Senate Bill 1666e2

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    CS for CS for SB 1666                   Second Engrossed (ntc)



  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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    CS for CS for SB 1666                   Second Engrossed (ntc)



  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; providing timeframe for review of

19         shelter placement; amending s. 39.407, F.S.,

20         relating to medical and psychological

21         examinations; amending s. 39.501, F.S.,

22         relating to petition for dependency; amending

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

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

25         to identifying or locating a parent; amending

26         s. 39.504, F.S., relating to injunction pending

27         disposition of petition; amending s. 39.506,

28         F.S.; revising provisions relating to

29         arraignment hearings; specifying when failure

30         of a person to appear constitutes consent to a

31         dependency adjudication; amending s. 39.507,


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1         F.S., relating to adjudicatory hearings;

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

  3         relating to disposition hearings and orders;

  4         providing for permanency status of the child;

  5         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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    CS for CS for SB 1666                   Second Engrossed (ntc)



  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         amending s. 784.046, F.S.; revising provisions

30         relating to petition for injunction for

31         protection against repeat violence; amending s.


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1         409.26731, F.S.; authorizing the Department of

  2         Children and Family Services to annually

  3         certify local funds for state match for

  4         eligible Title IV-E expenditures; requiring a

  5         report; amending s. 921.0024, F.S., requiring a

  6         sentencing multiplier to be applied when

  7         domestic violence is committed in the presence

  8         of a minor child; amending s. 901.15, F.S.;

  9         providing a preferred arrest policy in the

10         criminal investigation of child abuse;

11         providing immunity for law enforcement for such

12         arrests; providing an effective date.

13

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

15

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

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

18  to read:

19         39.001  Purposes and intent; personnel standards and

20  screening.--

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

22  are:

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

24  guardian from whose custody the child has been taken assists

25  the department to the fullest extent possible in locating

26  relatives suitable to serve as caregivers for the child.

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

28  not possible, the child will be prepared for alternative

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

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

31  relative on a permanent basis with or without legal


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    CS for CS for SB 1666                   Second Engrossed (ntc)



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

  2  caregiver on a permanent basis with or without legal

  3  guardianship.

  4         Section 2.  Section 39.0014, Florida Statutes, is

  5  created to read:

  6         39.0014  Responsibilities of public agencies.--All

  7  state, county, and local agencies shall cooperate, assist, and

  8  provide information to the department as will enable it to

  9  fulfill its responsibilities under this chapter.

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

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

12  Statutes, 1998 Supplement, are amended to read:

13         39.0015  Child abuse prevention training in the

14  district school system.--

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

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

17  39.01(1), (2), (30), (44), (46), (53), and (64), 827.04, and

18  984.03(1), (2), and (39).

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

20  primary prevention and training program shall include all of

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

22         (a)  Information provided in a clear and nonthreatening

23  manner, describing the problem of child abuse, sexual abuse,

24  physical abuse, abandonment, neglect, and alcohol and drug

25  abuse, and the possible solutions.

26         Section 4.  Section 39.01, Florida Statutes, 1998

27  Supplement, is amended to read:

28         39.01  Definitions.--When used in this chapter, unless

29  the context otherwise requires:

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

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


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    CS for CS for SB 1666                   Second Engrossed (ntc)



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

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

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

  4  which situation is sufficient to evince a willful rejection of

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

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

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

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

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

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

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

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

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

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

15  finding of abandonment.

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

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

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

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

20  the purpose of protective investigations, Abuse of a child

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

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

23  welfare. Corporal discipline of a child by a parent or, legal

24  custodian, or caregiver for disciplinary purposes does not in

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

26  child.

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

28  abuse service provider as defined in chapter 397.

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

30  court to determine whether or not the facts support the

31


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  1  allegations stated in the petition in dependency cases or in

  2  termination of parental rights cases.

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

  4  child.

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

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

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

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

  9  the rights and privileges and subject to all the obligations

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

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

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

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

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

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

16  violation of law or delinquent act involving juvenile sexual

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

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

19  coercion.  For purposes of this paragraph, the following

20  definitions apply:

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

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

23  cooperation or compliance.

24         2.  "Equality" means two participants operating with

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

26  controlled nor coerced by the other.

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

28  following:

29         a.  Understanding what is proposed based on age,

30  maturity, developmental level, functioning, and experience.

31


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1         b.  Knowledge of societal standards for what is being

  2  proposed.

  3         c.  Awareness of potential consequences and

  4  alternatives.

  5         d.  Assumption that agreement or disagreement will be

  6  accepted equally.

  7         e.  Voluntary decision.

  8         f.  Mental competence.

  9

10  Juvenile sexual offender behavior ranges from noncontact

11  sexual behavior such as making obscene phone calls,

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

13  photographs to varying degrees of direct sexual contact, such

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

15  sodomy, and various other sexually aggressive acts.

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

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

18  panel, considers the facts and arguments presented by the

19  parties and renders a decision which may be binding or

20  nonbinding.

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

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

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

24  management coverage, that is assigned or designated by the

25  department to perform duties or exercise powers pursuant to

26  this chapter.

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

28  adult household member, or other person responsible for a

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

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

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


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

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

  3  the child from the provision of voluntary services through any

  4  dependency, foster care, or termination of parental rights

  5  proceeding or related activity or process.

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

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

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

  9  dependent.

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

11  professionals established by the Department of Health to

12  receive referrals from the protective investigators and

13  protective supervision staff of the department and to provide

14  specialized and supportive services to the program in

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

16  protection team shall provide consultation to other programs

17  of the department and other persons regarding child abuse,

18  abandonment, or neglect cases.

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

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

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

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

23  caregivers;

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

25  former Department of Health and Rehabilitative Services, or a

26  licensed child-placing agency for purpose of adoption;

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

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

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

30  and Rehabilitative Services, after which placement, under the

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


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

  2  failed to substantially comply with the requirements of the

  3  plan;

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

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

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

  7  to the Florida Rules of Juvenile Procedure;

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

  9  providing, legal custodian, or caregiver to provide

10  supervision and care; or

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

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

13  custodians, or caregivers.

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

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

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

17  education of a child.

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

19  as set forth in s. 26.021.

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

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

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

23  health, educational, vocational, and social condition and

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

25  caregiver's need for rehabilitative and treatment services,

26  including substance abuse treatment services, mental health

27  services, developmental services, literacy services, medical

28  services, family services, and other specialized services, as

29  appropriate.

30

31


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

  2  the circuit court assigned to exercise jurisdiction under this

  3  chapter.

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

  5  Family Services.

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

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

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

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

10  home as set forth in the case plan.

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

12  reasonable efforts to provide social services or reunification

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

14  a case plan.

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

16  service agency to locate a parent or prospective parent whose

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

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

19  parent, with the search progress reported at each court

20  hearing until the parent is either identified and located or

21  the court excuses further search.

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

23  the court determines the most appropriate protections,

24  services, and placement for the child family support services

25  in the least restrictive available setting in dependency cases

26  or in termination of parental rights cases.

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

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

29         (25)  "District administrator" means the chief

30  operating officer of each service district of the department

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


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  1  district administrator whose service district falls within the

  2  boundaries of a judicial circuit.

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

  4  proceedings wherein a case plan with the goal of reunification

  5  is not being offered.

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

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

  8  report is maliciously made for the purpose of:

  9         (a)  Harassing, embarrassing, or harming another

10  person;

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

12         (c)  Acquiring custody of a child; or

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

14  other private dispute involving a child.

15

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

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

18  central abuse hotline.

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

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

21  caregiver, or adult relative, in which:

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

23  unit; or

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

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

26  court order to support or care for the child.

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

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

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

30

31


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

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

  3  responsible for the child's welfare:

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

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

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

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

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

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

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

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

12         1.  Willful acts that produce the following specific

13  injuries:

14         a.  Sprains, dislocations, or cartilage damage.

15         b.  Bone or skull fractures.

16         c.  Brain or spinal cord damage.

17         d.  Intracranial hemorrhage or injury to other internal

18  organs.

19         e.  Asphyxiation, suffocation, or drowning.

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

21         g.  Burns or scalding.

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

23         i.  Permanent or temporary disfigurement.

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

25  part or function.

26

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

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

29  result or to cause an injury.

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

31  other substances that substantially affect the child's


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

  2  sickness or internal injury.  For the purposes of this

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

  4  prescribed for the child or not administered as prescribed,

  5  and controlled substances as outlined in Schedule I or

  6  Schedule II of s. 893.03.

  7         3.  Leaving a child without adult supervision or

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

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

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

11  exercise good judgment in responding to any kind of physical

12  or emotional crisis.

13         4.  Inappropriate or excessively harsh disciplinary

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

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

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

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

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

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

20  trauma inflicted.  Corporal discipline may be considered

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

22  or other similar injuries:

23         a.  Sprains, dislocations, or cartilage damage.

24         b.  Bone or skull fractures.

25         c.  Brain or spinal cord damage.

26         d.  Intracranial hemorrhage or injury to other internal

27  organs.

28         e.  Asphyxiation, suffocation, or drowning.

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

30         g.  Burns or scalding.

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


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1         i.  Permanent or temporary disfigurement.

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

  3  part or function.

  4         k.  Significant bruises or welts.

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

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

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

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

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

10  or forcing a child to:

11         1.  Solicit for or engage in prostitution; or

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

13  chapter 827.

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

15  exploited, as provided in s. 450.151.

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

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

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

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

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

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

22  child, which situation is sufficient to evince a willful

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

24  parent or legal custodian or person primarily responsible for

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

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

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

28  have been abandoned.

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

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

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


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    CS for CS for SB 1666                   Second Engrossed (ntc)



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

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

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

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

  5  the legitimate practice of religious beliefs, does not provide

  6  specified medical treatment for a child may not be considered

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

  8  exception does not:

  9         1.  Eliminate the requirement that such a case be

10  reported to the department;

11         2.  Prevent the department from investigating such a

12  case; or

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

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

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

16  accredited practitioner who relies solely on spiritual means

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

18  well-recognized church or religious organization.

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

20  alcohol. Exposure to a controlled substance or alcohol is

21  established by:

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

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

24  demonstrably adversely affected by such usage; or

25         2.  Continued chronic and severe use of a controlled

26  substance or alcohol by a parent when the child is

27  demonstrably adversely affected by such usage.

28

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

30  means prescription drugs not prescribed for the parent or not

31


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  1  administered as prescribed and controlled substances as

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

  3         (h)  Uses mechanical devices, unreasonable restraints,

  4  or extended periods of isolation to control a child.

  5         (i)  Engages in violent behavior that demonstrates a

  6  wanton disregard for the presence of a child and could

  7  reasonably result in serious injury to the child.

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

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

10  by the acts of another.

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

12  of abuse, abandonment, or neglect.

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

14  created in each service district of the department pursuant to

15  the provisions of s. 20.19(8).

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

17  situations of known or suspected child abuse or neglect in

18  which the person allegedly perpetrating the child abuse or

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

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

21  agency or any other person at such institution responsible for

22  the child's care.

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

24  jurisdiction pursuant to this chapter.

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

26  court order or letter of guardianship which vests in a

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

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

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

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

31  and ordinary medical, dental, psychiatric, and psychological


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

  2  legal right to custody is vested. For purposes of this chapter

  3  only, when the phrase "parent or legal custodian" is used, it

  4  refers to rights or responsibilities of the parent and, only

  5  if there is no living parent with intact parental rights, to

  6  the rights or responsibilities of the legal custodian who has

  7  assumed the role of the parent.

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

  9  relationship between the child and caregiver which is intended

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

11  to the procedures in chapter 744.

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

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

14  care for, receive, and board children.

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

16  society, association, or institution licensed by the

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

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

19  foster or adoptive home.

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

21  physician licensed under chapter 458, an osteopathic physician

22  licensed under chapter 459, a nurse licensed under chapter

23  464, a physician assistant licensed under chapter 458 or

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

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

26  evidenced by violent or other actively self-destructive

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

28  period the child will attempt to commit suicide or inflict

29  serious bodily harm on himself or herself.

30

31


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

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

  3  inflict serious and unjustified bodily harm on another person.

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

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

  6  created by a court order pursuant to this chapter.

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

  8  custodial relationship" means the relationship that a juvenile

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

10  the child or other legal custodian caregiver approved by the

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

12  natural parent and termination of parental rights is not

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

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

15  legal custodian caregiver the right to physical custody of the

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

17  upon request of the legal custodian caregiver or upon a

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

19  in circumstances necessitates a change of custody for the best

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

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

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

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

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

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

26  dental, psychiatric, and psychological care, unless these

27  rights and duties are otherwise enlarged or limited by the

28  court order establishing the long-term custodial relationship.

29         (43)  "Mediation" means a process whereby a neutral

30  third person called a mediator acts to encourage and

31  facilitate the resolution of a dispute between two or more


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  parties.  It is an informal and nonadversarial process with

  2  the objective of helping the disputing parties reach a

  3  mutually acceptable and voluntary agreement.  The role of the

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

  5  parties in identifying issues, fostering joint problem

  6  solving, and exploring settlement alternatives.

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

  8  intellectual or psychological capacity of a child as evidenced

  9  by a discernible and substantial impairment in the ability to

10  function within the normal range of performance and behavior.

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

12  necessary within a reasonable degree of medical certainty to

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

14  alleviate immediate pain of a child.

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

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

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

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

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

20  permitted to live in an environment when such deprivation or

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

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

23  being significantly impaired. The foregoing circumstances

24  shall not be considered neglect if caused primarily by

25  financial inability unless actual services for relief have

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

27  legal custodian, or caregiver legitimately practicing

28  religious beliefs in accordance with a recognized church or

29  religious organization who thereby does not provide specific

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

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


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    CS for CS for SB 1666                   Second Engrossed (ntc)



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

  2  court from ordering the following services to be provided,

  3  when the health of the child so requires:

  4         (a)  Medical services from a licensed physician,

  5  dentist, optometrist, podiatric physician, or other qualified

  6  health care provider; or

  7         (b)  Treatment by a duly accredited practitioner who

  8  relies solely on spiritual means for healing in accordance

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

10  religious organization.

11

12  For the purpose of protective investigations, Neglect of a

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

14  custodian, or caregiver.

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

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

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

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

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

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

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

22  care. For the purpose of departmental investigative

23  jurisdiction, this definition does not include law enforcement

24  officers, or employees of municipal or county detention

25  facilities or the Department of Corrections, while acting in

26  an official capacity.

27         (47)(48)  "Next of kin" means an adult relative of a

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

29  uncle, or first cousin.

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

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


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

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

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

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

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

  6  care. For the purpose of departmental investigative

  7  jurisdiction, this definition does not include law enforcement

  8  officers, or employees of municipal or county detention

  9  facilities or the Department of Corrections, while acting in

10  an official capacity.

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

12  home of the parents or a parent.

13         (50)(49)  "Parent" means a woman who gives birth to a

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

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

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

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

18  individual whose parental relationship to the child has been

19  legally terminated, or an alleged or prospective parent,

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

21  39.503(1) 39.4051(1) or s. 63.062(1)(b). For purposes of this

22  chapter only, when the phrase "parent or legal custodian" is

23  used, it refers to rights or responsibilities of the parent

24  and, only if there is no living parent with intact parental

25  rights, to the rights or responsibilities of the legal

26  custodian who has assumed the role of the parent.

27         (51)(50)  "Participant," for purposes of a shelter

28  proceeding, dependency proceeding, or termination of parental

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

30  should receive notice of hearings involving the child,

31  including foster parents or the legal custodian of the child


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  caregivers, identified prospective parents, grandparents

  2  entitled to priority for adoption consideration under s.

  3  63.0425, actual custodians of the child, and any other person

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

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

  6  without the necessity of filing a motion to intervene.

  7         (52)(51)  "Party" means the parent or parents legal

  8  custodian of the child, the petitioner, the department, the

  9  guardian ad litem or the representative of the guardian ad

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

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

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

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

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

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

16  the child.

17         (53)(52)  "Physical injury" means death, permanent or

18  temporary disfigurement, or impairment of any bodily part.

19         (54)(53)  "Physician" means any licensed physician,

20  dentist, podiatric physician podiatrist, or optometrist and

21  includes any intern or resident.

22         (55)(54)  "Preliminary screening" means the gathering

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

24  need for further evaluation or assessment or for referral for

25  other substance abuse services through means such as

26  psychosocial interviews; urine and breathalyzer screenings;

27  and reviews of available educational, delinquency, and

28  dependency records of the child.

29         (56)(55)  "Preventive services" means social services

30  and other supportive and rehabilitative services provided to

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


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    CS for CS for SB 1666                   Second Engrossed (ntc)



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

  2  the child for the purpose of averting the removal of the child

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

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

  5  services and other supportive and rehabilitative services

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

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

  8  promote family autonomy, and shall strengthen family life,

  9  whenever possible.

10         (57)(56)  "Prospective parent" means a person who

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

12  mother or a father of a child.

13         (58)(57)  "Protective investigation" means the

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

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

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

17  the department; the investigation of each report; the

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

19  determination of the disposition of each report without court

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

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

22         (59)(58)  "Protective investigator" means an authorized

23  agent of the department who receives and investigates reports

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

25  the investigation, may recommend that a dependency petition be

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

27  to carry out the required actions of the protective

28  investigation function.

29         (60)(59)  "Protective supervision" means a legal status

30  in dependency cases which permits the child to remain safely

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


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

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

  3         (61)(60)  "Relative" means a grandparent,

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

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

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

  7  does not include a stepparent.

  8         (62)(61)  "Reunification services" means social

  9  services and other supportive and rehabilitative services

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

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

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

13  relative placement, nonrelative placement, or foster parents

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

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

16  parent family at the earliest possible time.  The health and

17  safety of the child shall be the paramount goal of social

18  services and other supportive and rehabilitative services.

19  Such services shall promote the child's need for physical,

20  mental, and emotional health and a safe, stable, living

21  environment, shall promote family autonomy, and shall

22  strengthen family life, whenever possible.

23         (63)(62)  "Secretary" means the Secretary of Children

24  and Family Services.

25         (64)(63)  "Sexual abuse of a child" means one or more

26  of the following acts:

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

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

29  whether or not there is the emission of semen.

30

31


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

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

  3  person.

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

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

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

  7  act intended for a valid medical purpose.

  8         (d)  The intentional touching of the genitals or

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

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

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

12  include:

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

14  normal caregiver responsibility, any interaction with, or

15  affection for a child; or

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

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

18  genitals in the presence of a child.

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

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

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

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

23  gratification, aggression, degradation, or other similar

24  purpose.

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

26  allowing, encouraging, or forcing a child to:

27         1.  Solicit for or engage in prostitution; or

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

29  chapter 827.

30         (65)(64)  "Shelter" means a placement with a relative

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


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

  2  been found to be dependent, pending court disposition before

  3  or after adjudication.

  4         (66)(65)  "Shelter hearing" means a hearing in which

  5  the court determines whether probable cause exists to keep a

  6  child in shelter status pending further investigation of the

  7  case.

  8         (67)(66)  "Social service agency" means the department,

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

10  agency.

11         (68)(67)  "Substance abuse" means using, without

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

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

14  resulting in dysfunctional social behavior.

15         (69)(68)  "Substantial compliance" means that the

16  circumstances which caused the creation of the case plan have

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

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

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

20  parent, legal custodian, or caregiver.

21         (70)(69)  "Taken into custody" means the status of a

22  child immediately when temporary physical control over the

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

24  child's release or placement.

25         (71)(70)  "Temporary legal custody" means the

26  relationship that a juvenile court creates between a child and

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

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

29  until a more permanent arrangement is ordered. Temporary legal

30  custody confers upon the custodian the right to have temporary

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


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    CS for CS for SB 1666                   Second Engrossed (ntc)



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

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

  3  dental, psychiatric, and psychological care, unless these

  4  rights and duties are otherwise enlarged or limited by the

  5  court order establishing the temporary legal custody

  6  relationship.

  7         (72)(71)  "Victim" means any child who has sustained or

  8  is threatened with physical, mental, or emotional injury

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

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

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

12  Statutes, 1998 Supplement, is amended to read:

13         39.011  Immunity from liability.--

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

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

16  review or recommendation with regard to a dependency foster

17  care or shelter care matter unless such member or agent

18  exhibits wanton and willful disregard of human rights or

19  safety, or property.

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

21  Statutes, 1998 Supplement, is amended to read:

22         39.0121  Specific rulemaking authority.--Pursuant to

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

24  authorized to adopt, amend, and repeal administrative rules

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

26  procedure and practice requirements necessary to implement

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

28         (5)  Requesting of services from child protection teams

29  and services, and eligible cases.

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

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


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

  2  1998 Supplement, are amended to read:

  3         39.013  Procedures and jurisdiction; right to

  4  counsel.--

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

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

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

  8  handle dependency matters, may exercise the general and

  9  equitable jurisdiction over guardianship proceedings pursuant

10  to the provisions of chapter 744, and proceedings for

11  temporary custody of minor children by extended family

12  pursuant to the provisions of chapter 751.

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

14  placement issue in cases involving a child who has been

15  removed from the parent family and placed in an out-of-home

16  placement a shelter.

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

18  all cases when the child has been removed from the parent

19  family and placed in an out-of-home placement a shelter.

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

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

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

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

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

25  supervision of the department.

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

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

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

29  shall appoint counsel for indigent parents persons. The court

30  shall ascertain whether the right to counsel is understood.

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


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

  2  enter its findings in writing with respect to the appointment

  3  or waiver of counsel for indigent parents parties or the

  4  waiver of counsel by nonindigent parents parties.

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

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

  7  unable to make an intelligent and understanding choice because

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

  9  complexity of the case, or other factors.

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

11  record.

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

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

14  renewed by the court at each subsequent stage of the

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

16  appears without counsel.

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

18  include:

19         (b)  Periods of delay resulting from a continuance

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

21  petitioner, if the continuance is granted:

22         1.  Because of an unavailability of evidence material

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

24  has exercised due diligence to obtain such evidence and there

25  are substantial grounds to believe that such evidence will be

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

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

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

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

30  appropriate sanctions, which may include dismissal of the

31  petition.


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  1         2.  To allow the attorney for the department or

  2  petitioner additional time to prepare the case and additional

  3  time is justified because of an exceptional circumstance.

  4         (d)  Reasonable periods of delay resulting from a

  5  continuance granted at the request of the parent or legal

  6  custodian of a subject child.

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

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

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

10         39.0132  Oaths, records, and confidential

11  information.--

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

13  brought before it pursuant to this chapter and shall preserve

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

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

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

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

18  permanently depriving a parent of the custody of a juvenile

19  shall be preserved permanently.  The court shall make official

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

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

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

23  other writs which may be filed therein.

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

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

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

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

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

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

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

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


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  guardian ad litem, law enforcement agencies, and the

  2  department and its designees shall always have the right to

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

  4  The court may permit authorized representatives of recognized

  5  organizations compiling statistics for proper purposes to

  6  inspect and make abstracts from official records, under

  7  whatever conditions upon their use and disposition the court

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

  9  violation of those conditions.

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

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

12  proceeding, except that:

13         (e)  Orders permanently and involuntarily terminating

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

15  subsequent termination of parental rights proceedings for a

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

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

18  Statutes, 1998 Supplement, is amended to read:

19         39.0134  Appointed counsel; compensation.--

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

21  representation pursuant to a court appointment in a dependency

22  proceeding pursuant to this chapter, such compensation shall

23  be established by each county. The county may acquire and

24  enforce a lien upon court-ordered payment of attorney's fees

25  and costs in accordance with s. 984.08.

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

27  Statutes, 1998 Supplement, is amended to read:

28         39.201  Mandatory reports of child abuse, abandonment,

29  or neglect; mandatory reports of death; central abuse

30  hotline.--

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


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  1         (a)  Physician, osteopathic physician, medical

  2  examiner, chiropractic physician, nurse, or hospital personnel

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

  4  persons;

  5         (b)  Health or mental health professional other than

  6  one listed in paragraph (a);

  7         (c)  Practitioner who relies solely on spiritual means

  8  for healing;

  9         (d)  School teacher or other school official or

10  personnel;

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

12  professional child care, foster care, residential, or

13  institutional worker; or

14         (f)  Law enforcement officer,

15

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

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

18  custodian, caregiver, or other person responsible for the

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

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

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

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

23  1998 Supplement, are amended to read:

24         39.202  Confidentiality of reports and records in cases

25  of child abuse or neglect.--

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

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

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

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

30  reports made to the central abuse hotline and all records

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


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

  2  be disclosed except as specifically authorized by this

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

  4  information in the possession of those entities granted access

  5  as set forth in this section.

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

  7  reporter which shall be released only as provided in

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

  9  persons, officials, and agencies:

10         (a)  Employees, authorized agents, or contract

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

12  county agencies responsible for carrying out:

13         1.  Child or adult protective investigations;,

14         2.  Ongoing child or adult protective services;,

15         3.  Healthy Start services;, or

16         4.  Licensure or approval of adoptive homes, foster

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

18  informal child care providers who receive subsidized child

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

20  welfare of children.

21

22  Also, employees or agents of the Department of Juvenile

23  Justice responsible for the provision of services to children,

24  pursuant to chapters 984 and 985.

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

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

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

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

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

30  abandonment. However, any information otherwise made

31


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  1  confidential or exempt by law shall not be released pursuant

  2  to this paragraph.

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

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

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

  6  or entity shall enter into a privacy and security agreement

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

  8  governing the use of such records and information for research

  9  and statistical purposes. Information identifying the subjects

10  of such records or information shall be treated as

11  confidential by the researcher and shall not be released in

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

13  the report shall be made available to the researcher.

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

15  39.203, Florida Statutes, 1998 Supplement, is amended to read:

16         39.203  Immunity from liability in cases of child

17  abuse, abandonment, or neglect.--

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

19  participating in good faith in any act authorized or required

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

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

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

23  criminal liability which might otherwise result by reason of

24  such action.

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

26  Statutes, 1998 Supplement, is amended to read:

27         39.206  Administrative fines for false report of abuse,

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

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

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

31  a false report with the central abuse hotline. The


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  1  administrative hearing officer court shall advise any person

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

  3  be represented by counsel at the administrative hearing.

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

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

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

  7         39.301  Initiation of protective investigations.--

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

  9  part, the child protective investigator shall inform any

10  subject of the investigation of the following:

11         1.  The names of the investigators and identifying

12  credentials from the department.

13         2.  The purpose of the investigation.

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

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

16         4.  The possible outcomes and services of the

17  department's response shall be explained to the parent or

18  legal custodian caregiver.

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

20  caregiver to be involved to the fullest extent possible in

21  determining the nature of the allegation and the nature of any

22  identified problem.

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

24  that protective investigators know how to fully inform parents

25  or legal custodians, guardians, and caregivers of their rights

26  and options, including opportunities for audio or video

27  recording of investigators' interviews with parents or legal

28  custodians, guardians, caretakers, or children.

29         (5)  The person responsible for the investigation shall

30  make a preliminary determination as to whether the report or

31  complaint is complete, consulting with the attorney for the


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

  2  responsible for the investigation finds that the report or

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

  4  delay to the person or agency originating the report or

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

  6  appropriate law enforcement agency having investigative

  7  jurisdiction, and request additional information in order to

  8  complete the report or complaint; however, the confidentiality

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

10  be violated.

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

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

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

14  department shall file a petition for dependency.

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

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

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

18  other treatment voluntarily accepted by the child and the

19  parents, caregivers, or legal custodians, the protective

20  investigator may refer the parent or legal custodian and child

21  for such care or other treatment.

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

23  the protection and supervision of the court, the department

24  shall file a petition for dependency.  A petition for

25  dependency shall be filed in all cases classified by the

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

27  cases involving parents or legal custodians of a young age,

28  the use of illegal drugs, or domestic violence.

29         (c)  If the person conducting the investigation refuses

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

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


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  1  person or agency originating the report complainant shall be

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

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

  4  perform an onsite child protective investigation to:

  5         (e)  Based on the information obtained from available

  6  sources the caregiver, complete the risk assessment instrument

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

  8  develop a case plan.

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

10  child requires immediate or long-term protection through:

11         (a)  Medical or other health care; or

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

13  or other services to stabilize the home environment, including

14  intensive family preservation services through the Family

15  Builders Program or, the Intensive Crisis Counseling Program,

16  or both,; or

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

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

19  legal guardians, or caregivers,

20

21  such services shall first be offered for voluntary acceptance

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

23  of the parents or, legal custodians guardians, or caregivers

24  to exercise judgment. Such factors may include the parents'

25  or, legal custodians' guardians', or caregivers' young age or

26  history of substance abuse or domestic violence. The parents

27   or, legal custodians, or caregivers shall be informed of the

28  right to refuse services, as well as the responsibility of the

29  department to protect the child regardless of the acceptance

30  or refusal of services. If the services are refused and the

31  department deems that the child's need for protection so


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  1  requires, the department shall take the child into protective

  2  custody or petition the court as provided in this chapter.

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

  4  immediately upon learning during the course of an

  5  investigation, that:

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

  7  endangered;

  8         (b)  The family is likely to flee;

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

10  neglect;

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

12  defined in s. 827.03; or

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

14  abuse,

15

16  the department shall orally notify the jurisdictionally

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

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

19  practicable, transmit a full written the report to those

20  agencies.  The law enforcement agency shall review the report

21  and determine whether a criminal investigation needs to be

22  conducted and shall assume lead responsibility for all

23  criminal fact-finding activities.  A criminal investigation

24  shall be coordinated, whenever possible, with the child

25  protective investigation of the department. Any interested

26  person who has information regarding an offense described in

27  this subsection may forward a statement to the state attorney

28  as to whether prosecution is warranted and appropriate.

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

30  investigation, when the initial interview with the child is

31  conducted at school, the department or the law enforcement


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  1  agency may allow, notwithstanding the provisions of s.

  2  39.0132(4), a school instructional staff member who is known

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

  4         (a)  The department or law enforcement agency believes

  5  that the school instructional staff member could enhance the

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

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

  8  the school instructional staff member at the interview.

  9

10  School instructional staff may only be present only when

11  authorized by this subsection.  Information received during

12  the interview or from any other source regarding the alleged

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

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

15  provided by court order.  A separate record of the

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

17  be maintained by the school or school instructional staff

18  member. Violation of this subsection constitutes a misdemeanor

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

20  s. 775.083.

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

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

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

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

25  determination of whether or not prosecution is justified and

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

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

28  Statutes, 1998 Supplement, is amended to read:

29         39.302  Protective investigations of institutional

30  child abuse, abandonment, or neglect.--

31


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  1         (1)  The department shall conduct a child protective

  2  investigation of each report of institutional child abuse,

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

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

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

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

  7  abuse, abandonment, or neglect, the department shall

  8  immediately initiate a child protective investigation and

  9  orally notify the appropriate state attorney, law enforcement

10  agency, and licensing agency.  These agencies shall

11  immediately conduct a joint investigation, unless independent

12  investigations are more feasible.  When a facility is exempt

13  from licensing, the department shall inform the owner or

14  operator of the facility of the report.  Each agency

15  conducting a joint investigation shall be entitled to full

16  access to the information gathered by the department in the

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

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

19  3 working days after making the oral report. A criminal

20  investigation shall be coordinated, whenever possible, with

21  the child protective investigation of the department. Any

22  interested person who has information regarding the offenses

23  described in this subsection may forward a statement to the

24  state attorney as to whether prosecution is warranted and

25  appropriate. Within 15 days after the completion of the

26  investigation, the state attorney shall report the findings to

27  the department and shall include in such report a

28  determination of whether or not prosecution is justified and

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

30

31


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

  2  39.3035, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         39.3035  Child advocacy centers; standards; state

  5  funding.--

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

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

  8  child advocacy center in this state shall:

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

10  agreement incorporate the participation and services of a

11  child protection team, with established community protocols

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

13  Children's Advocacy Centers, Inc.

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

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

16         39.304  Photographs, medical examinations, X rays, and

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

18         (1)  Any person required to investigate cases of

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

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

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

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

23  examination, or if the child verbally complains or otherwise

24  exhibits distress as a result of injury through suspected

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

26  been sexually abused, the person required to investigate may

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

28  physician or an emergency department in a hospital without the

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

30  Such examination may be performed by any licensed physician or

31  an advanced registered nurse practitioner licensed pursuant to


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  1  chapter 464. Any licensed physician, or advanced registered

  2  nurse practitioner licensed pursuant to chapter 464, who has

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

  4  child abuse, abandonment, or neglect may authorize a

  5  radiological examination to be performed on the child without

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

  7  custodian.

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

  9  bear the initial costs of the examination of the allegedly

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

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

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

13  other than an initial forensic physical examination as

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

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

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

17  indirectly, for the cost of an initial forensic physical

18  examination.

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

20  Statutes, 1998 Supplement, is amended to read:

21         39.311  Establishment of Family Builders Program.--

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

23  the department shall provide family preservation services:

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

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

26         (b)  To reunite families whose children have been

27  removed and placed in foster care;, and

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

29  risk of fragmentation.

30

31


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  1  The Family Builders Program shall provide programs to achieve

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

  3  remain with their families as an alternative to the more

  4  expensive and potentially psychologically damaging program of

  5  out-of-home placement.

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

  7  39.312, Florida Statutes, 1998 Supplement, are amended to

  8  read:

  9         39.312  Goals.--The goals of any Family Builders

10  Program shall be to:

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

12  and safety while working with the family.

13         (5)  Assist and educate parents in Perform household

14  maintenance, budgeting, and purchasing when parents are unable

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

16         (10)  Provide such additional reasonable services for

17  the prevention of child abuse, abandonment, and neglect

18  maltreatment and unnecessary foster care as may be needed in

19  order to strengthen a family at risk.

20         Section 20.  Section 39.313, Florida Statutes, 1998

21  Supplement, is amended to read:

22         39.313  Contracting of services.--The department may

23  contract for the delivery of Family Builders Program services

24  by professionally qualified persons or local governments when

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

26  interest.  The service provider or program operator must

27  submit to the department monthly activity reports covering any

28  services rendered.  These activity reports must include

29  project evaluation in relation to individual families being

30  served, as well as statistical data concerning families

31  referred for services who are not served due to the


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  1  unavailability of resources.  The costs of program evaluation

  2  are an allowable cost consideration in any service contract

  3  negotiated in accordance with this section.

  4         Section 21.  Section 39.395, Florida Statutes, 1998

  5  Supplement, is amended to read:

  6         39.395  Detaining a child; medical or hospital

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

  8  institution, or any physician or licensed health care

  9  professional treating a child may detain that child without

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

11  whether or not additional medical treatment is required, if

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

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

14  parents, caregiver, or legal custodian presents an imminent

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

16  such person detaining a child shall immediately notify the

17  department, whereupon the department shall immediately begin a

18  child protective investigation in accordance with the

19  provisions of this chapter and shall make every reasonable

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

21  custodian that such child has been detained.  If the

22  department determines, according to the criteria set forth in

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

24  hours, it shall petition the court through the attorney

25  representing the Department of Children and Family Services as

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

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

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

29  avoid the placement of a child in an institution whenever

30  possible.

31


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

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

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

  4         39.401  Taking a child alleged to be dependent into

  5  custody; law enforcement officers and authorized agents of the

  6  department.--

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

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

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

10  has probable cause to support a finding or reasonable grounds

11  for removal and that removal is necessary to protect the

12  child.  Reasonable grounds for removal are as follows:

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

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

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

16  abandonment;

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

18  responsible adult relative of the child has materially

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

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

21  caregiver, or responsible adult relative immediately known and

22  available to provide supervision and care.

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

24  into custody, that officer shall:

25         (a)  Release the child to:

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

27  child;

28         2.  A responsible adult approved by the court when

29  limited to temporary emergency situations;

30

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  1         3.  A responsible adult relative who shall be given

  2  priority consideration over a nonrelative placement when this

  3  is in the best interests of the child; or

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

  5

  6  For cases involving allegations of abandonment, abuse, or

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

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

  9  authorized agent of the department, the law enforcement

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

11  written report to the department.

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

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

14  authorized agent shall review the facts supporting the removal

15  with an attorney representing the department. The purpose of

16  this review shall be to determine whether probable cause

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

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

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

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

21  sufficient to support the filing of the shelter petition and

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

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

24  schedule a hearing, and the attorney representing the

25  department of Children and Family Services shall request that

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

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

28  awaiting the shelter hearing, the authorized agent of the

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

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

31  or responsible adult relative who shall be given priority


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  consideration over a licensed placement, or a responsible

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

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

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

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

  6  department's automated abuse information system, on all

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

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

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

10  be dependent until the parent or legal custodian assumes care

11  of the child.

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

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

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

15  Supplement, are amended to read:

16         39.402  Placement in a shelter.--

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

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

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

20  believe that are reasonable grounds for removal and removal is

21  necessary to protect the child.  Reasonable grounds for

22  removal are as follows:

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

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

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

26  abandonment;

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

28  materially violated a condition of placement imposed by the

29  court; or

30

31


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

  2  caregiver, or responsible adult relative immediately known and

  3  available to provide supervision and care.

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

  5  shall be given such notice as best ensures their actual

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

  7  shelter hearing.  If the parents or legal custodians are

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

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

10  given such notice as best ensures their actual knowledge of

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

12  person providing or attempting to provide notice to the

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

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

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

16  to provide notice and the results of those attempts.

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

18  written notice that:

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

20  to present evidence at the shelter hearing; and

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

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

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

24  subsequent hearing or proceeding, pursuant to the procedures

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

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

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

28  hours to enable the parents or legal custodians to consult

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

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

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


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  1         (6)

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

  3  address each condition required to be determined by the court

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

  5         (8)

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

  7  must identify the parties present at the hearing and must

  8  contain written findings:

  9         1.  That placement in shelter care is necessary based

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

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

12  interest of the child.

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

14  contrary to the welfare of the child because the home

15  situation presents a substantial and immediate danger to the

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

17  cannot be mitigated by the provision of preventive services.

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

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

20  that the child is dependent.

21         5.  That the department has made reasonable efforts to

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

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

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

25  department is deemed to have made reasonable efforts to

26  prevent or eliminate the need for removal if:

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

28  occurs during an emergency;.

29         b.  The appraisal of the home situation by the

30  department indicates that the home situation presents a

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


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  mental, or emotional health or safety which cannot be

  2  mitigated by the provision of preventive services;.

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

  4  because there are no preventive services that can ensure the

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

  6  appropriate and available services being provided, the health

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

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

  9  committed any of the acts listed as grounds for expedited

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

11         6.  That the court notified the parents or legal

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

13  dependency hearing subsequent dependency proceedings,

14  including scheduled hearings, and of the importance of the

15  active participation of the parents or legal custodians in all

16  those subsequent proceedings and hearings.

17         7.  That the court notified the parents or legal

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

19  shelter hearing and at each subsequent hearing or proceeding,

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

21  the procedures set forth in s. 39.013.

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

23  court order following a shelter hearing, the court shall

24  require in the prepare a shelter hearing order that requiring

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

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

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

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

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

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

31  shall be delivered to the judge having jurisdiction of the


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  1  guardianship estate. The shelter order shall also require the

  2  parents to provide to the department and any other state

  3  agency or party designated by the court, within 28 days after

  4  entry of the shelter order, the financial information

  5  necessary to accurately calculate child support pursuant to s.

  6  61.30.

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

  8  shall notify all parties in writing of the next scheduled

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

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

11  shelter status, in conjunction with the arraignment hearing,

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

13  shelter status.

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

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

16  amended to read:

17         39.407  Medical, psychiatric, and psychological

18  examination and treatment of child; physical or mental

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

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

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

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

23  authorized to have a medical screening performed on the child

24  without authorization from the court and without consent from

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

26  performed by a licensed health care professional and shall be

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

28  diseases and to determine the need for immunization.  The

29  department shall by rule establish the invasiveness of the

30  medical procedures authorized to be performed under this

31


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  subsection.  In no case does this subsection authorize the

  2  department to consent to medical treatment for such children.

  3         (2)  When the department has performed the medical

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

  5  otherwise determined by a licensed health care professional

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

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

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

  9  need for immunization, consent for medical treatment shall be

10  obtained in the following manner:

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

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

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

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

15  unavailable and his or her whereabouts cannot be reasonably

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

17  court order cannot reasonably be obtained, an authorized agent

18  of the department shall have the authority to consent to

19  necessary medical treatment, including immunization, for the

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

21  treatment in this circumstance shall be limited to the time

22  reasonably necessary to obtain court authorization.

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

24  available but refuses to consent to the necessary treatment,

25  including immunization, a court order shall be required unless

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

27  743.064 or the treatment needed is related to suspected abuse,

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

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

30  the authority to consent to necessary medical treatment.  This

31


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  authority is limited to the time reasonably necessary to

  2  obtain court authorization.

  3

  4  In no case shall the department consent to sterilization,

  5  abortion, or termination of life support.

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

  7  placement the physical custody of the department to be

  8  examined by a licensed health care professional.  The judge

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

10  a psychologist, by a district school board educational needs

11  assessment team, or, if a developmental disability is

12  suspected or alleged, by the developmental disability

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

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

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

16  394.463(2) or chapter 393 shall be used, whichever is

17  applicable. The educational needs assessment provided by the

18  district school board educational needs assessment team shall

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

20  achievement tests, screening for learning disabilities and

21  other handicaps, and screening for the need for alternative

22  education as defined in s. 230.23.

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

24  placement the physical custody of the department to be treated

25  by a licensed health care professional based on evidence that

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

27  such child to receive mental health or retardation services

28  from a psychiatrist, psychologist, or other appropriate

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

30  residential facility for such services, then the procedures

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


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

  2  health or retardation services in emergency situations,

  3  pursuant to the procedures and criteria contained in s.

  4  394.463(1) or chapter 393, whichever is applicable.

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

  6  physical custody of the department, a licensed health care

  7  professional shall be immediately called if there are

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

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

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

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

12  remain financially responsible for the cost of medical

13  treatment provided to the child even if either one or both of

14  the parents or if the legal custodian did not consent to the

15  medical treatment. After a hearing, the court may order the

16  parents or legal custodian, if found able to do so, to

17  reimburse the department or other provider of medical services

18  for treatment provided.

19         Section 25.  Paragraphs (a) and (d) of subsection (3)

20  and subsection (4) of section 39.501, Florida Statutes, 1998

21  Supplement, are amended to read:

22         39.501  Petition for dependency.--

23         (3)(a)  The petition shall be in writing, shall

24  identify and list all parents, if known, and all current

25  caregivers or legal custodians of the child, and shall be

26  signed by the petitioner under oath stating the petitioner's

27  good faith in filing the petition. When the petition is filed

28  by the department, it shall be signed by an attorney for the

29  department.

30         (d)  The petitioner must state in the petition, if

31  known, whether:


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  1         1.  A parent or, legal custodian, or caregiver named in

  2  the petition has previously unsuccessfully participated in

  3  voluntary services offered by the department;

  4         2.  A parent or legal custodian named in the petition

  5  has participated in mediation and whether a mediation

  6  agreement exists;

  7         3.  A parent or legal custodian has rejected the

  8  voluntary services offered by the department; or

  9         4.  The department has determined that voluntary

10  services are not appropriate for the parent or legal custodian

11  this family and the reasons for such determination.

12         (4)  When a child has been placed in shelter status by

13  order of the court, a petition alleging dependency must be

14  filed within 7 days upon demand of a party, but no later than

15  21 days after the shelter hearing, or within 7 days after any

16  party files a demand for the early filing of a dependency

17  petition, whichever comes first. In all other cases, the

18  petition must be filed within a reasonable time after the date

19  the child was referred to protective investigation. The

20  child's parent, guardian, or legal custodian must be served

21  with a copy of the petition at least 72 hours before the

22  arraignment hearing.

23         Section 26.  Subsections (1), (4), (8), (10), and (13)

24  of section 39.502, Florida Statutes, 1998 Supplement, are

25  amended to read:

26         39.502  Notice, process, and service.--

27         (1)  Unless parental rights have been terminated, all

28  parents and legal custodians must be notified of all

29  proceedings or hearings involving the child. Notice in cases

30  involving shelter hearings and hearings resulting from medical

31  emergencies must be that most likely to result in actual


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  notice to the parents and legal custodians. In all other

  2  dependency proceedings, notice must be provided in accordance

  3  with subsections (4) through (9).

  4         (4)  The summons shall require the person on whom it is

  5  served to appear for a hearing at a time and place specified,

  6  not less than 72 24 hours after service of the summons.  A

  7  copy of the petition shall be attached to the summons.

  8         (8)  It is not necessary to the validity of a

  9  proceeding covered by this part that the parents, caregivers,

10  or legal custodians be present if their identity or residence

11  is unknown after a diligent search has been made, but in this

12  event the petitioner shall file an affidavit of diligent

13  search prepared by the person who made the search and inquiry,

14  and the court may appoint a guardian ad litem for the child.

15         (10)  Service by publication shall not be required for

16  dependency hearings and the failure to serve a party or give

17  notice to a participant shall not affect the validity of an

18  order of adjudication or disposition if the court finds that

19  the petitioner has completed a diligent search for that party

20  or participant.

21         (13)  Subpoenas may be served within the state by any

22  person over 18 years of age who is not a party to the

23  proceeding and, in addition, may be served by authorized

24  agents of the department or the guardian ad litem.

25         Section 27.  Subsections (1) and (6) of section 39.503,

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

27         39.503  Identity or location of parent or legal

28  custodian unknown; special procedures.--

29         (1)  If the identity or location of a parent or legal

30  custodian is unknown and a petition for dependency or shelter

31  is filed, the court shall conduct the following inquiry of the


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  parent or legal custodian who is available, or, if no parent

  2  or legal custodian is available, of any relative or custodian

  3  of the child who is present at the hearing and likely to have

  4  the information:

  5         (a)  Whether the mother of the child was married at the

  6  probable time of conception of the child or at the time of

  7  birth of the child.

  8         (b)  Whether the mother was cohabiting with a male at

  9  the probable time of conception of the child.

10         (c)  Whether the mother has received payments or

11  promises of support with respect to the child or because of

12  her pregnancy from a man who claims to be the father.

13         (d)  Whether the mother has named any man as the father

14  on the birth certificate of the child or in connection with

15  applying for or receiving public assistance.

16         (e)  Whether any man has acknowledged or claimed

17  paternity of the child in a jurisdiction in which the mother

18  resided at the time of or since conception of the child, or in

19  which the child has resided or resides.

20         (6)  The diligent search required by subsection (5)

21  must include, at a minimum, inquiries of all relatives of the

22  parent or prospective parent made known to the petitioner,

23  inquiries of all offices of program areas of the department

24  likely to have information about the parent or prospective

25  parent, inquiries of other state and federal agencies likely

26  to have information about the parent or prospective parent,

27  inquiries of appropriate utility and postal providers, and

28  inquiries of appropriate law enforcement agencies. Pursuant to

29  s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(B)(4),

30  the department, as the state agency administering Titles IV-B

31  and IV-E of the act, shall be provided access to the federal


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  1  and state parent locator service for diligent search

  2  activities.

  3         Section 28.  Paragraph (a) of subsection (1) and

  4  paragraph (a) of subsection (3) of section 39.504, Florida

  5  Statutes, 1998 Supplement, are amended to read:

  6         39.504  Injunction pending disposition of petition;

  7  penalty.--

  8         (1)(a)  When a petition for shelter placement detention

  9  or a petition for dependency has been filed or when a child

10  has been taken into custody and reasonable cause, as defined

11  in paragraph (b), exists, the court, upon the request of the

12  department, a law enforcement officer, the state attorney, or

13  other responsible person, or upon its own motion, shall have

14  the authority to issue an injunction to prevent any act of

15  child abuse or any unlawful sexual offense involving a child.

16         (3)(a)  In every instance in which an injunction is

17  issued under this section, the purpose of the injunction shall

18  be primarily to protect and promote the best interests of the

19  child, taking the preservation of the child's immediate family

20  into consideration.  The effective period of the injunction

21  shall be determined by the court, except that the injunction

22  will expire at the time of the disposition of the petition for

23  shelter placement detention or dependency.

24         Section 29.  Section 39.506, Florida Statutes, 1998

25  Supplement, is amended to read:

26         39.506  Arraignment hearings.--

27         (1)  When a child has been sheltered detained by order

28  of the court, an arraignment hearing must be held no later

29  than 28 days after the shelter hearing, or, within 7 days

30  after the date of filing of the dependency petition if a

31  demand for early filing has been made by any party, for the


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  1  parent or legal custodian to admit, deny, or consent to

  2  findings of dependency alleged in the petition. If the parent

  3  or legal custodian admits or consents to the findings in the

  4  petition, the court shall conduct a disposition hearing within

  5  15 days after the arraignment hearing proceed as set forth in

  6  the Florida Rules of Juvenile Procedure. However, if the

  7  parent or legal custodian denies any of the allegations of the

  8  petition, the court shall hold an adjudicatory hearing within

  9  30 days after the date of the arraignment hearing unless a

10  continuance is granted pursuant to this chapter.

11         (2)  When a child is in the custody of the parent or

12  legal custodian, upon the filing of a petition the clerk shall

13  set a date for an arraignment hearing within a reasonable time

14  after the date of the filing. If the parent or legal custodian

15  admits or consents to an adjudication, the court shall conduct

16  a disposition hearing within 15 days after the arraignment

17  hearing proceed as set forth in the Florida Rules of Juvenile

18  Procedure. However, if the parent or legal custodian denies

19  any of the allegations of dependency, the court shall hold an

20  adjudicatory hearing within 30 days a reasonable time after

21  the date of the arraignment hearing.

22         (3)  Failure of a person served with notice to

23  personally respond or appear at the arraignment hearing

24  constitutes the person's consent to a dependency adjudication.

25  The document containing the notice to respond or appear must

26  contain, in type at least as large as the balance of the

27  document, the following or substantially similar language:

28  "FAILURE TO RESPOND TO THIS NOTICE OR TO PERSONALLY APPEAR AT

29  THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE

30  ADJUDICATION OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD

31  (OR CHILDREN) AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF


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    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  THIS CHILD (OR CHILDREN)." If a person appears for the

  2  arraignment hearing and the court orders that person to

  3  personally appear at the adjudicatory hearing for dependency,

  4  stating the date, time, and place of the adjudicatory hearing,

  5  then that person's failure to appear for the scheduled

  6  adjudicatory hearing constitutes consent to a dependency

  7  adjudication.

  8         (4)  At the arraignment hearing, each party shall

  9  provide to the court a permanent mailing address. The court

10  shall advise each party that this address will be used by the

11  court and the petitioner for notice purposes unless and until

12  the party notifies the court and the petitioner in writing of

13  a new mailing address.

14         (5)  If at the arraignment hearing the parent or legal

15  custodian consents or admits to the allegations in the

16  petition, the court shall proceed to hold a disposition

17  dispositional hearing no more than 15 days after the date of

18  the arraignment hearing unless a continuance is necessary.

19         (6)  At any arraignment hearing, if the child is in an

20  out-of-home placement, the court shall order visitation rights

21  absent a clear and convincing showing that visitation is not

22  in the best interest of the child.

23         (7)  The court shall review whether the department has

24  made a reasonable effort to prevent or eliminate the need for

25  removal or continued removal of the child from the home. If

26  the court determines that the department has not made such an

27  effort, the court shall order the department to provide

28  appropriate and available services to assure the protection of

29  the child in the home when such services are necessary for the

30  child's physical, mental, or emotional health and safety.

31


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  1         (8)  At the arraignment hearing, and no more than every

  2  15 days thereafter until the child is returned home or a

  3  disposition hearing has been conducted, the court shall review

  4  the necessity for the child's continued placement in the

  5  shelter. The court shall also make a written determination

  6  regarding the child's continued placement in shelter within 24

  7  hours after any violation of the time requirements for the

  8  filing of a petition or prior to the court's granting any

  9  continuance as specified in subsection (5).

10         (9)  At the conclusion of the arraignment hearing, all

11  parties shall be notified in writing by the court of the date,

12  time, and location for the next scheduled hearing.

13         Section 30.  Subsections (2), (5), (6), and (7) of

14  section 39.507, Florida Statutes, 1998 Supplement, are amended

15  to read:

16         39.507  Adjudicatory hearings; orders of

17  adjudication.--

18         (2)  All hearings, except as provided in this section,

19  shall be open to the public, and a person may not be excluded

20  except on special order of the judge, who may close any

21  hearing to the public upon determining that the public

22  interest or the welfare of the child is best served by so

23  doing. However, The parents or legal custodians shall be

24  allowed to obtain discovery pursuant to the Florida Rules of

25  Juvenile Procedure, provided such discovery does not violate.

26  However, nothing in this subsection shall be construed to

27  affect the provisions of s. 39.202. Hearings involving more

28  than one child may be held simultaneously when the children

29  involved are related to each other or were involved in the

30  same case. The child and the parents, caregivers, or legal

31


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  1  custodians of the child may be examined separately and apart

  2  from each other.

  3         (5)  If the court finds that the child named in the

  4  petition is dependent, but finds that no action other than

  5  supervision in the child's home is required, it may enter an

  6  order briefly stating the facts upon which its finding is

  7  based, but withholding an order of adjudication and placing

  8  the child's home under the supervision of the department.  If

  9  the court later finds that the parents, caregivers, or legal

10  custodians of the child have not complied with the conditions

11  of supervision imposed, the court may, after a hearing to

12  establish the noncompliance, but without further evidence of

13  the state of dependency, enter an order of adjudication and

14  shall thereafter have full authority under this chapter to

15  provide for the child as adjudicated. If the child is to

16  remain in an out-of-home placement by order of the court, the

17  court must adjudicate the child dependent.

18         (6)  If the court finds that the child named in a

19  petition is dependent, but chooses not to withhold

20  adjudication or is prohibited from withholding adjudication

21  shall elect not to proceed under subsection (5), it shall

22  incorporate that finding in an order of adjudication entered

23  in the case, briefly stating the facts upon which the finding

24  is made, and the court shall thereafter have full authority

25  under this chapter to provide for the child as adjudicated.

26         (7)  At the conclusion of the adjudicatory hearing, if

27  the child named in the petition is found dependent, the court

28  shall schedule the disposition hearing within 30 days after

29  the last day of the adjudicatory hearing the filing of the

30  adjudicatory order. All parties shall be notified in writing

31  at the conclusion of the adjudicatory hearing by the clerk of


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  1  the court of the date, time, and location of the disposition

  2  hearing.

  3         Section 31.  Section 39.508, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         39.508  Disposition hearings; powers of disposition.--

  6         (1)  At the disposition hearing, if the court finds

  7  that the facts alleged in the petition for dependency were

  8  proven in the adjudicatory hearing, or if the parents,

  9  caregivers, or legal custodians have consented to the finding

10  of dependency or admitted the allegations in the petition,

11  have failed to appear for the arraignment hearing after proper

12  notice, or have not been located despite a diligent search

13  having been conducted, the court shall receive and consider a

14  case plan and a predisposition study, which must be in writing

15  and presented by an authorized agent of the department.

16         (2)  The predisposition study shall cover for any

17  dependent child all factors specified in s. 61.13(3), and must

18  also provide the court with the following documented

19  information:

20         (a)  An assessment defining the dangers and risks of

21  returning the child home, including a description of the

22  changes in and resolutions to the initial risks.

23         (b)  A description of what risks are still present and

24  what resources are available and will be provided for the

25  protection and safety of the child.

26         (c)  A description of the benefits of returning the

27  child home.

28         (d)  A description of all unresolved issues.

29         (e)  An abuse registry history and criminal records

30  check for all caregivers, family members, and individuals

31  residing within the household.


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  1         (f)  The complete report and recommendation of the

  2  child protection team of the Department of Health or, if no

  3  report exists, a statement reflecting that no report has been

  4  made.

  5         (g)  All opinions or recommendations from other

  6  professionals or agencies that provide evaluative, social,

  7  reunification, or other services to the parent and child

  8  family.

  9         (h)  The availability of appropriate prevention and

10  reunification services for the parent and child family to

11  prevent the removal of the child from the home or to reunify

12  the child with the parent family after removal, including the

13  availability of family preservation services through the

14  Family Builders Program, the Intensive Crisis Counseling

15  Program, or both.

16         (i)  The inappropriateness of other prevention and

17  reunification services that were available.

18         (j)  The efforts by the department to prevent

19  out-of-home placement of the child or, when applicable, to

20  reunify the parent and child family if appropriate services

21  were available, including the application of intensive family

22  preservation services through the Family Builders Program, the

23  Intensive Crisis Counseling Program, or both.

24         (k)  Whether the services were provided to the parent

25  family and child.

26         (l)  If the services were provided, whether they were

27  sufficient to meet the needs of the child and the parent

28  family and to enable the child to remain safely at home or to

29  be returned home.

30         (m)  If the services were not provided, the reasons for

31  such lack of action.


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  1         (n)  The need for, or appropriateness of, continuing

  2  the services if the child remains in the custody of the parent

  3  family or if the child is placed outside the home.

  4         (o)  Whether dependency family mediation was provided.

  5         (p)  If the child has been removed from the home and

  6  there is a parent, caregiver, or legal custodian who may be

  7  considered for custody pursuant to this section, a

  8  recommendation as to whether placement of the child with that

  9  parent, caregiver, or legal custodian would be detrimental to

10  the child.

11         (q)  If the child has been removed from the home and

12  will be remaining with a relative or other adult approved by

13  the court caregiver, a home study report concerning the

14  proposed placement shall be included in the predisposition

15  report.

16         (r)  If the child has been removed from the home, a

17  determination of the amount of child support each parent will

18  be required to pay pursuant to s. 61.30.

19

20  Any other relevant and material evidence, including other

21  written or oral reports, may be received by the court in its

22  effort to determine the action to be taken with regard to the

23  child and may be relied upon to the extent of its probative

24  value, even though not competent in an adjudicatory hearing.

25  Except as otherwise specifically provided, nothing in this

26  section prohibits the publication of proceedings in a hearing.

27         (3)(a)1.  Notwithstanding s. 435.045(1), the department

28  may place a child in a foster home which otherwise meets

29  licensing requirements if state and local criminal records

30  checks do not disqualify the applicant, and the department has

31  submitted fingerprint information to the Florida Department of


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  1  Law Enforcement for forwarding to the Federal Bureau of

  2  Investigation and is awaiting the results of the federal

  3  criminal records check.

  4         2.  Prospective and approved foster parents must

  5  disclose to the department any prior or pending local, state

  6  or federal criminal proceedings in which they are or have been

  7  involved.

  8         (b)(a)  Prior to recommending to the court any

  9  out-of-home placement for a child other than placement in a

10  licensed shelter or foster home, the department shall conduct

11  a study of the home of the proposed legal custodians

12  caregivers, which must include, at a minimum:

13         1.  An interview with the proposed legal custodians

14  adult caregivers to assess their ongoing commitment and

15  ability to care for the child.

16         2.  Records checks through the department's automated

17  abuse information system, and local and statewide criminal and

18  juvenile records checks through the Department of Law

19  Enforcement, on all household members 12 years of age or older

20  and any other persons made known to the department who are

21  frequent visitors in the home.

22         3.  An assessment of the physical environment of the

23  home.

24         4.  A determination of the financial security of the

25  proposed legal custodians caregivers.

26         5.  A determination of suitable child care arrangements

27  if the proposed legal custodians caregivers are employed

28  outside of the home.

29         6.  Documentation of counseling and information

30  provided to the proposed legal custodians caregivers regarding

31  the dependency process and possible outcomes.


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  1         7.  Documentation that information regarding support

  2  services available in the community has been provided to the

  3  proposed legal custodians caregivers.

  4         (c)(b)  The department shall not place the child or

  5  continue the placement of the child in the home of the

  6  proposed legal custodians caregivers if the results of the

  7  home study are unfavorable.

  8         (4)  If placement of the child with anyone other than

  9  the child's parent, caregiver, or legal custodian is being

10  considered, the predisposition study shall include the

11  designation of a specific length of time as to when custody by

12  the parent, caregiver, or legal custodian will be

13  reconsidered.

14         (5)  The predisposition study may not be made before

15  the adjudication of dependency unless the parents, caregivers,

16  or legal custodians of the child consent.

17         (6)  A case plan and predisposition study must be filed

18  with the court and served upon the parents, caregivers, or

19  legal custodians of the child, provided to the representative

20  of the guardian ad litem program, if the program has been

21  appointed, and provided to all other parties not less than 72

22  hours before the disposition hearing. All such case plans must

23  be approved by the court. If the court does not approve the

24  case plan at the disposition hearing, the court must set a

25  hearing within 30 days after the disposition hearing to review

26  and approve the case plan.

27         (7)  The initial judicial review must be held no later

28  than 90 days after the date of the disposition hearing or

29  after the date of the hearing at which the court approves the

30  case plan, whichever occurs earlier, but in no event shall the

31


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  1  review be held later than 6 months after the date of the

  2  child's removal from the home.

  3         (8)  When any child is adjudicated by a court to be

  4  dependent, and the court finds that removal of the child from

  5  the custody of a parent or, legal custodian, or caregiver is

  6  necessary, the court shall first determine whether there is a

  7  parent with whom the child was not residing at the time the

  8  events or conditions arose that brought the child within the

  9  jurisdiction of the court who desires to assume custody of the

10  child and, if such parent requests custody, the court shall

11  place the child with the parent unless it finds that such

12  placement would endanger the safety, well-being, or physical,

13  mental, or emotional health of the child. Any party with

14  knowledge of the facts may present to the court evidence

15  regarding whether the placement will endanger the safety,

16  well-being, or physical, mental, or emotional health of the

17  child. If the court places the child with such parent, it may

18  do either of the following:

19         (a)  Order that the parent assume sole custodial

20  responsibilities for become the legal and physical custodian

21  of the child. The court may also provide for reasonable

22  visitation by the noncustodial parent. The court may shall

23  then terminate its jurisdiction over the child. The custody

24  order shall continue unless modified by a subsequent order of

25  the circuit court hearing dependency matters. The order of the

26  circuit juvenile court hearing dependency matters shall be

27  filed in any dissolution or other custody action or proceeding

28  between the parents and shall take precedence over other

29  custody and visitation orders entered in those actions.

30         (b)  Order that the parent assume custody subject to

31  the jurisdiction of the circuit juvenile court hearing


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  1  dependency matters. The court may order that reunification

  2  services be provided to the parent, caregiver, or legal

  3  custodian from whom the child has been removed, that services

  4  be provided solely to the parent who is assuming physical

  5  custody in order to allow that parent to retain later custody

  6  without court jurisdiction, or that services be provided to

  7  both parents, in which case the court shall determine at every

  8  review hearing which parent, if either, shall have custody of

  9  the child. The standard for changing custody of the child from

10  one parent to another or to a relative or another adult

11  approved by the court shall be the best interest of the child

12  caregiver must meet the home study criteria and court approval

13  pursuant to this chapter.

14         (9)(a)  When any child is adjudicated by a court to be

15  dependent, the court having jurisdiction of the child has the

16  power, by order, to:

17         1.  Require the parent, caregiver, or legal custodian,

18  and the child when appropriate, to participate in treatment

19  and services identified as necessary.

20         2.  Require the parent, caregiver, or legal custodian,

21  and the child when appropriate, to participate in mediation if

22  the parent, caregiver, or legal custodian refused to

23  participate in mediation.

24         3.  Place the child under the protective supervision of

25  an authorized agent of the department, either in the child's

26  own home or, the prospective custodian being willing, in the

27  home of a relative of the child or of another adult a

28  caregiver approved by the court, or in some other suitable

29  place under such reasonable conditions as the court may

30  direct. Protective supervision continues until the court

31  terminates it or until the child reaches the age of 18,


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  1  whichever date is first. Protective supervision shall be

  2  terminated by the court whenever the court determines that

  3  permanency has been achieved for the child, whether with a

  4  parent, another relative, or a legal custodian, or a

  5  caregiver, and that protective supervision is no longer

  6  needed.  The termination of supervision may be with or without

  7  retaining jurisdiction, at the court's discretion, and shall

  8  in either case be considered a permanency option for the

  9  child.  The order terminating supervision by the department

10  shall set forth the powers of the custodian of the child and

11  shall include the powers ordinarily granted to a guardian of

12  the person of a minor unless otherwise specified. Upon the

13  court's termination of supervision by the department, no

14  further judicial reviews are required, so long as permanence

15  has been established for the child.

16         4.  Place the child in the temporary legal custody of

17  an adult relative or other adult caregiver approved by the

18  court who is willing to care for the child. The department

19  must supervise this placement until the child reaches

20  permanency status in this home, and in no case for a period of

21  less than 6 months. Permanency in a relative placement shall

22  be by adoption, long-term custody, or guardianship.

23         5.a.  When the parents have failed to comply with a

24  case plan and the court determines at a judicial review

25  hearing, or at an adjudication hearing held pursuant to this

26  section, that neither reunification, termination of parental

27  rights, nor adoption is in the best interest of the child, the

28  court may place the child in the long-term custody of an adult

29  relative or other adult caregiver approved by the court

30  willing to care for the child, if all of the following

31  conditions are met:


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  1         (I)  A case plan describing the responsibilities of the

  2  relative or other adult caregiver, the department, and any

  3  other party must have been submitted to the court.

  4         (II)  The case plan for the child does not include

  5  reunification with the parents or adoption by the relative or

  6  other adult caregiver.

  7         (III)  The child and the relative or other adult

  8  caregiver are determined not to need protective supervision or

  9  preventive services to ensure the stability of the long-term

10  custodial relationship, or the department assures the court

11  that protective supervision or preventive services will be

12  provided in order to ensure the stability of the long-term

13  custodial relationship.

14         (IV)  Each party to the proceeding agrees that a

15  long-term custodial relationship does not preclude the

16  possibility of the child returning to the custody of the

17  parent at a later date, should the parent demonstrate a

18  material change in circumstances and the return of the child

19  to the parent is in the child's best interest.

20         (V)  The court has considered the reasonable preference

21  of the child if the court has found the child to be of

22  sufficient intelligence, understanding, and experience to

23  express a preference.

24         (VI)  The court has considered the recommendation of

25  the guardian ad litem if one has been appointed.

26         (VII)  The relative or other adult has made a

27  commitment to provide for the child until the child reaches

28  the age of majority and to prepare the child for adulthood and

29  independence.

30         (VIII)  The relative or other adult agrees not to

31  return the child to the physical care and custody of the


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  1  person from whom the child was removed, including for short

  2  visitation periods, without the approval of the court.

  3         b.  The court shall retain jurisdiction over the case,

  4  and the child shall remain in the long-term custody of the

  5  relative or other adult caregiver approved by the court until

  6  the order creating the long-term custodial relationship is

  7  modified by the court. The court shall discontinue regular

  8  judicial review hearings and may relieve the department of the

  9  responsibility for supervising the placement of the child

10  whenever the court determines that the placement is stable and

11  that such supervision is no longer needed. The child must be

12  in the placement for a minimum of 6 continuous months before

13  the court may consider termination of the department's

14  supervision. Notwithstanding the retention of jurisdiction,

15  the placement shall be considered a permanency option for the

16  child when the court relieves the department of the

17  responsibility for supervising the placement.  The order

18  terminating supervision by the department shall set forth the

19  powers of the custodian of the child and shall include the

20  powers ordinarily granted to a guardian of the person of a

21  minor unless otherwise specified. The court may modify the

22  order terminating supervision of the long-term relative or

23  caregiver placement if it finds that a party to the proceeding

24  has shown a material change in circumstances which causes the

25  long-term relative or caregiver placement is to be no longer

26  in the best interest of the child.

27         6.a.  Approve placement of the child in long-term

28  out-of-home care, when the following conditions are met:

29         (I)  The foster child is 16 years of age or older,

30  unless the court determines that the history or condition of a

31


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  1  younger child makes long-term out-of-home care the most

  2  appropriate placement.

  3         (II)  The child demonstrates no desire to be placed in

  4  an independent living arrangement pursuant to this subsection.

  5         (III)  The department's social services study pursuant

  6  to part VIII recommends long-term out-of-home care.

  7

  8  b.  Long-term out-of-home care under the above conditions

  9  shall not be considered a permanency option.

10         b.c.  The court may approve placement of the child in

11  long-term out-of-home care, as a permanency option, when all

12  of the following conditions are met:

13         (I)  The child is 14 years of age or older.,

14         (II)  The child is living in a licensed home and the

15  foster parents desire to provide care for the child on a

16  permanent basis and the foster parents and the child do not

17  desire adoption.,

18         (III)  The foster family has made a commitment to

19  provide for the child until he or she reaches the age of

20  majority and to prepare the child for adulthood and

21  independence., and

22         (IV)  The child has remained in the home for a

23  continuous period of no less than 12 months.

24         (V)  The foster parents and the child view one another

25  as family and consider living together as the best place for

26  the child to be on a permanent basis.

27         (VI)  The department's social services study recommends

28  such placement and finds the child's well-being has been

29  promoted through living with the foster parents.

30

31


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  1  d.  Notwithstanding the retention of jurisdiction and

  2  supervision by the department, long-term out-of-home care

  3  placements made pursuant to this section shall be considered a

  4  permanency option for the child.  For purposes of this

  5  subsection, supervision by the department shall be defined as

  6  a minimum of semiannual visits.  The order placing the child

  7  in long-term out-of-home care as a permanency option shall set

  8  forth the powers of the custodian of the child and shall

  9  include the powers ordinarily granted to a guardian of the

10  person of a minor unless otherwise specified.  The court may

11  modify the permanency option of long-term out-of-home care if

12  it finds that a party to the proceeding has shown a material

13  change in circumstances which causes the placement is to be no

14  longer in the best interests of the child.

15         c.e.  Approve placement of the child in an independent

16  living arrangement for any foster child 16 years of age or

17  older, if it can be clearly established that this type of

18  alternate care arrangement is the most appropriate plan and

19  that the health, safety, and well-being of the child will not

20  be jeopardized by such an arrangement. While in independent

21  living situations, children whose legal custody has been

22  awarded to the department or a licensed child-caring or

23  child-placing agency, or who have been voluntarily placed with

24  such an agency by a parent, guardian, relative, or adult

25  nonrelative approved by the court, continue to be subject to

26  court review provisions.

27         7.  Commit the child to the temporary legal custody of

28  the department. Such commitment invests in the department all

29  rights and responsibilities of a legal custodian. The

30  department shall not return any child to the physical care and

31  custody of the person from whom the child was removed, except


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  1  for court-approved short visitation periods, without the

  2  approval of the court. The term of such commitment continues

  3  until terminated by the court or until the child reaches the

  4  age of 18. After the child is committed to the temporary

  5  custody of the department, all further proceedings under this

  6  section are also governed by this chapter.

  7         8.a.  Change the temporary legal custody or the

  8  conditions of protective supervision at a postdisposition

  9  hearing subsequent to the initial detention hearing, without

10  the necessity of another adjudicatory hearing. A child who has

11  been placed in the child's own home under the protective

12  supervision of an authorized agent of the department, in the

13  home of a relative, in the home of a legal custodian or

14  caregiver, or in some other place may be brought before the

15  court by the agent of the department who is supervising the

16  placement or by any other interested person, upon the filing

17  of a petition alleging a need for a change in the conditions

18  of protective supervision or the placement. If the parents or

19  other legal custodians deny the need for a change, the court

20  shall hear all parties in person or by counsel, or both. Upon

21  the admission of a need for a change or after such hearing,

22  the court shall enter an order changing the placement,

23  modifying the conditions of protective supervision, or

24  continuing the conditions of protective supervision as

25  ordered. The standard for changing custody of the child shall

26  be the best interest of the child. If the child is not placed

27  in foster care, then the new placement for the child from one

28  parent to another or to a relative or caregiver must meet the

29  home study criteria and court approval pursuant to this

30  chapter.

31


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  1         b.  In cases where the issue before the court is

  2  whether a child should be reunited with a parent, the court

  3  shall determine whether the parent has substantially complied

  4  with the terms of the case plan to the extent that the safety,

  5  well-being, and physical, mental, and emotional health of the

  6  child is not endangered by the return of the child to the

  7  home.

  8         (b)  The court shall, in its written order of

  9  disposition, include all of the following:

10         1.  The placement or custody of the child as provided

11  in paragraph (a).

12         2.  Special conditions of placement and visitation.

13         3.  Evaluation, counseling, treatment activities, and

14  other actions to be taken by the parties, if ordered.

15         4.  The persons or entities responsible for supervising

16  or monitoring services to the child and parent family.

17         5.  Continuation or discharge of the guardian ad litem,

18  as appropriate.

19         6.  The date, time, and location of the next scheduled

20  review hearing, which must occur within 90 days after the

21  disposition hearing or within the earlier of:

22         a.  Ninety days after the disposition hearing;

23         b.  Ninety days after the court accepts the case plan;

24         c.a.  Six months after the date of the last review

25  hearing; or

26         d.b.  Six months after the date of the child's removal

27  from his or her home, if no review hearing has been held since

28  the child's removal from the home.

29         7.  Other requirements necessary to protect the health,

30  safety, and well-being of the child, to preserve the stability

31


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  1  of the child's educational placement, and to promote family

  2  preservation or reunification whenever possible.

  3         (c)  If the court finds that the prevention or

  4  reunification efforts of the department will allow the child

  5  to remain safely at home or be safely returned to the home,

  6  the court shall allow the child to remain in or return to the

  7  home after making a specific finding of fact that the reasons

  8  for removal have been remedied to the extent that the child's

  9  safety, well-being, and physical, mental, and emotional health

10  will not be endangered.

11         (d)  If the court places commits the child in an

12  out-of-home placement to the temporary legal custody of the

13  department, the disposition order must include a written

14  determination that the child cannot safely remain at home with

15  reunification or family preservation services and that removal

16  of the child is necessary to protect the child. If the child

17  has been removed before the disposition hearing, the order

18  must also include a written determination as to whether, after

19  removal, the department has made a reasonable effort to

20  reunify the parent and child, if reasonable efforts are

21  required family. Reasonable efforts to reunify are not

22  required if the court has found that any of the acts listed in

23  s. 39.806(1)(f)-(i) have occurred. The department has the

24  burden of demonstrating that it has made reasonable efforts

25  under this paragraph.

26         1.  For the purposes of this paragraph, the term

27  "reasonable effort" means the exercise of reasonable diligence

28  and care by the department to provide the services delineated

29  in the case plan.

30         2.  In support of its determination as to whether

31  reasonable efforts have been made, the court shall:


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  1         a.  Enter written findings as to whether or not

  2  prevention or reunification efforts were indicated.

  3         b.  If prevention or reunification efforts were

  4  indicated, include a brief written description of what

  5  appropriate and available prevention and reunification efforts

  6  were made.

  7         c.  Indicate in writing why further efforts could or

  8  could not have prevented or shortened the separation of the

  9  parent and child family.

10         3.  A court may find that the department has made a

11  reasonable effort to prevent or eliminate the need for removal

12  if:

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

14  occurs during an emergency;.

15         b.  The appraisal by the department of the home

16  situation indicates that it presents a substantial and

17  immediate danger to the child's safety or physical, mental, or

18  emotional health which cannot be mitigated by the provision of

19  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, even with appropriate and

23  available services being provided, the health and safety of

24  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         4.  A reasonable effort by the department for

29  reunification of the parent and child family has been made if

30  the appraisal of the home situation by the department

31  indicates that the severity of the conditions of dependency is


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  1  such that reunification efforts are inappropriate. The

  2  department has the burden of demonstrating to the court that

  3  reunification efforts were inappropriate.

  4         5.  If the court finds that the prevention or

  5  reunification effort of the department would not have

  6  permitted the child to remain safely at home, the court may

  7  commit the child to the temporary legal custody of the

  8  department or take any other action authorized by this

  9  chapter.

10         (10)(a)  When any child is adjudicated by the court to

11  be dependent and temporary legal custody of the child has been

12  placed with an adult relative, legal custodian, or other adult

13  caregiver approved by the court, a licensed child-caring

14  agency, or the department, the court shall, unless a parent

15  has voluntarily executed a written surrender for purposes of

16  adoption, order the parents, or the guardian of the child's

17  estate if possessed of assets which under law may be disbursed

18  for the care, support, and maintenance of the child, to pay

19  child support to the adult relative, legal custodian, or

20  caregiver caring for the child, the licensed child-caring

21  agency, or the department. The court may exercise jurisdiction

22  over all child support matters, shall adjudicate the financial

23  obligation, including health insurance, of the child's parents

24  or guardian, and shall enforce the financial obligation as

25  provided in chapter 61. The state's child support enforcement

26  agency shall enforce child support orders under this section

27  in the same manner as child support orders under chapter 61.

28         (b)  Placement of the child pursuant to subsection (8)

29  shall not be contingent upon issuance of a support order.

30         (11)(a)  If the court does not commit the child to the

31  temporary legal custody of an adult relative, legal custodian,


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  1  or other adult caregiver approved by the court, the

  2  disposition order shall include the reasons for such a

  3  decision and shall include a determination as to whether

  4  diligent efforts were made by the department to locate an

  5  adult relative, legal custodian, or other adult caregiver

  6  willing to care for the child in order to present that

  7  placement option to the court instead of placement with the

  8  department.

  9         (b)  If diligent efforts are made to locate an adult

10  relative willing and able to care for the child but, because

11  no suitable relative is found, the child is placed with the

12  department or a legal custodian or other adult approved by the

13  court caregiver, both the department and the court shall

14  consider transferring temporary legal custody to an adult

15  relative approved by the court at a later date, but neither

16  the department nor the court is obligated to so place the

17  child if it is in the child's best interest to remain in the

18  current placement. For the purposes of this paragraph,

19  "diligent efforts to locate an adult relative" means a search

20  similar to the diligent search for a parent, but without the

21  continuing obligation to search after an initial adequate

22  search is completed.

23         (12)  An agency granted legal custody shall have the

24  right to determine where and with whom the child shall live,

25  but an individual granted legal custody shall exercise all

26  rights and duties personally unless otherwise ordered by the

27  court.

28         (13)  In carrying out the provisions of this chapter,

29  the court may order the natural parents, caregivers, or legal

30  custodians of a child who is found to be dependent to

31  participate in family counseling and other professional


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  1  counseling activities deemed necessary for the rehabilitation

  2  of the child.

  3         (14)  With respect to a child who is the subject in

  4  proceedings under this chapter, the court shall issue to the

  5  department an order to show cause why it should not return the

  6  child to the custody of the natural parents, legal custodians,

  7  or caregivers upon expiration of the case plan, or sooner if

  8  the parents, legal custodians, or caregivers have

  9  substantially complied with the case plan.

10         (15)  The court may at any time enter an order ending

11  its jurisdiction over a any child, except that, when a child

12  has been returned to the parents under subsection (14),

13  provided the court shall not terminate its jurisdiction or the

14  department's supervision over the child until 6 months after

15  the child's return. Based on a report of the department or

16  agency or the child's guardian ad litem, and any other

17  relevant factors, The court shall then determine whether its

18  jurisdiction should be continued or terminated in such a case

19  based on a report of the department or agency or the child's

20  guardian ad litem, and any other relevant factors; if its

21  jurisdiction is to be terminated, the court shall enter an

22  order to that effect.

23         Section 32.  Paragraphs (a) and (d) of subsection (2)

24  of section 39.5085, Florida Statutes, 1998 Supplement, are

25  amended to read:

26         39.5085  Relative Caregiver Program.--

27         (2)(a)  The Department of Children and Family Services

28  shall establish and operate the Relative Caregiver Program

29  pursuant to eligibility guidelines established in this section

30  as further implemented by rule of the department. The Relative

31  Caregiver Program shall, within the limits of available


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  1  funding, provide financial assistance to relatives who are

  2  within the fifth degree by blood or marriage to the parent or

  3  stepparent of a child and who are caring full-time for that

  4  child in the role of substitute parent as a result of a

  5  court's departmental determination of child abuse, neglect, or

  6  abandonment and subsequent placement with the relative

  7  pursuant to this chapter. Such placement may be either

  8  court-ordered temporary legal custody to the relative pursuant

  9  to s. 39.508(9)(a)4., or court-ordered placement in the home

10  of a relative under protective supervision of the department

11  pursuant to s. 39.508(9)(a)3.  The Relative Caregiver Program

12  shall offer financial assistance to caregivers who are

13  relatives and who would be unable to serve in that capacity

14  without the relative caregiver payment because of financial

15  burden, thus exposing the child to the trauma of placement in

16  a shelter or in foster care.

17         (d)  Relatives who are caring for children placed with

18  them by the court pursuant to this chapter child protection

19  system shall receive a special monthly relative caregiver

20  benefit established by rule of the department.  The amount of

21  the special benefit payment shall be based on the child's age

22  within a payment schedule established by rule of the

23  department and subject to availability of funding. The

24  statewide average monthly rate for children judicially placed

25  with relatives who are not licensed as foster homes may not

26  exceed 82 percent of the statewide average foster care rate,

27  nor may the cost of providing the assistance described in this

28  section to any relative caregiver exceed the cost of providing

29  out-of-home care in emergency shelter or foster care.

30         Section 33.  Section 39.509, Florida Statutes, 1998

31  Supplement, is amended to read:


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  1         39.509  Grandparents rights.--Notwithstanding any other

  2  provision of law, a maternal or paternal grandparent as well

  3  as a stepgrandparent is entitled to reasonable visitation with

  4  his or her grandchild who has been adjudicated a dependent

  5  child and taken from the physical custody of the parent,

  6  custodian, legal guardian, or caregiver unless the court finds

  7  that such visitation is not in the best interest of the child

  8  or that such visitation would interfere with the goals of the

  9  case plan. Reasonable visitation may be unsupervised and,

10  where appropriate and feasible, may be frequent and

11  continuing.

12         (1)  Grandparent visitation may take place in the home

13  of the grandparent unless there is a compelling reason for

14  denying such a visitation. The department's caseworker shall

15  arrange the visitation to which a grandparent is entitled

16  pursuant to this section.  The state shall not charge a fee

17  for any costs associated with arranging the visitation.

18  However, the grandparent shall pay for the child's cost of

19  transportation when the visitation is to take place in the

20  grandparent's home.  The caseworker shall document the reasons

21  for any decision to restrict a grandparent's visitation.

22         (2)  A grandparent entitled to visitation pursuant to

23  this section shall not be restricted from appropriate displays

24  of affection to the child, such as appropriately hugging or

25  kissing his or her grandchild.  Gifts, cards, and letters from

26  the grandparent and other family members shall not be denied

27  to a child who has been adjudicated a dependent child.

28         (3)  Any attempt by a grandparent to facilitate a

29  meeting between the child who has been adjudicated a dependent

30  child and the child's parent or legal, custodian, or any other

31  person legal guardian, or caregiver in violation of a court


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  1  order shall automatically terminate future visitation rights

  2  of the grandparent.

  3         (4)  When the child has been returned to the physical

  4  custody of his or her parent or permanent custodian, legal

  5  guardian, or caregiver, the visitation rights granted pursuant

  6  to this section shall terminate.

  7         (5)  The termination of parental rights does not affect

  8  the rights of grandparents unless the court finds that such

  9  visitation is not in the best interest of the child or that

10  such visitation would interfere with the goals of permanency

11  planning for the child.

12         (6)  In determining whether grandparental visitation is

13  not in the child's best interest, consideration may be given

14  to the finding of guilt, regardless of adjudication, or entry

15  or plea of guilty or nolo contendere to charges under the

16  following statutes, or similar statutes of other

17  jurisdictions:  s. 787.04, relating to removing minors from

18  the state or concealing minors contrary to court order; s.

19  794.011, relating to sexual battery; s. 798.02, relating to

20  lewd and lascivious behavior; chapter 800, relating to

21  lewdness and indecent exposure; or chapter 827, relating to

22  the abuse of children.  Consideration may also be given to a

23  report finding of confirmed abuse, abandonment, or neglect

24  under ss. 415.101-415.113 or this chapter and the outcome of

25  the investigation concerning such report.

26         Section 34.  Subsections (1) and (2) of section 39.510,

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

28         39.510  Appeal.--

29         (1)  Any child, parent, guardian ad litem, caregiver,

30  or legal custodian of any child, any other party to the

31  proceeding who is affected by an order of the court, or the


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  1  department may appeal to the appropriate district court of

  2  appeal within the time and in the manner prescribed by the

  3  Florida Rules of Appellate Procedure. Appointed counsel shall

  4  be compensated as provided in this chapter.

  5         (2)  When the notice of appeal is filed in the circuit

  6  court by a party other than the department, an attorney for

  7  the department shall represent the state and the court upon

  8  appeal and shall be notified of the appeal by the clerk when

  9  the notice of appeal is filed in the circuit court by a party

10  other than the department.

11         Section 35.  Section 39.601, Florida Statutes, 1998

12  Supplement, is amended to read:

13         39.601  Case plan requirements.--

14         (1)  The department or agent of the department shall

15  develop a case plan for each child or child's family receiving

16  services pursuant to this chapter.  A parent, caregiver, or

17  legal custodian of a child may not be required nor coerced

18  through threat of loss of custody or parental rights to admit

19  in the case plan to abusing, neglecting, or abandoning a

20  child. Where dependency mediation services are available and

21  appropriate to the best interests of the child, the court may

22  refer the case to mediation for development of a case plan.

23  This section does not change the provisions of s. 39.807.

24         (a)  The case plan must be developed in conference with

25  the parent, caregiver, or legal custodian of the child and any

26  court-appointed guardian ad litem and, if appropriate, the

27  child.

28         (b)  The case plan must be written simply and clearly

29  in English and, if English is not the principal language of

30  the child's parent, caregiver, or legal custodian, to the

31  extent possible in such principal language.


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  1         (c)  The case plan must describe the minimum number of

  2  face-to-face meetings to be held each month between the

  3  parents, caregivers, or legal custodians and the department's

  4  caseworkers to review progress of the plan, to eliminate

  5  barriers to progress, and to resolve conflicts or

  6  disagreements.

  7         (d)  The case plan must be subject to modification

  8  based on changing circumstances.

  9         (e)  The case plan must be signed by all parties.

10         (f)  The case plan must be reasonable, accurate, and in

11  compliance with the requirements of other court orders.

12         (2)  When the child or parent family is receiving

13  services, the case plan must include, in addition to the

14  requirements in subsection (1), at a minimum:

15         (a)  A description of the problem being addressed that

16  includes the behavior or act of a parent, legal custodian, or

17  caregiver resulting in risk to the child and the reason for

18  the department's intervention.

19         (b)  A description of the tasks with which the parent

20  must comply and the services to be provided to the parent

21  family and child specifically addressing the identified

22  problem, including:

23         1.  Type of services or treatment.

24         2.  Frequency of services or treatment.

25         3.  Location of the delivery of the services.

26         4.  The accountable department staff or service

27  provider.

28         (c)  A description of the measurable objectives,

29  including timeframes for achieving objectives, addressing the

30  identified problem.

31


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  1         (3)  When the child is receiving services in an

  2  out-of-home a placement outside the child's home or in foster

  3  care, the case plan must be filed with submitted to the court,

  4  for approval by the court, at least 72 hours prior to at the

  5  disposition hearing.  The case plan must be served on all

  6  parties whose whereabouts are known at least 72 hours prior to

  7  the disposition hearing and must include, in addition to the

  8  requirements in subsections (1) and (2), at a minimum:

  9         (a)  A description of the permanency goal for the

10  child, including the type of placement. Reasonable efforts to

11  place a child in a home that will serve as an adoptive

12  placement if reunification is not successful, for adoption or

13  with a legal custodian, guardian may be made concurrently with

14  reasonable efforts to prevent removal of the child from the

15  home or make it possible for the child to return safely home.

16         (b)  A description of the type of home or institution

17  in which the child is to be placed.

18         (c)  A description of the financial support obligation

19  to the child, including health insurance, of the child's

20  parent, parents, caregiver, or legal custodian.

21         (d)  A description of the visitation rights and

22  obligations of the parent or parents, caregiver, or legal

23  custodian during the period the child is in care.

24         (e)  A discussion of the safety and appropriateness of

25  the child's placement, which placement is intended to be safe,

26  the least restrictive and most family-like setting available

27  consistent with the best interest and special needs of the

28  child, and in as close proximity as possible to the child's

29  home. The plan must also establish the role for the foster

30  parents or legal custodians in the development of the services

31  which are to be provided to the child, foster parents, or


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  1  legal custodians. It must also address the child's need for

  2  services while under the jurisdiction of the court and

  3  implementation of these services in the case plan.

  4         (f)  A description of the efforts to be undertaken to

  5  maintain the stability of the child's educational placement.

  6         (g)  A discussion of the department's plans to carry

  7  out the judicial determination made by the court, with respect

  8  to the child, in accordance with this chapter and applicable

  9  federal regulations.

10         (h)  A description of the plan for assuring that

11  services outlined in the case plan are provided to the child

12  and the child's parent or parents, legal custodians, or

13  caregivers, to improve the conditions in the family home and

14  facilitate either the safe return of the child to the home or

15  the permanent placement of the child.

16         (i)  A description of the plan for assuring that

17  services as outlined in the case plan are provided to the

18  child, and the child's parent or parents, and the child's

19  legal custodians, or caregivers, to address the needs of the

20  child, and a discussion of the appropriateness of the

21  services.

22         (j)  A description of the plan for assuring that

23  services are provided to the child and the child's legal

24  custodians or foster parents to address the needs of the child

25  while in an out-of-home placement foster care, which shall

26  include an itemized list of costs to be borne by the parent or

27  caregiver associated with any services or treatment that the

28  parent and child are expected to receive.

29         (k)  A written notice to the parent that failure of the

30  parent to substantially comply with the case plan may result

31  in the termination of parental rights, and that a material


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  1  failure to substantially comply may result in the filing of a

  2  petition for termination of parental rights sooner than the

  3  compliance periods set forth in the case plan itself. The case

  4  staffing committee shall coordinate its efforts with the child

  5  protection team of the Department of Health.

  6         (l)  In the case of a child for whom the permanency

  7  plan is adoption or placement in another permanent home,

  8  documentation of the steps the agency is taking to find an

  9  adoptive family or other permanent living arrangement for the

10  child, to place the child with an adoptive family, with a fit

11  and willing relative, with a legal custodian guardian, or in

12  another planned permanent living arrangement, and to finalize

13  the adoption, or legal guardianship, or long-term custodial

14  relationship. At a minimum, such documentation shall include

15  child-specific recruitment efforts such as the use of state,

16  regional, and national adoption exchanges, including

17  electronic exchange systems.

18         (4)  In the event that the parents, legal custodians,

19  or caregivers are unwilling or unable to participate in the

20  development of a case plan, the department shall document that

21  unwillingness or inability to participate. Such documentation

22  must be provided in writing to the parent, legal custodians,

23  or caregivers when available for the court record, and then

24  the department shall prepare a case plan conforming as nearly

25  as possible with the requirements set forth in this section.

26  The unwillingness or inability of the parents, legal

27  custodians, or caregivers to participate in the development of

28  a case plan shall not in itself bar the filing of a petition

29  for dependency or for termination of parental rights. The

30  parents, legal custodians, or caregivers, if available, must

31  be provided a copy of the case plan and be advised that they


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  1  may, at any time prior to the filing of a petition for

  2  termination of parental rights, enter into a case plan and

  3  that they may request judicial review of any provision of the

  4  case plan with which they disagree at any court review hearing

  5  set for the child.

  6         (5)  The services delineated in the case plan must be

  7  designed either to improve the conditions in the family home

  8  and aid in maintaining the child in the home, to facilitate

  9  the safe return of the child to the family home, or to

10  facilitate the permanent placement of the child. The service

11  intervention must be the least intrusive possible into the

12  life of the parent and child family, must focus on clearly

13  defined objectives, and must provide the most efficient path

14  to quick reunification or permanent placement, with the

15  child's health and safety being paramount. To the extent

16  possible, the service intervention must be grounded in outcome

17  evaluation results that demonstrate success in the

18  reunification or permanent placement process. In designing

19  service interventions, generally recognized standards of the

20  professions involved in the process must be taken into

21  consideration.

22         (6)  After jurisdiction attaches, all case plans must

23  be filed with the court and a copy provided to all the

24  parents, caregivers, or legal custodians of the child, to the

25  representative of the guardian ad litem program if the program

26  has been appointed, and to all other parties whose whereabouts

27  are known, not less than 72 hours before the disposition

28  hearing. All such case plans must be approved by the court.

29  The department shall also file with the court all case plans

30  prepared before jurisdiction of the court attached. If, after

31  review of the case plan, the court does not approve accept the


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  1  case plan, the court shall require the parties to make

  2  necessary modifications to the plan. An amended plan must be

  3  submitted to the court for review and approval within 30 days

  4  after the hearing on the case plan. This amended plan must be

  5  served on all parties whose whereabouts are known, at least 72

  6  hours prior to filing with the court.

  7         (7)  The case plan must be limited to as short a period

  8  as possible for the accomplishment of its provisions. Unless

  9  extended, the plan expires no later than 12 months after the

10  date the child was initially removed from the home or the date

11  the case plan was accepted by the court, whichever comes

12  first.

13         (8)  The case plan must meet applicable federal and

14  state requirements.

15         (9)(a)  In each case in which the custody of a child

16  has been vested, either voluntarily or involuntarily, in the

17  department and the child has been placed in out-of-home care,

18  a case plan must be prepared within 60 days after the

19  department removes the child from the home, and shall be

20  submitted to the court before the disposition hearing, for the

21  court to review and approve accept. If the preparation of a

22  case plan, in conference with the parents and other pertinent

23  parties, cannot be completed before the disposition hearing,

24  for good cause shown, the court may grant an extension not to

25  exceed 30 days and set a hearing to review and approve accept

26  the case plan.

27         (b)  The parent or parents, legal custodians, or

28  caregivers may receive assistance from any person or social

29  service agency in the preparation of the case plan.

30         (c)  The social service agency, the department, and the

31  court, when applicable, shall inform the parent or parents,


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  1  legal custodians, or caregivers of the right to receive such

  2  assistance, including the right to assistance of counsel.

  3         (d)  Before the signing of the case plan, the

  4  authorized agent of the department shall explain it to all

  5  persons involved in its implementation, including, when

  6  appropriate, the child.

  7         (e)  After the case plan has been agreed upon and

  8  signed by the parties involved, a copy of the plan must be

  9  given immediately to the parents, the department or agency,

10  the foster parents or caregivers, the legal custodian, the

11  caregiver, the representative of the guardian ad litem program

12  if the program is appointed, and any other parties identified

13  by the court, including the child, if appropriate.

14         (f)  The case plan may be amended at any time if all

15  parties are in agreement regarding the revisions to the plan

16  and the plan is submitted to the court with a memorandum of

17  explanation, if the court approves such amendment. The case

18  plan may also be amended by the court or upon motion of any

19  party at a hearing, based on competent evidence demonstrating

20  the need for the amendment. A copy of the amended plan must be

21  immediately given to the persons parties specified in

22  paragraph (e).

23         (10)  A case plan must be prepared, but need not be

24  submitted to the court, for a child who will be in care no

25  longer than 30 days unless that child is placed in out-of-home

26  care a second time within a 12-month period.

27         Section 36.  Subsection (1) and paragraph (a) of

28  subsection (4) of section 39.602, Florida Statutes, 1998

29  Supplement, are amended to read:

30

31


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  1         39.602  Case planning when parents, legal custodians,

  2  or caregivers do not participate and the child is in

  3  out-of-home care.--

  4         (1)  In the event the parents, legal custodians, or

  5  caregivers will not or cannot participate in preparation of a

  6  case plan, the department shall submit a full explanation of

  7  the circumstances and state the nature of its efforts to

  8  secure such persons' participation in the preparation of a

  9  case plan.

10         (4)(a)  At least 72 hours prior to the hearing in which

11  the court will consider approval of the case plan filing of a

12  plan, all parties must be provided with a copy of the plan

13  developed by the department.  If the location of one or both

14  parents is unknown, this must be documented in writing and

15  included in the plan submitted to the court.  After the filing

16  of the plan, if the location of an absent parent becomes

17  known, that parent must be served with a copy of the plan.

18         Section 37.  Subsections (2) and (3) of section 39.603,

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

20         39.603  Court approvals of case planning.--

21         (2)  When the court determines that any of the elements

22  considered at the hearing related to the plan have not been

23  met, the court shall require the parties to make necessary

24  amendments to the plan. The amended plan must be submitted to

25  the court for review and approval within 30 days after the

26  hearing a time certain specified by the court. A copy of the

27  amended plan must also be provided to each party parent, if

28  the location of the party parent is known, at least 72 hours

29  prior to filing with the court.

30         (3)  A parent who has not participated in the

31  development of a case plan must be served with a copy of the


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  1  plan developed by the department, if the parent can be

  2  located, at least 72 48 hours prior to the court hearing. Any

  3  parent is entitled to, and may seek, a court review of the

  4  plan prior to the initial judicial review and must be informed

  5  of this right by the department at the time the department

  6  serves the parent with a copy of the plan.  If the location of

  7  an absent parent becomes known to the department, the

  8  department shall inform the parent of the right to a court

  9  review at the time the department serves the parent with a

10  copy of the case plan.

11         Section 38.  Section 39.701, Florida Statutes, 1998

12  Supplement, is amended to read:

13         39.701  Judicial review.--

14         (1)(a)  The court shall have continuing jurisdiction in

15  accordance with this section and shall review the status of

16  the child at least every 6 months as required by this

17  subsection or more frequently if the court deems it necessary

18  or desirable.

19         (b)  The court shall retain jurisdiction over a child

20  returned to his or her its parents, caregivers, or legal

21  guardians for a minimum period of 6 months following the

22  reunification, but, at that time, based on a report of the

23  social service agency and the guardian ad litem, if one has

24  been appointed, and any other relevant factors, the court

25  shall make a determination as to whether supervision by the

26  department and the court's its jurisdiction shall continue or

27  be terminated.

28         (2)(a)  The court shall review the status of the child

29  and shall hold a hearing as provided in this part at least

30  every 6 months until the child reaches permanency status. The

31  court may dispense with the attendance of the child at the


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  1  hearing, but may not dispense with the hearing or the presence

  2  of other parties to the review unless before the review a

  3  hearing is held before a citizen review panel.

  4         (b)  Citizen review panels may conduct hearings to

  5  review the status of a child. The court shall select the cases

  6  appropriate for referral to the citizen review panels and may

  7  order the attendance of the parties at the review panel

  8  hearings. However, any party may object to the referral of a

  9  case to a citizen review panel. Whenever such an objection has

10  been filed with the court, the court shall review the

11  substance of the objection and may conduct the review itself

12  or refer the review to a citizen review panel. All parties

13  retain the right to take exception to the findings or

14  recommended orders of a citizen review panel in accordance

15  with Rule 1.490(h), Florida Rules of Civil Procedure.

16         (c)  Notice of a hearing by a citizen review panel must

17  be provided as set forth in subsection (5). At the conclusion

18  of a citizen review panel hearing, each party may propose a

19  recommended order to the chairperson of the panel. Thereafter,

20  the citizen review panel shall submit its report, copies of

21  the proposed recommended orders, and a copy of the panel's

22  recommended order to the court. The citizen review panel's

23  recommended order must be limited to the dispositional options

24  available to the court in subsection (8). Each party may file

25  exceptions to the report and recommended order of the citizen

26  review panel in accordance with Rule 1.490, Florida Rules of

27  Civil Procedure.

28         (3)(a)  The initial judicial review hearing must be

29  held no later than 90 days after the date of the disposition

30  hearing or after the date of the hearing at which the court

31  approves the case plan, whichever comes first, but in no event


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  1  shall the review be held later than 6 months after the date

  2  the child was removed from the home. Citizen review panels

  3  shall not conduct more than two consecutive reviews without

  4  the child and the parties coming before the court for a

  5  judicial review.

  6         (b)  If the citizen review panel recommends extending

  7  court extends any case plan beyond 12 months, the court must

  8  schedule a judicial review hearing to be conducted by the

  9  court within 30 days after receiving the recommendation from

10  the citizen review panel judicial reviews must be held at

11  least every 6 months.

12         (c)  If the child is placed in the custody of the

13  department or a licensed child-placing agency for the purpose

14  of adoptive placement, judicial reviews must be held at least

15  every 6 months until the adoption is finalized adoptive

16  placement, to determine the appropriateness of the current

17  placement and the progress made toward adoptive placement.

18         (d)  If the department and the court have established a

19  formal agreement that includes specific authorization for

20  particular cases, the department may conduct administrative

21  reviews instead of the judicial reviews for children in

22  out-of-home care. Notices of such administrative reviews must

23  be provided to all parties. However, an administrative review

24  may not be substituted for the first judicial review, and in

25  every case the court must conduct a judicial review at least

26  every 6 months. Any party dissatisfied with the results of an

27  administrative review may petition for a judicial review.

28         (e)  The clerk of the circuit court shall schedule

29  judicial review hearings in order to comply with the mandated

30  times cited in this section.

31


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  1         (f)  In each case in which a child has been voluntarily

  2  placed with the licensed child-placing agency, the agency

  3  shall notify the clerk of the court in the circuit where the

  4  child resides of such placement within 5 working days.

  5  Notification of the court is not required for any child who

  6  will be in out-of-home care no longer than 30 days unless that

  7  child is placed in out-of-home care a second time within a

  8  12-month period. If the child is returned to the custody of

  9  the parents, caregiver, or legal custodian before the

10  scheduled review hearing or if the child is placed for

11  adoption, the child-placing agency shall notify the court of

12  the child's return or placement within 5 working days, and the

13  clerk of the court shall cancel the review hearing.

14         (4)  The court shall schedule the date, time, and

15  location of the next judicial review during the judicial

16  review hearing and shall list same in the judicial review

17  order.

18         (5)  Notice of a judicial review hearing or a citizen

19  review panel hearing, and a copy of the motion for judicial

20  review, if any including a statement of the dispositional

21  alternatives available to the court, must be served by the

22  clerk of the court upon:

23         (a)  The social service agency charged with the

24  supervision of care, custody, or guardianship of the child, if

25  that agency is not the movant.

26         (b)  The foster parent or legal custodian parents or

27  caregivers in whose home the child resides.

28         (c)  The parents parent, caregiver, or legal custodian

29  from whom the care and custody of the child have been

30  transferred.

31


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  1         (d)  The guardian ad litem for the child, or the

  2  representative of the guardian ad litem program if the program

  3  has been appointed.

  4         (e)  Any preadoptive parent.

  5         (f)  Such other persons as the court may in its

  6  discretion direct.

  7

  8  Service of notice is not required on any of the persons listed

  9  in paragraphs (a)-(f) if the person was present at the

10  previous hearing during which the date, time, and location of

11  the hearing was announced.

12         (6)(a)  Prior to every judicial review hearing or

13  citizen review panel hearing, the social service agency shall

14  make an investigation and social study concerning all

15  pertinent details relating to the child and shall furnish to

16  the court or citizen review panel a written report that

17  includes, but is not limited to:

18         1.  A description of the type of placement the child is

19  in at the time of the hearing, including the safety of the

20  child and the continuing necessity for and appropriateness of

21  the placement.

22         2.  Documentation of the diligent efforts made by all

23  parties to the case plan to comply with each applicable

24  provision of the plan.

25         3.  The amount of fees assessed and collected during

26  the period of time being reported.

27         4.  The services provided to the foster family or legal

28  custodian caregivers in an effort to address the needs of the

29  child as indicated in the case plan.

30         5.  A statement that either:

31


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  1         a.  The parent or legal custodian, though able to do

  2  so, did not comply substantially with the provisions of the

  3  case plan, and the agency recommendations; or

  4         b.  A statement that The parent or legal custodian did

  5  substantially comply with the such provisions of the case

  6  plan; or

  7         c.  The parent has partially complied with the

  8  provisions of the case plan, with a summary of additional

  9  progress needed and the agency recommendations.

10         6.  A statement from the foster parent or legal

11  custodian parents or caregivers providing any material

12  evidence concerning the return of the child to the parent or

13  parents or legal custodians.

14         7.  A statement concerning the frequency, duration, and

15  results of the parent-child visitation, if any, and the agency

16  recommendations for an expansion or restriction of future

17  visitation.

18         8.  The number of times a child has been removed from

19  his or her home and placed elsewhere, the number and types of

20  placements that have occurred, and the reason for the changes

21  in placement.

22         9.  The number of times a child's educational placement

23  has been changed, the number and types of educational

24  placements which have occurred, and the reason for any change

25  in placement.

26         10.  Copies of all medical, psychological, and

27  educational records that support the terms of the case plan

28  and that have been produced concerning the child, parents, or

29  any caregiver since the last judicial review hearing.

30         (b)  A copy of the social service agency's written

31  report and the written report of the guardian ad litem must be


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  1  provided to the attorney of record of the parent, parents, or

  2  legal custodians; to the parent, parents, or legal custodians;

  3  to the foster parents or legal custodians caregivers; to each

  4  citizen review panel; and to the guardian ad litem for the

  5  child, or the representative of the guardian ad litem program

  6  if the program has been appointed by the court, at least 72 48

  7  hours before the judicial review hearing, or citizen review

  8  panel hearing. The requirement for providing parents or legal

  9  custodians with a copy of the written report does not apply to

10  those parents or legal custodians who have voluntarily

11  surrendered their child for adoption or who have had their

12  parental rights to the child terminated.

13         (c)  In a case in which the child has been permanently

14  placed with the social service agency, the agency shall

15  furnish to the court a written report concerning the progress

16  being made to place the child for adoption. If the child

17  cannot be placed for adoption, a report on the progress made

18  by the child towards in alternative permanency goals or

19  placements, including, but not limited to, long-term foster

20  care, independent living, custody to a relative or other adult

21  caregiver approved by the court on a permanent basis with or

22  without legal guardianship, or custody to a foster parent or

23  legal custodian caregiver on a permanent basis with or without

24  legal guardianship, must be submitted to the court. The report

25  must be submitted to the court at least 72 48 hours before

26  each scheduled judicial review.

27         (d)  In addition to or in lieu of any written statement

28  provided to the court, the foster parent or legal custodian

29  caregivers, or any preadoptive parent, shall be given the

30  opportunity to address the court with any information relevant

31


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  1  to the best interests of the child at any judicial review

  2  hearing.

  3         (7)  The court and any citizen review panel shall take

  4  into consideration the information contained in the social

  5  services study and investigation and all medical,

  6  psychological, and educational records that support the terms

  7  of the case plan; testimony by the social services agency, the

  8  parent or legal custodian, the foster parent or legal

  9  custodian caregivers, the guardian ad litem if one has been

10  appointed for the child, and any other person deemed

11  appropriate; and any relevant and material evidence submitted

12  to the court, including written and oral reports to the extent

13  of their probative value. These reports and evidence may be

14  received by the court in its effort to determine the action to

15  be taken with regard to the child and may be relied upon to

16  the extent of its probative value, even though not competent

17  in an adjudicatory hearing. In its deliberations, the court

18  and any citizen review panel shall seek to determine:

19         (a)  If the parent or legal custodian was advised of

20  the right to receive assistance from any person or social

21  service agency in the preparation of the case plan.

22         (b)  If the parent or legal custodian has been advised

23  of the right to have counsel present at the judicial review or

24  citizen review hearings. If not so advised, the court or

25  citizen review panel shall advise the parent or legal

26  custodian of such right.

27         (c)  If a guardian ad litem needs to be appointed for

28  the child in a case in which a guardian ad litem has not

29  previously been appointed or if there is a need to continue a

30  guardian ad litem in a case in which a guardian ad litem has

31  been appointed.


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  1         (d)  The compliance or lack of compliance of all

  2  parties with applicable items of the case plan, including the

  3  parents' compliance with child support orders.

  4         (e)  The compliance or lack of compliance with a

  5  visitation contract between the parent, caregiver, or legal

  6  custodian and the social service agency for contact with the

  7  child, including the frequency, duration, and results of the

  8  parent-child visitation and the reason for any noncompliance.

  9         (f)  The compliance or lack of compliance of the

10  parent, caregiver, or legal custodian in meeting specified

11  financial obligations pertaining to the care of the child,

12  including the reason for failure to comply if such is the

13  case.

14         (g)  The appropriateness of the child's current

15  placement, including whether the child is in a setting which

16  is as family-like and as close to the parent's home as

17  possible, consistent with the child's best interests and

18  special needs, and including maintaining stability in the

19  child's educational placement.

20         (h)  A projected date likely for the child's return

21  home or other permanent placement.

22         (i)  When appropriate, the basis for the unwillingness

23  or inability of the parent, caregiver, or legal custodian to

24  become a party to a case plan. The court and the citizen

25  review panel shall determine if the efforts of the social

26  service agency to secure party participation in a case plan

27  were sufficient.

28         (8)(a)  Based upon the criteria set forth in subsection

29  (7) and the recommended order of the citizen review panel, if

30  any, the court shall determine whether or not the social

31  service agency shall initiate proceedings to have a child


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  1  declared a dependent child, return the child to the parent,

  2  legal custodian, or caregiver, continue the child in

  3  out-of-home care for a specified period of time, or initiate

  4  termination of parental rights proceedings for subsequent

  5  placement in an adoptive home. Modifications to the plan must

  6  be handled as prescribed in s. 39.601. If the court finds that

  7  the prevention or reunification efforts of the department will

  8  allow the child to remain safely at home or be safely returned

  9  to the home, the court shall allow the child to remain in or

10  return to the home after making a specific finding of fact

11  that the reasons for the creation of the case plan removal

12  have been remedied to the extent that the child's safety,

13  well-being, and physical, mental, and emotional health will

14  not be endangered.

15         (b)  The court shall return the child to the custody of

16  the parents, legal custodians, or caregivers at any time it

17  determines that they have substantially complied with the case

18  plan, if the court is satisfied that reunification will not be

19  detrimental to the child's safety, well-being, and physical,

20  mental, and emotional health.

21         (c)  If, in the opinion of the court, the social

22  service agency has not complied with its obligations as

23  specified in the written case plan, the court may find the

24  social service agency in contempt, shall order the social

25  service agency to submit its plans for compliance with the

26  agreement, and shall require the social service agency to show

27  why the child could not safely be returned to the home of the

28  parents, legal custodians, or caregivers.

29         (d)  The court may extend the time limitation of the

30  case plan, or may modify the terms of the plan, based upon

31  information provided by the social service agency, and the


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  1  guardian ad litem, if one has been appointed, the parent or

  2  parents, and the foster parents or legal custodian, and any

  3  other competent information on record demonstrating the need

  4  for the amendment. If the court extends the time limitation of

  5  the case plan, the court must make specific findings

  6  concerning the frequency of past parent-child visitation, if

  7  any, and the court may authorize the expansion or restriction

  8  of future visitation. Modifications to the plan must be

  9  handled as prescribed in s. 39.601. Any extension of a case

10  plan must comply with the time requirements and other

11  requirements specified by this chapter.

12         (e)  If, at any judicial review, the court finds that

13  the parents have failed to substantially comply with the case

14  plan to the degree that further reunification efforts are

15  without merit and not in the best interest of the child, it

16  may authorize the filing of a petition for termination of

17  parental rights, whether or not the time period as contained

18  in the case plan for substantial compliance has elapsed.

19         (f)  No later than 12 months after the date that the

20  child was placed in shelter care, the court shall conduct a

21  judicial review to plan for the child's permanency. At this

22  hearing, if the child is not returned to the physical custody

23  of the parents, caregivers, or legal custodians, the case plan

24  may be extended with the same goals only if the court finds

25  that the situation of the child is so extraordinary that the

26  plan should be extended. The case plan must document steps the

27  department is taking to find an adoptive parent or other

28  permanent living arrangement for the child.

29         (g)  The court may issue a protective order in

30  assistance, or as a condition, of any other order made under

31  this part. In addition to the requirements included in the


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  1  case plan, the protective order may set forth requirements

  2  relating to reasonable conditions of behavior to be observed

  3  for a specified period of time by a person or agency who is

  4  before the court; and such order may require any such person

  5  or agency to make periodic reports to the court containing

  6  such information as the court in its discretion may prescribe.

  7         Section 39.  Paragraphs (g) and (h) of subsection (5)

  8  of section 39.702, Florida Statutes, 1998 Supplement, are

  9  amended to read:

10         39.702  Citizen review panels.--

11         (5)  The independent not-for-profit agency authorized

12  to administer each citizen review panel shall:

13         (g)  Establish policies to ensure adequate

14  communication with the parent, caregiver, or legal custodian,

15  the foster parent or legal custodian caregiver, the guardian

16  ad litem, and any other person deemed appropriate.

17         (h)  Establish procedures that encourage attendance and

18  participation of interested persons and parties, including the

19  biological parents, foster parents, or legal custodian

20  caregivers, or a relative or nonrelative with whom the child

21  is placed, at citizen review hearings.

22         Section 40.  Subsection (2) of section 39.703, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         39.703  Initiation of termination of parental rights

25  proceedings.--

26         (2)  If, at the time of the 12-month judicial review

27  hearing, a child is not returned to the physical custody of

28  the parents, caregivers, or legal custodians, the social

29  service agency shall initiate termination of parental rights

30  proceedings under this chapter within 30 days. Only if the

31  court finds that the situation of the child is so


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  1  extraordinary and that the best interests of the child will be

  2  met by such action at the time of the judicial review may the

  3  case plan be extended. If the court decides to extend the

  4  plan, the court shall enter detailed findings justifying the

  5  decision to extend, as well as the length of the extension. A

  6  termination of parental rights petition need not be filed if:

  7  the child is being cared for by a relative who chooses not to

  8  adopt the child but who is willing, able, and suitable to

  9  serve as the legal custodian for the child until the child

10  reaches 18 years of age; the court determines that filing such

11  a petition would not be in the best interests of the child; or

12  the state has not provided the child's parent family, when

13  reasonable efforts to return a child are required, consistent

14  with the time period in the state's case plan, such services

15  as the state deems necessary for the safe return of the child

16  to his or her home. Failure to initiate termination of

17  parental rights proceedings at the time of the 12-month

18  judicial review or within 30 days after such review does not

19  prohibit initiating termination of parental rights proceedings

20  at any other time.

21         Section 41.  Section 39.704, Florida Statutes, 1998

22  Supplement, is amended to read:

23         39.704  Exemptions from judicial review.--Judicial

24  review does not apply to:

25         (1)  Minors who have been placed in adoptive homes by

26  the department or by a licensed child-placing agency; or

27         (2)  Minors who are refugees or entrants to whom

28  federal regulations apply and who are in the care of a social

29  service agency.

30

31


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  1         Section 42.  Paragraphs (a), (b), and (d) of subsection

  2  (3) and subsection (6) of section 39.801, Florida Statutes,

  3  1998 Supplement, are amended to read:

  4         39.801  Procedures and jurisdiction; notice; service of

  5  process.--

  6         (3)  Before the court may terminate parental rights, in

  7  addition to the other requirements set forth in this part, the

  8  following requirements must be met:

  9         (a)  Notice of the date, time, and place of the

10  advisory hearing for the petition to terminate parental rights

11  and a copy of the petition must be personally served upon the

12  following persons, specifically notifying them that a petition

13  has been filed:

14         1.  The parents of the child.

15         2.  The caregivers or legal custodians of the child.

16         3.  If the parents who would be entitled to notice are

17  dead or unknown, a living relative of the child, unless upon

18  diligent search and inquiry no such relative can be found.

19         4.  Any person who has physical custody of the child.

20         5.  Any grandparent entitled to priority for adoption

21  under s. 63.0425.

22         6.  Any prospective parent who has been identified

23  under s. 39.503 or s. 39.803.

24         7.  The guardian ad litem for the child or the

25  representative of the guardian ad litem program, if the

26  program has been appointed.

27

28  The document containing the notice to respond or appear must

29  contain, in type at least as large as the type in the balance

30  of the document, the following or substantially similar

31  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY


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  1  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

  2  RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON

  3  THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS

  4  A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION

  5  ATTACHED TO THIS NOTICE."

  6         (b)  If a party person required to be served with

  7  notice as prescribed in paragraph (a) cannot be served, notice

  8  of hearings must be given as prescribed by the rules of civil

  9  procedure, and service of process must be made as specified by

10  law or civil actions.

11         (d)  If the person served with notice under this

12  section fails to personally appear at the advisory hearing,

13  the failure to personally appear shall constitute consent for

14  termination of parental rights by the person given notice. If

15  a parent appears for the advisory hearing and the court orders

16  that parent to personally appear at the adjudicatory hearing

17  for the petition for termination of parental rights, stating

18  the date, time, and location of said hearing, then failure of

19  that parent to personally appear at the adjudicatory hearing

20  shall constitute consent for termination of parental rights.

21         (6)  Subpoenas may be served within the state by any

22  person over 18 years of age who is not a party to the

23  proceeding and, in addition, may be served or executed by

24  authorized agents of the department or of the guardian ad

25  litem.

26         Section 43.  Subsection (1), paragraph (b) of

27  subsection (4), and subsection (8), of section 39.802, Florida

28  Statutes, 1998 Supplement, are amended to read:

29         39.802  Petition for termination of parental rights;

30  filing; elements.--

31


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  1         (1)  All proceedings seeking an adjudication to

  2  terminate parental rights pursuant to this chapter must be

  3  initiated by the filing of an original petition by the

  4  department, the guardian ad litem, or a licensed child-placing

  5  agency, or by any other person who has knowledge of the facts

  6  alleged or is informed of them and believes that they are

  7  true.

  8         (4)  A petition for termination of parental rights

  9  filed under this chapter must contain facts supporting the

10  following allegations:

11         (b)  That the parents of the child were informed of

12  their right to counsel at all hearings that they attended

13  attend and that a dispositional order adjudicating the child

14  dependent was entered in any prior dependency proceeding

15  relied upon in offering a parent a case plan as described in

16  s. 39.806.

17         (8)  If Whenever the department has entered into a case

18  plan with a parent with the goal of reunification, and a

19  petition for termination of parental rights based on the same

20  facts as are covered in the case plan is filed prior to the

21  time agreed upon in the case plan for the performance of the

22  case plan, then the petitioner must allege and prove by clear

23  and convincing evidence that the parent has materially

24  breached the provisions of the case plan.

25         Section 44.  Section 39.805, Florida Statutes, 1998

26  Supplement, is amended to read:

27         39.805  No answer required.--No answer to the petition

28  or any other pleading need be filed by any child or, parent,

29  caregiver, or legal custodian, but any matters which might be

30  set forth in an answer or other pleading may be pleaded orally

31  before the court or filed in writing as any such person may


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  1  choose. Notwithstanding the filing of any answer or any

  2  pleading, the child or parent shall, prior to the adjudicatory

  3  hearing, be advised by the court of the right to counsel and

  4  shall be given an opportunity to deny the allegations in the

  5  petition for termination of parental rights or to enter a plea

  6  to allegations in the petition before the court.

  7         Section 45.  Paragraphs (b), (d), (e), and (h) of

  8  subsection (1) of section 39.806, Florida Statutes, 1998

  9  Supplement, are amended to read:

10         39.806  Grounds for termination of parental rights.--

11         (1)  The department, the guardian ad litem, a licensed

12  child-placing agency, or any person who has knowledge of the

13  facts alleged or who is informed of said facts and believes

14  that they are true, may petition for the termination of

15  parental rights under any of the following circumstances:

16         (b)  When the identity or location of the parent or

17  parents is unknown and cannot be ascertained by diligent

18  search within 60 90 days.

19         (d)  When the parent of a child is incarcerated in a

20  state or federal correctional institution and either:

21         1.  The period of time for which the parent is expected

22  to be incarcerated will constitute a substantial portion of

23  the period of time before the child will attain the age of 18

24  years;

25         2.  The incarcerated parent has been determined by the

26  court to be a violent career criminal as defined in s.

27  775.084, a habitual violent felony offender as defined in s.

28  775.084, or a sexual predator as defined in s. 775.21; has

29  been convicted of first degree or second degree murder in

30  violation of s. 782.04 or a sexual battery that constitutes a

31  capital, life, or first degree felony violation of s. 794.011;


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  1  or has been convicted of an offense in another jurisdiction

  2  which is substantially similar to one of the offenses listed

  3  in this paragraph.  As used in this section, the term

  4  "substantially similar offense" means any offense that is

  5  substantially similar in elements and penalties to one of

  6  those listed in this paragraph, and that is in violation of a

  7  law of any other jurisdiction, whether that of another state,

  8  the District of Columbia, the United States or any possession

  9  or territory thereof, or any foreign jurisdiction; or and

10         3.  The court determines by clear and convincing

11  evidence that continuing the parental relationship with the

12  incarcerated parent would be harmful to the child and, for

13  this reason, that termination of the parental rights of the

14  incarcerated parent is in the best interest of the child.

15         (e)  A petition for termination of parental rights may

16  also be filed when a child has been adjudicated dependent, a

17  case plan has been filed with the court, and the child

18  continues to be abused, neglected, or abandoned by the

19  parents. In this case, the failure of the parents to

20  substantially comply for a period of 12 months after an

21  adjudication of the child as a dependent child or the child's

22  placement into shelter care, whichever came first, constitutes

23  evidence of continuing abuse, neglect, or abandonment unless

24  the failure to substantially comply with the case plan was due

25  either to the lack of financial resources of the parents or to

26  the failure of the department to make reasonable efforts to

27  reunify the parent and child family. Such 12-month period may

28  begin to run only after the child's placement into shelter

29  care or the entry of a disposition order placing the custody

30  of the child with the department or a person other than the

31


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  1  parent and the approval by the court of a case plan with a

  2  goal of reunification with the parent, whichever came first.

  3         (h)  When the parent or parents have committed murder

  4  or voluntary manslaughter of another child of the parent, or a

  5  felony assault that results in serious bodily injury to the

  6  child or another child of the parent, or aided or abetted,

  7  attempted, conspired, or solicited to commit such a murder or

  8  voluntary manslaughter or felony assault.

  9         Section 46.  Paragraphs (a) and (d) of subsection (1)

10  and paragraph (b) of subsection (2) of section 39.807, Florida

11  Statutes, 1998 Supplement, are amended to read:

12         39.807  Right to counsel; guardian ad litem.--

13         (1)(a)  At each stage of the proceeding under this

14  part, the court shall advise the parent of the right to have

15  counsel present. The court shall appoint counsel for indigent

16  parents persons. The court shall ascertain whether the right

17  to counsel is understood and, where appropriate, is knowingly

18  and intelligently waived. The court shall enter its findings

19  in writing with respect to the appointment or waiver of

20  counsel for indigent parents parties.

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

22  has voluntarily executed a written surrender of the child and

23  consent to the entry of a court order therefor and who does

24  not deny the allegations of the petition.

25         (2)

26         (b)  The guardian ad litem has the following

27  responsibilities:

28         1.  To investigate the allegations of the petition and

29  any subsequent matters arising in the case and, unless excused

30  by the court, to file a written report. This report must

31  include a statement of the wishes of the child and the


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  1  recommendations of the guardian ad litem and must be provided

  2  to all parties and the court at least 72 48 hours before the

  3  disposition hearing.

  4         2.  To be present at all court hearings unless excused

  5  by the court.

  6         3.  To represent the interests of the child until the

  7  jurisdiction of the court over the child terminates or until

  8  excused by the court.

  9         Section 47.  Subsections (4) and (5) of section 39.808,

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

11         39.808  Advisory hearing; pretrial status conference.--

12         (4)  An advisory hearing is not required may not be

13  held if a petition is filed seeking an adjudication for

14  termination of voluntarily to terminate parental rights based

15  on a voluntary surrender of parental rights. Adjudicatory

16  hearings for petitions for voluntary termination must be held

17  within 21 days after the filing of the petition. Notice of the

18  use of this subsection must be filed with the court at the

19  same time as the filing of the petition to terminate parental

20  rights.

21         (5)  Not less than 10 days before the adjudicatory

22  hearing on a petition for involuntary termination of parental

23  rights, the court shall conduct a pretrial prehearing status

24  conference to determine the order in which each party may

25  present witnesses or evidence, the order in which

26  cross-examination and argument shall occur, and any other

27  matters that may aid in the conduct of the adjudicatory

28  hearing to prevent any undue delay in the conduct of the

29  adjudicatory hearing.

30

31


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  1         Section 48.  Subsections (2), (4), (7), and (8), and

  2  paragraph (e) of subsection (6) of section 39.811, Florida

  3  Statutes, 1998 Supplement, are amended to read:

  4         39.811  Powers of disposition; order of disposition.--

  5         (2)  If the child is in the out-of-home care custody of

  6  the department and the court finds that the grounds for

  7  termination of parental rights have been established by clear

  8  and convincing evidence, the court shall, by order, place the

  9  child in the custody of the department or for the purpose of

10  adoption or place the child in the custody of a licensed

11  child-placing agency for the purpose of adoption.

12         (4)  If the child is neither in the custody of the

13  department nor in the custody of a parent and the court finds

14  that the grounds for termination of parental rights have been

15  established for either or both parents, the court shall enter

16  an order terminating parental rights for the parent or parents

17  for whom the grounds for termination have been established and

18  placing the child with the department or an appropriate legal

19  custodian. If the parental rights of both parents have been

20  terminated, or if the parental rights of only one parent have

21  been terminated and the court makes specific findings based on

22  evidence presented that placement with the remaining parent is

23  likely to be harmful to the child, the court may order that

24  the child be placed with a legal custodian other than the

25  department after hearing evidence of the suitability of such

26  intended placement.  Suitability of the intended placement

27  includes the fitness and capabilities of the proposed legal

28  custodian to function as the primary caregiver for a

29  particular child; and the compatibility of the child with the

30  home in which the child is intended to be placed.  If the

31  court orders that a child be placed with a legal custodian


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  1  under this subsection, the court shall appoint such legal

  2  custodian as the guardian for the child as provided in s.

  3  744.3021.  The court may modify the order placing the child in

  4  the custody of the legal custodian and revoke the guardianship

  5  established under s. 744.3021 if the court subsequently finds

  6  that a party to the proceeding other than a parent whose

  7  rights have been terminated has shown a material change in

  8  circumstances which causes the placement to be no longer in

  9  the best interest of the child.

10         (6)  The parental rights of one parent may be severed

11  without severing the parental rights of the other parent only

12  under the following circumstances:

13         (e)  If the parent whose rights are being terminated

14  meets any of the criteria specified in s. 39.806(1)(d) and

15  (f)-(i).

16         (7)(a)  The termination of parental rights does not

17  affect the rights of grandparents unless the court finds that

18  continued visitation is not in the best interests of the child

19  or that such visitation would interfere with the permanency

20  goals of permanency planning for the child.

21         (b)  If the court terminates parental rights, it may,

22  as appropriate, order that the parents, siblings, or relatives

23  of the parent whose rights are terminated be allowed to

24  maintain some communication or contact with the child pending

25  adoption if the best interests of the child support this

26  continued communication or contact, except as provided in

27  paragraph (a). If the court orders such continued

28  communication or contact, which may include, but is not

29  limited to, visits, letters, and cards or telephone calls, the

30  nature and frequency of the communication or contact must be

31  set forth in written order and may be reviewed upon motion of


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  1  any party, or including, for purposes of this subsection, an

  2  identified prospective adoptive parent. If a child is placed

  3  for adoption, the nature and frequency of the communication or

  4  contact must be reviewed by the court at the time the child is

  5  placed for adoption adopted.

  6         (8)  If the court terminates parental rights, it shall,

  7  in its order of disposition, provide for a hearing, to be

  8  scheduled no later than 30 days after the date of disposition,

  9  in which the department or the licensed child-placing agency

10  shall provide to the court an amended case a plan which

11  identifies the for permanency goal for the child. Reasonable

12  efforts must be made to place the child in a timely manner in

13  accordance with the permanency plan and to complete whatever

14  steps are necessary to finalize the permanent placement of the

15  child. Thereafter, until the adoption of the child is

16  finalized or the child reaches the age of 18 years, whichever

17  occurs first, the court shall hold hearings at 6-month

18  intervals to review the progress being made toward permanency

19  for the child.

20         Section 49.  Subsection (1) and paragraph (a) of

21  subsection (6) of section 39.814, Florida Statutes, 1998

22  Supplement, are amended to read:

23         39.814  Oaths, records, and confidential information.--

24         (1)  The judge, clerks or deputy clerks, and or

25  authorized agents of the department shall each have the power

26  to administer oaths and affirmations.

27         (6)  No court record of proceedings under this part

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

29  proceeding, except that:

30         (a)  Orders terminating the rights of a parent are

31  admissible in evidence in subsequent adoption proceedings


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  1  relating to the child and in subsequent termination of

  2  parental rights proceedings concerning a sibling of the child.

  3         Section 50.  Subsection (3) of section 39.815, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         39.815  Appeal.--

  6         (3)  The taking of an appeal does not operate as a

  7  supersedeas in any case unless the court so orders. However, a

  8  termination of parental rights order with placement of the

  9  child with a licensed child-placing agency or the department

10  for subsequent adoption is suspended while the appeal is

11  pending, but the child shall continue in an out-of-home

12  placement custody under the order until the appeal is decided.

13         Section 51.  Subsection (3) of section 39.822, Florida

14  Statutes, 1998 Supplement, is amended to read:

15         39.822  Appointment of guardian ad litem for abused,

16  abandoned, or neglected child.--

17         (3)  The guardian ad litem or the program

18  representative shall review all disposition recommendations

19  and changes in placements, and must be present at all critical

20  stages of the dependency proceeding or submit a written report

21  of recommendations to the court. Written reports must be filed

22  with the court and served on all parties whose whereabouts are

23  known at least 72 hours prior to the hearing.

24         Section 52.  Subsection (1) of section 63.0427, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         63.0427  Adopted minor's right to continued

27  communication or contact with siblings.--

28         (1)  A child whose parents have had their parental

29  rights terminated and whose custody has been awarded to the

30  department pursuant to s. 39.811 39.469, and who is the

31  subject of a petition for adoption under this chapter, shall


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  1  have the right to have the court consider the appropriateness

  2  of postadoption communication or contact, including, but not

  3  limited to, visits, letters and cards, or telephone calls,

  4  with his or her siblings who are not included in the petition

  5  for adoption.  The court shall determine if the best interests

  6  of the child support such continued communication or contact

  7  and shall consider the following in making such determination:

  8         (a)  Any orders of the court pursuant to s. 39.811(7)

  9  39.469(7).

10         (b)  Recommendations of the department, the foster

11  parents if other than the adoptive parents, and the guardian

12  ad litem.

13         (c)  Statements of prospective adoptive parents.

14         (d)  Any other information deemed relevant and material

15  by the court.

16

17  If the court determines that the child's best interests will

18  be served by postadoption communication or contact with any

19  sibling, the court shall so order, stating the nature and

20  frequency for the communication or contact. This order shall

21  be made a part of the final adoption order, but in no event

22  shall continuing validity of the adoption be contingent upon

23  such postadoption communication or contact, nor shall the

24  ability of the adoptive parents and child to change residence

25  within or outside the State of Florida be impaired by such

26  communication or contact.

27         Section 53.  Paragraph (d) of subsection (1) of section

28  419.001, Florida Statutes, 1998 Supplement, is amended to

29  read:

30         419.001  Site selection of community residential

31  homes.--


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  1         (1)  For the purposes of this section, the following

  2  definitions shall apply:

  3         (d)  "Resident" means any of the following:  a frail

  4  elder as defined in s. 400.618; a physically disabled or

  5  handicapped person as defined in s. 760.22(7)(a); a

  6  developmentally disabled person as defined in s.

  7  393.063(12)(11); a nondangerous mentally ill person as defined

  8  in s. 394.455(18); or a child as defined in s. 39.01(14)(11),

  9  s. 984.03(9) or (12), or s. 985.03(8).

10         Section 54.  Paragraph (a) of subsection (2), paragraph

11  (a) of subsection (4), and paragraph (b) of subsection (9) of

12  section 784.046, Florida Statutes, are amended to read:

13         784.046  Action by victim of repeat violence for

14  protective injunction; powers and duties of court and clerk of

15  court; filing and form of petition; notice and hearing;

16  temporary injunction; issuance; statewide verification system;

17  enforcement.--

18         (2)  There is created a cause of action for an

19  injunction for protection in cases of repeat violence.

20         (a)  Any person who is the victim of repeat violence or

21  the parent or legal guardian of any minor child who is living

22  at home and who seeks an injunction for protection against

23  repeat violence on behalf of the minor child has standing in

24  the circuit court to file a sworn petition for an injunction

25  for protection against repeat violence.

26         (4)(a)  The sworn petition shall allege the incidents

27  of repeat violence and shall include the specific facts and

28  circumstances which form the basis upon which relief is

29  sought. With respect to a minor child who is living at home,

30  the parent or legal guardian of the minor child must have been

31  an eye-witness to, or have direct physical evidence or


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  1  affidavits from eye-witnesses of, the specific facts and

  2  circumstances which form the basis upon which relief is

  3  sought.

  4         (9)

  5         (b)  If the respondent is arrested by a law enforcement

  6  officer under s. 901.15(10)(8) for committing an act of repeat

  7  violence in violation of a repeat violence injunction for

  8  protection, the respondent shall be held in custody until

  9  brought before the court as expeditiously as possible for the

10  purpose of enforcing the injunction and for admittance to bail

11  in accordance with chapter 903 and the applicable rules of

12  criminal procedure, pending a hearing.

13         Section 55.  Section 409.26731, Florida Statutes, is

14  amended to read:

15         409.26731  Certification of local funds as state match

16  for federally funded services; federal waivers.--In order to

17  implement Specific Appropriations 330 and 334 through 352 of

18  the 1997-1998 General Appropriations Act, the Department of

19  Children and Family Services is authorized to certify local

20  funds not to exceed $5 million as state match for children's

21  mental health services funded by Medicaid in excess of the

22  amount of state general revenue matching funds appropriated

23  for such services through the 1997-1998 General Appropriations

24  Act. The department is also authorized to certify local funds

25  not to exceed $5 million as state match for eligible Title

26  IV-E expenditures services for children under the supervision

27  and custody of the state in excess of the amount of state

28  general revenue matching funds appropriated for such services

29  by the 1997-1998 General Appropriations Act in Specific

30  Appropriations 334 through 352. Federal Medicaid or Title IV-E

31  funds provided to the state as federal financial participation


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  1  consequent to certified local matching funds shall

  2  automatically be passed through to the local entity

  3  jurisdiction that provided the certified local match.

  4  Notwithstanding the provisions of s. 215.425, all such federal

  5  Title IV-E funds earned for the current fiscal year as a

  6  result of using certified local match, except for up to 5

  7  percent of such earnings that the department is authorized to

  8  retain for administrative purposes, shall be distributed as

  9  set forth in this section and this process shall not impact

10  the department's allocation to any district. All of the

11  provisions of this section are based upon federal approval of

12  the provisions as specifically limited in this section and

13  shall not become effective if any further modifications are

14  required of the state, unless and until federal approval has

15  been obtained. The department shall annually prepare a report

16  to be submitted to the Legislature no later than January 1

17  documenting the specific activities undertaken during the

18  previous fiscal year pursuant to this section. The Agency for

19  Health Care Administration is authorized to apply for federal

20  waivers to modify the state Medicaid plan to include optional

21  Medicaid in-home and therapeutic services for

22  Medicaid-eligible children if the state match for such

23  services is provided by local funds certified by the

24  department as state match. Such services shall be available

25  only in communities that provide the certified match.

26         Section 56.  Paragraph (b) in subsection (1) of s.

27  921.0024, Florida Statutes, 1998 Supplement, is amended to

28  read:

29         921.0024  Criminal Punishment Code; worksheet

30  computations; scoresheets.--

31         (1)


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  1                       (b)  WORKSHEET KEY:

  2

  3  Legal status points are assessed when any form of legal status

  4  existed at the time the offender committed an offense before

  5  the court for sentencing. Four (4) sentence points are

  6  assessed for an offender's legal status.

  7

  8  Community sanction violation points are assessed when a

  9  community sanction violation is before the court for

10  sentencing.  Six (6) sentence points are assessed for each

11  community sanction violation, and each successive community

12  sanction violation; however, if the community sanction

13  violation includes a new felony conviction before the

14  sentencing court, twelve (12) community sanction violation

15  points are assessed for such violation, and for each

16  successive community sanction violation involving a new felony

17  conviction. Multiple counts of community sanction violations

18  before the sentencing court shall not be a basis for

19  multiplying the assessment of community sanction violation

20  points.

21

22  Prior serious felony points: If the offender has a primary

23  offense or any additional offense ranked in level 8, level 9,

24  or level 10, and one or more prior serious felonies, a single

25  assessment of 30 points shall be added. For purposes of this

26  section, a prior serious felony is an offense in the

27  offender's prior record that is ranked in level 8, level 9, or

28  level 10 under s. 921.0022 or s. 921.0023 and for which the

29  offender is serving a sentence of confinement, supervision, or

30  other sanction or for which the offender's date of release

31  from confinement, supervision, or other sanction, whichever is


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  1  later, is within 3 years before the date the primary offense

  2  or any additional offense was committed.

  3

  4  Prior capital felony points:  If the offender has one or more

  5  prior capital felonies in the offender's criminal record,

  6  points shall be added to the subtotal sentence points of the

  7  offender equal to twice the number of points the offender

  8  receives for the primary offense and any additional offense.

  9  A prior capital felony in the offender's criminal record is a

10  previous capital felony offense for which the offender has

11  entered a plea of nolo contendere or guilty or has been found

12  guilty; or a felony in another jurisdiction which is a capital

13  felony in that jurisdiction, or would be a capital felony if

14  the offense were committed in this state.

15

16  Possession of a firearm, semiautomatic firearm, or machine

17  gun:  If the offender is convicted of committing or attempting

18  to commit any felony other than those enumerated in s.

19  775.087(2) while having in his possession: a firearm as

20  defined in s. 790.001(6), an additional 18 sentence points are

21  assessed; or if the offender is convicted of committing or

22  attempting to commit any felony other than those enumerated in

23  s. 775.087(3) while having in his possession a semiautomatic

24  firearm as defined in s. 775.087(3) or a machine gun as

25  defined in s. 790.001(9), an additional 25 sentence points are

26  assessed.

27

28  Sentencing multipliers:

29

30  Drug trafficking:  If the primary offense is drug trafficking

31  under s. 893.135, the subtotal sentence points are multiplied,


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  1  at the discretion of the court, for a level 7 or level 8

  2  offense, by 1.5.  The state attorney may move the sentencing

  3  court to reduce or suspend the sentence of a person convicted

  4  of a level 7 or level 8 offense, if the offender provides

  5  substantial assistance as described in s. 893.135(4).

  6

  7  Law enforcement protection:  If the primary offense is a

  8  violation of the Law Enforcement Protection Act under s.

  9  775.0823(2), the subtotal sentence points are multiplied by

10  2.5.  If the primary offense is a violation of s. 775.0823(3),

11  (4), (5), (6), (7), or (8), the subtotal sentence points are

12  multiplied by 2.0. If the primary offense is a violation of s.

13  784.07(3) or s. 775.0875(1), or of the Law Enforcement

14  Protection Act under s. 775.0823(9) or (10), the subtotal

15  sentence points are multiplied by 1.5.

16

17  Grand theft of a motor vehicle:  If the primary offense is

18  grand theft of the third degree involving a motor vehicle and

19  in the offender's prior record, there are three or more grand

20  thefts of the third degree involving a motor vehicle, the

21  subtotal sentence points are multiplied by 1.5.

22

23  Criminal street gang member:  If the offender is convicted of

24  the primary offense and is found to have been a member of a

25  criminal street gang at the time of the commission of the

26  primary offense pursuant to s. 874.04, the subtotal sentence

27  points are multiplied by 1.5.

28

29  Domestic violence in the presence of a child:  If the offender

30  is convicted of the primary offense and the primary offense is

31  a crime of domestic violence, as defined in s. 741.28, which


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  1  was committed in the presence of a child under 16 years of age

  2  who is a family household member as defined in s. 741.28(2)

  3  with the victim or perpetrator, the subtotal sentence points

  4  are multiplied, at the discretion of the court, by 1.5.

  5         Section 57.  Subsection (7) of section 901.15, Florida

  6  Statutes, 1998 Supplement, is amended and subsections (8) and

  7  (9) are added to that section to read:

  8         901.15  When arrest by officer without warrant is

  9  lawful.--A law enforcement officer may arrest a person without

10  a warrant when:

11         (7)  There is probable cause to believe that the person

12  has committed:

13         (a)  an act of domestic violence, as defined in s.

14  741.28.

15         (b)  Child abuse, as defined in s. 827.04(2) and (3).

16         (c)  Any battery upon another person, as defined in s.

17  784.03.

18         (d)  An act of criminal mischief or a graffiti-related

19  offense as described in s. 806.13.

20

21  With respect to an arrest for an act of domestic violence, The

22  decision to arrest shall not require consent of the victim or

23  consideration of the relationship of the parties. It is the

24  public policy of this state to strongly discourage arrest and

25  charges of both parties for domestic violence on each other

26  and to encourage training of law enforcement and prosecutors

27  in this area. A law enforcement officer who acts in good faith

28  and exercises due care in making an arrest under this

29  subsection, under s. 741.31(4) or s. 784.047, or pursuant to a

30  foreign order of protection accorded full faith and credit

31


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CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1666                   Second Engrossed (ntc)



  1  pursuant to s. 741.315, is immune from civil liability that

  2  otherwise might result by reason of his or her action.

  3         (8)  There is probable cause to believe that the person

  4  has committed child abuse, as defined in s. 827.03. The

  5  decision to arrest shall not require consent of the victim or

  6  consideration of the relationship of the parties. It is the

  7  public policy of this state to protect abused children by

  8  strongly encouraging the arrest and prosecution of persons who

  9  commit child abuse. A law enforcement officer who acts in good

10  faith and exercises due care in making an arrest under this

11  subsection is immune from civil liability that otherwise might

12  result by reason of his or her action.

13         (9)  There is probable cause to believe that the person

14  has committed:

15         (a)  Any battery upon another person, as defined in s.

16  784.03.

17         (b)  An act of criminal mischief or a graffiti-related

18  offense as described in s. 806.13.

19         Section 58.  This act shall take effect July 1, 1999.

20

21

22

23

24

25

26

27

28

29

30

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