a

31  natural parent and termination of parental rights is not

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  1  deemed to be in the best interest of the child. Long-term

  2  relative custody confers upon the long-term relative or other

  3  caregiver nonrelative custodian the right to physical custody

  4  of the child, a right which will not be disturbed by the court

  5  except upon request of the caregiver custodian or upon a

  6  showing that a material change in circumstances necessitates a

  7  change of custody for the best interest of the child. A

  8  long-term relative or other caregiver nonrelative custodian

  9  shall have all of the rights and duties of a natural parent,

10  including, but not limited to, the right and duty to protect,

11  train, and discipline the child and to provide the child with

12  food, shelter, and education, and ordinary medical, dental,

13  psychiatric, and psychological care, unless these rights and

14  duties are otherwise enlarged or limited by the court order

15  establishing the long-term custodial relationship.

16         (43)(34)  "Mediation" means a process whereby a neutral

17  third person called a mediator acts to encourage and

18  facilitate the resolution of a dispute between two or more

19  parties.  It is an informal and nonadversarial process with

20  the objective of helping the disputing parties reach a

21  mutually acceptable and voluntary agreement.  In mediation,

22  decisionmaking authority rests with the parties.  The role of

23  the mediator includes, but is not limited to, assisting the

24  parties in identifying issues, fostering joint problem

25  solving, and exploring settlement alternatives.

26         (44)  "Mental injury" means an injury to the

27  intellectual or psychological capacity of a child as evidenced

28  by a discernible and substantial impairment in the ability to

29  function within the normal range of performance and behavior,

30  with due regard to the child's future.

31

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  1         (45)(35)  "Necessary medical treatment" means care

  2  which is necessary within a reasonable degree of medical

  3  certainty to prevent the deterioration of a child's condition

  4  or to alleviate immediate pain of a child.

  5         (46)(36)  "Neglect" occurs when the parent or legal

  6  custodian of a child or, in the absence of a parent or legal

  7  custodian, the caregiver person primarily responsible for the

  8  child's welfare deprives a child of, or allows a child to be

  9  deprived of, necessary food, clothing, shelter, or medical

10  treatment or permits a child to live in an environment when

11  such deprivation or environment causes the child's physical,

12  mental, or emotional health to be significantly impaired or to

13  be in danger of being significantly impaired. The foregoing

14  circumstances shall not be considered neglect if caused

15  primarily by financial inability unless actual services for

16  relief have been offered to and rejected by such person. A

17  parent, legal custodian, or caregiver guardian legitimately

18  practicing religious beliefs in accordance with a recognized

19  church or religious organization who thereby does not provide

20  specific medical treatment for a child shall not, for that

21  reason alone, be considered a negligent parent, legal

22  custodian, or caregiver guardian; however, such an exception

23  does not preclude a court from ordering the following services

24  to be provided, when the health of the child so requires:

25         (a)  Medical services from a licensed physician,

26  dentist, optometrist, podiatrist, or other qualified health

27  care provider; or

28         (b)  Treatment by a duly accredited practitioner who

29  relies solely on spiritual means for healing in accordance

30  with the tenets and practices of a well-recognized church or

31  religious organization.

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  1

  2  For the purpose of protective investigations, neglect of a

  3  child includes the acts or omissions of the parent, legal

  4  custodian, or caregiver.

  5         (47)  "Other person responsible for a child's welfare"

  6  includes the child's legal guardian, legal custodian, or

  7  foster parent; an employee of a private school, public or

  8  private child day care center, residential home, institution,

  9  facility, or agency; or any other person legally responsible

10  for the child's welfare in a residential setting; and also

11  includes an adult sitter or relative entrusted with a child's

12  care. For the purpose of departmental investigative

13  jurisdiction, this definition does not include law enforcement

14  officers, or employees of municipal or county detention

15  facilities or the Department of Corrections, while acting in

16  an official capacity.

17         (48)(37)  "Next of kin" means an adult relative of a

18  child who is the child's brother, sister, grandparent, aunt,

19  uncle, or first cousin.

20         (49)(38)  "Parent" means a woman who gives birth to a

21  child and a man whose consent to the adoption of the child

22  would be required under s. 63.062(1)(b). If a child has been

23  legally adopted, the term "parent" means the adoptive mother

24  or father of the child. The term does not include an

25  individual whose parental relationship to the child has been

26  legally terminated, or an alleged or prospective parent,

27  unless the parental status falls within the terms of either s.

28  39.4051(7) or s. 63.062(1)(b).

29         (50)(39)  "Participant," for purposes of a shelter

30  proceeding, dependency proceeding, or termination of parental

31  rights proceeding, means any person who is not a party but who

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  1  should receive notice of hearings involving the child,

  2  including foster parents or caregivers, identified prospective

  3  parents, grandparents entitled to priority for adoption

  4  consideration under s. 63.0425, actual custodians of the

  5  child, and any other person whose participation may be in the

  6  best interest of the child. Participants may be granted leave

  7  by the court to be heard without the necessity of filing a

  8  motion to intervene.

  9         (51)(40)  "Party," for purposes of a shelter

10  proceeding, dependency proceeding, or termination of parental

11  rights proceeding, means the parent or legal custodian of the

12  child, the petitioner, the department, the guardian ad litem

13  or the representative of the guardian ad litem program when

14  the program one has been appointed, and the child. The

15  presence of the child may be excused by order of the court

16  when presence would not be in the child's best interest.

17  Notice to the child may be excused by order of the court when

18  the age, capacity, or other condition of the child is such

19  that the notice would be meaningless or detrimental to the

20  child.

21         (52)  "Physical injury" means death, permanent or

22  temporary disfigurement, or impairment of any bodily part.

23         (53)  "Physician" means any licensed physician,

24  dentist, podiatrist, or optometrist and includes any intern or

25  resident.

26         (54)(41)  "Preliminary screening" means the gathering

27  of preliminary information to be used in determining a child's

28  need for further evaluation or assessment or for referral for

29  other substance abuse services through means such as

30  psychosocial interviews; urine and breathalyzer screenings;

31

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  1  and reviews of available educational, delinquency, and

  2  dependency records of the child.

  3         (55)(42)  "Preventive services" means social services

  4  and other supportive and rehabilitative services provided to

  5  the parent of the child, the legal custodian guardian of the

  6  child, or the caregiver custodian of the child and to the

  7  child for the purpose of averting the removal of the child

  8  from the home or disruption of a family which will or could

  9  result in the placement of a child in foster care.  Social

10  services and other supportive and rehabilitative services

11  shall promote the child's need for physical, mental, and

12  emotional health and a safe, continuous, stable, living

13  environment, and shall promote family autonomy, and shall

14  strengthen family life, as the first priority whenever

15  possible.

16         (56)(43)  "Prospective parent" means a person who

17  claims to be, or has been identified as, a person who may be a

18  mother or a father of a child.

19         (57)(44)  "Protective investigation" means the

20  acceptance of a report alleging child abuse, abandonment, or

21  neglect, as defined in this chapter s. 415.503, by the central

22  abuse hotline or the acceptance of a report of other

23  dependency by the department local children, youth, and

24  families office of the Department of Children and Family

25  Services; the investigation and classification of each report;

26  the determination of whether action by the court is warranted;

27  the determination of the disposition of each report without

28  court or public agency action when appropriate; and the

29  referral of a child to another public or private agency when

30  appropriate; and the recommendation by the protective

31  investigator of court action when appropriate.

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  1         (58)(45)  "Protective investigator" means an authorized

  2  agent of the department of Children and Family Services who

  3  receives and, investigates, and classifies reports of child

  4  abuse, abandonment, or neglect as defined in s. 415.503; who,

  5  as a result of the investigation, may recommend that a

  6  dependency petition be filed for the child under the criteria

  7  of paragraph (11)(a); and who performs other duties necessary

  8  to carry out the required actions of the protective

  9  investigation function.

10         (59)(46)  "Protective supervision" means a legal status

11  in dependency cases, child-in-need-of-services cases, or

12  family-in-need-of-services cases which permits the child to

13  remain safely in his or her own home or other placement under

14  the supervision of an agent of the department and which must

15  be reviewed by Department of Juvenile Justice or the

16  Department of Children and Family Services, subject to being

17  returned to the court during the period of supervision.

18         (47)  "Protective supervision case plan" means a

19  document that is prepared by the protective supervision

20  counselor of the Department of Children and Family Services,

21  is based upon the voluntary protective supervision of a case

22  pursuant to s. 39.403(2)(b), or a disposition order entered

23  pursuant to s. 39.41(2)(a)3., and that:

24         (a)  Is developed in conference with the parent,

25  guardian, or custodian of the child and, if appropriate, the

26  child and any court-appointed guardian ad litem.

27         (b)  Is written simply and clearly in the principal

28  language, to the extent possible, of the parent, guardian, or

29  custodian of the child and in English.

30

31

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  1         (c)  Is subject to modification based on changing

  2  circumstances and negotiations among the parties to the plan

  3  and includes, at a minimum:

  4         1.  All services and activities ordered by the court.

  5         2.  Goals and specific activities to be achieved by all

  6  parties to the plan.

  7         3.  Anticipated dates for achieving each goal and

  8  activity.

  9         4.  Signatures of all parties to the plan.

10         (d)  Is submitted to the court in cases where a

11  dispositional order has been entered pursuant to s.

12  39.41(2)(a)3.

13         (60)  "Rehabilitative services" means social services

14  and other supportive services provided to the child or the

15  child's family for the purpose of either averting the removal

16  of the child from the home or safely returning the child from

17  foster or other supervised care. Social services and other

18  supportive services shall promote the child's need for

19  physical, mental, and emotional health and a safe, stable,

20  living environment, shall promote family autonomy, and shall

21  strengthen family life, whenever possible.

22         (61)(48)  "Relative" means a grandparent,

23  great-grandparent, sibling, first cousin, aunt, uncle,

24  great-aunt, great-uncle, niece, or nephew, whether related by

25  the whole or half blood, by affinity, or by adoption. The term

26  does not include a stepparent.

27         (62)(49)  "Reunification services" means social

28  services and other supportive and rehabilitative services

29  provided to the parent of the child, the legal custodian

30  guardian of the child, or the caregiver custodian of the

31  child, whichever is applicable, to the child, and where

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  1  appropriate to the foster parents of the child, for the

  2  purpose of enabling a child who has been placed in foster care

  3  to safely return to his or her family at the earliest possible

  4  time.  The health and safety of the child shall be the

  5  paramount goal of social services and other supportive and

  6  rehabilitative services. Such services shall promote the

  7  child's need for physical, mental, and emotional health and a

  8  safe, continuous, stable, living environment, and shall

  9  promote family autonomy, and shall strengthen family life, as

10  a first priority whenever possible.

11         (63)  "Secretary" means the Secretary of Children and

12  Family Services.

13         (64)  "Sexual abuse of a child" means one or more of

14  the following acts:

15         (a)  Any penetration, however slight, of the vagina or

16  anal opening of one person by the penis of another person,

17  whether or not there is the emission of semen.

18         (b)  Any sexual contact between the genitals or anal

19  opening of one person and the mouth or tongue of another

20  person.

21         (c)  Any intrusion by one person into the genitals or

22  anal opening of another person, including the use of any

23  object for this purpose, except that this does not include any

24  act intended for a valid medical purpose.

25         (d)  The intentional touching of the genitals or

26  intimate parts, including the breasts, genital area, groin,

27  inner thighs, and buttocks, or the clothing covering them, of

28  either the child or the perpetrator, except that this does not

29  include:

30

31

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  1         1.  Any act which may reasonably be construed to be a

  2  normal caregiver responsibility, any interaction with, or

  3  affection for a child; or

  4         2.  Any act intended for a valid medical purpose.

  5         (e)  The intentional masturbation of the perpetrator's

  6  genitals in the presence of a child.

  7         (f)  The intentional exposure of the perpetrator's

  8  genitals in the presence of a child, or any other sexual act

  9  intentionally perpetrated in the presence of a child, if such

10  exposure or sexual act is for the purpose of sexual arousal or

11  gratification, aggression, degradation, or other similar

12  purpose.

13         (g)  The sexual exploitation of a child, which includes

14  allowing, encouraging, or forcing a child to:

15         1.  Solicit for or engage in prostitution; or

16         2.  Engage in a sexual performance, as defined by

17  chapter 827.

18         (65)(50)  "Shelter" means a place for the temporary

19  care of a child who is alleged to be or who has been found to

20  be dependent, a child from a family in need of services, or a

21  child in need of services, pending court disposition before or

22  after adjudication. or after execution of a court order.

23  "Shelter" may include a facility which provides 24-hour

24  continual supervision for the temporary care of a child who is

25  placed pursuant to s. 984.14.

26         (66)(51)  "Shelter hearing" means a hearing in which

27  the court determines whether probable cause exists to keep a

28  child in shelter status pending further investigation of the

29  case provided for under s. 984.14 in

30  family-in-need-of-services cases or child-in-need-of-services

31  cases.

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  1         (67)(52)  "Social service agency" means the department

  2  of Children and Family Services, a licensed child-caring

  3  agency, or a licensed child-placing agency.

  4         (53)  "Staff-secure shelter" means a facility in which

  5  a child is supervised 24 hours a day by staff members who are

  6  awake while on duty. The facility is for the temporary care

  7  and assessment of a child who has been found to be dependent,

  8  who has violated a court order and been found in contempt of

  9  court, or whom the Department of Children and Family Services

10  is unable to properly assess or place for assistance within

11  the continuum of services provided for dependent children.

12         (68)(54)  "Substance abuse" means using, without

13  medical reason, any psychoactive or mood-altering drug,

14  including alcohol, in such a manner as to induce impairment

15  resulting in dysfunctional social behavior.

16         (69)(55)  "Substantial compliance" means that the

17  circumstances which caused the creation of the case plan

18  placement in foster care have been significantly remedied to

19  the extent that the well-being and safety of the child will

20  not be endangered upon the child's remaining with or being

21  returned to the child's parent, legal custodian, or caregiver

22  or guardian.

23         (70)(56)  "Taken into custody" means the status of a

24  child immediately when temporary physical control over the

25  child is attained by a person authorized by law, pending the

26  child's release or placement, detention, placement, or other

27  disposition as authorized by law.

28         (71)(57)  "Temporary legal custody" means the

29  relationship that a juvenile court creates between a child and

30  an adult relative of the child, legal custodian, or caregiver

31  adult nonrelative approved by the court, or other person until

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  1  a more permanent arrangement is ordered. Temporary legal

  2  custody confers upon the custodian the right to have temporary

  3  physical custody of the child and the right and duty to

  4  protect, train, and discipline the child and to provide the

  5  child with food, shelter, and education, and ordinary medical,

  6  dental, psychiatric, and psychological care, unless these

  7  rights and duties are otherwise enlarged or limited by the

  8  court order establishing the temporary legal custody

  9  relationship.

10         (72)  "Victim" means any child who has sustained or is

11  threatened with physical, mental, or emotional injury

12  identified in a report involving child abuse, neglect, or

13  abandonment, or child-on-child sexual abuse.

14         Section 4.  Section 39.455, Florida Statutes, is

15  renumbered as section 39.011, Florida Statutes, and amended to

16  read:

17         39.011 39.455  Immunity from liability.--

18         (1)  In no case shall employees or agents of the

19  department or a social service agency acting in good faith be

20  liable for damages as a result of failing to provide services

21  agreed to under the case plan or permanent placement plan

22  unless the failure to provide such services occurs as a result

23  of bad faith or malicious purpose or occurs in a manner

24  exhibiting wanton and willful disregard of human rights,

25  safety, or property.

26         (2)  The inability or failure of the department or of a

27  social service agency or the employees or agents of the social

28  service agency to provide the services agreed to under the

29  case plan or permanent placement plan shall not render the

30  state or the social service agency liable for damages unless

31  such failure to provide services occurs in a manner exhibiting

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  1  wanton or willful disregard of human rights, safety, or

  2  property.

  3         (3)  A member or agent of a citizen review panel acting

  4  in good faith is not liable for damages as a result of any

  5  review or recommendation with regard to a foster care or

  6  shelter care matter unless such member or agent exhibits

  7  wanton and willful disregard of human rights or safety, or

  8  property.

  9         Section 5.  Section 39.012, Florida Statutes, is

10  amended to read:

11         39.012  Rules for implementation.--The department of

12  Children and Family Services shall adopt rules for the

13  efficient and effective management of all programs, services,

14  facilities, and functions necessary for implementing this

15  chapter. Such rules may not conflict with the Florida Rules of

16  Juvenile Procedure. All rules and policies must conform to

17  accepted standards of care and treatment.

18         Section 6.  Section 39.40, Florida Statutes, is

19  renumbered as section 39.013, Florida Statutes, and amended to

20  read:

21         39.013 39.40  Procedures and jurisdiction; right to

22  counsel.--

23         (1)  All procedures, including petitions, pleadings,

24  subpoenas, summonses, and hearings, in this chapter dependency

25  cases shall be according to the Florida Rules of Juvenile

26  Procedure unless otherwise provided by law. Parents must be

27  informed by the court of their right to counsel in dependency

28  proceedings at each stage of the dependency proceedings.

29  Parents who are unable to afford counsel and who are

30  threatened with criminal charges based on the facts underlying

31

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  1  the dependency petition or a permanent loss of custody of

  2  their children must be appointed counsel.

  3         (2)  The circuit court shall have exclusive original

  4  jurisdiction of all proceedings under parts III, IV, V, and VI

  5  of this chapter, of a child voluntarily placed with a licensed

  6  child-caring agency, a licensed child-placing agency, or the

  7  department, and of the adoption of children whose parental

  8  rights have been terminated pursuant to this chapter.

  9  Jurisdiction attaches when the initial shelter petition,

10  dependency petition, or termination of parental rights

11  petition is filed or when a child is taken into the custody of

12  the department. The circuit court may assume jurisdiction over

13  any such proceeding regardless of whether the child was in the

14  physical custody of both parents, was in the sole legal or

15  physical custody of only one parent, caregiver, or of some

16  other person, or was in the physical or legal custody of no

17  person when the event or condition occurred that brought the

18  child to the attention of the court. When the court obtains

19  jurisdiction of any child who has been found to be dependent

20  is obtained, the court shall retain jurisdiction, unless

21  relinquished by its order, until the child reaches 18 years of

22  age.

23         (3)  When a child is under the jurisdiction of the

24  circuit court pursuant to the provisions of this chapter, the

25  juvenile court, as a division of the circuit court, may

26  exercise the general and equitable jurisdiction over

27  guardianship proceedings pursuant to the provisions of chapter

28  744, and proceedings for temporary custody of minor children

29  by extended family pursuant to the provisions of chapter 751.

30         (4)(3)  The court shall expedite the resolution of the

31  placement issue in cases involving a child who under 4 years

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  1  of age when the child has been removed from the family and

  2  placed in a shelter.

  3         (5)(4)  The court shall expedite the judicial handling

  4  of all cases when the child has been removed from the family

  5  and placed in a shelter, and of all cases involving a child

  6  under 4 years of age.

  7         (6)(5)  It is the intent of the Legislature that

  8  Children removed from their homes shall be provided equal

  9  treatment with respect to goals, objectives, services, and

10  case plans, without regard to the location of their

11  placement., and that placement shall be in a safe environment

12  where drugs and alcohol are not abused. It is the further

13  intent of the Legislature that, when children are removed from

14  their homes, disruption to their education be minimized to the

15  extent possible.

16         (7)  For any child who remains in the custody or under

17  the supervision of the department, the court shall, within the

18  6-month period before the child's 18th birthday, hold a

19  hearing to review the progress of the child while in the

20  custody or under the supervision of the department.

21         (8)(a)  At each stage of the proceedings under this

22  chapter, the court shall advise the parent, legal custodian,

23  or caregiver of the right to counsel. The court shall appoint

24  counsel for indigent persons. The court shall ascertain

25  whether the right to counsel is understood. When right to

26  counsel is waived, the court shall determine whether the

27  waiver is knowing and intelligent. The court shall enter its

28  findings in writing with respect to the appointment or waiver

29  of counsel for indigent parties or the waiver of counsel by

30  nonindigent parties.

31

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  1         (b)  Once counsel has entered an appearance or been

  2  appointed by the court to represent the parent of the child,

  3  the attorney shall continue to represent the parent throughout

  4  the proceedings. If the attorney-client relationship is

  5  discontinued, the court shall advise the parent of the right

  6  to have new counsel retained or appointed for the remainder of

  7  the proceedings.

  8         (c)1.  No waiver of counsel may be accepted if it

  9  appears that the parent, legal custodian, or caregiver is

10  unable to make an intelligent and understanding choice because

11  of mental condition, age, education, experience, the nature or

12  complexity of the case, or other factors.

13         2.  A waiver of counsel made in court must be of

14  record.

15         3.  If a waiver of counsel is accepted at any hearing

16  or proceeding, the offer of assistance of counsel must be

17  renewed by the court at each subsequent stage of the

18  proceedings at which the parent, legal custodian, or caregiver

19  appears without counsel.

20         (d)  This subsection does not apply to any parent who

21  has voluntarily executed a written surrender of the child and

22  consents to the entry of a court order terminating parental

23  rights.

24         (9)  The time limitations in this chapter do not

25  include:

26         (a)  Periods of delay resulting from a continuance

27  granted at the request or with the consent of the child's

28  counsel or the child's guardian ad litem, if one has been

29  appointed by the court, or, if the child is of sufficient

30  capacity to express reasonable consent, at the request or with

31  the consent of the child.

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  1         (b)  Periods of delay resulting from a continuance

  2  granted at the request of the attorney for the department, if

  3  the continuance is granted:

  4         1.  Because of an unavailability of evidence material

  5  to the case when the attorney for the department has exercised

  6  due diligence to obtain such evidence and there are

  7  substantial grounds to believe that such evidence will be

  8  available within 30 days.  However, if the department is not

  9  prepared to present its case within 30 days, the parent or

10  guardian may move for issuance of an order to show cause or

11  the court on its own motion may impose appropriate sanctions,

12  which may include dismissal of the petition.

13         2.  To allow the attorney for the department additional

14  time to prepare the case and additional time is justified

15  because of an exceptional circumstance.

16         (c)  Reasonable periods of delay necessary to

17  accomplish notice of the hearing to the child's parents;

18  however, the petitioner shall continue regular efforts to

19  provide notice to the parents during such periods of delay.

20         (d)  Reasonable periods of delay resulting from a

21  continuance granted at the request of the parent or legal

22  custodian of a subject child.

23         Section 7.  Section 39.4057, Florida Statutes, is

24  renumbered as section 39.0131, Florida Statutes.

25         Section 8.  Section 39.411, Florida Statutes, is

26  renumbered as section 39.0132, Florida Statutes, and

27  subsections (3) and (4) of said section are amended to read:

28         39.0132 39.411  Oaths, records, and confidential

29  information.--

30         (3)  The clerk shall keep all court records required by

31  this part separate from other records of the circuit court.

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  1  All court records required by this part shall not be open to

  2  inspection by the public.  All records shall be inspected only

  3  upon order of the court by persons deemed by the court to have

  4  a proper interest therein, except that, subject to the

  5  provisions of s. 63.162, a child and the parents, or legal

  6  custodians, or caregivers of the child and their attorneys,

  7  guardian ad litem, law enforcement agencies, and the

  8  department and its designees shall always have the right to

  9  inspect and copy any official record pertaining to the child.

10  The court may permit authorized representatives of recognized

11  organizations compiling statistics for proper purposes to

12  inspect and make abstracts from official records, under

13  whatever conditions upon their use and disposition the court

14  may deem proper, and may punish by contempt proceedings any

15  violation of those conditions.

16         (4)  All information obtained pursuant to this part in

17  the discharge of official duty by any judge, employee of the

18  court, authorized agent of the department, correctional

19  probation officer, or law enforcement agent shall be

20  confidential and exempt from the provisions of s. 119.07(1)

21  and shall not be disclosed to anyone other than the authorized

22  personnel of the court, the department and its designees,

23  correctional probation officers, law enforcement agents,

24  guardian ad litem, and others entitled under this chapter to

25  receive that information, except upon order of the court.

26         Section 9.  Section 39.414, Florida Statutes, is

27  renumbered as section 39.0133, Florida Statutes.

28         Section 10.  Sections 39.415 and 39.474, Florida

29  Statutes, are renumbered as section 39.0134, Florida Statutes,

30  and amended to read:

31         39.0134 39.415  Appointed counsel; compensation.--

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  1         (1)  If counsel is entitled to receive compensation for

  2  representation pursuant to a court appointment in a dependency

  3  proceeding pursuant to this chapter, such compensation shall

  4  be established by each county not exceed $1,000 at the trial

  5  level and $2,500 at the appellate level.

  6         39.474  Appointed counsel; compensation.--

  7         (2)  If counsel is entitled to receive compensation for

  8  representation pursuant to court appointment in a termination

  9  of parental rights proceeding, such compensation shall not

10  exceed $1,000 at the trial level and $2,500 at the appellate

11  level.

12         Section 11.  Section 39.418, Florida Statutes, is

13  renumbered as section 39.0135, Florida Statutes, and amended

14  to read:

15         39.0135 39.418  Operations and Maintenance Trust

16  Fund.--Effective July 1, 1996, The department of Children and

17  Family Services shall deposit all child support payments made

18  to the department pursuant to this chapter s. 39.41(2) into

19  the Operations and Maintenance Trust Fund.  The purpose of

20  this funding is to care for children who are committed to the

21  temporary legal custody of the department pursuant to s.

22  39.41(2)(a)8.

23         Section 12.  Part II of chapter 39, Florida Statutes,

24  consisting of sections 39.201, 39.202, 39.203, 39.204, 39.205,

25  and 39.206, Florida Statutes, shall be entitled to read:

26                             PART II

27                      REPORTING CHILD ABUSE

28         Section 13.  Section 415.504, Florida Statutes, is

29  renumbered as section 39.201, Florida Statutes, and amended to

30  read:

31

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  1         39.201 415.504  Mandatory reports of child abuse,

  2  abandonment, or neglect; mandatory reports of death; central

  3  abuse hotline.--

  4         (1)  Any person, including, but not limited to, any:

  5         (a)  Physician, osteopathic physician, medical

  6  examiner, chiropractor, nurse, or hospital personnel engaged

  7  in the admission, examination, care, or treatment of persons;

  8         (b)  Health or mental health professional other than

  9  one listed in paragraph (a);

10         (c)  Practitioner who relies solely on spiritual means

11  for healing;

12         (d)  School teacher or other school official or

13  personnel;

14         (e)  Social worker, day care center worker, or other

15  professional child care, foster care, residential, or

16  institutional worker; or

17         (f)  Law enforcement officer,

18

19  who knows, or has reasonable cause to suspect, that a child is

20  an abused, abandoned, or neglected child shall report such

21  knowledge or suspicion to the department in the manner

22  prescribed in subsection (2).

23         (2)(a)  Each report of known or suspected child abuse,

24  abandonment, or neglect pursuant to this section, except those

25  solely under s. 827.04(3)(4), shall be made immediately to the

26  department's central abuse hotline on the single statewide

27  toll-free telephone number, and, if the report is of an

28  instance of known or suspected child abuse by a noncaretaker,

29  the call shall be immediately electronically transferred to

30  the appropriate county sheriff's office by the central abuse

31  hotline.  If the report is of an instance of known or

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  1  suspected child abuse involving impregnation of a child under

  2  16 years of age by a person 21 years of age or older solely

  3  under s. 827.04(3)(4), the report shall be made immediately to

  4  the appropriate county sheriff's office or other appropriate

  5  law enforcement agency. If the report is of an instance of

  6  known or suspected child abuse solely under s. 827.04(3)(4),

  7  the reporting provisions of this subsection do not apply to

  8  health care professionals or other persons who provide medical

  9  or counseling services to pregnant children when such

10  reporting would interfere with the provision of medical

11  services.

12         (b)  Reporters in occupation categories designated in

13  subsection (1) are required to provide their names to the

14  hotline staff.  The names of reporters shall be entered into

15  the record of the report, but shall be held confidential as

16  provided in s. 39.202 415.51.

17         (c)  Reports involving known or suspected institutional

18  child abuse or neglect shall be made and received in the same

19  manner as all other reports made pursuant to this section.

20         (d)  Reports involving a known or suspected juvenile

21  sexual offender shall be made and received by the department.

22         1.  The department shall determine the age of the

23  alleged juvenile sexual offender if known.

24         2.  Subject to appropriations, when the alleged

25  juvenile sexual offender is 12 years of age or younger, the

26  department shall proceed with an investigation of the report

27  pursuant to this part III, immediately electronically transfer

28  the call to the appropriate law enforcement agency office by

29  the central abuse hotline, and send a written report of the

30  allegation to the appropriate county sheriff's office within

31

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  1  48 hours after the initial report is made to the central abuse

  2  hotline.

  3         3.  Subject to appropriations, when the alleged

  4  juvenile sexual offender is 13 years of age or older, the

  5  department shall immediately electronically transfer the call

  6  to the appropriate county sheriff's office by the central

  7  abuse hotline, and send a written report to the appropriate

  8  county sheriff's office within 48 hours after the initial

  9  report to the central abuse hotline.

10         (e)  Hotline counselors shall receive periodic training

11  in encouraging reporters to provide their names when reporting

12  abuse, abandonment, or neglect.  Callers shall be advised of

13  the confidentiality provisions of s. 39.202 415.51. The

14  department shall secure and install electronic equipment that

15  automatically provides to the hotline the number from which

16  the call is placed.  This number shall be entered into the

17  report of abuse, abandonment, or neglect and become a part of

18  the record of the report, but shall enjoy the same

19  confidentiality as provided to the identity of the caller

20  pursuant to s. 39.202 415.51.

21         (3)  Any person required to report or investigate cases

22  of suspected child abuse, abandonment, or neglect who has

23  reasonable cause to suspect that a child died as a result of

24  child abuse, abandonment, or neglect shall report his or her

25  suspicion to the appropriate medical examiner. The medical

26  examiner shall accept the report for investigation pursuant to

27  s. 406.11 and shall report his or her findings, in writing, to

28  the local law enforcement agency, the appropriate state

29  attorney, and the department.  Autopsy reports maintained by

30  the medical examiner are not subject to the confidentiality

31  requirements provided for in s. 39.202 415.51.

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  1         (4)(a)  The department shall establish and maintain a

  2  central abuse hotline to receive all reports made pursuant to

  3  this section in writing or through a single statewide

  4  toll-free telephone number, which any person may use to report

  5  known or suspected child abuse, abandonment, or neglect at any

  6  hour of the day or night, any day of the week. The central

  7  abuse hotline shall be operated in such a manner as to enable

  8  the department to:

  9         (a)1.  Immediately identify and locate prior reports or

10  cases of child abuse, abandonment, or neglect through

11  utilization of the department's automated tracking system.

12         (b)2.  Monitor and evaluate the effectiveness of the

13  department's program for reporting and investigating suspected

14  abuse, abandonment, or neglect of children through the

15  development and analysis of statistical and other information.

16         (c)3.  Track critical steps in the investigative

17  process to ensure compliance with all requirements for any

18  report of abuse, abandonment, or neglect.

19         (d)4.  Maintain and produce aggregate statistical

20  reports monitoring patterns of both child abuse, child

21  abandonment, and child neglect. The department shall collect

22  and analyze child-on-child sexual abuse reports and include

23  the information in aggregate statistical reports.

24         (e)5.  Serve as a resource for the evaluation,

25  management, and planning of preventive and remedial services

26  for children who have been subject to abuse, abandonment, or

27  neglect.

28         (f)6.  Initiate and enter into agreements with other

29  states for the purpose of gathering and sharing information

30  contained in reports on child maltreatment to further enhance

31  programs for the protection of children.

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  1         (b)  Upon receiving an oral or written report of known

  2  or suspected child abuse or neglect, the central abuse hotline

  3  shall determine if the report requires an immediate onsite

  4  protective investigation.  For reports requiring an immediate

  5  onsite protective investigation, the central abuse hotline

  6  shall immediately notify the department's designated children

  7  and families district staff responsible for protective

  8  investigations to ensure that an onsite investigation is

  9  promptly initiated.  For reports not requiring an immediate

10  onsite protective investigation, the central abuse hotline

11  shall notify the department's designated children and families

12  district staff responsible for protective investigations in

13  sufficient time to allow for an investigation, or if the

14  district determines appropriate, a family services response

15  system approach to be commenced within 24 hours. When a

16  district decides to respond to a report of child abuse or

17  neglect with a family services response system approach, the

18  provisions of part III apply.  If, in the course of assessing

19  risk and services or at any other appropriate time,

20  responsible district staff determines that the risk to the

21  child requires a child protective investigation, then the

22  department shall suspend its family services response system

23  activities and shall proceed with an investigation as

24  delineated in this part.  At the time of notification of

25  district staff with respect to the report, the central abuse

26  hotline shall also provide information on any previous report

27  concerning a subject of the present report or any pertinent

28  information relative to the present report or any noted

29  earlier reports.

30

31

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  1         (c)  Upon commencing an investigation under this part,

  2  the child protective investigator shall inform any subject of

  3  the investigation of the following:

  4         1.  The names of the investigators and identifying

  5  credentials from the department.

  6         2.  The purpose of the investigation.

  7         3.  The right to obtain his or her own attorney and

  8  ways that the information provided by the subject may be used.

  9         (d)  The department shall make and keep records of all

10  cases brought before it pursuant to this part and shall

11  preserve the records pertaining to a child and family until 7

12  years after the last entry was made or until the child is 18

13  years of age.  The department shall then destroy the records,

14  except where the child has been placed under the protective

15  supervision of the department, the court has made a finding of

16  dependency, or a criminal conviction has resulted from the

17  facts associated with the report and there is a likelihood

18  that future services of the department may be required.

19         (5)  The department shall be capable of receiving and

20  investigating reports of known or suspected child abuse,

21  abandonment, or neglect 24 hours a day, 7 days a week.  If it

22  appears that the immediate safety or well-being of a child is

23  endangered, that the family may flee or the child will be

24  unavailable for purposes of conducting a child protective

25  investigation, or that the facts otherwise so warrant, the

26  department shall commence an investigation immediately,

27  regardless of the time of day or night. In all other child

28  abuse, abandonment, or neglect cases, a child protective

29  investigation shall be commenced within 24 hours after receipt

30  of the report. In an institutional investigation, the alleged

31  perpetrator may be represented by an attorney, at his or her

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  1  own expense, or accompanied by another person, if the person

  2  or the attorney executes an affidavit of understanding with

  3  the department and agrees to comply with the confidentiality

  4  provisions of s. 39.202. The absence of an attorney or other

  5  person does not prevent the department from proceeding with

  6  other aspects of the investigation, including interviews with

  7  other persons. In institutional child abuse cases when the

  8  institution is not operating and the child cannot otherwise be

  9  located, the investigation shall commence immediately upon the

10  resumption of operation. If requested by a state attorney or

11  local law enforcement agency, the department shall furnish all

12  investigative reports to that agency.

13         (6)(e)  Information in the central abuse hotline may

14  not be used for employment screening, except as provided in s.

15  39.202(2)(a) and (h). Information in the central abuse hotline

16  and the department's automated abuse information system may be

17  used by the department, its authorized agents or contract

18  providers, the Department of Health, or county agencies as

19  part of the licensure or registration process pursuant to ss.

20  402.301-402.319 and ss. 409.175-409.176. Access to the

21  information shall only be granted as set forth in s. 415.51.

22         (7)(5)  This section does not require a professional

23  who is hired by or enters into a contract with the department

24  for the purpose of treating or counseling any person, as a

25  result of a report of child abuse, abandonment, or neglect, to

26  again report to the central abuse hotline the abuse,

27  abandonment, or neglect that was the subject of the referral

28  for treatment.

29         Section 14.  Section 415.511, Florida Statutes, is

30  renumbered as section 39.203, Florida Statutes, and amended to

31  read:

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  1         39.203 415.511  Immunity from liability in cases of

  2  child abuse, abandonment, or neglect.--

  3         (1)(a)  Any person, official, or institution

  4  participating in good faith in any act authorized or required

  5  by this chapter ss. 415.502-415.514, or reporting in good

  6  faith any instance of child abuse, abandonment, or neglect to

  7  any law enforcement agency, shall be immune from any civil or

  8  criminal liability which might otherwise result by reason of

  9  such action.

10         (b)  Except as provided in this chapter s.

11  415.503(10)(f), nothing contained in this section shall be

12  deemed to grant immunity, civil or criminal, to any person

13  suspected of having abused, abandoned, or neglected a child,

14  or committed any illegal act upon or against a child.

15         (2)(a)  No resident or employee of a facility serving

16  children may be subjected to reprisal or discharge because of

17  his or her actions in reporting abuse, abandonment, or neglect

18  pursuant to the requirements of this section.

19         (b)  Any person making a report under this section

20  shall have a civil cause of action for appropriate

21  compensatory and punitive damages against any person who

22  causes detrimental changes in the employment status of such

23  reporting party by reason of his or her making such report.

24  Any detrimental change made in the residency or employment

25  status of such person, including, but not limited to,

26  discharge, termination, demotion, transfer, or reduction in

27  pay or benefits or work privileges, or negative evaluations

28  within a prescribed period of time shall establish a

29  rebuttable presumption that such action was retaliatory.

30

31

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  1         Section 15.  Section 415.512, Florida Statutes, is

  2  renumbered as section 39.204, Florida Statutes, and amended to

  3  read:

  4         39.204 415.512  Abrogation of privileged communications

  5  in cases involving child abuse, abandonment, or neglect.--The

  6  privileged quality of communication between husband and wife

  7  and between any professional person and his or her patient or

  8  client, and any other privileged communication except that

  9  between attorney and client or the privilege provided in s.

10  90.505, as such communication relates both to the competency

11  of the witness and to the exclusion of confidential

12  communications, shall not apply to any communication involving

13  the perpetrator or alleged perpetrator in any situation

14  involving known or suspected child abuse, abandonment, or

15  neglect and shall not constitute grounds for failure to report

16  as required by s. 39.201 415.504 regardless of the source of

17  the information requiring the report, failure to cooperate

18  with the department in its activities pursuant to this chapter

19  ss. 415.502-415.514, or failure to give evidence in any

20  judicial proceeding relating to child abuse, abandonment, or

21  neglect.

22         Section 16.  Section 415.513, Florida Statutes, is

23  renumbered as section 39.205, Florida Statutes, and amended to

24  read:

25         39.205 415.513  Penalties relating to abuse reporting

26  of child abuse, abandonment, or neglect.--

27         (1)  A person who is required by s. 415.504 to report

28  known or suspected child abuse, abandonment, or neglect and

29  who knowingly and willfully fails to do so, or who knowingly

30  and willfully prevents another person from doing so, is guilty

31

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  1  of a misdemeanor of the second degree, punishable as provided

  2  in s. 775.082 or s. 775.083.

  3         (2)  A person who knowingly and willfully makes public

  4  or discloses any confidential information contained in the

  5  central abuse hotline registry and tracking system or in the

  6  records of any child abuse, abandonment, or neglect case,

  7  except as provided in this chapter ss. 415.502-415.514, is

  8  guilty of a misdemeanor of the second degree, punishable as

  9  provided in  s. 775.082 or s. 775.083.

10         (3)  The department shall establish procedures for

11  determining whether a false report of child abuse,

12  abandonment, or neglect has been made and for submitting all

13  identifying information relating to such a report to the

14  appropriate law enforcement agency and the state attorney for

15  prosecution.

16         (4)  A person who knowingly and willfully makes a false

17  report of child abuse, abandonment, or neglect, or who advises

18  another to make a false report, is guilty of a misdemeanor of

19  the second degree, punishable as provided in s. 775.082 or s.

20  775.083. Anyone making a report who is acting in good faith is

21  immune from any liability under this subsection.

22         (5)  Each state attorney shall establish procedures to

23  facilitate the prosecution of persons under this section.

24         Section 17.  Section 415.5131, Florida Statutes, is

25  renumbered as section 39.206, Florida Statutes, and amended to

26  read:

27         39.206 415.5131  Administrative fines for false report

28  of abuse, abandonment, or neglect of a child.--

29         (1)  In addition to any other penalty authorized by

30  this section, chapter 120, or other law, the department may

31  impose a fine, not to exceed $1,000 for each violation, upon a

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  1  person who knowingly and willfully makes a false report of

  2  abuse, abandonment, or neglect of a child, or a person who

  3  counsels another to make a false report.

  4         (2)  If the department alleges that a person has filed

  5  a false report with the central abuse hotline registry and

  6  tracking system, the department must file a Notice of Intent

  7  which alleges the name, age, and address of the individual,

  8  the facts constituting the allegation that the individual made

  9  a false report, and the administrative fine the department

10  proposes to impose on the person. Each time that a false

11  report is made constitutes a separate violation.

12         (3)  The Notice of Intent to impose the administrative

13  fine must be served upon the person alleged to have filed the

14  false report and the person's legal counsel, if any. Such

15  Notice of Intent must be given by certified mail, return

16  receipt requested.

17         (4)  Any person alleged to have filed the false report

18  is entitled to an administrative hearing, pursuant to chapter

19  120, before the imposition of the fine becomes final. The

20  person must request an administrative hearing within 60 days

21  after receipt of the Notice of Intent by filing a request with

22  the department. Failure to request an administrative hearing

23  within 60 days after receipt of the Notice of Intent

24  constitutes a waiver of the right to a hearing, making the

25  administrative fine final.

26         (5)  At the hearing, the department must prove by clear

27  and convincing evidence that the person filed a false report

28  with the central abuse hotline registry and tracking system.

29  The court shall advise any person against whom a fine may be

30  imposed of that person's right to be represented by counsel at

31  the hearing.

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  1         (6)  In determining the amount of fine to be imposed,

  2  if any, the following factors shall be considered:

  3         (a)  The gravity of the violation, including the

  4  probability that serious physical or emotional harm to any

  5  person will result or has resulted, the severity of the actual

  6  or potential harm, and the nature of the false allegation.

  7         (b)  Actions taken by the false reporter to retract the

  8  false report as an element of mitigation, or, in contrast, to

  9  encourage an investigation on the basis of false information.

10         (c)  Any previous false reports filed by the same

11  individual.

12         (7)  A decision by the department, following the

13  administrative hearing, to impose an administrative fine for

14  filing a false report constitutes final agency action within

15  the meaning of chapter 120. Notice of the imposition of the

16  administrative fine must be served upon the person and the

17  person's legal counsel, by certified mail, return receipt

18  requested, and must state that the person may seek judicial

19  review of the administrative fine pursuant to s. 120.68.

20         (8)  All amounts collected under this section shall be

21  deposited into an appropriate trust fund of the department.

22         (9)  A person who is determined to have filed a false

23  report of abuse, abandonment, or neglect is not entitled to

24  confidentiality. Subsequent to the conclusion of all

25  administrative or other judicial proceedings concerning the

26  filing of a false report, the name of the false reporter and

27  the nature of the false report shall be made public, pursuant

28  to s. 119.01(1). Such information shall be admissible in any

29  civil or criminal proceeding.

30         (10)  Any person making a report who is acting in good

31  faith is immune from any liability under this section and

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  1  shall continue to be entitled to have the confidentiality of

  2  their identity maintained.

  3         Section 18.  Part III of chapter 39, Florida Statutes,

  4  consisting of sections 39.301, 39.302, 39.303, 39.3035,

  5  39.304, 39.305, 39.306, and 39.307, Florida Statutes, shall be

  6  entitled to read:

  7                             PART III

  8                    PROTECTIVE INVESTIGATIONS

  9         Section 19.  Section 39.301, Florida Statutes, is

10  created to read:

11         39.301  Initiation of protective investigations.--

12         (1)  Upon receiving an oral or written report of known

13  or suspected child abuse, abandonment, or neglect, the central

14  abuse hotline shall determine if the report requires an

15  immediate onsite protective investigation.  For reports

16  requiring an immediate onsite protective investigation, the

17  central abuse hotline shall immediately notify the

18  department's designated children and families district staff

19  responsible for protective investigations to ensure that an

20  onsite investigation is promptly initiated.  For reports not

21  requiring an immediate onsite protective investigation, the

22  central abuse hotline shall notify the department's designated

23  children and families district staff responsible for

24  protective investigations in sufficient time to allow for an

25  investigation. At the time of notification of district staff

26  with respect to the report, the central abuse hotline shall

27  also provide information on any previous report concerning a

28  subject of the present report or any pertinent information

29  relative to the present report or any noted earlier reports.

30

31

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  1         (2)  Upon commencing an investigation under this part,

  2  the child protective investigator shall inform any subject of

  3  the investigation of the following:

  4         (a)  The names of the investigators and identifying

  5  credentials from the department.

  6         (b)  The purpose of the investigation.

  7         (c)  The right to obtain his or her own attorney and

  8  ways that the information provided by the subject may be used.

  9         (d)  The possible outcomes and services of the

10  department's response shall be explained to the caregiver.

11         (e)  The right of the parent, legal custodian, or

12  caregiver to be involved to the fullest extent possible in

13  determining the nature of the allegation and the nature of any

14  identified problem. the nature of any identified problem.

15         (3)  An assessment of risk and the perceived needs for

16  the child and family shall be conducted in a manner that is

17  sensitive to the social, economic, and cultural environment of

18  the family.

19         (4)  Protective investigations shall be performed by

20  the department or its agent.

21         (5)  The person responsible for the investigation shall

22  make a preliminary determination as to whether the report or

23  complaint is complete, consulting with the attorney for the

24  department when necessary.  In any case in which the person

25  responsible for the investigation finds that the report or

26  complaint is incomplete, he or she shall return it without

27  delay to the person or agency originating the report or

28  complaint or having knowledge of the facts, or to the

29  appropriate law enforcement agency having investigative

30  jurisdiction, and request additional information in order to

31  complete the report or complaint; however, the confidentiality

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  1  of any report filed in accordance with this chapter shall not

  2  be violated.

  3         (a)  If it is determined that the report or complaint

  4  is complete, after determining that such action would be in

  5  the best interests of the child, the attorney for the

  6  department shall file a petition for dependency.

  7         (b)  If it is determined that the report or complaint

  8  is complete, but the interests of the child and the public

  9  will be best served by providing the child care or other

10  treatment voluntarily accepted by the child and the parents,

11  caregivers, or legal custodians, the protective investigator

12  may refer the child for such care or other treatment.

13         (c)  If the person conducting the investigation refuses

14  to request the attorney for the department to file a petition

15  for dependency, the complainant shall be advised of the right

16  to file a petition pursuant to this part.

17         (6)  For each report it receives, the department shall

18  perform an onsite child protective investigation to:

19         (a)  Determine the composition of the family or

20  household, including the name, address, date of birth, social

21  security number, sex, and race of each child named in the

22  report; any siblings or other children in the same household

23  or in the care of the same adults; the parents, legal

24  custodians, or caregivers; and any other adults in the same

25  household.

26         (b)  Determine whether there is indication that any

27  child in the family or household has been abused, abandoned,

28  or neglected; the nature and extent of present or prior

29  injuries, abuse, or neglect, and any evidence thereof; and a

30  determination as to the person or persons apparently

31  responsible for the abuse, abandonment, or neglect, including

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  1  the name, address, date of birth, social security number, sex,

  2  and race of each such person.

  3         (c)  Determine the immediate and long-term risk to each

  4  child by conducting state and federal records checks on the

  5  parents, legal custodians, or caregivers, and any other

  6  persons in the same household. This information shall be used

  7  solely for purposes supporting the detection, apprehension,

  8  prosecution, pretrial release, post-trial release, or

  9  rehabilitation of criminal offenders or persons accused of the

10  crimes of child abuse, abandonment, or neglect and shall not

11  be further disseminated or used for any other purpose. The

12  department's child protection investigators are hereby

13  designated a criminal justice agency for the purpose of

14  accessing criminal justice information to be used for

15  enforcing this state's laws concerning the crimes of child

16  abuse, abandonment, and neglect.

17         (d)  Determine the immediate and long-term risk to each

18  child through utilization of standardized risk assessment

19  instruments.

20         (e)  Based on the information obtained from the

21  caregiver, complete the risk-assessment instrument within 48

22  hours after the initial contact and, if needed, develop a case

23  plan.

24         (f)  Determine the protective, treatment, and

25  ameliorative services necessary to safeguard and ensure the

26  child's safety and well-being and development, and cause the

27  delivery of those services through the early intervention of

28  the department or its agent.

29         (7)  If the department or its agent is denied

30  reasonable access to a child by the parents, legal custodians,

31  or caregivers and the department deems that the best interests

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  1  of the child so require, it shall seek an appropriate court

  2  order or other legal authority to examine and interview the

  3  child.

  4         (8)  If the department or its agent determines that a

  5  child requires immediate or long-term protection through:

  6         (a)  Medical or other health care;

  7         (b)  Homemaker care, day care, protective supervision,

  8  or other services to stabilize the home environment, including

  9  intensive family preservation services through the Family

10  Builders Program, the Intensive Crisis Counseling Program, or

11  both; or

12         (c)  Foster care, shelter care, or other substitute

13  care to remove the child from the custody of the parents,

14  legal guardians, or caregivers,

15

16  such services shall first be offered for voluntary acceptance

17  unless there are high-risk factors that may impact the ability

18  of the parents, legal guardians, or caregivers to exercise

19  judgment. Such factors may include the parents', legal

20  guardians', or caregivers' young age or history of substance

21  abuse or domestic violence. The parents, legal custodians, or

22  caregivers shall be informed of the right to refuse services,

23  as well as the responsibility of the department to protect the

24  child regardless of the acceptance or refusal of services. If

25  the services are refused or the department deems that the

26  child's need for protection so requires, the department shall

27  take the child into protective custody or petition the court

28  as provided in this chapter.

29         (9)  When a child is taken into custody pursuant to

30  this section, the authorized agent of the department shall

31  request that the child's parent, caregiver, or legal custodian

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  1  disclose the names, relationships, and addresses of all

  2  parents and prospective parents and all next of kin, so far as

  3  are known.

  4         (10)  No later than 30 days after receiving the initial

  5  report, the local office of the department shall complete its

  6  investigation.

  7         (11)  Immediately upon receipt of a report alleging, or

  8  immediately upon learning during the course of an

  9  investigation, that:

10         (a)  The immediate safety or well-being of a child is

11  endangered;

12         (b)  The family is likely to flee;

13         (c)  A child died as a result of abuse, abandonment, or

14  neglect;

15         (d)  A child is a victim of aggravated child abuse as

16  defined in s. 827.03; or

17         (e)  A child is a victim of sexual battery or of sexual

18  abuse,

19

20  the department shall orally notify the jurisdictionally

21  responsible state attorney, and county sheriff's office or

22  local police department, and, as soon as practicable, transmit

23  the report to those agencies.  The law enforcement agency

24  shall review the report and determine whether a criminal

25  investigation needs to be conducted and shall assume lead

26  responsibility for all criminal fact-finding activities.  A

27  criminal investigation shall be coordinated, whenever

28  possible, with the child protective investigation of the

29  department.  Any interested person who has information

30  regarding an offense described in this subsection may forward

31

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  1  a statement to the state attorney as to whether prosecution is

  2  warranted and appropriate.

  3         (12)  In a child protective investigation or a criminal

  4  investigation, when the initial interview with the child is

  5  conducted at school, the department or the law enforcement

  6  agency may allow, notwithstanding the provisions of s.

  7  39.0132(4), a school instructional staff member who is known

  8  by the child to be present during the initial interview if:

  9         (a)  The department or law enforcement agency believes

10  that the school instructional staff member could enhance the

11  success of the interview by his or her presence; and

12         (b)  The child requests or consents to the presence of

13  the school instructional staff member at the interview.

14

15  School instructional staff may only be present when authorized

16  by this subsection.  Information received during the interview

17  or from any other source regarding the alleged abuse or

18  neglect of the child shall be confidential and exempt from the

19  provisions of s. 119.07(1), except as otherwise provided by

20  court order.  A separate record of the investigation of the

21  abuse, abandonment, or neglect shall not be maintained by the

22  school or school instructional staff member. Violation of this

23  subsection constitutes a misdemeanor of the second degree,

24  punishable as provided in s. 775.082 or s. 775.083.

25         (13)  Within 15 days after the completion of the

26  investigation of cases reported to him or her pursuant to this

27  section, the state attorney shall report his or her findings

28  to the department and shall include in such report a

29  determination of whether or not prosecution is justified and

30  appropriate in view of the circumstances of the specific case.

31

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  1         Section 20.  Section 39.302, Florida Statutes, is

  2  created to read:

  3         39.302  Protective investigations of institutional

  4  child abuse, abandonment, or neglect.--

  5         (1)  The department shall conduct a child protective

  6  investigation of each report of institutional child abuse,

  7  abandonment, or neglect.  Upon receipt of a report which

  8  alleges that an employee or agent of the department, or any

  9  other entity or person covered by s. 39.01(32) or (47), acting

10  in an official capacity, has committed an act of child abuse,

11  abandonment, or neglect, the department shall immediately

12  initiate a child protective investigation and orally notify

13  the appropriate state attorney, law enforcement agency, and

14  licensing agency.  These agencies shall immediately conduct a

15  joint investigation, unless independent investigations are

16  more feasible.  When a facility is exempt from licensing, the

17  department shall inform the owner or operator of the facility

18  of the report.  Each agency conducting a joint investigation

19  shall be entitled to full access to the information gathered

20  by the department in the course of the investigation. In all

21  cases, the department shall make a full written report to the

22  state attorney within 3 days after making the oral report. A

23  criminal investigation shall be coordinated, whenever

24  possible, with the child protective investigation of the

25  department. Any interested person who has information

26  regarding the offenses described in this subsection may

27  forward a statement to the state attorney as to whether

28  prosecution is warranted and appropriate. Within 15 days after

29  the completion of the investigation, the state attorney shall

30  report the findings to the department and shall include in

31  such report a determination of whether or not prosecution is

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  1  justified and appropriate in view of the circumstances of the

  2  specific case.

  3         (2)(a)  If in the course of the child protective

  4  investigation, the department finds that a subject of a

  5  report, by continued contact with children in care,

  6  constitutes a threatened harm to the physical health, mental

  7  health, or welfare of the children, the department may

  8  restrict a subject's access to the children pending the

  9  outcome of the investigation.  The department or its agent

10  shall employ the least restrictive means necessary to

11  safeguard the physical health, mental health, and welfare of

12  the children in care.  This authority shall apply only to

13  child protective investigations in which there is some

14  evidence that child abuse, abandonment, or neglect has

15  occurred.  A subject of a report whose access to children in

16  care has been restricted is entitled to petition the circuit

17  court for judicial review. The court shall enter written

18  findings of fact based upon the preponderance of evidence that

19  child abuse, abandonment, or neglect did occur and that the

20  department's restrictive action against a subject of the

21  report was justified in order to safeguard the physical

22  health, mental health, and welfare of the children in care.

23  The restrictive action of the department shall be effective

24  for no more than 90 days without a judicial finding supporting

25  the actions of the department.

26         (b)  Upon completion of the department's child

27  protective investigation, the department may make application

28  to the circuit court for continued restrictive action against

29  any person necessary to safeguard the physical health, mental

30  health, and welfare of the children in care.

31

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  1         (3)  Pursuant to the restrictive actions described in

  2  subsection (2), in cases of institutional abuse, abandonment,

  3  or neglect in which the removal of a subject of a report will

  4  result in the closure of the facility, and when requested by

  5  the owner of the facility, the department may provide

  6  appropriate personnel to assist in maintaining the operation

  7  of the facility.  The department may provide assistance when

  8  it can be demonstrated by the owner that there are no

  9  reasonable alternatives to such action. The length of the

10  assistance shall be agreed upon by the owner and the

11  department; however, the assistance shall not be for longer

12  than the course of the restrictive action imposed pursuant to

13  subsection (2).  The owner shall reimburse the department for

14  the assistance of personnel provided.

15         (4)  The department shall notify the human rights

16  advocacy committee in the appropriate district of the

17  department as to every report of institutional child abuse,

18  abandonment, or neglect in the district in which a client of

19  the department is alleged or shown to have been abused,

20  abandoned, or neglected, which notification shall be made

21  within 48 hours after the department commences its

22  investigation.

23         (5)  The department shall notify the state attorney and

24  the appropriate law enforcement agency of any other child

25  abuse, abandonment, or neglect case in which a criminal

26  investigation is deemed appropriate by the department.

27         (6)  In cases of institutional child abuse,

28  abandonment, or neglect in which the multiplicity of reports

29  of abuse, abandonment, or neglect or the severity of the

30  allegations indicates the need for specialized investigation

31  by the department in order to afford greater safeguards for

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  1  the physical health, mental health, and welfare of the

  2  children in care, the department shall provide a team of

  3  persons specially trained in the areas of child abuse,

  4  abandonment, and neglect investigations, diagnosis, and

  5  treatment to assist the local office of the department in

  6  expediting its investigation and in making recommendations for

  7  restrictive actions and to assist in other ways deemed

  8  necessary by the department in order to carry out the

  9  provisions of this section. The specially trained team shall

10  also provide assistance to any investigation of the

11  allegations by local law enforcement and the Department of Law

12  Enforcement.

13         Section 21.  Section 415.5055, Florida Statutes, is

14  renumbered as section 39.303, Florida Statutes, and amended to

15  read:

16         39.303 415.5055  Child protection teams; services;

17  eligible cases.--The department shall develop, maintain, and

18  coordinate the services of one or more multidisciplinary child

19  protection teams in each of the service districts of the

20  department.  Such teams may be composed of representatives of

21  appropriate health, mental health, social service, legal

22  service, and law enforcement agencies. The Legislature finds

23  that optimal coordination of child protection teams and sexual

24  abuse treatment programs requires collaboration between the

25  Department of Health and the Department of Children and Family

26  Services. The two departments shall maintain an interagency

27  agreement that establishes protocols for oversight and

28  operations of child protection teams and sexual abuse

29  treatment programs. The Secretary of Health and the Director

30  of the Division of Children's Medical Services, in

31  consultation with the Secretary of Children and Family

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  1  Services, shall maintain the responsibility for the screening,

  2  employment, and, if necessary, the termination of child

  3  protection team medical directors, at headquarters and in the

  4  15 districts. Child protection team medical directors shall be

  5  responsible for oversight of the teams in the districts.

  6         (1)  The department shall utilize and convene the teams

  7  to supplement the assessment and protective supervision

  8  activities of the children, youth, and families program of the

  9  department.  Nothing in this section shall be construed to

10  remove or reduce the duty and responsibility of any person to

11  report pursuant to this chapter s. 415.504 all suspected or

12  actual cases of child abuse, abandonment, or neglect or sexual

13  abuse of a child.  The role of the teams shall be to support

14  activities of the program and to provide services deemed by

15  the teams to be necessary and appropriate to abused,

16  abandoned, and neglected children upon referral.  The

17  specialized diagnostic assessment, evaluation, coordination,

18  consultation, and other supportive services that a child

19  protection team shall be capable of providing include, but are

20  not limited to, the following:

21         (a)  Medical diagnosis and evaluation services,

22  including provision or interpretation of X rays and laboratory

23  tests, and related services, as needed, and documentation of

24  findings relative thereto.

25         (b)  Telephone consultation services in emergencies and

26  in other situations.

27         (c)  Medical evaluation related to abuse, abandonment,

28  or neglect, as defined by department policy or rule.

29         (d)  Such psychological and psychiatric diagnosis and

30  evaluation services for the child or the child's parent or

31  parents, legal custodian or custodians guardian or guardians,

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  1  or other caregivers, or any other individual involved in a

  2  child abuse, abandonment, or neglect case, as the team may

  3  determine to be needed.

  4         (e)  Short-term psychological treatment.  It is the

  5  intent of the Legislature that short-term psychological

  6  treatment be limited to no more than 6 months' duration after

  7  treatment is initiated, except that the appropriate district

  8  administrator may authorize such treatment for individual

  9  children beyond this limitation if the administrator deems it

10  appropriate.

11         (f)  Expert medical, psychological, and related

12  professional testimony in court cases.

13         (g)  Case staffings to develop, implement, and monitor

14  treatment plans for children whose cases have been referred to

15  the team.  A child protection team may provide consultation

16  with respect to a child who has not been referred to the team,

17  but who is alleged or is shown to be abused, abandoned, or

18  neglected, which consultation shall be provided at the request

19  of a representative of the children, youth, and families

20  program or at the request of any other professional involved

21  with a child or the child's parent or parents, legal custodian

22  or custodians guardian or guardians, or other caregivers.  In

23  every such child protection team case staffing, consultation,

24  or staff activity involving a child, a children, youth, and

25  families program representative shall attend and participate.

26         (h)  Case service coordination and assistance,

27  including the location of services available from other public

28  and private agencies in the community.

29         (i)  Such training services for program and other

30  department employees as is deemed appropriate to enable them

31  to develop and maintain their professional skills and

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  1  abilities in handling child abuse, abandonment, and neglect

  2  cases.

  3         (j)  Educational and community awareness campaigns on

  4  child abuse, abandonment, and neglect in an effort to enable

  5  citizens more successfully to prevent, identify, and treat

  6  child abuse, abandonment, and neglect in the community.

  7         (2)  The child abuse, abandonment, and neglect cases

  8  that are appropriate for referral by the children, youth, and

  9  families program to child protection teams for support

10  services as set forth in subsection (1) include, but are not

11  limited to, cases involving:

12         (a)  Bruises, burns, or fractures in a child under the

13  age of 3 years or in a nonambulatory child of any age.

14         (b)  Unexplained or implausibly explained bruises,

15  burns, fractures, or other injuries in a child of any age.

16         (c)  Sexual abuse of a child in which vaginal or anal

17  penetration is alleged or in which other unlawful sexual

18  conduct has been determined to have occurred.

19         (d)  Venereal disease, or any other sexually

20  transmitted disease, in a prepubescent child.

21         (e)  Reported malnutrition of a child and failure of a

22  child to thrive.

23         (f)  Reported medical, physical, or emotional neglect

24  of a child.

25         (g)  Any family in which one or more children have been

26  pronounced dead on arrival at a hospital or other health care

27  facility, or have been injured and later died, as a result of

28  suspected abuse, abandonment, or neglect, when any sibling or

29  other child remains in the home.

30

31

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  1         (h)  Symptoms of serious emotional problems in a child

  2  when emotional or other abuse, abandonment, or neglect is

  3  suspected.

  4         (3)  All records and reports of the child protection

  5  team are confidential and exempt from the provisions of ss.

  6  119.07(1) and 455.241, and shall not be disclosed, except,

  7  upon request, to the state attorney, law enforcement, the

  8  department, and necessary professionals, in furtherance of the

  9  treatment or additional evaluative needs of the child or by

10  order of the court.

11         (3)  In all instances in which a child protection team

12  is providing certain services to abused, abandoned, or

13  neglected children, other offices and units of the department

14  shall avoid duplicating the provision of those services.

15         Section 22.  Section 39.3035, Florida Statutes, is

16  created to read:

17         39.3035  Child advocacy centers; standards; state

18  funding.--

19         (1)  In order to become eligible for a full membership

20  in the Florida Network of Children's Advocacy Centers, Inc., a

21  child advocacy center in this state shall:

22         (a)  Be a private, nonprofit incorporated agency.

23         (b)  Have a neutral, child-focused facility where joint

24  department and law enforcement interviews take place with

25  children in appropriate cases of suspected child sexual and

26  physical abuse.  All multidisciplinary agencies shall have a

27  place to interact with the child as investigative or treatment

28  needs require.

29         (c)  Have a minimum designated staff that is supervised

30  and approved by the local board of directors.

31

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  1         (d)  Have a multidisciplinary case review team that

  2  meets on a regularly scheduled basis or as the caseload of the

  3  community requires.  The team shall consist of representatives

  4  from the Office of the State Attorney, the department, mental

  5  health and law enforcement entities, and the child advocacy

  6  center staff. Medical personnel and a victim's advocate shall

  7  also be part of the team.

  8         (e)  Provide case tracking of child abuse cases seen

  9  through the center.  A center shall also collect data on the

10  number of child abuse cases seen at the center by sex, race,

11  age, and other relevant data; the number of cases referred for

12  prosecution; and the number of cases referred for mental

13  health therapy.

14         (f)  Provide referrals for medical exams and mental

15  health therapy.  The center shall provide followup on cases

16  referred for mental health therapy.

17         (g)  Provide training for various disciplines in the

18  community that deal with child abuse.

19         (h)  Have an interagency commitment covering those

20  aspects of agency participation in a multidisciplinary

21  approach to the handling of child sexual and serious physical

22  abuse cases.

23         (i)  Provide assurance that volunteers at the center

24  are trained and screened by appropriate resources.

25         (2)  Any child advocacy center within this state that

26  meets the standards of subsection (1) and is certified by the

27  Florida Network of Children's Advocacy Centers, Inc., as being

28  a full member in the organization shall be eligible to receive

29  state funds that are appropriated by the Legislature for the

30  Florida Network of Children's Advocacy Centers, Inc.

31

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  1         (3)  Any new child advocacy center within this state

  2  that desires to become certified by the network may request

  3  and receive initial funding if approved by the board of

  4  directors of the network.  Any center failing to meet the

  5  standards established in subsection (1) for a period of 1 year

  6  or longer shall not be eligible to receive state funding.

  7         (4)  The network board of directors shall be

  8  responsible for allocating state-appropriated funds to

  9  existing and new child advocacy centers which meet the

10  standards of subsection (1).

11         Section 23.  Section 415.507, Florida Statutes, is

12  renumbered as section 39.304, Florida Statutes, and amended to

13  read:

14         39.304 415.507  Photographs, medical examinations, X

15  rays, and medical treatment of abused, abandoned, or neglected

16  child.--

17         (1)  Any person required to investigate cases of

18  suspected child abuse, abandonment, or neglect may take or

19  cause to be taken photographs of the areas of trauma visible

20  on a child who is the subject of a report.  If the areas of

21  trauma visible on a child indicate a need for a medical

22  examination, or if the child verbally complains or otherwise

23  exhibits distress as a result of injury through suspected

24  child abuse, abandonment, or neglect, or is alleged to have

25  been sexually abused, the person required to investigate may

26  cause the child to be referred for diagnosis to a licensed

27  physician or an emergency department in a hospital without the

28  consent of the child's parents, caregiver legal guardian, or

29  legal custodian.  Such examination may be performed by an

30  advanced registered nurse practitioner licensed pursuant to

31  chapter 464. Any licensed physician, or advanced registered

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  1  nurse practitioner licensed pursuant to chapter 464, who has

  2  reasonable cause to suspect that an injury was the result of

  3  child abuse, abandonment, or neglect may authorize a

  4  radiological examination to be performed on the child without

  5  the consent of the child's parent, caregiver legal guardian,

  6  or legal custodian.

  7         (2)  Consent for any medical treatment shall be

  8  obtained in the following manner.

  9         (a)1.  Consent to medical treatment shall be obtained

10  from a parent or legal custodian guardian of the child; or

11         2.  A court order for such treatment shall be obtained.

12         (b)  If a parent or legal custodian guardian of the

13  child is unavailable and his or her whereabouts cannot be

14  reasonably ascertained, and it is after normal working hours

15  so that a court order cannot reasonably be obtained, an

16  authorized agent of the department shall have the authority to

17  consent to necessary medical treatment for the child. The

18  authority of the department to consent to medical treatment in

19  this circumstance shall be limited to the time reasonably

20  necessary to obtain court authorization.

21         (c)  If a parent or legal custodian guardian of the

22  child is available but refuses to consent to the necessary

23  treatment, a court order shall be required unless the

24  situation meets the definition of an emergency in s. 743.064

25  or the treatment needed is related to suspected abuse,

26  abandonment, or neglect of the child by a parent or legal

27  custodian guardian. In such case, the department shall have

28  the authority to consent to necessary medical treatment.  This

29  authority is limited to the time reasonably necessary to

30  obtain court authorization.

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  1  In no case shall the department consent to sterilization,

  2  abortion, or termination of life support.

  3         (3)  Any facility licensed under chapter 395 shall

  4  provide to the department, its agent, or a child protection

  5  team that contracts with the department any photograph or

  6  report on examinations made or X rays taken pursuant to this

  7  section, or copies thereof, for the purpose of investigation

  8  or assessment of cases of abuse, abandonment, neglect, or

  9  exploitation of children.

10         (4)(3)  Any photograph or report on examinations made

11  or X rays taken pursuant to this section, or copies thereof,

12  shall be sent to the department as soon as possible.

13         (5)(4)  The county in which the child is a resident

14  shall bear the initial costs of the examination of the

15  allegedly abused, abandoned, or neglected child; however, the

16  parents, caregiver legal guardian, or legal custodian of the

17  child shall be required to reimburse the county for the costs

18  of such examination, other than an initial forensic physical

19  examination as provided in s. 960.28, and to reimburse the

20  department of Children and Family Services for the cost of the

21  photographs taken pursuant to this section.  A medical

22  provider may not bill a child victim, directly or indirectly,

23  for the cost of an initial forensic physical examination.

24         (5)  The court shall order a defendant or juvenile

25  offender who pleads guilty or nolo contendere to, or who is

26  convicted of or adjudicated delinquent for, a violation of

27  chapter 794 or chapter 800 to make restitution to the Crimes

28  Compensation Trust Fund or to the county, whichever paid for

29  the initial forensic physical examination, in an amount equal

30  to the compensation paid to the medical provider for the cost

31  of the initial forensic physical examination.  The order may

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  1  be enforced by the department in the same manner as a judgment

  2  in a civil action.

  3         Section 24.  Section 415.5095, Florida Statutes, is

  4  renumbered as section 39.305, Florida Statutes, and amended to

  5  read:

  6         39.305 415.5095  Intervention and treatment in sexual

  7  abuse cases; model plan.--

  8         (1)  The impact of sexual abuse on the child and family

  9  has caused the Legislature to determine that special

10  intervention and treatment must be offered in certain cases so

11  that the child can be protected from further abuse, the family

12  can be kept together, and the abuser can benefit from

13  treatment.  To further this end, it is the intent of the

14  Legislature that special funding shall be available in those

15  communities where agencies and professionals are able to work

16  cooperatively to effectuate intervention and treatment in

17  intrafamily sexual abuse cases.

18         (2)  The department of Children and Family Services

19  shall develop a model plan for community intervention and

20  treatment of intrafamily sexual abuse in conjunction with the

21  Department of Law Enforcement, the Department of Health, the

22  Department of Education, the Attorney General, the state

23  Guardian Ad Litem Program, the Department of Corrections,

24  representatives of the judiciary, and professionals and

25  advocates from the mental health and child welfare community.

26         Section 25.  Section 39.306, Florida Statutes, is

27  created to read:

28         39.306  Child protective investigations; working

29  agreements with local law enforcement.--The department shall

30  enter into agreements with the jurisdictionally responsible

31  county sheriffs' offices and local police departments that

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  1  will assume the lead in conducting any potential criminal

  2  investigations arising from allegations of child abuse,

  3  abandonment, or neglect. The written agreement must specify

  4  how the requirements of this chapter will be met. For the

  5  purposes of such agreement, the jurisdictionally responsible

  6  law enforcement entity is authorized to share Florida criminal

  7  history information that is not otherwise exempt from s.

  8  119.07(1) with the district personnel, authorized agent, or

  9  contract provider directly responsible for the child

10  protective investigation and emergency child placement. The

11  agencies entering into such agreement must comply with s.

12  943.0525. Criminal justice information provided by such law

13  enforcement entity shall be used only for the purposes

14  specified in the agreement and shall be provided at no charge.

15         Section 26.  Section 415.50171, Florida Statutes, is

16  renumbered as section 39.307, Florida Statutes, and subsection

17  (1), paragraph (a) of subsection (2), and subsection (6) of

18  said section are amended to read:

19         39.307 415.50171  Family services response system;

20  Reports of child-on-child sexual abuse.--

21         (1)  Subject to specific appropriation, upon receiving

22  a report naming a child as an alleged juvenile sexual offender

23  or abuser alleging juvenile sexual abuse as defined in s.

24  415.50165(7), district staff shall, unless caregiver abuse,

25  abandonment, or neglect is involved, conduct a protective

26  services investigation use a family services response system

27  approach to address the allegations of the report.

28         (2)  District staff, at a minimum, shall adhere to the

29  following procedures:

30

31

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  1         (a)  The purpose of the response to a report alleging

  2  juvenile sexual abuse behavior shall be explained to the

  3  caregiver.

  4         1.  The purpose of the response shall be explained in a

  5  manner consistent with legislative purpose and intent provided

  6  in this chapter part.

  7         2.  The name and office telephone number of the person

  8  responding shall be provided to the caregiver of the alleged

  9  juvenile sexual offender and victim's caregiver.

10         3.  The possible consequences of the department's

11  response, including outcomes and services, shall be explained

12  to the caregiver of the alleged juvenile sexual offender and

13  the victim's family or caregiver.

14         (6)  At any time, as a result of additional

15  information, findings of facts, or changing conditions, the

16  department may pursue a child protective investigation as

17  provided in this chapter part IV.

18         Section 27.  Part IV of chapter 39, Florida Statutes,

19  consisting of sections 39.311, 39.312, 39.313, 39.314, 39.315,

20  39.316, 39.317, and 39.318, Florida Statutes, shall be

21  entitled to read:

22                             PART IV

23                     FAMILY BUILDERS PROGRAM

24         Section 28.  Section 415.515, Florida Statutes, is

25  renumbered as section 39.311, Florida Statutes, and amended to

26  read:

27         39.311 415.515  Establishment of Family Builders

28  Program.--

29         (1)  Any Family Builders Program that is established by

30  the department of Children and Family Services or the

31  Department of Juvenile Justice shall provide family

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  1  preservation services to families whose children are at risk

  2  of imminent out-of-home placement because they are dependent

  3  or delinquent or are children in need of services, to reunite

  4  families whose children have been removed and placed in foster

  5  care, and to maintain adoptive families intact who are at risk

  6  of fragmentation. The Family Builders Program shall provide

  7  programs to achieve long-term changes within families that

  8  will allow children to remain with their families as an

  9  alternative to the more expensive and potentially

10  psychologically damaging program of out-of-home placement.

11         (2)  The department of Children and Family Services and

12  the Department of Juvenile Justice may adopt rules to

13  implement the Family Builders Program.

14         Section 29.  Section 415.516, Florida Statutes, is

15  renumbered as section 39.312, Florida Statutes, and amended to

16  read:

17         39.312 415.516  Goals.--The goals of any Family

18  Builders Program shall be to:

19         (1)  Ensure child health and safety while working with

20  the family.

21         (2)(1)  Help parents to improve their relationships

22  with their children and to provide better care, nutrition,

23  hygiene, discipline, protection, instruction, and supervision.

24         (3)(2)  Help parents to provide a better household

25  environment for their children by improving household

26  maintenance, budgeting, and purchasing.

27         (4)(3)  Provide part-time child care when parents are

28  unable to do so or need temporary relief.

29         (5)(4)  Perform household maintenance, budgeting, and

30  purchasing when parents are unable to do so on their own or

31  need temporary relief.

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  1         (6)(5)  Assist parents and children to manage and

  2  resolve conflicts.

  3         (7)(6)  Assist parents to meet the special physical,

  4  mental, or emotional needs of their children and help parents

  5  to deal with their own special physical, mental, or emotional

  6  needs that interfere with their ability to care for their

  7  children and to manage their households.

  8         (8)(7)  Help families to discover and gain access to

  9  community resources to which the family or children might be

10  entitled and which would assist the family in meeting its

11  needs and the needs of the children, including the needs for

12  food, clothing, housing, utilities, transportation,

13  appropriate educational opportunities, employment, respite

14  care, and recreational and social activities.

15         (9)(8)  Help families by providing cash or in-kind

16  assistance to meet their needs for food, clothing, housing, or

17  transportation when such needs prevent or threaten to prevent

18  parents from caring for their children, and when such needs

19  are not met by other sources in the community in a timely

20  fashion.

21         (10)(9)  Emphasize parental responsibility and

22  facilitate counseling for children at high risk of delinquent

23  behavior and their parents.

24         (11)(10)  Provide such additional reasonable services

25  for the prevention of maltreatment and unnecessary foster care

26  as may be needed in order to strengthen a family at risk.

27         Section 30.  Section 415.517, Florida Statutes, is

28  renumbered as section 39.313, Florida Statutes, and amended to

29  read:

30         39.313 415.517  Contracting of services.--The

31  department may contract for the delivery of Family Builders

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  1  Program services by professionally qualified persons or local

  2  governments when it determines that it is in the family's best

  3  interest.  The service provider or program operator must

  4  submit to the department monthly activity reports covering any

  5  services rendered.  These activity reports must include

  6  project evaluation in relation to individual families being

  7  served, as well as statistical data concerning families

  8  referred for services who are not served due to the

  9  unavailability of resources.  The costs of program evaluation

10  are an allowable cost consideration in any service contract

11  negotiated in accordance with this section subsection.

12         Section 31.  Section 415.518, Florida Statutes, is

13  renumbered as section 39.314, Florida Statutes, and amended to

14  read:

15         39.314 415.518  Eligibility for Family Builders Program

16  services.--Family Builders Program services must be made

17  available to a family at risk on a voluntary basis, provided

18  the family meets the eligibility requirements as established

19  by rule and there is space available in the program.  All

20  members of the families who accept such services are

21  responsible for cooperating fully with the family preservation

22  plan developed for each family under s. 39.315 this section.

23  Families in which children are at imminent risk of sexual

24  abuse or physical endangerment perpetrated by a member of

25  their immediate household are not eligible to receive family

26  preservation services unless the perpetrator is in, or has

27  agreed to enter, a program for treatment and the safety of the

28  children may be enhanced through participation in the Family

29  Builders Program.

30         Section 32.  Section 415.519, Florida Statutes, is

31  renumbered as section 39.315, Florida Statutes.

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  1         Section 33.  Section 415.520, Florida Statutes, is

  2  renumbered as section 39.316, Florida Statutes, and subsection

  3  (3) of said section is amended to read:

  4         39.316 415.520  Qualifications of Family Builders

  5  Program workers.--

  6         (3)  Caseworkers must successfully complete at least 40

  7  hours of intensive training prior to providing direct services

  8  service under this program.  Paraprofessional aides and

  9  supervisors must, within 90 days after hiring, complete a

10  training program prescribed by the department on child abuse,

11  abandonment, and neglect and an overview of the children,

12  youth, and families program components and service delivery

13  system.  Program supervisors and caseworkers must thereafter

14  complete at least 40 hours of additional training each year in

15  accordance with standards established by the department.

16         Section 34.  Section 415.521, Florida Statutes, is

17  renumbered as section 39.317, Florida Statutes.

18         Section 35.  Section 415.522, Florida Statutes, is

19  renumbered as section 39.318, Florida Statutes, and amended to

20  read:

21         39.318 415.522  Funding.--The department is authorized

22  to use appropriate state, federal, and private funds within

23  its budget for operating the Family Builders Program.  For

24  each child served, the cost of providing home-based services

25  described in this part act must not exceed the costs of

26  out-of-home care which otherwise would be incurred.

27         Section 36.  Part V of chapter 39, Florida Statutes,

28  consisting of sections 39.395, 39.401, 39.402, 39.407, and

29  39.4075, Florida Statutes, shall be entitled to read:

30                              PART V

31                   TAKING CHILDREN INTO CUSTODY

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  1                       AND SHELTER HEARINGS

  2         Section 37.  Section 39.395, Florida Statutes, is

  3  created to read:

  4         39.395  Taking a child into protective custody; medical

  5  or hospital personnel.--Any person in charge of a hospital or

  6  similar institution or any physician or licensed health care

  7  professional treating a child may keep that child in his or

  8  her custody without the consent of the parents, caregiver, or

  9  legal custodian, whether or not additional medical treatment

10  is required, if the circumstances are such, or if the

11  condition of the child is such, that continuing the child in

12  the child's place of residence or in the care or custody of

13  the parents, caregiver, or legal custodian presents an

14  imminent danger to the child's life or physical or mental

15  health. Any such person taking a child into protective custody

16  shall immediately notify the department, whereupon the

17  department shall immediately begin a child protective

18  investigation in accordance with the provisions of this

19  chapter and shall make every reasonable effort to immediately

20  notify the parents, caregiver, or legal custodian that such

21  child has been taken into protective custody. If the

22  department determines, according to the criteria set forth in

23  this chapter, that the child should remain in protective

24  custody longer than 24 hours, it shall petition the court for

25  an order authorizing such custody in the same manner as if the

26  child were placed in a shelter. The department shall attempt

27  to avoid the placement of a child in an institution whenever

28  possible.

29         Section 38.  Section 39.401, Florida Statutes, as

30  amended by chapter 97-276, Laws of Florida, is amended to

31  read:

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  1         39.401  Taking a child alleged to be dependent into

  2  custody; law enforcement officers and authorized agents of the

  3  department.--

  4         (1)  A child may only be taken into custody:

  5         (a)  Pursuant to an order of the circuit court issued

  6  pursuant to the provisions of this part, based upon sworn

  7  testimony, either before or after a petition is filed; or.

  8         (b)  By a law enforcement officer, or an authorized

  9  agent of the department, if the officer or authorized agent

10  has probable cause to support a finding of reasonable grounds

11  for removal and that removal is necessary to protect the

12  child. Reasonable grounds for removal are as follows:

13         1.  That the child has been abused, neglected, or

14  abandoned, or is suffering from or is in imminent danger of

15  illness or injury as a result of abuse, neglect, or

16  abandonment;

17         2.  That the parent, legal custodian, caregiver, or

18  responsible adult relative custodian of the child has

19  materially violated a condition of placement imposed by the

20  court; or

21         3.  That the child has no parent, legal custodian,

22  caregiver, or responsible adult relative immediately known and

23  available to provide supervision and care.

24         (2)  If the law enforcement officer takes person taking

25  the child into custody is not an authorized agent of the

26  department, that officer person shall:

27         (a)  Release the child to:

28         1.  The parent, caregiver, or guardian, legal custodian

29  of the child;,

30         2.  A responsible adult approved by the court when

31  limited to temporary emergency situations;,

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  1         3.  A responsible adult relative who shall be given

  2  priority consideration over a nonrelative placement when this

  3  is in the best interests of the child;, or

  4         4.  A responsible adult approved by the department;

  5  within 3 days following such release, the person taking the

  6  child into custody shall make a full written report to the

  7  department for cases involving allegations of abandonment,

  8  abuse, or neglect or other dependency cases; or

  9         (b)  Deliver the child to an authorized agent of the

10  department, stating the facts by reason of which the child was

11  taken into custody and sufficient information to establish

12  probable cause that the child is abandoned, abused, or

13  neglected, or otherwise dependent and make a full written

14  report to the department within 3 days.

15

16  For cases involving allegations of abandonment, abuse, or

17  neglect, or other dependency cases, within 3 days after such

18  release or within 3 days after delivering the child to an

19  authorized agent of the department, the law enforcement

20  officer who took the child into custody shall make a full

21  written report to the department.

22         (3)  If the child is taken into custody by, or is

23  delivered to, an authorized agent of the department, the

24  authorized agent shall review the facts supporting the removal

25  with an attorney representing the department legal staff prior

26  to the emergency shelter hearing.  The purpose of this review

27  shall be to determine whether probable cause exists for the

28  filing of a an emergency shelter petition pursuant to s.

29  39.402(1). If the facts are not sufficient to support the

30  filing of a shelter petition, the child shall immediately be

31  returned to the custody of the parent, caregiver, or legal

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  1  custodian.  If the facts are sufficient to support the filing

  2  of the shelter petition, and the child has not been returned

  3  to the custody of the parent, caregiver, or legal custodian,

  4  the department shall file the shelter petition and schedule a

  5  shelter hearing pursuant to s. 39.402(1), such hearing to be

  6  held within 24 hours after the removal of the child. While

  7  awaiting the emergency shelter hearing, the authorized agent

  8  of the department may place the child in licensed shelter care

  9  or may release the child to a parent, guardian, legal

10  custodian, caregiver, or responsible adult relative who shall

11  be given priority consideration over a licensed nonrelative

12  placement, or responsible adult approved by the department

13  when this is in the best interests of the child. Any placement

14  of a child which is not in a licensed shelter must be preceded

15  by a local and state criminal records check, as well as a

16  search of the department's automated abuse information system,

17  on all members of the household, to assess the child's safety

18  within the home.  In addition, the department may authorize

19  placement of a housekeeper/homemaker in the home of a child

20  alleged to be dependent until the parent or legal custodian

21  assumes care of the child.

22         (4)  When a child is taken into custody pursuant to

23  this section, the department of Children and Family Services

24  shall request that the child's parent, caregiver, or legal

25  custodian disclose the names, relationships, and addresses of

26  all parents and prospective parents and all next of kin of the

27  child, so far as are known.

28         Section 39.  Section 39.402, Florida Statutes, as

29  amended by chapter 97-276, Laws of Florida, is amended to

30  read:

31         39.402  Placement in a shelter.--

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  1         (1)  Unless ordered by the court under this chapter, a

  2  child taken into custody shall not be placed in a shelter

  3  prior to a court hearing unless there are reasonable grounds

  4  for removal and removal is necessary to protect the child.

  5  Reasonable grounds for removal are as follows:

  6         (a)  The child has been abused, neglected, or

  7  abandoned, or is suffering from or is in imminent danger of

  8  illness or injury as a result of abuse, neglect, or

  9  abandonment;

10         (b)  The custodian of the child has materially violated

11  a condition of placement imposed by the court; or

12         (c)  The child has no parent, legal custodian,

13  caregiver, or responsible adult relative immediately known and

14  available to provide supervision and care.

15         (2)  A child taken into custody may be placed or

16  continued in a shelter only if one or more of the criteria in

17  subsection (1) applies and the court has made a specific

18  finding of fact regarding the necessity for removal of the

19  child from the home and has made a determination that the

20  provision of appropriate and available services will not

21  eliminate the need for placement.

22         (3)  Whenever a child is taken into custody, the

23  department shall immediately notify the parents or legal

24  custodians, shall provide the parents or legal custodians with

25  a statement setting forth a summary of procedures involved in

26  dependency cases, and shall notify them of their right to

27  obtain their own attorney.

28         (4)  If the department determines that placement in a

29  shelter is necessary under subsections (1) and (2), the

30  authorized agent of the department shall authorize placement

31  of the child in a shelter.

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  1         (5)(a)  The parents or legal custodians of the child

  2  shall be given actual notice of the date, time, and location

  3  of the emergency shelter hearing.  If the parents or legal

  4  custodians are outside the jurisdiction of the court, are not

  5  known, or cannot be located or refuse or evade service, they

  6  shall be given such notice as best ensures their actual

  7  knowledge of the date, time, and location of the emergency

  8  shelter hearing.  The person providing or attempting to

  9  provide notice to the parents or legal custodians shall, if

10  the parents or legal custodians are not present at the

11  hearing, advise the court either in person or by sworn

12  affidavit, of the attempts made to provide notice and the

13  results of those attempts.

14         (b)  The parents or legal custodians shall be given

15  written notice that:

16         (b)  At the emergency shelter hearing, the department

17  must establish probable cause that reasonable grounds for

18  removal exist and that the provision of appropriate and

19  available services will not eliminate the need for placement.

20         1.(c)  They will The parents or legal custodians shall

21  be given an opportunity to be heard and to present evidence at

22  the emergency shelter hearing; and.

23         2.  They have the right to be represented by counsel,

24  and, if indigent, the right to be represented by appointed

25  counsel, at the shelter hearing and at each subsequent hearing

26  or proceeding, pursuant to the procedures set forth in s.

27  39.013.

28         (6)(5)(a)  The circuit court, or the county court, if

29  previously designated by the chief judge of the circuit court

30  for such purpose, shall hold the shelter hearing.

31

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  1         (b)  The shelter petition filed with the court must

  2  address each condition required to be determined by the court

  3  in paragraphs (8)(a) and (b) subsection (7).

  4         (7)(6)  A child may not be removed from the home or

  5  continued out of the home pending disposition if, with the

  6  provision of appropriate and available early intervention or

  7  preventive services, including services provided in the home,

  8  the child could safely remain at home.  If the child's safety

  9  and well-being are in danger, the child shall be removed from

10  danger and continue to be removed until the danger has passed.

11  If the child has been removed from the home and the reasons

12  for his or her removal have been remedied, the child may be

13  returned to the home. If the court finds that the prevention

14  or reunification efforts of the department will allow the

15  child to remain safely at home, the court shall allow the

16  child to remain in the home.

17         (8)(7)(a)  A child may not be held in a shelter longer

18  than 24 hours unless an order so directing is entered by the

19  court after a an emergency shelter hearing. In the interval

20  until the shelter hearing is held, the decision to place the

21  child in a shelter or release the child from a shelter lies

22  with the protective investigator. At the emergency shelter

23  hearing, the court shall appoint a guardian ad litem to

24  represent the child unless the court finds that such

25  representation is unnecessary.

26         (b)  The parents or legal custodians of the child shall

27  be given such notice as best ensures their actual knowledge of

28  the time and place of the shelter hearing and shall be given

29  an opportunity to be heard and to present evidence at the

30  emergency shelter hearing. The failure to provide notice to a

31  party or participant does not invalidate an order placing a

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  1  child in a shelter if the court finds that the petitioner has

  2  made a good faith effort to provide such notice. The court

  3  shall require the parents or legal custodians present at the

  4  hearing to provide to the court on the record the names,

  5  addresses, and relationships of all parents, prospective

  6  parents, and next of kin of the child, so far as are known.

  7         (c)  At the shelter hearing, the court shall:

  8         1.  Appoint a guardian ad litem to represent the child,

  9  unless the court finds that such representation is

10  unnecessary;

11         2.  Inform the parents or legal custodians of their

12  right to counsel to represent them at the shelter hearing and

13  at each subsequent hearing or proceeding, and the right of the

14  parents to appointed counsel, pursuant to the procedures set

15  forth in s. 39.013; and

16         3.  Give the parents or legal custodians an opportunity

17  to be heard and to present evidence.

18         (d)  At the shelter hearing, the department must

19  establish probable cause that reasonable grounds for removal

20  exist and that the provision of appropriate and available

21  services will not eliminate the need for placement.

22         (e)  At the shelter hearing, each party shall provide

23  to the court a permanent mailing address. The court shall

24  advise each party that this address will be used by the court

25  and the petitioner for notice purposes unless and until the

26  party notifies the court and the petitioner in writing of a

27  new mailing address.

28         (f)(b)  The order for placement of a child in shelter

29  care must identify the parties present at the hearing and must

30  contain written findings:

31

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  1         1.  That placement in shelter care is necessary based

  2  on the criteria in subsections (1) and (2).

  3         2.  That placement in shelter care is in the best

  4  interest of the child.

  5         3.  That continuation of the child in the home is

  6  contrary to the welfare of the child because the home

  7  situation presents a substantial and immediate danger to the

  8  child's physical, mental, or emotional health or safety child

  9  which cannot be mitigated by the provision of preventive

10  services.

11         4.  That based upon the allegations of the petition for

12  placement in shelter care, there is probable cause to believe

13  that the child is dependent.

14         5.  That the department has made reasonable efforts to

15  prevent or eliminate the need for removal of the child from

16  the home.  A finding of reasonable effort by the department to

17  prevent or eliminate the need for removal may be made and the

18  department is deemed to have made reasonable efforts to

19  prevent or eliminate the need for removal if:

20         a.  The first contact of the department with the family

21  occurs during an emergency.

22         b.  The appraisal of the home situation by the

23  department indicates that the home situation presents a

24  substantial and immediate danger to the child's physical,

25  mental, or emotional health or safety child which cannot be

26  mitigated by the provision of preventive services.

27         c.  The child cannot safely remain at home, either

28  because there are no preventive services that can ensure the

29  health and safety of the child or because, even with

30  appropriate and available services being provided, the health

31  and safety of the child cannot be ensured.

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  1         6.  That the court notified the parents or legal

  2  custodians of the subsequent dependency proceedings, including

  3  scheduled hearings, and of the importance of the active

  4  participation of the parents or legal custodians in those

  5  subsequent proceedings and hearings.

  6         7.  That the court notified the parents or legal

  7  custodians of their right to counsel to represent them at the

  8  shelter hearing and at each subsequent hearing or proceeding,

  9  and the right of the parents to appointed counsel, pursuant to

10  the procedures set forth in s. 39.013.

11         (c)  The failure to provide notice to a party or

12  participant does not invalidate an order placing a child in a

13  shelter if the court finds that the petitioner has made a good

14  faith effort to provide such notice.

15         (d)  In the interval until the shelter hearing is held

16  under paragraph (a), the decision to place the child in a

17  shelter or release the child from a shelter lies with the

18  protective investigator in accordance with subsection (3).

19         (9)  At any shelter hearing, the court shall determine

20  visitation rights absent a clear and convincing showing that

21  visitation is not in the best interest of the child.

22         (10)  The shelter hearing order shall contain a written

23  determination as to whether the department has made a

24  reasonable effort to prevent or eliminate the need for removal

25  or continued removal of the child from the home. If the

26  department has not made such an effort, the court shall order

27  the department to provide appropriate and available services

28  to ensure the protection of the child in the home when such

29  services are necessary for the child's health and safety.

30         (8)  A child may not be held in a shelter under an

31  order so directing for more than 21 days unless an order of

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  1  adjudication for the case has been entered by the court. The

  2  parent, guardian, or custodian of the child must be notified

  3  of any order directing placement of the child in an emergency

  4  shelter and, upon request, must be afforded a hearing within

  5  48 hours, excluding Sundays and legal holidays, to review the

  6  necessity for continued placement in the shelter for any time

  7  periods as provided in this section.  At any arraignment

  8  hearing or determination of emergency shelter care, the court

  9  shall determine visitation rights absent a clear and

10  convincing showing that visitation is not in the best interest

11  of the child, and the court shall make a written determination

12  as to whether the department has made a reasonable effort to

13  prevent or eliminate the need for removal or continued removal

14  of the child from the home.  If the department has not made

15  such an effort, the court shall order the department to

16  provide appropriate and available services to assure the

17  protection of the child in the home when such services are

18  necessary for the child's safety.  Within 7 days after the

19  child is taken into custody, a petition alleging dependency

20  must be filed and, within 14 days after the child is taken

21  into custody, an arraignment hearing must be held for the

22  child's parent, guardian, or custodian to admit, deny, or

23  consent to the findings of dependency alleged in the petition.

24         (11)(12)  If a When any child is placed in a shelter

25  pursuant to under a court order following a shelter hearing,

26  the court shall prepare a shelter hearing order requiring the

27  parents of the child, or the guardian of the child's estate,

28  if possessed of assets which under law may be disbursed for

29  the care, support, and maintenance of the child, to pay, to

30  the department or institution having custody of the child,

31  fees as established by the department.  When the order affects

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  1  the guardianship estate, a certified copy of the order shall

  2  be delivered to the judge having jurisdiction of the

  3  guardianship estate.

  4         (12)  In the event the shelter hearing is conducted by

  5  a judge other than the juvenile court judge, the juvenile

  6  court judge shall hold a shelter review on the status of the

  7  child within 2 working days after the shelter hearing.

  8         (13)(9)  A child may not be held in a shelter under an

  9  order so directing for more than 60 days without an

10  adjudication of dependency. A child may not be held in a

11  shelter for more than 30 days after the entry of an order of

12  adjudication unless an order of disposition under s. 39.41 has

13  been entered by the court.

14         (14)(10)  The time limitations in this section

15  subsection (8) do not include:

16         (a)  Periods of delay resulting from a continuance

17  granted at the request or with the consent of the child's

18  counsel or the child's guardian ad litem, if one has been

19  appointed by the court, or, if the child is of sufficient

20  capacity to express reasonable consent, at the request or with

21  the consent of the child's attorney or the child's guardian ad

22  litem, if one has been appointed by the court, and the child.

23         (b)  Periods of delay resulting from a continuance

24  granted at the request of the attorney for the department, if

25  the continuance is granted:

26         1.  Because of an unavailability of evidence material

27  to the case when the attorney for the department has exercised

28  due diligence to obtain such evidence and there are

29  substantial grounds to believe that such evidence will be

30  available within 30 days.  However, if the department is not

31  prepared to present its case within 30 days, the parent or

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  1  legal custodian guardian may move for issuance of an order to

  2  show cause or the court on its own motion may impose

  3  appropriate sanctions, which may include dismissal of the

  4  petition.

  5         2.  To allow the attorney for the department additional

  6  time to prepare the case and additional time is justified

  7  because of an exceptional circumstance.

  8         (c)  Reasonable periods of delay necessary to

  9  accomplish notice of the hearing to the child's parents or

10  legal custodians; however, the petitioner shall continue

11  regular efforts to provide notice to the parents or legal

12  custodians during such periods of delay.

13         (d)  Reasonable periods of delay resulting from a

14  continuance granted at the request of the parent or legal

15  custodian of a subject child.

16         (15)  At the conclusion of a shelter hearing, the court

17  shall notify all parties in writing of the next scheduled

18  hearing to review the shelter placement, with the presumption

19  that a petition alleging dependency will be filed. Such

20  hearing shall be held no later than 30 days after placement of

21  the child in shelter status, in conjunction with the

22  arraignment hearing.

23         (11)  The court shall review the necessity for a

24  child's continued placement in a shelter in the same manner as

25  the initial placement decision was made and shall make a

26  determination regarding the continued placement:

27         (a)  Within 24 hours after any violation of the time

28  requirements for the filing of a petition or the holding of an

29  arraignment hearing as prescribed in subsection (8); or

30         (b)  Prior to the court's granting any delay as

31  specified in subsection (10).

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  1         Section 40.  Section 39.407, Florida Statutes, is

  2  amended to read:

  3         39.407  Medical, psychiatric, and psychological

  4  examination and treatment of child; physical or mental

  5  examination of parent, guardian, or person requesting custody

  6  of child.--

  7         (1)  When any child is taken into custody and is to be

  8  detained in shelter care, the department is authorized to have

  9  a medical screening performed on the child without

10  authorization from the court and without consent from a parent

11  or legal custodian guardian.  Such medical screening shall be

12  performed by a licensed health care professional and shall be

13  to examine the child for injury, illness, and communicable

14  diseases and to determine the need for immunization.  The

15  department shall by rule establish the invasiveness of the

16  medical procedures authorized to be performed under this

17  subsection.  In no case does this subsection authorize the

18  department to consent to medical treatment for such children.

19         (2)  When the department has performed the medical

20  screening authorized by subsection (1), or when it is

21  otherwise determined by a licensed health care professional

22  that a child who is in the custody of the department, but who

23  has not been committed to the department pursuant to s. 39.41,

24  is in need of medical treatment, including the need for

25  immunization, consent for medical treatment shall be obtained

26  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

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  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, including

  5  immunization, for the child. The authority of the department

  6  to consent to medical treatment in this circumstance shall be

  7  limited to the time reasonably necessary to obtain court

  8  authorization.

  9         (c)  If a parent or legal custodian guardian of the

10  child is available but refuses to consent to the necessary

11  treatment, including immunization, a court order shall be

12  required unless the situation meets the definition of an

13  emergency in s. 743.064 or the treatment needed is related to

14  suspected abuse, abandonment, or neglect of the child by a

15  parent, caregiver, or legal custodian or guardian.  In such

16  case, the department shall have the authority to consent to

17  necessary medical treatment.  This authority is limited to the

18  time reasonably necessary to obtain court authorization.

19

20  In no case shall the department consent to sterilization,

21  abortion, or termination of life support.

22         (3)  A judge may order a child in the physical custody

23  of the department to be examined by a licensed health care

24  professional.  The judge may also order such child to be

25  evaluated by a psychiatrist or a psychologist, by a district

26  school board educational needs assessment team, or, if a

27  developmental disability is suspected or alleged, by the

28  developmental disability diagnostic and evaluation team of the

29  department.  If it is necessary to place a child in a

30  residential facility for such evaluation, then the criteria

31  and procedure established in s. 394.463(2) or chapter 393

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  1  shall be used, whichever is applicable. The educational needs

  2  assessment provided by the district school board educational

  3  needs assessment team shall include, but not be limited to,

  4  reports of intelligence and achievement tests, screening for

  5  learning disabilities and other handicaps, and screening for

  6  the need for alternative education as defined in s. 230.23

  7  230.2315(2).

  8         (4)  A judge may order a child in the physical custody

  9  of the department to be treated by a licensed health care

10  professional based on evidence that the child should receive

11  treatment.  The judge may also order such child to receive

12  mental health or retardation services from a psychiatrist,

13  psychologist, or other appropriate service provider.  If it is

14  necessary to place the child in a residential facility for

15  such services, then the procedures and criteria established in

16  s. 394.467 or chapter 393 shall be used, whichever is

17  applicable. A child may be provided mental health or

18  retardation services in emergency situations, pursuant to the

19  procedures and criteria contained in s. 394.463(1) or chapter

20  393, whichever is applicable.

21         (5)  When a child is in the physical custody of the

22  department, a licensed health care professional shall be

23  immediately called if there are indications of physical injury

24  or illness, or the child shall be taken to the nearest

25  available hospital for emergency care.

26         (6)  Except as otherwise provided herein, nothing in

27  this section shall be deemed to eliminate the right of a

28  parent, legal custodian guardian, or the child to consent to

29  examination or treatment for the child.

30

31

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  1         (7)  Except as otherwise provided herein, nothing in

  2  this section shall be deemed to alter the provisions of s.

  3  743.064.

  4         (8)  A court shall not be precluded from ordering

  5  services or treatment to be provided to the child by a duly

  6  accredited practitioner who relies solely on spiritual means

  7  for healing in accordance with the tenets and practices of a

  8  church or religious organization, when required by the child's

  9  health and when requested by the child.

10         (9)  Nothing in this section shall be construed to

11  authorize the permanent sterilization of the child unless such

12  sterilization is the result of or incidental to medically

13  necessary treatment to protect or preserve the life of the

14  child.

15         (10)  For the purpose of obtaining an evaluation or

16  examination, or receiving treatment as authorized pursuant to

17  this section subsection, no child alleged to be or found to be

18  dependent shall be placed in a detention home or other program

19  used primarily for the care and custody of children alleged or

20  found to have committed delinquent acts.

21         (11)  The parents or legal custodian guardian of a

22  child in the physical custody of the department remain

23  financially responsible for the cost of medical treatment

24  provided to the child even if either one or both of the

25  parents or if the legal custodian guardian did not consent to

26  the medical treatment.  After a hearing, the court may order

27  the parents or legal custodian guardian, if found able to do

28  so, to reimburse the department or other provider of medical

29  services for treatment provided.

30         (12)  Nothing in this section alters the authority of

31  the department to consent to medical treatment for a dependent

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  1  child when the child has been committed to the department

  2  pursuant to s. 39.41, and the department has become the legal

  3  custodian of the child.

  4         (13)  At any time after the filing of a shelter

  5  petition or petition for dependency, when the mental or

  6  physical condition, including the blood group, of a parent,

  7  caregiver, legal custodian guardian, or other person

  8  requesting custody of a child is in controversy, the court may

  9  order the person to submit to a physical or mental examination

10  by a qualified professional.  The order may be made only upon

11  good cause shown and pursuant to notice and procedures as set

12  forth by the Florida Rules of Juvenile Procedure.

13         Section 41.  Section 39.4033, Florida Statutes, is

14  renumbered as section 39.4075, Florida Statutes, and amended

15  to read:

16         39.4075 39.4033  Referral of a dependency case to

17  mediation.--

18         (1)  At any stage in a dependency proceeding, the case

19  staffing committee or any party may request the court to refer

20  the parties to mediation in accordance with chapter 44 and

21  rules and procedures developed by the Supreme Court.

22         (2)  A court may refer the parties to mediation. When

23  such services are available, the court must determine whether

24  it is in the best interests of the child to refer the parties

25  to mediation.

26         (3)  The department shall advise the parties parents or

27  legal guardians that they are responsible for contributing to

28  the cost of the dependency family mediation to the extent of

29  their ability to pay.

30         (4)  This section applies only to courts in counties in

31  which dependency mediation programs have been established and

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  1  does not require the establishment of such programs in any

  2  county.

  3         Section 42.  Part VI of chapter 39, Florida Statutes,

  4  consisting of sections 39.501, 39.502, 39.503, 39.504, 39.505,

  5  39.506, 39.507, 39.508, 39.509, and 39.510, Florida Statutes,

  6  shall be entitled to read:

  7                             PART VI

  8               PETITION, ARRAIGNMENT, ADJUDICATION,

  9                         AND DISPOSITION

10         Section 43.  Section 39.404, Florida Statutes, is

11  renumbered as section 39.501, Florida Statutes, and amended to

12  read:

13         39.501 39.404  Petition for dependency.--

14         (1)  All proceedings seeking an adjudication that a

15  child is dependent shall be initiated by the filing of a

16  petition by an attorney for the department, or any other

17  person who has knowledge of the facts alleged or is informed

18  of them and believes that they are true.

19         (2)  The purpose of a petition seeking the adjudication

20  of a child as a dependent child is the protection of the child

21  and not the punishment of the person creating the condition of

22  dependency.

23         (3)(a)  The petition shall be in writing, shall

24  identify and list all parents, if known, and all current

25  caregivers or legal custodians of the child, and shall be

26  signed by the petitioner under oath stating the petitioner's

27  good faith in filing the petition. When the petition is filed

28  by the department, it shall be signed by an attorney for the

29  department.

30

31

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  1         (b)  The form of the petition and its contents shall be

  2  determined by rules of juvenile procedure adopted by the

  3  Supreme Court.

  4         (c)  The petition must specifically set forth the acts

  5  or omissions upon which the petition is based and the identity

  6  of the person or persons alleged to have committed the acts or

  7  omissions, if known. The petition need not contain allegations

  8  of acts or omissions by both parents.

  9         (d)  The petitioner must state in the petition, if

10  known, whether:

11         1.  A parent, legal custodian, or caregiver person

12  responsible for the child's welfare named in the petition has

13  previously unsuccessfully participated in voluntary services

14  offered by the department;

15         2.  A parent or, legal custodian, or person responsible

16  for the child's welfare named in the petition has participated

17  in mediation and whether a mediation agreement exists;

18         3.  A parent or, legal custodian, or person responsible

19  for the child's welfare has rejected the voluntary services

20  offered by the department; or

21         4.  The department has determined that voluntary

22  services are not appropriate for this family and the reasons

23  for such determination.

24         (4)  When a child has been placed in shelter status by

25  order of the court the child has been taken into custody, a

26  petition alleging dependency must be filed within 7 days upon

27  demand of a party, but no later than 21 days after the shelter

28  hearing after the date the child is taken into custody. In all

29  other cases, the petition must be filed within a reasonable

30  time after the date the child was referred to protective

31  investigation under s. 39.403.

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  1         (5)  A petition for termination of parental rights

  2  under s. 39.464 may be filed at any time.

  3         Section 44.  Section 39.405, Florida Statutes, as

  4  amended by chapter 97-276, Laws of Florida, is renumbered as

  5  section 39.502, Florida Statutes, and amended to read:

  6         39.502 39.405  Notice, process, and service.--

  7         (1)  Unless parental rights have been terminated, all

  8  parents and legal custodians must be notified of all

  9  proceedings or hearings involving the child. Notice in cases

10  involving shelter hearings and hearings resulting from medical

11  emergencies must be that most likely to result in actual

12  notice to the parents and legal custodians. In all other

13  dependency proceedings, notice must be provided in accordance

14  with subsections (4) through (9).

15         (2)  Personal appearance of any person in a hearing

16  before the court obviates the necessity of serving process on

17  that person.

18         (3)  Upon the filing of a petition containing

19  allegations of facts which, if true, would establish that the

20  child is a dependent child, and upon the request of the

21  petitioner, the clerk or deputy clerk shall issue a summons.

22         (4)  The summons shall require the person on whom it is

23  served to appear for a hearing at a time and place specified,

24  not less than 24 hours after service of the summons.  A copy

25  of the petition shall be attached to the summons.

26         (5)  The summons shall be directed to, and shall be

27  served upon, all parties other than the petitioner.

28         (6)  It is the duty of the petitioner or moving party

29  to notify all participants and parties known to the petitioner

30  or moving party of all hearings subsequent to the initial

31  hearing unless notice is contained in prior court orders and

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  1  these orders were provided to the participant or party. Proof

  2  of notice or provision of orders may be provided by certified

  3  mail with a signed return receipt.

  4         (7)  Service of the summons and service of pleadings,

  5  papers, and notices subsequent to the summons on persons

  6  outside this state must be made pursuant to s. 61.1312.

  7         (8)  It is not necessary to the validity of a

  8  proceeding covered by this part that the parents, caregivers,

  9  or legal custodians be present if their identity or residence

10  is unknown after a diligent search has been made, but in this

11  event the petitioner shall file an affidavit of diligent

12  search prepared by the person who made the search and inquiry,

13  and the court may appoint a guardian ad litem for the child.

14         (9)  When an affidavit of diligent search has been

15  filed under subsection (8), the petitioner shall continue to

16  search for and attempt to serve the person sought until

17  excused from further search by the court. The petitioner shall

18  report on the results of the search at each court hearing

19  until the person is identified or located or further search is

20  excused by the court.

21         (10)(9)  Service by publication shall not be required

22  for dependency hearings and the failure to serve a party or

23  give notice to a participant shall not affect the validity of

24  an order of adjudication or disposition if the court finds

25  that the petitioner has completed a diligent search for that

26  party or participant.

27         (11)(10)  Upon the application of a party or the

28  petitioner, the clerk or deputy clerk shall issue, and the

29  court on its own motion may issue, subpoenas requiring

30  attendance and testimony of witnesses and production of

31  records, documents, and other tangible objects at any hearing.

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  1         (12)(11)  All process and orders issued by the court

  2  shall be served or executed as other process and orders of the

  3  circuit court and, in addition, may be served or executed by

  4  authorized agents of the department or the guardian ad litem.

  5         (13)(12)  Subpoenas may be served within the state by

  6  any person over 18 years of age who is not a party to the

  7  proceeding and, in addition, may be served by authorized

  8  agents of the department.

  9         (14)(13)  No fee shall be paid for service of any

10  process or other papers by an agent of the department or the

11  guardian ad litem. If any process, orders, or any other papers

12  are served or executed by any sheriff, the sheriff's fees

13  shall be paid by the county.

14         (14)  Failure of a person served with notice to respond

15  or appear at the arraignment hearing constitutes the person's

16  consent to a dependency adjudication. The document containing

17  the notice to respond or appear must contain, in type at least

18  as large as the balance of the document, the following or

19  substantially similar language:  "FAILURE TO RESPOND TO THIS

20  NOTICE OR TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE

21  ADJUDICATION OF THIS CHILD (OR THESE CHILDREN) AS DEPENDENT

22  CHILDREN AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS

23  CHILD."

24         (15)  A party who is identified as a person with mental

25  illness or with a developmental disability developmentally

26  disabled person must be informed by the court of the

27  availability of advocacy services through the department, the

28  Association for Retarded Citizens, or other appropriate mental

29  health or developmental disability advocacy groups and

30  encouraged to seek such services.

31

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  1         (16)  If the party to whom an order is directed is

  2  present or represented at the final hearing, service of the

  3  order is not required.

  4         (17)  The parent or legal custodian of the child, the

  5  attorney for the department, the guardian ad litem, and all

  6  other parties and participants shall be given reasonable

  7  notice of all hearings provided for under this part.

  8         (18)  In all proceedings under this chapter, the court

  9  shall provide to the parent or legal custodian of the child,

10  at the conclusion of any hearing, a written notice containing

11  the date of the next scheduled hearing. The court shall also

12  include the date of the next hearing in any order issued by

13  the court.

14         Section 45.  Section 39.4051, Florida Statutes, as

15  amended by chapter 97-276, Laws of Florida, is renumbered as

16  section 39.503, Florida Statutes, and amended to read:

17         39.503 39.4051  Identity or location of parent or legal

18  custodian unknown; special procedures.--

19         (1)  If the identity or location of a parent or legal

20  custodian is unknown and a petition for dependency or shelter

21  is filed, the court shall conduct the following inquiry of the

22  parent or legal custodian who is available, or, if no parent

23  or legal custodian is available, of any relative or custodian

24  of the child who is present at the hearing and likely to have

25  the information:

26         (a)  Whether the mother of the child was married at the

27  probable time of conception of the child or at the time of

28  birth of the child.

29         (b)  Whether the mother was cohabiting with a male at

30  the probable time of conception of the child.

31

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  1         (c)  Whether the mother has received payments or

  2  promises of support with respect to the child or because of

  3  her pregnancy from a man who claims to be the father.

  4         (d)  Whether the mother has named any man as the father

  5  on the birth certificate of the child or in connection with

  6  applying for or receiving public assistance.

  7         (e)  Whether any man has acknowledged or claimed

  8  paternity of the child in a jurisdiction in which the mother

  9  resided at the time of or since conception of the child, or in

10  which the child has resided or resides.

11         (2)  The information required in subsection (1) may be

12  supplied to the court or the department in the form of a sworn

13  affidavit by a person having personal knowledge of the facts.

14         (3)  If the inquiry under subsection (1) identifies any

15  person as a parent or prospective parent, the court shall

16  require notice of the hearing to be provided to that person.

17         (4)  If the inquiry under subsection (1) fails to

18  identify any person as a parent or prospective parent, the

19  court shall so find and may proceed without further notice.

20         (5)  If the inquiry under subsection (1) identifies a

21  parent or prospective parent, and that person's location is

22  unknown, the court shall direct the department to shall

23  conduct a diligent search for that person before the

24  scheduling of a disposition hearing regarding the dependency

25  of the child unless the court finds that the best interest of

26  the child requires proceeding without notice to the person

27  whose location is unknown.

28         (6)  The diligent search required by subsection (5)

29  must include, at a minimum, inquiries of all relatives of the

30  parent or prospective parent made known to the petitioner,

31  inquiries of all offices of program areas of the department

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  1  likely to have information about the parent or prospective

  2  parent, inquiries of other state and federal agencies likely

  3  to have information about the parent or prospective parent,

  4  inquiries of appropriate utility and postal providers, and

  5  inquiries of appropriate law enforcement agencies. Pursuant to

  6  s. 453 of the Social Security Act, 42 U.S.C. 653(c)(B)(4), the

  7  department, as the state agency administering Titles IV-B and

  8  IV-E of the act, shall be provided access to the federal and

  9  state parent locator service for diligent search activities.

10         (7)  Any agency contacted by a petitioner with a

11  request for information pursuant to subsection (6) shall

12  release the requested information to the petitioner without

13  the necessity of a subpoena or court order.

14         (8)  If the inquiry and diligent search identifies a

15  prospective parent, that person must be given the opportunity

16  to become a party to the proceedings by completing a sworn

17  affidavit of parenthood and filing it with the court or the

18  department. A prospective parent who files a sworn affidavit

19  of parenthood while the child is a dependent child but no

20  later than at the time of or prior to the adjudicatory hearing

21  in any termination of parental rights proceeding for the child

22  shall be considered a parent for all purposes under this

23  section unless the other parent contests the determination of

24  parenthood. If the known parent contests the recognition of

25  the prospective parent as a parent, the prospective parent

26  shall not be recognized as a parent until proceedings under

27  chapter 742 have been concluded. However, the prospective

28  parent shall continue to receive notice of hearings as a

29  participant pending results of the chapter 742 proceedings.

30

31

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  1         Section 46.  Section 39.4055, Florida Statutes, is

  2  renumbered as section 39.504, Florida Statutes, and

  3  subsections (2) and (4) of said section are amended to read:

  4         39.504 39.4055  Injunction pending disposition of

  5  petition for detention or dependency; penalty.--

  6         (2)(a)  Notice shall be provided to the parties as set

  7  forth in the Florida Rules of Juvenile Procedure, unless the

  8  child is reported to be in imminent danger, in which case the

  9  court may issue an injunction immediately. A judge may issue

10  an emergency injunction pursuant to this section without

11  notice at times when the court is closed for the transaction

12  of judicial business. When such an immediate injunction is

13  issued, the court shall hold a hearing on the next day of

14  judicial business either to dissolve the injunction or to

15  continue or modify it in accordance with the other provisions

16  of this section.

17         (b)  A judge may issue an emergency injunction pursuant

18  to this section at times when the court is closed for the

19  transaction of judicial business.  The court shall hold a

20  hearing on the next day of judicial business either to

21  dissolve the emergency injunction or to continue or modify it

22  in accordance with the other provisions of this section.

23         (4)  A copy of any injunction issued pursuant to this

24  section shall be delivered to the protected party, or a parent

25  or caregiver or an individual acting in the place of a parent

26  who is not the respondent, and to any law enforcement agency

27  having jurisdiction to enforce such injunction. Upon delivery

28  of the injunction to the appropriate law enforcement agency,

29  the agency shall have the duty and responsibility to enforce

30  the injunction.

31

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  1         Section 47.  Section 39.406, Florida Statutes, is

  2  renumbered as section 39.505, Florida Statutes, and amended to

  3  read:

  4         39.505 39.406  No answer required.--No answer to the

  5  petition or any other pleading need be filed by any child,

  6  parent, or legal custodian, but any matters which might be set

  7  forth in an answer or other pleading may be pleaded orally

  8  before the court or filed in writing as any such person may

  9  choose. Notwithstanding the filing of an answer or any

10  pleading, the respondent child or parent shall, prior to an

11  adjudicatory hearing, be advised by the court of the right to

12  counsel and shall be given an opportunity to deny the

13  allegations in the petition for dependency or to enter a plea

14  to allegations in the petition before the court.

15         Section 48.  Subsection (1) of section 39.408, Florida

16  Statutes, is renumbered as section 39.506, Florida Statutes,

17  and amended to read:

18         39.506 39.408  Arraignment hearings for dependency

19  cases.--

20         (1)  ARRAIGNMENT HEARING.--

21         (a)  When a child has been detained by order of the

22  court, an arraignment hearing must be held, within 7 days

23  after the date of filing of the dependency petition 14 days

24  from the date the child is taken into custody, for the parent,

25  guardian, or legal custodian to admit, deny, or consent to

26  findings of dependency alleged in the petition. If the parent,

27  guardian, or legal custodian admits or consents to the

28  findings in the petition, the court shall proceed as set forth

29  in the Florida Rules of Juvenile Procedure. However, if the

30  parent, guardian, or legal custodian denies any of the

31  allegations of the petition, the court shall hold an

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  1  adjudicatory hearing within 30 days after 7 days from the date

  2  of the arraignment hearing unless a continuance is granted

  3  pursuant to this chapter s. 39.402(11).

  4         (2)(b)  When a child is in the custody of the parent,

  5  guardian, or legal custodian, upon the filing of a petition

  6  the clerk shall set a date for an arraignment hearing within a

  7  reasonable time after the date of the filing. If the parent,

  8  guardian, or legal custodian admits or consents to an

  9  adjudication, the court shall proceed as set forth in the

10  Florida Rules of Juvenile Procedure. However, if the parent,

11  guardian, or legal custodian denies any of the allegations of

12  dependency, the court shall hold an adjudicatory hearing

13  within a reasonable time after the date of the arraignment

14  hearing.

15         (3)  Failure of a person served with notice to respond

16  or appear at the arraignment hearing constitutes the person's

17  consent to a dependency adjudication. The document containing

18  the notice to respond or appear must contain, in type at least

19  as large as the balance of the document, the following or

20  substantially similar language:  "FAILURE TO RESPOND TO THIS

21  NOTICE OR TO PERSONALLY APPEAR AT THE ARRAIGNMENT HEARING

22  CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR

23  CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN) AND MAY

24  ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR

25  CHILDREN)."

26         (4)  At the arraignment hearing, each party shall

27  provide to the court a permanent mailing address. The court

28  shall advise each party that this address will be used by the

29  court and the petitioner for notice purposes unless and until

30  the party notifies the court and the petitioner in writing of

31  a new mailing address.

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  1         (5)(c)  If at the arraignment hearing the parent,

  2  guardian, or legal custodian consents or admits to the

  3  allegations in the petition, the court shall proceed to hold a

  4  dispositional hearing no more than 15 days after the date of

  5  the arraignment hearing unless a continuance is necessary at

  6  the earliest practicable time that will allow for the

  7  completion of a predisposition study.

  8         (6)  At any arraignment hearing, the court shall order

  9  visitation rights absent a clear and convincing showing that

10  visitation is not in the best interest of the child.

11         (7)  The court shall review whether the department has

12  made a reasonable effort to prevent or eliminate the need for

13  removal or continued removal of the child from the home. If

14  the court determines that the department has not made such an

15  effort, the court shall order the department to provide

16  appropriate and available services to assure the protection of

17  the child in the home when such services are necessary for the

18  child's physical, mental, or emotional health and safety.

19         (8)  At the arraignment hearing, and no more than 15

20  days thereafter, the court shall review the necessity for the

21  child's continued placement in the shelter. The court shall

22  also make a written determination regarding the child's

23  continued placement in shelter within 24 hours after any

24  violation of the time requirements for the filing of a

25  petition or prior to the court's granting any continuance as

26  specified in subsection (5).

27         (9)  At the conclusion of the arraignment hearing, all

28  parties shall be notified in writing by the court of the date,

29  time, and location for the next scheduled hearing.

30

31

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  1         Section 49.  Subsection (2) of section 39.408, Florida

  2  Statutes, and section 39.409, Florida Statutes, are renumbered

  3  as section 39.507, Florida Statutes, and amended to read:

  4         39.507 39.408  Adjudicatory hearings; orders of

  5  adjudication Hearings for dependency cases.--

  6         (2)  ADJUDICATORY HEARING.--

  7         (1)(a)  The adjudicatory hearing shall be held as soon

  8  as practicable after the petition for dependency is filed and

  9  in accordance with the Florida Rules of Juvenile Procedure,

10  but no later than 30 days after the arraignment, reasonable

11  delay for the purpose of investigation, discovery, or

12  procuring counsel or witnesses. shall, whenever practicable,

13  be granted. If the child is in custody, the time limitations

14  provided in s. 39.402 and subsection (1) of this section

15  apply.

16         (b)  Adjudicatory hearings shall be conducted by the

17  judge without a jury, applying the rules of evidence in use in

18  civil cases and adjourning the hearings from time to time as

19  necessary. In a hearing on a petition in which it is alleged

20  that the child is dependent, a preponderance of evidence will

21  be required to establish the state of dependency. Any evidence

22  presented in the dependency hearing which was obtained as the

23  result of an anonymous call must be independently

24  corroborated.  In no instance shall allegations made in an

25  anonymous report of abuse, abandonment, or neglect be

26  sufficient to support an adjudication of dependency in the

27  absence of corroborating evidence.

28         (2)(c)  All hearings, except as provided in this

29  section, shall be open to the public, and a person may not be

30  excluded except on special order of the judge, who may close

31  any hearing to the public upon determining that the public

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  1  interest or the welfare of the child is best served by so

  2  doing. However, the parents shall be allowed to obtain

  3  discovery pursuant to the Florida Rules of Juvenile Procedure.

  4  However, nothing in this subsection paragraph shall be

  5  construed to affect the provisions of s. 39.202 415.51(9).

  6  Hearings involving more than one child may be held

  7  simultaneously when the children involved are related to each

  8  other or were involved in the same case. The child and the

  9  parents, caregivers, or legal custodians of the child may be

10  examined separately and apart from each other.

11         (3)  Except as otherwise specifically provided, nothing

12  in this section prohibits the publication of the proceedings

13  in a hearing.

14         39.409  Orders of adjudication.--

15         (4)(1)  If the court finds at the adjudicatory hearing

16  that the child named in a petition is not dependent, it shall

17  enter an order so finding and dismissing the case.

18         (5)(2)  If the court finds that the child named in the

19  petition is dependent, but finds that no action other than

20  supervision in the child's home is required, it may enter an

21  order briefly stating the facts upon which its finding is

22  based, but withholding an order of adjudication and placing

23  the child's home under the supervision of the department.  If

24  the court later finds that the parents, caregivers, or legal

25  custodians of the child have not complied with the conditions

26  of supervision imposed, the court may, after a hearing to

27  establish the noncompliance, but without further evidence of

28  the state of dependency, enter an order of adjudication and

29  shall thereafter have full authority under this chapter to

30  provide for the child as adjudicated.

31

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  1         (6)(3)  If the court finds that the child named in a

  2  petition is dependent, but shall elect not to proceed under

  3  subsection (5) (2), it shall incorporate that finding in an

  4  order of adjudication entered in the case, briefly stating the

  5  facts upon which the finding is made, and the court shall

  6  thereafter have full authority under this chapter to provide

  7  for the child as adjudicated.

  8         (7)  At the conclusion of the adjudicatory hearing, if

  9  the child named in the petition is found dependent, the court

10  shall schedule the disposition hearing within 30 days after

11  the filing of the adjudicatory order. All parties shall be

12  notified in writing by the court of the date, time, and

13  location of the disposition hearing.

14         (8)(4)  An order of adjudication by a court that a

15  child is dependent shall not be deemed a conviction, nor shall

16  the child be deemed to have been found guilty or to be a

17  criminal by reason of that adjudication, nor shall that

18  adjudication operate to impose upon the child any of the civil

19  disabilities ordinarily imposed by or resulting from

20  conviction or disqualify or prejudice the child in any civil

21  service application or appointment.

22         Section 50.  Subsections (3) and (4) of section 39.408,

23  Florida Statutes, and section 39.41, Florida Statutes, as

24  amended by chapter 97-276, Laws of Florida, are renumbered as

25  section 39.508, Florida Statutes, and amended to read:

26         39.508 39.408  Disposition hearings; powers of

27  disposition Hearings for dependency cases.--

28         (1)(3)  DISPOSITION HEARING.--At the disposition

29  hearing, if the court finds that the facts alleged in the

30  petition for dependency were proven in the adjudicatory

31  hearing, or if the parents, caregivers, or legal custodians

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  1  have consented to the finding of dependency or admitted the

  2  allegations in the petition, have failed to appear for the

  3  arraignment hearing after proper notice, or have not been

  4  located despite a diligent search having been conducted, the

  5  court shall receive and consider a case plan and a

  6  predisposition study, which must be in writing and presented

  7  by an authorized agent of the department.

  8         (2)(a)  The predisposition study shall cover for any

  9  dependent child all factors specified in s. 61.13(3), and must

10  also provide the court with the following documented

11  information:

12         (a)1.  An assessment defining the dangers and risks of

13  returning the child home, including a description of the

14  changes in and resolutions to the initial risks.

15         (b)2.  A description of what risks are still present

16  and what resources are available and will be provided for the

17  protection and safety of the child.

18         (c)3.  A description of the benefits of returning the

19  child home.

20         (d)4.  A description of all unresolved issues.

21         (e)5.  An abuse registry history and criminal records

22  check for all caregivers caretakers, family members, and

23  individuals residing within the household.

24         (f)6.  The complete child protection team report and

25  recommendation or, if no report exists, a statement reflecting

26  that no report has been made.

27         (g)7.  All opinions or recommendations from other

28  professionals or agencies that provide evaluative, social,

29  reunification, or other services to the family.

30         (h)8.  The availability of appropriate prevention and

31  reunification services for the family to prevent the removal

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  1  of the child from the home or to reunify the child with the

  2  family after removal, including the availability of family

  3  preservation services through the Family Builders Program, the

  4  Intensive Crisis Counseling Program, or both.

  5         (i)9.  The inappropriateness of other prevention and

  6  reunification services that were available.

  7         (j)10.  The efforts by the department to prevent

  8  out-of-home placement of the child or, when applicable, to

  9  reunify the family if appropriate services were available,

10  including the application of intensive family preservation

11  services through the Family Builders Program, the Intensive

12  Crisis Counseling Program, or both.

13         (k)11.  Whether the services were provided to the

14  family and child.

15         (l)12.  If the services were provided, whether they

16  were sufficient to meet the needs of the child and the family

17  and to enable the child to remain safely at home or to be

18  returned home.

19         (m)13.  If the services were not provided, the reasons

20  for such lack of action.

21         (n)14.  The need for, or appropriateness of, continuing

22  the services if the child remains in the custody of the family

23  or if the child is placed outside the home.

24         (o)15.  Whether family mediation was provided.

25         16.  Whether a multidisciplinary case staffing was

26  conducted and, if so, the results.

27         (p)17.  If the child has been removed from the home and

28  there is a parent, caregiver, or legal custodian who may be

29  considered for custody pursuant to this section s. 39.41(1), a

30  recommendation as to whether placement of the child with that

31

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  1  parent, caregiver, or legal custodian would be detrimental to

  2  the child.

  3         (q)  If the child has been removed from the home and

  4  will be remaining with a relative or caregiver, a home study

  5  report shall be included in the predisposition report.

  6

  7  Any other relevant and material evidence, including other

  8  written or oral reports, may be received by the court in its

  9  effort to determine the action to be taken with regard to the

10  child and may be relied upon to the extent of its probative

11  value, even though not competent in an adjudicatory hearing.

12  Except as otherwise specifically provided, nothing in this

13  section prohibits the publication of proceedings in a hearing.

14         (3)(a)  Prior to recommending to the court any

15  out-of-home placement for a child other than placement in a

16  licensed shelter or foster home, the department shall conduct

17  a study of the home of the proposed caregivers, which must

18  include, at a minimum:

19         1.  An interview with the proposed adult caregivers to

20  assess their ongoing commitment and ability to care for the

21  child.

22         2.  Records checks through the department's automated

23  abuse information system, and local and statewide criminal and

24  juvenile records checks through the Department of Law

25  Enforcement, on all household members 12 years of age or older

26  and any other persons made known to the department who are

27  frequent visitors in the home.

28         3.  An assessment of the physical environment of the

29  home.

30         4.  A determination of the financial security of the

31  proposed caregivers.

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  1         5.  A determination of suitable child care arrangements

  2  if the proposed caregivers are employed outside of the home.

  3         6.  Documentation of counseling and information

  4  provided to the proposed caregivers regarding the dependency

  5  process and possible outcomes.

  6         7.  Documentation that information regarding support

  7  services available in the community has been provided to the

  8  caregivers.

  9         (b)  The department shall not place the child or

10  continue the placement of the child in the home of the

11  proposed caregivers if the results of the home study are

12  unfavorable.

13         (4)(b)  If placement of the child with anyone other

14  than the child's parent, caregiver, or legal custodian is

15  being considered, the predisposition study shall include the

16  designation of a specific length of time as to when custody by

17  the parent, caregiver, or legal custodian will be

18  reconsidered.

19         (c)  A copy of the predisposition study must be

20  furnished to all parties no later than 48 hours before the

21  disposition hearing.

22         (5)(d)  The predisposition study may not be made before

23  the adjudication of dependency unless the parents, caregivers,

24  or legal custodians of the child consent.

25         (6)  A case plan and predisposition study must be filed

26  with the court and served upon the parents, caregivers, or

27  legal custodians of the child, provided to the representative

28  of the guardian ad litem program, if the program has been

29  appointed, and provided to all other parties not less than 48

30  hours before the disposition hearing. All such case plans must

31  be approved by the court. If the court does not approve the

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  1  case plan at the disposition hearing, the court must set a

  2  hearing within 30 days after the disposition hearing to review

  3  and approve the case plan.

  4         (7)  The initial judicial review must be held no later

  5  than 90 days after the date of the disposition hearing or

  6  after the date of the hearing at which the court approves the

  7  case plan, but in no event shall the review be held later than

  8  6 months after the date of the child's removal from the home.

  9

10  Any other relevant and material evidence, including other

11  written or oral reports, may be received by the court in its

12  effort to determine the action to be taken with regard to the

13  child and may be relied upon to the extent of its probative

14  value, even though not competent in an adjudicatory hearing.

15  Except as provided in paragraph (2)(c), nothing in this

16  section prohibits the publication of proceedings in a hearing.

17         (4)  NOTICE OF HEARINGS.--The parent or legal custodian

18  of the child, the attorney for the department, the guardian ad

19  litem, and all other parties and participants shall be given

20  reasonable notice of all hearings provided for under this

21  section.

22         39.41  Powers of disposition.--

23         (8)(1)  When any child is adjudicated by a court to be

24  dependent, and the court finds that removal of the child from

25  the custody of a parent, legal custodian, or caregiver is

26  necessary, the court shall first determine whether there is a

27  parent with whom the child was not residing at the time the

28  events or conditions arose that brought the child within the

29  jurisdiction of the court who desires to assume custody of the

30  child and, if such parent requests custody, the court shall

31  place the child with the parent unless it finds that such

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  1  placement would endanger the safety, and well-being, or

  2  physical, mental, or emotional health of the child. Any party

  3  with knowledge of the facts may present to the court evidence

  4  regarding whether the placement will endanger the safety, and

  5  well-being, or physical, mental, or emotional health of the

  6  child. If the court places the child with such parent, it may

  7  do either of the following:

  8         (a)  Order that the parent become the legal and

  9  physical custodian of the child. The court may also provide

10  for reasonable visitation by the noncustodial parent. The

11  court shall then terminate its jurisdiction over the child.

12  The custody order shall continue unless modified by a

13  subsequent order of the court. The order of the juvenile court

14  shall be filed in any dissolution or other custody action or

15  proceeding between the parents.

16         (b)  Order that the parent assume custody subject to

17  the jurisdiction of the juvenile court. The court may order

18  that reunification services be provided to the parent,

19  caregiver, or legal custodian or guardian from whom the child

20  has been removed, that services be provided solely to the

21  parent who is assuming physical custody in order to allow that

22  parent to retain later custody without court jurisdiction, or

23  that services be provided to both parents, in which case the

24  court shall determine at the review hearing held within 90

25  days after the disposition or the hearing approving the case

26  plan, and at the review hearings held every 6 months

27  thereafter, which parent, if either, shall have custody of the

28  child. The standard for changing custody of the child from one

29  parent to another or to a relative or caregiver must meet the

30  home study criteria and court approval pursuant to this

31  chapter at the review hearings shall be the same standard as

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  1  applies to changing custody of the child in a custody hearing

  2  following a decree of dissolution of marriage.

  3         (9)(2)(a)  When any child is adjudicated by a court to

  4  be dependent, the court having jurisdiction of the child has

  5  the power, by order, to:

  6         1.  Require the parent, caregiver, or legal guardian,

  7  or custodian, and the child when appropriate, to participate

  8  in treatment and services identified as necessary.

  9         2.  Require the parent, caregiver, or legal guardian,

10  or custodian, and the child when appropriate, to participate

11  in mediation if the parent, caregiver, or legal guardian, or

12  custodian refused to participate in mediation under s.

13  39.4033.

14         3.  Place the child under the protective supervision of

15  an authorized agent of the department, either in the child's

16  own home or, the prospective custodian being willing, in the

17  home of a relative of the child or of a caregiver an adult

18  nonrelative approved by the court, or in some other suitable

19  place under such reasonable conditions as the court may

20  direct. Whenever the child is placed under protective

21  supervision pursuant to this section, the department shall

22  prepare a case plan and shall file it with the court.

23  Protective supervision continues until the court terminates it

24  or until the child reaches the age of 18, whichever date is

25  first. Protective supervision shall may be terminated by the

26  court whenever the court determines that permanency has been

27  achieved for the child the child's placement, whether with a

28  parent, another relative, a legal custodian, or a caregiver,

29  or a nonrelative, is stable and that protective supervision is

30  no longer needed.  The termination of supervision may be with

31  or without retaining jurisdiction, at the court's discretion,

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  1  and shall in either case be considered a permanency option for

  2  the child.  The order terminating supervision by the

  3  department of Children and Family Services shall set forth the

  4  powers of the custodian of the child and shall include the

  5  powers ordinarily granted to a guardian of the person of a

  6  minor unless otherwise specified.

  7         4.  Place the child in the temporary legal custody of

  8  an adult relative or caregiver an adult nonrelative approved

  9  by the court who is willing to care for the child.

10         5.a.  When the parents have failed to comply with a

11  case plan and the court determines at a judicial review

12  hearing, or at an adjudication hearing held pursuant to s.

13  39.453, or at a hearing held pursuant to subparagraph (1)(a)7.

14  of this section, that neither reunification, termination of

15  parental rights, nor adoption is in the best interest of the

16  child, the court may place the child in the long-term custody

17  of an adult relative or caregiver adult nonrelative approved

18  by the court willing to care for the child, if the following

19  conditions are met:

20         (I)  A case plan describing the responsibilities of the

21  relative or caregiver nonrelative, the department, and any

22  other party must have been submitted to the court.

23         (II)  The case plan for the child does not include

24  reunification with the parents or adoption by the relative or

25  caregiver.

26         (III)  The child and the relative or caregiver

27  nonrelative custodian are determined not to need protective

28  supervision or preventive services to ensure the stability of

29  the long-term custodial relationship, or the department

30  assures the court that protective supervision or preventive

31

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  1  services will be provided in order to ensure the stability of

  2  the long-term custodial relationship.

  3         (IV)  Each party to the proceeding agrees that a

  4  long-term custodial relationship does not preclude the

  5  possibility of the child returning to the custody of the

  6  parent at a later date.

  7         (V)  The court has considered the reasonable preference

  8  of the child if the court has found the child to be of

  9  sufficient intelligence, understanding, and experience to

10  express a preference.

11         (VI)  The court has considered the recommendation of

12  the guardian ad litem if one has been appointed.

13         b.  The court shall retain jurisdiction over the case,

14  and the child shall remain in the long-term custody of the

15  relative or caregiver nonrelative approved by the court until

16  the order creating the long-term custodial relationship is

17  modified by the court. The court may relieve the department of

18  the responsibility for supervising the placement of the child

19  whenever the court determines that the placement is stable and

20  that such supervision is no longer needed.  Notwithstanding

21  the retention of jurisdiction, the placement shall be

22  considered a permanency option for the child when the court

23  relieves the department of the responsibility for supervising

24  the placement.  The order terminating supervision by the

25  department of Children and Family Services shall set forth the

26  powers of the custodian of the child and shall include the

27  powers ordinarily granted to a guardian of the person of a

28  minor unless otherwise specified.  The court may modify the

29  order terminating supervision of the long-term relative or

30  caregiver nonrelative placement if it finds that a party to

31  the proceeding has shown a material change in circumstances

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  1  which causes the long-term relative or caregiver nonrelative

  2  placement to be no longer in the best interest of the child.

  3         6.a.  Approve placement of the child in long-term

  4  out-of-home foster care, when the following conditions are

  5  met:

  6         (I)  The foster child is 16 years of age or older,

  7  unless the court determines that the history or condition of a

  8  younger child makes long-term out-of-home foster care the most

  9  appropriate placement.

10         (II)  The child demonstrates no desire to be placed in

11  an independent living arrangement pursuant to this subsection.

12         (III)  The department's social services study pursuant

13  to part VIII s. 39.453(6)(a) recommends long-term out-of-home

14  foster care.

15         b.  Long-term out-of-home foster care under the above

16  conditions shall not be considered a permanency option.

17         c.  The court may approve placement of the child in

18  long-term out-of-home foster care, as a permanency option,

19  when all of the following conditions are met:

20         (I)  The child is 14 years of age or older,

21         (II)  The child is living in a licensed home and the

22  foster parents desire to provide care for the child on a

23  permanent basis and the foster parents and the child do not

24  desire adoption,

25         (III)  The foster family has made a commitment to

26  provide for the child until he or she reaches the age of

27  majority and to prepare the child for adulthood and

28  independence, and

29         (IV)  The child has remained in the home for a

30  continuous period of no less than 12 months.

31

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  1         (V)  The foster parents and the child view one another

  2  as family and consider living together as the best place for

  3  the child to be on a permanent basis.

  4         (VI)  The department's social services study recommends

  5  such placement and finds the child's well-being has been

  6  promoted through living with the foster parents.

  7         d.  Notwithstanding the retention of jurisdiction and

  8  supervision by the department, long-term out-of-home foster

  9  care placements made pursuant to sub-subparagraph (2)(a)6.c.

10  of this section shall be considered a permanency option for

11  the child.  For purposes of this subsection, supervision by

12  the department shall be defined as a minimum of semiannual

13  visits.  The order placing the child in long-term out-of-home

14  foster care as a permanency option shall set forth the powers

15  of the custodian of the child and shall include the powers

16  ordinarily granted to a guardian of the person of a minor

17  unless otherwise specified.  The court may modify the

18  permanency option of long-term out-of-home foster care if it

19  finds that a party to the proceeding has shown a material

20  change in circumstances which causes the placement to be no

21  longer in the best interests of the child.

22         e.  Approve placement of the child in an independent

23  living arrangement for any foster child 16 years of age or

24  older, if it can be clearly established that this type of

25  alternate care arrangement is the most appropriate plan and

26  that the health, safety, and well-being of the child will not

27  be jeopardized by such an arrangement. While in independent

28  living situations, children whose legal custody has been

29  awarded to the department or a licensed child-caring or

30  child-placing agency, or who have been voluntarily placed with

31  such an agency by a parent, guardian, relative, or adult

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  1  nonrelative approved by the court, continue to be subject to

  2  court review provisions.

  3         7.  Commit the child to a licensed child-caring agency

  4  willing to receive the child. Continued commitment to the

  5  licensed child-caring agency, as well as all other proceedings

  6  under this section pertaining to the child, are also governed

  7  by part V of this chapter.

  8         7.8.  Commit the child to the temporary legal custody

  9  of the department. Such commitment invests in the department

10  all rights and responsibilities of a legal custodian. The

11  department shall not return any child to the physical care and

12  custody of the person from whom the child was removed, except

13  for short visitation periods, without the approval of the

14  court. The term of such commitment continues until terminated

15  by the court or until the child reaches the age of 18. After

16  the child is committed to the temporary custody of the

17  department, all further proceedings under this section are

18  also governed by part V of this chapter.

19         8.9.a.  Change the temporary legal custody or the

20  conditions of protective supervision at a postdisposition

21  hearing subsequent to the initial detention hearing, without

22  the necessity of another adjudicatory hearing. A child who has

23  been placed in the child's own home under the protective

24  supervision of an authorized agent of the department, in the

25  home of a relative, in the home of a legal custodian or

26  caregiver nonrelative, or in some other place may be brought

27  before the court by the agent of the department who is

28  supervising the placement or by any other interested person,

29  upon the filing of a petition alleging a need for a change in

30  the conditions of protective supervision or the placement. If

31  the parents or other custodians deny the need for a change,

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  1  the court shall hear all parties in person or by counsel, or

  2  both. Upon the admission of a need for a change or after such

  3  hearing, the court shall enter an order changing the

  4  placement, modifying the conditions of protective supervision,

  5  or continuing the conditions of protective supervision as

  6  ordered. The standard for changing custody of the child from

  7  one parent to another or to a relative or caregiver must meet

  8  the home study criteria and court approval pursuant to this

  9  chapter.

10         b.  In cases where the issue before the court is

11  whether a child should be reunited with a parent, the court

12  shall determine whether the parent has substantially complied

13  with the terms of the case plan to the extent that the

14  well-being and safety, well-being, and physical, mental, and

15  emotional health of the child is not endangered by the return

16  of the child to the home.

17         10.  Approve placement of the child in an independent

18  living arrangement for any foster child 16 years of age or

19  older, if it can be clearly established that this type of

20  alternate care arrangement is the most appropriate plan and

21  that the safety and welfare of the child will not be

22  jeopardized by such an arrangement. While in independent

23  living situations, children whose legal custody has been

24  awarded to the department or a licensed child-caring or

25  child-placing agency, or who have been voluntarily placed with

26  such an agency by a parent, guardian, relative, or adult

27  nonrelative approved by the court, continue to be subject to

28  the court review provisions of s. 39.453.

29         (b)  The court shall, in its written order of

30  disposition, include all of the following:

31

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  1         1.  The placement or custody of the child as provided

  2  in paragraph (a).

  3         2.  Special conditions of placement and visitation.

  4         3.  Evaluation, counseling, treatment activities, and

  5  other actions to be taken by the parties, if ordered.

  6         4.  The persons or entities responsible for supervising

  7  or monitoring services to the child and family.

  8         5.  Continuation or discharge of the guardian ad litem,

  9  as appropriate.

10         6.  The date, time, and location of the next scheduled

11  review hearing, which must occur within 90 days after the

12  disposition hearing or within the earlier of:

13         a.  Six months after the date of the last review

14  hearing; or

15         b.  Six months after the date of the child's removal

16  from his or her home, if no review hearing has been held since

17  the child's removal from the home. The period of time or date

18  for any subsequent case review required by law.

19         7.  Other requirements necessary to protect the health,

20  safety, and well-being of the child and to promote family

21  preservation or reunification whenever possible.

22         (c)  If the court finds that the prevention or

23  reunification efforts of the department will allow the child

24  to remain safely at home or be safely returned to the home,

25  the court shall allow the child to remain in or return to the

26  home after making a specific finding of fact that the reasons

27  for removal have been remedied to the extent that the child's

28  safety, and well-being, and physical, mental, and emotional

29  health will not be endangered.

30         (d)(5)(a)  If the court commits the child to the

31  temporary legal custody of the department, the disposition

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  1  order must include a written determination that the child

  2  cannot safely remain at home with reunification or family

  3  preservation services and that removal of the child is

  4  necessary to protect the child. If the child has been removed

  5  before the disposition hearing, the order must also include a

  6  written determination as to whether, after removal, the

  7  department has made a reasonable effort to reunify the family.

  8  The department has the burden of demonstrating that it has

  9  made reasonable efforts under this paragraph subsection.

10         1.(b)  For the purposes of this paragraph subsection,

11  the term "reasonable effort" means the exercise of reasonable

12  diligence and care by the department to provide the services

13  delineated in the case plan.

14         2.(c)  In support of its determination as to whether

15  reasonable efforts have been made, the court shall:

16         a.1.  Enter written findings as to whether or not

17  prevention or reunification efforts were indicated.

18         b.2.  If prevention or reunification efforts were

19  indicated, include a brief written description of what

20  appropriate and available prevention and reunification efforts

21  were made.

22         c.3.  Indicate in writing why further efforts could or

23  could not have prevented or shortened the separation of the

24  family.

25         3.(d)  A court may find that the department has made a

26  reasonable effort to prevent or eliminate the need for removal

27  if:

28         a.1.  The first contact of the department with the

29  family occurs during an emergency.

30         b.2.  The appraisal by the department of the home

31  situation indicates that it presents a substantial and

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  1  immediate danger to the child's safety or physical, mental, or

  2  emotional health child which cannot be mitigated by the

  3  provision of preventive services.

  4         c.3.  The child cannot safely remain at home, either

  5  because there are no preventive services that can ensure the

  6  health and safety of the child or, even with appropriate and

  7  available services being provided, the health and safety of

  8  the child cannot be ensured.

  9         4.(e)  A reasonable effort by the department for

10  reunification of the family has been made if the appraisal of

11  the home situation by the department indicates that the

12  severity of the conditions of dependency is such that

13  reunification efforts are inappropriate. The department has

14  the burden of demonstrating to the court that reunification

15  efforts were inappropriate.

16         5.(f)  If the court finds that the prevention or

17  reunification effort of the department would not have

18  permitted the child to remain safely at home, the court may

19  commit the child to the temporary legal custody of the

20  department or take any other action authorized by this chapter

21  part.

22         (10)(3)(a)  When any child is adjudicated by the court

23  to be dependent and temporary legal custody of the child has

24  been placed with an adult relative, legal custodian, or

25  caregiver or adult nonrelative approved by the court willing

26  to care for the child, a licensed child-caring agency, or the

27  department, the court shall, unless a parent has voluntarily

28  executed a written surrender for purposes of adoption, order

29  the parents, or the guardian of the child's estate if

30  possessed of assets which under law may be disbursed for the

31  care, support, and maintenance of the child, to pay child

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  1  support to the adult relative, legal custodian, or caregiver

  2  or nonrelative caring for the child, the licensed child-caring

  3  agency, or the department. The court may exercise jurisdiction

  4  over all child support matters, shall adjudicate the financial

  5  obligation, including health insurance, of the child's parents

  6  or guardian, and shall enforce the financial obligation as

  7  provided in chapter 61. The state's child support enforcement

  8  agency shall enforce child support orders under this section

  9  in the same manner as child support orders under chapter 61.

10         (b)  Placement of the child pursuant to subsection (8)

11  (1) shall not be contingent upon issuance of a support order.

12         (11)(4)(a)  If the court does not commit the child to

13  the temporary legal custody of an adult relative, legal

14  custodian, or caregiver or adult nonrelative approved by the

15  court, the disposition order shall include the reasons for

16  such a decision and shall include a determination as to

17  whether diligent efforts were made by the department to locate

18  an adult relative, legal custodian, or caregiver willing to

19  care for the child in order to present that placement option

20  to the court instead of placement with the department.

21         (b)  If diligent efforts are a diligent search is made

22  to locate an adult relative willing and able to care for the

23  child but, because no suitable relative is found, the child is

24  placed with the department or a legal custodian or caregiver

25  nonrelative custodian, both the department and the court shall

26  consider transferring temporary legal custody to an a willing

27  adult relative or adult nonrelative approved by the court at a

28  later date, but neither the department nor the court is

29  obligated to so place the child if it is in the child's best

30  interest to remain in the current placement. For the purposes

31  of this paragraph, "diligent efforts to locate an adult

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  1  relative" means a search similar to the diligent search for a

  2  parent, but without the continuing obligation to search after

  3  an initial adequate search is completed.

  4         (12)(6)  An agency granted legal custody shall have the

  5  right to determine where and with whom the child shall live,

  6  but an individual granted legal custody shall exercise all

  7  rights and duties personally unless otherwise ordered by the

  8  court.

  9         (13)(7)  In carrying out the provisions of this

10  chapter, the court may order the natural parents, caregivers,

11  or legal custodians guardian of a child who is found to be

12  dependent to participate in family counseling and other

13  professional counseling activities deemed necessary for the

14  rehabilitation of the child.

15         (14)(8)  With respect to a child who is the subject in

16  proceedings under part V of this chapter, the court shall

17  issue to the department an order to show cause why it should

18  not return the child to the custody of the natural parents,

19  legal custodians, or caregivers upon expiration of the case

20  plan, or sooner if the parents, legal custodians, or

21  caregivers have substantially complied with the case plan.

22         (15)(9)  The court may at any time enter an order

23  ending its jurisdiction over any child, except that, when a

24  child has been returned to the parents under subsection (14)

25  (8), the court shall not terminate its jurisdiction over the

26  child until 6 months after the child's return. Based on a

27  report of the department or agency or the child's guardian ad

28  litem, and any other relevant factors, the court shall then

29  determine whether its jurisdiction should be continued or

30  terminated in such a case; if its jurisdiction is to be

31  terminated, the court shall enter an order to that effect.

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  1         Section 51.  Section 39.4105, Florida Statutes, is

  2  renumbered as section 39.509, Florida Statutes, and amended to

  3  read:

  4         39.509 39.4105  Grandparents rights.--Notwithstanding

  5  any other provision of law, a maternal or paternal grandparent

  6  as well as a stepgrandparent is entitled to reasonable

  7  visitation with his or her grandchild who has been adjudicated

  8  a dependent child and taken from the physical custody of the

  9  his or her parent, custodian, legal guardian, or caregiver

10  unless the court finds that such visitation is not in the best

11  interest of the child or that such visitation would interfere

12  with the goals of the case plan pursuant to s. 39.451.

13  Reasonable visitation may be unsupervised and, where

14  appropriate and feasible, may be frequent and continuing.

15         (1)  Grandparent visitation may take place in the home

16  of the grandparent unless there is a compelling reason for

17  denying such a visitation. The department's caseworker shall

18  arrange the visitation to which a grandparent is entitled

19  pursuant to this section.  The state shall not charge a fee

20  for any costs associated with arranging the visitation.

21  However, the grandparent shall pay for the child's cost of

22  transportation when the visitation is to take place in the

23  grandparent's home.  The caseworker shall document the reasons

24  for any decision to restrict a grandparent's visitation.

25         (2)  A grandparent entitled to visitation pursuant to

26  this section shall not be restricted from appropriate displays

27  of affection to the child, such as appropriately hugging or

28  kissing his or her grandchild.  Gifts, cards, and letters from

29  the grandparent and other family members shall not be denied

30  to a child who has been adjudicated a dependent child.

31

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  1         (3)  Any attempt by a grandparent to facilitate a

  2  meeting between the child who has been adjudicated a dependent

  3  child and the child's parent, custodian, legal guardian, or

  4  caregiver in violation of a court order shall automatically

  5  terminate future visitation rights of the grandparent.

  6         (4)  When the child has been returned to the physical

  7  custody of his or her parent or permanent custodian, legal

  8  guardian, or caregiver, the visitation rights granted pursuant

  9  to this section shall terminate.

10         (5)  The termination of parental rights does not affect

11  the rights of grandparents unless the court finds that such

12  visitation is not in the best interest of the child or that

13  such visitation would interfere with the goals of permanency

14  planning for the child.

15         (6)(5)  In determining whether grandparental visitation

16  is not in the child's best interest, consideration may be

17  given to the finding of guilt, regardless of adjudication, or

18  entry or plea of guilty or nolo contendere to charges under

19  the following statutes, or similar statutes of other

20  jurisdictions:  s. 787.04, relating to removing minors from

21  the state or concealing minors contrary to court order; s.

22  794.011, relating to sexual battery; s. 798.02, relating to

23  lewd and lascivious behavior; chapter 800, relating to

24  lewdness and indecent exposure; or chapter 827, relating to

25  the abuse of children.  Consideration may also be given to a

26  finding of confirmed abuse, abandonment, or neglect under ss.

27  415.101-415.113 or this chapter and ss. 415.502-415.514.

28         Section 52.  Section 39.413, Florida Statutes, is

29  renumbered as section 39.510, Florida Statutes, and subsection

30  (1) of said section is amended to read:

31         39.510 39.413  Appeal.--

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  1         (1)  Any child, any parent, guardian ad litem,

  2  caregiver, or legal custodian of any child, any other party to

  3  the proceeding who is affected by an order of the court, or

  4  the department may appeal to the appropriate district court of

  5  appeal within the time and in the manner prescribed by the

  6  Florida Rules of Appellate Procedure. Appointed counsel shall

  7  be compensated as provided in this chapter s. 39.415.

  8         Section 53.  Part VII of chapter 39, Florida Statutes,

  9  consisting of sections 39.601, 39.602, and 39.603, Florida

10  Statutes, shall be entitled to read:

11                             PART VII

12                            CASE PLANS

13         Section 54.  Sections 39.4031 and 39.451, Florida

14  Statutes, are renumbered as section 39.601, Florida Statutes,

15  and amended to read:

16         39.601 39.4031  Case plan requirements.--

17         (1)  The department or agent of the department shall

18  develop a case plan for each child or child's family receiving

19  services pursuant to this chapter who is a party to any

20  dependency proceeding, activity, or process under this part.

21  A parent, caregiver, or legal guardian, or custodian of a

22  child may not be required nor coerced through threat of loss

23  of custody or parental rights to admit in the case plan to

24  abusing, neglecting, or abandoning a child. Where dependency

25  mediation services are available and appropriate to the best

26  interests of the child, the court may refer the case to

27  mediation for development of a case plan. This section does

28  not change the provisions of s. 39.807 39.464.

29         (2)  The case plan must be:

30         (a)  The case plan must be developed in conference with

31  the parent, caregiver, or legal guardian, or custodian of the

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  1  child and, if appropriate, the child and any court-appointed

  2  guardian ad litem and, if appropriate, the child. Any parent

  3  who believes that his or her perspective has not been

  4  considered in the development of a case plan may request

  5  referral to mediation pursuant to s. 39.4033 when such

  6  services are available.

  7         (b)  The case plan must be written simply and clearly

  8  in English and, if English is not the principal language of

  9  the child's parent, caregiver, or legal guardian, or

10  custodian, to the extent possible in such principal language.

11         (c)  The case plan must describe the minimum number of

12  face-to-face meetings to be held each month between the

13  parents, caregivers, or legal custodians and the department's

14  caseworkers to review progress of the plan, to eliminate

15  barriers to progress, and to resolve conflicts or

16  disagreements.

17         (d)(c)  The case plan must be subject to modification

18  based on changing circumstances.

19         (e)(d)  The case plan must be signed by all parties.

20         (f)(e)  The case plan must be reasonable, accurate, and

21  in compliance with the requirements of other court orders.

22         (2)(3)  When the child or family is receiving services

23  in the child's home, the case plan must be developed within 30

24  days from the date of the department's initial contact with

25  the child, or within 30 days of the date of a disposition

26  order placing the child under the protective supervision of

27  the department in the child's own home, and must include, in

28  addition to the requirements in subsection (1) (2), at a

29  minimum:

30         (a)  A description of the problem being addressed that

31  includes the behavior or act of a parent, legal custodian, or

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  1  caregiver resulting in risk to the child and the reason for

  2  the department's intervention.

  3         (b)  A description of the services to be provided to

  4  the family and child specifically addressing the identified

  5  problem, including:

  6         1.  Type of services or treatment.

  7         2.  Frequency of services or treatment.

  8         3.  Location of the delivery of the services.

  9         4.  The accountable department staff or service

10  provider.

11         5.  The need for a multidisciplinary case staffing

12  under s. 39.4032.

13         (c)  A description of the measurable objectives,

14  including timeframes for achieving objectives, addressing the

15  identified problem.

16         (3)(4)  When the child is receiving services in a

17  placement outside the child's home or in foster care, the case

18  plan must be submitted to the court for approval at the

19  disposition hearing prepared within 30 days after placement

20  and also be approved by the court and must include, in

21  addition to the requirements in subsections (1) and (2) and

22  (3), at a minimum:

23         (a)  A description of the permanency goal for the

24  child, including the type of placement. Reasonable efforts to

25  place a child for adoption or with a legal guardian may be

26  made concurrently with reasonable efforts to prevent removal

27  of the child from the home or make it possible for the child

28  to return safely home.

29         (b)  A description of the type of home or institution

30  in which the child is to be placed.

31

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  1         (c)  A description of the financial support obligation

  2  to the child, including health insurance, of the child's

  3  parent, parents, caregiver, or legal custodian or guardian.

  4         (d)  A description of the visitation rights and

  5  obligations of the parent or parents, caregiver, or legal

  6  custodian during the period the child is in care.

  7         (e)  A discussion of the safety and appropriateness of

  8  the child's placement, which placement is intended to be safe,

  9  in the least restrictive and most family-like setting

10  available consistent with the best interest and special needs

11  of the child, and in as close proximity as possible to the

12  child's home. The plan must also establish the role for the

13  foster parents or custodians in the development of the

14  services which are to be provided to the child, foster

15  parents, or legal custodians. It must also address the child's

16  need for services while under the jurisdiction of the court

17  and implementation of these services in the case plan.

18         (f)  A discussion of the department's plans to carry

19  out the judicial determination made by the court, with respect

20  to the child, in accordance with this chapter and applicable

21  federal regulations.

22         (g)  A description of the plan for assuring that

23  services outlined in the case plan are provided to the child

24  and the child's parent or parents, legal custodians, or

25  caregivers, to improve the conditions in the family home and

26  facilitate either the safe return of the child to the home or

27  the permanent placement of the child.

28         (h)  A description of the plan for assuring that

29  services as outlined in the case plan are provided to the

30  child and the child's parent or parents, legal custodians, or

31

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  1  caregivers, to address the needs of the child and a discussion

  2  of the appropriateness of the services.

  3         (i)  A description of the plan for assuring that

  4  services are provided to the child and foster parents to

  5  address the needs of the child while in foster care.

  6         (j)  A written notice to the parent that failure of the

  7  parent to substantially comply with the case plan may result

  8  in the termination of parental rights, and that a material

  9  failure to substantially comply may result in the filing of a

10  petition for termination of parental rights sooner than the

11  compliance periods set forth in the case plan itself. The

12  child protection team shall coordinate its effort with the

13  case staffing committee.

14         (k)  In the case of a child for whom the permanency

15  plan is adoption or placement in another permanent home,

16  documentation of the steps the agency is taking to find an

17  adoptive family or other permanent living arrangement for the

18  child, to place the child with an adoptive family, with a fit

19  and willing relative, with a legal guardian, or in another

20  planned permanent living arrangement, and to finalize the

21  adoption or legal guardianship. At a minimum, such

22  documentation shall include child-specific recruitment efforts

23  such as the use of state, regional, and national adoption

24  exchanges, including electronic exchange systems.

25         (4)(5)  In the event that the parents, legal

26  custodians, or caregivers are unwilling or unable to

27  participate in the development of a case plan, the department

28  shall document that unwillingness or inability to participate.

29  Such documentation must be provided and provide in writing to

30  the parent, legal custodians, or caregivers when available for

31  the court record, and then the department shall prepare a case

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  1  plan conforming as nearly as possible with the requirements

  2  set forth in this section. The unwillingness or inability of

  3  the parents, legal custodians, or caregivers to participate in

  4  the development of a case plan shall not in itself bar the

  5  filing of a petition for dependency or for termination of

  6  parental rights. The parents, legal custodians, or caregivers,

  7  if available, must be provided a copy of the case plan and be

  8  advised that they may at any time prior to the filing of

  9  petition for termination of parental rights enter into a case

10  plan and that they may request judicial review of any

11  provision of the case plan with which they disagree at any

12  court review hearing set for the child.

13         (5)(6)  The services delineated in the case plan must

14  be designed to improve the conditions in the family home and

15  aid in maintaining the child in the home, to facilitate the

16  safe return of the child to the family home, or to facilitate

17  the permanent placement of the child. The service intervention

18  must be the least intrusive possible into the life of the

19  family, must focus on clearly defined objectives, and must

20  provide the most efficient path to quick reunification or

21  permanent placement, with the child's health and safety being

22  paramount. To the extent possible, the service intervention

23  must be grounded in outcome evaluation results that

24  demonstrate success in the reunification or permanent

25  placement process. In designing service interventions,

26  generally recognized standards of the professions involved in

27  the process must be taken into consideration.

28         (6)  After jurisdiction attaches, all case plans must

29  be filed with the court and a copy provided to the parents,

30  caregivers, or legal custodians of the child, to the

31  representative of the guardian ad litem program if the program

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  1  has been appointed, and to all other parties, not less than 48

  2  hours before the disposition hearing. All such case plans must

  3  be approved by the court. The department shall also file with

  4  the court all case plans prepared before jurisdiction of the

  5  court attached. If the court does not accept the case plan,

  6  the court shall require the parties to make necessary

  7  modifications to the plan. An amended plan must be submitted

  8  to the court for review and approval within 30 days after the

  9  hearing on the case plan.

10         39.451  Case planning for children in foster care.--

11         (1)  In presenting the case plan to the court, the

12  purpose of a case plan is to ensure permanency for children

13  through recording the actions to be taken by the parties

14  involved in order to quickly assure the safe return of the

15  child to the parents or, if this is not possible, the

16  termination of parental rights and the placement of the child

17  with the department or a licensed child-placing agency for the

18  purpose of finding a permanent adoptive home. Permanent

19  adoptive placement is the primary permanency goal when a child

20  is permanently placed with the department or a licensed

21  child-placing agency. If it is not possible to find a

22  permanent adoptive home, the case plan must record the actions

23  taken for preparing the child for alternative permanency goals

24  or placements such as long-term foster care or independent

25  living.

26         (7)(2)  The case plan must be limited to as short a

27  period as possible for the accomplishment of its provisions.

28  Unless extended under s. 39.453(8), the plan expires no later

29  than 12 18 months after the date the child was initially

30  removed from the home or the date the case plan was accepted

31  by the court, whichever comes first.

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  1         (8)(3)  The case plan must meet applicable federal and

  2  state requirements as provided in s. 39.4031.

  3         (9)(4)(a)  In each case in which the custody of a child

  4  has been vested, either voluntarily or involuntarily, in the

  5  department and the child has been placed in out-of-home foster

  6  care, a case plan must be prepared within 60 30 days after the

  7  department removes the child from the home, and shall be

  8  submitted to the court before the disposition hearing, with a

  9  hearing scheduled for the court to review and accept or modify

10  the plan within an additional 30 days. If the preparation of a

11  case plan, in conference with the parents and other pertinent

12  parties, cannot be completed before the disposition hearing

13  accomplished within 30 days, for good cause shown, the court

14  may grant an extension not to exceed 30 days and set a hearing

15  to review and accept the case plan.

16         (b)  The parent or parents, legal custodians, or

17  caregivers may receive assistance from any person, or social

18  service agency in the preparation of the case plan.

19         (c)  The social service agency, the department, and the

20  court, when applicable, shall inform the parent or parents,

21  legal custodians, or caregivers of the right to receive such

22  assistance, including the right to assistance of counsel.

23         (d)(c)  Before the signing of the case plan, the

24  authorized agent of the department shall explain it to all

25  persons involved in its implementation, including, when

26  appropriate, the child.

27         (e)(d)  After the case plan has been agreed upon and

28  signed by the parties involved, a copy of the plan must be

29  given immediately to the natural parents, the department or

30  agency, the foster parents or caregivers, the legal custodian,

31  the caregiver, the representative of the guardian ad litem

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  1  program if the program is appointed, and any other parties

  2  identified by the court, including the child, if appropriate.

  3         (f)(e)  The case plan may be amended at any time if all

  4  parties are in agreement regarding the revisions to the plan

  5  and the plan is submitted to the court with a memorandum of

  6  explanation. The case plan may also be amended by the court or

  7  upon motion of any party at a hearing, based on competent

  8  evidence demonstrating the need for the amendment. A copy of

  9  the amended plan must be immediately given to the parties

10  specified in paragraph (e)(d).

11         (5)  The case plan must be submitted to the court and

12  all parties for review and acceptance or modification at least

13  72 hours prior to a court hearing. If the court does not

14  accept any of the requirements of the case plan, the court

15  shall require the parties to make necessary modifications to

16  the plan. An amended plan must be submitted to the court for

17  review and approval within a time certain specified by the

18  court.

19         (10)(6)  A case plan must be prepared, but need not be

20  submitted to the court, for a child who will be in care no

21  longer than 30 days unless that child is placed in out-of-home

22  foster care a second time within a 12-month period.

23         Section 55.  Subsections (1), (2), (3), and (4) of

24  section 39.452, Florida Statutes, are renumbered as section

25  39.602, Florida Statutes, and amended to read:

26         39.602 39.452  Case planning when parents, legal

27  custodians, or caregivers do not participate and the child is

28  in out-of-home foster care.--

29         (1)(a)  In the event the parents, legal custodians, or

30  caregivers will not or cannot participate in preparation of a

31  case plan, the department shall submit a full explanation of

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  1  the circumstances and a plan for the permanent placement of

  2  the child to the court within 30 days after the child has been

  3  removed from the home and placed in temporary foster care and

  4  schedule a court hearing within 30 days after submission of

  5  the plan to the court to review and accept or modify the plan.

  6  If preparation cannot be accomplished within 30 days, for good

  7  cause shown, the court may grant extensions not to exceed 15

  8  days each for the filing, the granting of which shall be for

  9  similar reason to that contained in s. 39.451(4)(a).

10         (b)  In the full explanation of the circumstances

11  submitted to the court, the department shall state the nature

12  of its efforts to secure such persons' parental participation

13  in the preparation of a case plan.

14         (2)  In a case in which the physical, emotional, or

15  mental condition or physical location of the parent is the

16  basis for the parent's nonparticipation, it is the burden of

17  the department to provide substantial evidence to the court

18  that such condition or location has rendered the parent unable

19  or unwilling to participate in the preparation of a case plan,

20  either pro se or through counsel. The supporting documentation

21  must be submitted to the court at the time the plan is filed.

22         (3)  The plan must include, but need not be limited to,

23  the specific services to be provided by the department, the

24  goals and plans for the child, and the time for accomplishing

25  the provisions of the plan and for accomplishing permanence

26  for the child.

27         (4)(a)  At least 48 Seventy-two hours prior to the

28  filing of a plan, all parties each parent must be provided

29  with a copy of the plan developed by the department.  If the

30  location of one or both parents is unknown, this must be

31  documented in writing and included in the plan submitted to

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  1  the court.  After the filing of the plan, if the location of

  2  an absent parent becomes known, that parent must be served

  3  with a copy of the plan.

  4         (b)  Before the filing of the plan, the department

  5  shall advise each parent, both orally and in writing, that the

  6  failure of the parents to substantially comply with a plan

  7  which has reunification as its primary goal may result in the

  8  termination of parental rights, but only after notice and

  9  hearing as provided in this chapter part VI. If, after the

10  plan has been submitted to the court, an absent parent is

11  located, the department shall advise the parent, both orally

12  and in writing, that the failure of the parents to

13  substantially comply with a plan which has reunification as

14  its goal may result in termination of parental rights, but

15  only after notice and hearing as provided in this chapter part

16  VI. Proof of written notification must be filed with the

17  court.

18         Section 56.  Subsection (5) of section 39.452, Florida

19  Statutes, is renumbered as section 39.603, Florida Statutes,

20  and amended to read:

21         39.603 39.452  Court approvals of case planning when

22  parents do not participate and the child is in foster care.--

23         (5)(a)  The court shall set a hearing, with notice to

24  all parties, on the plan or any provisions of the plan, within

25  30 days after the plan has been received by the court. If the

26  location of a parent is unknown, the notice must be directed

27  to the last permanent address of record.

28         (1)(b)  At the hearing on the plan, which shall occur

29  in conjunction with the disposition hearing unless otherwise

30  directed by the court, the court shall determine:

31

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  1         (a)1.  All parties who were notified and are in

  2  attendance at the hearing, either in person or through a legal

  3  representative. The court shall appoint a guardian ad litem

  4  under Rule 1.210, Florida Rules of Civil Procedure, to

  5  represent the interests of any parent, if the location of the

  6  parent is known but the parent is not present at the hearing

  7  and the development of the plan is based upon the physical,

  8  emotional, or mental condition or physical location of the

  9  parent.

10         (b)2.  If the plan is consistent with previous orders

11  of the court placing the child in care.

12         (c)3.  If the plan is consistent with the requirements

13  for the content of a plan as specified in this chapter

14  subsection (3).

15         (d)4.  In involuntary placements, whether each parent

16  was 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)5.  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)6.  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 foster care

28  voluntarily.

29         (2)(c)  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

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  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)(d)  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 72 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 6 months' review and must be

12  informed of this right by the department at the time the

13  department serves the parent with a copy of the plan.  If the

14  location of an absent parent becomes known to the department,

15  the department shall inform the parent of the right to a court

16  review at the time the department serves the parent with a

17  copy of the case plan.

18         Section 57.  Part VIII of chapter 39, Florida Statutes,

19  consisting of sections 39.701, 39.702, 39.703, and 39.704,

20  Florida Statutes, shall be entitled to read:

21                            PART VIII

22                         JUDICIAL REVIEWS

23         Section 58.  Section 39.453, Florida Statutes, is

24  renumbered as section 39.701, Florida Statutes, and amended to

25  read:

26         39.701 39.453  Judicial review.--

27         (1)(a)  The court shall have continuing jurisdiction in

28  accordance with this section and shall review the status of

29  the child as required by this subsection or more frequently if

30  the court deems it necessary or desirable.

31

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  1         (b)  The court shall retain jurisdiction over a child

  2  returned to its parents, caregivers, or legal guardians for a

  3  period of 6 months, but, at that time, based on a report of

  4  the social service agency and the guardian ad litem, if one

  5  has been appointed, and any other relevant factors, the court

  6  shall make a determination as to whether its jurisdiction

  7  shall continue or be terminated.

  8         (c)  After termination of parental rights, the court

  9  shall retain jurisdiction over any child for whom custody is

10  given to a social service agency until the child is adopted.

11  The jurisdiction of the court after termination of parental

12  rights and custody is given to the agency is for the purpose

13  of reviewing the status of the child and the progress being

14  made toward permanent adoptive placement. As part of this

15  continuing jurisdiction, for good cause shown by the guardian

16  ad litem for the child, the court may review the

17  appropriateness of the adoptive placement of the child.

18         (2)(a)  The court shall review the status of the child

19  and shall hold a hearing as provided in this part subsection

20  (7). The court may dispense with the attendance of the child

21  at the hearing, but may not dispense with the hearing or the

22  presence of other parties to the review unless before the

23  review a hearing is held before a citizen review panel at

24  which all other parties were in attendance.

25         (b)  Citizen review panels may be established under s.

26  39.4531 to conduct hearings to a review of the status of a

27  child. The court shall select the cases appropriate for

28  referral to the citizen review panels and may order the

29  attendance of the parties at the review panel hearings.

30  However, any party may object to the referral of a case to a

31  citizen review panel. Whenever such an objection has been

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  1  filed with the court, the periodic review of the status of the

  2  child shall be conducted solely by the court as a judicial

  3  review.

  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.

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  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

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  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

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  1         (6)(a)  Prior to every judicial review hearing or

  2  citizen review panel hearing, the social service agency shall

  3  make an investigation and social study concerning all

  4  pertinent details relating to the child and shall furnish to

  5  the court or citizen review panel a written report that

  6  includes, but is not limited to:

  7         1.  A description of the type of placement the child is

  8  in at the time of the hearing, including the safety of the

  9  child and the continuing necessity for and appropriateness of

10  the placement.

11         2.  Documentation of the diligent efforts made by all

12  parties to the case plan to comply with each applicable

13  provision of the plan.

14         3.  The amount of fees assessed and collected during

15  the period of time being reported.

16         4.  The services provided to the foster family or

17  caregivers caretakers in an effort to address the needs of the

18  child as indicated in the case plan.

19         5.  A statement that concerning whether the parent or

20  legal custodian guardian, though able to do so, did not comply

21  substantially with the provisions of the case plan and the

22  agency recommendations or a statement that the parent or legal

23  custodian guardian did substantially comply with such

24  provisions.

25         6.  A statement from the foster parent or parents or

26  caregivers caretakers providing any material evidence

27  concerning the return of the child to the parent or parents or

28  legal custodians.

29         7.  A statement concerning the frequency, duration, and

30  results of the parent-child visitation, if any, and the agency

31

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  1  recommendations for an expansion or restriction of future

  2  visitation.

  3         8.  The number of times a child has been removed from

  4  his or her home and placed elsewhere, the number and types of

  5  placements that have occurred, and the reason for the changes

  6  in placement.

  7         (b)  A copy of the social service agency's written

  8  report must be provided to the attorney of record of the

  9  parent, parents, or legal custodians guardian; to the parent,

10  parents, or legal custodians guardian; to the foster parents

11  or caregivers caretakers; to each citizen review panel

12  established under s. 39.4531; and to the guardian ad litem for

13  the child, or the representative of the guardian ad litem

14  program if the program one has been appointed by the court, at

15  least 48 hours before the judicial review hearing, or citizen

16  review panel hearing if such a panel has been established

17  under s. 39.4531. The requirement for providing parents or

18  legal custodians guardians with a copy of the written report

19  does not apply to those parents or legal custodians guardians

20  who have voluntarily surrendered their child for adoption.

21         (c)  In a case in which the child has been permanently

22  placed with the social service agency, the agency shall

23  furnish to the court a written report concerning the progress

24  being made to place the child for adoption. If, as stated in

25  s. 39.451(1), the child cannot be placed for adoption, a

26  report on the progress made by the child in alternative

27  permanency goals or placements, including, but not limited to,

28  long-term foster care, independent living, custody to a

29  relative or caregiver adult nonrelative approved by the court

30  on a permanent basis with or without legal guardianship, or

31  custody to a foster parent or caregiver on a permanent basis

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  1  with or without legal guardianship, must be submitted to the

  2  court. The report must be submitted to the court at least 48

  3  hours before each scheduled judicial review.

  4         (d)  In addition to or in lieu of any written statement

  5  provided to the court, the foster parent or caregivers, or any

  6  preadoptive parent, caretakers shall be given the opportunity

  7  to address the court with any information relevant to the best

  8  interests of the child at any judicial review hearing.

  9         (7)  The court, and any citizen review panel

10  established under s. 39.4531, shall take into consideration

11  the information contained in the social services study and

12  investigation and all medical, psychological, and educational

13  records that support the terms of the case plan; testimony by

14  the social services agency, the parent or legal custodian

15  guardian, the foster parent or caregivers caretakers, the

16  guardian ad litem if one has been appointed for the child, and

17  any other person deemed appropriate; and any relevant and

18  material evidence submitted to the court, including written

19  and oral reports to the extent of their probative value. In

20  its deliberations, the court, and any citizen review panel

21  established under s. 39.4531, shall seek to determine:

22         (a)  If the parent or legal custodian guardian was

23  advised of the right to receive assistance from any person or

24  social service agency in the preparation of the case plan.

25         (b)  If the parent or legal custodian guardian has been

26  advised of the right to have counsel present at the judicial

27  review or citizen review hearings. If not so advised, the

28  court or citizen review panel shall advise the parent or legal

29  custodian guardian of such right.

30         (c)  If a guardian ad litem needs to be appointed for

31  the child in a case in which a guardian ad litem has not

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  1  previously been appointed or if there is a need to continue a

  2  guardian ad litem in a case in which a guardian ad litem has

  3  been appointed.

  4         (d)  The compliance or lack of compliance of all

  5  parties with applicable items of the case plan, including the

  6  parents' compliance with child support orders.

  7         (e)  The compliance or lack of compliance with a

  8  visitation contract between the parent, caregiver, or legal

  9  custodian or guardian and the social service agency for

10  contact with the child, including the frequency, duration, and

11  results of the parent-child visitation and the reason for any

12  noncompliance.

13         (f)  The compliance or lack of compliance of the

14  parent, caregiver, or legal custodian or guardian in meeting

15  specified financial obligations pertaining to the care of the

16  child, including the reason for failure to comply if such is

17  the case.

18         (g)  The appropriateness of the child's current

19  placement, including whether the child is in a setting which

20  is as family-like and as close to the parent's home as

21  possible, consistent with the child's best interests and

22  special needs.

23         (h)  A projected date likely for the child's return

24  home or other permanent placement.

25         (i)  When appropriate, the basis for the unwillingness

26  or inability of the parent, caregiver, or legal custodian or

27  guardian to become a party to a case plan. The court and the

28  citizen review panel shall determine if the nature of the

29  location or the condition of the parent and the efforts of the

30  social service agency to secure party parental participation

31  in a case plan were sufficient.

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  1         (8)(a)  Based upon the criteria set forth in subsection

  2  (7) and the recommended order of the citizen review panel, if

  3  any established under s. 39.4531, the court shall determine

  4  whether or not the social service agency shall initiate

  5  proceedings to have a child declared a dependent child, return

  6  the child to the parent, legal custodian, or caregiver,

  7  continue the child in out-of-home foster care for a specified

  8  period of time, or initiate termination of parental rights

  9  proceedings for subsequent placement in an adoptive home.

10  Modifications to the plan must be handled as prescribed in s.

11  39.601 39.451. If the court finds that the prevention or

12  reunification efforts of the department will allow the child

13  to remain safely at home or be safely returned to the home,

14  the court shall allow the child to remain in or return to the

15  home after making a specific finding of fact that the reasons

16  for removal have been remedied to the extent that the child's

17  safety, and well-being, and physical, mental, and emotional

18  health will not be endangered.

19         (b)  The court shall return the child to the custody of

20  the parents, legal custodians, or caregivers at any time it

21  determines that they have substantially complied with the

22  plan, if the court is satisfied that reunification will not be

23  detrimental to the child's safety, and well-being, and

24  physical, mental, and emotional health.

25         (c)  If, in the opinion of the court, the social

26  service agency has not complied with its obligations as

27  specified in the written case plan, the court may find the

28  social service agency in contempt, shall order the social

29  service agency to submit its plans for compliance with the

30  agreement, and shall require the social service agency to show

31  why the child could should not safely be returned immediately

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  1  to the home of the parents, legal custodians, or caregivers or

  2  legal guardian.

  3         (d)  The court may extend the time limitation of the

  4  case plan, or may modify the terms of the plan, based upon

  5  information provided by the social service agency, and the

  6  guardian ad litem, if one has been appointed, the natural

  7  parent or parents, and the foster parents, and any other

  8  competent information on record demonstrating the need for the

  9  amendment. If the court extends the time limitation of the

10  case plan, the court must make specific findings concerning

11  the frequency of past parent-child visitation, if any, and the

12  court may authorize the expansion or restriction of future

13  visitation. Modifications to the plan must be handled as

14  prescribed in s. 39.601 39.451. Any extension of a case plan

15  must comply with the time requirements and other requirements

16  specified by this chapter part.

17         (e)  If, at any judicial review, the court finds that

18  the parents have failed to substantially comply with the case

19  plan to the degree that further reunification efforts are

20  without merit and not in the best interest of the child, it

21  may authorize the filing of a petition for termination of

22  parental rights, whether or not the time period as contained

23  in the case plan for substantial compliance has elapsed.

24         (f)  No later than 12 months after the date that the

25  child was placed in shelter care, the court shall conduct a

26  judicial review. At this hearing, if the child is not returned

27  to the physical custody of the parents, caregivers, or legal

28  custodians, the case plan may be extended with the same goals

29  only if the court finds that the situation of the child is so

30  extraordinary that the plan should be extended. The case plan

31  must document steps the department is taking to find an

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  1  adoptive parent or other permanent living arrangement for the

  2  child. If, at the time of the 18-month judicial review or

  3  citizen review, the child is not returned to the physical

  4  custody of the natural parents, the case plan may be extended

  5  only if, at the time of the judicial review or citizen review,

  6  the court finds that the situation of the child is so

  7  extraordinary that the plan should be extended. The extension

  8  must be in accordance with subsection (3).

  9         (g)  The court may issue a protective order in

10  assistance, or as a condition, of any other order made under

11  this part. In addition to the requirements included in the

12  case plan, the protective order may set forth requirements

13  relating to reasonable conditions of behavior to be observed

14  for a specified period of time by a person or agency who is

15  before the court; and such order may require any such person

16  or agency to make periodic reports to the court containing

17  such information as the court in its discretion may prescribe.

18         Section 59.  Section 39.4531, Florida Statutes, is

19  renumbered as section 39.702, Florida Statutes, and amended to

20  read:

21         39.702 39.4531  Citizen review panels.--

22         (1)  Citizen review panels may be established in each

23  judicial circuit and shall be authorized by an administrative

24  order executed by the chief judge of each circuit. The court

25  shall administer an oath of office to each citizen review

26  panel member which shall authorize the panel member to

27  participate in citizen review panels and make recommendations

28  to the court pursuant to the provisions of this section.

29         (2)  Citizen review panels shall be administered by an

30  independent not-for-profit agency.  For the purpose of this

31  section, an organization that has filed for nonprofit status

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  1  under the provisions of s. 501(c)(3) of the United States

  2  Internal Revenue Code is an independent not-for-profit agency

  3  for a period of 1 year after the date of filing.  At the end

  4  of that 1-year period, in order to continue conducting citizen

  5  reviews, the organization must have qualified for nonprofit

  6  status under s. 501(c)(3) of the United States Internal

  7  Revenue Code and must submit to the chief judge of the circuit

  8  court a consumer's certificate of exemption that was issued to

  9  the organization by the Florida Department of Revenue and a

10  report of the organization's progress. If the agency has not

11  qualified for nonprofit status, the court must rescind its

12  administrative order that authorizes the agency to conduct

13  citizen reviews.  All independent not-for-profit agencies

14  conducting citizen reviews must submit citizen review annual

15  reports to the court.

16         (3)  For the purpose of this section, a citizen review

17  panel shall be composed of five volunteer members and shall

18  conform with the requirements of this chapter section.  The

19  presence of three members at a panel hearing shall constitute

20  a quorum.  Panel members shall serve without compensation.

21         (4)(3)  Based on the information provided to each

22  citizen review panel pursuant to s. 39.701 39.453, each

23  citizen review panel shall provide the court with a report and

24  recommendations regarding the placement and dispositional

25  alternatives the court shall consider before issuing a

26  judicial review order.

27         (5)(4)  The An independent not-for-profit agency

28  authorized to administer each citizen review panel shall:

29         (a)  In collaboration with the department, develop

30  policies to assure that citizen review panels comply with all

31  applicable state and federal laws.

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  1         (b)  Establish policies for the recruitment, selection,

  2  retention, and terms of volunteer panel members.  Final

  3  selection of citizen review panel members shall, to the extent

  4  possible, reflect the multicultural composition of the

  5  community which they serve.  A criminal background check and

  6  personal reference check shall be conducted on each citizen

  7  review panel member prior to the member serving on a citizen

  8  review panel.

  9         (c)  In collaboration with the department, develop,

10  implement, and maintain a training program for citizen review

11  volunteers and provide training for each panel member prior to

12  that member serving on a review panel.  Such training may

13  include, but shall not be limited to, instruction on

14  dependency laws, departmental policies, and judicial

15  procedures.

16         (d)  Ensure that all citizen review panel members have

17  read, understood, and signed an oath of confidentiality

18  relating to the citizen review hearings and written or verbal

19  information provided to the panel members for review hearings.

20         (e)  Establish policies to avoid actual or perceived

21  conflicts of interest by panel members during the review

22  process and to ensure accurate, fair reviews of each child

23  dependency case.

24         (f)  Establish policies to ensure ongoing communication

25  with the department and the court.

26         (g)  Establish policies to ensure adequate

27  communication with the parent, caregiver, or legal custodian

28  or guardian, the foster parent or caregiver, the guardian ad

29  litem, and any other person deemed appropriate.

30         (h)  Establish procedures that encourage attendance and

31  participation of interested persons and parties, including the

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  1  biological parents, foster parents or caregivers, or a

  2  relative or nonrelative with whom the child is placed, at

  3  citizen review hearings.

  4         (i)  Coordinate with existing citizen review panels to

  5  ensure consistency of operating procedures, data collection,

  6  and analysis, and report generation.

  7         (j)  Make recommendations as necessary to the court

  8  concerning attendance of essential persons at the review and

  9  other issues pertinent to an effective review process.

10         (k)  Ensure consistent methods of identifying barriers

11  to the permanent placement of the child and delineation of

12  findings and recommendations to the court.

13         (6)(5)  The department and agents of the department

14  shall submit information to the citizen review panel when

15  requested and shall address questions asked by the citizen

16  review panel to identify barriers to the permanent placement

17  of each child.

18         Section 60.  Section 39.454, Florida Statutes, is

19  renumbered as section 39.703, Florida Statutes, and amended to

20  read:

21         39.703 39.454  Initiation of termination of parental

22  rights proceedings.--

23         (1)  If, in preparation for any judicial review hearing

24  under this chapter part, it is the opinion of the social

25  service agency that the parents or legal guardian of the child

26  have not complied with their responsibilities as specified in

27  the written case plan although able to do so, the social

28  service agency shall state its intent to initiate proceedings

29  to terminate parental rights, unless the social service agency

30  can demonstrate to the court that such a recommendation would

31  not be in the child's best interests. If it is the intent of

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  1  the department or licensed child-placing agency to initiate

  2  proceedings to terminate parental rights, the department or

  3  licensed child-placing agency shall file a petition for

  4  termination of parental rights no later than 3 months after

  5  the date of the previous judicial review hearing. If the

  6  petition cannot be filed within 3 months, the department or

  7  licensed child-placing agency shall provide a written report

  8  to the court outlining the reasons for delay, the progress

  9  made in the termination of parental rights process, and the

10  anticipated date of completion of the process.

11         (2)  If, at the time of the 12-month 18-month judicial

12  review hearing, a child is not returned to the physical

13  custody of the natural parents, caregivers, or legal

14  custodians, the social service agency shall initiate

15  termination of parental rights proceedings under part VI of

16  this chapter within 30 days. Only if the court finds that the

17  situation of the child is so extraordinary and that the best

18  interests of the child will be met by such action at the time

19  of the judicial review may the case plan be extended. If the

20  court decides to extend the plan, the court shall enter

21  detailed findings justifying the decision to extend, as well

22  as the length of the extension. A termination of parental

23  rights petition need not be filed if:  the child is being

24  cared for by a relative who chooses not to adopt the child;

25  the court determines that filing such a petition would not be

26  in the best interests of the child; or the state has not

27  provided the child's family, when reasonable efforts to return

28  a child are required, consistent with the time period in the

29  state's case plan, such services as the state deems necessary

30  for the safe return of the child to his or her home. Failure

31  to initiate termination of parental rights proceedings at the

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  1  time of the 12-month 18-month judicial review or within 30

  2  days after such review does not prohibit initiating

  3  termination of parental rights proceedings at any other time.

  4         Section 61.  Section 39.456, Florida Statutes, is

  5  renumbered as section 39.704, Florida Statutes, and amended to

  6  read:

  7         39.704 39.456  Exemptions from judicial

  8  review.--Judicial review This part does not apply to:

  9         (1)  Minors who have been placed in adoptive homes by

10  the department or by a licensed child-placing agency;

11         (2)  Minors who are refugees or entrants to whom

12  federal regulations apply and who are in the care of a social

13  service agency; or

14         (3)  Minors who are the subjects of termination of

15  parental rights cases pursuant to s. 39.464.

16         Section 62.  Part IX of chapter 39, Florida Statutes,

17  consisting of sections 39.801, 39.802, 39.803, 39.804, 39.805,

18  39.806, 39.807, 39.808, 39.809, 39.810, 39.811, 39.812,

19  39.813, 39.814, 39.815, 39.816, and 39.817, Florida Statutes,

20  shall be entitled to read:

21                             PART IX

22                  TERMINATION OF PARENTAL RIGHTS

23         Section 63.  Sections 39.46 and 39.462, Florida

24  Statutes, are renumbered as section 39.801, Florida Statutes,

25  and amended to read:

26         39.801 39.46  Procedures and jurisdiction; notice;

27  service of process.--

28         (1)  All procedures, including petitions, pleadings,

29  subpoenas, summonses, and hearings, in termination of parental

30  rights proceedings shall be according to the Florida Rules of

31  Juvenile Procedure unless otherwise provided by law.

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  1         (2)  The circuit court shall have exclusive original

  2  jurisdiction of a proceeding involving termination of parental

  3  rights.

  4         39.462  Process and services.--

  5         (3)(1)  Before the court may terminate parental rights,

  6  in addition to the other requirements set forth in this part,

  7  the following requirements must be met:

  8         (a)  Notice of the date, time, and place of the

  9  advisory hearing for the petition to terminate parental rights

10  and a copy of the petition must be personally served upon the

11  following persons, specifically notifying them that a petition

12  has been filed:

13         1.  The parents of the child.

14         2.  The caregivers or legal custodians or guardian of

15  the child.

16         3.  If the parents who would be entitled to notice are

17  dead or unknown, a living relative of the child, unless upon

18  diligent search and inquiry no such relative can be found.

19         4.  Any person who has physical custody of the child.

20         5.  Any grandparent entitled to priority for adoption

21  under s. 63.0425.

22         6.  Any prospective parent who has been identified

23  under s. 39.503 or s. 39.803 s. 39.4051 or s. 39.4625.

24         7.  The guardian ad litem for the child or the

25  representative of the guardian ad litem program, if the

26  program one has been appointed.

27

28  The document containing the notice to respond or appear must

29  contain, in type at least as large as the type in the balance

30  of the document, the following or substantially similar

31  language:  "FAILURE TO PERSONALLY RESPOND TO THIS NOTICE OR TO

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  1  APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE

  2  TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR THESE

  3  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 respond or appear at the advisory hearing,

18  the failure to respond or appear shall constitute consent for

19  termination of parental rights by the person given notice.

20         (4)(2)  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)(3)  All process and orders issued by the court must

26  be served or executed as other process and orders of the

27  circuit court and, in addition, may be served or executed by

28  authorized agents of the department or the guardian ad litem.

29         (6)(4)  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.

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  1         (7)(5)  A fee may not be paid for service of any

  2  process or other papers by an agent of the department or the

  3  guardian ad litem. If any process, orders, or other papers are

  4  served or executed by any sheriff, the sheriff's fees must be

  5  paid by the county.

  6         Section 64.  Sections 39.461 and 39.4611, Florida

  7  Statutes, are renumbered as section 39.802, Florida Statutes,

  8  and amended to 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 under oath stating the

21  petitioner's good faith in filing the petition.

22         (3)  When a petition for termination of parental rights

23  has been filed, the clerk of the court shall set the case

24  before the court for an advisory hearing.

25         39.4611  Elements of petition for termination of

26  parental rights.--

27         (4)(1)  A petition for termination of parental rights

28  filed under this chapter must contain facts supporting the

29  following allegations:

30         (a)  That at least one of the grounds listed in s.

31  39.806 39.464 has been met.

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  1         (b)  That the parents of the child were informed of

  2  their right to counsel at all hearings that they attend and

  3  that a dispositional order adjudicating the child dependent

  4  was entered in any prior dependency proceeding relied upon in

  5  offering a parent a case plan as described in s. 39.806

  6  39.464.

  7         (c)  That the manifest best interests of the child, in

  8  accordance with s. 39.810 39.4612, would be served by the

  9  granting of the petition.

10         (5)(2)  When a petition for termination of parental

11  rights is filed under s. 39.806(1) 39.464(1), a separate

12  petition for dependency need not be filed and the department

13  need not offer the parents a case plan with a goal of

14  reunification, but may instead file with the court a case plan

15  with a goal of termination of parental rights to allow

16  continuation of services until the termination is granted or

17  until further orders of the court are issued.

18         (6)(3)  The fact that a child has been previously

19  adjudicated dependent as alleged in a petition for termination

20  of parental rights may be proved by the introduction of a

21  certified copy of the order of adjudication or the order of

22  disposition of dependency.

23         (7)(4)  The fact that the parent of a child was

24  informed of the right to counsel in any prior dependency

25  proceeding as alleged in a petition for termination of

26  parental rights may be proved by the introduction of a

27  certified copy of the order of adjudication or the order of

28  disposition of dependency containing a finding of fact that

29  the parent was so advised.

30         (8)(5)  Whenever the department has entered into a case

31  plan with a parent with the goal of reunification, and a

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  1  petition for termination of parental rights based on the same

  2  facts as are covered in the case plan is filed prior to the

  3  time agreed upon in the case plan for the performance of the

  4  case plan, the petitioner must allege and prove by clear and

  5  convincing evidence that the parent has materially breached

  6  the provisions of the case plan.

  7         Section 65.  Section 39.803, Florida Statutes, is

  8  created to read:

  9         39.803  Identity or location of parent unknown after

10  filing of termination of parental rights petition; special

11  procedures.--

12         (1)  If the identity or location of a parent is unknown

13  and a petition for termination of parental rights is filed,

14  the court shall conduct the following inquiry of the parent

15  who is available, or, if no parent is available, of any

16  relative, caregiver, or legal custodian of the child who is

17  present at the hearing and likely to have the information:

18         (a)  Whether the mother of the child was married at the

19  probable time of conception of the child or at the time of

20  birth of the child.

21         (b)  Whether the mother was cohabiting with a male at

22  the probable time of conception of the child.

23         (c)  Whether the mother has received payments or

24  promises of support with respect to the child or because of

25  her pregnancy from a man who claims to be the father.

26         (d)  Whether the mother has named any man as the father

27  on the birth certificate of the child or in connection with

28  applying for or receiving public assistance.

29         (e)  Whether any man has acknowledged or claimed

30  paternity of the child in a jurisdiction in which the mother

31

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  1  resided at the time of or since conception of the child, or in

  2  which the child has resided or resides.

  3         (2)  The information required in subsection (1) may be

  4  supplied to the court or the department in the form of a sworn

  5  affidavit by a person having personal knowledge of the facts.

  6         (3)  If the inquiry under subsection (1) identifies any

  7  person as a parent or prospective parent, the court shall

  8  require notice of the hearing to be provided to that person.

  9         (4)  If the inquiry under subsection (1) fails to

10  identify any person as a parent or prospective parent, the

11  court shall so find and may proceed without further notice.

12         (5)  If the inquiry under subsection (1) identifies a

13  parent or prospective parent, and that person's location is

14  unknown, the court shall direct the department to conduct a

15  diligent search for that person before scheduling an

16  adjudicatory hearing regarding the dependency of the child

17  unless the court finds that the best interest of the child

18  requires proceeding without actual notice to the person whose

19  location is unknown.

20         (6)  The diligent search required by subsection (5)

21  must include, at a minimum, inquiries of all known relatives

22  of the parent or prospective parent, inquiries of all offices

23  of program areas of the department likely to have information

24  about the parent or prospective parent, inquiries of other

25  state and federal agencies likely to have information about

26  the parent or prospective parent, inquiries of appropriate

27  utility and postal providers, and inquiries of appropriate law

28  enforcement agencies.

29         (7)  Any agency contacted by petitioner with a request

30  for information pursuant to subsection (6) shall release the

31

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  1  requested information to the petitioner without the necessity

  2  of a subpoena or court order.

  3         (8)  If the inquiry and diligent search identifies a

  4  prospective parent, that person must be given the opportunity

  5  to become a party to the proceedings by completing a sworn

  6  affidavit of parenthood and filing it with the court or the

  7  department. A prospective parent who files a sworn affidavit

  8  of parenthood while the child is a dependent child but no

  9  later than at the time of or prior to the adjudicatory hearing

10  in the termination of parental rights proceeding for the child

11  shall be considered a parent for all purposes under this

12  section.

13         Section 66.  Section 39.4627, Florida Statutes, is

14  renumbered as section 39.804, Florida Statutes.

15         Section 67.  Section 39.463, Florida Statutes, is

16  renumbered as section 39.805, Florida Statutes, and amended to

17  read:

18         39.805 39.463  No answer required.--No answer to the

19  petition or any other pleading need be filed by any child,

20  parent, caregiver, or legal custodian, but any matters which

21  might be set forth in an answer or other pleading may be

22  pleaded orally before the court or filed in writing as any

23  such person may choose. Notwithstanding the filing of any

24  answer or any pleading, the child or parent shall, prior to

25  the adjudicatory hearing, be advised by the court of the right

26  to counsel and shall be given an opportunity to deny the

27  allegations in the petition for termination of parental rights

28  or to enter a plea to allegations in the petition before the

29  court.

30

31

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  1         Section 68.  Section 39.464, Florida Statutes, as

  2  amended by chapter 97-276, Laws of Florida, is renumbered as

  3  section 39.806, Florida Statutes, and amended to read:

  4         39.806 39.464  Grounds for termination of parental

  5  rights.--

  6         (1)  The department, the guardian ad litem, a licensed

  7  child-placing agency, or any person who has knowledge of the

  8  facts alleged or who is informed of said facts and believes

  9  that they are true, may petition for the termination of

10  parental rights under any of the following circumstances:

11         (a)  When the parent or parents voluntarily executed a

12  written surrender of the child and consented to the entry of

13  an order giving custody of the child to the department or to a

14  licensed child-placing agency for subsequent adoption and the

15  department or licensed child-placing agency is willing to

16  accept custody of the child.

17         1.  The surrender document must be executed before two

18  witnesses and a notary public or other person authorized to

19  take acknowledgments.

20         2.  The surrender and consent may be withdrawn after

21  acceptance by the department or licensed child-placing agency

22  only after a finding by the court that the surrender and

23  consent were obtained by fraud or duress.

24         (b)  When the identity or location of the parent or

25  parents is unknown and, if the court requires a diligent

26  search pursuant to s. 39.4625, cannot be ascertained by

27  diligent search as provided in s. 39.4625 within 90 days.

28         (c)  When the parent or parents engaged in conduct

29  toward the child or toward other children that demonstrates

30  that the continuing involvement of the parent or parents in

31  the parent-child relationship threatens the life, safety or

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  1  well-being, or physical, mental, or emotional health of the

  2  child irrespective of the provision of services. Provision of

  3  services may be is evidenced by proof that services were

  4  provided through a previous plan or offered as a case plan

  5  from a child welfare agency.

  6         (d)  When the parent of a child is incarcerated in a

  7  state or federal correctional institution and:

  8         1.  The period of time for which the parent is expected

  9  to be incarcerated will constitute a substantial portion of

10  the period of time before the child will attain the age of 18

11  years;

12         2.  The incarcerated parent has been determined by the

13  court to be a violent career criminal as defined in s.

14  775.084, a habitual violent felony offender as defined in s.

15  775.084, or a sexual predator as defined in s. 775.21; has

16  been convicted of first degree or second degree murder in

17  violation of s. 782.04 or a sexual battery that constitutes a

18  capital, life, or first degree felony violation of s. 794.011;

19  or has been convicted of an offense in another jurisdiction

20  which is substantially similar to one of the offenses listed

21  in this paragraph.  As used in this section, the term

22  "substantially similar offense" means any offense that is

23  substantially similar in elements and penalties to one of

24  those listed in this paragraph, and that is in violation of a

25  law of any other jurisdiction, whether that of another state,

26  the District of Columbia, the United States or any possession

27  or territory thereof, or any foreign jurisdiction; and

28         3.  The court determines by clear and convincing

29  evidence that continuing the parental relationship with the

30  incarcerated parent would be harmful to the child and, for

31

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  1  this reason, that termination of the parental rights of the

  2  incarcerated parent is in the best interest of the child.

  3         (e)(f)  A petition for termination of parental rights

  4  may also be filed when a child has been adjudicated dependent,

  5  a case plan has been filed with the court, and the child

  6  continues to be abused, neglected, or abandoned by the

  7  parents. In this case, the failure of the parents to

  8  substantially comply for a period of 12 months after an

  9  adjudication of the child as a dependent child constitutes

10  evidence of continuing abuse, neglect, or abandonment unless

11  the failure to substantially comply with the case plan was due

12  either to the lack of financial resources of the parents or to

13  the failure of the department to make reasonable efforts to

14  reunify the family. Such 12-month period may begin to run only

15  after the entry of a disposition order placing the custody of

16  the child with the department or a person other than the

17  parent and the approval by subsequent filing with the court of

18  a case plan with a goal of reunification with the parent.

19         (f)(e)  When the parent or parents engaged in egregious

20  conduct or had the opportunity and capability to prevent and

21  knowingly failed to prevent egregious conduct that threatens

22  the life, safety, or physical, mental, or emotional health

23  that endangers the life, health, or safety of the child or the

24  child's sibling or had the opportunity and capability to

25  prevent egregious conduct that threatened the life, health, or

26  safety of the child or the child's sibling and knowingly

27  failed to do so.

28         1.  As used in this subsection, the term "sibling"

29  means another child who resides with or is cared for by the

30  parent or parents regardless of whether the child is related

31  legally or by consanguinity.

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  1         2.  As used in this subsection, the term "egregious

  2  conduct abuse" means abuse, abandonment, neglect, or any other

  3  conduct of the parent or parents that is deplorable, flagrant,

  4  or outrageous by a normal standard of conduct. Egregious

  5  conduct abuse may include an act or omission that occurred

  6  only once but was of such intensity, magnitude, or severity as

  7  to endanger the life of the child.

  8         (g)  When the parent or parents have subjected the

  9  child to aggravated child abuse as defined in s. 827.03,

10  sexual battery or sexual abuse as defined in s. 39.01, or

11  chronic abuse.

12         (h)  When the parent or parents have committed murder

13  or voluntary manslaughter of another child of the parent, or a

14  felony assault that results in serious bodily injury to the

15  child or another child of the parent, or aided or abetted,

16  attempted, conspired, or solicited to commit such a murder or

17  voluntary manslaughter or felony assault.

18         (i)  When the parental rights of the parent to a

19  sibling have been terminated involuntarily.

20         (2)  Reasonable efforts to preserve and reunify

21  families shall not be required if a court of competent

22  jurisdiction has determined that any of the events described

23  in paragraphs (e)-(i) have occurred.

24         (3)(2)  When a petition for termination of parental

25  rights is filed under subsection (1), a separate petition for

26  dependency need not be filed and the department need not offer

27  the parents a case plan with a goal of reunification, but may

28  instead file with the court a case plan with a goal of

29  termination of parental rights to allow continuation of

30  services until the termination is granted or until further

31  orders of the court are issued.

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  1         (4)  When an expedited termination of parental rights

  2  petition is filed, reasonable efforts shall be made to place

  3  the child in a timely manner in accordance with the permanency

  4  plan, and to complete whatever steps are necessary to finalize

  5  the permanent placement of the child.

  6         Section 69.  Section 39.465, Florida Statutes, is

  7  renumbered as section 39.807, Florida Statutes, and amended to

  8  read:

  9         39.807 39.465  Right to counsel; guardian ad litem.--

10         (1)(a)  At each stage of the proceeding under this

11  part, the court shall advise the parent, guardian, or

12  custodian of the right to have counsel present. The court

13  shall appoint counsel for indigent insolvent persons. The

14  court shall ascertain whether the right to counsel is

15  understood and, where appropriate, is knowingly and

16  intelligently waived. The court shall enter its findings in

17  writing with respect to the appointment or waiver of counsel

18  for indigent insolvent parties.

19         (b)  Once counsel has been retained or, in appropriate

20  circumstances, appointed to represent the parent of the child,

21  the attorney shall continue to represent the parent throughout

22  the proceedings or until the court has approved discontinuing

23  the attorney-client relationship. If the attorney-client

24  relationship is discontinued, the court shall advise the

25  parent of the right to have new counsel retained or appointed

26  for the remainder of the proceedings.

27         (c)(b)1.  No waiver of counsel may be accepted if it

28  appears that the parent, guardian, or custodian is unable to

29  make an intelligent and understanding choice because of mental

30  condition, age, education, experience, the nature or

31  complexity of the case, or other factors.

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  1         2.  A waiver of counsel made in court must be of

  2  record. A waiver made out of court must be in writing with not

  3  less than two attesting witnesses and must be filed with the

  4  court. The witnesses shall attest to the voluntary execution

  5  of the waiver.

  6         3.  If a waiver of counsel is accepted at any stage of

  7  the proceedings, the offer of assistance of counsel must be

  8  renewed by the court at each subsequent stage of the

  9  proceedings at which the parent, guardian, or custodian

10  appears without counsel.

11         (d)(c)  This subsection does not apply to any parent

12  who has voluntarily executed a written surrender of the child

13  and consent to the entry of a court order therefor and who

14  does not deny the allegations of the petition.

15         (2)(a)  The court shall appoint a guardian ad litem to

16  represent the child in any termination of parental rights

17  proceedings and shall ascertain at each stage of the

18  proceedings whether a guardian ad litem has been appointed.

19         (b)  The guardian ad litem has the following

20  responsibilities:

21         1.  To investigate the allegations of the petition and

22  any subsequent matters arising in the case and, unless excused

23  by the court, to file a written report. This report must

24  include a statement of the wishes of the child and the

25  recommendations of the guardian ad litem and must be provided

26  to all parties and the court at least 48 hours before the

27  disposition hearing.

28         2.  To be present at all court hearings unless excused

29  by the court.

30

31

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  1         3.  To represent the interests of the child until the

  2  jurisdiction of the court over the child terminates or until

  3  excused by the court.

  4         4.  To perform such other duties and undertake such

  5  other responsibilities as the court may direct.

  6         (c)  A guardian ad litem is not required to post bond

  7  but shall file an acceptance of the office.

  8         (d)  A guardian ad litem is entitled to receive service

  9  of pleadings and papers as provided by the Florida Rules of

10  Juvenile Procedure.

11         (e)  This subsection does not apply to any voluntary

12  relinquishment of parental rights proceeding.

13         Section 70.  Section 39.466, Florida Statutes, is

14  renumbered as section 39.808, Florida Statutes, and amended to

15  read:

16         39.808 39.466  Advisory hearing; pretrial status

17  conference.--

18         (1)  An advisory hearing on the petition to terminate

19  parental rights must be held as soon as possible after all

20  parties have been served with a copy of the petition and a

21  notice of the date, time, and place of the advisory hearing

22  for the petition.

23         (2)  At the hearing the court shall inform the parties

24  of their rights under s. 39.807 39.465, shall appoint counsel

25  for the parties in accordance with legal requirements, and

26  shall appoint a guardian ad litem to represent the interests

27  of the child if one has not already been appointed.

28         (3)  The court shall set a date for an adjudicatory

29  hearing to be held within 45 days after the advisory hearing,

30  unless all of the necessary parties agree to some other

31  hearing date.

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  1         (4)  An advisory hearing may not be held if a petition

  2  is filed seeking an adjudication voluntarily to terminate

  3  parental rights. Adjudicatory hearings for petitions for

  4  voluntary termination must be held within 21 days after the

  5  filing of the petition. Notice of the use of this subsection

  6  must be filed with the court at the same time as the filing of

  7  the petition to terminate parental rights.

  8         (5)  Not less than 10 days before the adjudicatory

  9  hearing, the court shall conduct a prehearing status

10  conference to determine the order in which each party may

11  present witnesses or evidence, the order in which

12  cross-examination and argument shall occur, and any other

13  matters that may aid in the conduct of the adjudicatory

14  hearing to prevent any undue delay in the conduct of the

15  adjudicatory hearing.

16         Section 71.  Section 39.467, Florida Statutes, is

17  renumbered as section 39.809, Florida Statutes, and

18  subsections (1) and (4) of said section are amended to read:

19         39.809 39.467  Adjudicatory hearing.--

20         (1)  In a hearing on a petition for termination of

21  parental rights, the court shall consider the elements

22  required for termination as set forth in s. 39.4611. Each of

23  these elements must be established by clear and convincing

24  evidence before the petition is granted.

25         (4)  All hearings involving termination of parental

26  rights are confidential and closed to the public. Hearings

27  involving more than one child may be held simultaneously when

28  the children involved are related to each other or were

29  involved in the same case. The child and the parents or legal

30  custodians may be examined separately and apart from each

31  other.

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  1         Section 72.  Section 39.4612, Florida Statutes, is

  2  renumbered as section 39.810, Florida Statutes, and subsection

  3  (3) of said section is amended to read:

  4         39.810 39.4612  Manifest best interests of the

  5  child.--In a hearing on a petition for termination of parental

  6  rights, the court shall consider the manifest best interests

  7  of the child. This consideration shall not include a

  8  comparison between the attributes of the parents and those of

  9  any persons providing a present or potential placement for the

10  child. For the purpose of determining the manifest best

11  interests of the child, the court shall consider and evaluate

12  all relevant factors, including, but not limited to:

13         (3)  The capacity of the parent or parents to care for

14  the child to the extent that the child's safety, well-being,

15  and physical, mental, and emotional health and well-being will

16  not be endangered upon the child's return home.

17         Section 73.  Section 39.469, Florida Statutes, is

18  renumbered as section 39.811, Florida Statutes, and amended to

19  read:

20         39.811 39.469  Powers of disposition; order of

21  disposition.--

22         (1)  If the court finds that the grounds for

23  termination of parental rights have not been established by

24  clear and convincing evidence, the court shall:

25         (a)  If grounds for dependency have been established,

26  adjudicate or readjudicate the child dependent and:

27         1.  Enter an order placing or continuing the child in

28  out-of-home foster care under a case plan; or

29         2.  Enter an order returning the child to the parent or

30  parents. The court shall retain jurisdiction over a child

31  returned to the parent or parents or legal guardians for a

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  1  period of 6 months, but, at that time, based on a report of

  2  the social service agency and any other relevant factors, the

  3  court shall make a determination as to whether its

  4  jurisdiction shall continue or be terminated.

  5         (b)  If grounds for dependency have not been

  6  established, dismiss the petition.

  7         (2)  If the child is in out-of-home foster care custody

  8  of the department and the court finds that the grounds for

  9  termination of parental rights have been established by clear

10  and convincing evidence, the court shall, by order, place the

11  child in the custody of the department for the purpose of

12  adoption or place the child in the custody of a licensed

13  child-placing agency for the purpose of adoption.

14         (3)  If the child is in the custody of one parent and

15  the court finds that the grounds for termination of parental

16  rights have been established for the remaining parent by clear

17  and convincing evidence, the court shall enter an order

18  terminating the rights of the parent for whom the grounds have

19  been established and placing the child in the custody of the

20  remaining parent, granting that parent sole parental

21  responsibility for the child.

22         (4)  If the child is neither in the custody of the

23  department of Children and Family Services nor in the custody

24  of a parent and the court finds that the grounds for

25  termination of parental rights have been established for

26  either or both parents, the court shall enter an order

27  terminating parental rights for the parent or parents for whom

28  the grounds for termination have been established and placing

29  the child with an appropriate custodian. If the parental

30  rights of both parents have been terminated, or if the

31  parental rights of only one parent have been terminated and

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  1  the court makes specific findings based on evidence presented

  2  that placement with the remaining parent is likely to be

  3  harmful to the child, the court may order that the child be

  4  placed with a custodian other than the department after

  5  hearing evidence of the suitability of such intended

  6  placement.  Suitability of the intended placement includes the

  7  fitness and capabilities of the proposed intended placement,

  8  with primary consideration being given to the welfare of the

  9  child; the fitness and capabilities of the proposed custodian

10  to function as the primary caregiver caretaker for a

11  particular child; and the compatibility of the child with the

12  home in which the child is intended to be placed.  If the

13  court orders that a child be placed with a custodian under

14  this subsection, the court shall appoint such custodian as the

15  guardian for the child as provided in s. 744.3021.  The court

16  may modify the order placing the child in the custody of the

17  custodian and revoke the guardianship established under s.

18  744.3021 if the court subsequently finds that a party to the

19  proceeding other than a parent whose rights have been

20  terminated has shown a material change in circumstances which

21  causes the placement to be no longer in the best interest of

22  the child.

23         (5)  If the court terminates parental rights, the court

24  shall enter a written order of disposition briefly stating the

25  facts upon which its decision to terminate the parental rights

26  is made. An order of termination of parental rights, whether

27  based on parental consent or after notice served as prescribed

28  in this part, permanently deprives the parents or legal

29  guardian of any right to the child.

30

31

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  1         (6)  The parental rights of one parent may be severed

  2  without severing the parental rights of the other parent only

  3  under the following circumstances:

  4         (a)  If the child has only one surviving parent;

  5         (b)  If the identity of a prospective parent has been

  6  established as unknown after sworn testimony;

  7         (c)  If the parent whose rights are being terminated

  8  became a parent through a single-parent adoption;

  9         (d)  If the protection of the child demands termination

10  of the rights of a single parent; or

11         (e)  If the parent whose rights are being terminated

12  meets the criteria specified in s. 39.806(1)(d) 39.464(1)(d).

13         (7)(a)  The termination of parental rights does not

14  affect the rights of grandparents unless the court finds that

15  continued visitation is not in the best interests of the child

16  or that such visitation would interfere with the goals of

17  permanency planning for the child.

18         (b)  If the court terminates parental rights, it may

19  order that the parents or relatives of the parent whose rights

20  are terminated be allowed to maintain some contact with the

21  child pending adoption if the best interests of the child

22  support this continued contact, except as provided in

23  paragraph (a). If the court orders such continued contact, the

24  nature and frequency of the contact must be set forth in

25  written order and may be reviewed upon motion of any party,

26  including a prospective adoptive parent if a child has been

27  placed for adoption. If a child is placed for adoption, the

28  nature and frequency of the contact must be reviewed by the

29  court at the time the child is adopted.

30         (8)  If the court terminates parental rights, it shall,

31  in its order of disposition, provide for a hearing, to be

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  1  scheduled no later than 30 days after the date of disposition,

  2  in which the department or the licensed child-placing agency

  3  shall provide to the court a plan for permanency for the

  4  child. Reasonable efforts must be made to place the child in a

  5  timely manner in accordance with the permanency plan, and to

  6  complete whatever steps are necessary to finalize the

  7  permanent placement of the child. Thereafter, until the

  8  adoption of the child is finalized or the child reaches the

  9  age of 18 years, whichever occurs first, the court shall hold

10  hearings at 6-month intervals to review the progress being

11  made toward permanency for the child.

12         (9)  After termination of parental rights, the court

13  shall retain jurisdiction over any child for whom custody is

14  given to a social service agency until the child is adopted.

15  The court shall review the status of the child's placement and

16  the progress being made toward permanent adoptive placement.

17  As part of this continuing jurisdiction, for good cause shown

18  by the guardian ad litem for the child, the court may review

19  the appropriateness of the adoptive placement of the child.

20         Section 74.  Section 39.47, Florida Statutes, is

21  renumbered as section 39.812, Florida Statutes, and amended to

22  read:

23         39.812 39.47  Post disposition relief.--

24         (1)  A licensed child-placing agency or the department

25  which is given custody of a child for subsequent adoption in

26  accordance with this chapter may place the child in a family

27  home for prospective subsequent adoption and the licensed

28  child-placing agency may thereafter become a party to any

29  proceeding for the legal adoption of the child and appear in

30  any court where the adoption proceeding is pending and consent

31

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  1  to the adoption; and that consent alone shall in all cases be

  2  sufficient.

  3         (2)  In any subsequent adoption proceeding, the parents

  4  and legal guardian shall not be entitled to any notice

  5  thereof, nor shall they be entitled to knowledge at any time

  6  after the order terminating parental rights is entered of the

  7  whereabouts of the child or of the identity or location of any

  8  person having the custody of or having adopted the child,

  9  except as provided by order of the court pursuant to this

10  chapter or chapter 63; and in any habeas corpus or other

11  proceeding involving the child brought by any parent or legal

12  guardian of the child, no agent or contract provider of the

13  licensed child-placing agency or department shall be compelled

14  to divulge that information, but may be compelled to produce

15  the child before a court of competent jurisdiction if the

16  child is still subject to the guardianship of the licensed

17  child-placing agency or department.

18         (3)  The entry of the custody order to the department

19  or licensed child-placing agency shall not entitle the

20  licensed child-placing agency or department to guardianship of

21  the estate or property of the child, but the licensed

22  child-placing agency or department shall be the guardian of

23  the person of the child.

24         (4)  The court shall retain jurisdiction over any child

25  for whom custody is given to a licensed child-placing agency

26  or to the department until the child is adopted. After custody

27  of a child for subsequent adoption has been given to an agency

28  or the department, the court has jurisdiction for the purpose

29  of reviewing the status of the child and the progress being

30  made toward permanent adoptive placement. As part of this

31  continuing jurisdiction, for good cause shown by the guardian

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  1  ad litem for the child, the court may review the

  2  appropriateness of the adoptive placement of the child.

  3         (5)  The Legislature finds that children are most

  4  likely to realize their potential when they have the ability

  5  provided by good permanent families rather than spending long

  6  periods of time in temporary placements or unnecessary

  7  institutions. It is the intent of the Legislature that

  8  decisions be consistent with the child's best interests and

  9  that the department make proper adoptive placements as

10  expeditiously as possible following a final judgment

11  terminating parental rights.

12         Section 75.  Section 39.813, Florida Statutes, is

13  created to read:

14         39.813  Continuing jurisdiction.--The court which

15  terminates the parental rights of a child who is the subject

16  of termination proceedings pursuant to this chapter shall

17  retain exclusive jurisdiction in all matters pertaining to the

18  child's adoption pursuant to chapter 63.

19         Section 76.  Section 39.471, Florida Statutes, is

20  renumbered as section 39.814, Florida Statutes.

21         Section 77.  Section 39.473, Florida Statutes, is

22  renumbered as section 39.815, Florida Statutes, and subsection

23  (1) of said section is amended to read:

24         39.815 39.473  Appeal.--

25         (1)  Any child, any parent or, guardian ad litem, or

26  legal custodian of any child, any other party to the

27  proceeding who is affected by an order of the court, or the

28  department may appeal to the appropriate district court of

29  appeal within the time and in the manner prescribed by the

30  Florida Rules of Appellate Procedure. The district court of

31  appeal shall give an appeal from an order terminating parental

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  1  rights priority in docketing and shall render a decision on

  2  the appeal as expeditiously as possible. Appointed counsel

  3  shall be compensated as provided in s. 39.0134 39.474.

  4         Section 78.  Section 39.816, Florida Statutes, is

  5  created to read:

  6         39.816  Authorization for pilot and demonstration

  7  projects.--

  8         (1)  Contingent upon receipt of a federal grant or

  9  contract pursuant to s. 473A(i) of the Social Security Act, 42

10  U.S.C. 673A(i), enacted November 19, 1997, the department is

11  authorized to establish one or more pilot projects for the

12  following purposes:

13         (a)  The development of best practice guidelines for

14  expediting termination of parental rights.

15         (b)  The development of models to encourage the use of

16  concurrent planning.

17         (c)  The development of specialized units and expertise

18  in moving children toward adoption as a permanency goal.

19         (d)  The development of risk-assessment tools to

20  facilitate early identification of the children who will be at

21  risk of harm if returned home.

22         (e)  The development of models to encourage the

23  fast-tracking of children who have not attained 1 year of age,

24  into preadoptive placements.

25         (f)  The development of programs that place children

26  into preadoptive families without waiting for termination of

27  parental rights.

28         (2)  Contingent upon receipt of federal authorization

29  and funding pursuant to s. 1130(a) of the Social Security Act,

30  42 U.S.C. 1320a-9, enacted November 19, 1997, the department

31

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  1  is authorized to establish one or more demonstration projects

  2  for the following purposes:

  3         (a)  Identifying and addressing barriers that result in

  4  delays to adoptive placements for children in out-of-home

  5  care.

  6         (b)  Identifying and addressing parental substance

  7  abuse problems that endanger children and result in the

  8  placement of children in out-of-home care. This purpose may be

  9  accomplished through the placement of children with their

10  parents in residential treatment facilities, including

11  residential treatment facilities for post-partum depression,

12  that are specifically designed to serve parents and children

13  together, in order to promote family reunification, and that

14  can ensure the health and safety of the children.

15         (c)  Addressing kinship care.

16         Section 79.  Section 39.817, Florida Statutes, is

17  created to read:

18         39.817  Foster care privatization demonstration pilot

19  project.--A pilot project shall be established through The

20  Ounce of Prevention Fund of Florida to contract with a private

21  entity for a foster care privatization demonstration project.

22  No more then 30 children with a goal of family reunification

23  shall be accepted into the program on a no-eject-or-reject

24  basis as identified by the Department of Children and Family

25  Services. Sibling groups shall be kept together in one

26  placement in their own communities. Foster care parents shall

27  be paid employees of the program. The program shall provide

28  for public/private partnerships, community collaboration,

29  counseling, and medical and legal assistance, as needed. For

30  purposes of identifying measurable outcomes, the pilot project

31  shall be located in a department district with an integrated

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  1  district management which was selected as a family transition

  2  program site, has a population of less than 500,000, has a

  3  total caseload of no more than 400, with and without board

  4  payment, and has a total foster care case load of no more than

  5  250.

  6         Section 80.  Part X of chapter 39, Florida Statutes,

  7  consisting of sections 39.901, 39.902, 39.903, 39.904, 39.905,

  8  39.906, and 39.908, Florida Statutes, shall be entitled to

  9  read:

10                              PART X

11                        DOMESTIC VIOLENCE

12         Section 81.  Section 415.601, Florida Statutes, is

13  renumbered as section 39.901, Florida Statutes.

14         Section 82.  Section 415.602, Florida Statutes, is

15  renumbered as section 39.902, Florida Statutes, and amended to

16  read:

17         39.902 415.602  Definitions of terms used in ss.

18  415.601-415.608.--As used in this part ss. 415.601-415.608,

19  the term:

20         (1)  "Department" means the Department of Children and

21  Family Services.

22         (2)  "District" means a service district of the

23  department as created in s. 20.19.

24         (1)(3)  "Domestic violence" means any assault, battery,

25  sexual assault, sexual battery, or any criminal offense

26  resulting in physical injury or death of one family or

27  household member by another who is or was residing in the same

28  single dwelling unit.

29         (2)(4)  "Domestic violence center" means an agency that

30  provides services to victims of domestic violence, as its

31  primary mission.

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  1         (3)(5)  "Family or household member" means spouses,

  2  former spouses, adults related by blood or marriage, persons

  3  who are presently residing together as if a family or who have

  4  resided together in the past as if a family, and persons who

  5  have a child in common regardless of whether they have been

  6  married or have resided together at any time.

  7         Section 83.  Section 415.603, Florida Statutes, is

  8  renumbered as section 39.903, Florida Statutes, and subsection

  9  (1) of said section is amended to read:

10         39.903 415.603  Duties and functions of the department

11  with respect to domestic violence.--

12         (1)  The department shall:

13         (a)  Develop by rule criteria for the approval or

14  rejection of certification or funding of domestic violence

15  centers.

16         (b)  Develop by rule minimum standards for domestic

17  violence centers to ensure the health and safety of the

18  clients in the centers.

19         (c)  Receive and approve or reject applications for

20  certification of domestic violence centers, and receive and

21  approve or reject applications for funding of domestic

22  violence centers. When approving funding for a newly certified

23  domestic violence center, the department shall make every

24  effort to minimize any adverse economic impact on existing

25  certified centers or services provided within the same

26  district.  In order to minimize duplication of services, the

27  department shall make every effort to encourage subcontracting

28  relationships with existing centers within the district.  If

29  any of the required services are exempted by the department

30  under s. 39.905(1)(c) 415.605(1)(c), the center shall not

31  receive funding for those services.

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  1         (d)  Evaluate each certified domestic violence center

  2  annually to ensure compliance with the minimum standards. The

  3  department has the right to enter and inspect the premises of

  4  certified domestic violence centers at any reasonable hour in

  5  order to effectively evaluate the state of compliance of these

  6  centers with this part ss. 415.601-415.608 and rules relating

  7  to this part those sections.

  8         (e)  Adopt rules to implement this part ss.

  9  415.601-415.608.

10         (f)  Promote the involvement of certified domestic

11  violence centers in the coordination, development, and

12  planning of domestic violence programming in the districts and

13  the state.

14         Section 84.  Section 415.604, Florida Statutes, is

15  renumbered as section 39.904, Florida Statutes, and amended to

16  read:

17         39.904 415.604  Report to the Legislature on the status

18  of domestic violence cases.--On or before January 1 of each

19  year, the department of Children and Family Services shall

20  furnish to the President of the Senate and the Speaker of the

21  House of Representatives a report on the status of domestic

22  violence in this state, which report shall include, but is not

23  limited to, the following:

24         (1)  The incidence of domestic violence in this state.

25         (2)  An identification of the areas of the state where

26  domestic violence is of significant proportions, indicating

27  the number of cases of domestic violence officially reported,

28  as well as an assessment of the degree of unreported cases of

29  domestic violence.

30         (3)  An identification and description of the types of

31  programs in the state that assist victims of domestic violence

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  1  or persons who commit domestic violence, including information

  2  on funding for the programs.

  3         (4)  The number of persons who are treated by or

  4  assisted by local domestic violence programs that receive

  5  funding through the department.

  6         (5)  A statement on the effectiveness of such programs

  7  in preventing future domestic violence.

  8         (6)  An inventory and evaluation of existing prevention

  9  programs.

10         (7)  A listing of potential prevention efforts

11  identified by the department; the estimated annual cost of

12  providing such prevention services, both for a single client

13  and for the anticipated target population as a whole; an

14  identification of potential sources of funding; and the

15  projected benefits of providing such services.

16         Section 85.  Section 415.605, Florida Statutes, is

17  renumbered as section 39.905, Florida Statutes, and

18  subsections (1) and (2) and paragraph (a) of subsection (6) of

19  said section are amended, to read:

20         39.905 415.605  Domestic violence centers.--

21         (1)  Domestic violence centers certified under this

22  part ss. 415.601-415.608 must:

23         (a)  Provide a facility which will serve as a center to

24  receive and house persons who are victims of domestic

25  violence. For the purpose of this part ss. 415.601-415.608,

26  minor children and other dependents of a victim, when such

27  dependents are partly or wholly dependent on the victim for

28  support or services, may be sheltered with the victim in a

29  domestic violence center.

30         (b)  Receive the annual written endorsement of local

31  law enforcement agencies.

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  1         (c)  Provide minimum services which include, but are

  2  not limited to, information and referral services, counseling

  3  and case management services, temporary emergency shelter for

  4  more than 24 hours, a 24-hour hotline, training for law

  5  enforcement personnel, assessment and appropriate referral of

  6  resident children, and educational services for community

  7  awareness relative to the incidence of domestic violence, the

  8  prevention of such violence, and the care, treatment, and

  9  rehabilitation for persons engaged in or subject to domestic

10  violence.  If a 24-hour hotline, professional training, or

11  community education is already provided by a certified

12  domestic violence center within a district, the department may

13  exempt such certification requirements for a new center

14  serving the same district in order to avoid duplication of

15  services.

16         (d)  Participate in the provision of orientation and

17  training programs developed for law enforcement officers,

18  social workers, and other professionals and paraprofessionals

19  who work with domestic violence victims to better enable such

20  persons to deal effectively with incidents of domestic

21  violence.

22         (e)  Establish and maintain a board of directors

23  composed of at least three citizens, one of whom must be a

24  member of a local, municipal, or county law enforcement

25  agency.

26         (f)  Comply with rules adopted pursuant to this part

27  ss. 415.601-415.608.

28         (g)  File with the department a list of the names of

29  the domestic violence advocates who are employed or who

30  volunteer at the domestic violence center who may claim a

31  privilege under s. 90.5036 to refuse to disclose a

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  1  confidential communication between a victim of domestic

  2  violence and the advocate regarding the domestic violence

  3  inflicted upon the victim.  The list must include the title of

  4  the position held by the advocate whose name is listed and a

  5  description of the duties of that position.  A domestic

  6  violence center must file amendments to this list as

  7  necessary.

  8         (h)  Demonstrate local need and ability to sustain

  9  operations through a history of 18 consecutive months'

10  operation as a domestic violence center, including 12 months'

11  operation of an emergency shelter as provided in paragraph (c)

12  defined in paragraph (1)(a), and a business plan which

13  addresses future operations and funding of future operations.

14         (i)  If its center is a new center applying for

15  certification, demonstrate that the services provided address

16  a need identified in the most current statewide needs

17  assessment approved by the department.

18         (2)  If the department finds that there is failure by a

19  center to comply with the requirements established under this

20  part ss. 415.601-415.608 or with the rules adopted pursuant

21  thereto, the department may deny, suspend, or revoke the

22  certification of the center.

23         (6)  In order to receive state funds, a center must:

24         (a)  Obtain certification pursuant to this part ss.

25  415.601-415.608. However, the issuance of a certificate will

26  not obligate the department to provide funding.

27         Section 86.  Section 415.606, Florida Statutes, is

28  renumbered as section 39.906, Florida Statutes.

29         Section 87.  Section 415.608, Florida Statutes, is

30  renumbered as section 39.908, Florida Statutes.

31

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  1         Section 88.  Paragraph (b) of subsection (4) of section

  2  20.19, Florida Statutes, is amended to read:

  3         20.19  Department of Children and Family

  4  Services.--There is created a Department of Children and

  5  Family Services.

  6         (4)  PROGRAM OFFICES.--

  7         (b)  The following program offices are established and

  8  may be consolidated, restructured, or rearranged by the

  9  secretary; provided any such consolidation, restructuring, or

10  rearranging is for the purpose of encouraging service

11  integration through more effective and efficient performance

12  of the program offices or parts thereof:

13         1.  Economic Self-Sufficiency Program Office.--The

14  responsibilities of this office encompass income support

15  programs within the department, such as temporary assistance

16  to families with dependent children, food stamps, welfare

17  reform, and state supplementation of the supplemental security

18  income (SSI) program.

19         2.  Developmental Services Program Office.--The

20  responsibilities of this office encompass programs operated by

21  the department for developmentally disabled persons.

22  Developmental disabilities include any disability defined in

23  s. 393.063.

24         3.  Children and Families Program Office.--The

25  responsibilities of this program office encompass early

26  intervention services for children and families at risk;

27  intake services for protective investigation of abandoned,

28  abused, and neglected children; interstate compact on the

29  placement of children programs; adoption; child care;

30  out-of-home care programs and other specialized services to

31  families; and child protection and sexual abuse treatment

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  1  teams created under chapter 39 415, excluding medical

  2  direction functions.

  3         4.  Alcohol, Drug Abuse, and Mental Health Program

  4  Office.--The responsibilities of this office encompass all

  5  alcohol, drug abuse, and mental health programs operated by

  6  the department.

  7         Section 89.  Paragraph (h) of subsection (1) of section

  8  20.43, Florida Statutes, is amended to read:

  9         20.43  Department of Health.--There is created a

10  Department of Health.

11         (1)  The purpose of the Department of Health is to

12  promote and protect the health of all residents and visitors

13  in the state through organized state and community efforts,

14  including cooperative agreements with counties.  The

15  department shall:

16         (h)  Provide medical direction for child protection

17  team and sexual abuse treatment functions created under

18  chapter 39 415.

19         Section 90.  Paragraph (b)2. of subsection (2) of

20  section 61.13, Florida Statutes, is amended to read:

21         61.13  Custody and support of children; visitation

22  rights; power of court in making orders.--

23         (2)

24         (b)

25         2.  The court shall order that the parental

26  responsibility for a minor child be shared by both parents

27  unless the court finds that shared parental responsibility

28  would be detrimental to the child. Evidence that a parent has

29  been convicted of a felony of the third degree or higher

30  involving domestic violence, as defined in s. 741.28 and

31  chapter 775, or meets the criteria of s. 39.806(1)(d)

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  1  39.464(1)(d), creates a rebuttable presumption of detriment to

  2  the child. If the presumption is not rebutted, shared parental

  3  responsibility, including visitation, residence of the child,

  4  and decisions made regarding the child, may not be granted to

  5  the convicted parent. However, the convicted parent is not

  6  relieved of any obligation to provide financial support. If

  7  the court determines that shared parental responsibility would

  8  be detrimental to the child, it may order sole parental

  9  responsibility and make such arrangements for visitation as

10  will best protect the child or abused spouse from further

11  harm. Whether or not there is a conviction of any offense of

12  domestic violence or child abuse or the existence of an

13  injunction for protection against domestic violence, the court

14  shall consider evidence of domestic violence or child abuse as

15  evidence of detriment to the child.

16         a.  In ordering shared parental responsibility, the

17  court may consider the expressed desires of the parents and

18  may grant to one party the ultimate responsibility over

19  specific aspects of the child's welfare or may divide those

20  responsibilities between the parties based on the best

21  interests of the child. Areas of responsibility may include

22  primary residence, education, medical and dental care, and any

23  other responsibilities that the court finds unique to a

24  particular family.

25         b.  The court shall order "sole parental

26  responsibility, with or without visitation rights, to the

27  other parent when it is in the best interests of" the minor

28  child.

29         c.  The court may award the grandparents visitation

30  rights with a minor child if it is in the child's best

31  interest. Grandparents have legal standing to seek judicial

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  1  enforcement of such an award. This section does not require

  2  that grandparents be made parties or given notice of

  3  dissolution pleadings or proceedings, nor do grandparents have

  4  legal standing as "contestants" as defined in s. 61.1306. A

  5  court may not order that a child be kept within the state or

  6  jurisdiction of the court solely for the purpose of permitting

  7  visitation by the grandparents.

  8         Section 91.  Section 61.401, Florida Statutes, is

  9  amended to read:

10         61.401  Appointment of guardian ad litem.--In an action

11  for dissolution of marriage, modification, parental

12  responsibility, custody, or visitation, if the court finds it

13  is in the best interest of the child, the court may appoint a

14  guardian ad litem to act as next friend of the child,

15  investigator or evaluator, not as attorney or advocate. The

16  court in its discretion may also appoint legal counsel for a

17  child to act as attorney or advocate; however, the guardian

18  and the legal counsel shall not be the same person. In such

19  actions which involve an allegation of child abuse,

20  abandonment, or neglect as defined in s. 39.01 415.503(3),

21  which allegation is verified and determined by the court to be

22  well-founded, the court shall appoint a guardian ad litem for

23  the child. The guardian ad litem shall be a party to any

24  judicial proceeding from the date of the appointment until the

25  date of discharge.

26         Section 92.  Subsection (4) of section 63.052, Florida

27  Statutes, is amended to read:

28         63.052  Guardians designated; proof of commitment.--

29         (4)  If a child is voluntarily surrendered to an

30  intermediary for subsequent adoption and the adoption does not

31  become final within 180 days, the intermediary must report to

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  1  the court on the status of the child and the court may at that

  2  time proceed under s. 39.701 39.453 or take action reasonably

  3  necessary to protect the best interest of the child.

  4         Section 93.  Paragraph (b) of subsection (2) of section

  5  63.092, Florida Statutes, is amended to read:

  6         63.092  Report to the court of intended placement by an

  7  intermediary; preliminary study.--

  8         (2)  PRELIMINARY HOME STUDY.--Before placing the minor

  9  in the intended adoptive home, a preliminary home study must

10  be performed by a licensed child-placing agency, a licensed

11  professional, or agency described in s. 61.20(2), unless the

12  petitioner is a stepparent, a spouse of the birth parent, or a

13  relative.  The preliminary study shall be completed within 30

14  days after the receipt by the court of the intermediary's

15  report, but in no event may the child be placed in the

16  prospective adoptive home prior to the completion of the

17  preliminary study unless ordered by the court.  If the

18  petitioner is a stepparent, a spouse of the birth parent, or a

19  relative, the preliminary home study may be required by the

20  court for good cause shown.  The department is required to

21  perform the preliminary home study only if there is no

22  licensed child-placing agency, licensed professional, or

23  agency described in s. 61.20(2), in the county where the

24  prospective adoptive parents reside.  The preliminary home

25  study must be made to determine the suitability of the

26  intended adoptive parents and may be completed prior to

27  identification of a prospective adoptive child.  A favorable

28  preliminary home study is valid for 1 year after the date of

29  its completion.  A child must not be placed in an intended

30  adoptive home before a favorable preliminary home study is

31  completed unless the adoptive home is also a licensed foster

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  1  home under s. 409.175.  The preliminary home study must

  2  include, at a minimum:

  3         (b)  Records checks of the department's central abuse

  4  registry under chapter 415 and statewide criminal records

  5  correspondence checks through the Department of Law

  6  Enforcement on the intended adoptive parents;

  7

  8  If the preliminary home study is favorable, a minor may be

  9  placed in the home pending entry of the judgment of adoption.

10  A minor may not be placed in the home if the preliminary home

11  study is unfavorable.  If the preliminary home study is

12  unfavorable, the intermediary or petitioner may, within 20

13  days after receipt of a copy of the written recommendation,

14  petition the court to determine the suitability of the

15  intended adoptive home.  A determination as to suitability

16  under this subsection does not act as a presumption of

17  suitability at the final hearing.  In determining the

18  suitability of the intended adoptive home, the court must

19  consider the totality of the circumstances in the home.

20         Section 94.  Subsection (2) of section 90.5036, Florida

21  Statutes, is amended to read:

22         90.5036  Domestic violence advocate-victim privilege.--

23         (2)  A victim has a privilege to refuse to disclose,

24  and to prevent any other person from disclosing, a

25  confidential communication made by the victim to a domestic

26  violence advocate or any record made in the course of

27  advising, counseling, or assisting the victim.  The privilege

28  applies to confidential communications made between the victim

29  and the domestic violence advocate and to records of those

30  communications only if the advocate is registered under s.

31  39.905 415.605 at the time the communication is made.  This

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  1  privilege includes any advice given by the domestic violence

  2  advocate in the course of that relationship.

  3         Section 95.  Section 154.067, Florida Statutes, is

  4  amended to read:

  5         154.067  Child abuse and neglect cases; duties.--The

  6  Department of Health shall adopt a rule requiring every county

  7  health department, as described in s. 154.01, to adopt a

  8  protocol that, at a minimum, requires the county health

  9  department to:

10         (1)  Incorporate in its health department policy a

11  policy that every staff member has an affirmative duty to

12  report, pursuant to chapter 39 415, any actual or suspected

13  case of child abuse, abandonment, or neglect; and

14         (2)  In any case involving suspected child abuse,

15  abandonment, or neglect, designate, at the request of the

16  department, a staff physician to act as a liaison between the

17  county health department and the Department of Children and

18  Family Services office that is investigating the suspected

19  abuse, abandonment, or neglect, and the child protection team,

20  as defined in s. 39.01 415.503, when the case is referred to

21  such a team.

22         Section 96.  Subsection (15) of section 213.053,

23  Florida Statutes, is amended to read:

24         213.053  Confidentiality and information sharing.--

25         (15)  The department may disclose confidential taxpayer

26  information contained in returns, reports, accounts, or

27  declarations filed with the department by persons subject to

28  any state or local tax to the child support enforcement

29  program, to assist in the location of parents who owe or

30  potentially owe a duty of support pursuant to Title IV-D of

31  the Social Security Act, their assets, their income, and their

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  1  employer, and to the Department of Children and Family

  2  Services for the purpose of diligent search activities

  3  pursuant to chapter 39. Nothing in this subsection authorizes

  4  the disclosure of information if such disclosure is prohibited

  5  by federal law. Employees of the child support enforcement

  6  program and of the Department of Children and Family Services

  7  are bound by the same requirements of confidentiality and the

  8  same penalties for violation of the requirements as the

  9  department.

10         Section 97.  Paragraph (a) of subsection (8) of section

11  216.136, Florida Statutes, is amended to read:

12         216.136  Consensus estimating conferences; duties and

13  principals.--

14         (8)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--

15         (a)  Duties.--The Child Welfare System Estimating

16  Conference shall develop the following information relating to

17  the child welfare system:

18         1.  Estimates and projections of the number of initial

19  and additional reports of child abuse, abandonment, or neglect

20  made to the central abuse hotline registry and tracking system

21  maintained by the Department of Children and Family Health and

22  Rehabilitative Services as established in s. 39.201(4)

23  415.504(4)(a).

24         2.  Estimates and projections of the number of children

25  who are alleged to be victims of child abuse, abandonment, or

26  neglect and are in need of placement in a an emergency

27  shelter.

28

29  In addition, the conference shall develop other official

30  information relating to the child welfare system of the state

31  which the conference determines is needed for the state

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  1  planning and budgeting system.  The Department of Children and

  2  Family Health and Rehabilitative Services shall provide

  3  information on the child welfare system requested by the Child

  4  Welfare System Estimating Conference, or individual conference

  5  principals, in a timely manner.

  6         Section 98.  Section 232.50, Florida Statutes, is

  7  amended to read:

  8         232.50  Child abuse, abandonment, and neglect

  9  policy.--Every school board shall by March 1, 1985:

10         (1)  Post in a prominent place in each school a notice

11  that, pursuant to chapter 39 415, all employees or agents of

12  the district school board have an affirmative duty to report

13  all actual or suspected cases of child abuse, abandonment, or

14  neglect, have immunity from liability if they report such

15  cases in good faith, and have a duty to comply with child

16  protective investigations and all other provisions of law

17  relating to child abuse, abandonment, and neglect.  The notice

18  shall also include the statewide toll-free telephone number of

19  the state abuse registry.

20         (2)  Provide that the superintendent, or the

21  superintendent's designee, at the request of the Department of

22  Children and Family Health and Rehabilitative Services, will

23  act as a liaison to the Department of Children and Family

24  Health and Rehabilitative Services and the child protection

25  team, as defined in s. 39.01 415.503, when in a case of

26  suspected child abuse, abandonment, or neglect or an unlawful

27  sexual offense involving a child the case is referred to such

28  a team; except that this subsection may in no instance be

29  construed as relieving or restricting the Department of

30  Children and Family Health and Rehabilitative Services from

31  discharging its duty and responsibility under the law to

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  1  investigate and report every suspected or actual case of child

  2  abuse, abandonment, or neglect or unlawful sexual offense

  3  involving a child.

  4

  5  Each district school board shall comply with the provisions of

  6  this section, and such board shall notify the Department of

  7  Education and the Department of Children and Family Health and

  8  Rehabilitative Services of its compliance by March 1, 1985.

  9         Section 99.  Paragraph (a) of subsection (2) of section

10  318.21, Florida Statutes, as amended by section 2(1) of

11  chapter 97-235, Laws of Florida, is amended to read:

12         318.21  Disposition of civil penalties by county

13  courts.--All civil penalties received by a county court

14  pursuant to the provisions of this chapter shall be

15  distributed and paid monthly as follows:

16         (2)  Of the remainder:

17         (a)  Fifteen and six-tenths percent shall be paid to

18  the General Revenue Fund of the state, except that the first

19  $300,000 shall be deposited into the Grants and Donations

20  Trust Fund in the Department of Children and Family Services

21  for administrative costs, training costs, and costs associated

22  with the implementation and maintenance of Florida foster care

23  citizen review panels as provided for in s. 39.702 39.4531.

24         Section 100.  Effective July 1, 1999, paragraph (a) of

25  subsection (2) of section 318.21, as amended by section 3(1)

26  of chapter 97-235, Laws of Florida, is amended to read:

27         318.21  Disposition of civil penalties by county

28  courts.--All civil penalties received by a county court

29  pursuant to the provisions of this chapter shall be

30  distributed and paid monthly as follows:

31         (2)  Of the remainder:

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  1         (a)  Ten and six-tenths percent shall be paid to the

  2  General Revenue Fund of the state, except that the first

  3  $300,000 shall be deposited into the Grants and Donations

  4  Trust Fund in the Department of Children and Family Services

  5  for administrative costs, training costs, and costs associated

  6  with the implementation and maintenance of Florida foster care

  7  citizen review panels as provided for in s. 39.702 39.4531.

  8         Section 101.  Effective July 1, 2000, paragraph (a) of

  9  subsection (2) of section 318.21, Florida Statutes, as amended

10  by section 4(1) of chapter 97-235, Laws of Florida, is amended

11  to read:

12         318.21  Disposition of civil penalties by county

13  courts.--All civil penalties received by a county court

14  pursuant to the provisions of this chapter shall be

15  distributed and paid monthly as follows:

16         (2)  Of the remainder:

17         (a)  Five and six-tenths percent shall be paid to the

18  General Revenue Fund of the state, except that the first

19  $300,000 shall be deposited into the Grants and Donations

20  Trust Fund in the Department of Children and Family Services

21  for administrative costs, training costs, and costs associated

22  with the implementation and maintenance of Florida foster care

23  citizen review panels as provided for in s. 39.702 39.4531.

24         Section 102.  Effective July 1, 2001, paragraph (a) of

25  subsection (2) of section 318.21, Florida Statutes, as amended

26  by section 5(1) of chapter 97-235, Laws of Florida, is amended

27  to read:

28         318.21  Disposition of civil penalties by county

29  courts.--All civil penalties received by a county court

30  pursuant to the provisions of this chapter shall be

31  distributed and paid monthly as follows:

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  1         (2)  Of the remainder:

  2         (a)  Twenty and six-tenths percent shall be paid to the

  3  County Article V Trust Fund, except that the first $300,000

  4  shall be deposited into the Grants and Donations Trust Fund in

  5  the Department of Children and Family Services for

  6  administrative costs, training costs, and costs associated

  7  with the implementation and maintenance of Florida foster care

  8  citizen review panels as provided for in s. 39.702 39.4531.

  9         Section 103.  Effective July 1, 2002, paragraph (a) of

10  subsection (2) of section 318.21, Florida Statutes, as amended

11  by section 6 of chapter 97-235, Laws of Florida, is amended to

12  read:

13         318.21  Disposition of civil penalties by county

14  courts.--All civil penalties received by a county court

15  pursuant to the provisions of this chapter shall be

16  distributed and paid monthly as follows:

17         (2)  Of the remainder:

18         (a)  Twenty and six-tenths percent shall be paid to the

19  General Revenue Fund of the state, except that the first

20  $300,000 shall be deposited into the Grants and Donations

21  Trust Fund in the Department of Children and Family Services

22  for administrative costs, training costs, and costs associated

23  with the implementation and maintenance of Florida foster care

24  citizen review panels as provided for in s. 39.702 39.4531.

25         Section 104.  Paragraph (e) of subsection (1) of

26  section 384.29, Florida Statutes, is amended to read:

27         384.29  Confidentiality.--

28         (1)  All information and records held by the department

29  or its authorized representatives relating to known or

30  suspected cases of sexually transmissible diseases are

31  strictly confidential and exempt from the provisions of s.

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  1  119.07(1).  Such information shall not be released or made

  2  public by the department or its authorized representatives, or

  3  by a court or parties to a lawsuit upon revelation by

  4  subpoena, except under the following circumstances:

  5         (e)  When made to the proper authorities as required by

  6  chapter 39 or chapter 415.

  7         Section 105.  Paragraph (e) of subsection (1) of

  8  section 392.65, Florida Statutes, is amended to read:

  9         392.65  Confidentiality.--

10         (1)  All information and records held by the department

11  or its authorized representatives relating to known or

12  suspected cases of tuberculosis or exposure to tuberculosis

13  shall be strictly confidential and exempt from s. 119.07(1).

14  Such information shall not be released or made public by the

15  department or its authorized representatives or by a court or

16  parties to a lawsuit, except that release may be made under

17  the following circumstances:

18         (e)  When made to the proper authorities as required by

19  chapter 39 or chapter 415.

20         Section 106.  The introductory paragraph of subsection

21  (14) of section 393.063, Florida Statutes, is amended to read:

22         393.063  Definitions.--For the purposes of this

23  chapter:

24         (14)  "Direct service provider," also known as

25  "caregiver" in chapters 39 and chapter 415 or "caretaker" in

26  provisions relating to employment security checks, means a

27  person 18 years of age or older who has direct contact with

28  individuals with developmental disabilities and is unrelated

29  to the individuals with developmental disabilities.

30         Section 107.  Section 395.1023, Florida Statutes, is

31  amended to read:

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  1         395.1023  Child abuse and neglect cases; duties.--Each

  2  licensed facility shall adopt a protocol that, at a minimum,

  3  requires the facility to:

  4         (1)  Incorporate a facility policy that every staff

  5  member has an affirmative duty to report, pursuant to chapter

  6  39 415, any actual or suspected case of child abuse,

  7  abandonment, or neglect; and

  8         (2)  In any case involving suspected child abuse,

  9  abandonment, or neglect, designate, at the request of the

10  department, a staff physician to act as a liaison between the

11  hospital and the Department of Children and Family Services

12  office which is investigating the suspected abuse,

13  abandonment, or neglect, and the child protection team, as

14  defined in s. 39.01 415.503, when the case is referred to such

15  a team.

16

17  Each general hospital and appropriate specialty hospital shall

18  comply with the provisions of this section and shall notify

19  the agency and the department of its compliance by sending a

20  copy of its policy to the agency and the department as

21  required by rule. The failure by a general hospital or

22  appropriate specialty hospital to comply shall be punished by

23  a fine not exceeding $1,000, to be fixed, imposed, and

24  collected by the agency.  Each day in violation is considered

25  a separate offense.

26         Section 108.  Section 400.4174, Florida Statutes, is

27  amended to read:

28         400.4174  Reports of abuse in facilities.--When an

29  employee, volunteer, administrator, or owner of a facility has

30  a confirmed report of adult abuse, neglect, or exploitation,

31  as defined in s. 415.102, or a judicially determined report of

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  1  child abuse, abandonment, or neglect, as defined in s. 39.01

  2  415.503, and the protective investigator knows that the

  3  individual is an employee, volunteer, administrator, or owner

  4  of a facility, the agency shall be notified of the confirmed

  5  report.

  6         Section 109.  Paragraph (c) of subsection (2) of

  7  section 400.556, Florida Statutes, is amended to read:

  8         400.556  Denial, suspension, revocation of license;

  9  administrative fines; investigations and inspections.--

10         (2)  Each of the following actions by the owner of an

11  adult day care center or by its operator or employee is a

12  ground for action by the agency against the owner of the

13  center or its operator or employee:

14         (c)  A confirmed report of adult abuse, neglect, or

15  exploitation, as defined in s. 415.102, or a report of child

16  abuse, abandonment, or neglect, as defined in s. 39.01

17  415.503, which report has been upheld following a hearing held

18  pursuant to chapter 120 or a waiver of such hearing.

19         Section 110.  Paragraph (a) of subsection (8) of

20  section 402.165, Florida Statutes, is amended to read:

21         402.165  Statewide Human Rights Advocacy Committee;

22  confidential records and meetings.--

23         (8)(a)  In the performance of its duties, the Statewide

24  Human Rights Advocacy Committee shall have:

25         1.  Authority to receive, investigate, seek to

26  conciliate, hold hearings on, and act on complaints which

27  allege any abuse or deprivation of constitutional or human

28  rights of clients.

29         2.  Access to all client records, files, and reports

30  from any program, service, or facility that is operated,

31  funded, licensed, or regulated by the Department of Children

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  1  and Family Health and Rehabilitative Services and any records

  2  which are material to its investigation and which are in the

  3  custody of any other agency or department of government.  The

  4  committee's investigation or monitoring shall not impede or

  5  obstruct matters under investigation by law enforcement or

  6  judicial authorities.  Access shall not be granted if a

  7  specific procedure or prohibition for reviewing records is

  8  required by federal law and regulation which supersedes state

  9  law. Access shall not be granted to the records of a private

10  licensed practitioner who is providing services outside

11  agencies and facilities and whose client is competent and

12  refuses disclosure.

13         3.  Standing to petition the circuit court for access

14  to client records which are confidential as specified by law.

15  The petition shall state the specific reasons for which the

16  committee is seeking access and the intended use of such

17  information.  The court may authorize committee access to such

18  records upon a finding that such access is directly related to

19  an investigation regarding the possible deprivation of

20  constitutional or human rights or the abuse of a client.

21  Original client files, records, and reports shall not be

22  removed from the Department of Children and Family Health and

23  Rehabilitative Services or agency facilities.  Under no

24  circumstance shall the committee have access to confidential

25  adoption records in accordance with the provisions of ss.

26  39.0132 39.411, 63.022, and 63.162.  Upon completion of a

27  general investigation of practices and procedures of the

28  Department of Children and Family Health and Rehabilitative

29  Services, the committee shall report its findings to that

30  department.

31

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  1         Section 111.  Paragraph (a) of subsection (8) of

  2  section 402.166, Florida Statutes, is amended to read:

  3         402.166  District human rights advocacy committees;

  4  confidential records and meetings.--

  5         (8)(a)  In the performance of its duties, a district

  6  human rights advocacy committee shall have:

  7         1.  Access to all client records, files, and reports

  8  from any program, service, or facility that is operated,

  9  funded, licensed, or regulated by the Department of Children

10  and Family Health and Rehabilitative Services and any records

11  which are material to its investigation and which are in the

12  custody of any other agency or department of government.  The

13  committee's investigation or monitoring shall not impede or

14  obstruct matters under investigation by law enforcement or

15  judicial authorities. Access shall not be granted if a

16  specific procedure or prohibition for reviewing records is

17  required by federal law and regulation which supersedes state

18  law.  Access shall not be granted to the records of a private

19  licensed practitioner who is providing services outside

20  agencies and facilities and whose client is competent and

21  refuses disclosure.

22         2.  Standing to petition the circuit court for access

23  to client records which are confidential as specified by law.

24  The petition shall state the specific reasons for which the

25  committee is seeking access and the intended use of such

26  information.  The court may authorize committee access to such

27  records upon a finding that such access is directly related to

28  an investigation regarding the possible deprivation of

29  constitutional or human rights or the abuse of a client.

30  Original client files, records, and reports shall not be

31  removed from Department of Children and Family Health and

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  1  Rehabilitative Services or agency facilities.  Upon no

  2  circumstances shall the committee have access to confidential

  3  adoption records in accordance with the provisions of ss.

  4  39.0132 39.411, 63.022, and 63.162. Upon completion of a

  5  general investigation of practices and procedures of the

  6  Department of Children and Family Health and Rehabilitative

  7  Services, the committee shall report its findings to that

  8  department.

  9         Section 112.  Section 409.1672, Florida Statutes, is

10  amended to read:

11         409.1672  Incentives for department employees.--In

12  order to promote accomplishing the goal of family

13  preservation, family reunification, or permanent placement of

14  a child in an adoptive home, the department may, pursuant to

15  s. 110, chapter 92-142, Laws of Florida, or subsequent

16  legislative authority and within existing resources, develop

17  monetary performance incentives such as bonuses, salary

18  increases, and educational enhancements for department

19  employees engaged in positions and activities related to the

20  child welfare system under chapter 39, chapter 415, or this

21  chapter who demonstrate outstanding work in these areas.

22         Section 113.  Subsection (8) and paragraph (c) of

23  subsection (9) of section 409.176, Florida Statutes, are

24  amended to read:

25         409.176  Registration of residential child-caring

26  agencies and family foster homes.--

27         (8)  The provisions of chapters 39 415 and 827

28  regarding child abuse, abandonment, and neglect and the

29  provisions of s. 409.175 and chapter 435 regarding screening

30  apply to any facility registered under this section.

31

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  1         (9)  The qualified association may deny, suspend, or

  2  revoke the registration of a Type II facility which:

  3         (c)  Violates the provisions of chapter 39 415 or

  4  chapter 827 regarding child abuse, abandonment, and neglect or

  5  the provisions of s. 409.175 or chapter 435 regarding

  6  screening.

  7

  8  The qualified association shall notify the department within

  9  10 days of the suspension or revocation of the registration of

10  any Type II facility registered under this section.

11         Section 114.  Paragraph (b) of subsection (10) of

12  section 409.2554, Florida Statutes, is amended to read:

13         409.2554  Definitions.--As used in ss.

14  409.2551-409.2598, the term:

15         (10)  "Support" means:

16         (b)  Support for a child who is placed under the

17  custody of someone other than the custodial parent pursuant to

18  s. 39.508 39.41.

19         Section 115.  Section 409.2577, Florida Statutes, is

20  amended to read:

21         409.2577  Parent locator service.--The department shall

22  establish a parent locator service to assist in locating

23  parents who have deserted their children and other persons

24  liable for support of dependent children.  The department

25  shall use all sources of information available, including the

26  Federal Parent Locator Service, and may request and shall

27  receive information from the records of any person or the

28  state or any of its political subdivisions or any officer

29  thereof. Any agency as defined in s. 120.52, any political

30  subdivision, and any other person shall, upon request, provide

31  the department any information relating to location, salary,

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  1  insurance, social security, income tax, and employment history

  2  necessary to locate parents who owe or potentially owe a duty

  3  of support pursuant to Title IV-D of the Social Security Act.

  4  This provision shall expressly take precedence over any other

  5  statutory nondisclosure provision which limits the ability of

  6  an agency to disclose such information, except that law

  7  enforcement information as provided in s. 119.07(3)(i) is not

  8  required to be disclosed, and except that confidential

  9  taxpayer information possessed by the Department of Revenue

10  shall be disclosed only to the extent authorized in s.

11  213.053(15).  Nothing in this section requires the disclosure

12  of information if such disclosure is prohibited by federal

13  law. Information gathered or used by the parent locator

14  service is confidential and exempt from the provisions of s.

15  119.07(1). Additionally, the department is authorized to

16  collect any additional information directly bearing on the

17  identity and whereabouts of a person owing or asserted to be

18  owing an obligation of support for a dependent child.

19  Information gathered or used by the parent locator service is

20  confidential and exempt from the provisions of s. 119.07(1).

21  The department may make such information available only to

22  public officials and agencies of this state; political

23  subdivisions of this state; the custodial parent, legal

24  guardian, attorney, or agent of the child; and other states

25  seeking to locate parents who have deserted their children and

26  other persons liable for support of dependents, for the sole

27  purpose of establishing, modifying, or enforcing their

28  liability for support, and shall make such information

29  available to the Department of Children and Family Services

30  for the purpose of diligent search activities pursuant to

31  chapter 39. If the department has reasonable evidence of

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  1  domestic violence or child abuse and the disclosure of

  2  information could be harmful to the custodial parent or the

  3  child of such parent, the child support program director or

  4  designee shall notify the Department of Children and Family

  5  Services and the Secretary of the United States Department of

  6  Health and Human Services of this evidence. Such evidence is

  7  sufficient grounds for the department to disapprove an

  8  application for location services.

  9         Section 116.  Paragraph (a) of subsection (1) of

10  section 409.9126, Florida Statutes, is amended to read:

11         409.9126  Children with special health care needs.--

12         (1)  As used in this section:

13         (a)  "Children's Medical Services network" means an

14  alternative service network that includes health care

15  providers and health care facilities specified in chapter 391

16  and ss. 39.303, 383.15-383.21, and 383.216, and 415.5055.

17         Section 117.  Paragraph (f) of subsection (5) of

18  section 414.065, Florida Statutes, is amended to read:

19         414.065  Work requirements.--

20         (5)  CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR

21  CHILDREN; PROTECTIVE PAYEES.--

22         (f)  If the department is unable to designate a

23  qualified protective payee or authorized representative, a

24  referral shall be made under the provisions of chapter 39 415

25  for protective intervention.

26         Section 118.  Section  415.5076, Florida Statutes, is

27  created to read:

28         415.5076  Definitions of terms used in ss.

29  415.5077-415.5089.--As used in ss. 415.5077-415.5089:

30         (1)  "Guardian ad litem" as referred to in any civil or

31  criminal proceeding includes the following: a certified

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  1  guardian ad litem program, a duly certified volunteer, a staff

  2  attorney, contract attorney, or certified pro bono attorney

  3  working on behalf of a guardian ad litem or the program; staff

  4  members of a program office; a court-appointed attorney; or a

  5  responsible adult who is appointed by the court to represent

  6  the best interests of a child in a proceeding as provided for

  7  by law, including, but not limited to, chapter 39 and this

  8  chapter, who is a party to any judicial proceeding as a

  9  representative of the child, and who serves until discharged

10  by the court.

11         (2)  "Guardian advocate" means a person appointed by

12  the court to act on behalf of a drug dependent newborn

13  pursuant to the provisions in ss. 415.5082-415.5089.

14         Section 119.  Section 415.5082, Florida Statutes, is

15  amended to read:

16         415.5082  Guardian advocates for drug dependent

17  newborns.--The Legislature finds that increasing numbers of

18  drug dependent children are born in this state.  Because of

19  the parents' continued dependence upon drugs, the parents may

20  temporarily leave their child with a relative or other adult

21  or may have agreed to voluntary family services under s.

22  39.301(8) 415.505(1)(e).  The relative or other adult may be

23  left with a child who is likely to require medical treatment

24  but for whom they are unable to obtain medical treatment.  The

25  purpose of this section is to provide an expeditious method

26  for such relatives or other responsible adults to obtain a

27  court order which allows them to provide consent for medical

28  treatment and otherwise advocate for the needs of the child

29  and to provide court review of such authorization.

30         Section 120.  Paragraph (a) of subsection (1) of

31  section 415.5087, Florida Statutes, is amended to read:

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  1         415.5087  Grounds for appointment of a guardian

  2  advocate.--

  3         (1)  The court shall appoint the person named in the

  4  petition as a guardian advocate with all the powers and duties

  5  specified in s. 415.5088 for an initial term of 1 year upon a

  6  finding that:

  7         (a)  The child named in the petition is or was a drug

  8  dependent newborn as described in s. 39.01(30)(a)2.

  9  415.503(10)(a)2.;

10         Section 121.  Section 435.045, Florida Statutes, is

11  created to read:

12         435.045  Requirements for prospective foster or

13  adoptive parents.--

14         (1)  Unless an election provided for in subsection (2)

15  is made with respect to the state, the department shall

16  conduct criminal records checks equivalent to the level 2

17  screening required in s. 435.04(1) for any prospective foster

18  or adoptive parent before the foster or adoptive parent may be

19  finally approved for placement of a child on whose behalf

20  foster care maintenance payments or adoption assistance

21  payments under s. 471 of the Social Security Act, 42 U.S.C.

22  671, are to be made. Approval shall not be granted:

23         (a)  In any case in which a record check reveals a

24  felony conviction for child abuse, abandonment, or neglect;

25  for spousal abuse; for a crime against children, including

26  child pornography, or for a crime involving violence,

27  including rape, sexual assault, or homicide but not including

28  other physical assault or battery, if the department finds

29  that a court of competent jurisdiction has determined that the

30  felony was committed at any time; and

31

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  1         (b)  In any case in which a record check reveals a

  2  felony conviction for physical assault, battery, or a

  3  drug-related offense, if the department finds that a court of

  4  competent jurisdiction has determined that the felony was

  5  committed within the past 5 years.

  6         (2)  For purposes of this section, and ss. 39.401(3)

  7  and 39.508(9)(b) and (10)(a), the department and its

  8  authorized agents or contract providers are hereby designated

  9  a criminal justice agency for the purposes of accessing

10  criminal justice information, including National Crime

11  Information Center information, to be used for enforcing

12  Florida's laws concerning the crimes of child abuse,

13  abandonment, and neglect. This information shall be used

14  solely for purposes supporting the detection, apprehension,

15  prosecution, pretrial release, posttrial release, or

16  rehabilitation of criminal offenders or persons accused of the

17  crimes of child abuse, abandonment, or neglect and shall not

18  be further disseminated or used for any other purposes.

19         (3)  Subsection (2) shall not apply if the Governor has

20  notified the Secretary of the United States Department of

21  Health and Human Services in writing that the state has

22  elected to make subsection (2) inapplicable to the state, or

23  if the Legislature, by law, has elected to make subsection (2)

24  inapplicable to the state.

25         Section 122.  Section 447.401, Florida Statutes, is

26  amended to read:

27         447.401  Grievance procedures.--Each public employer

28  and bargaining agent shall negotiate a grievance procedure to

29  be used for the settlement of disputes between employer and

30  employee, or group of employees, involving the interpretation

31  or application of a collective bargaining agreement.  Such

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  1  grievance procedure shall have as its terminal step a final

  2  and binding disposition by an impartial neutral, mutually

  3  selected by the parties; however, when the issue under appeal

  4  is an allegation of abuse, abandonment, or neglect by an

  5  employee under s. 39.201 or s. 415.1075 or s. 415.504, the

  6  grievance may not be decided until the abuse, abandonment, or

  7  neglect of a child has been judicially determined or until a

  8  confirmed report of abuse or neglect of a disabled adult or

  9  elderly person has been upheld pursuant to the procedures for

10  appeal in s. ss. 415.1075 and 415.504.  However, an arbiter or

11  other neutral shall not have the power to add to, subtract

12  from, modify, or alter the terms of a collective bargaining

13  agreement.  If an employee organization is certified as the

14  bargaining agent of a unit, the grievance procedure then in

15  existence may be the subject of collective bargaining, and any

16  agreement which is reached shall supersede the previously

17  existing procedure.  All public employees shall have the right

18  to a fair and equitable grievance procedure administered

19  without regard to membership or nonmembership in any

20  organization, except that certified employee organizations

21  shall not be required to process grievances for employees who

22  are not members of the organization.  A career service

23  employee shall have the option of utilizing the civil service

24  appeal procedure, an unfair labor practice procedure, or a

25  grievance procedure established under this section, but such

26  employee is precluded from availing himself or herself to more

27  than one of these procedures.

28         Section 123.  Paragraph (d) of subsection (1) of

29  section 464.018, Florida Statutes, is amended to read:

30         464.018  Disciplinary actions.--

31

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  1         (1)  The following acts shall be grounds for

  2  disciplinary action set forth in this section:

  3         (d)  Being found guilty, regardless of adjudication, of

  4  any of the following offenses:

  5         1.  A forcible felony as defined in chapter 776.

  6         2.  A violation of chapter 812, relating to theft,

  7  robbery, and related crimes.

  8         3.  A violation of chapter 817, relating to fraudulent

  9  practices.

10         4.  A violation of chapter 800, relating to lewdness

11  and indecent exposure.

12         5.  A violation of chapter 784, relating to assault,

13  battery, and culpable negligence.

14         6.  A violation of chapter 827, relating to child

15  abuse.

16         7.  A violation of chapter 415, relating to protection

17  from abuse, neglect, and exploitation.

18         8.  A violation of chapter 39, relating to child abuse,

19  abandonment, and neglect.

20         Section 124.  Paragraph (a) of subsection (2) of

21  section 490.014, Florida Statutes, is amended to read:

22         490.014  Exemptions.--

23         (2)  No person shall be required to be licensed or

24  provisionally licensed under this chapter who:

25         (a)  Is a salaried employee of a government agency;

26  developmental services program, mental health, alcohol, or

27  drug abuse facility operating pursuant to chapter 393, chapter

28  394, or chapter 397; subsidized child care program, subsidized

29  child care case management program, or child care resource and

30  referral program operating pursuant to chapter 402;

31  child-placing or child-caring agency licensed pursuant to

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  1  chapter 409; domestic violence center certified pursuant to

  2  chapter 39 415; accredited academic institution; or research

  3  institution, if such employee is performing duties for which

  4  he or she was trained and hired solely within the confines of

  5  such agency, facility, or institution.

  6         Section 125.  Paragraph (a) of subsection (4) of

  7  section 491.014, Florida Statutes, is amended to read:

  8         491.014  Exemptions.--

  9         (4)  No person shall be required to be licensed,

10  provisionally licensed, registered, or certified under this

11  chapter who:

12         (a)  Is a salaried employee of a government agency;

13  developmental services program, mental health, alcohol, or

14  drug abuse facility operating pursuant to chapter 393, chapter

15  394, or chapter 397; subsidized child care program, subsidized

16  child care case management program, or child care resource and

17  referral program operating pursuant to chapter 402;

18  child-placing or child-caring agency licensed pursuant to

19  chapter 409; domestic violence center certified pursuant to

20  chapter 39 415; accredited academic institution; or research

21  institution, if such employee is performing duties for which

22  he or she was trained and hired solely within the confines of

23  such agency, facility, or institution.

24         Section 126.  Paragraph (b) of subsection (3) of

25  section 741.30, Florida Statutes, is amended to read:

26         741.30  Domestic violence; injunction; powers and

27  duties of court and clerk; petition; notice and hearing;

28  temporary injunction; issuance of injunction; statewide

29  verification system; enforcement.--

30         (3)

31

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  1         (b)  The sworn petition shall be in substantially the

  2  following form:

  3

  4                           PETITION FOR

  5                    INJUNCTION FOR PROTECTION

  6                    AGAINST DOMESTIC VIOLENCE

  7

  8  Before me, the undersigned authority, personally appeared

  9  Petitioner ...(Name)..., who has been sworn and says that the

10  following statements are true:

11         (a)  Petitioner resides at: ...(address)...

12         (Petitioner may furnish address to the court in a

13  separate confidential filing if, for safety reasons, the

14  petitioner requires the location of the current residence to

15  be confidential.)

16         (b)  Respondent resides at: ...(last known address)...

17         (c)  Respondent's last known place of employment:

18  ...(name of business and address)...

19         (d)  Physical description of respondent: ....

20         Race....

21         Sex....

22         Date of birth....

23         Height....

24         Weight....

25         Eye color....

26         Hair color....

27         Distinguishing marks or scars....

28         (e)  Aliases of respondent: ....

29         (f)  Respondent is the spouse or former spouse of the

30  petitioner or is any other person related by blood or marriage

31  to the petitioner or is any other person who is or was

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  1  residing within a single dwelling unit with the petitioner, as

  2  if a family, or is a person with whom the petitioner has a

  3  child in common, regardless of whether the petitioner and

  4  respondent are or were married or residing together, as if a

  5  family.

  6         (g)  The following describes any other cause of action

  7  currently pending between the petitioner and respondent: .....

  8  ..............................................................

  9         The petitioner should also describe any previous or

10  pending attempts by the petitioner to obtain an injunction for

11  protection against domestic violence in this or any other

12  circuit, and the results of that attempt......................

13  ..............................................................

14  Case numbers should be included if available.

15         (h)  Petitioner has suffered or has reasonable cause to

16  fear imminent domestic violence because respondent has: ......

17         (i)  Petitioner alleges the following additional

18  specific facts: (mark appropriate sections)

19         ....Petitioner is the custodian of a minor child or

20  children whose names and ages are as follows: ................

21         ....Petitioner needs the exclusive use and possession

22  of the dwelling that the parties share.

23         ....Petitioner is unable to obtain safe alternative

24  housing because: .............................................

25         ....Petitioner genuinely fears that respondent

26  imminently will abuse, remove, or hide the minor child or

27  children from petitioner because: ............................

28  ..............................................................

29         (j)  Petitioner genuinely fears imminent domestic

30  violence by respondent.

31

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  1         (k)  Petitioner seeks an injunction: (mark appropriate

  2  section or sections)

  3         ....Immediately restraining the respondent from

  4  committing any acts of domestic violence.

  5         ....Restraining the respondent from committing any acts

  6  of domestic violence.

  7         ....Awarding to the petitioner the temporary exclusive

  8  use and possession of the dwelling that the parties share or

  9  excluding the respondent from the residence of the petitioner.

10         ....Awarding temporary custody of, or temporary

11  visitation rights with regard to, the minor child or children

12  of the parties, or prohibiting or limiting visitation to that

13  which is supervised by a third party.

14         ....Establishing temporary support for the minor child

15  or children or the petitioner.

16         ....Directing the respondent to participate in a

17  batterers' intervention program or other treatment pursuant to

18  s. 39.901 415.601.

19         ....Providing any terms the court deems necessary for

20  the protection of a victim of domestic violence, or any minor

21  children of the victim, including any injunctions or

22  directives to law enforcement agencies.

23         Section 127.  Subsection (3) of section 744.309,

24  Florida Statutes, is amended to read:

25         744.309  Who may be appointed guardian of a resident

26  ward.--

27         (3)  DISQUALIFIED PERSONS.--No person who has been

28  convicted of a felony or who, from any incapacity or illness,

29  is incapable of discharging the duties of a guardian, or who

30  is otherwise unsuitable to perform the duties of a guardian,

31  shall be appointed to act as guardian.  Further, no person who

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  1  has been judicially determined to have committed abuse,

  2  abandonment, or neglect against a child as defined in s.

  3  39.01(2) and (47), or who has a confirmed report of abuse,

  4  neglect, or exploitation which has been uncontested or upheld

  5  pursuant to the provisions of ss. 415.104 and 415.1075 shall

  6  be appointed to act as a guardian.  Except as provided in

  7  subsection (5) or subsection (6), a person who provides

  8  substantial services to the proposed ward in a professional or

  9  business capacity, or a creditor of the proposed ward, may not

10  be appointed guardian and retain that previous professional or

11  business relationship.  A person may not be appointed a

12  guardian if he or she is in the employ of any person, agency,

13  government, or corporation that provides service to the

14  proposed ward in a professional or business capacity, except

15  that a person so employed may be appointed if he or she is the

16  spouse, adult child, parent, or sibling of the proposed ward

17  or the court determines that the potential conflict of

18  interest is insubstantial and that the appointment would

19  clearly be in the proposed ward's best interest.  The court

20  may not appoint a guardian in any other circumstance in which

21  a conflict of interest may occur.

22         Section 128.  Section 784.075, Florida Statutes, is

23  amended to read:

24         784.075  Battery on detention or commitment facility

25  staff.--A person who commits a battery on an intake counselor

26  or case manager, as defined in s. 984.03(31) 39.01(34), on

27  other staff of a detention center or facility as defined in s.

28  984.03(19) 39.01(23), or on a staff member of a commitment

29  facility as defined in s. 985.03(45) 39.01(59)(c), (d), or

30  (e), commits a felony of the third degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084. For

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  1  purposes of this section, a staff member of the facilities

  2  listed includes persons employed by the Department of Juvenile

  3  Justice, persons employed at facilities licensed by the

  4  Department of Juvenile Justice, and persons employed at

  5  facilities operated under a contract with the Department of

  6  Juvenile Justice.

  7         Section 129.  Section 933.18, Florida Statutes, is

  8  amended to read:

  9         933.18  When warrant may be issued for search of

10  private dwelling.--No search warrant shall issue under this

11  chapter or under any other law of this state to search any

12  private dwelling occupied as such unless:

13         (1)  It is being used for the unlawful sale,

14  possession, or manufacture of intoxicating liquor;

15         (2)  Stolen or embezzled property is contained therein;

16         (3)  It is being used to carry on gambling;

17         (4)  It is being used to perpetrate frauds and

18  swindles;

19         (5)  The law relating to narcotics or drug abuse is

20  being violated therein;

21         (6)  A weapon, instrumentality, or means by which a

22  felony has been committed, or evidence relevant to proving

23  said felony has been committed, is contained therein;

24         (7)  One or more of the following misdemeanor child

25  abuse offenses is being committed there:

26         (a)  Interference with custody, in violation of s.

27  787.03.

28         (b)  Commission of an unnatural and lascivious act with

29  a child, in violation of s. 800.02.

30         (c)  Exposure of sexual organs to a child, in violation

31  of s. 800.03.

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  1         (8)  It is in part used for some business purpose such

  2  as a store, shop, saloon, restaurant, hotel, or boardinghouse,

  3  or lodginghouse;

  4         (9)  It is being used for the unlawful sale,

  5  possession, or purchase of wildlife, saltwater products, or

  6  freshwater fish being unlawfully kept therein; or

  7         (10)  The laws in relation to cruelty to animals have

  8  been or are being violated therein, except that no search

  9  pursuant to such a warrant shall be made in any private

10  dwelling after sunset and before sunrise unless specially

11  authorized by the judge issuing the warrant, upon a showing of

12  probable cause.  Property relating to the violation of such

13  laws may be taken on a warrant so issued from any private

14  dwelling in which it is concealed or from the possession of

15  any person therein by whom it shall have been used in the

16  commission of such offense or from any person therein in whose

17  possession it may be.

18

19  If, during a search pursuant to a warrant issued under this

20  section, a child is discovered and appears to be in imminent

21  danger, the law enforcement officer conducting such search may

22  remove the child from the private dwelling and take the child

23  into protective custody pursuant to chapter 39 s. 415.506.

24  The term "private dwelling" shall be construed to include the

25  room or rooms used and occupied, not transiently but solely as

26  a residence, in an apartment house, hotel, boardinghouse, or

27  lodginghouse.  No warrant shall be issued for the search of

28  any private dwelling under any of the conditions hereinabove

29  mentioned except on sworn proof by affidavit of some

30  creditable witness that he or she has reason to believe that

31

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  1  one of said conditions exists, which affidavit shall set forth

  2  the facts on which such reason for belief is based.

  3         Section 130.  Subsection (10) of section 943.045,

  4  Florida Statutes, is amended to read:

  5         943.045  Definitions; ss. 943.045-943.08.--The

  6  following words and phrases as used in ss. 943.045-943.08

  7  shall have the following meanings:

  8         (10)  "Criminal justice agency" means:

  9         (a)  A court.

10         (b)  The department.

11         (c)  The Department of Juvenile Justice.

12         (d)  The Department of Children and and Family

13  Services.

14         (e)(d)  Any other governmental agency or subunit

15  thereof which performs the administration of criminal justice

16  pursuant to a statute or rule of court and which allocates a

17  substantial part of its annual budget to the administration of

18  criminal justice.

19         Section 131.  Section 944.401, Florida Statutes, is

20  amended to read:

21         944.401  Escapes from secure detention or residential

22  commitment facility.--An escape from any secure detention

23  facility maintained for the temporary detention of children,

24  pending adjudication, disposition, or placement; an escape

25  from any residential commitment facility defined in s.

26  985.03(45) 39.01(59), maintained for the custody, treatment,

27  punishment, or rehabilitation of children found to have

28  committed delinquent acts or violations of law; or an escape

29  from lawful transportation thereto or therefrom constitutes

30  escape within the intent and meaning of s. 944.40 and is a

31

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  1  felony of the third degree, punishable as provided in s.

  2  775.082, s. 775.083, or s. 775.084.

  3         Section 132.  Subsection (3) of section 944.705,

  4  Florida Statutes, is amended to read:

  5         944.705  Release orientation program.--

  6         (3)  Any inmate who claims to be a victim of domestic

  7  violence as defined in s. 741.28 shall receive, as part of the

  8  release orientation program, referral to the nearest domestic

  9  violence center certified under part X of chapter 39 ss.

10  415.601-415.608.

11         Section 133.  Subsections (2) and (41) of section

12  984.03, Florida Statutes, as amended by chapter 97-276, Laws

13  of Florida, are amended to read:

14         984.03  Definitions.--When used in this chapter, the

15  term:

16         (2)  "Abuse" means any willful act that results in any

17  physical, mental, or sexual injury that causes or is likely to

18  cause the child's physical, mental, or emotional health to be

19  significantly impaired. Corporal discipline of a child by a

20  parent or guardian for disciplinary purposes does not in

21  itself constitute abuse when it does not result in harm to the

22  child as defined in s. 39.01 415.503.

23         (41)  "Parent" means a woman who gives birth to a child

24  and a man whose consent to the adoption of the child would be

25  required under s. 63.062(1)(b). If a child has been legally

26  adopted, the term "parent" means the adoptive mother or father

27  of the child. The term does not include an individual whose

28  parental relationship to the child has been legally

29  terminated, or an alleged or prospective parent, unless the

30  parental status falls within the terms of either s. 39.503

31  39.4051(7) or s. 63.062(1)(b).

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  1         Section 134.  Subsection (4) of section 984.10, Florida

  2  Statutes, is amended to read:

  3         984.10  Intake.--

  4         (4)  If the department has reasonable grounds to

  5  believe that the child has been abandoned, abused, or

  6  neglected, it shall proceed pursuant to the provisions of s.

  7  415.505 and chapter 39.

  8         Section 135.  Paragraphs (a) and (c) of subsection (3)

  9  of section 984.15, Florida Statutes, are amended to read:

10         984.15  Petition for a child in need of services.--

11         (3)(a)  The parent, guardian, or legal custodian may

12  file a petition alleging that a child is a child in need of

13  services if:

14         1.  The department waives the requirement for a case

15  staffing committee.

16         2.  The department fails to convene a meeting of the

17  case staffing committee within 7 days, excluding weekends and

18  legal holidays, after receiving a written request for such a

19  meeting from the child's parent, guardian, or legal custodian.

20         3.  The parent, guardian, or legal custodian does not

21  agree with the plan for services offered by the case staffing

22  committee.

23         4.  The department fails to provide a written report

24  within 7 days after the case staffing committee meets, as

25  required under s. 984.12(8) 39.426(8).

26         (c)  The petition must be in writing and must set forth

27  specific facts alleging that the child is a child in need of

28  services as defined in s. 984.03(9) 39.01. The petition must

29  also demonstrate that the parent, guardian, or legal custodian

30  has in good faith, but unsuccessfully, participated in the

31

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  1  services and processes described in ss. 984.11 and 984.12

  2  39.424 and 39.426.

  3         Section 136.  Section 984.24, Florida Statutes, is

  4  amended to read:

  5         984.24  Appeal.--The state, any child, or the family,

  6  guardian ad litem, or legal custodian of any child who is

  7  affected by an order of the court pursuant to this chapter

  8  part may appeal to the appropriate district court of appeal

  9  within the time and in the manner prescribed by the Florida

10  Rules of Appellate Procedure and pursuant to s. 39.510 39.413.

11         Section 137.  Subsection (42) of section 985.03,

12  Florida Statutes, as amended by chapter 97-276, Laws of

13  Florida, is amended to read:

14         985.03  Definitions.--When used in this chapter, the

15  term:

16         (42)  "Parent" means a woman who gives birth to a child

17  and a man whose consent to the adoption of the child would be

18  required under s. 63.062(1)(b). If a child has been legally

19  adopted, the term "parent" means the adoptive mother or father

20  of the child. The term does not include an individual whose

21  parental relationship to the child has been legally

22  terminated, or an alleged or prospective parent, unless the

23  parental status falls within the terms of either s. 39.503

24  39.4051(7) or s. 63.062(1)(b).

25         Section 138.  Paragraph (c) of subsection (4) of

26  section 985.303, Florida Statutes, is amended to read:

27         985.303  Neighborhood restorative justice.--

28         (4)  DEFERRED PROSECUTION PROGRAM; PROCEDURES.--

29         (c)  The board shall require the parent or legal

30  guardian of the juvenile who is referred to a Neighborhood

31  Restorative Justice Center to appear with the juvenile before

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  1  the board at the time set by the board.  In scheduling board

  2  meetings, the board shall be cognizant of a parent's or legal

  3  guardian's other obligations.  The failure of a parent or

  4  legal guardian to appear at the scheduled board meeting with

  5  his or her child or ward may be considered by the juvenile

  6  court as an act of child neglect as defined by s. 39.01

  7  415.503(3), and the board may refer the matter to the

  8  Department of Children and Family Services for investigation

  9  under the provisions of chapter 39 415.

10         Section 139.  Sections 39.0195, 39.0196, 39.39, 39.403,

11  39.4032, 39.4052, 39.4053, 39.449, 39.45, 39.457, 39.459,

12  39.4625, 39.472, 39.475, 415.501, 415.5015, 415.5016,

13  415.50165, 415.5017, 415.50175, 415.5018, 415.50185, 415.5019,

14  415.502, 415.503, 415.505, 415.506, 415.5075, 415.509, and

15  415.514, Florida Statutes, are repealed.

16         Section 140.  This act shall take effect July 1 of the

17  year in which enacted.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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  2                          HOUSE SUMMARY

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      Merges provisions of ch. 415, F.S., relating to child
  4    abuse, abandonment, and neglect, the Family Builders
      Program, and domestic violence, with provisions of ch.
  5    39, F.S., relating to child protection and dependent
      children. Revises, reorganizes, clarifies, and conforms
  6    provisions relating to reporting of child abuse,
      abandonment, and neglect, protective investigations, the
  7    Family Builders Program, taking children into custody,
      shelter hearings, petitions, proceedings for arraignment,
  8    adjudication, and disposition, case plans, judicial
      reviews, termination of parental rights, and domestic
  9    violence. Authorizes certain pilot and demonstration
      projects contingent upon receipt of federal grants and
10    contracts. Provides for a foster care privatization
      project. Authorizes the Department of Revenue to disclose
11    certain confidential taxpayer and parent locator
      information for diligent search activities of the
12    Department of Children and Family Services under ch. 39,
      F.S. Requires drug testing of the department's child
13    protective investigations personnel. Requires level 2
      background screening under ch. 435, F.S., for prospective
14    foster and adoptive parents. Provides standards for child
      advocacy centers eligible for state funding. Designates
15    the Department of Children and Family Services as a
      "criminal justice agency" for purposes of the criminal
16    justice information system. Repeals provisions relating
      to multidisciplinary case staffing, affirmative duty to
17    perform certain notice and diligent search activities
      when a child is taken into custody, the family services
18    response system, a foster care pilot program in Leon
      County, district school system child prevention training
19    requirements, and education and training programs for
      officials required to report child abuse, abandonment,
20    and neglect. See bill for details.

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