Senate Bill 1666c1

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    Florida Senate - 1999                           CS for SB 1666

    By the Committee on Children and Families; and Senator
    Mitchell




    300-1842-99

  1                      A bill to be entitled

  2         An act relating to child protection; amending

  3         s. 39.001, F.S., relating to purpose and intent

  4         of ch. 39, F.S.; conforming and clarifying

  5         provisions and references; creating s. 39.0014,

  6         F.S.; providing responsibilities of public

  7         agencies; amending s. 39.0015, F.S., relating

  8         to child abuse prevention training in the

  9         district school system; amending s. 39.01,

10         F.S.; revising and conforming definitions;

11         amending s. 39.011, F.S., relating to immunity

12         from liability; amending s. 39.0121, F.S.,

13         relating to rulemaking authority; amending s.

14         39.013, F.S.; clarifying and conforming

15         provisions relating to procedures,

16         jurisdiction, and right to counsel; amending s.

17         39.0132, F.S.; reducing period the court must

18         preserve records pertaining to a dependent

19         child; providing for admission of termination

20         of parental rights orders as evidence in

21         subsequent proceedings; amending s. 39.0134,

22         F.S.; providing for imposition and enforcement

23         of liens for attorney's fees; amending s.

24         39.201, F.S.; clarifying provisions relating to

25         mandatory reports of child abuse, abandonment,

26         or neglect; amending s. 39.202, F.S.; revising

27         provisions relating to confidentiality of

28         reports and records; amending s. 39.203, F.S.;

29         clarifying provisions relating to immunity from

30         liability for reporting child abuse,

31         abandonment, or neglect; amending s. 39.206,

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  1         F.S., relating to imposition of administrative

  2         fines for false reporting; amending ss. 39.301

  3         and 39.302, F.S.; revising provisions relating

  4         to initiation of protective investigation;

  5         amending s. 39.3035, F.S., relating to child

  6         advocacy centers; amending s. 39.304, F.S.,

  7         relating to medical examination and treatment;

  8         amending ss. 39.311, 39.312, and 39.313, F.S.,

  9         relating to the Family Builders Program;

10         amending s. 39.395, F.S., relating to detaining

11         a child; amending s. 39.401, F.S., relating to

12         taking a child into custody; amending s.

13         39.402, F.S.; revising provisions relating to

14         placement in a shelter; providing for parents'

15         right to continuance of shelter hearing to

16         obtain counsel; requiring the shelter order to

17         require certain financial information from the

18         parent or legal custodian; providing timeframe

19         for review of shelter placement; amending s.

20         39.407, F.S., relating to medical and

21         psychological examinations; amending s. 39.501,

22         F.S., relating to petition for dependency;

23         amending s. 39.502, F.S., relating to notice,

24         process, and service; amending s. 39.503, F.S.,

25         relating to identifying or locating a parent;

26         amending s. 39.504, F.S., relating to

27         injunction pending disposition of petition;

28         amending s. 39.506, F.S.; revising provisions

29         relating to arraignment hearings; specifying

30         when failure of a person to appear constitutes

31         consent to a dependency adjudication; amending

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  1         s. 39.507, F.S., relating to adjudicatory

  2         hearings; amending s. 39.508, F.S.; revising

  3         provisions relating to disposition hearings and

  4         orders; providing for permanency status of the

  5         child; specifying conditions for termination of

  6         departmental supervision and cessation of

  7         judicial reviews; amending s. 39.5085, F.S.;

  8         revising the department's authority to provide

  9         a relative caregiver benefit; amending s.

10         39.509, F.S., relating to grandparents' rights;

11         amending s. 39.510, F.S., relating to appeal;

12         amending s. 39.601, F.S.; revising and

13         clarifying case-plan requirements; amending s.

14         39.602, F.S., relating to case planning for a

15         child in out-of-home care; amending s. 39.603,

16         F.S.; conforming timeframes relating to court

17         approvals of case planning; amending s. 39.701,

18         F.S.; revising and clarifying timeframes

19         relating to judicial reviews; specifying that

20         notice is not required for persons present at

21         the previous hearing; providing for a parent's

22         partial compliance with the case plan;

23         requiring that certain updated documentation be

24         furnished to the court; amending s. 39.702,

25         F.S., relating to citizen review panels;

26         amending s. 39.703, F.S., relating to

27         initiation of proceedings to terminate parental

28         rights; amending s. 39.704, F.S., relating to

29         exemption from judicial review; amending s.

30         39.801, F.S., relating to procedures,

31         jurisdiction, and notice for termination of

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  1         parental rights; providing notice and

  2         consequences regarding failure to appear at

  3         advisory hearings; providing for service of

  4         subpoenas by agents of the department or

  5         guardian ad litem; amending s. 39.802, F.S.,

  6         relating to petition for termination of

  7         parental rights; amending s. 39.805, F.S.,

  8         relating to answers to petition or pleadings;

  9         amending s. 39.806, F.S.; revising grounds for

10         termination of parental rights; revising

11         timeframe for identification or location of

12         parent in provisions relating to termination of

13         parental rights; amending s. 39.807, F.S.,

14         relating to right to counsel for indigent

15         parents; revising an exclusion; revising

16         timeframe for provision of certain reports to

17         all parties; amending s. 39.808, F.S., relating

18         to advisory hearing and pretrial status

19         conference; amending s. 39.811, F.S., relating

20         to powers and order of disposition; amending s.

21         39.814, F.S., relating to oaths, records, and

22         confidential information; amending s. 39.815,

23         F.S., relating to appeal; amending s. 39.822,

24         F.S., relating to appointment of guardian ad

25         litem for abused, abandoned, or neglected

26         child; specifying timeframe for provision of

27         reports to all parties; amending ss. 63.0427

28         and 419.001, F.S.; conforming cross-references;

29         providing an effective date.

30

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

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  1         Section 1.  Paragraphs (g) and (j) of subsection (1) of

  2  section 39.001, Florida Statutes, 1998 Supplement, are amended

  3  to read:

  4         39.001  Purposes and intent; personnel standards and

  5  screening.--

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

  7  are:

  8         (g)  To ensure that the parent or legal custodian

  9  guardian from whose custody the child has been taken assists

10  the department to the fullest extent possible in locating

11  relatives suitable to serve as caregivers for the child.

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

13  not possible, the child will be prepared for alternative

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

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

16  relative on a permanent basis with or without legal

17  guardianship, or custody to a foster parent or legal custodian

18  caregiver on a permanent basis with or without legal

19  guardianship.

20         Section 2.  Section 39.0014, Florida Statutes, is

21  created to read:

22         39.0014  Responsibilities of public agencies.--All

23  state, county, and local agencies have a duty to give such

24  cooperation, assistance, and information to the department as

25  will enable it to fulfill its responsibilities under this

26  chapter.

27         Section 3.  Paragraph (b) of subsection (3) and

28  paragraph (a) of subsection (4) of section 39.0015, Florida

29  Statutes, 1998 Supplement, are amended to read:

30         39.0015  Child abuse prevention training in the

31  district school system.--

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  1         (3)  DEFINITIONS.--As used in this section:

  2         (b)  "Child abuse" means those acts as defined in ss.

  3  39.01(1), (2), (30), and (46), 827.04, and 984.03(1), (2), and

  4  (39).

  5         (4)  PRIMARY PREVENTION AND TRAINING PROGRAM.--A

  6  primary prevention and training program shall include all of

  7  the following, as appropriate for the persons being trained:

  8         (a)  Information provided in a clear and nonthreatening

  9  manner, describing the problem of child abuse, including, but

10  not limited to, sexual abuse, physical abuse, abandonment,

11  neglect, and alcohol and drug abuse, and the possible

12  solutions.

13         Section 4.  Section 39.01, Florida Statutes, 1998

14  Supplement, is amended to read:

15         39.01  Definitions.--When used in this chapter, unless

16  the context otherwise requires:

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

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

19  or legal custodian, the caregiver responsible for the child's

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

21  support and makes no effort to communicate with the child,

22  which situation is sufficient to evince a willful rejection of

23  parental obligations. If the efforts of such parent or legal

24  custodian, or caregiver primarily responsible for the child's

25  welfare, to support and communicate with the child are, in the

26  opinion of the court, only marginal efforts that do not evince

27  a settled purpose to assume all parental duties, the court may

28  declare the child to be abandoned. The term "abandoned" does

29  not include a "child in need of services" as defined in

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

31  chapter 984. The incarceration of a parent, legal custodian,

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  1  or caregiver responsible for a child's welfare may support a

  2  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 for disciplinary purposes does not in

12  itself constitute abuse when it does not result in harm to the

13  child.

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 in dependency cases or in

19  termination of parental rights cases.

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

21  child.

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

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

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

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

26  the rights and privileges and subject to all the obligations

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

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

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

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

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

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

  2  violation of law or delinquent act involving juvenile sexual

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

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

  5  coercion.  For purposes of this paragraph, the following

  6  definitions apply:

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

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

  9  cooperation or compliance.

10         2.  "Equality" means two participants operating with

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

12  controlled nor coerced by the other.

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

14  following:

15         a.  Understanding what is proposed based on age,

16  maturity, developmental level, functioning, and experience.

17         b.  Knowledge of societal standards for what is being

18  proposed.

19         c.  Awareness of potential consequences and

20  alternatives.

21         d.  Assumption that agreement or disagreement will be

22  accepted equally.

23         e.  Voluntary decision.

24         f.  Mental competence.

25

26  Juvenile sexual offender behavior ranges from noncontact

27  sexual behavior such as making obscene phone calls,

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

29  photographs to varying degrees of direct sexual contact, such

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

31  sodomy, and various other sexually aggressive acts.

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  1         (8)  "Arbitration" means a process whereby a neutral

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

  3  panel, considers the facts and arguments presented by the

  4  parties and renders a decision which may be binding or

  5  nonbinding.

  6         (9)  "Authorized agent" or "designee" of the department

  7  means an employee, volunteer, or other person or agency

  8  determined by the state to be eligible for state-funded risk

  9  management coverage, that is assigned or designated by the

10  department to perform duties or exercise powers pursuant to

11  this chapter.

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

13  adult household member, or other person responsible for a

14  child's welfare as defined in subsection (48) (47).

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

16  described in s. 39.601, prepared by the department with input

17  from all parties, including parents, guardians ad litem, legal

18  custodians, caregivers, and the child. The case plan follows

19  the child from the provision of voluntary services through any

20  dependency, foster care, or termination of parental rights

21  proceeding or related activity or process.

22         (12)  "Child" or "youth" means any unmarried person

23  under the age of 18 years who has not been emancipated by

24  order of the court and who has been alleged or found to be

25  dependent.

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

27  professionals established by the Department of Health to

28  receive referrals from the protective investigators and

29  protective supervision staff of the department and to provide

30  specialized and supportive services to the program in

31  processing child abuse, abandonment, or neglect cases. A child

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  1  protection team shall provide consultation to other programs

  2  of the department and other persons regarding child abuse,

  3  abandonment, or neglect cases.

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

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

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

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

  8  caregivers;

  9         (b)  To have been surrendered to the department, the

10  former Department of Health and Rehabilitative Services, or a

11  licensed child-placing agency for purpose of adoption;

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

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

14  relative, the department, or the former Department of Health

15  and Rehabilitative Services, after which placement, under the

16  requirements of this chapter, a case plan has expired and the

17  parent or parents or, legal custodians, or caregivers have

18  failed to substantially comply with the requirements of the

19  plan;

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

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

22  and a natural parent or parents have signed a consent pursuant

23  to the Florida Rules of Juvenile Procedure;

24         (e)  To have no parent or legal custodians capable of

25  providing, legal custodian, or caregiver to provide

26  supervision and care; or

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

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

29  custodians, or caregivers.

30         (15)  "Child support" means a court-ordered obligation,

31  enforced under chapter 61 and ss. 409.2551-409.2597, for

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  1  monetary support for the care, maintenance, training, and

  2  education of a child.

  3         (16)  "Circuit" means any of the 20 judicial circuits

  4  as set forth in s. 26.021.

  5         (17)  "Comprehensive assessment" or "assessment" means

  6  the gathering of information for the evaluation of a child's

  7  and caregiver's physical, psychiatric, psychological or mental

  8  health, educational, vocational, and social condition and

  9  family environment as they relate to the child's and

10  caregiver's need for rehabilitative and treatment services,

11  including substance abuse treatment services, mental health

12  services, developmental services, literacy services, medical

13  services, family services, and other specialized services, as

14  appropriate.

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

16  the circuit court assigned to exercise jurisdiction under this

17  chapter.

18         (19)  "Department" means the Department of Children and

19  Family Services.

20         (20)  "Diligent efforts by a parent, legal custodian,

21  or caregiver" means a course of conduct which results in a

22  reduction in risk to the child in the child's home that would

23  allow the child to be safely placed permanently back in the

24  home as set forth in the case plan.

25         (21)  "Diligent efforts of social service agency" means

26  reasonable efforts to provide social services or reunification

27  services made by any social service agency that is a party to

28  a case plan.

29         (22)  "Diligent search" means the efforts of a social

30  service agency to locate a parent or prospective parent whose

31  identity or location is unknown, initiated as soon as the

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

  2  parent, with the search progress reported at each court

  3  hearing until the parent is either identified and located or

  4  the court excuses further search.

  5         (23)  "Disposition hearing" means a hearing in which

  6  the court determines the most appropriate protections,

  7  services, and placement for the child family support services

  8  in the least restrictive available setting in dependency cases

  9  or in termination of parental rights cases.

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

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

12         (25)  "District administrator" means the chief

13  operating officer of each service district of the department

14  as defined in s. 20.19(7) and, where appropriate, includes any

15  district administrator whose service district falls within the

16  boundaries of a judicial circuit.

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

18  proceedings wherein a case plan with the goal of reunification

19  is not being offered.

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

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

22  report is maliciously made for the purpose of:

23         (a)  Harassing, embarrassing, or harming another

24  person;

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

26         (c)  Acquiring custody of a child; or

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

28  other private dispute involving a child.

29

30

31

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

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

  3  central abuse hotline.

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

  5  consisting of a child and a parent, legal custodian,

  6  caregiver, or adult relative, in which:

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

  8  unit; or

  9         (b)  The parent, legal custodian, caregiver, or adult

10  relative has a legal responsibility by blood, marriage, or

11  court order to support or care for the child.

12         (29)  "Foster care" means care provided a child in a

13  foster family or boarding home, group home, agency boarding

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

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

16  when any person the parent, legal custodian, or caregiver

17  responsible for the child's welfare:

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

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

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

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

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

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

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

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

26         1.  Willful acts that produce the following specific

27  injuries:

28         a.  Sprains, dislocations, or cartilage damage.

29         b.  Bone or skull fractures.

30         c.  Brain or spinal cord damage.

31

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  1         d.  Intracranial hemorrhage or injury to other internal

  2  organs.

  3         e.  Asphyxiation, suffocation, or drowning.

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

  5         g.  Burns or scalding.

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

  7         i.  Permanent or temporary disfigurement.

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

  9  part or function.

10

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

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

13  result or to cause an injury.

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

15  other substances that substantially affect the child's

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

17  sickness or internal injury.  For the purposes of this

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

19  prescribed for the child or not administered as prescribed,

20  and controlled substances as outlined in Schedule I or

21  Schedule II of s. 893.03.

22         3.  Leaving a child without adult supervision or

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

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

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

26  exercise good judgment in responding to any kind of physical

27  or emotional crisis.

28         4.  Inappropriate or excessively harsh disciplinary

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

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

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

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

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

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

  4  trauma inflicted.  Corporal discipline may be considered

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

  6  or other similar injuries:

  7         a.  Sprains, dislocations, or cartilage damage.

  8         b.  Bone or skull fractures.

  9         c.  Brain or spinal cord damage.

10         d.  Intracranial hemorrhage or injury to other internal

11  organs.

12         e.  Asphyxiation, suffocation, or drowning.

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

14         g.  Burns or scalding.

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

16         i.  Permanent or temporary disfigurement.

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

18  part or function.

19         k.  Significant bruises or welts.

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

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

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

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

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

25  or forcing a child to:

26         1.  Solicit for or engage in prostitution; or

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

28  chapter 827.

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

30  exploited, as provided in s. 450.151.

31

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

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

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

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

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

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

  7  child, which situation is sufficient to evince a willful

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

  9  parent or legal custodian or person primarily responsible for

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

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

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

13  have been abandoned.

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

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

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

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

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

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

20  a parent or, legal custodian, or caregiver who, by reason of

21  the legitimate practice of religious beliefs, does not provide

22  specified medical treatment for a child may not be considered

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

24  exception does not:

25         1.  Eliminate the requirement that such a case be

26  reported to the department;

27         2.  Prevent the department from investigating such a

28  case; or

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

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

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

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  1  accredited practitioner who relies solely on spiritual means

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

  3  well-recognized church or religious organization.

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

  5  alcohol. Exposure to a controlled substance or alcohol is

  6  established by:

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

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

  9  demonstrably adversely affected by such usage; or

10         2.  Continued chronic and severe use of a controlled

11  substance or alcohol by a parent when the child is

12  demonstrably adversely affected by such usage.

13

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

15  means prescription drugs not prescribed for the parent or not

16  administered as prescribed and controlled substances as

17  outlined in Schedule I or Schedule II of s. 893.03. The parent

18  of a newborn infant may not be subject to criminal

19  investigation solely on the basis of the positive drug

20  toxicology of a newborn infant.

21         (h)  Uses mechanical devices, unreasonable restraints,

22  or extended periods of isolation to control a child.

23         (i)  Engages in violent behavior that demonstrates a

24  wanton disregard for the presence of a child and could

25  reasonably result in serious injury to the child.

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

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

28  by the acts of another.

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

30  of abuse, abandonment, or neglect.

31

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  1         (31)  "Health and human services board" means the body

  2  created in each service district of the department pursuant to

  3  the provisions of s. 20.19(8).

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

  5  situations of known or suspected child abuse or neglect in

  6  which the person allegedly perpetrating the child abuse or

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

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

  9  agency or any other person at such institution responsible for

10  the child's care.

11         (33)  "Judge" means the circuit judge exercising

12  jurisdiction pursuant to this chapter.

13         (34)  "Legal custody" means a legal status created by

14  court order or letter of guardianship which vests in a

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

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

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

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

19  and ordinary medical, dental, psychiatric, and psychological

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

21  legal right to custody is vested. When the phrase "parent or

22  legal custodian" is used in this chapter, it refers to rights

23  or responsibilities of the parent and, only if there is no

24  living parent with intact parental rights, to the rights or

25  responsibilities of the legal custodian who has assumed the

26  role of the parent.

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

28  relationship between the child and caregiver which is intended

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

30  to the procedures in chapter 744.

31

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  1         (36)  "Licensed child-caring agency" means a person,

  2  society, association, or agency licensed by the department to

  3  care for, receive, and board children.

  4         (37)  "Licensed child-placing agency" means a person,

  5  society, association, or institution licensed by the

  6  department to care for, receive, or board children and to

  7  place children in a licensed child-caring institution or a

  8  foster or adoptive home.

  9         (38)  "Licensed health care professional" means a

10  physician licensed under chapter 458, an osteopathic physician

11  licensed under chapter 459, a nurse licensed under chapter

12  464, a physician assistant licensed under chapter 458 or

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

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

15  evidenced by violent or other actively self-destructive

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

17  period the child will attempt to commit suicide or inflict

18  serious bodily harm on himself or herself.

19         (40)  "Likely to injure others" means that it is more

20  likely than not that within a 24-hour period the child will

21  inflict serious and unjustified bodily harm on another person.

22         (41)  "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.

25         (42)  "Long-term relative custody" or "long-term

26  custodial relationship" means the relationship that a juvenile

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

28  the child or other legal custodian caregiver approved by the

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

30  natural parent and termination of parental rights is not

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

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

  2  legal custodian caregiver the right to physical custody of the

  3  child, a right which will not be disturbed by the court except

  4  upon request of the legal custodian caregiver or upon a

  5  showing that the best interest of the child a material change

  6  in circumstances necessitates a change of custody for the best

  7  interest of the child. A long-term relative or other legal

  8  custodian who has been designated as a long-term custodian

  9  caregiver shall have all of the rights and duties of a natural

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

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

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

13  dental, psychiatric, and psychological care, unless these

14  rights and duties are otherwise enlarged or limited by the

15  court order establishing the long-term custodial relationship.

16         (43)  "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.  The role of the

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

23  parties in identifying issues, fostering joint problem

24  solving, and exploring settlement alternatives.

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

26  intellectual or psychological capacity of a child as evidenced

27  by a discernible and substantial impairment in the ability to

28  function within the normal range of performance and behavior.

29         (45)  "Necessary medical treatment" means care which is

30  necessary within a reasonable degree of medical certainty to

31

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  1  prevent the deterioration of a child's condition or to

  2  alleviate immediate pain of a child.

  3         (46)  "Neglect" occurs when the parent or legal

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

  5  custodian, the caregiver deprives a child is deprived of, or

  6  is allowed allows a child to be deprived of, necessary food,

  7  clothing, shelter, or medical treatment or permits a child is

  8  permitted to live in an environment when such deprivation or

  9  environment causes the child's physical, mental, or emotional

10  health to be significantly impaired or to be in danger of

11  being significantly impaired. The foregoing circumstances

12  shall not be considered neglect if caused primarily by

13  financial inability unless actual services for relief have

14  been offered to and rejected by such person. A parent or,

15  legal custodian, or caregiver legitimately practicing

16  religious beliefs in accordance with a recognized church or

17  religious organization who thereby does not provide specific

18  medical treatment for a child shall not, for that reason

19  alone, be considered a negligent parent or, legal custodian,

20  or caregiver; however, such an exception does not preclude a

21  court from ordering the following services to be provided,

22  when the health of the child so requires:

23         (a)  Medical services from a licensed physician,

24  dentist, optometrist, podiatric physician, or other qualified

25  health care provider; or

26         (b)  Treatment by a duly accredited practitioner who

27  relies solely on spiritual means for healing in accordance

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

29  religious organization.

30

31

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  1  For the purpose of protective investigations, Neglect of a

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

  3  custodian, or caregiver.

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

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

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

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

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

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

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

11  care. For the purpose of departmental investigative

12  jurisdiction, this definition does not include law enforcement

13  officers, or employees of municipal or county detention

14  facilities or the Department of Corrections, while acting in

15  an official capacity.

16         (47)(48)  "Next of kin" means an adult relative of a

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

18  uncle, or first cousin.

19         (48)  "Other person responsible for a child's welfare"

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

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

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

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

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

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

26  care. For the purpose of departmental investigative

27  jurisdiction, this definition does not include law enforcement

28  officers, or employees of municipal or county detention

29  facilities or the Department of Corrections, while acting in

30  an official capacity.

31

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  1         (49)  "Out-of-home" means a placement outside of the

  2  home of the parents or a parent.

  3         (50)(49)  "Parent" means a woman who gives birth to a

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

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

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

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

  8  individual whose parental relationship to the child has been

  9  legally terminated, or an alleged or prospective parent,

10  unless the parental status falls within the terms of s.

11  39.503(1) 39.4051(1) or s. 63.062(1)(b). When the phrase

12  "parent or legal custodian" is used in this chapter, it refers

13  to rights or responsibilities of the parent and, only if there

14  is no living parent with intact parental rights, to the rights

15  or responsibilities of the legal custodian who has assumed the

16  role of the parent.

17         (51)(50)  "Participant," for purposes of a shelter

18  proceeding, dependency proceeding, or termination of parental

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

20  should receive notice of hearings involving the child,

21  including foster parents or the legal custodian of the child

22  caregivers, identified prospective parents, grandparents

23  entitled to priority for adoption consideration under s.

24  63.0425, actual custodians of the child, and any other person

25  whose participation may be in the best interest of the child.

26  Participants may be granted leave by the court to be heard

27  without the necessity of filing a motion to intervene.

28         (52)(51)  "Party" means the parent or parents legal

29  custodian of the child, the petitioner, the department, the

30  guardian ad litem or the representative of the guardian ad

31  litem program when the program has been appointed, and the

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  1  child. The presence of the child may be excused by order of

  2  the court when presence would not be in the child's best

  3  interest. Notice to the child may be excused by order of the

  4  court when the age, capacity, or other condition of the child

  5  is such that the notice would be meaningless or detrimental to

  6  the child.

  7         (53)(52)  "Physical injury" means death, permanent or

  8  temporary disfigurement, or impairment of any bodily part.

  9         (54)(53)  "Physician" means any licensed physician,

10  dentist, podiatric physician podiatrist, or optometrist and

11  includes any intern or resident.

12         (55)(54)  "Preliminary screening" means the gathering

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

14  need for further evaluation or assessment or for referral for

15  other substance abuse services through means such as

16  psychosocial interviews; urine and breathalyzer screenings;

17  and reviews of available educational, delinquency, and

18  dependency records of the child.

19         (56)(55)  "Preventive services" means social services

20  and other supportive and rehabilitative services provided to

21  the parent or legal custodian of the child, the legal

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

23  the child for the purpose of averting the removal of the child

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

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

26  services and other supportive and rehabilitative services

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

28  emotional health and a safe, stable, living environment, shall

29  promote family autonomy, and shall strengthen family life,

30  whenever possible.

31

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  1         (57)(56)  "Prospective parent" means a person who

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

  3  mother or a father of a child.

  4         (58)(57)  "Protective investigation" means the

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

  6  neglect, as defined in this chapter, by the central abuse

  7  hotline or the acceptance of a report of other dependency by

  8  the department; the investigation of each report; the

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

10  determination of the disposition of each report without court

11  or public agency action when appropriate; and the referral of

12  a child to another public or private agency when appropriate.

13         (59)(58)  "Protective investigator" means an authorized

14  agent of the department who receives and investigates reports

15  of child abuse, abandonment, or neglect; who, as a result of

16  the investigation, may recommend that a dependency petition be

17  filed for the child; and who performs other duties necessary

18  to carry out the required actions of the protective

19  investigation function.

20         (60)(59)  "Protective supervision" means a legal status

21  in dependency cases which permits the child to remain safely

22  in his or her own home or other nonlicensed placement under

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

24  be reviewed by the court during the period of supervision.

25         (61)(60)  "Relative" means a grandparent,

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

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

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

29  does not include a stepparent.

30         (62)(61)  "Reunification services" means social

31  services and other supportive and rehabilitative services

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

  2  the child, or the caregiver of the child, whichever is

  3  applicable, to the child, and, where appropriate, to the

  4  relative placement, nonrelative placement, or foster parents

  5  of the child, for the purpose of enabling a child who has been

  6  placed in out-of-home care to safely return to his or her

  7  family at the earliest possible time.  The health and safety

  8  of the child shall be the paramount goal of social services

  9  and other supportive and rehabilitative services. Such

10  services shall promote the child's need for physical, mental,

11  and emotional health and a safe, stable, living environment,

12  shall promote family autonomy, and shall strengthen family

13  life, whenever possible.

14         (63)(62)  "Secretary" means the Secretary of Children

15  and Family Services.

16         (64)(63)  "Sexual abuse of a child" means one or more

17  of the following acts:

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

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

20  whether or not there is the emission of semen.

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

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

23  person.

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

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

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

27  act intended for a valid medical purpose.

28         (d)  The intentional touching of the genitals or

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

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

31

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

  2  include:

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

  4  normal caregiver responsibility, any interaction with, or

  5  affection for a child; or

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

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

  8  genitals in the presence of a child.

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

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

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

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

13  gratification, aggression, degradation, or other similar

14  purpose.

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

16  allowing, encouraging, or forcing a child to:

17         1.  Solicit for or engage in prostitution; or

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

19  chapter 827.

20         (65)(64)  "Shelter" means a placement with a relative

21  or a nonrelative, or in a licensed home or facility, place for

22  the temporary care of a child who is alleged to be or who has

23  been found to be dependent, pending court disposition before

24  or after adjudication.

25         (66)(65)  "Shelter hearing" means a hearing in which

26  the court determines whether probable cause exists to keep a

27  child in shelter status pending further investigation of the

28  case.

29         (67)(66)  "Social service agency" means the department,

30  a licensed child-caring agency, or a licensed child-placing

31  agency.

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  1         (68)(67)  "Substance abuse" means using, without

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

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

  4  resulting in dysfunctional social behavior.

  5         (69)(68)  "Substantial compliance" means that the

  6  circumstances which caused the creation of the case plan have

  7  been significantly remedied to the extent that the well-being

  8  and safety of the child will not be endangered upon the

  9  child's remaining with or being returned to the child's

10  parent, legal custodian, or caregiver.

11         (70)(69)  "Taken into custody" means the status of a

12  child immediately when temporary physical control over the

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

14  child's release or placement.

15         (71)(70)  "Temporary legal custody" means the

16  relationship that a juvenile court creates between a child and

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

18  approved by the court, or other person approved by the court

19  until a more permanent arrangement is ordered. Temporary legal

20  custody confers upon the custodian the right to have temporary

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

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

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

24  dental, psychiatric, and psychological care, unless these

25  rights and duties are otherwise enlarged or limited by the

26  court order establishing the temporary legal custody

27  relationship.

28         (72)(71)  "Victim" means any child who has sustained or

29  is threatened with physical, mental, or emotional injury

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

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

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  1         Section 5.  Subsection (3) of section 39.011, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         39.011  Immunity from liability.--

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

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

  6  review or recommendation with regard to a dependency foster

  7  care or shelter care matter unless such member or agent

  8  exhibits wanton and willful disregard of human rights or

  9  safety, or property.

10         Section 6.  Subsection (5) of section 39.0121, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         39.0121  Specific rulemaking authority.--Pursuant to

13  the requirements of s. 120.536, the department is specifically

14  authorized to adopt, amend, and repeal administrative rules

15  which implement or interpret law or policy, or describe the

16  procedure and practice requirements necessary to implement

17  this chapter, including, but not limited to, the following:

18         (5)  Requesting of services from child protection teams

19  and services, and eligible cases.

20         Section 7.  Subsections (3), (4), (5), and (7),

21  paragraphs (a) and (c) of subsection (8), and paragraphs (b)

22  and (d) of subsection (9) of section 39.013, Florida Statutes,

23  1998 Supplement, are amended to read:

24         39.013  Procedures and jurisdiction; right to

25  counsel.--

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

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

28  juvenile court, as a division of the circuit court assigned to

29  handle dependency matters, may exercise the general and

30  equitable jurisdiction over guardianship proceedings pursuant

31  to the provisions of chapter 744, and proceedings for

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  1  temporary custody of minor children by extended family

  2  pursuant to the provisions of chapter 751.

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

  4  placement issue in cases involving a child who has been

  5  removed from the family and placed in an out-of-home placement

  6  a shelter.

  7         (5)  The court shall expedite the judicial handling of

  8  all cases when the child has been removed from the family and

  9  placed in an out-of-home placement a shelter.

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

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

12  month which constitutes the beginning of the 6-month period

13  before the child's 18th birthday, hold a hearing to review the

14  progress of the child while in the custody or under the

15  supervision of the department.

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

17  chapter, the court shall advise the parents parent, legal

18  custodian, or caregiver of the right to counsel. The court

19  shall appoint counsel for indigent parents persons. The court

20  shall ascertain whether the right to counsel is understood.

21  When right to counsel is waived, the court shall determine

22  whether the waiver is knowing and intelligent. The court shall

23  enter its findings in writing with respect to the appointment

24  or waiver of counsel for indigent parents parties or the

25  waiver of counsel by nonindigent parents parties.

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

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

28  unable to make an intelligent and understanding choice because

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

30  complexity of the case, or other factors.

31

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

  2  record.

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

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

  5  renewed by the court at each subsequent stage of the

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

  7  appears without counsel.

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

  9  include:

10         (b)  Periods of delay resulting from a continuance

11  granted at the request of the attorney for the department or

12  petitioner, if the continuance is granted:

13         1.  Because of an unavailability of evidence material

14  to the case when the attorney for the department or petitioner

15  has exercised due diligence to obtain such evidence and there

16  are substantial grounds to believe that such evidence will be

17  available within 30 days.  However, if the department or

18  petitioner is not prepared to present its case within 30 days,

19  the parent or guardian may move for issuance of an order to

20  show cause or the court on its own motion may impose

21  appropriate sanctions, which may include dismissal of the

22  petition.

23         2.  To allow the attorney for the department or

24  petitioner additional time to prepare the case and additional

25  time is justified because of an exceptional circumstance.

26         (d)  Reasonable periods of delay resulting from a

27  continuance granted at the request of the parent or legal

28  custodian of a subject child.

29         Section 8.  Subsections (2) and (3) of section 39.0132,

30  Florida Statutes, 1998 Supplement, are amended, and paragraph

31  (e) is added to subsection (6) of that section, to read:

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  1         39.0132  Oaths, records, and confidential

  2  information.--

  3         (2)  The court shall make and keep records of all cases

  4  brought before it pursuant to this chapter and shall preserve

  5  the records pertaining to a dependent child until 7 10 years

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

  7  of age, whichever date is first reached, and may then destroy

  8  them, except that records of cases where orders were entered

  9  permanently depriving a parent of the custody of a juvenile

10  shall be preserved permanently.  The court shall make official

11  records, consisting of all petitions and orders filed in a

12  case arising pursuant to this part and any other pleadings,

13  certificates, proofs of publication, summonses, warrants, and

14  other writs which may be filed therein.

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

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

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

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

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

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

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

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

23  guardian ad litem, law enforcement agencies, and the

24  department and its designees shall always have the right to

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

26  The court may permit authorized representatives of recognized

27  organizations compiling statistics for proper purposes to

28  inspect and make abstracts from official records, under

29  whatever conditions upon their use and disposition the court

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

31  violation of those conditions.

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  1         (6)  No court record of proceedings under this chapter

  2  shall be admissible in evidence in any other civil or criminal

  3  proceeding, except that:

  4         (e)  Orders permanently and involuntarily terminating

  5  the rights of a parent shall be admissible as evidence in

  6  subsequent termination of parental rights proceedings for a

  7  sibling of the child for whom parental rights were terminated.

  8         Section 9.  Subsection (1) of section 39.0134, Florida

  9  Statutes, 1998 Supplement, is amended to read:

10         39.0134  Appointed counsel; compensation.--

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

12  representation pursuant to a court appointment in a dependency

13  proceeding pursuant to this chapter, such compensation shall

14  be established by each county. The county shall impose a lien

15  which may be enforced as provided in s. 984.08.

16         Section 10.  Subsection (1) of section 39.201, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         39.201  Mandatory reports of child abuse, abandonment,

19  or neglect; mandatory reports of death; central abuse

20  hotline.--

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

22         (a)  Physician, osteopathic physician, medical

23  examiner, chiropractic physician, nurse, or hospital personnel

24  engaged in the admission, examination, care, or treatment of

25  persons;

26         (b)  Health or mental health professional other than

27  one listed in paragraph (a);

28         (c)  Practitioner who relies solely on spiritual means

29  for healing;

30         (d)  School teacher or other school official or

31  personnel;

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

  2  professional child care, foster care, residential, or

  3  institutional worker; or

  4         (f)  Law enforcement officer,

  5

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

  7  an abused, abandoned, or neglected by a parent, legal

  8  custodian, caregiver, or other person responsible for the

  9  child's welfare child shall report such knowledge or suspicion

10  to the department in the manner prescribed in subsection (2).

11         Section 11.  Subsection (1) and paragraphs (a), (d),

12  and (i) of subsection (2) of section 39.202, Florida Statutes,

13  1998 Supplement, are amended to read:

14         39.202  Confidentiality of reports and records in cases

15  of child abuse or neglect.--

16         (1)  In order to protect the rights of the child and

17  the child's parents or other persons responsible for the

18  child's welfare, all records held by the department concerning

19  reports of child abandonment, abuse, or neglect, including

20  reports made to the central abuse hotline and all records

21  generated as a result of such reports, shall be confidential

22  and exempt from the provisions of s. 119.07(1) and shall not

23  be disclosed except as specifically authorized by this

24  chapter. Such exemption from s. 119.07(1) applies to

25  information in the possession of those entities granted access

26  as set forth in this section.

27         (2)  Access to such records, excluding the name of the

28  reporter which shall be released only as provided in

29  subsection (4), shall be granted only to the following

30  persons, officials, and agencies:

31

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  1         (a)  Employees, authorized agents, or contract

  2  providers of the department, the Department of Health, or

  3  county agencies responsible for carrying out:

  4         1.  Child or adult protective investigations;,

  5         2.  Ongoing child or adult protective services;,

  6         3.  Healthy Start services;, or

  7         4.  Licensure or approval of adoptive homes, foster

  8  homes, or child care facilities, or family day care homes or

  9  informal child care providers who receive subsidized child

10  care funding, or other homes used to provide for the care and

11  welfare of children.

12

13  Also, employees or agents of the Department of Juvenile

14  Justice responsible for the provision of services to children,

15  pursuant to chapters 984 and 985.

16         (d)  The parent, caregiver, or legal custodian of any

17  child who is alleged to have been abused, abandoned, or

18  neglected, and the child, and their attorneys.  This access

19  shall be made available no later than 30 days after the

20  department receives the initial report of abuse, neglect, or

21  abandonment. However, any information otherwise made

22  confidential or exempt by law shall not be released pursuant

23  to this paragraph.

24         (i)  Any person authorized by the department who is

25  engaged in the use of such records or information for bona

26  fide research, statistical, or audit purposes. Such individual

27  or entity shall enter into a privacy and security agreement

28  with the department and shall comply with all laws and rules

29  governing the use of such records and information for research

30  and statistical purposes. Information identifying the subjects

31  of such records or information shall be treated as

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  1  confidential by the researcher and shall not be released in

  2  any form. However, no information identifying the subjects of

  3  the report shall be made available to the researcher.

  4         Section 12.  Paragraph (a) of subsection (1) of section

  5  39.203, Florida Statutes, 1998 Supplement, is amended to read:

  6         39.203  Immunity from liability in cases of child

  7  abuse, abandonment, or neglect.--

  8         (1)(a)  Any person, official, or institution

  9  participating in good faith in any act authorized or required

10  by this chapter, or reporting in good faith any instance of

11  child abuse, abandonment, or neglect to the department or any

12  law enforcement agency, shall be immune from any civil or

13  criminal liability which might otherwise result by reason of

14  such action.

15         Section 13.  Subsection (5) of section 39.206, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         39.206  Administrative fines for false report of abuse,

18  abandonment, or neglect of a child; civil damages.--

19         (5)  At the administrative hearing, the department must

20  prove by a preponderance of the evidence that the person filed

21  a false report with the central abuse hotline. The

22  administrative hearing officer court shall advise any person

23  against whom a fine may be imposed of that person's right to

24  be represented by counsel at the administrative hearing.

25         Section 14.  Subsections (2), (5), (8), (11), (12), and

26  (13), and paragraph (e) of subsection (6), of section 39.301,

27  Florida Statutes, 1998 Supplement, are amended to read:

28         39.301  Initiation of protective investigations.--

29         (2)(a)  Upon commencing an investigation under this

30  part, the child protective investigator shall inform any

31  subject of the investigation of the following:

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  1         1.  The names of the investigators and identifying

  2  credentials from the department.

  3         2.  The purpose of the investigation.

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

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

  6         4.  The possible outcomes and services of the

  7  department's response shall be explained to the parent

  8  caregiver.

  9         5.  The right of the parent, legal custodian, or

10  caregiver to be involved to the fullest extent possible in

11  determining the nature of the allegation and the nature of any

12  identified problem.

13         (b)  The department's training program shall ensure

14  that protective investigators know how to fully inform

15  parents, guardians, and caregivers of their rights and

16  options, including opportunities for audio or video recording

17  of investigators' interviews with parents, guardians,

18  caretakers, or children.

19         (5)  The person responsible for the investigation shall

20  make a preliminary determination as to whether the report or

21  complaint is complete, consulting with the attorney for the

22  department when necessary.  In any case in which the person

23  responsible for the investigation finds that the report or

24  complaint is incomplete, he or she shall return it without

25  delay to the person or agency originating the report or

26  complaint or having knowledge of the facts, or to the

27  appropriate law enforcement agency having investigative

28  jurisdiction, and request additional information in order to

29  complete the report or complaint; however, the confidentiality

30  of any report filed in accordance with this chapter shall not

31  be violated.

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  1         (a)  If it is determined that the report or complaint

  2  is complete, after determining that such action would be in

  3  the best interests of the child, the attorney for the

  4  department shall file a petition for dependency.

  5         (a)(b)  If it is determined that the report or

  6  complaint is complete, but the interests of the child and the

  7  public will be best served by providing the child care or

  8  other treatment voluntarily accepted by the child and the

  9  parents, caregivers, or legal custodians, the protective

10  investigator may refer the parent and child for such care or

11  other treatment.

12         (b)  If it is determined that the child is in need of

13  the protection and supervision of the court, the department

14  shall file a petition for dependency.  A petition for

15  dependency shall be filed in all cases classified by the

16  department as high-risk cases, including, but not limited to,

17  cases involving parents of a young age, the use of illegal

18  drugs, or domestic violence.

19         (c)  If the person conducting the investigation refuses

20  to request the attorney for the department to file a petition

21  for dependency is not being filed by the department, the

22  person or agency originating the report complainant shall be

23  advised of the right to file a petition pursuant to this part.

24         (6)  For each report it receives, the department shall

25  perform an onsite child protective investigation to:

26         (e)  Based on the information obtained from available

27  sources the caregiver, complete the risk assessment instrument

28  within 48 hours after the initial contact and, if needed,

29  develop a case plan.

30         (8)  If the department or its agent determines that a

31  child requires immediate or long-term protection through:

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  1         (a)  Medical or other health care; or

  2         (b)  Homemaker care, day care, protective supervision,

  3  or other services to stabilize the home environment, including

  4  intensive family preservation services through the Family

  5  Builders Program or, the Intensive Crisis Counseling Program,

  6  or both,; or

  7         (c)  Foster care, shelter care, or other substitute

  8  care to remove the child from the custody of the parents,

  9  legal guardians, or caregivers,

10

11  such services shall first be offered for voluntary acceptance

12  unless there are high-risk factors that may impact the ability

13  of the parents, legal guardians, or caregivers to exercise

14  judgment. Such factors shall may include the parents', legal

15  guardians', or caregivers' young age or history of substance

16  abuse or domestic violence. The parents, legal custodians, or

17  caregivers shall be informed of the right to refuse services,

18  as well as the responsibility of the department to protect the

19  child regardless of the acceptance or refusal of services. If

20  the services are refused and the department deems that the

21  child's need for protection so requires, the department shall

22  take the child into protective custody or petition the court

23  as provided in this chapter.

24         (11)  Immediately upon receipt of a report alleging, or

25  immediately upon learning during the course of an

26  investigation, that:

27         (a)  The immediate safety or well-being of a child is

28  endangered;

29         (b)  The family is likely to flee;

30         (c)  A child died as a result of abuse, abandonment, or

31  neglect;

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  1         (d)  A child is a victim of aggravated child abuse as

  2  defined in s. 827.03; or

  3         (e)  A child is a victim of sexual battery or of sexual

  4  abuse,

  5

  6  the department shall orally notify the jurisdictionally

  7  responsible state attorney, and county sheriff's office or

  8  local police department, and, within 3 working days as soon as

  9  practicable, transmit a full written the report to those

10  agencies.  The law enforcement agency shall review the report

11  and determine whether a criminal investigation needs to be

12  conducted and shall assume lead responsibility for all

13  criminal fact-finding activities.  A criminal investigation

14  shall be coordinated, whenever possible, with the child

15  protective investigation of the department. Any interested

16  person who has information regarding an offense described in

17  this subsection may forward a statement to the state attorney

18  as to whether prosecution is warranted and appropriate.

19         (12)  In a child protective investigation or a criminal

20  investigation, when the initial interview with the child is

21  conducted at school, the department or the law enforcement

22  agency may allow, notwithstanding the provisions of s.

23  39.0132(4), a school instructional staff member who is known

24  by the child to be present during the initial interview if:

25         (a)  The department or law enforcement agency believes

26  that the school instructional staff member could enhance the

27  success of the interview by his or her presence; and

28         (b)  The child requests or consents to the presence of

29  the school instructional staff member at the interview.

30

31

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  1  School instructional staff may only be present only when

  2  authorized by this subsection.  Information received during

  3  the interview or from any other source regarding the alleged

  4  abuse or neglect of the child shall be confidential and exempt

  5  from the provisions of s. 119.07(1), except as otherwise

  6  provided by court order.  A separate record of the

  7  investigation of the abuse, abandonment, or neglect shall not

  8  be maintained by the school or school instructional staff

  9  member. Violation of this subsection constitutes a misdemeanor

10  of the second degree, punishable as provided in s. 775.082 or

11  s. 775.083.

12         (13)  Within 15 days after the completion of the

13  investigation of cases reported to him or her pursuant to this

14  chapter section, the state attorney shall report his or her

15  findings to the department and shall include in such report a

16  determination of whether or not prosecution is justified and

17  appropriate in view of the circumstances of the specific case.

18         Section 15.  Subsection (1) of section 39.302, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         39.302  Protective investigations of institutional

21  child abuse, abandonment, or neglect.--

22         (1)  The department shall conduct a child protective

23  investigation of each report of institutional child abuse,

24  abandonment, or neglect.  Upon receipt of a report which

25  alleges that an employee or agent of the department, or any

26  other entity or person covered by s. 39.01(32) or (48) (47),

27  acting in an official capacity, has committed an act of child

28  abuse, abandonment, or neglect, the department shall

29  immediately initiate a child protective investigation and

30  orally notify the appropriate state attorney, law enforcement

31  agency, and licensing agency.  These agencies shall

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  1  immediately conduct a joint investigation, unless independent

  2  investigations are more feasible.  When a facility is exempt

  3  from licensing, the department shall inform the owner or

  4  operator of the facility of the report.  Each agency

  5  conducting a joint investigation shall be entitled to full

  6  access to the information gathered by the department in the

  7  course of the investigation. In all cases, the department

  8  shall make a full written report to the state attorney within

  9  3 working days after making the oral report. A criminal

10  investigation shall be coordinated, whenever possible, with

11  the child protective investigation of the department. Any

12  interested person who has information regarding the offenses

13  described in this subsection may forward a statement to the

14  state attorney as to whether prosecution is warranted and

15  appropriate. Within 15 days after the completion of the

16  investigation, the state attorney shall report the findings to

17  the department and shall include in such report a

18  determination of whether or not prosecution is justified and

19  appropriate in view of the circumstances of the specific case.

20         Section 16.  Paragraph (b) of subsection (1) of section

21  39.3035, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         39.3035  Child advocacy centers; standards; state

24  funding.--

25         (1)  In order to become eligible for a full membership

26  in the Florida Network of Children's Advocacy Centers, Inc., a

27  child advocacy center in this state shall:

28         (b)  Be a child protection team, or by written

29  agreement incorporate the participation and services of a

30  child protection team, with established community protocols

31

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  1  which meet all of the requirements of the National Network of

  2  Children's Advocacy Centers, Inc.

  3         Section 17.  Subsections (1) and (5) of section 39.304,

  4  Florida Statutes, 1998 Supplement, are amended to read:

  5         39.304  Photographs, medical examinations, X rays, and

  6  medical treatment of abused, abandoned, or neglected child.--

  7         (1)  Any person required to investigate cases of

  8  suspected child abuse, abandonment, or neglect may take or

  9  cause to be taken photographs of the areas of trauma visible

10  on a child who is the subject of a report.  If the areas of

11  trauma visible on a child indicate a need for a medical

12  examination, or if the child verbally complains or otherwise

13  exhibits distress as a result of injury through suspected

14  child abuse, abandonment, or neglect, or is alleged to have

15  been sexually abused, the person required to investigate may

16  cause the child to be referred for diagnosis to a licensed

17  physician or an emergency department in a hospital without the

18  consent of the child's parents, caregiver, or legal custodian.

19  Such examination may be performed by any licensed physician or

20  an advanced registered nurse practitioner licensed pursuant to

21  chapter 464. Any licensed physician, or advanced registered

22  nurse practitioner licensed pursuant to chapter 464, who has

23  reasonable cause to suspect that an injury was the result of

24  child abuse, abandonment, or neglect may authorize a

25  radiological examination to be performed on the child without

26  the consent of the child's parent, caregiver, or legal

27  custodian.

28         (5)  The county in which the child is a resident shall

29  bear the initial costs of the examination of the allegedly

30  abused, abandoned, or neglected child; however, the parents,

31  caregiver, or legal custodian of the child shall be required

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  1  to reimburse the county for the costs of such examination,

  2  other than an initial forensic physical examination as

  3  provided in s. 960.28, and to reimburse the department for the

  4  cost of the photographs taken pursuant to this section. A

  5  medical provider may not bill a child victim, directly or

  6  indirectly, for the cost of an initial forensic physical

  7  examination.

  8         Section 18.  Subsection (1) of section 39.311, Florida

  9  Statutes, 1998 Supplement, is amended to read:

10         39.311  Establishment of Family Builders Program.--

11         (1)  Any Family Builders Program that is established by

12  the department shall provide family preservation services:

13         (a)  To families whose children are at risk of imminent

14  out-of-home placement because they are dependent;,

15         (b)  To reunite families whose children have been

16  removed and placed in foster care;, and

17         (c)  To maintain adoptive families intact who are at

18  risk of fragmentation.

19

20  The Family Builders Program shall provide programs to achieve

21  long-term changes within families that will allow children to

22  remain with their families as an alternative to the more

23  expensive and potentially psychologically damaging program of

24  out-of-home placement.

25         Section 19.  Subsections (1), (5), and (10) of section

26  39.312, Florida Statutes, 1998 Supplement, are amended to

27  read:

28         39.312  Goals.--The goals of any Family Builders

29  Program shall be to:

30         (1)  Ensure the protection of the child's child health

31  and safety while working with the family.

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  1         (5)  Assist and educate parents in Perform household

  2  maintenance, budgeting, and purchasing when parents are unable

  3  to do so on their own or need temporary relief.

  4         (10)  Provide such additional reasonable services for

  5  the prevention of child abuse, abandonment, and neglect

  6  maltreatment and unnecessary foster care as may be needed in

  7  order to strengthen a family at risk.

  8         Section 20.  Section 39.313, Florida Statutes, 1998

  9  Supplement, is amended to read:

10         39.313  Contracting of services.--The department may

11  contract for the delivery of Family Builders Program services

12  by professionally qualified persons or local governments when

13  it determines that it is in the child's family's best

14  interest.  The service provider or program operator must

15  submit to the department monthly activity reports covering any

16  services rendered.  These activity reports must include

17  project evaluation in relation to individual families being

18  served, as well as statistical data concerning families

19  referred for services who are not served due to the

20  unavailability of resources.  The costs of program evaluation

21  are an allowable cost consideration in any service contract

22  negotiated in accordance with this section.

23         Section 21.  Section 39.395, Florida Statutes, 1998

24  Supplement, is amended to read:

25         39.395  Detaining a child; medical or hospital

26  personnel.--Any person in charge of a hospital or similar

27  institution, or any physician or licensed health care

28  professional treating a child may detain that child without

29  the consent of the parents, caregiver, or legal custodian,

30  whether or not additional medical treatment is required, if

31  the circumstances are such, or if the condition of the child

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  1  is such that returning the child to the care or custody of the

  2  parents, caregiver, or legal custodian presents an imminent

  3  danger to the child's life or physical or mental health.  Any

  4  such person detaining a child shall immediately notify the

  5  department, whereupon the department shall immediately begin a

  6  child protective investigation in accordance with the

  7  provisions of this chapter and shall make every reasonable

  8  effort to immediately notify the parents, caregiver, or legal

  9  custodian that such child has been detained.  If the

10  department determines, according to the criteria set forth in

11  this chapter, that the child should be detained longer than 24

12  hours, it shall petition the court through the attorney

13  representing the Department of Children and Family Services as

14  quickly as possible and not to exceed 24 hours, for an order

15  authorizing such custody in the same manner as if the child

16  were placed in a shelter.  The department shall attempt to

17  avoid the placement of a child in an institution whenever

18  possible.

19         Section 22.  Paragraph (b) of subsection (1), paragraph

20  (a) of subsection (2), and subsection (3) of section 39.401,

21  Florida Statutes, 1998 Supplement, are amended to read:

22         39.401  Taking a child alleged to be dependent into

23  custody; law enforcement officers and authorized agents of the

24  department.--

25         (1)  A child may only be taken into custody:

26         (b)  By a law enforcement officer, or an authorized

27  agent of the department, if the officer or authorized agent

28  has probable cause to support a finding or reasonable grounds

29  for removal and that removal is necessary to protect the

30  child.  Reasonable grounds for removal are as follows:

31

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  1         1.  That the child has been abused, neglected, or

  2  abandoned, or is suffering from or is in imminent danger of

  3  illness  or injury as a result of abuse, neglect, or

  4  abandonment;

  5         2.  That the parent or, legal custodian, caregiver, or

  6  responsible adult relative of the child has materially

  7  violated a condition of placement imposed by the court; or

  8         3.  That the child has no parent, legal custodian,

  9  caregiver, or responsible adult relative immediately known and

10  available to provide supervision and care.

11         (2)  If the law enforcement officer takes the child

12  into custody, that officer shall:

13         (a)  Release the child to:

14         1.  The parent, caregiver, or legal custodian of the

15  child;

16         2.  A responsible adult approved by the court when

17  limited to temporary emergency situations;

18         3.  A responsible adult relative who shall be given

19  priority consideration over a nonrelative placement when this

20  is in the best interests of the child; or

21         4.  A responsible adult approved by the department; or

22

23  For cases involving allegations of abandonment, abuse, or

24  neglect, or other dependency cases, within 3 days after such

25  release or within 3 days after delivering the child to an

26  authorized agent of the department, the law enforcement

27  officer who took the child into custody shall make a full

28  written report to the department.

29         (3)  If the child is taken into custody by, or is

30  delivered to, an authorized agent of the department, the

31  authorized agent shall review the facts supporting the removal

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  1  with an attorney representing the department. The purpose of

  2  this review shall be to determine whether probable cause

  3  exists for the filing of a shelter petition.  If the facts are

  4  not sufficient to support the filing of a shelter petition,

  5  the child shall immediately be returned to the custody of the

  6  parent, caregiver, or legal custodian. If the facts are

  7  sufficient to support the filing of the shelter petition and

  8  the child has not been returned to the custody of the parent

  9  or legal custodian, the department shall file the petition and

10  schedule a hearing, and the attorney representing the

11  department of Children and Family Services shall request that

12  a shelter such hearing to be held as quickly as possible, and

13  not to exceed 24 hours after the removal of the child. While

14  awaiting the shelter hearing, the authorized agent of the

15  department may place the child in licensed shelter care or may

16  release the child to a parent, legal custodian, caregiver, or

17  responsible adult relative who shall be given priority

18  consideration over a licensed placement, or a responsible

19  adult approved by the department when this is in the best

20  interests of the child.  Any placement of a child which is not

21  in a licensed shelter must be preceded by a local and state

22  criminal records check, as well as a search of the

23  department's automated abuse information system, on all

24  members of the household, to assess the child's safety within

25  the home.  In addition, the department may authorize placement

26  of a housekeeper/homemaker in the home of a child alleged to

27  be dependent until the parent or legal custodian assumes care

28  of the child.

29         Section 23.  Subsections (1), (5), (11), and (15),

30  paragraph (b) of subsection (6), and paragraph (f) of

31

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  1  subsection (8) of section 39.402, Florida Statutes, 1998

  2  Supplement, are amended to read:

  3         39.402  Placement in a shelter.--

  4         (1)  Unless ordered by the court under this chapter, a

  5  child taken into custody shall not be placed in a shelter

  6  prior to a court hearing unless there is probable cause to

  7  believe that are reasonable grounds for removal and removal is

  8  necessary to protect the child.  Reasonable grounds for

  9  removal are as follows:

10         (a)  The child has been abused, neglected, or

11  abandoned, or is suffering from or is in imminent danger of

12  illness or injury as a result of abuse, neglect, or

13  abandonment;

14         (b)  The parent or legal custodian of the child has

15  materially violated a condition of placement imposed by the

16  court; or

17         (c)  The child has no parent, legal custodian,

18  caregiver, or responsible adult relative immediately known and

19  available to provide supervision and care.

20         (5)(a)  The parents or legal custodians of the child

21  shall be given such notice as best ensures their actual

22  knowledge notice of the date, time, and location of the

23  shelter hearing.  If the parents or legal custodians are

24  outside the jurisdiction of the court, are not known, or

25  cannot be located or refuse or evade service, they shall be

26  given such notice as best ensures their actual knowledge of

27  the date, time, and location of the shelter hearing.  The

28  person providing or attempting to provide notice to the

29  parents or legal custodians shall, if the parents or legal

30  custodians are not present at the hearing, advise the court

31

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  1  either in person or by sworn affidavit, of the attempts made

  2  to provide notice and the results of those attempts.

  3         (b)  The parents or legal custodians shall be given

  4  written notice that:

  5         1.  They will be given an opportunity to be heard and

  6  to present evidence at the shelter hearing; and

  7         2.  They have the right to be represented by counsel,

  8  and, if indigent, the parents have the right to be represented

  9  by appointed counsel, at the shelter hearing and at each

10  subsequent hearing or proceeding, pursuant to the procedures

11  set forth in s. 39.013. If the parents or legal custodians

12  appear for the shelter hearing without legal counsel, then, at

13  their request, the shelter hearing may be continued up to 72

14  hours to enable the parents or legal custodians to consult

15  legal counsel. If a continuance is requested by the parents or

16  legal custodians, the child shall be continued in shelter care

17  for the length of the continuance, if granted by the court.

18         (6)

19         (b)  The shelter petition filed with the court must

20  address each condition required to be determined by the court

21  in paragraphs (8)(a), and (b), (d), and (f).

22         (8)

23         (f)  The order for placement of a child in shelter care

24  must identify the parties present at the hearing and must

25  contain written findings:

26         1.  That placement in shelter care is necessary based

27  on the criteria in subsections (1) and (2).

28         2.  That placement in shelter care is in the best

29  interest of the child.

30         3.  That continuation of the child in the home is

31  contrary to the welfare of the child because the home

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  1  situation presents a substantial and immediate danger to the

  2  child's physical, mental, or emotional health or safety which

  3  cannot be mitigated by the provision of preventive services.

  4         4.  That based upon the allegations of the petition for

  5  placement in shelter care, there is probable cause to believe

  6  that the child is dependent.

  7         5.  That the department has made reasonable efforts to

  8  prevent or eliminate the need for removal of the child from

  9  the home.  A finding of reasonable effort by the department to

10  prevent or eliminate the need for removal may be made and the

11  department is deemed to have made reasonable efforts to

12  prevent or eliminate the need for removal if:

13         a.  The first contact of the department with the family

14  occurs during an emergency;.

15         b.  The appraisal of the home situation by the

16  department indicates that the home situation presents a

17  substantial and immediate danger to the child's physical,

18  mental, or emotional health or safety which cannot be

19  mitigated by the provision of preventive services;.

20         c.  The child cannot safely remain at home, either

21  because there are no preventive services that can ensure the

22  health and safety of the child or because, even with

23  appropriate and available services being provided, the health

24  and safety of the child cannot be ensured; or.

25         d.  The parent or legal custodian is alleged to have

26  committed any of the acts listed as grounds for expedited

27  termination of parental rights in s. 39.806(1)(f)-(i).

28         6.  That the court notified the parents or legal

29  custodians of the time, date, and location of the next

30  dependency hearing subsequent dependency proceedings,

31  including scheduled hearings, and of the importance of the

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  1  active participation of the parents or legal custodians in all

  2  those subsequent proceedings and hearings.

  3         7.  That the court notified the parents or legal

  4  custodians of their right to counsel to represent them at the

  5  shelter hearing and at each subsequent hearing or proceeding,

  6  and the right of the parents to appointed counsel, pursuant to

  7  the procedures set forth in s. 39.013.

  8         (11)  If a child is placed in a shelter pursuant to a

  9  court order following a shelter hearing, the court shall

10  require in the prepare a shelter hearing order that requiring

11  the parents of the child, or the guardian of the child's

12  estate, if possessed of assets which under law may be

13  disbursed for the care, support, and maintenance of the child,

14  to pay, to the department or institution having custody of the

15  child, fees as established by the department.  When the order

16  affects the guardianship estate, a certified copy of the order

17  shall be delivered to the judge having jurisdiction of the

18  guardianship estate. The shelter order shall also require the

19  parents or legal custodians to provide to the department and

20  any other state agency or party designated by the court,

21  within 28 days after entry of the shelter order, the financial

22  information necessary to accurately calculate child support

23  pursuant to s. 61.30.

24         (15)  At the conclusion of a shelter hearing, the court

25  shall notify all parties in writing of the next scheduled

26  hearing to review the shelter placement. Such hearing shall be

27  held no later than 30 days after placement of the child in

28  shelter status, in conjunction with the arraignment hearing,

29  and every 15 days thereafter until the child is released from

30  shelter status.

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  1         Section 24.  Subsections (1), (2), (3), (4), (5), and

  2  (11) of section 39.407, Florida Statutes, 1998 Supplement, are

  3  amended to read:

  4         39.407  Medical, psychiatric, and psychological

  5  examination and treatment of child; physical or mental

  6  examination of parent or person requesting custody of child.--

  7         (1)  When any child is removed from the home and

  8  maintained in an out-of-home placement taken into custody and

  9  is to be detained in shelter care, the department is

10  authorized to have a medical screening performed on the child

11  without authorization from the court and without consent from

12  a parent or legal custodian.  Such medical screening shall be

13  performed by a licensed health care professional and shall be

14  to examine the child for injury, illness, and communicable

15  diseases and to determine the need for immunization.  The

16  department shall by rule establish the invasiveness of the

17  medical procedures authorized to be performed under this

18  subsection.  In no case does this subsection authorize the

19  department to consent to medical treatment for such children.

20         (2)  When the department has performed the medical

21  screening authorized by subsection (1), or when it is

22  otherwise determined by a licensed health care professional

23  that a child who is in an out-of-home placement the custody of

24  the department, but who has not been committed to the

25  department, is in need of medical treatment, including the

26  need for immunization, consent for medical treatment shall be

27  obtained in the following manner:

28         (a)1.  Consent to medical treatment shall be obtained

29  from a parent or legal custodian of the child; or

30         2.  A court order for such treatment shall be obtained.

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  1         (b)  If a parent or legal custodian of the child is

  2  unavailable and his or her whereabouts cannot be reasonably

  3  ascertained, and it is after normal working hours so that a

  4  court order cannot reasonably be obtained, an authorized agent

  5  of the department shall have the authority to consent to

  6  necessary medical treatment, including immunization, for the

  7  child. The authority of the department to consent to medical

  8  treatment in this circumstance shall be limited to the time

  9  reasonably necessary to obtain court authorization.

10         (c)  If a parent or legal custodian of the child is

11  available but refuses to consent to the necessary treatment,

12  including immunization, a court order shall be required unless

13  the situation meets the definition of an emergency in s.

14  743.064 or the treatment needed is related to suspected abuse,

15  abandonment, or neglect of the child by a parent, caregiver,

16  or legal custodian.  In such case, the department shall have

17  the authority to consent to necessary medical treatment.  This

18  authority is limited to the time reasonably necessary to

19  obtain court authorization.

20

21  In no case shall the department consent to sterilization,

22  abortion, or termination of life support.

23         (3)  A judge may order a child in an out-of-home

24  placement the physical custody of the department to be

25  examined by a licensed health care professional.  The judge

26  may also order such child to be evaluated by a psychiatrist or

27  a psychologist, by a district school board educational needs

28  assessment team, or, if a developmental disability is

29  suspected or alleged, by the developmental disability

30  diagnostic and evaluation team of the department.  If it is

31  necessary to place a child in a residential facility for such

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  1  evaluation, then the criteria and procedure established in s.

  2  394.463(2) or chapter 393 shall be used, whichever is

  3  applicable. The educational needs assessment provided by the

  4  district school board educational needs assessment team shall

  5  include, but not be limited to, reports of intelligence and

  6  achievement tests, screening for learning disabilities and

  7  other handicaps, and screening for the need for alternative

  8  education as defined in s. 230.23.

  9         (4)  A judge may order a child in an out-of-home

10  placement the physical custody of the department to be treated

11  by a licensed health care professional based on evidence that

12  the child should receive treatment.  The judge may also order

13  such child to receive mental health or retardation services

14  from a psychiatrist, psychologist, or other appropriate

15  service provider.  If it is necessary to place the child in a

16  residential facility for such services, then the procedures

17  and criteria established in s. 394.467 or chapter 393 shall be

18  used, whichever is applicable. A child may be provided mental

19  health or retardation services in emergency situations,

20  pursuant to the procedures and criteria contained in s.

21  394.463(1) or chapter 393, whichever is applicable.

22         (5)  When a child is in an out-of-home placement the

23  physical custody of the department, a licensed health care

24  professional shall be immediately called if there are

25  indications of physical injury or illness, or the child shall

26  be taken to the nearest available hospital for emergency care.

27         (11)  The parents or legal custodian of a child in an

28  out-of-home placement the physical custody of the department

29  remain financially responsible for the cost of medical

30  treatment provided to the child even if either one or both of

31  the parents or if the legal custodian did not consent to the

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  1  medical treatment. After a hearing, the court may order the

  2  parents or legal custodian, if found able to do so, to

  3  reimburse the department or other provider of medical services

  4  for treatment provided.

  5         Section 25.  Paragraphs (a) and (d) of subsection (3)

  6  and subsection (4) of section 39.501, Florida Statutes, 1998

  7  Supplement, are amended to read:

  8         39.501  Petition for dependency.--

  9         (3)(a)  The petition shall be in writing, shall

10  identify and list all parents, if known, and all current

11  caregivers or legal custodians of the child, and shall be

12  signed by the petitioner under oath stating the petitioner's

13  good faith in filing the petition. When the petition is filed

14  by the department, it shall be signed by an attorney for the

15  department.

16         (d)  The petitioner must state in the petition, if

17  known, whether:

18         1.  A parent or, legal custodian, or caregiver named in

19  the petition has previously unsuccessfully participated in

20  voluntary services offered by the department;

21         2.  A parent or legal custodian named in the petition

22  has participated in mediation and whether a mediation

23  agreement exists;

24         3.  A parent or legal custodian has rejected the

25  voluntary services offered by the department; or

26         4.  The department has determined that voluntary

27  services are not appropriate for this family and the reasons

28  for such determination.

29         (4)  When a child has been placed in shelter status by

30  order of the court, a petition alleging dependency must be

31  filed within 7 days upon demand of a party, but no later than

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  1  21 days after the shelter hearing, or within 7 days after any

  2  party files a demand for the early filing of a dependency

  3  petition, whichever comes first. In all other cases, the

  4  petition must be filed within a reasonable time after the date

  5  the child was referred to protective investigation. The

  6  child's parent, guardian, or legal custodian must be served

  7  with a copy of the petition at least 72 hours before the

  8  arraignment hearing.

  9         Section 26.  Subsections (1), (4), (8), (10), and (13)

10  of section 39.502, Florida Statutes, 1998 Supplement, are

11  amended to read:

12         39.502  Notice, process, and service.--

13         (1)  Unless parental rights have been terminated, all

14  parents and legal custodians must be notified of all

15  proceedings or hearings involving the child. Notice in cases

16  involving shelter hearings and hearings resulting from medical

17  emergencies must be that most likely to result in actual

18  notice to the parents and legal custodians. In all other

19  dependency proceedings, notice must be provided in accordance

20  with subsections (4) through (9).

21         (4)  The summons shall require the person on whom it is

22  served to appear for a hearing at a time and place specified,

23  not less than 72 24 hours after service of the summons.  A

24  copy of the petition shall be attached to the summons.

25         (8)  It is not necessary to the validity of a

26  proceeding covered by this part that the parents, caregivers,

27  or legal custodians be present if their identity or residence

28  is unknown after a diligent search has been made, but in this

29  event the petitioner shall file an affidavit of diligent

30  search prepared by the person who made the search and inquiry,

31  and the court may appoint a guardian ad litem for the child.

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  1         (10)  Service by publication shall not be required for

  2  dependency hearings and the failure to serve a party or give

  3  notice to a participant shall not affect the validity of an

  4  order of adjudication or disposition if the court finds that

  5  the petitioner has completed a diligent search for that party

  6  or participant.

  7         (13)  Subpoenas may be served within the state by any

  8  person over 18 years of age who is not a party to the

  9  proceeding and, in addition, may be served by authorized

10  agents of the department or the guardian ad litem.

11         Section 27.  Subsections (1) and (6) of section 39.503,

12  Florida Statutes, 1998 Supplement, are amended to read:

13         39.503  Identity or location of parent or legal

14  custodian unknown; special procedures.--

15         (1)  If the identity or location of a parent or legal

16  custodian is unknown and a petition for dependency or shelter

17  is filed, the court shall conduct the following inquiry of the

18  parent or legal custodian who is available, or, if no parent

19  or legal custodian is available, of any relative or custodian

20  of the child who is present at the hearing and likely to have

21  the information:

22         (a)  Whether the mother of the child was married at the

23  probable time of conception of the child or at the time of

24  birth of the child.

25         (b)  Whether the mother was cohabiting with a male at

26  the probable time of conception of the child.

27         (c)  Whether the mother has received payments or

28  promises of support with respect to the child or because of

29  her pregnancy from a man who claims to be the father.

30

31

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  1         (d)  Whether the mother has named any man as the father

  2  on the birth certificate of the child or in connection with

  3  applying for or receiving public assistance.

  4         (e)  Whether any man has acknowledged or claimed

  5  paternity of the child in a jurisdiction in which the mother

  6  resided at the time of or since conception of the child, or in

  7  which the child has resided or resides.

  8         (6)  The diligent search required by subsection (5)

  9  must include, at a minimum, inquiries of all relatives of the

10  parent or prospective parent made known to the petitioner,

11  inquiries of all offices of program areas of the department

12  likely to have information about the parent or prospective

13  parent, inquiries of other state and federal agencies likely

14  to have information about the parent or prospective parent,

15  inquiries of appropriate utility and postal providers, and

16  inquiries of appropriate law enforcement agencies. Pursuant to

17  s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(B)(4),

18  the department, as the state agency administering Titles IV-B

19  and IV-E of the act, shall be provided access to the federal

20  and state parent locator service for diligent search

21  activities.

22         Section 28.  Paragraph (a) of subsection (1) and

23  paragraph (a) of subsection (3) of section 39.504, Florida

24  Statutes, 1998 Supplement, are amended to read:

25         39.504  Injunction pending disposition of petition;

26  penalty.--

27         (1)(a)  When a petition for shelter placement detention

28  or a petition for dependency has been filed or when a child

29  has been taken into custody and reasonable cause, as defined

30  in paragraph (b), exists, the court, upon the request of the

31  department, a law enforcement officer, the state attorney, or

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  1  other responsible person, or upon its own motion, shall have

  2  the authority to issue an injunction to prevent any act of

  3  child abuse or any unlawful sexual offense involving a child.

  4         (3)(a)  In every instance in which an injunction is

  5  issued under this section, the purpose of the injunction shall

  6  be primarily to protect and promote the best interests of the

  7  child, taking the preservation of the child's immediate family

  8  into consideration.  The effective period of the injunction

  9  shall be determined by the court, except that the injunction

10  will expire at the time of the disposition of the petition for

11  shelter placement detention or dependency.

12         Section 29.  Section 39.506, Florida Statutes, 1998

13  Supplement, is amended to read:

14         39.506  Arraignment hearings.--

15         (1)  When a child has been sheltered detained by order

16  of the court, an arraignment hearing must be held no later

17  than 28 days after the shelter hearing, or, within 7 days

18  after the date of filing of the dependency petition if a

19  demand for early filing has been made by any party, for the

20  parent or legal custodian to admit, deny, or consent to

21  findings of dependency alleged in the petition. If the parent

22  or legal custodian admits or consents to the findings in the

23  petition, the court shall conduct a disposition hearing within

24  15 days after the arraignment hearing proceed as set forth in

25  the Florida Rules of Juvenile Procedure. However, if the

26  parent or legal custodian denies any of the allegations of the

27  petition, the court shall hold an adjudicatory hearing within

28  30 days after the date of the arraignment hearing unless a

29  continuance is granted pursuant to this chapter.

30         (2)  When a child is in the custody of the parent or

31  legal custodian, upon the filing of a petition the clerk shall

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  1  set a date for an arraignment hearing within a reasonable time

  2  after the date of the filing. If the parent or legal custodian

  3  admits or consents to an adjudication, the court shall conduct

  4  a disposition hearing within 15 days after the arraignment

  5  hearing proceed as set forth in the Florida Rules of Juvenile

  6  Procedure. However, if the parent or legal custodian denies

  7  any of the allegations of dependency, the court shall hold an

  8  adjudicatory hearing within 30 days a reasonable time after

  9  the date of the arraignment hearing.

10         (3)  Failure of a person served with notice to

11  personally respond or appear at the arraignment hearing

12  constitutes the person's consent to a dependency adjudication.

13  The document containing the notice to respond or appear must

14  contain, in type at least as large as the balance of the

15  document, the following or substantially similar language:

16  "FAILURE TO RESPOND TO THIS NOTICE OR TO PERSONALLY APPEAR AT

17  THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE

18  ADJUDICATION OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD

19  (OR CHILDREN) AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF

20  THIS CHILD (OR CHILDREN)." If a person appears for the

21  arraignment hearing and the court orders that person to

22  personally appear at the adjudicatory hearing for dependency,

23  stating the date, time, and place of the adjudicatory hearing,

24  then that person's failure to appear for the scheduled

25  adjudicatory hearing constitutes consent to a dependency

26  adjudication.

27         (4)  At the arraignment hearing, each party shall

28  provide to the court a permanent mailing address. The court

29  shall advise each party that this address will be used by the

30  court and the petitioner for notice purposes unless and until

31

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  1  the party notifies the court and the petitioner in writing of

  2  a new mailing address.

  3         (5)  If at the arraignment hearing the parent or legal

  4  custodian consents or admits to the allegations in the

  5  petition, the court shall proceed to hold a disposition

  6  dispositional hearing no more than 15 days after the date of

  7  the arraignment hearing unless a continuance is necessary.

  8         (6)  At any arraignment hearing, if the child is in an

  9  out-of-home placement, the court shall order visitation rights

10  absent a clear and convincing showing that visitation is not

11  in the best interest of the child.

12         (7)  The court shall review whether the department has

13  made a reasonable effort to prevent or eliminate the need for

14  removal or continued removal of the child from the home. If

15  the court determines that the department has not made such an

16  effort, the court shall order the department to provide

17  appropriate and available services to assure the protection of

18  the child in the home when such services are necessary for the

19  child's physical, mental, or emotional health and safety.

20         (8)  At the arraignment hearing, and no more than every

21  15 days thereafter until the child is returned home or a

22  disposition hearing has been conducted, the court shall review

23  the necessity for the child's continued placement in the

24  shelter. The court shall also make a written determination

25  regarding the child's continued placement in shelter within 24

26  hours after any violation of the time requirements for the

27  filing of a petition or prior to the court's granting any

28  continuance as specified in subsection (5).

29         (9)  At the conclusion of the arraignment hearing, all

30  parties shall be notified in writing by the court of the date,

31  time, and location for the next scheduled hearing.

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  1         Section 30.  Subsections (2), (5), (6), and (7) of

  2  section 39.507, Florida Statutes, 1998 Supplement, are amended

  3  to read:

  4         39.507  Adjudicatory hearings; orders of

  5  adjudication.--

  6         (2)  All hearings, except as provided in this section,

  7  shall be open to the public, and a person may not be excluded

  8  except on special order of the judge, who may close any

  9  hearing to the public upon determining that the public

10  interest or the welfare of the child is best served by so

11  doing. However, The parents shall be allowed to obtain

12  discovery pursuant to the Florida Rules of Juvenile Procedure,

13  provided such discovery does not violate.  However, nothing in

14  this subsection shall be construed to affect the provisions of

15  s. 39.202. Hearings involving more than one child may be held

16  simultaneously when the children involved are related to each

17  other or were involved in the same case. The child and the

18  parents, caregivers, or legal custodians of the child may be

19  examined separately and apart from each other.

20         (5)  If the court finds that the child named in the

21  petition is dependent, but finds that no action other than

22  supervision in the child's home is required, it may enter an

23  order briefly stating the facts upon which its finding is

24  based, but withholding an order of adjudication and placing

25  the child's home under the supervision of the department.  If

26  the court later finds that the parents, caregivers, or legal

27  custodians of the child have not complied with the conditions

28  of supervision imposed, the court may, after a hearing to

29  establish the noncompliance, but without further evidence of

30  the state of dependency, enter an order of adjudication and

31  shall thereafter have full authority under this chapter to

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  1  provide for the child as adjudicated. If the child is to

  2  remain in an out-of-home placement by order of the court, the

  3  court must adjudicate the child dependent.

  4         (6)  If the court finds that the child named in a

  5  petition is dependent, but chooses not to withhold

  6  adjudication or is prohibited from withholding adjudication

  7  shall elect not to proceed under subsection (5), it shall

  8  incorporate that finding in an order of adjudication entered

  9  in the case, briefly stating the facts upon which the finding

10  is made, and the court shall thereafter have full authority

11  under this chapter to provide for the child as adjudicated.

12         (7)  At the conclusion of the adjudicatory hearing, if

13  the child named in the petition is found dependent, the court

14  shall schedule the disposition hearing within 30 days after

15  the last day of the adjudicatory hearing the filing of the

16  adjudicatory order. All parties shall be notified in writing

17  at the conclusion of the adjudicatory hearing by the clerk of

18  the court of the date, time, and location of the disposition

19  hearing.

20         Section 31.  Section 39.508, Florida Statutes, 1998

21  Supplement, is amended to read:

22         39.508  Disposition hearings; powers of disposition.--

23         (1)  At the disposition hearing, if the court finds

24  that the facts alleged in the petition for dependency were

25  proven in the adjudicatory hearing, or if the parents,

26  caregivers, or legal custodians have consented to the finding

27  of dependency or admitted the allegations in the petition,

28  have failed to appear for the arraignment hearing after proper

29  notice, or have not been located despite a diligent search

30  having been conducted, the court shall receive and consider a

31

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  1  case plan and a predisposition study, which must be in writing

  2  and presented by an authorized agent of the department.

  3         (2)  The predisposition study shall cover for any

  4  dependent child all factors specified in s. 61.13(3), and must

  5  also provide the court with the following documented

  6  information:

  7         (a)  An assessment defining the dangers and risks of

  8  returning the child home, including a description of the

  9  changes in and resolutions to the initial risks.

10         (b)  A description of what risks are still present and

11  what resources are available and will be provided for the

12  protection and safety of the child.

13         (c)  A description of the benefits of returning the

14  child home.

15         (d)  A description of all unresolved issues.

16         (e)  An abuse registry history and criminal records

17  check for all caregivers, family members, and individuals

18  residing within the household.

19         (f)  The complete report and recommendation of the

20  child protection team of the Department of Health or, if no

21  report exists, a statement reflecting that no report has been

22  made.

23         (g)  All opinions or recommendations from other

24  professionals or agencies that provide evaluative, social,

25  reunification, or other services to the family.

26         (h)  The availability of appropriate prevention and

27  reunification services for the family to prevent the removal

28  of the child from the home or to reunify the child with the

29  family after removal, including the availability of family

30  preservation services through the Family Builders Program, the

31  Intensive Crisis Counseling Program, or both.

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  1         (i)  The inappropriateness of other prevention and

  2  reunification services that were available.

  3         (j)  The efforts by the department to prevent

  4  out-of-home placement of the child or, when applicable, to

  5  reunify the family if appropriate services were available,

  6  including the application of intensive family preservation

  7  services through the Family Builders Program, the Intensive

  8  Crisis Counseling Program, or both.

  9         (k)  Whether the services were provided to the family

10  and child.

11         (l)  If the services were provided, whether they were

12  sufficient to meet the needs of the child and the family and

13  to enable the child to remain safely at home or to be returned

14  home.

15         (m)  If the services were not provided, the reasons for

16  such lack of action.

17         (n)  The need for, or appropriateness of, continuing

18  the services if the child remains in the custody of the family

19  or if the child is placed outside the home.

20         (o)  Whether family mediation was provided.

21         (p)  If the child has been removed from the home and

22  there is a parent, caregiver, or legal custodian who may be

23  considered for custody pursuant to this section, a

24  recommendation as to whether placement of the child with that

25  parent, caregiver, or legal custodian would be detrimental to

26  the child.

27         (q)  If the child has been removed from the home and

28  will be remaining with a relative or other adult approved by

29  the court caregiver, a home study report concerning the

30  proposed placement shall be included in the predisposition

31  report.

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  1         (r)  If the child has been removed from the home, a

  2  determination of the amount of child support each parent will

  3  be required to pay pursuant to s. 61.30.

  4

  5  Any other relevant and material evidence, including other

  6  written or oral reports, may be received by the court in its

  7  effort to determine the action to be taken with regard to the

  8  child and may be relied upon to the extent of its probative

  9  value, even though not competent in an adjudicatory hearing.

10  Except as otherwise specifically provided, nothing in this

11  section prohibits the publication of proceedings in a hearing.

12         (3)(a)  Prior to recommending to the court any

13  out-of-home placement for a child other than placement in a

14  licensed shelter or foster home, the department shall conduct

15  a study of the home of the proposed legal custodians

16  caregivers, which must include, at a minimum:

17         1.  An interview with the proposed legal custodians

18  adult caregivers to assess their ongoing commitment and

19  ability to care for the child.

20         2.  Records checks through the department's automated

21  abuse information system, and local and statewide criminal and

22  juvenile records checks through the Department of Law

23  Enforcement, on all household members 12 years of age or older

24  and any other persons made known to the department who are

25  frequent visitors in the home.

26         3.  An assessment of the physical environment of the

27  home.

28         4.  A determination of the financial security of the

29  proposed legal custodians caregivers.

30

31

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  1         5.  A determination of suitable child care arrangements

  2  if the proposed legal custodians caregivers are employed

  3  outside of the home.

  4         6.  Documentation of counseling and information

  5  provided to the proposed legal custodians caregivers regarding

  6  the dependency process and possible outcomes.

  7         7.  Documentation that information regarding support

  8  services available in the community has been provided to the

  9  proposed legal custodians caregivers.

10         (b)  The department shall not place the child or

11  continue the placement of the child in the home of the

12  proposed legal custodians caregivers if the results of the

13  home study are unfavorable.

14         (4)  If placement of the child with anyone other than

15  the child's parent, caregiver, or legal custodian is being

16  considered, the predisposition study shall include the

17  designation of a specific length of time as to when custody by

18  the parent, caregiver, or legal custodian will be

19  reconsidered.

20         (5)  The predisposition study may not be made before

21  the adjudication of dependency unless the parents, caregivers,

22  or legal custodians of the child consent.

23         (6)  A case plan and predisposition study must be filed

24  with the court and served upon the parents, caregivers, or

25  legal custodians of the child, provided to the representative

26  of the guardian ad litem program, if the program has been

27  appointed, and provided to all other parties not less than 72

28  hours before the disposition hearing. All such case plans must

29  be approved by the court. If the court does not approve the

30  case plan at the disposition hearing, the court must set a

31

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  1  hearing within 30 days after the disposition hearing to review

  2  and approve the case plan.

  3         (7)  The initial judicial review must be held no later

  4  than 90 days after the date of the disposition hearing or

  5  after the date of the hearing at which the court approves the

  6  case plan, whichever occurs earlier, but in no event shall the

  7  review be held later than 6 months after the date of the

  8  child's removal from the home.

  9         (8)  When any child is adjudicated by a court to be

10  dependent, and the court finds that removal of the child from

11  the custody of a parent or, legal custodian, or caregiver is

12  necessary, the court shall first determine whether there is a

13  parent with whom the child was not residing at the time the

14  events or conditions arose that brought the child within the

15  jurisdiction of the court who desires to assume custody of the

16  child and, if such parent requests custody, the court shall

17  place the child with the parent unless it finds that such

18  placement would endanger the safety, well-being, or physical,

19  mental, or emotional health of the child. Any party with

20  knowledge of the facts may present to the court evidence

21  regarding whether the placement will endanger the safety,

22  well-being, or physical, mental, or emotional health of the

23  child. If the court places the child with such parent, it may

24  do either of the following:

25         (a)  Order that the parent become the legal and

26  physical custodian of the child. The court may also provide

27  for reasonable visitation by the noncustodial parent. The

28  court may shall then terminate its jurisdiction over the

29  child. The custody order shall continue unless modified by a

30  subsequent order of the circuit court hearing dependency

31  matters. The order of the juvenile court shall be filed in any

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  1  dissolution or other custody action or proceeding between the

  2  parents and shall take precedence over other custody and

  3  visitation orders entered in those actions.

  4         (b)  Order that the parent assume custody subject to

  5  the jurisdiction of the circuit juvenile court hearing

  6  dependency matters. The court may order that reunification

  7  services be provided to the parent, caregiver, or legal

  8  custodian from whom the child has been removed, that services

  9  be provided solely to the parent who is assuming physical

10  custody in order to allow that parent to retain later custody

11  without court jurisdiction, or that services be provided to

12  both parents, in which case the court shall determine at every

13  review hearing which parent, if either, shall have custody of

14  the child. The standard for changing custody of the child from

15  one parent to another or to a relative or another adult

16  approved by the court shall be the best interest of the child

17  caregiver must meet the home study criteria and court approval

18  pursuant to this chapter.

19         (9)(a)  When any child is adjudicated by a court to be

20  dependent, the court having jurisdiction of the child has the

21  power, by order, to:

22         1.  Require the parent, caregiver, or legal custodian,

23  and the child when appropriate, to participate in treatment

24  and services identified as necessary.

25         2.  Require the parent, caregiver, or legal custodian,

26  and the child when appropriate, to participate in mediation if

27  the parent, caregiver, or legal custodian refused to

28  participate in mediation.

29         3.  Place the child under the protective supervision of

30  an authorized agent of the department, either in the child's

31  own home or, the prospective custodian being willing, in the

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  1  home of a relative of the child or of another adult a

  2  caregiver approved by the court, or in some other suitable

  3  place under such reasonable conditions as the court may

  4  direct. Protective supervision continues until the court

  5  terminates it or until the child reaches the age of 18,

  6  whichever date is first. Protective supervision shall be

  7  terminated by the court whenever the court determines that

  8  permanency has been achieved for the child, whether with a

  9  parent, another relative, or a legal custodian, or a

10  caregiver, and that protective supervision is no longer

11  needed.  The termination of supervision may be with or without

12  retaining jurisdiction, at the court's discretion, and shall

13  in either case be considered a permanency option for the

14  child.  The order terminating supervision by the department

15  shall set forth the powers of the custodian of the child and

16  shall include the powers ordinarily granted to a guardian of

17  the person of a minor unless otherwise specified. Upon the

18  court's termination of supervision by the department, no

19  further judicial reviews are required, so long as permanence

20  has been established for the child.

21         4.  Place the child in the temporary legal custody of

22  an adult relative or other adult caregiver approved by the

23  court who is willing to care for the child. The department

24  must supervise this placement until the child reaches

25  permanency status in this home, and in no case for a period of

26  less than 6 months. Permanency in a relative placement shall

27  be by adoption, long-term custody, or guardianship.

28         5.a.  When the parents have failed to comply with a

29  case plan and the court determines at a judicial review

30  hearing, or at an adjudication hearing held pursuant to this

31  section, that neither reunification, termination of parental

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  1  rights, nor adoption is in the best interest of the child, the

  2  court may place the child in the long-term custody of an adult

  3  relative or other adult caregiver approved by the court

  4  willing to care for the child, if all of the following

  5  conditions are met:

  6         (I)  A case plan describing the responsibilities of the

  7  relative or other adult caregiver, the department, and any

  8  other party must have been submitted to the court.

  9         (II)  The case plan for the child does not include

10  reunification with the parents or adoption by the relative or

11  other adult caregiver.

12         (III)  The child and the relative or other adult

13  caregiver are determined not to need protective supervision or

14  preventive services to ensure the stability of the long-term

15  custodial relationship, or the department assures the court

16  that protective supervision or preventive services will be

17  provided in order to ensure the stability of the long-term

18  custodial relationship.

19         (IV)  Each party to the proceeding agrees that a

20  long-term custodial relationship does not preclude the

21  possibility of the child returning to the custody of the

22  parent at a later date, should the parent demonstrate a

23  material change in circumstances and the return of the child

24  to the parent is in the child's best interest.

25         (V)  The court has considered the reasonable preference

26  of the child if the court has found the child to be of

27  sufficient intelligence, understanding, and experience to

28  express a preference.

29         (VI)  The court has considered the recommendation of

30  the guardian ad litem if one has been appointed.

31

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  1         (VII)  The relative or other adult has made a

  2  commitment to provide for the child until the child reaches

  3  the age of majority and to prepare the child for adulthood and

  4  independence.

  5         (VIII)  The relative or other adult agrees not to

  6  return the child to the physical care and custody of the

  7  person from whom the child was removed, including for short

  8  visitation periods, without the approval of the court.

  9         b.  The court shall retain jurisdiction over the case,

10  and the child shall remain in the long-term custody of the

11  relative or other adult caregiver approved by the court until

12  the order creating the long-term custodial relationship is

13  modified by the court. The court shall discontinue regular

14  judicial review hearings and may relieve the department of the

15  responsibility for supervising the placement of the child

16  whenever the court determines that the placement is stable and

17  that such supervision is no longer needed. The child must be

18  in the placement for a minimum of 6 continuous months before

19  the court may consider termination of the department's

20  supervision. Notwithstanding the retention of jurisdiction,

21  the placement shall be considered a permanency option for the

22  child when the court relieves the department of the

23  responsibility for supervising the placement.  The order

24  terminating supervision by the department shall set forth the

25  powers of the custodian of the child and shall include the

26  powers ordinarily granted to a guardian of the person of a

27  minor unless otherwise specified. The court may modify the

28  order terminating supervision of the long-term relative or

29  caregiver placement if it finds that a party to the proceeding

30  has shown a material change in circumstances which causes the

31

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  1  long-term relative or caregiver placement is to be no longer

  2  in the best interest of the child.

  3         6.a.  Approve placement of the child in long-term

  4  out-of-home care, when the following conditions are met:

  5         (I)  The foster child is 16 years of age or older,

  6  unless the court determines that the history or condition of a

  7  younger child makes long-term out-of-home care the most

  8  appropriate placement.

  9         (II)  The child demonstrates no desire to be placed in

10  an independent living arrangement pursuant to this subsection.

11         (III)  The department's social services study pursuant

12  to part VIII recommends long-term out-of-home care.

13

14  b.  Long-term out-of-home care under the above conditions

15  shall not be considered a permanency option.

16         b.c.  The court may approve placement of the child in

17  long-term out-of-home care, as a permanency option, when all

18  of the following conditions are met:

19         (I)  The child is 14 years of age or older.,

20         (II)  The child is living in a licensed home and the

21  foster parents desire to provide care for the child on a

22  permanent basis and the foster parents and the child do not

23  desire adoption.,

24         (III)  The foster family has made a commitment to

25  provide for the child until he or she reaches the age of

26  majority and to prepare the child for adulthood and

27  independence., and

28         (IV)  The child has remained in the home for a

29  continuous period of no less than 12 months.

30

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

  8  d.  Notwithstanding the retention of jurisdiction and

  9  supervision by the department, long-term out-of-home care

10  placements made pursuant to this section shall be considered a

11  permanency option for the child.  For purposes of this

12  subsection, supervision by the department shall be defined as

13  a minimum of semiannual visits.  The order placing the child

14  in long-term out-of-home care as a permanency option shall set

15  forth the powers of the custodian of the child and shall

16  include the powers ordinarily granted to a guardian of the

17  person of a minor unless otherwise specified.  The court may

18  modify the permanency option of long-term out-of-home care if

19  it finds that a party to the proceeding has shown a material

20  change in circumstances which causes the placement is to be no

21  longer in the best interests of the child.

22         c.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 the temporary legal custody of

  4  the department. Such commitment invests in the department all

  5  rights and responsibilities of a legal custodian. The

  6  department shall not return any child to the physical care and

  7  custody of the person from whom the child was removed, except

  8  for court-approved short visitation periods, without the

  9  approval of the court. The term of such commitment continues

10  until terminated by the court or until the child reaches the

11  age of 18. After the child is committed to the temporary

12  custody of the department, all further proceedings under this

13  section are also governed by this chapter.

14         8.a.  Change the temporary legal custody or the

15  conditions of protective supervision at a postdisposition

16  hearing subsequent to the initial detention hearing, without

17  the necessity of another adjudicatory hearing. A child who has

18  been placed in the child's own home under the protective

19  supervision of an authorized agent of the department, in the

20  home of a relative, in the home of a legal custodian or

21  caregiver, or in some other place may be brought before the

22  court by the agent of the department who is supervising the

23  placement or by any other interested person, upon the filing

24  of a petition alleging a need for a change in the conditions

25  of protective supervision or the placement. If the parents or

26  other custodians deny the need for a change, the court shall

27  hear all parties in person or by counsel, or both. Upon the

28  admission of a need for a change or after such hearing, the

29  court shall enter an order changing the placement, modifying

30  the conditions of protective supervision, or continuing the

31  conditions of protective supervision as ordered. The standard

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  1  for changing custody of the child shall be the best interest

  2  of the child. If the child is not placed in foster care, then

  3  the new placement for the child from one parent to another or

  4  to a relative or caregiver must meet the home study criteria

  5  and court approval pursuant to this chapter.

  6         b.  In cases where the issue before the court is

  7  whether a child should be reunited with a parent, the court

  8  shall determine whether the parent has substantially complied

  9  with the terms of the case plan to the extent that the safety,

10  well-being, and physical, mental, and emotional health of the

11  child is not endangered by the return of the child to the

12  home.

13         (b)  The court shall, in its written order of

14  disposition, include all of the following:

15         1.  The placement or custody of the child as provided

16  in paragraph (a).

17         2.  Special conditions of placement and visitation.

18         3.  Evaluation, counseling, treatment activities, and

19  other actions to be taken by the parties, if ordered.

20         4.  The persons or entities responsible for supervising

21  or monitoring services to the child and family.

22         5.  Continuation or discharge of the guardian ad litem,

23  as appropriate.

24         6.  The date, time, and location of the next scheduled

25  review hearing, which must occur within 90 days after the

26  disposition hearing or within the earlier of:

27         a.  Ninety days after the disposition hearing;

28         b.  Ninety days after the court accepts the case plan;

29         c.a.  Six months after the date of the last review

30  hearing; or

31

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  1         d.b.  Six months after the date of the child's removal

  2  from his or her home, if no review hearing has been held since

  3  the child's removal from the home.

  4         7.  Other requirements necessary to protect the health,

  5  safety, and well-being of the child, to preserve the stability

  6  of the child's educational placement, and to promote family

  7  preservation or reunification whenever possible.

  8         (c)  If the court finds that the prevention or

  9  reunification efforts of the department will allow the child

10  to remain safely at home or be safely returned to the home,

11  the court shall allow the child to remain in or return to the

12  home after making a specific finding of fact that the reasons

13  for removal have been remedied to the extent that the child's

14  safety, well-being, and physical, mental, and emotional health

15  will not be endangered.

16         (d)  If the court places commits the child in an

17  out-of-home placement to the temporary legal custody of the

18  department, the disposition order must include a written

19  determination that the child cannot safely remain at home with

20  reunification or family preservation services and that removal

21  of the child is necessary to protect the child. If the child

22  has been removed before the disposition hearing, the order

23  must also include a written determination as to whether, after

24  removal, the department has made a reasonable effort to

25  reunify the family, if reasonable efforts are required.

26  Reasonable efforts to reunify are not required if the court

27  has found that any of the acts listed in s. 39.806(1)(f)-(i)

28  have occurred. The department has the burden of demonstrating

29  that it has made reasonable efforts under this paragraph.

30         1.  For the purposes of this paragraph, the term

31  "reasonable effort" means the exercise of reasonable diligence

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  1  and care by the department to provide the services delineated

  2  in the case plan.

  3         2.  In support of its determination as to whether

  4  reasonable efforts have been made, the court shall:

  5         a.  Enter written findings as to whether or not

  6  prevention or reunification efforts were indicated.

  7         b.  If prevention or reunification efforts were

  8  indicated, include a brief written description of what

  9  appropriate and available prevention and reunification efforts

10  were made.

11         c.  Indicate in writing why further efforts could or

12  could not have prevented or shortened the separation of the

13  family.

14         3.  A court may find that the department has made a

15  reasonable effort to prevent or eliminate the need for removal

16  if:

17         a.  The first contact of the department with the family

18  occurs during an emergency;.

19         b.  The appraisal by the department of the home

20  situation indicates that it presents a substantial and

21  immediate danger to the child's safety or physical, mental, or

22  emotional health which cannot be mitigated by the provision of

23  preventive services;.

24         c.  The child cannot safely remain at home, either

25  because there are no preventive services that can ensure the

26  health and safety of the child or, even with appropriate and

27  available services being provided, the health and safety of

28  the child cannot be ensured; or.

29         d.  The parent or legal custodian is alleged to have

30  committed any of the acts listed as grounds for expedited

31  termination of parental rights in s. 39.806(1)(f)-(i).

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  1         4.  A reasonable effort by the department for

  2  reunification of the family has been made if the appraisal of

  3  the home situation by the department indicates that the

  4  severity of the conditions of dependency is such that

  5  reunification efforts are inappropriate. The department has

  6  the burden of demonstrating to the court that reunification

  7  efforts were inappropriate.

  8         5.  If the court finds that the prevention or

  9  reunification effort of the department would not have

10  permitted the child to remain safely at home, the court may

11  commit the child to the temporary legal custody of the

12  department or take any other action authorized by this

13  chapter.

14         (10)(a)  When any child is adjudicated by the court to

15  be dependent and temporary legal custody of the child has been

16  placed with an adult relative, legal custodian, or other adult

17  caregiver approved by the court, a licensed child-caring

18  agency, or the department, the court shall, unless a parent

19  has voluntarily executed a written surrender for purposes of

20  adoption, order the parents, or the guardian of the child's

21  estate if possessed of assets which under law may be disbursed

22  for the care, support, and maintenance of the child, to pay

23  child support to the adult relative, legal custodian, or

24  caregiver caring for the child, the licensed child-caring

25  agency, or the department. The court may exercise jurisdiction

26  over all child support matters, shall adjudicate the financial

27  obligation, including health insurance, of the child's parents

28  or guardian, and shall enforce the financial obligation as

29  provided in chapter 61. The state's child support enforcement

30  agency shall enforce child support orders under this section

31  in the same manner as child support orders under chapter 61.

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  1         (b)  Placement of the child pursuant to subsection (8)

  2  shall not be contingent upon issuance of a support order.

  3         (11)(a)  If the court does not commit the child to the

  4  temporary legal custody of an adult relative, legal custodian,

  5  or other adult caregiver approved by the court, the

  6  disposition order shall include the reasons for such a

  7  decision and shall include a determination as to whether

  8  diligent efforts were made by the department to locate an

  9  adult relative, legal custodian, or other adult caregiver

10  willing to care for the child in order to present that

11  placement option to the court instead of placement with the

12  department.

13         (b)  If diligent efforts are made to locate an adult

14  relative willing and able to care for the child but, because

15  no suitable relative is found, the child is placed with the

16  department or a legal custodian or other adult approved by the

17  court caregiver, both the department and the court shall

18  consider transferring temporary legal custody to an adult

19  relative approved by the court at a later date, but neither

20  the department nor the court is obligated to so place the

21  child if it is in the child's best interest to remain in the

22  current placement. For the purposes of this paragraph,

23  "diligent efforts to locate an adult relative" means a search

24  similar to the diligent search for a parent, but without the

25  continuing obligation to search after an initial adequate

26  search is completed.

27         (12)  An agency granted legal custody shall have the

28  right to determine where and with whom the child shall live,

29  but an individual granted legal custody shall exercise all

30  rights and duties personally unless otherwise ordered by the

31  court.

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  1         (13)  In carrying out the provisions of this chapter,

  2  the court may order the natural parents, caregivers, or legal

  3  custodians of a child who is found to be dependent to

  4  participate in family counseling and other professional

  5  counseling activities deemed necessary for the rehabilitation

  6  of the child.

  7         (14)  With respect to a child who is the subject in

  8  proceedings under this chapter, the court shall issue to the

  9  department an order to show cause why it should not return the

10  child to the custody of the natural parents, legal custodians,

11  or caregivers upon expiration of the case plan, or sooner if

12  the parents, legal custodians, or caregivers have

13  substantially complied with the case plan.

14         (15)  The court may at any time enter an order ending

15  its jurisdiction over a any child, except that, when a child

16  has been returned to the parents under subsection (14),

17  provided the court shall not terminate its jurisdiction or the

18  department's supervision over the child until 6 months after

19  the child's return. Based on a report of the department or

20  agency or the child's guardian ad litem, and any other

21  relevant factors, The court shall then determine whether its

22  jurisdiction should be continued or terminated in such a case

23  based on a report of the department or agency or the child's

24  guardian ad litem, and any other relevant factors; if its

25  jurisdiction is to be terminated, the court shall enter an

26  order to that effect.

27         Section 32.  Paragraphs (a) and (d) of subsection (2)

28  of section 39.5085, Florida Statutes, 1998 Supplement, are

29  amended to read:

30         39.5085  Relative Caregiver Program.--

31

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  1         (2)(a)  The Department of Children and Family Services

  2  shall establish and operate the Relative Caregiver Program

  3  pursuant to eligibility guidelines established in this section

  4  as further implemented by rule of the department. The Relative

  5  Caregiver Program shall, within the limits of available

  6  funding, provide financial assistance to relatives who are

  7  within the fifth degree by blood or marriage to the parent or

  8  stepparent of a child and who are caring full-time for that

  9  child in the role of substitute parent as a result of a

10  court's departmental determination of child abuse, neglect, or

11  abandonment and subsequent placement with the relative

12  pursuant to this chapter. Such placement may be either

13  court-ordered temporary legal custody to the relative pursuant

14  to s. 39.508(9)(a)4., or court-ordered placement in the home

15  of a relative under protective supervision of the department

16  pursuant to s. 39.508(9)(a)3.  The Relative Caregiver Program

17  shall offer financial assistance to caregivers who are

18  relatives and who would be unable to serve in that capacity

19  without the relative caregiver payment because of financial

20  burden, thus exposing the child to the trauma of placement in

21  a shelter or in foster care.

22         (d)  Relatives who are caring for children placed with

23  them by the court pursuant to this chapter child protection

24  system shall receive a special monthly relative caregiver

25  benefit established by rule of the department.  The amount of

26  the special benefit payment shall be based on the child's age

27  within a payment schedule established by rule of the

28  department and subject to availability of funding. The

29  statewide average monthly rate for children judicially placed

30  with relatives who are not licensed as foster homes may not

31  exceed 82 percent of the statewide average foster care rate,

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  1  nor may the cost of providing the assistance described in this

  2  section to any relative caregiver exceed the cost of providing

  3  out-of-home care in emergency shelter or foster care.

  4         Section 33.  Section 39.509, Florida Statutes, 1998

  5  Supplement, is amended to read:

  6         39.509  Grandparents rights.--Notwithstanding any other

  7  provision of law, a maternal or paternal grandparent as well

  8  as a stepgrandparent is entitled to reasonable visitation with

  9  his or her grandchild who has been adjudicated a dependent

10  child and taken from the physical custody of the parent,

11  custodian, legal guardian, or caregiver unless the court finds

12  that such visitation is not in the best interest of the child

13  or that such visitation would interfere with the goals of the

14  case plan. Reasonable visitation may be unsupervised and,

15  where appropriate and feasible, may be frequent and

16  continuing.

17         (1)  Grandparent visitation may take place in the home

18  of the grandparent unless there is a compelling reason for

19  denying such a visitation. The department's caseworker shall

20  arrange the visitation to which a grandparent is entitled

21  pursuant to this section.  The state shall not charge a fee

22  for any costs associated with arranging the visitation.

23  However, the grandparent shall pay for the child's cost of

24  transportation when the visitation is to take place in the

25  grandparent's home.  The caseworker shall document the reasons

26  for any decision to restrict a grandparent's visitation.

27         (2)  A grandparent entitled to visitation pursuant to

28  this section shall not be restricted from appropriate displays

29  of affection to the child, such as appropriately hugging or

30  kissing his or her grandchild.  Gifts, cards, and letters from

31

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  1  the grandparent and other family members shall not be denied

  2  to a child who has been adjudicated a dependent child.

  3         (3)  Any attempt by a grandparent to facilitate a

  4  meeting between the child who has been adjudicated a dependent

  5  child and the child's parent or legal, custodian, or any other

  6  person legal guardian, or caregiver in violation of a court

  7  order shall automatically terminate future visitation rights

  8  of the grandparent.

  9         (4)  When the child has been returned to the physical

10  custody of his or her parent or permanent custodian, legal

11  guardian, or caregiver, the visitation rights granted pursuant

12  to this section shall terminate.

13         (5)  The termination of parental rights does not affect

14  the rights of grandparents unless the court finds that such

15  visitation is not in the best interest of the child or that

16  such visitation would interfere with the goals of permanency

17  planning for the child.

18         (6)  In determining whether grandparental visitation is

19  not in the child's best interest, consideration may be given

20  to the finding of guilt, regardless of adjudication, or entry

21  or plea of guilty or nolo contendere to charges under the

22  following statutes, or similar statutes of other

23  jurisdictions:  s. 787.04, relating to removing minors from

24  the state or concealing minors contrary to court order; s.

25  794.011, relating to sexual battery; s. 798.02, relating to

26  lewd and lascivious behavior; chapter 800, relating to

27  lewdness and indecent exposure; or chapter 827, relating to

28  the abuse of children.  Consideration may also be given to a

29  report finding of confirmed abuse, abandonment, or neglect

30  under ss. 415.101-415.113 or this chapter and the outcome of

31  the investigation concerning such report.

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  1         Section 34.  Subsections (1) and (2) of section 39.510,

  2  Florida Statutes, 1998 Supplement, are amended to read:

  3         39.510  Appeal.--

  4         (1)  Any child, parent, guardian ad litem, caregiver,

  5  or legal custodian of any child, any other party to the

  6  proceeding who is affected by an order of the court, or the

  7  department may appeal to the appropriate district court of

  8  appeal within the time and in the manner prescribed by the

  9  Florida Rules of Appellate Procedure. Appointed counsel shall

10  be compensated as provided in this chapter.

11         (2)  When the notice of appeal is filed in the circuit

12  court by a party other than the department, an attorney for

13  the department shall represent the state and the court upon

14  appeal and shall be notified of the appeal by the clerk when

15  the notice of appeal is filed in the circuit court by a party

16  other than the department.

17         Section 35.  Section 39.601, Florida Statutes, 1998

18  Supplement, is amended to read:

19         39.601  Case plan requirements.--

20         (1)  The department or agent of the department shall

21  develop a case plan for each child or child's family receiving

22  services pursuant to this chapter.  A parent, caregiver, or

23  legal custodian of a child may not be required nor coerced

24  through threat of loss of custody or parental rights to admit

25  in the case plan to abusing, neglecting, or abandoning a

26  child. Where dependency mediation services are available and

27  appropriate to the best interests of the child, the court may

28  refer the case to mediation for development of a case plan.

29  This section does not change the provisions of s. 39.807.

30         (a)  The case plan must be developed in conference with

31  the parent, caregiver, or legal custodian of the child and any

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  1  court-appointed guardian ad litem and, if appropriate, the

  2  child.

  3         (b)  The case plan must be written simply and clearly

  4  in English and, if English is not the principal language of

  5  the child's parent, caregiver, or legal custodian, to the

  6  extent possible in such principal language.

  7         (c)  The case plan must describe the minimum number of

  8  face-to-face meetings to be held each month between the

  9  parents, caregivers, or legal custodians and the department's

10  caseworkers to review progress of the plan, to eliminate

11  barriers to progress, and to resolve conflicts or

12  disagreements.

13         (d)  The case plan must be subject to modification

14  based on changing circumstances.

15         (e)  The case plan must be signed by all parties.

16         (f)  The case plan must be reasonable, accurate, and in

17  compliance with the requirements of other court orders.

18         (2)  When the child or family is receiving services,

19  the case plan must include, in addition to the requirements in

20  subsection (1), at a minimum:

21         (a)  A description of the problem being addressed that

22  includes the behavior or act of a parent or, legal custodian,

23  or caregiver resulting in risk to the child and the reason for

24  the department's intervention.

25         (b)  A description of the tasks with which the parent

26  must comply and the services to be provided to the family and

27  child specifically addressing the identified problem,

28  including:

29         1.  Type of services or treatment.

30         2.  Frequency of services or treatment.

31         3.  Location of the delivery of the services.

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  1         4.  The accountable department staff or service

  2  provider.

  3         (c)  A description of the measurable objectives,

  4  including timeframes for achieving objectives, addressing the

  5  identified problem.

  6         (3)  When the child is receiving services in an

  7  out-of-home a placement outside the child's home or in foster

  8  care, the case plan must be filed with submitted to the court,

  9  for approval by the court, at least 72 hours prior to at the

10  disposition hearing.  The case plan must be served on all

11  parties whose whereabouts are known at least 72 hours prior to

12  the disposition hearing and must include, in addition to the

13  requirements in subsections (1) and (2), at a minimum:

14         (a)  A description of the permanency goal for the

15  child, including the type of placement. Reasonable efforts to

16  place a child in a home that will serve as an adoptive

17  placement if reunification is not successful, for adoption or

18  with a legal guardian, may be made concurrently with

19  reasonable efforts to prevent removal of the child from the

20  home or make it possible for the child to return safely home.

21         (b)  A description of the type of home or institution

22  in which the child is to be placed.

23         (c)  A description of the financial support obligation

24  to the child, including health insurance, of the child's

25  parent, parents, caregiver, or legal custodian.

26         (d)  A description of the visitation rights and

27  obligations of the parent or parents, caregiver, or legal

28  custodian during the period the child is in care.

29         (e)  A discussion of the safety and appropriateness of

30  the child's placement, which placement is intended to be safe,

31  the least restrictive and most family-like setting available

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  1  consistent with the best interest and special needs of the

  2  child, and in as close proximity as possible to the child's

  3  home. The plan must also establish the role for the foster

  4  parents or legal custodians in the development of the services

  5  which are to be provided to the child, foster parents, or

  6  legal custodians. It must also address the child's need for

  7  services while under the jurisdiction of the court and

  8  implementation of these services in the case plan.

  9         (f)  A description of the efforts to be undertaken to

10  maintain the stability of the child's educational placement.

11         (g)  A discussion of the department's plans to carry

12  out the judicial determination made by the court, with respect

13  to the child, in accordance with this chapter and applicable

14  federal regulations.

15         (h)  A description of the plan for assuring that

16  services outlined in the case plan are provided to the child

17  and the child's parent or parents, legal custodians, or

18  caregivers, to improve the conditions in the family home and

19  facilitate either the safe return of the child to the home or

20  the permanent placement of the child.

21         (i)  A description of the plan for assuring that

22  services as outlined in the case plan are provided to the

23  child, and the child's parent or parents, and the child's

24  legal custodians, or caregivers, to address the needs of the

25  child, and a discussion of the appropriateness of the

26  services.

27         (j)  A description of the plan for assuring that

28  services are provided to the child and the child's legal

29  custodians or foster parents to address the needs of the child

30  while in an out-of-home placement foster care, which shall

31  include an itemized list of costs to be borne by the parent or

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  1  caregiver associated with any services or treatment that the

  2  parent and child are expected to receive.

  3         (k)  A written notice to the parent that failure of the

  4  parent to substantially comply with the case plan may result

  5  in the termination of parental rights, and that a material

  6  failure to substantially comply may result in the filing of a

  7  petition for termination of parental rights sooner than the

  8  compliance periods set forth in the case plan itself. The case

  9  staffing committee shall coordinate its efforts with the child

10  protection team of the Department of Health.

11         (l)  In the case of a child for whom the permanency

12  plan is adoption or placement in another permanent home,

13  documentation of the steps the agency is taking to find an

14  adoptive family or other permanent living arrangement for the

15  child, to place the child with an adoptive family, with a fit

16  and willing relative, with a legal guardian, or in another

17  planned permanent living arrangement, and to finalize the

18  adoption or legal guardianship. At a minimum, such

19  documentation shall include child-specific recruitment efforts

20  such as the use of state, regional, and national adoption

21  exchanges, including electronic exchange systems.

22         (4)  In the event that the parents, legal custodians,

23  or caregivers are unwilling or unable to participate in the

24  development of a case plan, the department shall document that

25  unwillingness or inability to participate. Such documentation

26  must be provided in writing to the parent, legal custodians,

27  or caregivers when available for the court record, and then

28  the department shall prepare a case plan conforming as nearly

29  as possible with the requirements set forth in this section.

30  The unwillingness or inability of the parents, legal

31  custodians, or caregivers to participate in the development of

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  1  a case plan shall not in itself bar the filing of a petition

  2  for dependency or for termination of parental rights. The

  3  parents, legal custodians, or caregivers, if available, must

  4  be provided a copy of the case plan and be advised that they

  5  may, at any time prior to the filing of a petition for

  6  termination of parental rights, enter into a case plan and

  7  that they may request judicial review of any provision of the

  8  case plan with which they disagree at any court review hearing

  9  set for the child.

10         (5)  The services delineated in the case plan must be

11  designed either to improve the conditions in the family home

12  and aid in maintaining the child in the home, to facilitate

13  the safe return of the child to the family home, or to

14  facilitate the permanent placement of the child. The service

15  intervention must be the least intrusive possible into the

16  life of the family, must focus on clearly defined objectives,

17  and must provide the most efficient path to quick

18  reunification or permanent placement, with the child's health

19  and safety being paramount. To the extent possible, the

20  service intervention must be grounded in outcome evaluation

21  results that demonstrate success in the reunification or

22  permanent placement process. In designing service

23  interventions, generally recognized standards of the

24  professions involved in the process must be taken into

25  consideration.

26         (6)  After jurisdiction attaches, all case plans must

27  be filed with the court and a copy provided to all the

28  parents, caregivers, or legal custodians of the child, to the

29  representative of the guardian ad litem program if the program

30  has been appointed, and to all other parties whose whereabouts

31  are known, not less than 72 hours before the disposition

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  1  hearing. All such case plans must be approved by the court.

  2  The department shall also file with the court all case plans

  3  prepared before jurisdiction of the court attached. If, after

  4  review of the case plan, the court does not approve accept the

  5  case plan, the court shall require the parties to make

  6  necessary modifications to the plan. An amended plan must be

  7  submitted to the court for review and approval within 30 days

  8  after the hearing on the case plan. This amended plan must be

  9  served on all parties whose whereabouts are known, at least 72

10  hours prior to filing with the court.

11         (7)  The case plan must be limited to as short a period

12  as possible for the accomplishment of its provisions. Unless

13  extended, the plan expires no later than 12 months after the

14  date the child was initially removed from the home or the date

15  the case plan was accepted by the court, whichever comes

16  first.

17         (8)  The case plan must meet applicable federal and

18  state requirements.

19         (9)(a)  In each case in which the custody of a child

20  has been vested, either voluntarily or involuntarily, in the

21  department and the child has been placed in out-of-home care,

22  a case plan must be prepared within 60 days after the

23  department removes the child from the home, and shall be

24  submitted to the court before the disposition hearing, for the

25  court to review and approve accept. If the preparation of a

26  case plan, in conference with the parents and other pertinent

27  parties, cannot be completed before the disposition hearing,

28  for good cause shown, the court may grant an extension not to

29  exceed 30 days and set a hearing to review and approve accept

30  the case plan.

31

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  1         (b)  The parent or parents, legal custodians, or

  2  caregivers may receive assistance from any person or social

  3  service agency in the preparation of the case plan.

  4         (c)  The social service agency, the department, and the

  5  court, when applicable, shall inform the parent or parents,

  6  legal custodians, or caregivers of the right to receive such

  7  assistance, including the right to assistance of counsel.

  8         (d)  Before the signing of the case plan, the

  9  authorized agent of the department shall explain it to all

10  persons involved in its implementation, including, when

11  appropriate, the child.

12         (e)  After the case plan has been agreed upon and

13  signed by the parties involved, a copy of the plan must be

14  given immediately to the parents, the department or agency,

15  the foster parents or caregivers, the legal custodian, the

16  caregiver, the representative of the guardian ad litem program

17  if the program is appointed, and any other parties identified

18  by the court, including the child, if appropriate.

19         (f)  The case plan may be amended at any time if all

20  parties are in agreement regarding the revisions to the plan

21  and the plan is submitted to the court with a memorandum of

22  explanation, if the court approves such amendment. The case

23  plan may also be amended by the court or upon motion of any

24  party at a hearing, based on competent evidence demonstrating

25  the need for the amendment. A copy of the amended plan must be

26  immediately given to the persons parties specified in

27  paragraph (e).

28         (10)  A case plan must be prepared, but need not be

29  submitted to the court, for a child who will be in care no

30  longer than 30 days unless that child is placed in out-of-home

31  care a second time within a 12-month period.

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  1         Section 36.  Subsection (1) and paragraph (a) of

  2  subsection (4) of section 39.602, Florida Statutes, 1998

  3  Supplement, are amended to read:

  4         39.602  Case planning when parents, legal custodians,

  5  or caregivers do not participate and the child is in

  6  out-of-home care.--

  7         (1)  In the event the parents, legal custodians, or

  8  caregivers will not or cannot participate in preparation of a

  9  case plan, the department shall submit a full explanation of

10  the circumstances and state the nature of its efforts to

11  secure such persons' participation in the preparation of a

12  case plan.

13         (4)(a)  At least 72 hours prior to the hearing in which

14  the court will consider approval of the case plan filing of a

15  plan, all parties must be provided with a copy of the plan

16  developed by the department.  If the location of one or both

17  parents is unknown, this must be documented in writing and

18  included in the plan submitted to the court.  After the filing

19  of the plan, if the location of an absent parent becomes

20  known, that parent must be served with a copy of the plan.

21         Section 37.  Subsections (2) and (3) of section 39.603,

22  Florida Statutes, 1998 Supplement, are amended to read:

23         39.603  Court approvals of case planning.--

24         (2)  When the court determines that any of the elements

25  considered at the hearing related to the plan have not been

26  met, the court shall require the parties to make necessary

27  amendments to the plan. The amended plan must be submitted to

28  the court for review and approval within 30 days after the

29  hearing a time certain specified by the court. A copy of the

30  amended plan must also be provided to each party parent, if

31

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  1  the location of the party parent is known, at least 72 hours

  2  prior to filing with the court.

  3         (3)  A parent who has not participated in the

  4  development of a case plan must be served with a copy of the

  5  plan developed by the department, if the parent can be

  6  located, at least 72 48 hours prior to the court hearing. Any

  7  parent is entitled to, and may seek, a court review of the

  8  plan prior to the initial judicial review and must be informed

  9  of this right by the department at the time the department

10  serves the parent with a copy of the plan.  If the location of

11  an absent parent becomes known to the department, the

12  department shall inform the parent of the right to a court

13  review at the time the department serves the parent with a

14  copy of the case plan.

15         Section 38.  Section 39.701, Florida Statutes, 1998

16  Supplement, is amended to read:

17         39.701  Judicial review.--

18         (1)(a)  The court shall have continuing jurisdiction in

19  accordance with this section and shall review the status of

20  the child at least every 6 months as required by this

21  subsection or more frequently if the court deems it necessary

22  or desirable.

23         (b)  The court shall retain jurisdiction over a child

24  returned to his or her its parents, caregivers, or legal

25  guardians for a minimum period of 6 months following the

26  reunification, but, at that time, based on a report of the

27  social service agency and the guardian ad litem, if one has

28  been appointed, and any other relevant factors, the court

29  shall make a determination as to whether supervision by the

30  department and the court's its jurisdiction shall continue or

31  be terminated.

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  1         (2)(a)  The court shall review the status of the child

  2  and shall hold a hearing as provided in this part at least

  3  every 6 months until the child reaches permanency status. The

  4  court may dispense with the attendance of the child at the

  5  hearing, but may not dispense with the hearing or the presence

  6  of other parties to the review unless before the review a

  7  hearing is held before a citizen review panel.

  8         (b)  Citizen review panels may conduct hearings to

  9  review the status of a child. The court shall select the cases

10  appropriate for referral to the citizen review panels and may

11  order the attendance of the parties at the review panel

12  hearings. However, any party may object to the referral of a

13  case to a citizen review panel. Whenever such an objection has

14  been filed with the court, the court shall review the

15  substance of the objection and may conduct the review itself

16  or refer the review to a citizen review panel. All parties

17  retain the right to take exception to the findings or

18  recommended orders of a citizen review panel in accordance

19  with Rule 1.490(h), Florida Rules of Civil Procedure.

20         (c)  Notice of a hearing by a citizen review panel must

21  be provided as set forth in subsection (5). At the conclusion

22  of a citizen review panel hearing, each party may propose a

23  recommended order to the chairperson of the panel. Thereafter,

24  the citizen review panel shall submit its report, copies of

25  the proposed recommended orders, and a copy of the panel's

26  recommended order to the court. The citizen review panel's

27  recommended order must be limited to the dispositional options

28  available to the court in subsection (8). Each party may file

29  exceptions to the report and recommended order of the citizen

30  review panel in accordance with Rule 1.490, Florida Rules of

31  Civil Procedure.

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  1         (3)(a)  The initial judicial review hearing must be

  2  held no later than 90 days after the date of the disposition

  3  hearing or after the date of the hearing at which the court

  4  approves the case plan, whichever comes first, but in no event

  5  shall the review be held later than 6 months after the date

  6  the child was removed from the home. Citizen review panels

  7  shall not conduct more than two consecutive reviews without

  8  the child and the parties coming before the court for a

  9  judicial review.

10         (b)  If the citizen review panel recommends extending

11  court extends any case plan beyond 12 months, the court must

12  schedule a judicial review hearing to be conducted by the

13  court within 30 days after receiving the recommendation from

14  the citizen review panel judicial reviews must be held at

15  least every 6 months.

16         (c)  If the child is placed in the custody of the

17  department or a licensed child-placing agency for the purpose

18  of adoptive placement, judicial reviews must be held at least

19  every 6 months until the adoption is finalized adoptive

20  placement, to determine the appropriateness of the current

21  placement and the progress made toward adoptive placement.

22         (d)  If the department and the court have established a

23  formal agreement that includes specific authorization for

24  particular cases, the department may conduct administrative

25  reviews instead of the judicial reviews for children in

26  out-of-home care. Notices of such administrative reviews must

27  be provided to all parties. However, an administrative review

28  may not be substituted for the first judicial review, and in

29  every case the court must conduct a judicial review at least

30  every 6 months. Any party dissatisfied with the results of an

31  administrative review may petition for a judicial review.

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  1         (e)  The clerk of the circuit court shall schedule

  2  judicial review hearings in order to comply with the mandated

  3  times cited in this section.

  4         (f)  In each case in which a child has been voluntarily

  5  placed with the licensed child-placing agency, the agency

  6  shall notify the clerk of the court in the circuit where the

  7  child resides of such placement within 5 working days.

  8  Notification of the court is not required for any child who

  9  will be in out-of-home care no longer than 30 days unless that

10  child is placed in out-of-home care a second time within a

11  12-month period. If the child is returned to the custody of

12  the parents, caregiver, or legal custodian before the

13  scheduled review hearing or if the child is placed for

14  adoption, the child-placing agency shall notify the court of

15  the child's return or placement within 5 working days, and the

16  clerk of the court shall cancel the review hearing.

17         (4)  The court shall schedule the date, time, and

18  location of the next judicial review during the judicial

19  review hearing and shall list same in the judicial review

20  order.

21         (5)  Notice of a judicial review hearing or a citizen

22  review panel hearing, and a copy of the motion for judicial

23  review, if any including a statement of the dispositional

24  alternatives available to the court, must be served by the

25  clerk of the court upon:

26         (a)  The social service agency charged with the

27  supervision of care, custody, or guardianship of the child, if

28  that agency is not the movant.

29         (b)  The foster parent or legal custodian parents or

30  caregivers in whose home the child resides.

31

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  1         (c)  The parents parent, caregiver, or legal custodian

  2  from whom the care and custody of the child have been

  3  transferred.

  4         (d)  The guardian ad litem for the child, or the

  5  representative of the guardian ad litem program if the program

  6  has been appointed.

  7         (e)  Any preadoptive parent.

  8         (f)  Such other persons as the court may in its

  9  discretion direct.

10

11  Service of notice is not required on any of the persons listed

12  in paragraphs (a)-(f) if the person was present at the

13  previous hearing during which the date, time, and location of

14  the hearing was announced.

15         (6)(a)  Prior to every judicial review hearing or

16  citizen review panel hearing, the social service agency shall

17  make an investigation and social study concerning all

18  pertinent details relating to the child and shall furnish to

19  the court or citizen review panel a written report that

20  includes, but is not limited to:

21         1.  A description of the type of placement the child is

22  in at the time of the hearing, including the safety of the

23  child and the continuing necessity for and appropriateness of

24  the placement.

25         2.  Documentation of the diligent efforts made by all

26  parties to the case plan to comply with each applicable

27  provision of the plan.

28         3.  The amount of fees assessed and collected during

29  the period of time being reported.

30

31

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  1         4.  The services provided to the foster family or legal

  2  custodian caregivers in an effort to address the needs of the

  3  child as indicated in the case plan.

  4         5.  A statement that either:

  5         a.  The parent or legal custodian, though able to do

  6  so, did not comply substantially with the provisions of the

  7  case plan, and the agency recommendations; or

  8         b.  A statement that The parent or legal custodian did

  9  substantially comply with the such provisions of the case

10  plan; or

11         c.  The parent has partially complied with the

12  provisions of the case plan, with a summary of additional

13  progress needed and the agency recommendations.

14         6.  A statement from the foster parent or legal

15  custodian parents or caregivers providing any material

16  evidence concerning the return of the child to the parent or

17  parents or legal custodians.

18         7.  A statement concerning the frequency, duration, and

19  results of the parent-child visitation, if any, and the agency

20  recommendations for an expansion or restriction of future

21  visitation.

22         8.  The number of times a child has been removed from

23  his or her home and placed elsewhere, the number and types of

24  placements that have occurred, and the reason for the changes

25  in placement.

26         9.  The number of times a child's educational placement

27  has been changed, the number and types of educational

28  placements which have occurred, and the reason for any change

29  in placement.

30         10.  Copies of all medical, psychological, and

31  educational records that support the terms of the case plan

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  1  and that have been produced concerning the child or parents

  2  since the last judicial review hearing.

  3         (b)  A copy of the social service agency's written

  4  report and the written report of the guardian ad litem must be

  5  provided to the attorney of record of the parent, parents, or

  6  legal custodians; to the parent, parents, or legal custodians;

  7  to the foster parents or legal custodians caregivers; to each

  8  citizen review panel; and to the guardian ad litem for the

  9  child, or the representative of the guardian ad litem program

10  if the program has been appointed by the court, at least 72 48

11  hours before the judicial review hearing, or citizen review

12  panel hearing. The requirement for providing parents or legal

13  custodians with a copy of the written report does not apply to

14  those parents or legal custodians who have voluntarily

15  surrendered their child for adoption or who have had their

16  parental rights to the child terminated.

17         (c)  In a case in which the child has been permanently

18  placed with the social service agency, the agency shall

19  furnish to the court a written report concerning the progress

20  being made to place the child for adoption. If the child

21  cannot be placed for adoption, a report on the progress made

22  by the child towards in alternative permanency goals or

23  placements, including, but not limited to, long-term foster

24  care, independent living, custody to a relative or other adult

25  caregiver approved by the court on a permanent basis with or

26  without legal guardianship, or custody to a foster parent or

27  legal custodian caregiver on a permanent basis with or without

28  legal guardianship, must be submitted to the court. The report

29  must be submitted to the court at least 72 48 hours before

30  each scheduled judicial review.

31

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  1         (d)  In addition to or in lieu of any written statement

  2  provided to the court, the foster parent or legal custodian

  3  caregivers, or any preadoptive parent, shall be given the

  4  opportunity to address the court with any information relevant

  5  to the best interests of the child at any judicial review

  6  hearing.

  7         (7)  The court and any citizen review panel shall take

  8  into consideration the information contained in the social

  9  services study and investigation and all medical,

10  psychological, and educational records that support the terms

11  of the case plan; testimony by the social services agency, the

12  parent or legal custodian, the foster parent or legal

13  custodian caregivers, the guardian ad litem if one has been

14  appointed for the child, and any other person deemed

15  appropriate; and any relevant and material evidence submitted

16  to the court, including written and oral reports to the extent

17  of their probative value. These reports and evidence may be

18  received by the court in its effort to determine the action to

19  be taken with regard to the child and may be relied upon to

20  the extent of its probative value, even though not competent

21  in an adjudicatory hearing. In its deliberations, the court

22  and any citizen review panel shall seek to determine:

23         (a)  If the parent or legal custodian was advised of

24  the right to receive assistance from any person or social

25  service agency in the preparation of the case plan.

26         (b)  If the parent or legal custodian has been advised

27  of the right to have counsel present at the judicial review or

28  citizen review hearings. If not so advised, the court or

29  citizen review panel shall advise the parent or legal

30  custodian of such right.

31

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  1         (c)  If a guardian ad litem needs to be appointed for

  2  the child in a case in which a guardian ad litem has not

  3  previously been appointed or if there is a need to continue a

  4  guardian ad litem in a case in which a guardian ad litem has

  5  been appointed.

  6         (d)  The compliance or lack of compliance of all

  7  parties with applicable items of the case plan, including the

  8  parents' compliance with child support orders.

  9         (e)  The compliance or lack of compliance with a

10  visitation contract between the parent, caregiver, or legal

11  custodian and the social service agency for contact with the

12  child, including the frequency, duration, and results of the

13  parent-child visitation and the reason for any noncompliance.

14         (f)  The compliance or lack of compliance of the

15  parent, caregiver, or legal custodian in meeting specified

16  financial obligations pertaining to the care of the child,

17  including the reason for failure to comply if such is the

18  case.

19         (g)  The appropriateness of the child's current

20  placement, including whether the child is in a setting which

21  is as family-like and as close to the parent's home as

22  possible, consistent with the child's best interests and

23  special needs, and including maintaining stability in the

24  child's educational placement.

25         (h)  A projected date likely for the child's return

26  home or other permanent placement.

27         (i)  When appropriate, the basis for the unwillingness

28  or inability of the parent, caregiver, or legal custodian to

29  become a party to a case plan. The court and the citizen

30  review panel shall determine if the efforts of the social

31

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  1  service agency to secure party participation in a case plan

  2  were sufficient.

  3         (8)(a)  Based upon the criteria set forth in subsection

  4  (7) and the recommended order of the citizen review panel, if

  5  any, the court shall determine whether or not the social

  6  service agency shall initiate proceedings to have a child

  7  declared a dependent child, return the child to the parent,

  8  legal custodian, or caregiver, continue the child in

  9  out-of-home care for a specified period of time, or initiate

10  termination of parental rights proceedings for subsequent

11  placement in an adoptive home. Modifications to the plan must

12  be handled as prescribed in s. 39.601. If the court finds that

13  the prevention or reunification efforts of the department will

14  allow the child to remain safely at home or be safely returned

15  to the home, the court shall allow the child to remain in or

16  return to the home after making a specific finding of fact

17  that the reasons for the creation of the case plan removal

18  have been remedied to the extent that the child's safety,

19  well-being, and physical, mental, and emotional health will

20  not be endangered.

21         (b)  The court shall return the child to the custody of

22  the parents, legal custodians, or caregivers at any time it

23  determines that they have substantially complied with the case

24  plan, if the court is satisfied that reunification will not be

25  detrimental to the child's safety, well-being, and physical,

26  mental, and emotional health.

27         (c)  If, in the opinion of the court, the social

28  service agency has not complied with its obligations as

29  specified in the written case plan, the court may find the

30  social service agency in contempt, shall order the social

31  service agency to submit its plans for compliance with the

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  1  agreement, and shall require the social service agency to show

  2  why the child could not safely be returned to the home of the

  3  parents, legal custodians, or caregivers.

  4         (d)  The court may extend the time limitation of the

  5  case plan, or may modify the terms of the plan, based upon

  6  information provided by the social service agency, and the

  7  guardian ad litem, if one has been appointed, the parent or

  8  parents, and the foster parents or legal custodian, and any

  9  other competent information on record demonstrating the need

10  for the amendment. If the court extends the time limitation of

11  the case plan, the court must make specific findings

12  concerning the frequency of past parent-child visitation, if

13  any, and the court may authorize the expansion or restriction

14  of future visitation. Modifications to the plan must be

15  handled as prescribed in s. 39.601. Any extension of a case

16  plan must comply with the time requirements and other

17  requirements specified by this chapter.

18         (e)  If, at any judicial review, the court finds that

19  the parents have failed to substantially comply with the case

20  plan to the degree that further reunification efforts are

21  without merit and not in the best interest of the child, it

22  may authorize the filing of a petition for termination of

23  parental rights, whether or not the time period as contained

24  in the case plan for substantial compliance has elapsed.

25         (f)  No later than 12 months after the date that the

26  child was placed in shelter care, the court shall conduct a

27  judicial review to plan for the child's permanency. At this

28  hearing, if the child is not returned to the physical custody

29  of the parents, caregivers, or legal custodians, the case plan

30  may be extended with the same goals only if the court finds

31  that the situation of the child is so extraordinary that the

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  1  plan should be extended. The case plan must document steps the

  2  department is taking to find an adoptive parent or other

  3  permanent living arrangement for the child.

  4         (g)  The court may issue a protective order in

  5  assistance, or as a condition, of any other order made under

  6  this part. In addition to the requirements included in the

  7  case plan, the protective order may set forth requirements

  8  relating to reasonable conditions of behavior to be observed

  9  for a specified period of time by a person or agency who is

10  before the court; and such order may require any such person

11  or agency to make periodic reports to the court containing

12  such information as the court in its discretion may prescribe.

13         Section 39.  Paragraphs (g) and (h) of subsection (5)

14  of section 39.702, Florida Statutes, 1998 Supplement, are

15  amended to read:

16         39.702  Citizen review panels.--

17         (5)  The independent not-for-profit agency authorized

18  to administer each citizen review panel shall:

19         (g)  Establish policies to ensure adequate

20  communication with the parent, caregiver, or legal custodian,

21  the foster parent or legal custodian caregiver, the guardian

22  ad litem, and any other person deemed appropriate.

23         (h)  Establish procedures that encourage attendance and

24  participation of interested persons and parties, including the

25  biological parents, foster parents, or legal custodian

26  caregivers, or a relative or nonrelative with whom the child

27  is placed, at citizen review hearings.

28         Section 40.  Subsection (2) of section 39.703, Florida

29  Statutes, 1998 Supplement, is amended to read:

30         39.703  Initiation of termination of parental rights

31  proceedings.--

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  1         (2)  If, at the time of the 12-month judicial review

  2  hearing, a child is not returned to the physical custody of

  3  the parents, caregivers, or legal custodians, the social

  4  service agency shall initiate termination of parental rights

  5  proceedings under this chapter within 30 days. Only if the

  6  court finds that the situation of the child is so

  7  extraordinary and that the best interests of the child will be

  8  met by such action at the time of the judicial review may the

  9  case plan be extended. If the court decides to extend the

10  plan, the court shall enter detailed findings justifying the

11  decision to extend, as well as the length of the extension. A

12  termination of parental rights petition need not be filed if:

13  the child is being cared for by a relative who chooses not to

14  adopt the child but who is willing, able, and suitable to

15  serve as the legal custodian for the child until the child

16  reaches 18 years of age; the court determines that filing such

17  a petition would not be in the best interests of the child; or

18  the state has not provided the child's family, when reasonable

19  efforts to return a child are required, consistent with the

20  time period in the state's case plan, such services as the

21  state deems necessary for the safe return of the child to his

22  or her home. Failure to initiate termination of parental

23  rights proceedings at the time of the 12-month judicial review

24  or within 30 days after such review does not prohibit

25  initiating termination of parental rights proceedings at any

26  other time.

27         Section 41.  Section 39.704, Florida Statutes, 1998

28  Supplement, is amended to read:

29         39.704  Exemptions from judicial review.--Judicial

30  review does not apply to:

31

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  1         (1)  Minors who have been placed in adoptive homes by

  2  the department or by a licensed child-placing agency; or

  3         (2)  Minors who are refugees or entrants to whom

  4  federal regulations apply and who are in the care of a social

  5  service agency.

  6         Section 42.  Paragraphs (a), (b), and (d) of subsection

  7  (3) and subsection (6) of section 39.801, Florida Statutes,

  8  1998 Supplement, are amended to read:

  9         39.801  Procedures and jurisdiction; notice; service of

10  process.--

11         (3)  Before the court may terminate parental rights, in

12  addition to the other requirements set forth in this part, the

13  following requirements must be met:

14         (a)  Notice of the date, time, and place of the

15  advisory hearing for the petition to terminate parental rights

16  and a copy of the petition must be personally served upon the

17  following persons, specifically notifying them that a petition

18  has been filed:

19         1.  The parents of the child.

20         2.  The caregivers or legal custodians of the child.

21         3.  If the parents who would be entitled to notice are

22  dead or unknown, a living relative of the child, unless upon

23  diligent search and inquiry no such relative can be found.

24         4.  Any person who has physical custody of the child.

25         5.  Any grandparent entitled to priority for adoption

26  under s. 63.0425.

27         6.  Any prospective parent who has been identified

28  under s. 39.503 or s. 39.803.

29         7.  The guardian ad litem for the child or the

30  representative of the guardian ad litem program, if the

31  program has been appointed.

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  1

  2  The document containing the notice to respond or appear must

  3  contain, in type at least as large as the type in the balance

  4  of the document, the following or substantially similar

  5  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

  6  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

  7  RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON

  8  THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS

  9  A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION

10  ATTACHED TO THIS NOTICE."

11         (b)  If a party person required to be served with

12  notice as prescribed in paragraph (a) cannot be served, notice

13  of hearings must be given as prescribed by the rules of civil

14  procedure, and service of process must be made as specified by

15  law or civil actions.

16         (d)  If the person served with notice under this

17  section fails to personally appear at the advisory hearing,

18  the failure to personally appear shall constitute consent for

19  termination of parental rights by the person given notice. If

20  a parent appears for the advisory hearing and the court orders

21  that parent to personally appear at the adjudicatory hearing

22  for the petition for termination of parental rights, stating

23  the date, time, and location of said hearing, then failure of

24  that parent to personally appear at the adjudicatory hearing

25  shall constitute consent for termination of parental rights.

26         (6)  Subpoenas may be served within the state by any

27  person over 18 years of age who is not a party to the

28  proceeding and, in addition, may be served or executed by

29  authorized agents of the department or of the guardian ad

30  litem.

31

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  1         Section 43.  Subsection (1), paragraph (b) of

  2  subsection (4), and subsection (8), of section 39.802, Florida

  3  Statutes, 1998 Supplement, are amended to read:

  4         39.802  Petition for termination of parental rights;

  5  filing; elements.--

  6         (1)  All proceedings seeking an adjudication to

  7  terminate parental rights pursuant to this chapter must be

  8  initiated by the filing of an original petition by the

  9  department, the guardian ad litem, or a licensed child-placing

10  agency, or by any other person who has knowledge of the facts

11  alleged or is informed of them and believes that they are

12  true.

13         (4)  A petition for termination of parental rights

14  filed under this chapter must contain facts supporting the

15  following allegations:

16         (b)  That the parents of the child were informed of

17  their right to counsel at all hearings that they attended

18  attend and that a dispositional order adjudicating the child

19  dependent was entered in any prior dependency proceeding

20  relied upon in offering a parent a case plan as described in

21  s. 39.806.

22         (8)  If Whenever the department has entered into a case

23  plan with a parent with the goal of reunification, and a

24  petition for termination of parental rights based on the same

25  facts as are covered in the case plan is filed prior to the

26  time agreed upon in the case plan for the performance of the

27  case plan, then the petitioner must allege and prove by clear

28  and convincing evidence that the parent has materially

29  breached the provisions of the case plan.

30         Section 44.  Section 39.805, Florida Statutes, 1998

31  Supplement, is amended to read:

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  1         39.805  No answer required.--No answer to the petition

  2  or any other pleading need be filed by any child or, parent,

  3  caregiver, or legal custodian, but any matters which might be

  4  set forth in an answer or other pleading may be pleaded orally

  5  before the court or filed in writing as any such person may

  6  choose. Notwithstanding the filing of any answer or any

  7  pleading, the child or parent shall, prior to the adjudicatory

  8  hearing, be advised by the court of the right to counsel and

  9  shall be given an opportunity to deny the allegations in the

10  petition for termination of parental rights or to enter a plea

11  to allegations in the petition before the court.

12         Section 45.  Paragraphs (b), (d), (e), and (h) of

13  subsection (1) of section 39.806, Florida Statutes, 1998

14  Supplement, are amended to read:

15         39.806  Grounds for termination of parental rights.--

16         (1)  The department, the guardian ad litem, a licensed

17  child-placing agency, or any person who has knowledge of the

18  facts alleged or who is informed of said facts and believes

19  that they are true, may petition for the termination of

20  parental rights under any of the following circumstances:

21         (b)  When the identity or location of the parent or

22  parents is unknown and cannot be ascertained by diligent

23  search within 60 90 days.

24         (d)  When the parent of a child is incarcerated in a

25  state or federal correctional institution and either:

26         1.  The period of time for which the parent is expected

27  to be incarcerated will constitute a substantial portion of

28  the period of time before the child will attain the age of 18

29  years;

30         2.  The incarcerated parent has been determined by the

31  court to be a violent career criminal as defined in s.

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  1  775.084, a habitual violent felony offender as defined in s.

  2  775.084, or a sexual predator as defined in s. 775.21; has

  3  been convicted of first degree or second degree murder in

  4  violation of s. 782.04 or a sexual battery that constitutes a

  5  capital, life, or first degree felony violation of s. 794.011;

  6  or has been convicted of an offense in another jurisdiction

  7  which is substantially similar to one of the offenses listed

  8  in this paragraph.  As used in this section, the term

  9  "substantially similar offense" means any offense that is

10  substantially similar in elements and penalties to one of

11  those listed in this paragraph, and that is in violation of a

12  law of any other jurisdiction, whether that of another state,

13  the District of Columbia, the United States or any possession

14  or territory thereof, or any foreign jurisdiction; or and

15         3.  The court determines by clear and convincing

16  evidence that continuing the parental relationship with the

17  incarcerated parent would be harmful to the child and, for

18  this reason, that termination of the parental rights of the

19  incarcerated parent is in the best interest of the child.

20         (e)  A petition for termination of parental rights may

21  also be filed when a child has been adjudicated dependent, a

22  case plan has been filed with the court, and the child

23  continues to be abused, neglected, or abandoned by the

24  parents. In this case, the failure of the parents to

25  substantially comply for a period of 12 months after an

26  adjudication of the child as a dependent child or the child's

27  placement into shelter care, whichever came first, constitutes

28  evidence of continuing abuse, neglect, or abandonment unless

29  the failure to substantially comply with the case plan was due

30  either to the lack of financial resources of the parents or to

31  the failure of the department to make reasonable efforts to

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  1  reunify the family. Such 12-month period may begin to run only

  2  after the child's placement into shelter care or the entry of

  3  a disposition order placing the custody of the child with the

  4  department or a person other than the parent and the approval

  5  by the court of a case plan with a goal of reunification with

  6  the parent, whichever came first.

  7         (h)  When the parent or parents have committed murder

  8  or voluntary manslaughter of another child of the parent, or a

  9  felony assault that results in serious bodily injury to the

10  child or another child of the parent, or aided or abetted,

11  attempted, conspired, or solicited to commit such a murder or

12  voluntary manslaughter or felony assault.

13         Section 46.  Paragraphs (a) and (d) of subsection (1)

14  and paragraph (b) of subsection (2) of section 39.807, Florida

15  Statutes, 1998 Supplement, are amended to read:

16         39.807  Right to counsel; guardian ad litem.--

17         (1)(a)  At each stage of the proceeding under this

18  part, the court shall advise the parent of the right to have

19  counsel present. The court shall appoint counsel for indigent

20  parents persons. The court shall ascertain whether the right

21  to counsel is understood and, where appropriate, is knowingly

22  and intelligently waived. The court shall enter its findings

23  in writing with respect to the appointment or waiver of

24  counsel for indigent parents parties.

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

26  has voluntarily executed a written surrender of the child and

27  consent to the entry of a court order therefor and who does

28  not deny the allegations of the petition.

29         (2)

30         (b)  The guardian ad litem has the following

31  responsibilities:

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  1         1.  To investigate the allegations of the petition and

  2  any subsequent matters arising in the case and, unless excused

  3  by the court, to file a written report. This report must

  4  include a statement of the wishes of the child and the

  5  recommendations of the guardian ad litem and must be provided

  6  to all parties and the court at least 72 48 hours before the

  7  disposition hearing.

  8         2.  To be present at all court hearings unless excused

  9  by the court.

10         3.  To represent the interests of the child until the

11  jurisdiction of the court over the child terminates or until

12  excused by the court.

13         Section 47.  Subsections (4) and (5) of section 39.808,

14  Florida Statutes, 1998 Supplement, are amended to read:

15         39.808  Advisory hearing; pretrial status conference.--

16         (4)  An advisory hearing is not required may not be

17  held if a petition is filed seeking an adjudication for

18  termination of voluntarily to terminate parental rights based

19  on a voluntary surrender of parental rights. Adjudicatory

20  hearings for petitions for voluntary termination must be held

21  within 21 days after the filing of the petition. Notice of the

22  use of this subsection must be filed with the court at the

23  same time as the filing of the petition to terminate parental

24  rights.

25         (5)  Not less than 10 days before the adjudicatory

26  hearing on a petition for involuntary termination of parental

27  rights, the court shall conduct a pretrial prehearing status

28  conference to determine the order in which each party may

29  present witnesses or evidence, the order in which

30  cross-examination and argument shall occur, and any other

31  matters that may aid in the conduct of the adjudicatory

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  1  hearing to prevent any undue delay in the conduct of the

  2  adjudicatory hearing.

  3         Section 48.  Subsections (2), (4), (7), and (8), and

  4  paragraph (e) of subsection (6) of section 39.811, Florida

  5  Statutes, 1998 Supplement, are amended to read:

  6         39.811  Powers of disposition; order of disposition.--

  7         (2)  If the child is in the out-of-home care custody of

  8  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 or 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         (4)  If the child is neither in the custody of the

15  department nor in the custody of a parent and the court finds

16  that the grounds for termination of parental rights have been

17  established for either or both parents, the court shall enter

18  an order terminating parental rights for the parent or parents

19  for whom the grounds for termination have been established and

20  placing the child with the department or an appropriate legal

21  custodian. If the parental rights of both parents have been

22  terminated, or if the parental rights of only one parent have

23  been terminated and the court makes specific findings based on

24  evidence presented that placement with the remaining parent is

25  likely to be harmful to the child, the court may order that

26  the child be placed with a legal custodian other than the

27  department after hearing evidence of the suitability of such

28  intended placement.  Suitability of the intended placement

29  includes the fitness and capabilities of the proposed legal

30  custodian to function as the primary caregiver for a

31  particular child; and the compatibility of the child with the

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  1  home in which the child is intended to be placed.  If the

  2  court orders that a child be placed with a legal custodian

  3  under this subsection, the court shall appoint such legal

  4  custodian as the guardian for the child as provided in s.

  5  744.3021.  The court may modify the order placing the child in

  6  the custody of the legal custodian and revoke the guardianship

  7  established under s. 744.3021 if the court subsequently finds

  8  that a party to the proceeding other than a parent whose

  9  rights have been terminated has shown a material change in

10  circumstances which causes the placement to be no longer in

11  the best interest of the child.

12         (6)  The parental rights of one parent may be severed

13  without severing the parental rights of the other parent only

14  under the following circumstances:

15         (e)  If the parent whose rights are being terminated

16  meets any of the criteria specified in s. 39.806(1)(d) and

17  (f)-(i).

18         (7)(a)  The termination of parental rights does not

19  affect the rights of grandparents unless the court finds that

20  continued visitation is not in the best interests of the child

21  or that such visitation would interfere with the permanency

22  goals of permanency planning for the child.

23         (b)  If the court terminates parental rights, it may,

24  as appropriate, order that the parents, siblings, or relatives

25  of the parent whose rights are terminated be allowed to

26  maintain some communication or contact with the child pending

27  adoption if the best interests of the child support this

28  continued communication or contact, except as provided in

29  paragraph (a). If the court orders such continued

30  communication or contact, which may include, but is not

31  limited to, visits, letters, and cards or telephone calls, the

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  1  nature and frequency of the communication or contact must be

  2  set forth in written order and may be reviewed upon motion of

  3  any party, or including, for purposes of this subsection, an

  4  identified prospective adoptive parent. If a child is placed

  5  for adoption, the nature and frequency of the communication or

  6  contact must be reviewed by the court at the time the child is

  7  placed for adoption adopted.

  8         (8)  If the court terminates parental rights, it shall,

  9  in its order of disposition, provide for a hearing, to be

10  scheduled no later than 30 days after the date of disposition,

11  in which the department or the licensed child-placing agency

12  shall provide to the court an amended case a plan which

13  identifies the for permanency goal for the child. Reasonable

14  efforts must be made to place the child in a timely manner in

15  accordance with the permanency plan and to complete whatever

16  steps are necessary to finalize the permanent placement of the

17  child. Thereafter, until the adoption of the child is

18  finalized or the child reaches the age of 18 years, whichever

19  occurs first, the court shall hold hearings at 6-month

20  intervals to review the progress being made toward permanency

21  for the child.

22         Section 49.  Subsection (1) and paragraph (a) of

23  subsection (6) of section 39.814, Florida Statutes, 1998

24  Supplement, are amended to read:

25         39.814  Oaths, records, and confidential information.--

26         (1)  The judge, clerks or deputy clerks, and or

27  authorized agents of the department shall each have the power

28  to administer oaths and affirmations.

29         (6)  No court record of proceedings under this part

30  shall be admissible in evidence in any other civil or criminal

31  proceeding, except that:

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  1         (a)  Orders terminating the rights of a parent are

  2  admissible in evidence in subsequent adoption proceedings

  3  relating to the child and in subsequent termination of

  4  parental rights proceedings concerning a sibling of the child.

  5         Section 50.  Subsection (3) of section 39.815, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         39.815  Appeal.--

  8         (3)  The taking of an appeal does not operate as a

  9  supersedeas in any case unless the court so orders. However, a

10  termination of parental rights order with placement of the

11  child with a licensed child-placing agency or the department

12  for subsequent adoption is suspended while the appeal is

13  pending, but the child shall continue in an out-of-home

14  placement custody under the order until the appeal is decided.

15         Section 51.  Subsection (3) of section 39.822, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         39.822  Appointment of guardian ad litem for abused,

18  abandoned, or neglected child.--

19         (3)  The guardian ad litem or the program

20  representative shall review all disposition recommendations

21  and changes in placements, and must be present at all critical

22  stages of the dependency proceeding or submit a written report

23  of recommendations to the court. Written reports must be filed

24  with the court and served on all parties whose whereabouts are

25  known at least 72 hours prior to the hearing.

26         Section 52.  Subsection (1) of section 63.0427, Florida

27  Statutes, 1998 Supplement, is amended to read:

28         63.0427  Adopted minor's right to continued

29  communication or contact with siblings.--

30         (1)  A child whose parents have had their parental

31  rights terminated and whose custody has been awarded to the

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  1  department pursuant to s. 39.811 39.469, and who is the

  2  subject of a petition for adoption under this chapter, shall

  3  have the right to have the court consider the appropriateness

  4  of postadoption communication or contact, including, but not

  5  limited to, visits, letters and cards, or telephone calls,

  6  with his or her siblings who are not included in the petition

  7  for adoption.  The court shall determine if the best interests

  8  of the child support such continued communication or contact

  9  and shall consider the following in making such determination:

10         (a)  Any orders of the court pursuant to s. 39.811(7)

11  39.469(7).

12         (b)  Recommendations of the department, the foster

13  parents if other than the adoptive parents, and the guardian

14  ad litem.

15         (c)  Statements of prospective adoptive parents.

16         (d)  Any other information deemed relevant and material

17  by the court.

18

19  If the court determines that the child's best interests will

20  be served by postadoption communication or contact with any

21  sibling, the court shall so order, stating the nature and

22  frequency for the communication or contact. This order shall

23  be made a part of the final adoption order, but in no event

24  shall continuing validity of the adoption be contingent upon

25  such postadoption communication or contact, nor shall the

26  ability of the adoptive parents and child to change residence

27  within or outside the State of Florida be impaired by such

28  communication or contact.

29         Section 53.  Paragraph (d) of subsection (1) of section

30  419.001, Florida Statutes, 1998 Supplement, is amended to

31  read:

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  1         419.001  Site selection of community residential

  2  homes.--

  3         (1)  For the purposes of this section, the following

  4  definitions shall apply:

  5         (d)  "Resident" means any of the following:  a frail

  6  elder as defined in s. 400.618; a physically disabled or

  7  handicapped person as defined in s. 760.22(7)(a); a

  8  developmentally disabled person as defined in s.

  9  393.063(12)(11); a nondangerous mentally ill person as defined

10  in s. 394.455(18); or a child as defined in s. 39.01(14)(11),

11  s. 984.03(9) or (12), or s. 985.03(8).

12         Section 54.  This act shall take effect July 1, 1999.

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 1666

16

17  Makes technical and conforming changes to ss. 39.01(14), (30),
    (46), (56); 39.013; 39.201; 39.203; 39.3035; 39.395; 39.402;
18  39.507; 39.508; 39.5085; 39.601; 39.701; 39.703; and 39.807,
    F.S.
19
    Deletes s. 39.01345, F.S., pertaining to liens on parents for
20  recovering costs associated with legal counsel.

21  Amends s. 39.0134, F.S., specifying that a county impose a
    lien on parents which may be enforced as provided in s.
22  984.08, F.S.

23  Creates s. 39.0014, F.S., pertaining to responsibilities of
    public agencies.
24
    Amends s. 39.301, F.S. requiring that if a child is determined
25  to need immediate or long-term protection because of
    situations involving the parent's young age, history of
26  substance abuse, or domestic violence, services to the parents
    and child must be court involved.
27
    Amends s. 39.506, F.S., specifying that when the parent or
28  legal custodian denies any allegation of dependency, the court
    will hold an adjudicatory hearing within 30 days after the
29  date of the arraignment hearing rather than "within a
    reasonable time."
30

31

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