CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Roberts offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

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

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

19  to read:

20         39.001  Purposes and intent; personnel standards and

21  screening.--

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

23  are:

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

25  guardian from whose custody the child has been taken assists

26  the department to the fullest extent possible in locating

27  relatives suitable to serve as caregivers for the child.

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

29  not possible, the child will be prepared for alternative

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

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  relative on a permanent basis with or without legal

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

 3  caregiver on a permanent basis with or without legal

 4  guardianship.

 5         Section 2.  Section 39.0014, Florida Statutes, is

 6  created to read:

 7         39.0014  Responsibilities of public agencies.--All

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

 9  provide information to the department as will enable it to

10  fulfill its responsibilities under this chapter.

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

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

13  Statutes, 1998 Supplement, are amended to read:

14         39.0015  Child abuse prevention training in the

15  district school system.--

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

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

18  39.01(1), (2), (30), (44), (46), (53), and (64), 827.04, and

19  984.03(1), (2), and (39).

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

21  primary prevention and training program shall include all of

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

23         (a)  Information provided in a clear and nonthreatening

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

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

26  abuse, and the possible solutions.

27         Section 4.  Section 39.01, Florida Statutes, 1998

28  Supplement, is amended to read:

29         39.01  Definitions.--When used in this chapter, unless

30  the context otherwise requires:

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

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

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

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

 5  which situation is sufficient to evince a willful rejection of

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

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

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

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

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

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

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

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

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

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

16  finding of abandonment.

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

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

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

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

21  the purpose of protective investigations, Abuse of a child

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

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

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

25  custodian, or caregiver for disciplinary purposes does not in

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

27  child.

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

29  abuse service provider as defined in chapter 397.

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

31  court to determine whether or not the facts support the

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 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         b.  Knowledge of societal standards for what is being

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  proposed.

 2         c.  Awareness of potential consequences and

 3  alternatives.

 4         d.  Assumption that agreement or disagreement will be

 5  accepted equally.

 6         e.  Voluntary decision.

 7         f.  Mental competence.

 8

 9  Juvenile sexual offender behavior ranges from noncontact

10  sexual behavior such as making obscene phone calls,

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

12  photographs to varying degrees of direct sexual contact, such

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

14  sodomy, and various other sexually aggressive acts.

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

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

17  panel, considers the facts and arguments presented by the

18  parties and renders a decision which may be binding or

19  nonbinding.

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

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

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

23  management coverage, that is assigned or designated by the

24  department to perform duties or exercise powers pursuant to

25  this chapter.

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

27  adult household member, or other person responsible for a

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

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

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

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

 2  the child from the provision of voluntary services through any

 3  dependency, foster care, or termination of parental rights

 4  proceeding or related activity or process.

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

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

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

 8  dependent.

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

10  professionals established by the Department of Health to

11  receive referrals from the protective investigators and

12  protective supervision staff of the department and to provide

13  specialized and supportive services to the program in

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

15  protection team shall provide consultation to other programs

16  of the department and other persons regarding child abuse,

17  abandonment, or neglect cases.

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

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

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

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

22  caregivers;

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

24  former Department of Health and Rehabilitative Services, or a

25  licensed child-placing agency for purpose of adoption;

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

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

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

29  and Rehabilitative Services, after which placement, under the

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

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  failed to substantially comply with the requirements of the

 2  plan;

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

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

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

 6  to the Florida Rules of Juvenile Procedure;

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

 8  providing, legal custodian, or caregiver to provide

 9  supervision and care; or

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

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

12  custodians, or caregivers.

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

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

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

16  education of a child.

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

18  as set forth in s. 26.021.

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

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

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

22  health, educational, vocational, and social condition and

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

24  caregiver's need for rehabilitative and treatment services,

25  including substance abuse treatment services, mental health

26  services, developmental services, literacy services, medical

27  services, family services, and other specialized services, as

28  appropriate.

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

30  the circuit court assigned to exercise jurisdiction under this

31  chapter.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

 2  Family Services.

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

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

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

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

 7  home as set forth in the case plan.

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

 9  reasonable efforts to provide social services or reunification

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

11  a case plan.

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

13  service agency to locate a parent or prospective parent whose

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

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

16  parent, with the search progress reported at each court

17  hearing until the parent is either identified and located or

18  the court excuses further search.

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

20  the court determines the most appropriate protections,

21  services, and placement for the child family support services

22  in the least restrictive available setting in dependency cases

23  or in termination of parental rights cases.

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

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

26         (25)  "District administrator" means the chief

27  operating officer of each service district of the department

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

29  district administrator whose service district falls within the

30  boundaries of a judicial circuit.

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  proceedings wherein a case plan with the goal of reunification

 2  is not being offered.

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

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

 5  report is maliciously made for the purpose of:

 6         (a)  Harassing, embarrassing, or harming another

 7  person;

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

 9         (c)  Acquiring custody of a child; or

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

11  other private dispute involving a child.

12

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

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

15  central abuse hotline.

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

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

18  caregiver, or adult relative, in which:

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

20  unit; or

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

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

23  court order to support or care for the child.

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

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

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

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

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

29  responsible for the child's welfare:

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

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

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

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

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

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

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

 7         1.  Willful acts that produce the following specific

 8  injuries:

 9         a.  Sprains, dislocations, or cartilage damage.

10         b.  Bone or skull fractures.

11         c.  Brain or spinal cord damage.

12         d.  Intracranial hemorrhage or injury to other internal

13  organs.

14         e.  Asphyxiation, suffocation, or drowning.

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

16         g.  Burns or scalding.

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

18         i.  Permanent or temporary disfigurement.

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

20  part or function.

21

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

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

24  result or to cause an injury.

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

26  other substances that substantially affect the child's

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

28  sickness or internal injury.  For the purposes of this

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

30  prescribed for the child or not administered as prescribed,

31  and controlled substances as outlined in Schedule I or

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  Schedule II of s. 893.03.

 2         3.  Leaving a child without adult supervision or

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

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

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

 6  exercise good judgment in responding to any kind of physical

 7  or emotional crisis.

 8         4.  Inappropriate or excessively harsh disciplinary

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

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

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

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

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

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

15  trauma inflicted.  Corporal discipline may be considered

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

17  or other similar injuries:

18         a.  Sprains, dislocations, or cartilage damage.

19         b.  Bone or skull fractures.

20         c.  Brain or spinal cord damage.

21         d.  Intracranial hemorrhage or injury to other internal

22  organs.

23         e.  Asphyxiation, suffocation, or drowning.

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

25         g.  Burns or scalding.

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

27         i.  Permanent or temporary disfigurement.

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

29  part or function.

30         k.  Significant bruises or welts.

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

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

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

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

 5  or forcing a child to:

 6         1.  Solicit for or engage in prostitution; or

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

 8  chapter 827.

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

10  exploited, as provided in s. 450.151.

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

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

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

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

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

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

17  child, which situation is sufficient to evince a willful

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

19  parent or legal custodian or person primarily responsible for

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

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

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

23  have been abandoned.

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

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

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

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

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

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

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

31  the legitimate practice of religious beliefs, does not provide

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  specified medical treatment for a child may not be considered

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

 3  exception does not:

 4         1.  Eliminate the requirement that such a case be

 5  reported to the department;

 6         2.  Prevent the department from investigating such a

 7  case; or

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

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

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

11  accredited practitioner who relies solely on spiritual means

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

13  well-recognized church or religious organization.

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

15  alcohol. Exposure to a controlled substance or alcohol is

16  established by:

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

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

19  demonstrably adversely affected by such usage; or

20         2.  Continued chronic and severe use of a controlled

21  substance or alcohol by a parent when the child is

22  demonstrably adversely affected by such usage.

23

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

25  means prescription drugs not prescribed for the parent or not

26  administered as prescribed and controlled substances as

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

28         (h)  Uses mechanical devices, unreasonable restraints,

29  or extended periods of isolation to control a child.

30         (i)  Engages in violent behavior that demonstrates a

31  wanton disregard for the presence of a child and could

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  reasonably result in serious injury to the child.

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

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

 4  by the acts of another.

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

 6  of abuse, abandonment, or neglect.

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

 8  created in each service district of the department pursuant to

 9  the provisions of s. 20.19(8).

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

11  situations of known or suspected child abuse or neglect in

12  which the person allegedly perpetrating the child abuse or

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

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

15  agency or any other person at such institution responsible for

16  the child's care.

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

18  jurisdiction pursuant to this chapter.

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

20  court order or letter of guardianship which vests in a

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

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

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

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

25  and ordinary medical, dental, psychiatric, and psychological

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

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

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

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

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

31  the rights or responsibilities of the legal custodian who has

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  assumed the role of the parent.

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

 3  relationship between the child and caregiver which is intended

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

 5  to the procedures in chapter 744.

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

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

 8  care for, receive, and board children.

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

10  society, association, or institution licensed by the

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

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

13  foster or adoptive home.

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

15  physician licensed under chapter 458, an osteopathic physician

16  licensed under chapter 459, a nurse licensed under chapter

17  464, a physician assistant licensed under chapter 458 or

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

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

20  evidenced by violent or other actively self-destructive

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

22  period the child will attempt to commit suicide or inflict

23  serious bodily harm on himself or herself.

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

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

26  inflict serious and unjustified bodily harm on another person.

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

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

29  created by a court order pursuant to this chapter.

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

31  custodial relationship" means the relationship that a juvenile

                                  15

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

 2  the child or other legal custodian caregiver approved by the

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

 4  natural parent and termination of parental rights is not

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

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

 7  legal custodian caregiver the right to physical custody of the

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

 9  upon request of the legal custodian caregiver or upon a

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

11  in circumstances necessitates a change of custody for the best

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

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

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

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

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

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

18  dental, psychiatric, and psychological care, unless these

19  rights and duties are otherwise enlarged or limited by the

20  court order establishing the long-term custodial relationship.

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

22  third person called a mediator acts to encourage and

23  facilitate the resolution of a dispute between two or more

24  parties.  It is an informal and nonadversarial process with

25  the objective of helping the disputing parties reach a

26  mutually acceptable and voluntary agreement.  The role of the

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

28  parties in identifying issues, fostering joint problem

29  solving, and exploring settlement alternatives.

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

31  intellectual or psychological capacity of a child as evidenced

                                  16

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  by a discernible and substantial impairment in the ability to

 2  function within the normal range of performance and behavior.

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

 4  necessary within a reasonable degree of medical certainty to

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

 6  alleviate immediate pain of a child.

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

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

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

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

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

12  permitted to live in an environment when such deprivation or

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

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

15  being significantly impaired. The foregoing circumstances

16  shall not be considered neglect if caused primarily by

17  financial inability unless actual services for relief have

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

19  legal custodian, or caregiver legitimately practicing

20  religious beliefs in accordance with a recognized church or

21  religious organization who thereby does not provide specific

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

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

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

25  court from ordering the following services to be provided,

26  when the health of the child so requires:

27         (a)  Medical services from a licensed physician,

28  dentist, optometrist, podiatric physician, or other qualified

29  health care provider; or

30         (b)  Treatment by a duly accredited practitioner who

31  relies solely on spiritual means for healing in accordance

                                  17

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

 2  religious organization.

 3

 4  For the purpose of protective investigations, Neglect of a

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

 6  custodian, or caregiver.

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

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

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

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

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

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

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

14  care. For the purpose of departmental investigative

15  jurisdiction, this definition does not include law enforcement

16  officers, or employees of municipal or county detention

17  facilities or the Department of Corrections, while acting in

18  an official capacity.

19         (47)(48)  "Next of kin" means an adult relative of a

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

21  uncle, or first cousin.

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

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

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

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

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

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

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

29  care. For the purpose of departmental investigative

30  jurisdiction, this definition does not include law enforcement

31  officers, or employees of municipal or county detention

                                  18

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  facilities or the Department of Corrections, while acting in

 2  an official capacity.

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

 4  home of the parents or a parent.

 5         (50)(49)  "Parent" means a woman who gives birth to a

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

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

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

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

10  individual whose parental relationship to the child has been

11  legally terminated, or an alleged or prospective parent,

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

13  39.503(1) 39.4051(1) or s. 63.062(1)(b). For purposes of this

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

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

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

17  rights, to the rights or responsibilities of the legal

18  custodian who has assumed the role of the parent.

19         (51)(50)  "Participant," for purposes of a shelter

20  proceeding, dependency proceeding, or termination of parental

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

22  should receive notice of hearings involving the child,

23  including foster parents or the legal custodian of the child

24  caregivers, identified prospective parents, grandparents

25  entitled to priority for adoption consideration under s.

26  63.0425, actual custodians of the child, and any other person

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

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

29  without the necessity of filing a motion to intervene.

30         (52)(51)  "Party" means the parent or parents legal

31  custodian of the child, the petitioner, the department, the

                                  19

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  guardian ad litem or the representative of the guardian ad

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

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

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

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

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

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

 8  the child.

 9         (53)(52)  "Physical injury" means death, permanent or

10  temporary disfigurement, or impairment of any bodily part.

11         (54)(53)  "Physician" means any licensed physician,

12  dentist, podiatric physician podiatrist, or optometrist and

13  includes any intern or resident.

14         (55)(54)  "Preliminary screening" means the gathering

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

16  need for further evaluation or assessment or for referral for

17  other substance abuse services through means such as

18  psychosocial interviews; urine and breathalyzer screenings;

19  and reviews of available educational, delinquency, and

20  dependency records of the child.

21         (56)(55)  "Preventive services" means social services

22  and other supportive and rehabilitative services provided to

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

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

25  the child for the purpose of averting the removal of the child

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

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

28  services and other supportive and rehabilitative services

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

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

31  promote family autonomy, and shall strengthen family life,

                                  20

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  whenever possible.

 2         (57)(56)  "Prospective parent" means a person who

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

 4  mother or a father of a child.

 5         (58)(57)  "Protective investigation" means the

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

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

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

 9  the department; the investigation of each report; the

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

11  determination of the disposition of each report without court

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

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

14         (59)(58)  "Protective investigator" means an authorized

15  agent of the department who receives and investigates reports

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

17  the investigation, may recommend that a dependency petition be

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

19  to carry out the required actions of the protective

20  investigation function.

21         (60)(59)  "Protective supervision" means a legal status

22  in dependency cases which permits the child to remain safely

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

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

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

26         (61)(60)  "Relative" means a grandparent,

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

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

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

30  does not include a stepparent.

31         (62)(61)  "Reunification services" means social

                                  21

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  services and other supportive and rehabilitative services

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

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

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

 5  relative placement, nonrelative placement, or foster parents

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

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

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

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

10  services and other supportive and rehabilitative services.

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

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

13  environment, shall promote family autonomy, and shall

14  strengthen family life, whenever possible.

15         (63)(62)  "Secretary" means the Secretary of Children

16  and Family Services.

17         (64)(63)  "Sexual abuse of a child" means one or more

18  of the following acts:

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

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

21  whether or not there is the emission of semen.

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

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

24  person.

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

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

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

28  act intended for a valid medical purpose.

29         (d)  The intentional touching of the genitals or

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

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

                                  22

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

 2  include:

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

 4  normal caregiver responsibility, any interaction with, or

 5  affection for a child; or

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

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

 8  genitals in the presence of a child.

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

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

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

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

13  gratification, aggression, degradation, or other similar

14  purpose.

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

16  allowing, encouraging, or forcing a child to:

17         1.  Solicit for or engage in prostitution; or

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

19  chapter 827.

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

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

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

23  been found to be dependent, pending court disposition before

24  or after adjudication.

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

26  the court determines whether probable cause exists to keep a

27  child in shelter status pending further investigation of the

28  case.

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

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

31  agency.

                                  23

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

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

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

 4  resulting in dysfunctional social behavior.

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

 6  circumstances which caused the creation of the case plan have

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

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

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

10  parent, legal custodian, or caregiver.

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

12  child immediately when temporary physical control over the

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

14  child's release or placement.

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

16  relationship that a juvenile court creates between a child and

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

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

19  until a more permanent arrangement is ordered. Temporary legal

20  custody confers upon the custodian the right to have temporary

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

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

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

24  dental, psychiatric, and psychological care, unless these

25  rights and duties are otherwise enlarged or limited by the

26  court order establishing the temporary legal custody

27  relationship.

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

29  is threatened with physical, mental, or emotional injury

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

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

                                  24

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

 2  Statutes, 1998 Supplement, is amended to read:

 3         39.011  Immunity from liability.--

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

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

 6  review or recommendation with regard to a dependency foster

 7  care or shelter care matter unless such member or agent

 8  exhibits wanton and willful disregard of human rights or

 9  safety, or property.

10         Section 6.  Section 39.0121, Florida Statutes, 1998

11  Supplement, is amended to read:

12         39.0121  Specific rulemaking authority.--Pursuant to

13  ss. 120.536 and 120.54 the requirements of s. 120.536, the

14  department is specifically authorized to adopt rules, amend,

15  and repeal administrative rules which implement or interpret

16  law or policy, or describe the procedure and practice

17  requirements necessary to implement this chapter, including,

18  but not limited to, the following:

19         (1)  Background screening of department employees and

20  applicants; criminal records checks of prospective foster and

21  adoptive parents; and drug testing of protective

22  investigators.

23         (2)  Reporting of child abuse, neglect, and

24  abandonment; reporting of child-on-child sexual abuse; false

25  reporting; child protective investigations; taking a child

26  into protective custody; and shelter procedures.

27         (3)  Confidentiality and retention of department

28  records; access to records; and record requests.

29         (4)  Department and client trust funds.

30         (5)  Requesting of services from child protection teams

31  and services, and eligible cases.

                                  25

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (6)  Consent to and provision of medical care and

 2  treatment for children in the care of the department.

 3         (7)  Federal funding requirements and procedures;

 4  foster care and adoption subsidies; subsidized independent

 5  living; and subsidized child care.

 6         (8)  Agreements with law enforcement and other state

 7  agencies; access to the National Crime Information Center

 8  (NCIC); and access to the parent locator service.

 9         (9)  Licensing, registration, and certification of

10  child day care providers, shelter and foster homes, and

11  residential child-caring and child-placing agencies.

12         (10)  The Family Builders Program, the Intensive Crisis

13  Counseling Program, and any other early intervention programs

14  and kinship care assistance programs.

15         (11)  Department contracts, pilot programs, and

16  demonstration projects.

17         (12)  Legal and casework procedures, including, but not

18  limited to, mediation, diligent search, stipulations,

19  consents, surrenders, and default, with respect to dependency,

20  termination of parental rights, adoption, guardianship, and

21  kinship care proceedings.

22         (13)  Legal and casework management of cases involving

23  in-home supervision and out-of-home care, including judicial

24  reviews, administrative reviews, case plans, and any other

25  documentation or procedures required by federal or state law.

26         (14)  Injunctions and other protective orders,

27  domestic-violence-related cases, and certification of domestic

28  violence centers.

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

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

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

                                  26

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  1998 Supplement, are amended to read:

 2         39.013  Procedures and jurisdiction; right to

 3  counsel.--

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

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

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

 7  handle dependency matters, may exercise the general and

 8  equitable jurisdiction over guardianship proceedings pursuant

 9  to the provisions of chapter 744, and proceedings for

10  temporary custody of minor children by extended family

11  pursuant to the provisions of chapter 751.

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

13  placement issue in cases involving a child who has been

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

15  placement a shelter.

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

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

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

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

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

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

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

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

24  supervision of the department.

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

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

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

28  shall appoint counsel for indigent parents persons. The court

29  shall ascertain whether the right to counsel is understood.

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

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

                                  27

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  enter its findings in writing with respect to the appointment

 2  or waiver of counsel for indigent parents parties or the

 3  waiver of counsel by nonindigent parents parties.

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

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

 6  unable to make an intelligent and understanding choice because

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

 8  complexity of the case, or other factors.

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

10  record.

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

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

13  renewed by the court at each subsequent stage of the

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

15  appears without counsel.

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

17  include:

18         (b)  Periods of delay resulting from a continuance

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

20  petitioner, if the continuance is granted:

21         1.  Because of an unavailability of evidence material

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

23  has exercised due diligence to obtain such evidence and there

24  are substantial grounds to believe that such evidence will be

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

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

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

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

29  appropriate sanctions, which may include dismissal of the

30  petition.

31         2.  To allow the attorney for the department or

                                  28

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  petitioner additional time to prepare the case and additional

 2  time is justified because of an exceptional circumstance.

 3         (d)  Reasonable periods of delay resulting from a

 4  continuance granted at the request of the parent or legal

 5  custodian of a subject child.

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

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

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

 9         39.0132  Oaths, records, and confidential

10  information.--

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

12  brought before it pursuant to this chapter and shall preserve

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

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

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

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

17  permanently depriving a parent of the custody of a juvenile

18  shall be preserved permanently.  The court shall make official

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

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

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

22  other writs which may be filed therein.

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

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

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

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

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

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

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

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

31  guardian ad litem, law enforcement agencies, and the

                                  29

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  department and its designees shall always have the right to

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

 3  The court may permit authorized representatives of recognized

 4  organizations compiling statistics for proper purposes to

 5  inspect and make abstracts from official records, under

 6  whatever conditions upon their use and disposition the court

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

 8  violation of those conditions.

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

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

11  proceeding, except that:

12         (e)  Orders permanently and involuntarily terminating

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

14  subsequent termination of parental rights proceedings for a

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

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

17  Statutes, 1998 Supplement, is amended to read:

18         39.0134  Appointed counsel; compensation.--

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

20  representation pursuant to a court appointment in a dependency

21  proceeding pursuant to this chapter, such compensation shall

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

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

24  and costs in accordance with s. 984.08.

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

26  Statutes, 1998 Supplement, is amended to read:

27         39.201  Mandatory reports of child abuse, abandonment,

28  or neglect; mandatory reports of death; central abuse

29  hotline.--

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

31         (a)  Physician, osteopathic physician, medical

                                  30

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    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  examiner, chiropractic physician, nurse, or hospital personnel

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

 3  persons;

 4         (b)  Health or mental health professional other than

 5  one listed in paragraph (a);

 6         (c)  Practitioner who relies solely on spiritual means

 7  for healing;

 8         (d)  School teacher or other school official or

 9  personnel;

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

11  professional child care, foster care, residential, or

12  institutional worker; or

13         (f)  Law enforcement officer,

14

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

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

17  custodian, caregiver, or other person responsible for the

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

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

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

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

22  1998 Supplement, are amended to read:

23         39.202  Confidentiality of reports and records in cases

24  of child abandonment, abuse, or neglect.--

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

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

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

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

29  reports made to the central abuse hotline and all records

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

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

                                  31

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    Amendment No.     (for drafter's use only)





 1  be disclosed except as specifically authorized by this

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

 3  information in the possession of those entities granted access

 4  as set forth in this section.

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

 6  reporter which shall be released only as provided in

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

 8  persons, officials, and agencies:

 9         (a)  Employees, authorized agents, or contract

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

11  county agencies responsible for carrying out:

12         1.  Child or adult protective investigations;,

13         2.  Ongoing child or adult protective services;,

14         3.  Healthy Start services;, or

15         4.  Licensure or approval of adoptive homes, foster

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

17  informal child care providers who receive subsidized child

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

19  welfare of children.

20

21  Also, employees or agents of the Department of Juvenile

22  Justice responsible for the provision of services to children,

23  pursuant to chapters 984 and 985.

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

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

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

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

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

29  abandonment. However, any information otherwise made

30  confidential or exempt by law shall not be released pursuant

31  to this paragraph.

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                                                   HOUSE AMENDMENT

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    Amendment No.     (for drafter's use only)





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

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

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

 4  or entity shall enter into a privacy and security agreement

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

 6  governing the use of such records and information for research

 7  and statistical purposes. Information identifying the subjects

 8  of such records or information shall be treated as

 9  confidential by the researcher and shall not be released in

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

11  the report shall be made available to the researcher.

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

13  39.203, Florida Statutes, 1998 Supplement, is amended to read:

14         39.203  Immunity from liability in cases of child

15  abuse, abandonment, or neglect.--

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

17  participating in good faith in any act authorized or required

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

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

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

21  criminal liability which might otherwise result by reason of

22  such action.

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

24  Statutes, 1998 Supplement, is amended to read:

25         39.206  Administrative fines for false report of abuse,

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

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

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

29  a false report with the central abuse hotline. The

30  administrative hearing officer court shall advise any person

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  be represented by counsel at the administrative hearing.

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

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

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

 5         39.301  Initiation of protective investigations.--

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

 7  part, the child protective investigator shall inform any

 8  subject of the investigation of the following:

 9         1.  The names of the investigators and identifying

10  credentials from the department.

11         2.  The purpose of the investigation.

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

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

14         4.  The possible outcomes and services of the

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

16  legal custodian caregiver.

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

18  caregiver to be involved to the fullest extent possible in

19  determining the nature of the allegation and the nature of any

20  identified problem.

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

22  that protective investigators know how to fully inform parents

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

24  and options, including opportunities for audio or video

25  recording of investigators' interviews with parents or legal

26  custodians, guardians, caretakers, or children.

27         (5)  The person responsible for the investigation shall

28  make a preliminary determination as to whether the report or

29  complaint is complete, consulting with the attorney for the

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

31  responsible for the investigation finds that the report or

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                                                   HOUSE AMENDMENT

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    Amendment No.     (for drafter's use only)





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

 2  delay to the person or agency originating the report or

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

 4  appropriate law enforcement agency having investigative

 5  jurisdiction, and request additional information in order to

 6  complete the report or complaint; however, the confidentiality

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

 8  be violated.

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

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

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

12  department shall file a petition for dependency.

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

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

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

16  other treatment voluntarily accepted by the child and the

17  parents, caregivers, or legal custodians, the protective

18  investigator may refer the parent or legal custodian and child

19  for such care or other treatment.

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

21  the protection and supervision of the court, the department

22  shall file a petition for dependency.  A petition for

23  dependency shall be filed in all cases classified by the

24  department as high-risk cases.

25         (c)  If the person conducting the investigation refuses

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

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

28  person or agency originating the report complainant shall be

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

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

31  perform an onsite child protective investigation to:

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (e)  Based on the information obtained from available

 2  sources the caregiver, complete the risk assessment instrument

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

 4  develop a case plan.

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

 6  child requires immediate or long-term protection through:

 7         (a)  Medical or other health care; or

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

 9  or other services to stabilize the home environment, including

10  intensive family preservation services through the Family

11  Builders Program or, the Intensive Crisis Counseling Program,

12  or both,; or

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

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

15  legal guardians, or caregivers,

16

17  such services shall first be offered for voluntary acceptance

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

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

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

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

22  history of substance abuse or domestic violence. The parents

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

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

25  department to protect the child regardless of the acceptance

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

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

28  requires, the department shall take the child into protective

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

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

31  immediately upon learning during the course of an

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  investigation, that:

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

 3  endangered;

 4         (b)  The family is likely to flee;

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

 6  neglect;

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

 8  defined in s. 827.03; or

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

10  abuse,

11

12  the department shall orally notify the jurisdictionally

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

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

15  practicable, transmit a full written the report to those

16  agencies.  The law enforcement agency shall review the report

17  and determine whether a criminal investigation needs to be

18  conducted and shall assume lead responsibility for all

19  criminal fact-finding activities.  A criminal investigation

20  shall be coordinated, whenever possible, with the child

21  protective investigation of the department. Any interested

22  person who has information regarding an offense described in

23  this subsection may forward a statement to the state attorney

24  as to whether prosecution is warranted and appropriate.

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

26  investigation, when the initial interview with the child is

27  conducted at school, the department or the law enforcement

28  agency may allow, notwithstanding the provisions of s.

29  39.0132(4), a school instructional staff member who is known

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

31         (a)  The department or law enforcement agency believes

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  that the school instructional staff member could enhance the

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

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

 4  the school instructional staff member at the interview.

 5

 6  School instructional staff may only be present only when

 7  authorized by this subsection.  Information received during

 8  the interview or from any other source regarding the alleged

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

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

11  provided by court order.  A separate record of the

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

13  be maintained by the school or school instructional staff

14  member. Violation of this subsection constitutes a misdemeanor

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

16  s. 775.083.

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

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

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

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

21  determination of whether or not prosecution is justified and

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

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

24  Statutes, 1998 Supplement, is amended to read:

25         39.302  Protective investigations of institutional

26  child abuse, abandonment, or neglect.--

27         (1)  The department shall conduct a child protective

28  investigation of each report of institutional child abuse,

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

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

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

 2  abuse, abandonment, or neglect, the department shall

 3  immediately initiate a child protective investigation and

 4  orally notify the appropriate state attorney, law enforcement

 5  agency, and licensing agency.  These agencies shall

 6  immediately conduct a joint investigation, unless independent

 7  investigations are more feasible.  When a facility is exempt

 8  from licensing, the department shall inform the owner or

 9  operator of the facility of the report.  Each agency

10  conducting a joint investigation shall be entitled to full

11  access to the information gathered by the department in the

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

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

14  3 working days after making the oral report. A criminal

15  investigation shall be coordinated, whenever possible, with

16  the child protective investigation of the department. Any

17  interested person who has information regarding the offenses

18  described in this subsection may forward a statement to the

19  state attorney as to whether prosecution is warranted and

20  appropriate. Within 15 days after the completion of the

21  investigation, the state attorney shall report the findings to

22  the department and shall include in such report a

23  determination of whether or not prosecution is justified and

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

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

26  39.3035, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         39.3035  Child advocacy centers; standards; state

29  funding.--

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

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  child advocacy center in this state shall:

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

 3  agreement incorporate the participation and services of a

 4  child protection team, with established community protocols

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

 6  Children's Advocacy Centers, Inc.

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

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

 9         39.304  Photographs, medical examinations, X rays, and

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

11         (1)  Any person required to investigate cases of

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

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

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

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

16  examination, or if the child verbally complains or otherwise

17  exhibits distress as a result of injury through suspected

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

19  been sexually abused, the person required to investigate may

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

21  physician or an emergency department in a hospital without the

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

23  Such examination may be performed by any licensed physician or

24  physician assistant or an advanced registered nurse

25  practitioner licensed pursuant to chapter 464. Any licensed

26  physician, or advanced registered nurse practitioner licensed

27  pursuant to chapter 464, who has reasonable cause to suspect

28  that an injury was the result of child abuse, abandonment, or

29  neglect may authorize a radiological examination to be

30  performed on the child without the consent of the child's

31  parent, caregiver, or legal custodian.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

 2  bear the initial costs of the examination of the allegedly

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

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

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

 6  other than an initial forensic physical examination as

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

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

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

10  indirectly, for the cost of an initial forensic physical

11  examination.

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

13  Statutes, 1998 Supplement, is amended to read:

14         39.311  Establishment of Family Builders Program.--

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

16  the department shall provide family preservation services:

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

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

19         (b)  To reunite families whose children have been

20  removed and placed in foster care;, and

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

22  risk of fragmentation.

23

24  The Family Builders Program shall provide programs to achieve

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

26  remain with their families as an alternative to the more

27  expensive and potentially psychologically damaging program of

28  out-of-home placement.

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

30  39.312, Florida Statutes, 1998 Supplement, are amended to

31  read:

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         39.312  Goals.--The goals of any Family Builders

 2  Program shall be to:

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

 4  and safety while working with the family.

 5         (5)  Assist and educate parents in Perform household

 6  maintenance, budgeting, and purchasing when parents are unable

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

 8         (10)  Provide such additional reasonable services for

 9  the prevention of child abuse, abandonment, and neglect

10  maltreatment and unnecessary foster care as may be needed in

11  order to strengthen a family at risk.

12         Section 20.  Section 39.313, Florida Statutes, 1998

13  Supplement, is amended to read:

14         39.313  Contracting of services.--The department may

15  contract for the delivery of Family Builders Program services

16  by professionally qualified persons or local governments when

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

18  interest.  The service provider or program operator must

19  submit to the department monthly activity reports covering any

20  services rendered.  These activity reports must include

21  project evaluation in relation to individual families being

22  served, as well as statistical data concerning families

23  referred for services who are not served due to the

24  unavailability of resources.  The costs of program evaluation

25  are an allowable cost consideration in any service contract

26  negotiated in accordance with this section.

27         Section 21.  Section 39.395, Florida Statutes, 1998

28  Supplement, is amended to read:

29         39.395  Detaining a child; medical or hospital

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

31  institution, or any physician or licensed health care

                                  42

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  professional treating a child may detain that child without

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

 3  whether or not additional medical treatment is required, if

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

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

 6  parents, caregiver, or legal custodian presents an imminent

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

 8  such person detaining a child shall immediately notify the

 9  department, whereupon the department shall immediately begin a

10  child protective investigation in accordance with the

11  provisions of this chapter and shall make every reasonable

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

13  custodian that such child has been detained.  If the

14  department determines, according to the criteria set forth in

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

16  hours, it shall petition the court through the attorney

17  representing the Department of Children and Family Services as

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

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

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

21  avoid the placement of a child in an institution whenever

22  possible.

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

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

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

26         39.401  Taking a child alleged to be dependent into

27  custody; law enforcement officers and authorized agents of the

28  department.--

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

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

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  has probable cause to support a finding or reasonable grounds

 2  for removal and that removal is necessary to protect the

 3  child.  Reasonable grounds for removal are as follows:

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

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

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

 7  abandonment;

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

 9  responsible adult relative of the child has materially

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

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

12  caregiver, or responsible adult relative immediately known and

13  available to provide supervision and care.

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

15  into custody, that officer shall:

16         (a)  Release the child to:

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

18  child;

19         2.  A responsible adult approved by the court when

20  limited to temporary emergency situations;

21         3.  A responsible adult relative who shall be given

22  priority consideration over a nonrelative placement when this

23  is in the best interests of the child; or

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

25

26  For cases involving allegations of abandonment, abuse, or

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

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

29  authorized agent of the department, the law enforcement

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

31  written report to the department.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

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

 3  authorized agent shall review the facts supporting the removal

 4  with an attorney representing the department. The purpose of

 5  this review shall be to determine whether probable cause

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

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

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

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

10  sufficient to support the filing of the shelter petition and

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

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

13  schedule a hearing, and the attorney representing the

14  department of Children and Family Services shall request that

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

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

17  awaiting the shelter hearing, the authorized agent of the

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

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

20  or responsible adult relative who shall be given priority

21  consideration over a licensed placement, or a responsible

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

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

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

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

26  department's automated abuse information system, on all

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

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

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

30  be dependent until the parent or legal custodian assumes care

31  of the child.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

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

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

 4  Supplement, are amended to read:

 5         39.402  Placement in a shelter.--

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

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

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

 9  believe that are reasonable grounds for removal and removal is

10  necessary to protect the child.  Reasonable grounds for

11  removal are as follows:

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

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

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

15  abandonment;

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

17  materially violated a condition of placement imposed by the

18  court; or

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

20  caregiver, or responsible adult relative immediately known and

21  available to provide supervision and care.

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

23  shall be given such notice as best ensures their actual

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

25  shelter hearing.  If the parents or legal custodians are

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

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

28  given such notice as best ensures their actual knowledge of

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

30  person providing or attempting to provide notice to the

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

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

 3  to provide notice and the results of those attempts.

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

 5  written notice that:

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

 7  to present evidence at the shelter hearing; and

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

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

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

11  subsequent hearing or proceeding, pursuant to the procedures

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

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

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

15  hours to enable the parents or legal custodians to consult

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

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

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

19         (6)

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

21  address each condition required to be determined by the court

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

23         (8)

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

25  must identify the parties present at the hearing and must

26  contain written findings:

27         1.  That placement in shelter care is necessary based

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

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

30  interest of the child.

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  contrary to the welfare of the child because the home

 2  situation presents a substantial and immediate danger to the

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

 4  cannot be mitigated by the provision of preventive services.

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

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

 7  that the child is dependent.

 8         5.  That the department has made reasonable efforts to

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

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

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

12  department is deemed to have made reasonable efforts to

13  prevent or eliminate the need for removal if:

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

15  occurs during an emergency;.

16         b.  The appraisal of the home situation by the

17  department indicates that the home situation presents a

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

19  mental, or emotional health or safety which cannot be

20  mitigated by the provision of preventive services;.

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

22  because there are no preventive services that can ensure the

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

24  appropriate and available services being provided, the health

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

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

27  committed any of the acts listed as grounds for expedited

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

29         6.  That the court notified the parents or legal

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

31  dependency hearing subsequent dependency proceedings,

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  including scheduled hearings, and of the importance of the

 2  active participation of the parents or legal custodians in all

 3  those subsequent proceedings and hearings.

 4         7.  That the court notified the parents or legal

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

 6  shelter hearing and at each subsequent hearing or proceeding,

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

 8  the procedures set forth in s. 39.013.

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

10  court order following a shelter hearing, the court shall

11  require in the prepare a shelter hearing order that requiring

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

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

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

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

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

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

18  shall be delivered to the judge having jurisdiction of the

19  guardianship estate. The shelter order shall also require the

20  parents to provide to the department and any other state

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

22  entry of the shelter order, the financial information

23  necessary to accurately calculate child support pursuant to s.

24  61.30.

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

26  shall notify all parties in writing of the next scheduled

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

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

29  shelter status, in conjunction with the arraignment hearing,

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

31  shelter status.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

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

 3  amended to read:

 4         39.407  Medical, psychiatric, and psychological

 5  examination and treatment of child; physical or mental

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

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

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

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

10  authorized to have a medical screening performed on the child

11  without authorization from the court and without consent from

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

13  performed by a licensed health care professional and shall be

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

15  diseases and to determine the need for immunization.  The

16  department shall by rule establish the invasiveness of the

17  medical procedures authorized to be performed under this

18  subsection.  In no case does this subsection authorize the

19  department to consent to medical treatment for such children.

20         (2)  When the department has performed the medical

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

22  otherwise determined by a licensed health care professional

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

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

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

26  need for immunization, consent for medical treatment shall be

27  obtained in the following manner:

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

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

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

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  unavailable and his or her whereabouts cannot be reasonably

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

 3  court order cannot reasonably be obtained, an authorized agent

 4  of the department shall have the authority to consent to

 5  necessary medical treatment, including immunization, for the

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

 7  treatment in this circumstance shall be limited to the time

 8  reasonably necessary to obtain court authorization.

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

10  available but refuses to consent to the necessary treatment,

11  including immunization, a court order shall be required unless

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

13  743.064 or the treatment needed is related to suspected abuse,

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

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

16  the authority to consent to necessary medical treatment.  This

17  authority is limited to the time reasonably necessary to

18  obtain court authorization.

19

20  In no case shall the department consent to sterilization,

21  abortion, or termination of life support.

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

23  placement the physical custody of the department to be

24  examined by a licensed health care professional.  The judge

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

26  a psychologist, by a district school board educational needs

27  assessment team, or, if a developmental disability is

28  suspected or alleged, by the developmental disability

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

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

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  394.463(2) or chapter 393 shall be used, whichever is

 2  applicable. The educational needs assessment provided by the

 3  district school board educational needs assessment team shall

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

 5  achievement tests, screening for learning disabilities and

 6  other handicaps, and screening for the need for alternative

 7  education as defined in s. 230.23.

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

 9  placement the physical custody of the department to be treated

10  by a licensed health care professional based on evidence that

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

12  such child to receive mental health or retardation services

13  from a psychiatrist, psychologist, or other appropriate

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

15  residential facility for such services, then the procedures

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

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

18  health or retardation services in emergency situations,

19  pursuant to the procedures and criteria contained in s.

20  394.463(1) or chapter 393, whichever is applicable.

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

22  physical custody of the department, a licensed health care

23  professional shall be immediately called if there are

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

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

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

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

28  remain financially responsible for the cost of medical

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

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

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

 2  reimburse the department or other provider of medical services

 3  for treatment provided.

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

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

 6  Supplement, are amended to read:

 7         39.501  Petition for dependency.--

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

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

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

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

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

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

14  department.

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

16  known, whether:

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

18  the petition has previously unsuccessfully participated in

19  voluntary services offered by the department;

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

21  has participated in mediation and whether a mediation

22  agreement exists;

23         3.  A parent or legal custodian has rejected the

24  voluntary services offered by the department; or

25         4.  The department has determined that voluntary

26  services are not appropriate for the parent or legal custodian

27  this family and the reasons for such determination.

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

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

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

31  21 days after the shelter hearing, or within 7 days after any

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

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

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

 4  the child was referred to protective investigation. The

 5  child's parent, guardian, or legal custodian must be served

 6  with a copy of the petition at least 72 hours before the

 7  arraignment hearing.

 8         Section 26.  Subsections (1), (4), (8), (10), and (13)

 9  of section 39.502, Florida Statutes, 1998 Supplement, are

10  amended to read:

11         39.502  Notice, process, and service.--

12         (1)  Unless parental rights have been terminated, all

13  parents and legal custodians must be notified of all

14  proceedings or hearings involving the child. Notice in cases

15  involving shelter hearings and hearings resulting from medical

16  emergencies must be that most likely to result in actual

17  notice to the parents and legal custodians. In all other

18  dependency proceedings, notice must be provided in accordance

19  with subsections (4) through (9).

20         (4)  The summons shall require the person on whom it is

21  served to appear for a hearing at a time and place specified,

22  not less than 72 24 hours after service of the summons.  A

23  copy of the petition shall be attached to the summons.

24         (8)  It is not necessary to the validity of a

25  proceeding covered by this part that the parents, caregivers,

26  or legal custodians be present if their identity or residence

27  is unknown after a diligent search has been made, but in this

28  event the petitioner shall file an affidavit of diligent

29  search prepared by the person who made the search and inquiry,

30  and the court may appoint a guardian ad litem for the child.

31         (10)  Service by publication shall not be required for

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  dependency hearings and the failure to serve a party or give

 2  notice to a participant shall not affect the validity of an

 3  order of adjudication or disposition if the court finds that

 4  the petitioner has completed a diligent search for that party

 5  or participant.

 6         (13)  Subpoenas may be served within the state by any

 7  person over 18 years of age who is not a party to the

 8  proceeding and, in addition, may be served by authorized

 9  agents of the department or the guardian ad litem.

10         Section 27.  Subsections (1) and (6) of section 39.503,

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

12         39.503  Identity or location of parent or legal

13  custodian unknown; special procedures.--

14         (1)  If the identity or location of a parent or legal

15  custodian is unknown and a petition for dependency or shelter

16  is filed, the court shall conduct the following inquiry of the

17  parent or legal custodian who is available, or, if no parent

18  or legal custodian is available, of any relative or custodian

19  of the child who is present at the hearing and likely to have

20  the information:

21         (a)  Whether the mother of the child was married at the

22  probable time of conception of the child or at the time of

23  birth of the child.

24         (b)  Whether the mother was cohabiting with a male at

25  the probable time of conception of the child.

26         (c)  Whether the mother has received payments or

27  promises of support with respect to the child or because of

28  her pregnancy from a man who claims to be the father.

29         (d)  Whether the mother has named any man as the father

30  on the birth certificate of the child or in connection with

31  applying for or receiving public assistance.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (e)  Whether any man has acknowledged or claimed

 2  paternity of the child in a jurisdiction in which the mother

 3  resided at the time of or since conception of the child, or in

 4  which the child has resided or resides.

 5         (6)  The diligent search required by subsection (5)

 6  must include, at a minimum, inquiries of all relatives of the

 7  parent or prospective parent made known to the petitioner,

 8  inquiries of all offices of program areas of the department

 9  likely to have information about the parent or prospective

10  parent, inquiries of other state and federal agencies likely

11  to have information about the parent or prospective parent,

12  inquiries of appropriate utility and postal providers, and

13  inquiries of appropriate law enforcement agencies. Pursuant to

14  s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(B)(4),

15  the department, as the state agency administering Titles IV-B

16  and IV-E of the act, shall be provided access to the federal

17  and state parent locator service for diligent search

18  activities.

19         Section 28.  Paragraph (a) of subsection (1) and

20  paragraph (a) of subsection (3) of section 39.504, Florida

21  Statutes, 1998 Supplement, are amended to read:

22         39.504  Injunction pending disposition of petition;

23  penalty.--

24         (1)(a)  When a petition for shelter placement detention

25  or a petition for dependency has been filed or when a child

26  has been taken into custody and reasonable cause, as defined

27  in paragraph (b), exists, the court, upon the request of the

28  department, a law enforcement officer, the state attorney, or

29  other responsible person, or upon its own motion, shall have

30  the authority to issue an injunction to prevent any act of

31  child abuse or any unlawful sexual offense involving a child.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (3)(a)  In every instance in which an injunction is

 2  issued under this section, the purpose of the injunction shall

 3  be primarily to protect and promote the best interests of the

 4  child, taking the preservation of the child's immediate family

 5  into consideration.  The effective period of the injunction

 6  shall be determined by the court, except that the injunction

 7  will expire at the time of the disposition of the petition for

 8  shelter placement detention or dependency.

 9         Section 29.  Section 39.506, Florida Statutes, 1998

10  Supplement, is amended to read:

11         39.506  Arraignment hearings.--

12         (1)  When a child has been sheltered detained by order

13  of the court, an arraignment hearing must be held no later

14  than 28 days after the shelter hearing, or, within 7 days

15  after the date of filing of the dependency petition if a

16  demand for early filing has been made by any party, for the

17  parent or legal custodian to admit, deny, or consent to

18  findings of dependency alleged in the petition. If the parent

19  or legal custodian admits or consents to the findings in the

20  petition, the court shall conduct a disposition hearing within

21  15 days after the arraignment hearing proceed as set forth in

22  the Florida Rules of Juvenile Procedure. However, if the

23  parent or legal custodian denies any of the allegations of the

24  petition, the court shall hold an adjudicatory hearing within

25  30 days after the date of the arraignment hearing unless a

26  continuance is granted pursuant to this chapter.

27         (2)  When a child is in the custody of the parent or

28  legal custodian, upon the filing of a petition the clerk shall

29  set a date for an arraignment hearing within a reasonable time

30  after the date of the filing. If the parent or legal custodian

31  admits or consents to an adjudication, the court shall conduct

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  a disposition hearing within 15 days after the arraignment

 2  hearing proceed as set forth in the Florida Rules of Juvenile

 3  Procedure. However, if the parent or legal custodian denies

 4  any of the allegations of dependency, the court shall hold an

 5  adjudicatory hearing within 30 days a reasonable time after

 6  the date of the arraignment hearing.

 7         (3)  Failure of a person served with notice to

 8  personally respond or appear at the arraignment hearing

 9  constitutes the person's consent to a dependency adjudication.

10  The document containing the notice to respond or appear must

11  contain, in type at least as large as the balance of the

12  document, the following or substantially similar language:

13  "FAILURE TO RESPOND TO THIS NOTICE OR TO PERSONALLY APPEAR AT

14  THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE

15  ADJUDICATION OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD

16  (OR CHILDREN) AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF

17  THIS CHILD (OR CHILDREN)." If a person appears for the

18  arraignment hearing and the court orders that person to

19  personally appear at the adjudicatory hearing for dependency,

20  stating the date, time, and place of the adjudicatory hearing,

21  then that person's failure to appear for the scheduled

22  adjudicatory hearing constitutes consent to a dependency

23  adjudication.

24         (4)  At the arraignment hearing, each party shall

25  provide to the court a permanent mailing address. The court

26  shall advise each party that this address will be used by the

27  court and the petitioner for notice purposes unless and until

28  the party notifies the court and the petitioner in writing of

29  a new mailing address.

30         (5)  If at the arraignment hearing the parent or legal

31  custodian consents or admits to the allegations in the

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  petition, the court shall proceed to hold a disposition

 2  dispositional hearing no more than 15 days after the date of

 3  the arraignment hearing unless a continuance is necessary.

 4         (6)  At any arraignment hearing, if the child is in an

 5  out-of-home placement, the court shall order visitation rights

 6  absent a clear and convincing showing that visitation is not

 7  in the best interest of the child.

 8         (7)  The court shall review whether the department has

 9  made a reasonable effort to prevent or eliminate the need for

10  removal or continued removal of the child from the home. If

11  the court determines that the department has not made such an

12  effort, the court shall order the department to provide

13  appropriate and available services to assure the protection of

14  the child in the home when such services are necessary for the

15  child's physical, mental, or emotional health and safety.

16         (8)  At the arraignment hearing, and no more than every

17  15 days thereafter until the child is returned home or a

18  disposition hearing has been conducted, the court shall review

19  the necessity for the child's continued placement in the

20  shelter. The court shall also make a written determination

21  regarding the child's continued placement in shelter within 24

22  hours after any violation of the time requirements for the

23  filing of a petition or prior to the court's granting any

24  continuance as specified in subsection (5).

25         (9)  At the conclusion of the arraignment hearing, all

26  parties shall be notified in writing by the court of the date,

27  time, and location for the next scheduled hearing.

28         Section 30.  Subsections (2), (5), (6), and (7) of

29  section 39.507, Florida Statutes, 1998 Supplement, are amended

30  to read:

31         39.507  Adjudicatory hearings; orders of

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  adjudication.--

 2         (2)  All hearings, except as provided in this section,

 3  shall be open to the public, and a person may not be excluded

 4  except on special order of the judge, who may close any

 5  hearing to the public upon determining that the public

 6  interest or the welfare of the child is best served by so

 7  doing. However, The parents or legal custodians shall be

 8  allowed to obtain discovery pursuant to the Florida Rules of

 9  Juvenile Procedure, provided such discovery does not violate.

10  However, nothing in this subsection shall be construed to

11  affect the provisions of s. 39.202. Hearings involving more

12  than one child may be held simultaneously when the children

13  involved are related to each other or were involved in the

14  same case. The child and the parents, caregivers, or legal

15  custodians of the child may be examined separately and apart

16  from each other.

17         (5)  If the court finds that the child named in the

18  petition is dependent, but finds that no action other than

19  supervision in the child's home is required, it may enter an

20  order briefly stating the facts upon which its finding is

21  based, but withholding an order of adjudication and placing

22  the child's home under the supervision of the department.  If

23  the court later finds that the parents, caregivers, or legal

24  custodians of the child have not complied with the conditions

25  of supervision imposed, the court may, after a hearing to

26  establish the noncompliance, but without further evidence of

27  the state of dependency, enter an order of adjudication and

28  shall thereafter have full authority under this chapter to

29  provide for the child as adjudicated. If the child is to

30  remain in an out-of-home placement by order of the court, the

31  court must adjudicate the child dependent.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (6)  If the court finds that the child named in a

 2  petition is dependent, but chooses not to withhold

 3  adjudication or is prohibited from withholding adjudication

 4  shall elect not to proceed under subsection (5), it shall

 5  incorporate that finding in an order of adjudication entered

 6  in the case, briefly stating the facts upon which the finding

 7  is made, and the court shall thereafter have full authority

 8  under this chapter to provide for the child as adjudicated.

 9         (7)  At the conclusion of the adjudicatory hearing, if

10  the child named in the petition is found dependent, the court

11  shall schedule the disposition hearing within 30 days after

12  the last day of the adjudicatory hearing the filing of the

13  adjudicatory order. All parties shall be notified in writing

14  at the conclusion of the adjudicatory hearing by the clerk of

15  the court of the date, time, and location of the disposition

16  hearing.

17         Section 31.  Section 39.508, Florida Statutes, 1998

18  Supplement, is amended to read:

19         39.508  Disposition hearings; powers of disposition.--

20         (1)  At the disposition hearing, if the court finds

21  that the facts alleged in the petition for dependency were

22  proven in the adjudicatory hearing, or if the parents,

23  caregivers, or legal custodians have consented to the finding

24  of dependency or admitted the allegations in the petition,

25  have failed to appear for the arraignment hearing after proper

26  notice, or have not been located despite a diligent search

27  having been conducted, the court shall receive and consider a

28  case plan and a predisposition study, which must be in writing

29  and presented by an authorized agent of the department.

30         (2)  The predisposition study shall cover for any

31  dependent child all factors specified in s. 61.13(3), and must

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  also provide the court with the following documented

 2  information:

 3         (a)  An assessment defining the dangers and risks of

 4  returning the child home, including a description of the

 5  changes in and resolutions to the initial risks.

 6         (b)  A description of what risks are still present and

 7  what resources are available and will be provided for the

 8  protection and safety of the child.

 9         (c)  A description of the benefits of returning the

10  child home.

11         (d)  A description of all unresolved issues.

12         (e)  An abuse registry history and criminal records

13  check for all caregivers, family members, and individuals

14  residing within the household.

15         (f)  The complete report and recommendation of the

16  child protection team of the Department of Health or, if no

17  report exists, a statement reflecting that no report has been

18  made.

19         (g)  All opinions or recommendations from other

20  professionals or agencies that provide evaluative, social,

21  reunification, or other services to the parent and child

22  family.

23         (h)  The availability of appropriate prevention and

24  reunification services for the parent and child family to

25  prevent the removal of the child from the home or to reunify

26  the child with the parent family after removal, including the

27  availability of family preservation services through the

28  Family Builders Program, the Intensive Crisis Counseling

29  Program, or both.

30         (i)  The inappropriateness of other prevention and

31  reunification services that were available.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (j)  The efforts by the department to prevent

 2  out-of-home placement of the child or, when applicable, to

 3  reunify the parent and child family if appropriate services

 4  were available, including the application of intensive family

 5  preservation services through the Family Builders Program, the

 6  Intensive Crisis Counseling Program, or both.

 7         (k)  Whether the services were provided to the parent

 8  family and child.

 9         (l)  If the services were provided, whether they were

10  sufficient to meet the needs of the child and the parent

11  family and to enable the child to remain safely at home or to

12  be returned home.

13         (m)  If the services were not provided, the reasons for

14  such lack of action.

15         (n)  The need for, or appropriateness of, continuing

16  the services if the child remains in the custody of the parent

17  family or if the child is placed outside the home.

18         (o)  Whether dependency family mediation was provided.

19         (p)  If the child has been removed from the home and

20  there is a parent, caregiver, or legal custodian who may be

21  considered for custody pursuant to this section, a

22  recommendation as to whether placement of the child with that

23  parent, caregiver, or legal custodian would be detrimental to

24  the child.

25         (q)  If the child has been removed from the home and

26  will be remaining with a relative or other adult approved by

27  the court caregiver, a home study report concerning the

28  proposed placement shall be included in the predisposition

29  report.

30         (r)  If the child has been removed from the home, a

31  determination of the amount of child support each parent will

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  be required to pay pursuant to s. 61.30.

 2

 3  Any other relevant and material evidence, including other

 4  written or oral reports, may be received by the court in its

 5  effort to determine the action to be taken with regard to the

 6  child and may be relied upon to the extent of its probative

 7  value, even though not competent in an adjudicatory hearing.

 8  Except as otherwise specifically provided, nothing in this

 9  section prohibits the publication of proceedings in a hearing.

10         (3)(a)1.  Section 435.045(1) notwithstanding, the

11  department may place a child in a foster home which otherwise

12  meets licensing requirements if state and local criminal

13  records checks do not disqualify the applicant and the

14  department has submitted fingerprint information to the

15  Florida Department of Law Enforcement for forwarding to the

16  Federal Bureau of Investigation and is awaiting the results of

17  the federal criminal records check.

18         2.  Prospective and approved foster parents must

19  disclose to the department any prior or pending local, state,

20  or federal criminal proceedings in which they are or have been

21  involved.

22         (b)(a)  Prior to recommending to the court any

23  out-of-home placement for a child other than placement in a

24  licensed shelter or foster home, the department shall conduct

25  a study of the home of the proposed legal custodians

26  caregivers, which must include, at a minimum:

27         1.  An interview with the proposed legal custodians

28  adult caregivers to assess their ongoing commitment and

29  ability to care for the child.

30         2.  Records checks through the department's automated

31  abuse information system, and local and statewide criminal and

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  juvenile records checks through the Department of Law

 2  Enforcement, on all household members 12 years of age or older

 3  and any other persons made known to the department who are

 4  frequent visitors in the home.

 5         3.  An assessment of the physical environment of the

 6  home.

 7         4.  A determination of the financial security of the

 8  proposed legal custodians caregivers.

 9         5.  A determination of suitable child care arrangements

10  if the proposed legal custodians caregivers are employed

11  outside of the home.

12         6.  Documentation of counseling and information

13  provided to the proposed legal custodians caregivers regarding

14  the dependency process and possible outcomes.

15         7.  Documentation that information regarding support

16  services available in the community has been provided to the

17  proposed legal custodians caregivers.

18         (c)(b)  The department shall not place the child or

19  continue the placement of the child in the home of the

20  proposed legal custodians caregivers if the results of the

21  home study are unfavorable.

22         (4)  If placement of the child with anyone other than

23  the child's parent, caregiver, or legal custodian is being

24  considered, the predisposition study shall include the

25  designation of a specific length of time as to when custody by

26  the parent, caregiver, or legal custodian will be

27  reconsidered.

28         (5)  The predisposition study may not be made before

29  the adjudication of dependency unless the parents, caregivers,

30  or legal custodians of the child consent.

31         (6)  A case plan and predisposition study must be filed

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  with the court and served upon the parents, caregivers, or

 2  legal custodians of the child, provided to the representative

 3  of the guardian ad litem program, if the program has been

 4  appointed, and provided to all other parties not less than 72

 5  hours before the disposition hearing. All such case plans must

 6  be approved by the court. If the court does not approve the

 7  case plan at the disposition hearing, the court must set a

 8  hearing within 30 days after the disposition hearing to review

 9  and approve the case plan.

10         (7)  The initial judicial review must be held no later

11  than 90 days after the date of the disposition hearing or

12  after the date of the hearing at which the court approves the

13  case plan, whichever occurs earlier, but in no event shall the

14  review be held later than 6 months after the date of the

15  child's removal from the home.

16         (8)  When any child is adjudicated by a court to be

17  dependent, and the court finds that removal of the child from

18  the custody of a parent or, legal custodian, or caregiver is

19  necessary, the court shall first determine whether there is a

20  parent with whom the child was not residing at the time the

21  events or conditions arose that brought the child within the

22  jurisdiction of the court who desires to assume custody of the

23  child and, if such parent requests custody, the court shall

24  place the child with the parent unless it finds that such

25  placement would endanger the safety, well-being, or physical,

26  mental, or emotional health of the child. Any party with

27  knowledge of the facts may present to the court evidence

28  regarding whether the placement will endanger the safety,

29  well-being, or physical, mental, or emotional health of the

30  child. If the court places the child with such parent, it may

31  do either of the following:

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (a)  Order that the parent assume sole custodial

 2  responsibilities for become the legal and physical custodian

 3  of the child. The court may also provide for reasonable

 4  visitation by the noncustodial parent. The court may shall

 5  then terminate its jurisdiction over the child. The custody

 6  order shall continue unless modified by a subsequent order of

 7  the circuit court hearing dependency matters. The order of the

 8  circuit juvenile court hearing dependency matters shall be

 9  filed in any dissolution or other custody action or proceeding

10  between the parents and shall take precedence over other

11  custody and visitation orders entered in those actions.

12         (b)  Order that the parent assume custody subject to

13  the jurisdiction of the circuit juvenile court hearing

14  dependency matters. The court may order that reunification

15  services be provided to the parent, caregiver, or legal

16  custodian from whom the child has been removed, that services

17  be provided solely to the parent who is assuming physical

18  custody in order to allow that parent to retain later custody

19  without court jurisdiction, or that services be provided to

20  both parents, in which case the court shall determine at every

21  review hearing which parent, if either, shall have custody of

22  the child. The standard for changing custody of the child from

23  one parent to another or to a relative or another adult

24  approved by the court shall be the best interest of the child

25  caregiver must meet the home study criteria and court approval

26  pursuant to this chapter.

27         (9)(a)  When any child is adjudicated by a court to be

28  dependent, the court having jurisdiction of the child has the

29  power, by order, to:

30         1.  Require the parent, caregiver, or legal custodian,

31  and the child when appropriate, to participate in treatment

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  and services identified as necessary.

 2         2.  Require the parent, caregiver, or legal custodian,

 3  and the child when appropriate, to participate in mediation if

 4  the parent, caregiver, or legal custodian refused to

 5  participate in mediation.

 6         3.  Place the child under the protective supervision of

 7  an authorized agent of the department, either in the child's

 8  own home or, the prospective custodian being willing, in the

 9  home of a relative of the child or of another adult a

10  caregiver approved by the court, or in some other suitable

11  place under such reasonable conditions as the court may

12  direct. Protective supervision continues until the court

13  terminates it or until the child reaches the age of 18,

14  whichever date is first. Protective supervision shall be

15  terminated by the court whenever the court determines that

16  permanency has been achieved for the child, whether with a

17  parent, another relative, or a legal custodian, or a

18  caregiver, and that protective supervision is no longer

19  needed.  The termination of supervision may be with or without

20  retaining jurisdiction, at the court's discretion, and shall

21  in either case be considered a permanency option for the

22  child.  The order terminating supervision by the department

23  shall set forth the powers of the custodian of the child and

24  shall include the powers ordinarily granted to a guardian of

25  the person of a minor unless otherwise specified. Upon the

26  court's termination of supervision by the department, no

27  further judicial reviews are required, so long as permanence

28  has been established for the child.

29         4.  Place the child in the temporary legal custody of

30  an adult relative or other adult caregiver approved by the

31  court who is willing to care for the child. The department

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  must supervise this placement until the child reaches

 2  permanency status in this home, and in no case for a period of

 3  less than 6 months. Permanency in a relative placement shall

 4  be by adoption, long-term custody, or guardianship.

 5         5.a.  When the parents have failed to comply with a

 6  case plan and the court determines at a judicial review

 7  hearing, or at an adjudication hearing held pursuant to this

 8  section, that neither reunification, termination of parental

 9  rights, nor adoption is in the best interest of the child, the

10  court may place the child in the long-term custody of an adult

11  relative or other adult caregiver approved by the court

12  willing to care for the child, if all of the following

13  conditions are met:

14         (I)  A case plan describing the responsibilities of the

15  relative or other adult caregiver, the department, and any

16  other party must have been submitted to the court.

17         (II)  The case plan for the child does not include

18  reunification with the parents or adoption by the relative or

19  other adult caregiver.

20         (III)  The child and the relative or other adult

21  caregiver are determined not to need protective supervision or

22  preventive services to ensure the stability of the long-term

23  custodial relationship, or the department assures the court

24  that protective supervision or preventive services will be

25  provided in order to ensure the stability of the long-term

26  custodial relationship.

27         (IV)  Each party to the proceeding agrees that a

28  long-term custodial relationship does not preclude the

29  possibility of the child returning to the custody of the

30  parent at a later date, should the parent demonstrate a

31  material change in circumstances and the return of the child

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  to the parent is in the child's best interest.

 2         (V)  The court has considered the reasonable preference

 3  of the child if the court has found the child to be of

 4  sufficient intelligence, understanding, and experience to

 5  express a preference.

 6         (VI)  The court has considered the recommendation of

 7  the guardian ad litem if one has been appointed.

 8         (VII)  The relative or other adult has made a

 9  commitment to provide for the child until the child reaches

10  the age of majority and to prepare the child for adulthood and

11  independence.

12         (VIII)  The relative or other adult agrees not to

13  return the child to the physical care and custody of the

14  person from whom the child was removed, including for short

15  visitation periods, without the approval of the court.

16         b.  The court shall retain jurisdiction over the case,

17  and the child shall remain in the long-term custody of the

18  relative or other adult caregiver approved by the court until

19  the order creating the long-term custodial relationship is

20  modified by the court. The court shall discontinue regular

21  judicial review hearings and may relieve the department of the

22  responsibility for supervising the placement of the child

23  whenever the court determines that the placement is stable and

24  that such supervision is no longer needed. The child must be

25  in the placement for a minimum of 6 continuous months before

26  the court may consider termination of the department's

27  supervision. Notwithstanding the retention of jurisdiction,

28  the placement shall be considered a permanency option for the

29  child when the court relieves the department of the

30  responsibility for supervising the placement.  The order

31  terminating supervision by the department shall set forth the

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  powers of the custodian of the child and shall include the

 2  powers ordinarily granted to a guardian of the person of a

 3  minor unless otherwise specified. The court may modify the

 4  order terminating supervision of the long-term relative or

 5  caregiver placement if it finds that a party to the proceeding

 6  has shown a material change in circumstances which causes the

 7  long-term relative or caregiver placement is to be no longer

 8  in the best interest of the child.

 9         6.a.  Approve placement of the child in long-term

10  out-of-home care, when the following conditions are met:

11         (I)  The foster child is 16 years of age or older,

12  unless the court determines that the history or condition of a

13  younger child makes long-term out-of-home care the most

14  appropriate placement.

15         (II)  The child demonstrates no desire to be placed in

16  an independent living arrangement pursuant to this subsection.

17         (III)  The department's social services study pursuant

18  to part VIII recommends long-term out-of-home care.

19

20  b.  Long-term out-of-home care under the above conditions

21  shall not be considered a permanency option.

22         b.c.  The court may approve placement of the child in

23  long-term out-of-home care, as a permanency option, when all

24  of the following conditions are met:

25         (I)  The child is 14 years of age or older.,

26         (II)  The child is living in a licensed home and the

27  foster parents desire to provide care for the child on a

28  permanent basis and the foster parents and the child do not

29  desire adoption.,

30         (III)  The foster family has made a commitment to

31  provide for the child until he or she reaches the age of

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  majority and to prepare the child for adulthood and

 2  independence., and

 3         (IV)  The child has remained in the home for a

 4  continuous period of no less than 12 months.

 5         (V)  The foster parents and the child view one another

 6  as family and consider living together as the best place for

 7  the child to be on a permanent basis.

 8         (VI)  The department's social services study recommends

 9  such placement and finds the child's well-being has been

10  promoted through living with the foster parents.

11

12  d.  Notwithstanding the retention of jurisdiction and

13  supervision by the department, long-term out-of-home care

14  placements made pursuant to this section shall be considered a

15  permanency option for the child.  For purposes of this

16  subsection, supervision by the department shall be defined as

17  a minimum of semiannual visits.  The order placing the child

18  in long-term out-of-home care as a permanency option shall set

19  forth the powers of the custodian of the child and shall

20  include the powers ordinarily granted to a guardian of the

21  person of a minor unless otherwise specified.  The court may

22  modify the permanency option of long-term out-of-home care if

23  it finds that a party to the proceeding has shown a material

24  change in circumstances which causes the placement is to be no

25  longer in the best interests of the child.

26         c.e.  Approve placement of the child in an independent

27  living arrangement for any foster child 16 years of age or

28  older, if it can be clearly established that this type of

29  alternate care arrangement is the most appropriate plan and

30  that the health, safety, and well-being of the child will not

31  be jeopardized by such an arrangement. While in independent

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  living situations, children whose legal custody has been

 2  awarded to the department or a licensed child-caring or

 3  child-placing agency, or who have been voluntarily placed with

 4  such an agency by a parent, guardian, relative, or adult

 5  nonrelative approved by the court, continue to be subject to

 6  court review provisions.

 7         7.  Commit the child to the temporary legal custody of

 8  the department. Such commitment invests in the department all

 9  rights and responsibilities of a legal custodian. The

10  department shall not return any child to the physical care and

11  custody of the person from whom the child was removed, except

12  for court-approved short visitation periods, without the

13  approval of the court. The term of such commitment continues

14  until terminated by the court or until the child reaches the

15  age of 18. After the child is committed to the temporary

16  custody of the department, all further proceedings under this

17  section are also governed by this chapter.

18         8.a.  Change the temporary legal custody or the

19  conditions of protective supervision at a postdisposition

20  hearing subsequent to the initial detention hearing, without

21  the necessity of another adjudicatory hearing. A child who has

22  been placed in the child's own home under the protective

23  supervision of an authorized agent of the department, in the

24  home of a relative, in the home of a legal custodian or

25  caregiver, or in some other place may be brought before the

26  court by the agent of the department who is supervising the

27  placement or by any other interested person, upon the filing

28  of a petition alleging a need for a change in the conditions

29  of protective supervision or the placement. If the parents or

30  other legal custodians deny the need for a change, the court

31  shall hear all parties in person or by counsel, or both. Upon

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  the admission of a need for a change or after such hearing,

 2  the court shall enter an order changing the placement,

 3  modifying the conditions of protective supervision, or

 4  continuing the conditions of protective supervision as

 5  ordered. The standard for changing custody of the child shall

 6  be the best interest of the child. If the child is not placed

 7  in foster care, then the new placement for the child from one

 8  parent to another or to a relative or caregiver must meet the

 9  home study criteria and court approval pursuant to this

10  chapter.

11         b.  In cases where the issue before the court is

12  whether a child should be reunited with a parent, the court

13  shall determine whether the parent has substantially complied

14  with the terms of the case plan to the extent that the safety,

15  well-being, and physical, mental, and emotional health of the

16  child is not endangered by the return of the child to the

17  home.

18         (b)  The court shall, in its written order of

19  disposition, include all of the following:

20         1.  The placement or custody of the child as provided

21  in paragraph (a).

22         2.  Special conditions of placement and visitation.

23         3.  Evaluation, counseling, treatment activities, and

24  other actions to be taken by the parties, if ordered.

25         4.  The persons or entities responsible for supervising

26  or monitoring services to the child and parent family.

27         5.  Continuation or discharge of the guardian ad litem,

28  as appropriate.

29         6.  The date, time, and location of the next scheduled

30  review hearing, which must occur within 90 days after the

31  disposition hearing or within the earlier of:

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         a.  Ninety days after the disposition hearing;

 2         b.  Ninety days after the court accepts the case plan;

 3         c.a.  Six months after the date of the last review

 4  hearing; or

 5         d.b.  Six months after the date of the child's removal

 6  from his or her home, if no review hearing has been held since

 7  the child's removal from the home.

 8         7.  Other requirements necessary to protect the health,

 9  safety, and well-being of the child, to preserve the stability

10  of the child's educational placement, and to promote family

11  preservation or reunification whenever possible.

12         (c)  If the court finds that the prevention or

13  reunification efforts of the department will allow the child

14  to remain safely at home or be safely returned to the home,

15  the court shall allow the child to remain in or return to the

16  home after making a specific finding of fact that the reasons

17  for removal have been remedied to the extent that the child's

18  safety, well-being, and physical, mental, and emotional health

19  will not be endangered.

20         (d)  If the court places commits the child in an

21  out-of-home placement to the temporary legal custody of the

22  department, the disposition order must include a written

23  determination that the child cannot safely remain at home with

24  reunification or family preservation services and that removal

25  of the child is necessary to protect the child. If the child

26  has been removed before the disposition hearing, the order

27  must also include a written determination as to whether, after

28  removal, the department has made a reasonable effort to

29  reunify the parent and child, if reasonable efforts are

30  required family. Reasonable efforts to reunify are not

31  required if the court has found that any of the acts listed in

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  s. 39.806(1)(f)-(i) have occurred. The department has the

 2  burden of demonstrating that it has made reasonable efforts

 3  under this paragraph.

 4         1.  For the purposes of this paragraph, the term

 5  "reasonable effort" means the exercise of reasonable diligence

 6  and care by the department to provide the services delineated

 7  in the case plan.

 8         2.  In support of its determination as to whether

 9  reasonable efforts have been made, the court shall:

10         a.  Enter written findings as to whether or not

11  prevention or reunification efforts were indicated.

12         b.  If prevention or reunification efforts were

13  indicated, include a brief written description of what

14  appropriate and available prevention and reunification efforts

15  were made.

16         c.  Indicate in writing why further efforts could or

17  could not have prevented or shortened the separation of the

18  parent and child family.

19         3.  A court may find that the department has made a

20  reasonable effort to prevent or eliminate the need for removal

21  if:

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

23  occurs during an emergency;.

24         b.  The appraisal by the department of the home

25  situation indicates that it presents a substantial and

26  immediate danger to the child's safety or physical, mental, or

27  emotional health which cannot be mitigated by the provision of

28  preventive services;.

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

30  because there are no preventive services that can ensure the

31  health and safety of the child or, even with appropriate and

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  available services being provided, the health and safety of

 2  the child cannot be ensured; or.

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

 4  committed any of the acts listed as grounds for expedited

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

 6         4.  A reasonable effort by the department for

 7  reunification of the parent and child family has been made if

 8  the appraisal of the home situation by the department

 9  indicates that the severity of the conditions of dependency is

10  such that reunification efforts are inappropriate. The

11  department has the burden of demonstrating to the court that

12  reunification efforts were inappropriate.

13         5.  If the court finds that the prevention or

14  reunification effort of the department would not have

15  permitted the child to remain safely at home, the court may

16  commit the child to the temporary legal custody of the

17  department or take any other action authorized by this

18  chapter.

19         (10)(a)  When any child is adjudicated by the court to

20  be dependent and temporary legal custody of the child has been

21  placed with an adult relative, legal custodian, or other adult

22  caregiver approved by the court, a licensed child-caring

23  agency, or the department, the court shall, unless a parent

24  has voluntarily executed a written surrender for purposes of

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

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

27  for the care, support, and maintenance of the child, to pay

28  child support to the adult relative, legal custodian, or

29  caregiver caring for the child, the licensed child-caring

30  agency, or the department. The court may exercise jurisdiction

31  over all child support matters, shall adjudicate the financial

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  obligation, including health insurance, of the child's parents

 2  or guardian, and shall enforce the financial obligation as

 3  provided in chapter 61. The state's child support enforcement

 4  agency shall enforce child support orders under this section

 5  in the same manner as child support orders under chapter 61.

 6         (b)  Placement of the child pursuant to subsection (8)

 7  shall not be contingent upon issuance of a support order.

 8         (11)(a)  If the court does not commit the child to the

 9  temporary legal custody of an adult relative, legal custodian,

10  or other adult caregiver approved by the court, the

11  disposition order shall include the reasons for such a

12  decision and shall include a determination as to whether

13  diligent efforts were made by the department to locate an

14  adult relative, legal custodian, or other adult caregiver

15  willing to care for the child in order to present that

16  placement option to the court instead of placement with the

17  department.

18         (b)  If diligent efforts are made to locate an adult

19  relative willing and able to care for the child but, because

20  no suitable relative is found, the child is placed with the

21  department or a legal custodian or other adult approved by the

22  court caregiver, both the department and the court shall

23  consider transferring temporary legal custody to an adult

24  relative approved by the court at a later date, but neither

25  the department nor the court is obligated to so place the

26  child if it is in the child's best interest to remain in the

27  current placement. For the purposes of this paragraph,

28  "diligent efforts to locate an adult relative" means a search

29  similar to the diligent search for a parent, but without the

30  continuing obligation to search after an initial adequate

31  search is completed.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (12)  An agency granted legal custody shall have the

 2  right to determine where and with whom the child shall live,

 3  but an individual granted legal custody shall exercise all

 4  rights and duties personally unless otherwise ordered by the

 5  court.

 6         (13)  In carrying out the provisions of this chapter,

 7  the court may order the natural parents, caregivers, or legal

 8  custodians of a child who is found to be dependent to

 9  participate in family counseling and other professional

10  counseling activities deemed necessary for the rehabilitation

11  of the child.

12         (14)  With respect to a child who is the subject in

13  proceedings under this chapter, the court shall issue to the

14  department an order to show cause why it should not return the

15  child to the custody of the natural parents, legal custodians,

16  or caregivers upon expiration of the case plan, or sooner if

17  the parents, legal custodians, or caregivers have

18  substantially complied with the case plan.

19         (15)  The court may at any time enter an order ending

20  its jurisdiction over a any child, except that, when a child

21  has been returned to the parents under subsection (14),

22  provided the court shall not terminate its jurisdiction or the

23  department's supervision over the child until 6 months after

24  the child's return. Based on a report of the department or

25  agency or the child's guardian ad litem, and any other

26  relevant factors, The court shall then determine whether its

27  jurisdiction should be continued or terminated in such a case

28  based on a report of the department or agency or the child's

29  guardian ad litem, and any other relevant factors; if its

30  jurisdiction is to be terminated, the court shall enter an

31  order to that effect.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         Section 32.  Paragraphs (a) and (d) of subsection (2)

 2  of section 39.5085, Florida Statutes, 1998 Supplement, are

 3  amended to read:

 4         39.5085  Relative Caregiver Program.--

 5         (2)(a)  The Department of Children and Family Services

 6  shall establish and operate the Relative Caregiver Program

 7  pursuant to eligibility guidelines established in this section

 8  as further implemented by rule of the department. The Relative

 9  Caregiver Program shall, within the limits of available

10  funding, provide financial assistance to relatives who are

11  within the fifth degree by blood or marriage to the parent or

12  stepparent of a child and who are caring full-time for that

13  child in the role of substitute parent as a result of a

14  court's departmental determination of child abuse, neglect, or

15  abandonment and subsequent placement with the relative

16  pursuant to this chapter. Such placement may be either

17  court-ordered temporary legal custody to the relative pursuant

18  to s. 39.508(9)(a)4., or court-ordered placement in the home

19  of a relative under protective supervision of the department

20  pursuant to s. 39.508(9)(a)3.  The Relative Caregiver Program

21  shall offer financial assistance to caregivers who are

22  relatives and who would be unable to serve in that capacity

23  without the relative caregiver payment because of financial

24  burden, thus exposing the child to the trauma of placement in

25  a shelter or in foster care.

26         (d)  Relatives who are caring for children placed with

27  them by the court pursuant to this chapter child protection

28  system shall receive a special monthly relative caregiver

29  benefit established by rule of the department.  The amount of

30  the special benefit payment shall be based on the child's age

31  within a payment schedule established by rule of the

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  department and subject to availability of funding. The

 2  statewide average monthly rate for children judicially placed

 3  with relatives who are not licensed as foster homes may not

 4  exceed 82 percent of the statewide average foster care rate,

 5  nor may the cost of providing the assistance described in this

 6  section to any relative caregiver exceed the cost of providing

 7  out-of-home care in emergency shelter or foster care.

 8         Section 33.  Section 39.509, Florida Statutes, 1998

 9  Supplement, is amended to read:

10         39.509  Grandparents rights.--Notwithstanding any other

11  provision of law, a maternal or paternal grandparent as well

12  as a stepgrandparent is entitled to reasonable visitation with

13  his or her grandchild who has been adjudicated a dependent

14  child and taken from the physical custody of the parent,

15  custodian, legal guardian, or caregiver unless the court finds

16  that such visitation is not in the best interest of the child

17  or that such visitation would interfere with the goals of the

18  case plan. Reasonable visitation may be unsupervised and,

19  where appropriate and feasible, may be frequent and

20  continuing.

21         (1)  Grandparent visitation may take place in the home

22  of the grandparent unless there is a compelling reason for

23  denying such a visitation. The department's caseworker shall

24  arrange the visitation to which a grandparent is entitled

25  pursuant to this section.  The state shall not charge a fee

26  for any costs associated with arranging the visitation.

27  However, the grandparent shall pay for the child's cost of

28  transportation when the visitation is to take place in the

29  grandparent's home.  The caseworker shall document the reasons

30  for any decision to restrict a grandparent's visitation.

31         (2)  A grandparent entitled to visitation pursuant to

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  this section shall not be restricted from appropriate displays

 2  of affection to the child, such as appropriately hugging or

 3  kissing his or her grandchild.  Gifts, cards, and letters from

 4  the grandparent and other family members shall not be denied

 5  to a child who has been adjudicated a dependent child.

 6         (3)  Any attempt by a grandparent to facilitate a

 7  meeting between the child who has been adjudicated a dependent

 8  child and the child's parent or legal, custodian, or any other

 9  person legal guardian, or caregiver in violation of a court

10  order shall automatically terminate future visitation rights

11  of the grandparent.

12         (4)  When the child has been returned to the physical

13  custody of his or her parent or permanent custodian, legal

14  guardian, or caregiver, the visitation rights granted pursuant

15  to this section shall terminate.

16         (5)  The termination of parental rights does not affect

17  the rights of grandparents unless the court finds that such

18  visitation is not in the best interest of the child or that

19  such visitation would interfere with the goals of permanency

20  planning for the child.

21         (6)  In determining whether grandparental visitation is

22  not in the child's best interest, consideration may be given

23  to the finding of guilt, regardless of adjudication, or entry

24  or plea of guilty or nolo contendere to charges under the

25  following statutes, or similar statutes of other

26  jurisdictions:  s. 787.04, relating to removing minors from

27  the state or concealing minors contrary to court order; s.

28  794.011, relating to sexual battery; s. 798.02, relating to

29  lewd and lascivious behavior; chapter 800, relating to

30  lewdness and indecent exposure; or chapter 827, relating to

31  the abuse of children.  Consideration may also be given to a

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  report finding of confirmed abuse, abandonment, or neglect

 2  under ss. 415.101-415.113 or this chapter and the outcome of

 3  the investigation concerning such report.

 4         Section 34.  Subsections (1) and (2) of section 39.510,

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

 6         39.510  Appeal.--

 7         (1)  Any child, parent, guardian ad litem, caregiver,

 8  or legal custodian of any child, any other party to the

 9  proceeding who is affected by an order of the court, or the

10  department may appeal to the appropriate district court of

11  appeal within the time and in the manner prescribed by the

12  Florida Rules of Appellate Procedure. Appointed counsel shall

13  be compensated as provided in this chapter.

14         (2)  When the notice of appeal is filed in the circuit

15  court by a party other than the department, an attorney for

16  the department shall represent the state and the court upon

17  appeal and shall be notified of the appeal by the clerk when

18  the notice of appeal is filed in the circuit court by a party

19  other than the department.

20         Section 35.  Section 39.601, Florida Statutes, 1998

21  Supplement, is amended to read:

22         39.601  Case plan requirements.--

23         (1)  The department or agent of the department shall

24  develop a case plan for each child or child's family receiving

25  services pursuant to this chapter.  A parent, caregiver, or

26  legal custodian of a child may not be required nor coerced

27  through threat of loss of custody or parental rights to admit

28  in the case plan to abusing, neglecting, or abandoning a

29  child. Where dependency mediation services are available and

30  appropriate to the best interests of the child, the court may

31  refer the case to mediation for development of a case plan.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  This section does not change the provisions of s. 39.807.

 2         (a)  The case plan must be developed in conference with

 3  the parent, caregiver, or legal custodian of the child and any

 4  court-appointed guardian ad litem and, if appropriate, the

 5  child.

 6         (b)  The case plan must be written simply and clearly

 7  in English and, if English is not the principal language of

 8  the child's parent, caregiver, or legal custodian, to the

 9  extent possible in such principal language.

10         (c)  The case plan must describe the minimum number of

11  face-to-face meetings to be held each month between the

12  parents, caregivers, or legal custodians and the department's

13  caseworkers to review progress of the plan, to eliminate

14  barriers to progress, and to resolve conflicts or

15  disagreements.

16         (d)  The case plan must be subject to modification

17  based on changing circumstances.

18         (e)  The case plan must be signed by all parties.

19         (f)  The case plan must be reasonable, accurate, and in

20  compliance with the requirements of other court orders.

21         (2)  When the child or parent family is receiving

22  services, the case plan must include, in addition to the

23  requirements in subsection (1), at a minimum:

24         (a)  A description of the problem being addressed that

25  includes the behavior or act of a parent, legal custodian, or

26  caregiver resulting in risk to the child and the reason for

27  the department's intervention.

28         (b)  A description of the tasks with which the parent

29  must comply and the services to be provided to the parent

30  family and child specifically addressing the identified

31  problem, including:

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         1.  Type of services or treatment.

 2         2.  Frequency of services or treatment.

 3         3.  Location of the delivery of the services.

 4         4.  The accountable department staff or service

 5  provider.

 6         (c)  A description of the measurable objectives,

 7  including timeframes for achieving objectives, addressing the

 8  identified problem.

 9         (3)  When the child is receiving services in an

10  out-of-home a placement outside the child's home or in foster

11  care, the case plan must be filed with submitted to the court,

12  for approval by the court, at least 72 hours prior to at the

13  disposition hearing.  The case plan must be served on all

14  parties whose whereabouts are known at least 72 hours prior to

15  the disposition hearing and must include, in addition to the

16  requirements in subsections (1) and (2), at a minimum:

17         (a)  A description of the permanency goal for the

18  child, including the type of placement. Reasonable efforts to

19  place a child in a home that will serve as an adoptive

20  placement if reunification is not successful, for adoption or

21  with a legal custodian, guardian may be made concurrently with

22  reasonable efforts to prevent removal of the child from the

23  home or make it possible for the child to return safely home.

24         (b)  A description of the type of home or institution

25  in which the child is to be placed.

26         (c)  A description of the financial support obligation

27  to the child, including health insurance, of the child's

28  parent, parents, caregiver, or legal custodian.

29         (d)  A description of the visitation rights and

30  obligations of the parent or parents, caregiver, or legal

31  custodian during the period the child is in care.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (e)  A discussion of the safety and appropriateness of

 2  the child's placement, which placement is intended to be safe,

 3  the least restrictive and most family-like setting available

 4  consistent with the best interest and special needs of the

 5  child, and in as close proximity as possible to the child's

 6  home. The plan must also establish the role for the foster

 7  parents or legal custodians in the development of the services

 8  which are to be provided to the child, foster parents, or

 9  legal custodians. It must also address the child's need for

10  services while under the jurisdiction of the court and

11  implementation of these services in the case plan.

12         (f)  A description of the efforts to be undertaken to

13  maintain the stability of the child's educational placement.

14         (g)  A discussion of the department's plans to carry

15  out the judicial determination made by the court, with respect

16  to the child, in accordance with this chapter and applicable

17  federal regulations.

18         (h)  A description of the plan for assuring that

19  services outlined in the case plan are provided to the child

20  and the child's parent or parents, legal custodians, or

21  caregivers, to improve the conditions in the family home and

22  facilitate either the safe return of the child to the home or

23  the permanent placement of the child.

24         (i)  A description of the plan for assuring that

25  services as outlined in the case plan are provided to the

26  child, and the child's parent or parents, and the child's

27  legal custodians, or caregivers, to address the needs of the

28  child, and a discussion of the appropriateness of the

29  services.

30         (j)  A description of the plan for assuring that

31  services are provided to the child and the child's legal

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  custodians or foster parents to address the needs of the child

 2  while in an out-of-home placement foster care, which shall

 3  include an itemized list of costs to be borne by the parent or

 4  caregiver associated with any services or treatment that the

 5  parent and child are expected to receive.

 6         (k)  A written notice to the parent that failure of the

 7  parent to substantially comply with the case plan may result

 8  in the termination of parental rights, and that a material

 9  failure to substantially comply may result in the filing of a

10  petition for termination of parental rights sooner than the

11  compliance periods set forth in the case plan itself. The case

12  staffing committee shall coordinate its efforts with the child

13  protection team of the Department of Health.

14         (l)  In the case of a child for whom the permanency

15  plan is adoption or placement in another permanent home,

16  documentation of the steps the agency is taking to find an

17  adoptive family or other permanent living arrangement for the

18  child, to place the child with an adoptive family, with a fit

19  and willing relative, with a legal custodian guardian, or in

20  another planned permanent living arrangement, and to finalize

21  the adoption, or legal guardianship, or long-term custodial

22  relationship. At a minimum, such documentation shall include

23  child-specific recruitment efforts such as the use of state,

24  regional, and national adoption exchanges, including

25  electronic exchange systems.

26         (4)  In the event that the parents, legal custodians,

27  or caregivers are unwilling or unable to participate in the

28  development of a case plan, the department shall document that

29  unwillingness or inability to participate. Such documentation

30  must be provided in writing to the parent, legal custodians,

31  or caregivers when available for the court record, and then

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  the department shall prepare a case plan conforming as nearly

 2  as possible with the requirements set forth in this section.

 3  The unwillingness or inability of the parents, legal

 4  custodians, or caregivers to participate in the development of

 5  a case plan shall not in itself bar the filing of a petition

 6  for dependency or for termination of parental rights. The

 7  parents, legal custodians, or caregivers, if available, must

 8  be provided a copy of the case plan and be advised that they

 9  may, at any time prior to the filing of a petition for

10  termination of parental rights, enter into a case plan and

11  that they may request judicial review of any provision of the

12  case plan with which they disagree at any court review hearing

13  set for the child.

14         (5)  The services delineated in the case plan must be

15  designed either to improve the conditions in the family home

16  and aid in maintaining the child in the home, to facilitate

17  the safe return of the child to the family home, or to

18  facilitate the permanent placement of the child. The service

19  intervention must be the least intrusive possible into the

20  life of the parent and child family, must focus on clearly

21  defined objectives, and must provide the most efficient path

22  to quick reunification or permanent placement, with the

23  child's health and safety being paramount. To the extent

24  possible, the service intervention must be grounded in outcome

25  evaluation results that demonstrate success in the

26  reunification or permanent placement process. In designing

27  service interventions, generally recognized standards of the

28  professions involved in the process must be taken into

29  consideration.

30         (6)  After jurisdiction attaches, all case plans must

31  be filed with the court and a copy provided to all the

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  parents, caregivers, or legal custodians of the child, to the

 2  representative of the guardian ad litem program if the program

 3  has been appointed, and to all other parties whose whereabouts

 4  are known, not less than 72 hours before the disposition

 5  hearing. All such case plans must be approved by the court.

 6  The department shall also file with the court all case plans

 7  prepared before jurisdiction of the court attached. If, after

 8  review of the case plan, the court does not approve accept the

 9  case plan, the court shall require the parties to make

10  necessary modifications to the plan. An amended plan must be

11  submitted to the court for review and approval within 30 days

12  after the hearing on the case plan. This amended plan must be

13  served on all parties whose whereabouts are known, at least 72

14  hours prior to filing with the court.

15         (7)  The case plan must be limited to as short a period

16  as possible for the accomplishment of its provisions. Unless

17  extended, the plan expires no later than 12 months after the

18  date the child was initially removed from the home or the date

19  the case plan was accepted by the court, whichever comes

20  first.

21         (8)  The case plan must meet applicable federal and

22  state requirements.

23         (9)(a)  In each case in which the custody of a child

24  has been vested, either voluntarily or involuntarily, in the

25  department and the child has been placed in out-of-home care,

26  a case plan must be prepared within 60 days after the

27  department removes the child from the home, and shall be

28  submitted to the court before the disposition hearing, for the

29  court to review and approve accept. If the preparation of a

30  case plan, in conference with the parents and other pertinent

31  parties, cannot be completed before the disposition hearing,

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    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  for good cause shown, the court may grant an extension not to

 2  exceed 30 days and set a hearing to review and approve accept

 3  the case plan.

 4         (b)  The parent or parents, legal custodians, or

 5  caregivers may receive assistance from any person or social

 6  service agency in the preparation of the case plan.

 7         (c)  The social service agency, the department, and the

 8  court, when applicable, shall inform the parent or parents,

 9  legal custodians, or caregivers of the right to receive such

10  assistance, including the right to assistance of counsel.

11         (d)  Before the signing of the case plan, the

12  authorized agent of the department shall explain it to all

13  persons involved in its implementation, including, when

14  appropriate, the child.

15         (e)  After the case plan has been agreed upon and

16  signed by the parties involved, a copy of the plan must be

17  given immediately to the parents, the department or agency,

18  the foster parents or caregivers, the legal custodian, the

19  caregiver, the representative of the guardian ad litem program

20  if the program is appointed, and any other parties identified

21  by the court, including the child, if appropriate.

22         (f)  The case plan may be amended at any time if all

23  parties are in agreement regarding the revisions to the plan

24  and the plan is submitted to the court with a memorandum of

25  explanation, if the court approves such amendment. The case

26  plan may also be amended by the court or upon motion of any

27  party at a hearing, based on competent evidence demonstrating

28  the need for the amendment. A copy of the amended plan must be

29  immediately given to the persons parties specified in

30  paragraph (e).

31         (10)  A case plan must be prepared, but need not be

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  submitted to the court, for a child who will be in care no

 2  longer than 30 days unless that child is placed in out-of-home

 3  care a second time within a 12-month period.

 4         Section 36.  Subsection (1) and paragraph (a) of

 5  subsection (4) of section 39.602, Florida Statutes, 1998

 6  Supplement, are amended to read:

 7         39.602  Case planning when parents, legal custodians,

 8  or caregivers do not participate and the child is in

 9  out-of-home care.--

10         (1)  In the event the parents, legal custodians, or

11  caregivers will not or cannot participate in preparation of a

12  case plan, the department shall submit a full explanation of

13  the circumstances and state the nature of its efforts to

14  secure such persons' participation in the preparation of a

15  case plan.

16         (4)(a)  At least 72 hours prior to the hearing in which

17  the court will consider approval of the case plan filing of a

18  plan, all parties must be provided with a copy of the plan

19  developed by the department.  If the location of one or both

20  parents is unknown, this must be documented in writing and

21  included in the plan submitted to the court.  After the filing

22  of the plan, if the location of an absent parent becomes

23  known, that parent must be served with a copy of the plan.

24         Section 37.  Subsections (2) and (3) of section 39.603,

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

26         39.603  Court approvals of case planning.--

27         (2)  When the court determines that any of the elements

28  considered at the hearing related to the plan have not been

29  met, the court shall require the parties to make necessary

30  amendments to the plan. The amended plan must be submitted to

31  the court for review and approval within 30 days after the

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  hearing a time certain specified by the court. A copy of the

 2  amended plan must also be provided to each party parent, if

 3  the location of the party parent is known, at least 72 hours

 4  prior to filing with the court.

 5         (3)  A parent who has not participated in the

 6  development of a case plan must be served with a copy of the

 7  plan developed by the department, if the parent can be

 8  located, at least 72 48 hours prior to the court hearing. Any

 9  parent is entitled to, and may seek, a court review of the

10  plan prior to the initial judicial review and must be informed

11  of this right by the department at the time the department

12  serves the parent with a copy of the plan.  If the location of

13  an absent parent becomes known to the department, the

14  department shall inform the parent of the right to a court

15  review at the time the department serves the parent with a

16  copy of the case plan.

17         Section 38.  Section 39.701, Florida Statutes, 1998

18  Supplement, is amended to read:

19         39.701  Judicial review.--

20         (1)(a)  The court shall have continuing jurisdiction in

21  accordance with this section and shall review the status of

22  the child at least every 6 months as required by this

23  subsection or more frequently if the court deems it necessary

24  or desirable.

25         (b)  The court shall retain jurisdiction over a child

26  returned to his or her its parents, caregivers, or legal

27  guardians for a minimum period of 6 months following the

28  reunification, but, at that time, based on a report of the

29  social service agency and the guardian ad litem, if one has

30  been appointed, and any other relevant factors, the court

31  shall make a determination as to whether supervision by the

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  department and the court's its jurisdiction shall continue or

 2  be terminated.

 3         (2)(a)  The court shall review the status of the child

 4  and shall hold a hearing as provided in this part at least

 5  every 6 months until the child reaches permanency status. The

 6  court may dispense with the attendance of the child at the

 7  hearing, but may not dispense with the hearing or the presence

 8  of other parties to the review unless before the review a

 9  hearing is held before a citizen review panel.

10         (b)  Citizen review panels may conduct hearings to

11  review the status of a child. The court shall select the cases

12  appropriate for referral to the citizen review panels and may

13  order the attendance of the parties at the review panel

14  hearings. However, any party may object to the referral of a

15  case to a citizen review panel. Whenever such an objection has

16  been filed with the court, the court shall review the

17  substance of the objection and may conduct the review itself

18  or refer the review to a citizen review panel. All parties

19  retain the right to take exception to the findings or

20  recommended orders of a citizen review panel in accordance

21  with Rule 1.490(h), Florida Rules of Civil Procedure.

22         (c)  Notice of a hearing by a citizen review panel must

23  be provided as set forth in subsection (5). At the conclusion

24  of a citizen review panel hearing, each party may propose a

25  recommended order to the chairperson of the panel. Thereafter,

26  the citizen review panel shall submit its report, copies of

27  the proposed recommended orders, and a copy of the panel's

28  recommended order to the court. The citizen review panel's

29  recommended order must be limited to the dispositional options

30  available to the court in subsection (8). Each party may file

31  exceptions to the report and recommended order of the citizen

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  review panel in accordance with Rule 1.490, Florida Rules of

 2  Civil Procedure.

 3         (3)(a)  The initial judicial review hearing must be

 4  held no later than 90 days after the date of the disposition

 5  hearing or after the date of the hearing at which the court

 6  approves the case plan, whichever comes first, but in no event

 7  shall the review be held later than 6 months after the date

 8  the child was removed from the home. Citizen review panels

 9  shall not conduct more than two consecutive reviews without

10  the child and the parties coming before the court for a

11  judicial review.

12         (b)  If the citizen review panel recommends extending

13  court extends any case plan beyond 12 months, the court must

14  schedule a judicial review hearing to be conducted by the

15  court within 30 days after receiving the recommendation from

16  the citizen review panel judicial reviews must be held at

17  least every 6 months.

18         (c)  If the child is placed in the custody of the

19  department or a licensed child-placing agency for the purpose

20  of adoptive placement, judicial reviews must be held at least

21  every 6 months until the adoption is finalized adoptive

22  placement, to determine the appropriateness of the current

23  placement and the progress made toward adoptive placement.

24         (d)  If the department and the court have established a

25  formal agreement that includes specific authorization for

26  particular cases, the department may conduct administrative

27  reviews instead of the judicial reviews for children in

28  out-of-home care. Notices of such administrative reviews must

29  be provided to all parties. However, an administrative review

30  may not be substituted for the first judicial review, and in

31  every case the court must conduct a judicial review at least

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  every 6 months. Any party dissatisfied with the results of an

 2  administrative review may petition for a judicial review.

 3         (e)  The clerk of the circuit court shall schedule

 4  judicial review hearings in order to comply with the mandated

 5  times cited in this section.

 6         (f)  In each case in which a child has been voluntarily

 7  placed with the licensed child-placing agency, the agency

 8  shall notify the clerk of the court in the circuit where the

 9  child resides of such placement within 5 working days.

10  Notification of the court is not required for any child who

11  will be in out-of-home care no longer than 30 days unless that

12  child is placed in out-of-home care a second time within a

13  12-month period. If the child is returned to the custody of

14  the parents, caregiver, or legal custodian before the

15  scheduled review hearing or if the child is placed for

16  adoption, the child-placing agency shall notify the court of

17  the child's return or placement within 5 working days, and the

18  clerk of the court shall cancel the review hearing.

19         (4)  The court shall schedule the date, time, and

20  location of the next judicial review during the judicial

21  review hearing and shall list same in the judicial review

22  order.

23         (5)  Notice of a judicial review hearing or a citizen

24  review panel hearing, and a copy of the motion for judicial

25  review, if any including a statement of the dispositional

26  alternatives available to the court, must be served by the

27  clerk of the court upon:

28         (a)  The social service agency charged with the

29  supervision of care, custody, or guardianship of the child, if

30  that agency is not the movant.

31         (b)  The foster parent or legal custodian parents or

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  caregivers in whose home the child resides.

 2         (c)  The parents parent, caregiver, or legal custodian

 3  from whom the care and custody of the child have been

 4  transferred.

 5         (d)  The guardian ad litem for the child, or the

 6  representative of the guardian ad litem program if the program

 7  has been appointed.

 8         (e)  Any preadoptive parent.

 9         (f)  Such other persons as the court may in its

10  discretion direct.

11

12  Service of notice is not required on any of the persons listed

13  in paragraphs (a)-(f) if the person was present at the

14  previous hearing during which the date, time, and location of

15  the hearing was announced.

16         (6)(a)  Prior to every judicial review hearing or

17  citizen review panel hearing, the social service agency shall

18  make an investigation and social study concerning all

19  pertinent details relating to the child and shall furnish to

20  the court or citizen review panel a written report that

21  includes, but is not limited to:

22         1.  A description of the type of placement the child is

23  in at the time of the hearing, including the safety of the

24  child and the continuing necessity for and appropriateness of

25  the placement.

26         2.  Documentation of the diligent efforts made by all

27  parties to the case plan to comply with each applicable

28  provision of the plan.

29         3.  The amount of fees assessed and collected during

30  the period of time being reported.

31         4.  The services provided to the foster family or legal

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  custodian caregivers in an effort to address the needs of the

 2  child as indicated in the case plan.

 3         5.  A statement that either:

 4         a.  The parent or legal custodian, though able to do

 5  so, did not comply substantially with the provisions of the

 6  case plan, and the agency recommendations; or

 7         b.  A statement that The parent or legal custodian did

 8  substantially comply with the such provisions of the case

 9  plan; or

10         c.  The parent has partially complied with the

11  provisions of the case plan, with a summary of additional

12  progress needed and the agency recommendations.

13         6.  A statement from the foster parent or legal

14  custodian parents or caregivers providing any material

15  evidence concerning the return of the child to the parent or

16  parents or legal custodians.

17         7.  A statement concerning the frequency, duration, and

18  results of the parent-child visitation, if any, and the agency

19  recommendations for an expansion or restriction of future

20  visitation.

21         8.  The number of times a child has been removed from

22  his or her home and placed elsewhere, the number and types of

23  placements that have occurred, and the reason for the changes

24  in placement.

25         9.  The number of times a child's educational placement

26  has been changed, the number and types of educational

27  placements which have occurred, and the reason for any change

28  in placement.

29         10.  Copies of all medical, psychological, and

30  educational records that support the terms of the case plan

31  and that have been produced concerning the child, parents, or

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  any caregiver since the last judicial review hearing.

 2         (b)  A copy of the social service agency's written

 3  report and the written report of the guardian ad litem must be

 4  provided to the attorney of record of the parent, parents, or

 5  legal custodians; to the parent, parents, or legal custodians;

 6  to the foster parents or legal custodians caregivers; to each

 7  citizen review panel; and to the guardian ad litem for the

 8  child, or the representative of the guardian ad litem program

 9  if the program has been appointed by the court, at least 72 48

10  hours before the judicial review hearing, or citizen review

11  panel hearing. The requirement for providing parents or legal

12  custodians with a copy of the written report does not apply to

13  those parents or legal custodians who have voluntarily

14  surrendered their child for adoption or who have had their

15  parental rights to the child terminated.

16         (c)  In a case in which the child has been permanently

17  placed with the social service agency, the agency shall

18  furnish to the court a written report concerning the progress

19  being made to place the child for adoption. If the child

20  cannot be placed for adoption, a report on the progress made

21  by the child towards in alternative permanency goals or

22  placements, including, but not limited to, long-term foster

23  care, independent living, custody to a relative or other adult

24  caregiver approved by the court on a permanent basis with or

25  without legal guardianship, or custody to a foster parent or

26  legal custodian caregiver on a permanent basis with or without

27  legal guardianship, must be submitted to the court. The report

28  must be submitted to the court at least 72 48 hours before

29  each scheduled judicial review.

30         (d)  In addition to or in lieu of any written statement

31  provided to the court, the foster parent or legal custodian

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  caregivers, or any preadoptive parent, shall be given the

 2  opportunity to address the court with any information relevant

 3  to the best interests of the child at any judicial review

 4  hearing.

 5         (7)  The court and any citizen review panel shall take

 6  into consideration the information contained in the social

 7  services study and investigation and all medical,

 8  psychological, and educational records that support the terms

 9  of the case plan; testimony by the social services agency, the

10  parent or legal custodian, the foster parent or legal

11  custodian caregivers, the guardian ad litem if one has been

12  appointed for the child, and any other person deemed

13  appropriate; and any relevant and material evidence submitted

14  to the court, including written and oral reports to the extent

15  of their probative value. These reports and evidence may be

16  received by the court in its effort to determine the action to

17  be taken with regard to the child and may be relied upon to

18  the extent of its probative value, even though not competent

19  in an adjudicatory hearing. In its deliberations, the court

20  and any citizen review panel shall seek to determine:

21         (a)  If the parent or legal custodian was advised of

22  the right to receive assistance from any person or social

23  service agency in the preparation of the case plan.

24         (b)  If the parent or legal custodian has been advised

25  of the right to have counsel present at the judicial review or

26  citizen review hearings. If not so advised, the court or

27  citizen review panel shall advise the parent or legal

28  custodian of such right.

29         (c)  If a guardian ad litem needs to be appointed for

30  the child in a case in which a guardian ad litem has not

31  previously been appointed or if there is a need to continue a

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  guardian ad litem in a case in which a guardian ad litem has

 2  been appointed.

 3         (d)  The compliance or lack of compliance of all

 4  parties with applicable items of the case plan, including the

 5  parents' compliance with child support orders.

 6         (e)  The compliance or lack of compliance with a

 7  visitation contract between the parent, caregiver, or legal

 8  custodian and the social service agency for contact with the

 9  child, including the frequency, duration, and results of the

10  parent-child visitation and the reason for any noncompliance.

11         (f)  The compliance or lack of compliance of the

12  parent, caregiver, or legal custodian in meeting specified

13  financial obligations pertaining to the care of the child,

14  including the reason for failure to comply if such is the

15  case.

16         (g)  The appropriateness of the child's current

17  placement, including whether the child is in a setting which

18  is as family-like and as close to the parent's home as

19  possible, consistent with the child's best interests and

20  special needs, and including maintaining stability in the

21  child's educational placement.

22         (h)  A projected date likely for the child's return

23  home or other permanent placement.

24         (i)  When appropriate, the basis for the unwillingness

25  or inability of the parent, caregiver, or legal custodian to

26  become a party to a case plan. The court and the citizen

27  review panel shall determine if the efforts of the social

28  service agency to secure party participation in a case plan

29  were sufficient.

30         (8)(a)  Based upon the criteria set forth in subsection

31  (7) and the recommended order of the citizen review panel, if

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  any, the court shall determine whether or not the social

 2  service agency shall initiate proceedings to have a child

 3  declared a dependent child, return the child to the parent,

 4  legal custodian, or caregiver, continue the child in

 5  out-of-home care for a specified period of time, or initiate

 6  termination of parental rights proceedings for subsequent

 7  placement in an adoptive home. Modifications to the plan must

 8  be handled as prescribed in s. 39.601. If the court finds that

 9  the prevention or reunification efforts of the department will

10  allow the child to remain safely at home or be safely returned

11  to the home, the court shall allow the child to remain in or

12  return to the home after making a specific finding of fact

13  that the reasons for the creation of the case plan removal

14  have been remedied to the extent that the child's safety,

15  well-being, and physical, mental, and emotional health will

16  not be endangered.

17         (b)  The court shall return the child to the custody of

18  the parents, legal custodians, or caregivers at any time it

19  determines that they have substantially complied with the case

20  plan, if the court is satisfied that reunification will not be

21  detrimental to the child's safety, well-being, and physical,

22  mental, and emotional health.

23         (c)  If, in the opinion of the court, the social

24  service agency has not complied with its obligations as

25  specified in the written case plan, the court may find the

26  social service agency in contempt, shall order the social

27  service agency to submit its plans for compliance with the

28  agreement, and shall require the social service agency to show

29  why the child could not safely be returned to the home of the

30  parents, legal custodians, or caregivers.

31         (d)  The court may extend the time limitation of the

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  case plan, or may modify the terms of the plan, based upon

 2  information provided by the social service agency, and the

 3  guardian ad litem, if one has been appointed, the parent or

 4  parents, and the foster parents or legal custodian, and any

 5  other competent information on record demonstrating the need

 6  for the amendment. If the court extends the time limitation of

 7  the case plan, the court must make specific findings

 8  concerning the frequency of past parent-child visitation, if

 9  any, and the court may authorize the expansion or restriction

10  of future visitation. Modifications to the plan must be

11  handled as prescribed in s. 39.601. Any extension of a case

12  plan must comply with the time requirements and other

13  requirements specified by this chapter.

14         (e)  If, at any judicial review, the court finds that

15  the parents have failed to substantially comply with the case

16  plan to the degree that further reunification efforts are

17  without merit and not in the best interest of the child, it

18  may authorize the filing of a petition for termination of

19  parental rights, whether or not the time period as contained

20  in the case plan for substantial compliance has elapsed.

21         (f)  No later than 12 months after the date that the

22  child was placed in shelter care, the court shall conduct a

23  judicial review to plan for the child's permanency. At this

24  hearing, if the child is not returned to the physical custody

25  of the parents, caregivers, or legal custodians, the case plan

26  may be extended with the same goals only if the court finds

27  that the situation of the child is so extraordinary that the

28  plan should be extended. The case plan must document steps the

29  department is taking to find an adoptive parent or other

30  permanent living arrangement for the child.

31         (g)  The court may issue a protective order in

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  assistance, or as a condition, of any other order made under

 2  this part. In addition to the requirements included in the

 3  case plan, the protective order may set forth requirements

 4  relating to reasonable conditions of behavior to be observed

 5  for a specified period of time by a person or agency who is

 6  before the court; and such order may require any such person

 7  or agency to make periodic reports to the court containing

 8  such information as the court in its discretion may prescribe.

 9         Section 39.  Paragraphs (g) and (h) of subsection (5)

10  of section 39.702, Florida Statutes, 1998 Supplement, are

11  amended to read:

12         39.702  Citizen review panels.--

13         (5)  The independent not-for-profit agency authorized

14  to administer each citizen review panel shall:

15         (g)  Establish policies to ensure adequate

16  communication with the parent, caregiver, or legal custodian,

17  the foster parent or legal custodian caregiver, the guardian

18  ad litem, and any other person deemed appropriate.

19         (h)  Establish procedures that encourage attendance and

20  participation of interested persons and parties, including the

21  biological parents, foster parents, or legal custodian

22  caregivers, or a relative or nonrelative with whom the child

23  is placed, at citizen review hearings.

24         Section 40.  Subsection (2) of section 39.703, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         39.703  Initiation of termination of parental rights

27  proceedings.--

28         (2)  If, at the time of the 12-month judicial review

29  hearing, a child is not returned to the physical custody of

30  the parents, caregivers, or legal custodians, the social

31  service agency shall initiate termination of parental rights

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  proceedings under this chapter within 30 days. Only if the

 2  court finds that the situation of the child is so

 3  extraordinary and that the best interests of the child will be

 4  met by such action at the time of the judicial review may the

 5  case plan be extended. If the court decides to extend the

 6  plan, the court shall enter detailed findings justifying the

 7  decision to extend, as well as the length of the extension. A

 8  termination of parental rights petition need not be filed if:

 9  the child is being cared for by a relative who chooses not to

10  adopt the child but who is willing, able, and suitable to

11  serve as the legal custodian for the child until the child

12  reaches 18 years of age; the court determines that filing such

13  a petition would not be in the best interests of the child; or

14  the state has not provided the child's parent family, when

15  reasonable efforts to return a child are required, consistent

16  with the time period in the state's case plan, such services

17  as the state deems necessary for the safe return of the child

18  to his or her home. Failure to initiate termination of

19  parental rights proceedings at the time of the 12-month

20  judicial review or within 30 days after such review does not

21  prohibit initiating termination of parental rights proceedings

22  at any other time.

23         Section 41.  Section 39.704, Florida Statutes, 1998

24  Supplement, is amended to read:

25         39.704  Exemptions from judicial review.--Judicial

26  review does not apply to:

27         (1)  Minors who have been placed in adoptive homes by

28  the department or by a licensed child-placing agency; or

29         (2)  Minors who are refugees or entrants to whom

30  federal regulations apply and who are in the care of a social

31  service agency.

                                 104

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 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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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 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         (1)  All proceedings seeking an adjudication to

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  terminate parental rights pursuant to this chapter must be

 2  initiated by the filing of an original petition by the

 3  department, the guardian ad litem, or a licensed child-placing

 4  agency, or by any other person who has knowledge of the facts

 5  alleged or is informed of them and believes that they are

 6  true.

 7         (4)  A petition for termination of parental rights

 8  filed under this chapter must contain facts supporting the

 9  following allegations:

10         (b)  That the parents of the child were informed of

11  their right to counsel at all hearings that they attended

12  attend and that a dispositional order adjudicating the child

13  dependent was entered in any prior dependency proceeding

14  relied upon in offering a parent a case plan as described in

15  s. 39.806.

16         (8)  If Whenever the department has entered into a case

17  plan with a parent with the goal of reunification, and a

18  petition for termination of parental rights based on the same

19  facts as are covered in the case plan is filed prior to the

20  time agreed upon in the case plan for the performance of the

21  case plan, then the petitioner must allege and prove by clear

22  and convincing evidence that the parent has materially

23  breached the provisions of the case plan.

24         Section 44.  Section 39.805, Florida Statutes, 1998

25  Supplement, is amended to read:

26         39.805  No answer required.--No answer to the petition

27  or any other pleading need be filed by any child or, parent,

28  caregiver, or legal custodian, but any matters which might be

29  set forth in an answer or other pleading may be pleaded orally

30  before the court or filed in writing as any such person may

31  choose. Notwithstanding the filing of any answer or any

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  pleading, the child or parent shall, prior to the adjudicatory

 2  hearing, be advised by the court of the right to counsel and

 3  shall be given an opportunity to deny the allegations in the

 4  petition for termination of parental rights or to enter a plea

 5  to allegations in the petition before the court.

 6         Section 45.  Paragraphs (b), (d), (e), and (h) of

 7  subsection (1) of section 39.806, Florida Statutes, 1998

 8  Supplement, are amended to read:

 9         39.806  Grounds for termination of parental rights.--

10         (1)  The department, the guardian ad litem, a licensed

11  child-placing agency, or any person who has knowledge of the

12  facts alleged or who is informed of said facts and believes

13  that they are true, may petition for the termination of

14  parental rights under any of the following circumstances:

15         (b)  When the identity or location of the parent or

16  parents is unknown and cannot be ascertained by diligent

17  search within 60 90 days.

18         (d)  When the parent of a child is incarcerated in a

19  state or federal correctional institution and either:

20         1.  The period of time for which the parent is expected

21  to be incarcerated will constitute a substantial portion of

22  the period of time before the child will attain the age of 18

23  years;

24         2.  The incarcerated parent has been determined by the

25  court to be a violent career criminal as defined in s.

26  775.084, a habitual violent felony offender as defined in s.

27  775.084, or a sexual predator as defined in s. 775.21; has

28  been convicted of first degree or second degree murder in

29  violation of s. 782.04 or a sexual battery that constitutes a

30  capital, life, or first degree felony violation of s. 794.011;

31  or has been convicted of an offense in another jurisdiction

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  which is substantially similar to one of the offenses listed

 2  in this paragraph.  As used in this section, the term

 3  "substantially similar offense" means any offense that is

 4  substantially similar in elements and penalties to one of

 5  those listed in this paragraph, and that is in violation of a

 6  law of any other jurisdiction, whether that of another state,

 7  the District of Columbia, the United States or any possession

 8  or territory thereof, or any foreign jurisdiction; or and

 9         3.  The court determines by clear and convincing

10  evidence that continuing the parental relationship with the

11  incarcerated parent would be harmful to the child and, for

12  this reason, that termination of the parental rights of the

13  incarcerated parent is in the best interest of the child.

14         (e)  A petition for termination of parental rights may

15  also be filed when a child has been adjudicated dependent, a

16  case plan has been filed with the court, and the child

17  continues to be abused, neglected, or abandoned by the

18  parents. In this case, the failure of the parents to

19  substantially comply for a period of 12 months after an

20  adjudication of the child as a dependent child or the child's

21  placement into shelter care, whichever came first, constitutes

22  evidence of continuing abuse, neglect, or abandonment unless

23  the failure to substantially comply with the case plan was due

24  either to the lack of financial resources of the parents or to

25  the failure of the department to make reasonable efforts to

26  reunify the parent and child family. Such 12-month period may

27  begin to run only after the child's placement into shelter

28  care or the entry of a disposition order placing the custody

29  of the child with the department or a person other than the

30  parent and the approval by the court of a case plan with a

31  goal of reunification with the parent, whichever came first.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (h)  When the parent or parents have committed murder

 2  or voluntary manslaughter of another child of the parent, or a

 3  felony assault that results in serious bodily injury to the

 4  child or another child of the parent, or aided or abetted,

 5  attempted, conspired, or solicited to commit such a murder or

 6  voluntary manslaughter or felony assault.

 7         Section 46.  Paragraphs (a) and (d) of subsection (1)

 8  and paragraph (b) of subsection (2) of section 39.807, Florida

 9  Statutes, 1998 Supplement, are amended to read:

10         39.807  Right to counsel; guardian ad litem.--

11         (1)(a)  At each stage of the proceeding under this

12  part, the court shall advise the parent of the right to have

13  counsel present. The court shall appoint counsel for indigent

14  parents persons. The court shall ascertain whether the right

15  to counsel is understood and, where appropriate, is knowingly

16  and intelligently waived. The court shall enter its findings

17  in writing with respect to the appointment or waiver of

18  counsel for indigent parents parties.

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

20  has voluntarily executed a written surrender of the child and

21  consent to the entry of a court order therefor and who does

22  not deny the allegations of the petition.

23         (2)

24         (b)  The guardian ad litem has the following

25  responsibilities:

26         1.  To investigate the allegations of the petition and

27  any subsequent matters arising in the case and, unless excused

28  by the court, to file a written report. This report must

29  include a statement of the wishes of the child and the

30  recommendations of the guardian ad litem and must be provided

31  to all parties and the court at least 72 48 hours before the

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  disposition hearing.

 2         2.  To be present at all court hearings unless excused

 3  by the court.

 4         3.  To represent the interests of the child until the

 5  jurisdiction of the court over the child terminates or until

 6  excused by the court.

 7         Section 47.  Subsections (4) and (5) of section 39.808,

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

 9         39.808  Advisory hearing; pretrial status conference.--

10         (4)  An advisory hearing is not required may not be

11  held if a petition is filed seeking an adjudication for

12  termination of voluntarily to terminate parental rights based

13  on a voluntary surrender of parental rights. Adjudicatory

14  hearings for petitions for voluntary termination must be held

15  within 21 days after the filing of the petition. Notice of the

16  use of this subsection must be filed with the court at the

17  same time as the filing of the petition to terminate parental

18  rights.

19         (5)  Not less than 10 days before the adjudicatory

20  hearing on a petition for involuntary termination of parental

21  rights, the court shall conduct a pretrial prehearing status

22  conference to determine the order in which each party may

23  present witnesses or evidence, the order in which

24  cross-examination and argument shall occur, and any other

25  matters that may aid in the conduct of the adjudicatory

26  hearing to prevent any undue delay in the conduct of the

27  adjudicatory hearing.

28         Section 48.  Subsections (2), (4), (7), and (8), and

29  paragraph (e) of subsection (6) of section 39.811, Florida

30  Statutes, 1998 Supplement, are amended to read:

31         39.811  Powers of disposition; order of disposition.--

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (2)  If the child is in the out-of-home care custody of

 2  the department and the court finds that the grounds for

 3  termination of parental rights have been established by clear

 4  and convincing evidence, the court shall, by order, place the

 5  child in the custody of the department or for the purpose of

 6  adoption or place the child in the custody of a licensed

 7  child-placing agency for the purpose of adoption.

 8         (4)  If the child is neither in the custody of the

 9  department nor in the custody of a parent and the court finds

10  that the grounds for termination of parental rights have been

11  established for either or both parents, the court shall enter

12  an order terminating parental rights for the parent or parents

13  for whom the grounds for termination have been established and

14  placing the child with the department or an appropriate legal

15  custodian. If the parental rights of both parents have been

16  terminated, or if the parental rights of only one parent have

17  been terminated and the court makes specific findings based on

18  evidence presented that placement with the remaining parent is

19  likely to be harmful to the child, the court may order that

20  the child be placed with a legal custodian other than the

21  department after hearing evidence of the suitability of such

22  intended placement.  Suitability of the intended placement

23  includes the fitness and capabilities of the proposed legal

24  custodian to function as the primary caregiver for a

25  particular child; and the compatibility of the child with the

26  home in which the child is intended to be placed.  If the

27  court orders that a child be placed with a legal custodian

28  under this subsection, the court shall appoint such legal

29  custodian as the guardian for the child as provided in s.

30  744.3021.  The court may modify the order placing the child in

31  the custody of the legal custodian and revoke the guardianship

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  established under s. 744.3021 if the court subsequently finds

 2  that a party to the proceeding other than a parent whose

 3  rights have been terminated has shown a material change in

 4  circumstances which causes the placement to be no longer in

 5  the best interest of the child.

 6         (6)  The parental rights of one parent may be severed

 7  without severing the parental rights of the other parent only

 8  under the following circumstances:

 9         (e)  If the parent whose rights are being terminated

10  meets any of the criteria specified in s. 39.806(1)(d) and

11  (f)-(i).

12         (7)(a)  The termination of parental rights does not

13  affect the rights of grandparents unless the court finds that

14  continued visitation is not in the best interests of the child

15  or that such visitation would interfere with the permanency

16  goals of permanency planning for the child.

17         (b)  If the court terminates parental rights, it may,

18  as appropriate, order that the parents, siblings, or relatives

19  of the parent whose rights are terminated be allowed to

20  maintain some communication or contact with the child pending

21  adoption if the best interests of the child support this

22  continued communication or contact, except as provided in

23  paragraph (a). If the court orders such continued

24  communication or contact, which may include, but is not

25  limited to, visits, letters, and cards or telephone calls, the

26  nature and frequency of the communication or contact must be

27  set forth in written order and may be reviewed upon motion of

28  any party, or including, for purposes of this subsection, an

29  identified prospective adoptive parent. If a child is placed

30  for adoption, the nature and frequency of the communication or

31  contact must be reviewed by the court at the time the child is

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  placed for adoption adopted.

 2         (8)  If the court terminates parental rights, it shall,

 3  in its order of disposition, provide for a hearing, to be

 4  scheduled no later than 30 days after the date of disposition,

 5  in which the department or the licensed child-placing agency

 6  shall provide to the court an amended case a plan which

 7  identifies the for permanency goal for the child. Reasonable

 8  efforts must be made to place the child in a timely manner in

 9  accordance with the permanency plan and to complete whatever

10  steps are necessary to finalize the permanent placement of the

11  child. Thereafter, until the adoption of the child is

12  finalized or the child reaches the age of 18 years, whichever

13  occurs first, the court shall hold hearings at 6-month

14  intervals to review the progress being made toward permanency

15  for the child.

16         Section 49.  Subsection (1) and paragraph (a) of

17  subsection (6) of section 39.814, Florida Statutes, 1998

18  Supplement, are amended to read:

19         39.814  Oaths, records, and confidential information.--

20         (1)  The judge, clerks or deputy clerks, and or

21  authorized agents of the department shall each have the power

22  to administer oaths and affirmations.

23         (6)  No court record of proceedings under this part

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

25  proceeding, except that:

26         (a)  Orders terminating the rights of a parent are

27  admissible in evidence in subsequent adoption proceedings

28  relating to the child and in subsequent termination of

29  parental rights proceedings concerning a sibling of the child.

30         Section 50.  Subsection (3) of section 39.815, Florida

31  Statutes, 1998 Supplement, is amended to read:

                                 114

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         39.815  Appeal.--

 2         (3)  The taking of an appeal does not operate as a

 3  supersedeas in any case unless the court so orders. However, a

 4  termination of parental rights order with placement of the

 5  child with a licensed child-placing agency or the department

 6  for subsequent adoption is suspended while the appeal is

 7  pending, but the child shall continue in an out-of-home

 8  placement custody under the order until the appeal is decided.

 9         Section 51.  Subsection (3) of section 39.822, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         39.822  Appointment of guardian ad litem for abused,

12  abandoned, or neglected child.--

13         (3)  The guardian ad litem or the program

14  representative shall review all disposition recommendations

15  and changes in placements, and must be present at all critical

16  stages of the dependency proceeding or submit a written report

17  of recommendations to the court. Written reports must be filed

18  with the court and served on all parties whose whereabouts are

19  known at least 72 hours prior to the hearing.

20         Section 52.  Subsection (1) of section 63.0427, Florida

21  Statutes, 1998 Supplement, is amended to read:

22         63.0427  Adopted minor's right to continued

23  communication or contact with siblings.--

24         (1)  A child whose parents have had their parental

25  rights terminated and whose custody has been awarded to the

26  department pursuant to s. 39.811 39.469, and who is the

27  subject of a petition for adoption under this chapter, shall

28  have the right to have the court consider the appropriateness

29  of postadoption communication or contact, including, but not

30  limited to, visits, letters and cards, or telephone calls,

31  with his or her siblings who are not included in the petition

                                 115

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  for adoption.  The court shall determine if the best interests

 2  of the child support such continued communication or contact

 3  and shall consider the following in making such determination:

 4         (a)  Any orders of the court pursuant to s. 39.811(7)

 5  39.469(7).

 6         (b)  Recommendations of the department, the foster

 7  parents if other than the adoptive parents, and the guardian

 8  ad litem.

 9         (c)  Statements of prospective adoptive parents.

10         (d)  Any other information deemed relevant and material

11  by the court.

12

13  If the court determines that the child's best interests will

14  be served by postadoption communication or contact with any

15  sibling, the court shall so order, stating the nature and

16  frequency for the communication or contact. This order shall

17  be made a part of the final adoption order, but in no event

18  shall continuing validity of the adoption be contingent upon

19  such postadoption communication or contact, nor shall the

20  ability of the adoptive parents and child to change residence

21  within or outside the State of Florida be impaired by such

22  communication or contact.

23         Section 53.  Paragraph (d) of subsection (1) of section

24  419.001, Florida Statutes, 1998 Supplement, is amended to

25  read:

26         419.001  Site selection of community residential

27  homes.--

28         (1)  For the purposes of this section, the following

29  definitions shall apply:

30         (d)  "Resident" means any of the following:  a frail

31  elder as defined in s. 400.618; a physically disabled or

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  handicapped person as defined in s. 760.22(7)(a); a

 2  developmentally disabled person as defined in s.

 3  393.063(12)(11); a nondangerous mentally ill person as defined

 4  in s. 394.455(18); or a child as defined in s. 39.01(14)(11),

 5  s. 984.03(9) or (12), or s. 985.03(8).

 6         Section 54.  Paragraph (b) of subsection (1) of section

 7  921.0024, Florida Statutes, 1998 Supplement, is amended to

 8  read:

 9         921.0024  Criminal Punishment Code; worksheet

10  computations; scoresheets.--

11         (1)

12                       (b)  WORKSHEET KEY:

13

14  Legal status points are assessed when any form of legal status

15  existed at the time the offender committed an offense before

16  the court for sentencing. Four (4) sentence points are

17  assessed for an offender's legal status.

18

19  Community sanction violation points are assessed when a

20  community sanction violation is before the court for

21  sentencing.  Six (6) sentence points are assessed for each

22  community sanction violation, and each successive community

23  sanction violation; however, if the community sanction

24  violation includes a new felony conviction before the

25  sentencing court, twelve (12) community sanction violation

26  points are assessed for such violation, and for each

27  successive community sanction violation involving a new felony

28  conviction. Multiple counts of community sanction violations

29  before the sentencing court shall not be a basis for

30  multiplying the assessment of community sanction violation

31  points.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1

 2  Prior serious felony points: If the offender has a primary

 3  offense or any additional offense ranked in level 8, level 9,

 4  or level 10, and one or more prior serious felonies, a single

 5  assessment of 30 points shall be added. For purposes of this

 6  section, a prior serious felony is an offense in the

 7  offender's prior record that is ranked in level 8, level 9, or

 8  level 10 under s. 921.0022 or s. 921.0023 and for which the

 9  offender is serving a sentence of confinement, supervision, or

10  other sanction or for which the offender's date of release

11  from confinement, supervision, or other sanction, whichever is

12  later, is within 3 years before the date the primary offense

13  or any additional offense was committed.

14

15  Prior capital felony points:  If the offender has one or more

16  prior capital felonies in the offender's criminal record,

17  points shall be added to the subtotal sentence points of the

18  offender equal to twice the number of points the offender

19  receives for the primary offense and any additional offense.

20  A prior capital felony in the offender's criminal record is a

21  previous capital felony offense for which the offender has

22  entered a plea of nolo contendere or guilty or has been found

23  guilty; or a felony in another jurisdiction which is a capital

24  felony in that jurisdiction, or would be a capital felony if

25  the offense were committed in this state.

26

27  Possession of a firearm, semiautomatic firearm, or machine

28  gun:  If the offender is convicted of committing or attempting

29  to commit any felony other than those enumerated in s.

30  775.087(2) while having in his possession: a firearm as

31  defined in s. 790.001(6), an additional 18 sentence points are

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  assessed; or if the offender is convicted of committing or

 2  attempting to commit any felony other than those enumerated in

 3  s. 775.087(3) while having in his possession a semiautomatic

 4  firearm as defined in s. 775.087(3) or a machine gun as

 5  defined in s. 790.001(9), an additional 25 sentence points are

 6  assessed.

 7

 8  Sentencing multipliers:

 9

10  Drug trafficking:  If the primary offense is drug trafficking

11  under s. 893.135, the subtotal sentence points are multiplied,

12  at the discretion of the court, for a level 7 or level 8

13  offense, by 1.5.  The state attorney may move the sentencing

14  court to reduce or suspend the sentence of a person convicted

15  of a level 7 or level 8 offense, if the offender provides

16  substantial assistance as described in s. 893.135(4).

17

18  Law enforcement protection:  If the primary offense is a

19  violation of the Law Enforcement Protection Act under s.

20  775.0823(2), the subtotal sentence points are multiplied by

21  2.5.  If the primary offense is a violation of s. 775.0823(3),

22  (4), (5), (6), (7), or (8), the subtotal sentence points are

23  multiplied by 2.0. If the primary offense is a violation of s.

24  784.07(3) or s. 775.0875(1), or of the Law Enforcement

25  Protection Act under s. 775.0823(9) or (10), the subtotal

26  sentence points are multiplied by 1.5.

27

28  Grand theft of a motor vehicle:  If the primary offense is

29  grand theft of the third degree involving a motor vehicle and

30  in the offender's prior record, there are three or more grand

31  thefts of the third degree involving a motor vehicle, the

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  subtotal sentence points are multiplied by 1.5.

 2

 3  Criminal street gang member:  If the offender is convicted of

 4  the primary offense and is found to have been a member of a

 5  criminal street gang at the time of the commission of the

 6  primary offense pursuant to s. 874.04, the subtotal sentence

 7  points are multiplied by 1.5.

 8

 9  Domestic violence in the presence of a child:  If the offender

10  is convicted of the primary offense and the primary offense is

11  a crime of domestic violence, as defined in s. 741.28, which

12  was committed in the presence of a child under 16 years of age

13  who is a family household member as defined in s. 741.28(2)

14  with the victim or perpetrator, the subtotal sentence points

15  are multiplied, at the discretion of the court, by 1.5.

16         Section 55.  Paragraph (a) of subsection (2), paragraph

17  (a) of subsection (4), and paragraph (b) of subsection (9) of

18  section 784.046, Florida Statutes, are amended to read:

19         784.046  Action by victim of repeat violence for

20  protective injunction; powers and duties of court and clerk of

21  court; filing and form of petition; notice and hearing;

22  temporary injunction; issuance; statewide verification system;

23  enforcement.--

24         (2)  There is created a cause of action for an

25  injunction for protection in cases of repeat violence.

26         (a)  Any person who is the victim of repeat violence or

27  the parent or legal guardian of any minor child who is living

28  at home and who seeks an injunction for protection against

29  repeat violence on behalf of the minor child has standing in

30  the circuit court to file a sworn petition for an injunction

31  for protection against repeat violence.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (4)(a)  The sworn petition shall allege the incidents

 2  of repeat violence and shall include the specific facts and

 3  circumstances which form the basis upon which relief is

 4  sought. With respect to a minor child who is living at home,

 5  the parent or legal guardian of the minor child must have been

 6  an eye-witness to, or have direct physical evidence or

 7  affidavits from eye-witnesses of, the specific facts and

 8  circumstances which form the basis upon which relief is

 9  sought.

10         (9)

11         (b)  If the respondent is arrested by a law enforcement

12  officer under s. 901.15(10)(8) for committing an act of repeat

13  violence in violation of a repeat violence injunction for

14  protection, the respondent shall be held in custody until

15  brought before the court as expeditiously as possible for the

16  purpose of enforcing the injunction and for admittance to bail

17  in accordance with chapter 903 and the applicable rules of

18  criminal procedure, pending a hearing.

19         Section 56.  Subsection (7) of section 901.15, Florida

20  Statutes, 1998 Supplement, is amended, subsections (8) through

21  (12) are renumbered as subsections (10) through (14),

22  respectively, and new subsections (8) and (9) are added to

23  said section, to read:

24         901.15  When arrest by officer without warrant is

25  lawful.--A law enforcement officer may arrest a person without

26  a warrant when:

27         (7)  There is probable cause to believe that the person

28  has committed:

29         (a)  an act of domestic violence, as defined in s.

30  741.28.

31         (b)  Child abuse, as defined in s. 827.04(2) and (3).

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (c)  Any battery upon another person, as defined in s.

 2  784.03.

 3         (d)  An act of criminal mischief or a graffiti-related

 4  offense as described in s. 806.13.

 5

 6  With respect to an arrest for an act of domestic violence, The

 7  decision to arrest shall not require consent of the victim or

 8  consideration of the relationship of the parties. It is the

 9  public policy of this state to strongly discourage arrest and

10  charges of both parties for domestic violence on each other

11  and to encourage training of law enforcement and prosecutors

12  in this area. A law enforcement officer who acts in good faith

13  and exercises due care in making an arrest under this

14  subsection, under s. 741.31(4) or s. 784.047, or pursuant to a

15  foreign order of protection accorded full faith and credit

16  pursuant to s. 741.315, is immune from civil liability that

17  otherwise might result by reason of his or her action.

18         (8)  There is probable cause to believe that the person

19  has committed child abuse, as defined in s. 827.03. The

20  decision to arrest shall not require consent of the victim or

21  consideration of the relationship of the parties. It is the

22  public policy of this state to protect abused children by

23  strongly encouraging the arrest and prosecution of persons who

24  commit child abuse. A law enforcement officer who acts in good

25  faith and exercises due care in making an arrest under this

26  subsection is immune from civil liability that otherwise might

27  result by reason of his or her action.

28         (9)  There is probable cause to believe that the person

29  has committed:

30         (a)  Any battery upon another person, as defined in s.

31  784.03.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         (b)  An act of criminal mischief or a graffiti-related

 2  offense as described in s. 806.13.

 3         Section 57.  Paragraph (b) of subsection (9) of section

 4  20.165, Florida Statutes, is amended to read:

 5         20.165  Department of Business and Professional

 6  Regulation.--There is created a Department of Business and

 7  Professional Regulation.

 8         (9)

 9         (b)  All employees certified under chapter 943 as law

10  enforcement officers shall have felony arrest powers under s.

11  901.15(13)(11) and shall have all the powers of deputy

12  sheriffs to:

13         1.  Investigate, enforce, and prosecute, throughout the

14  state, violations and violators of:

15         a.  Parts I and II of chapter 210; part VII of chapter

16  559; and chapters 561-569; and the rules promulgated

17  thereunder, as well as other state laws which the division,

18  all state law enforcement officers, or beverage enforcement

19  agents are specifically authorized to enforce.

20         b.  All other state laws, provided that the employee

21  exercises the powers of a deputy sheriff, only after

22  consultation and in coordination with the appropriate local

23  sheriff's office, and only if the violation could result in an

24  administrative proceeding against a license or permit issued

25  by the division.

26         2.  Enforce all criminal laws of the state within

27  specified jurisdictions when the division is a party to a

28  written mutual aid agreement with a state agency, sheriff, or

29  municipal police department, or when the division participates

30  in the Florida Mutual Aid Plan during a declared state

31  emergency.

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         Section 58.  Subsection (2) of section 570.073, Florida

 2  Statutes, 1998 Supplement, is amended to read:

 3         570.073  Department of Agriculture and Consumer

 4  Services, law enforcement officers.--

 5         (2)  Each law enforcement officer shall meet the

 6  qualifications of law enforcement officers under s. 943.13 and

 7  shall be certified as a law enforcement officer by the

 8  Department of Law Enforcement under the provisions of chapter

 9  943. Upon certification, each law enforcement officer is

10  subject to and shall have the same arrest and other authority

11  provided for law enforcement officers generally in chapter 901

12  and jurisdiction as provided in subsection (1).  Each officer

13  shall also have arrest authority as provided for state law

14  enforcement officers in s. 901.15(13)(11).

15         Section 59.  Subsection (2) of section 741.29, Florida

16  Statutes, is amended to read:

17         741.29  Domestic violence; investigation of incidents;

18  notice to victims of legal rights and remedies; reporting.--

19         (2)  When a law enforcement officer investigates an

20  allegation that an incident of domestic violence has occurred,

21  the officer shall handle the incident pursuant to the arrest

22  policy provided in s. 901.15(7)(a), and as developed in

23  accordance with subsections (3), (4), and (5). Whether or not

24  an arrest is made, the officer shall make a written police

25  report that is complete and clearly indicates the alleged

26  offense was an incident of domestic violence. Such report

27  shall be given to the officer's supervisor and filed with the

28  law enforcement agency in a manner that will permit data on

29  domestic violence cases to be compiled. Such report must

30  include:

31         (a)  A description of physical injuries observed, if

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  any.

 2         (b)  If a law enforcement officer decides not to make

 3  an arrest or decides to arrest two or more parties, the

 4  officer shall include in the report the grounds for not

 5  arresting anyone or for arresting two or more parties.

 6         (c)  A statement which indicates that a copy of the

 7  legal rights and remedies notice was given to the victim.

 8

 9  Whenever possible, the law enforcement officer shall obtain a

10  written statement from the victim and witnesses concerning the

11  alleged domestic violence. The officer shall submit the report

12  to the supervisor or other person to whom the employer's rules

13  or policies require reports of similar allegations of criminal

14  activity to be made. The law enforcement agency shall, without

15  charge, send a copy of the initial police report, as well as

16  any subsequent, supplemental, or related report, which

17  excludes victim/witness statements or other materials that are

18  part of an active criminal investigation and are exempt from

19  disclosure under chapter 119, to the nearest locally certified

20  domestic violence center within 24 hours after the agency's

21  receipt of the report. The report furnished to the domestic

22  violence center must include a narrative description of the

23  domestic violence incident.

24         Section 60.  Subsection (1) of section 943.1702,

25  Florida Statutes, is amended to read:

26         943.1702  Collection of statistics on domestic

27  violence.--

28         (1)  In compiling the Department of Law Enforcement

29  Crime in Florida Annual Report, the department shall include

30  the results of the arrest policy provided for under s.

31  901.15(7)(a) with respect to domestic violence to include:

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1  separate statistics on occurrences of and arrests for domestic

 2  versus nondomestic violence, such as battery, aggravated

 3  battery, assault, aggravated assault, sexual battery, the

 4  illegal use of firearms, arson, homicide, murder,

 5  manslaughter, or the attempt of any of the above.

 6         Section 61.  This act shall take effect July 1, 1999.

 7

 8

 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11  remove the entire title:

12

13  and insert in lieu thereof:

14                      A bill to be entitled

15         An act relating to child protection; amending

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

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

18         provisions and references; creating s. 39.0014,

19         F.S.; providing responsibilities of public

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

21         to child abuse prevention training in the

22         district school system; amending s. 39.01,

23         F.S.; revising and conforming definitions;

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

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

26         revising rulemaking authority; amending s.

27         39.013, F.S.; clarifying and conforming

28         provisions relating to procedures,

29         jurisdiction, and right to counsel; amending s.

30         39.0132, F.S.; reducing period the court must

31         preserve records pertaining to a dependent

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         child; providing for admission of termination

 2         of parental rights orders as evidence in

 3         subsequent proceedings; amending s. 39.0134,

 4         F.S.; providing for imposition and enforcement

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

 6         39.201, F.S.; clarifying provisions relating to

 7         mandatory reports of child abuse, abandonment,

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

 9         provisions relating to confidentiality of

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

11         clarifying provisions relating to immunity from

12         liability for reporting child abuse,

13         abandonment, or neglect; amending s. 39.206,

14         F.S., relating to imposition of administrative

15         fines for false reporting; amending ss. 39.301

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

17         to initiation of protective investigation;

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

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

20         relating to medical examination and treatment;

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

22         relating to the Family Builders Program;

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

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

25         taking a child into custody; amending s.

26         39.402, F.S.; revising provisions relating to

27         placement in a shelter; providing for parents'

28         right to continuance of shelter hearing to

29         obtain counsel; requiring the shelter order to

30         require certain financial information from the

31         parent; providing timeframe for review of

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





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

 2         relating to medical and psychological

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

 4         relating to petition for dependency; amending

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

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

 7         to identifying or locating a parent; amending

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

 9         disposition of petition; amending s. 39.506,

10         F.S.; revising provisions relating to

11         arraignment hearings; specifying when failure

12         of a person to appear constitutes consent to a

13         dependency adjudication; amending s. 39.507,

14         F.S., relating to adjudicatory hearings;

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

16         relating to disposition hearings and orders;

17         authorizing placement pending federal criminal

18         records check; requiring certain disclosures by

19         prospective and approved foster parents;

20         providing for permanency status of the child;

21         specifying conditions for termination of

22         departmental supervision and cessation of

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

24         revising the department's authority to provide

25         a relative caregiver benefit; amending s.

26         39.509, F.S., relating to grandparents' rights;

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

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

29         clarifying case-plan requirements; amending s.

30         39.602, F.S., relating to case planning for a

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

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         F.S.; conforming timeframes relating to court

 2         approvals of case planning; amending s. 39.701,

 3         F.S.; revising and clarifying timeframes

 4         relating to judicial reviews; specifying that

 5         notice is not required for persons present at

 6         the previous hearing; providing for a parent's

 7         partial compliance with the case plan;

 8         requiring that certain updated documentation be

 9         furnished to the court; amending s. 39.702,

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

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

12         initiation of proceedings to terminate parental

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

14         exemption from judicial review; amending s.

15         39.801, F.S., relating to procedures,

16         jurisdiction, and notice for termination of

17         parental rights; providing notice and

18         consequences regarding failure to appear at

19         advisory hearings; providing for service of

20         subpoenas by agents of the department or

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

22         relating to petition for termination of

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

24         relating to answers to petition or pleadings;

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

26         termination of parental rights; revising

27         timeframe for identification or location of

28         parent in provisions relating to termination of

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

30         relating to right to counsel for indigent

31         parents; revising an exclusion; revising

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                                                   HOUSE AMENDMENT

    235-245AX-08                               Bill No. CS/HB 2019

    Amendment No.     (for drafter's use only)





 1         timeframe for provision of certain reports to

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

 3         to advisory hearing and pretrial status

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

 5         to powers and order of disposition; amending s.

 6         39.814, F.S., relating to oaths, records, and

 7         confidential information; amending s. 39.815,

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

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

10         litem for abused, abandoned, or neglected

11         child; specifying timeframe for provision of

12         reports to all parties; amending ss. 63.0427

13         and 419.001, F.S.; conforming cross references;

14         amending s. 921.0024, F.S.; requiring a

15         sentencing multiplier to be applied when

16         domestic violence is committed in the presence

17         of a minor child; amending s. 784.046, F.S.;

18         revising provisions relating to petition for

19         injunction for protection against repeat

20         violence; amending s. 901.15, F.S.; providing a

21         preferred arrest policy in the criminal

22         investigation of child abuse; providing

23         immunity for law enforcement officers for such

24         arrests; amending ss. 20.165, 570.073, 741.29,

25         and 943.1702, F.S.; correcting cross

26         references; providing an effective date.

27

28

29

30

31

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