House Bill 2019c1

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    Florida House of Representatives - 1999             CS/HB 2019

        By the Committees on Governmental Rules & Regulations,
    Family Law & Children and Representatives Roberts, Crow,
    Detert, Wallace, Brown and Effman




  1                      A bill to be entitled

  2         An act relating to child protection; amending

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

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

  5         language and references; creating s. 39.0014,

  6         F.S.; providing responsibilities of public

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

  8         to child abuse prevention training in the

  9         district school system; amending s. 39.01,

10         F.S.; revising and conforming definitions;

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

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

13         revising rulemaking authority; amending s.

14         39.013, F.S.; clarifying and conforming

15         provisions relating to procedures,

16         jurisdiction, and right to counsel; amending s.

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

18         preserve records pertaining to a dependent

19         child; providing for admission of termination

20         of parental rights orders as evidence in

21         subsequent proceedings; amending s. 39.0134,

22         F.S.; providing for acquisition and enforcement

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

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

25         mandatory reports of child abuse, abandonment,

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

27         provisions relating to confidentiality of

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

29         clarifying provisions relating to immunity from

30         liability for reporting child abuse,

31         abandonment, or neglect; amending s. 39.206,

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  1         F.S., relating to imposition of administrative

  2         fines for false reporting; amending ss. 39.301

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

  4         to initiation of protective investigation;

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

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

  7         relating to medical examination and treatment;

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

  9         relating to the Family Builders Program;

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

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

12         taking a child into custody; amending s.

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

14         placement in a shelter; providing for parents'

15         right to continuance of shelter hearing to

16         obtain counsel; requiring the shelter order to

17         require certain financial information from the

18         parent or legal custodian; providing timeframe

19         for review of shelter placement; amending s.

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

21         psychological examinations; amending s. 39.501,

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

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

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

25         relating to identifying or locating a parent;

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

27         injunction pending disposition of petition;

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

29         relating to arraignment hearings; specifying

30         when failure of a person to appear constitutes

31         consent to a dependency adjudication; amending

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

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

  3         provisions relating to disposition hearings and

  4         orders; providing for permanency status of the

  5         child; specifying conditions for termination of

  6         departmental supervision and cessation of

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

  8         revising the department's authority to provide

  9         a relative caregiver benefit; amending s.

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

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

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

13         clarifying case plan requirements; amending s.

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

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

16         F.S.; conforming timeframes relating to court

17         approvals of case planning; amending s. 39.701,

18         F.S.; revising and clarifying timeframes

19         relating to judicial reviews; specifying notice

20         is not required for persons present at the

21         previous hearing; providing for a parent's

22         partial compliance with the case plan;

23         requiring that certain updated documentation be

24         furnished to the court; amending s. 39.702,

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

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

27         initiation of proceedings to terminate parental

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

29         exemption from judicial review; amending s.

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

31         jurisdiction, and notice for termination of

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  1         parental rights; providing notice and

  2         consequences regarding failure to appear at

  3         advisory hearings; providing for service of

  4         subpoenas by agents of the department or

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

  6         relating to petition for termination of

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

  8         relating to no answer to petition or pleadings

  9         required; amending s. 39.806, F.S.; revising

10         grounds for termination of parental rights;

11         revising timeframe for identification or

12         location of parent in provisions relating to

13         termination of parental rights; amending s.

14         39.807, F.S., relating to right to counsel for

15         indigent parents; revising an exclusion;

16         revising timeframe for provision of certain

17         reports to all parties; amending s. 39.808,

18         F.S., relating to advisory hearing and pretrial

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

20         relating to powers and order of disposition;

21         amending s. 39.814, F.S., relating to oaths,

22         records, and confidential information; amending

23         s. 39.815, F.S., relating to appeal; amending

24         s. 39.822, F.S., relating to appointment of

25         guardian ad litem for abused, abandoned, or

26         neglected child; specifying timeframe for

27         provision of reports to all parties; amending

28         ss. 63.0427 and 419.001, F.S.; correcting cross

29         references; amending s. 921.0024, F.S.;

30         requiring a sentencing multiplier to be applied

31         when domestic violence is committed in the

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  1         presence of a minor child; amending s. 901.15,

  2         F.S.; providing a preferred arrest policy in

  3         the criminal investigation of child abuse;

  4         providing immunity for law enforcement officers

  5         for such arrests; amending ss. 20.165, 570.073,

  6         741.29, 784.046, and 943.1702, F.S.; correcting

  7         cross references; providing an effective date.

  8

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

10

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

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

13  to read:

14         39.001  Purposes and intent; personnel standards and

15  screening.--

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

17  are:

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

19  guardian from whose custody the child has been taken assists

20  the department to the fullest extent possible in locating

21  relatives suitable to serve as caregivers for the child.

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

23  not possible, the child will be prepared for alternative

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

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

26  relative on a permanent basis with or without legal

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

28  caregiver on a permanent basis with or without legal

29  guardianship.

30         Section 2.  Section 39.0014, Florida Statutes, is

31  created to read:

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  1         39.0014  Responsibilities of public agencies.--All

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

  3  provide such information as will enable the department to

  4  fulfill its responsibilities under this chapter.

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

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

  7  Statutes, 1998 Supplement, are amended to read:

  8         39.0015  Child abuse prevention training in the

  9  district school system.--

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

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

12  39.01(1), (2), (30), (44), (46), (53), and (64), 827.04, and

13  984.03(1), (2), and (39).

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

15  primary prevention and training program shall include all of

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

17         (a)  Information provided in a clear and nonthreatening

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

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

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

21  solutions.

22         Section 4.  Section 39.01, Florida Statutes, 1998

23  Supplement, is amended to read:

24         39.01  Definitions.--When used in this chapter, unless

25  the context otherwise requires:

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

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

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

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

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

31  which situation is sufficient to evince a willful rejection of

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

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

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

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

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

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

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

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

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

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

11  finding of abandonment.

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

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

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

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

16  the purpose of protective investigations, Abuse of a child

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

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

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

20  custodian, or caregiver for disciplinary purposes does not in

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

22  child.

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

24  abuse service provider as defined in chapter 397.

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

26  court to determine whether or not the facts support the

27  allegations stated in the petition in dependency cases or in

28  termination of parental rights cases.

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

30  child.

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

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

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

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

  5  the rights and privileges and subject to all the obligations

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

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

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

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

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

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

12  violation of law or delinquent act involving juvenile sexual

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

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

15  coercion.  For purposes of this paragraph, the following

16  definitions apply:

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

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

19  cooperation or compliance.

20         2.  "Equality" means two participants operating with

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

22  controlled nor coerced by the other.

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

24  following:

25         a.  Understanding what is proposed based on age,

26  maturity, developmental level, functioning, and experience.

27         b.  Knowledge of societal standards for what is being

28  proposed.

29         c.  Awareness of potential consequences and

30  alternatives.

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  1         d.  Assumption that agreement or disagreement will be

  2  accepted equally.

  3         e.  Voluntary decision.

  4         f.  Mental competence.

  5

  6  Juvenile sexual offender behavior ranges from noncontact

  7  sexual behavior such as making obscene phone calls,

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

  9  photographs to varying degrees of direct sexual contact, such

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

11  sodomy, and various other sexually aggressive acts.

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

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

14  panel, considers the facts and arguments presented by the

15  parties and renders a decision which may be binding or

16  nonbinding.

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

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

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

20  management coverage, that is assigned or designated by the

21  department to perform duties or exercise powers pursuant to

22  this chapter.

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

24  adult household member, or other person responsible for a

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

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

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

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

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

30  the child from the provision of voluntary services through any

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  1  dependency, foster care, or termination of parental rights

  2  proceeding or related activity or process.

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

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

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

  6  dependent.

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

  8  professionals established by the Department of Health to

  9  receive referrals from the protective investigators and

10  protective supervision staff of the department and to provide

11  specialized and supportive services to the program in

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

13  protection team shall provide consultation to other programs

14  of the department and other persons regarding child abuse,

15  abandonment, or neglect cases.

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

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

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

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

20  caregivers;

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

22  former Department of Health and Rehabilitative Services, or a

23  licensed child-placing agency for purpose of adoption;

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

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

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

27  and Rehabilitative Services, after which placement, under the

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

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

30  failed to substantially comply with the requirements of the

31  plan;

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

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

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

  4  to the Florida Rules of Juvenile Procedure;

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

  6  providing, legal custodian, or caregiver to provide

  7  supervision and care; or

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

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

10  custodians, or caregivers.

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

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

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

14  education of a child.

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

16  as set forth in s. 26.021.

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

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

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

20  health, educational, vocational, and social condition and

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

22  caregiver's need for rehabilitative and treatment services,

23  including substance abuse treatment services, mental health

24  services, developmental services, literacy services, medical

25  services, family services, and other specialized services, as

26  appropriate.

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

28  the circuit court assigned to exercise jurisdiction under this

29  chapter.

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

31  Family Services.

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

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

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

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

  5  home as set forth in the case plan.

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

  7  reasonable efforts to provide social services or reunification

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

  9  a case plan.

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

11  service agency to locate a parent or prospective parent whose

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

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

14  parent, with the search progress reported at each court

15  hearing until the parent is either identified and located or

16  the court excuses further search.

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

18  the court determines the most appropriate protections,

19  services, and placement for the child family support services

20  in the least restrictive available setting in dependency cases

21  or in termination of parental rights cases.

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

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

24         (25)  "District administrator" means the chief

25  operating officer of each service district of the department

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

27  district administrator whose service district falls within the

28  boundaries of a judicial circuit.

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

30  proceedings wherein a case plan with the goal of reunification

31  is not being offered.

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

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

  3  report is maliciously made for the purpose of:

  4         (a)  Harassing, embarrassing, or harming another

  5  person;

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

  7         (c)  Acquiring custody of a child; or

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

  9  other private dispute involving a child.

10

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

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

13  central abuse hotline.

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

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

16  caregiver, or adult relative, in which:

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

18  unit; or

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

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

21  court order to support or care for the child.

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

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

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

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

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

27  responsible for the child's welfare:

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

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

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

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

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

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

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

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

  5         1.  Willful acts that produce the following specific

  6  injuries:

  7         a.  Sprains, dislocations, or cartilage damage.

  8         b.  Bone or skull fractures.

  9         c.  Brain or spinal cord damage.

10         d.  Intracranial hemorrhage or injury to other internal

11  organs.

12         e.  Asphyxiation, suffocation, or drowning.

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

14         g.  Burns or scalding.

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

16         i.  Permanent or temporary disfigurement.

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

18  part or function.

19

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

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

22  result or to cause an injury.

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

24  other substances that substantially affect the child's

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

26  sickness or internal injury.  For the purposes of this

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

28  prescribed for the child or not administered as prescribed,

29  and controlled substances as outlined in Schedule I or

30  Schedule II of s. 893.03.

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  1         3.  Leaving a child without adult supervision or

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

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

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

  5  exercise good judgment in responding to any kind of physical

  6  or emotional crisis.

  7         4.  Inappropriate or excessively harsh disciplinary

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

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

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

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

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

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

14  trauma inflicted.  Corporal discipline may be considered

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

16  or other similar injuries:

17         a.  Sprains, dislocations, or cartilage damage.

18         b.  Bone or skull fractures.

19         c.  Brain or spinal cord damage.

20         d.  Intracranial hemorrhage or injury to other internal

21  organs.

22         e.  Asphyxiation, suffocation, or drowning.

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

24         g.  Burns or scalding.

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

26         i.  Permanent or temporary disfigurement.

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

28  part or function.

29         k.  Significant bruises or welts.

30

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

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

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

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

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

  6  or forcing a child to:

  7         1.  Solicit for or engage in prostitution; or

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

  9  chapter 827.

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

11  exploited, as provided in s. 450.151.

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

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

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

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

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

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

18  child, which situation is sufficient to evince a willful

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

20  parent or legal custodian or person primarily responsible for

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

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

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

24  have been abandoned.

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

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

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

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

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

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

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

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  1  the legitimate practice of religious beliefs, does not provide

  2  specified medical treatment for a child may not be considered

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

  4  exception does not:

  5         1.  Eliminate the requirement that such a case be

  6  reported to the department;

  7         2.  Prevent the department from investigating such a

  8  case; or

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

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

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

12  accredited practitioner who relies solely on spiritual means

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

14  well-recognized church or religious organization.

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

16  alcohol. Exposure to a controlled substance or alcohol is

17  established by:

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

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

20  demonstrably adversely affected by such usage; or

21         2.  Continued chronic and severe use of a controlled

22  substance or alcohol by a parent when the child is

23  demonstrably adversely affected by such usage.

24

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

26  means prescription drugs not prescribed for the parent or not

27  administered as prescribed and controlled substances as

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

29  of a newborn infant may not be subject to criminal

30  investigation solely on the basis of the positive drug

31  toxicology of a newborn infant.

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  1         (h)  Uses mechanical devices, unreasonable restraints,

  2  or extended periods of isolation to control a child.

  3         (i)  Engages in violent behavior that demonstrates a

  4  wanton disregard for the presence of a child and could

  5  reasonably result in serious injury to the child.

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

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

  8  by the acts of another.

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

10  of abuse, abandonment, or neglect.

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

12  created in each service district of the department pursuant to

13  the provisions of s. 20.19(8).

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

15  situations of known or suspected child abuse or neglect in

16  which the person allegedly perpetrating the child abuse or

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

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

19  agency or any other person at such institution responsible for

20  the child's care.

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

22  jurisdiction pursuant to this chapter.

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

24  court order or letter of guardianship which vests in a

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

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

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

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

29  and ordinary medical, dental, psychiatric, and psychological

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

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

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  1  only, when the phrase "parent or legal custodian" is used in

  2  this chapter, it refers to rights or responsibilities of the

  3  parent and, only if there is no living parent with intact

  4  parental rights, to the rights or responsibilities of the

  5  legal custodian who has assumed the role of the parent.

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

  7  relationship between the child and caregiver which is intended

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

  9  to the procedures in chapter 744.

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

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

12  care for, receive, and board children.

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

14  society, association, or institution licensed by the

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

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

17  foster or adoptive home.

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

19  physician licensed under chapter 458, an osteopathic physician

20  licensed under chapter 459, a nurse licensed under chapter

21  464, a physician assistant licensed under chapter 458 or

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

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

24  evidenced by violent or other actively self-destructive

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

26  period the child will attempt to commit suicide or inflict

27  serious bodily harm on himself or herself.

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

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

30  inflict serious and unjustified bodily harm on another person.

31

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

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

  3  created by a court order pursuant to this chapter.

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

  5  custodial relationship" means the relationship that a juvenile

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

  7  the child or other legal custodian caregiver approved by the

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

  9  natural parent and termination of parental rights is not

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

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

12  legal custodian caregiver the right to physical custody of the

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

14  upon request of the legal custodian caregiver or upon a

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

16  in circumstances necessitates a change of custody for the best

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

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

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

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

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

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

23  dental, psychiatric, and psychological care, unless these

24  rights and duties are otherwise enlarged or limited by the

25  court order establishing the long-term custodial relationship.

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

27  third person called a mediator acts to encourage and

28  facilitate the resolution of a dispute between two or more

29  parties.  It is an informal and nonadversarial process with

30  the objective of helping the disputing parties reach a

31  mutually acceptable and voluntary agreement.  The role of the

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

  2  parties in identifying issues, fostering joint problem

  3  solving, and exploring settlement alternatives.

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

  5  intellectual or psychological capacity of a child as evidenced

  6  by a discernible and substantial impairment in the ability to

  7  function within the normal range of performance and behavior.

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

  9  necessary within a reasonable degree of medical certainty to

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

11  alleviate immediate pain of a child.

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

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

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

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

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

17  permitted to live in an environment when such deprivation or

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

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

20  being significantly impaired. The foregoing circumstances

21  shall not be considered neglect if caused primarily by

22  financial inability unless actual services for relief have

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

24  legal custodian, or caregiver legitimately practicing

25  religious beliefs in accordance with a recognized church or

26  religious organization who thereby does not provide specific

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

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

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

30  court from ordering the following services to be provided,

31  when the health of the child so requires:

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  1         (a)  Medical services from a licensed physician,

  2  dentist, optometrist, podiatric physician, or other qualified

  3  health care provider; or

  4         (b)  Treatment by a duly accredited practitioner who

  5  relies solely on spiritual means for healing in accordance

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

  7  religious organization.

  8

  9  For the purpose of protective investigations, Neglect of a

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

11  custodian, or caregiver.

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

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

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

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

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

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

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

19  care. For the purpose of departmental investigative

20  jurisdiction, this definition does not include law enforcement

21  officers, or employees of municipal or county detention

22  facilities or the Department of Corrections, while acting in

23  an official capacity.

24         (47)(48)  "Next of kin" means an adult relative of a

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

26  uncle, or first cousin.

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

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

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

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

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

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

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

  3  care. For the purpose of departmental investigative

  4  jurisdiction, this definition does not include law enforcement

  5  officers, or employees of municipal or county detention

  6  facilities or the Department of Corrections, while acting in

  7  an official capacity.

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

  9  home of the parents or a parent.

10         (50)(49)  "Parent" means a woman who gives birth to a

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

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

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

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

15  individual whose parental relationship to the child has been

16  legally terminated, or an alleged or prospective parent,

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

18  39.503(1) 39.4051(1) or s. 63.062(1)(b). For purposes of this

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

20  used in this chapter, it refers to rights or responsibilities

21  of the parent and, only if there is no living parent with

22  intact parental rights, to the rights or responsibilities of

23  the legal custodian who has assumed the role of the parent.

24         (51)(50)  "Participant," for purposes of a shelter

25  proceeding, dependency proceeding, or termination of parental

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

27  should receive notice of hearings involving the child,

28  including foster parents or the legal custodian of the child

29  caregivers, identified prospective parents, grandparents

30  entitled to priority for adoption consideration under s.

31  63.0425, actual custodians of the child, and any other person

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

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

  3  without the necessity of filing a motion to intervene.

  4         (52)(51)  "Party" means the parent or parents legal

  5  custodian of the child, the petitioner, the department, the

  6  guardian ad litem or the representative of the guardian ad

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

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

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

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

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

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

13  the child.

14         (53)(52)  "Physical injury" means death, permanent or

15  temporary disfigurement, or impairment of any bodily part.

16         (54)(53)  "Physician" means any licensed physician,

17  dentist, podiatric physician podiatrist, or optometrist and

18  includes any intern or resident.

19         (55)(54)  "Preliminary screening" means the gathering

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

21  need for further evaluation or assessment or for referral for

22  other substance abuse services through means such as

23  psychosocial interviews; urine and breathalyzer screenings;

24  and reviews of available educational, delinquency, and

25  dependency records of the child.

26         (56)(55)  "Preventive services" means social services

27  and other supportive and rehabilitative services provided to

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

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

30  the child for the purpose of averting the removal of the child

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

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

  2  services and other supportive and rehabilitative services

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

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

  5  promote family autonomy, and shall strengthen family life,

  6  whenever possible.

  7         (57)(56)  "Prospective parent" means a person who

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

  9  mother or a father of a child.

10         (58)(57)  "Protective investigation" means the

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

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

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

14  the department; the investigation of each report; the

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

16  determination of the disposition of each report without court

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

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

19         (59)(58)  "Protective investigator" means an authorized

20  agent of the department who receives and investigates reports

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

22  the investigation, may recommend that a dependency petition be

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

24  to carry out the required actions of the protective

25  investigation function.

26         (60)(59)  "Protective supervision" means a legal status

27  in dependency cases which permits the child to remain safely

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

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

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

31

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  1         (61)(60)  "Relative" means a grandparent,

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

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

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

  5  does not include a stepparent.

  6         (62)(61)  "Reunification services" means social

  7  services and other supportive and rehabilitative services

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

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

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

11  relative placement, nonrelative placement, or foster parents

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

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

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

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

16  and other supportive and rehabilitative services. Such

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

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

19  shall promote family autonomy, and shall strengthen family

20  life, whenever possible.

21         (63)(62)  "Secretary" means the Secretary of Children

22  and Family Services.

23         (64)(63)  "Sexual abuse of a child" means one or more

24  of the following acts:

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

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

27  whether or not there is the emission of semen.

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

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

30  person.

31

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

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

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

  4  act intended for a valid medical purpose.

  5         (d)  The intentional touching of the genitals or

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

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

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

  9  include:

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

11  normal caregiver responsibility, any interaction with, or

12  affection for a child; or

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

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

15  genitals in the presence of a child.

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

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

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

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

20  gratification, aggression, degradation, or other similar

21  purpose.

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

23  allowing, encouraging, or forcing a child to:

24         1.  Solicit for or engage in prostitution; or

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

26  chapter 827.

27         (65)(64)  "Shelter" means a placement with a relative

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

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

30  been found to be dependent, pending court disposition before

31  or after adjudication.

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  1         (66)(65)  "Shelter hearing" means a hearing in which

  2  the court determines whether probable cause exists to keep a

  3  child in shelter status pending further investigation of the

  4  case.

  5         (67)(66)  "Social service agency" means the department,

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

  7  agency.

  8         (68)(67)  "Substance abuse" means using, without

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

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

11  resulting in dysfunctional social behavior.

12         (69)(68)  "Substantial compliance" means that the

13  circumstances which caused the creation of the case plan have

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

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

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

17  parent, legal custodian, or caregiver.

18         (70)(69)  "Taken into custody" means the status of a

19  child immediately when temporary physical control over the

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

21  child's release or placement.

22         (71)(70)  "Temporary legal custody" means the

23  relationship that a juvenile court creates between a child and

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

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

26  until a more permanent arrangement is ordered. Temporary legal

27  custody confers upon the custodian the right to have temporary

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

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

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

31  dental, psychiatric, and psychological care, unless these

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  1  rights and duties are otherwise enlarged or limited by the

  2  court order establishing the temporary legal custody

  3  relationship.

  4         (72)(71)  "Victim" means any child who has sustained or

  5  is threatened with physical, mental, or emotional injury

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

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

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

  9  Statutes, 1998 Supplement, is amended to read:

10         39.011  Immunity from liability.--

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

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

13  review or recommendation with regard to a dependency foster

14  care or shelter care matter unless such member or agent

15  exhibits wanton and willful disregard of human rights or

16  safety, or property.

17         Section 6.  Section 39.0121, Florida Statutes, 1998

18  Supplement, is amended to read:

19         39.0121  Specific rulemaking authority.--Pursuant to

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

21  department is specifically authorized to adopt rules, amend,

22  and repeal administrative rules which implement or interpret

23  law or policy, or describe the procedure and practice

24  requirements necessary to implement this chapter, including,

25  but not limited to, the following:

26         (1)  Background screening of department employees and

27  applicants; criminal records checks of prospective foster and

28  adoptive parents; and drug testing of protective

29  investigators.

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

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

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  1  reporting; child protective investigations; taking a child

  2  into protective custody; and shelter procedures.

  3         (3)  Confidentiality and retention of department

  4  records; access to records; and record requests.

  5         (4)  Department and client trust funds.

  6         (5)  Requesting of services from child protection teams

  7  and services, and eligible cases.

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

  9  treatment for children in the care of the department.

10         (7)  Federal funding requirements and procedures;

11  foster care and adoption subsidies; subsidized independent

12  living; and subsidized child care.

13         (8)  Agreements with law enforcement and other state

14  agencies; access to the National Crime Information Center

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

16         (9)  Licensing, registration, and certification of

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

18  residential child-caring and child-placing agencies.

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

20  Counseling Program, and any other early intervention programs

21  and kinship care assistance programs.

22         (11)  Department contracts, pilot programs, and

23  demonstration projects.

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

25  limited to, mediation, diligent search, stipulations,

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

27  termination of parental rights, adoption, guardianship, and

28  kinship care proceedings.

29         (13)  Legal and casework management of cases involving

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

31

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

  2  documentation or procedures required by federal or state law.

  3         (14)  Injunctions and other protective orders,

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

  5  violence centers.

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

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

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

  9  1998 Supplement, are amended to read:

10         39.013  Procedures and jurisdiction; right to

11  counsel.--

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

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

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

15  handle dependency matters, may exercise the general and

16  equitable jurisdiction over guardianship proceedings pursuant

17  to the provisions of chapter 744, and proceedings for

18  temporary custody of minor children by extended family

19  pursuant to the provisions of chapter 751.

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

21  placement issue in cases involving a child who has been

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

23  a shelter.

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

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

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

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

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

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

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

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

  2  supervision of the department.

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

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

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

  6  shall appoint counsel for indigent parents persons. The court

  7  shall ascertain whether the right to counsel is understood.

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

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

10  enter its findings in writing with respect to the appointment

11  or waiver of counsel for indigent parents parties or the

12  waiver of counsel by nonindigent parents parties.

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

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

15  unable to make an intelligent and understanding choice because

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

17  complexity of the case, or other factors.

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

19  record.

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

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

22  renewed by the court at each subsequent stage of the

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

24  appears without counsel.

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

26  include:

27         (b)  Periods of delay resulting from a continuance

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

29  petitioner, if the continuance is granted:

30         1.  Because of an unavailability of evidence material

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

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  1  has exercised due diligence to obtain such evidence and there

  2  are substantial grounds to believe that such evidence will be

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

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

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

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

  7  appropriate sanctions, which may include dismissal of the

  8  petition.

  9         2.  To allow the attorney for the department or

10  petitioner additional time to prepare the case and additional

11  time is justified because of an exceptional circumstance.

12         (d)  Reasonable periods of delay resulting from a

13  continuance granted at the request of the parent or legal

14  custodian of a subject child.

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

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

17  (e) is added to subsection (6) of said section, to read:

18         39.0132  Oaths, records, and confidential

19  information.--

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

21  brought before it pursuant to this chapter and shall preserve

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

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

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

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

26  permanently depriving a parent of the custody of a juvenile

27  shall be preserved permanently.  The court shall make official

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

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

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

31  other writs which may be filed therein.

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

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

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

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

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

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

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

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

  9  guardian ad litem, law enforcement agencies, and the

10  department and its designees shall always have the right to

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

12  The court may permit authorized representatives of recognized

13  organizations compiling statistics for proper purposes to

14  inspect and make abstracts from official records, under

15  whatever conditions upon their use and disposition the court

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

17  violation of those conditions.

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

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

20  proceeding, except that:

21         (e)  Orders permanently and involuntarily terminating

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

23  subsequent termination of parental rights proceedings for a

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

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

26  Statutes, 1998 Supplement, is amended to read:

27         39.0134  Appointed counsel; compensation.--

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

29  representation pursuant to a court appointment in a dependency

30  proceeding pursuant to this chapter, such compensation shall

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

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

  2  and costs in accordance with s. 984.08.

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

  4  Statutes, 1998 Supplement, is amended to read:

  5         39.201  Mandatory reports of child abuse, abandonment,

  6  or neglect; mandatory reports of death; central abuse

  7  hotline.--

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

  9         (a)  Physician, osteopathic physician, medical

10  examiner, chiropractic physician, nurse, or hospital personnel

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

12  persons;

13         (b)  Health or mental health professional other than

14  one listed in paragraph (a);

15         (c)  Practitioner who relies solely on spiritual means

16  for healing;

17         (d)  School teacher or other school official or

18  personnel;

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

20  professional child care, foster care, residential, or

21  institutional worker; or

22         (f)  Law enforcement officer,

23

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

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

26  custodian, caregiver, or other person responsible for the

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

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

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

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

31  1998 Supplement, are amended to read:

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  1         39.202  Confidentiality of reports and records in cases

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

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

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

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

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

  7  reports made to the central abuse hotline and all records

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

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

10  be disclosed except as specifically authorized by this

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

12  information in the possession of those entities granted access

13  as set forth in this section.

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

15  reporter which shall be released only as provided in

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

17  persons, officials, and agencies:

18         (a)  Employees, authorized agents, or contract

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

20  county agencies responsible for carrying out:

21         1.  Child or adult protective investigations;,

22         2.  Ongoing child or adult protective services;,

23         3.  Healthy Start services;, or

24         4.  Licensure or approval of adoptive homes, foster

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

26  informal child care providers who receive subsidized child

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

28  welfare of children.

29

30

31

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  1  Also, employees or agents of the Department of Juvenile

  2  Justice responsible for the provision of services to children,

  3  pursuant to chapters 984 and 985.

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

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

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

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

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

  9  abandonment. However, any information otherwise made

10  confidential or exempt by law shall not be released pursuant

11  to this paragraph.

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

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

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

15  or entity shall enter into a privacy and security agreement

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

17  governing the use of such records and information for research

18  and statistical purposes. Information identifying the subjects

19  of such records or information shall be treated as

20  confidential by the researcher and shall not be released in

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

22  the report shall be made available to the researcher.

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

24  39.203, Florida Statutes, 1998 Supplement, is amended to read:

25         39.203  Immunity from liability in cases of child

26  abuse, abandonment, or neglect.--

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

28  participating in good faith in any act authorized or required

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

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

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

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  1  criminal liability which might otherwise result by reason of

  2  such action.

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

  4  Statutes, 1998 Supplement, is amended to read:

  5         39.206  Administrative fines for false report of abuse,

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

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

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

  9  a false report with the central abuse hotline. The

10  administrative hearing officer court shall advise any person

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

12  be represented by counsel at the administrative hearing.

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

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

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

16         39.301  Initiation of protective investigations.--

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

18  part, the child protective investigator shall inform any

19  subject of the investigation of the following:

20         1.  The names of the investigators and identifying

21  credentials from the department.

22         2.  The purpose of the investigation.

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

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

25         4.  The possible outcomes and services of the

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

27  legal custodian caregiver.

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

29  caregiver to be involved to the fullest extent possible in

30  determining the nature of the allegation and the nature of any

31  identified problem.

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

  2  that protective investigators know how to fully inform parents

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

  4  and options, including opportunities for audio or video

  5  recording of investigators' interviews with parents, legal

  6  custodians guardians, caretakers, or children.

  7         (5)  The person responsible for the investigation shall

  8  make a preliminary determination as to whether the report or

  9  complaint is complete, consulting with the attorney for the

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

11  responsible for the investigation finds that the report or

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

13  delay to the person or agency originating the report or

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

15  appropriate law enforcement agency having investigative

16  jurisdiction, and request additional information in order to

17  complete the report or complaint; however, the confidentiality

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

19  be violated.

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

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

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

23  department shall file a petition for dependency.

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

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

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

27  other treatment voluntarily accepted by the child and the

28  parents, caregivers, or legal custodians, the protective

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

30  other treatment.

31

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

  2  the protection and supervision of the court, the department

  3  shall file a petition for dependency.  A petition for

  4  dependency shall be filed in all cases classified by the

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

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

  7  drugs, or domestic violence.

  8         (c)  If the person conducting the investigation refuses

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

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

11  person or agency originating the report complainant shall be

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

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

14  perform an onsite child protective investigation to:

15         (e)  Based on the information obtained from available

16  sources the caregiver, complete the risk assessment instrument

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

18  develop a case plan.

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

20  child requires immediate or long-term protection through:

21         (a)  Medical or other health care; or

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

23  or other services to stabilize the home environment, including

24  intensive family preservation services through the Family

25  Builders Program or, the Intensive Crisis Counseling Program,

26  or both,; or

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

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

29  legal guardians, or caregivers,

30

31

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  1  such services shall first be offered for voluntary acceptance

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

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

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

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

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

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

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

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

10  the services are refused and the department deems that the

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

12  take the child into protective custody or petition the court

13  as provided in this chapter.

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

15  immediately upon learning during the course of an

16  investigation, that:

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

18  endangered;

19         (b)  The family is likely to flee;

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

21  neglect;

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

23  defined in s. 827.03; or

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

25  abuse,

26

27  the department shall orally notify the jurisdictionally

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

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

30  practicable, transmit a full written the report to those

31  agencies.  The law enforcement agency shall review the report

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  1  and determine whether a criminal investigation needs to be

  2  conducted and shall assume lead responsibility for all

  3  criminal fact-finding activities.  A criminal investigation

  4  shall be coordinated, whenever possible, with the child

  5  protective investigation of the department. Any interested

  6  person who has information regarding an offense described in

  7  this subsection may forward a statement to the state attorney

  8  as to whether prosecution is warranted and appropriate.

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

10  investigation, when the initial interview with the child is

11  conducted at school, the department or the law enforcement

12  agency may allow, notwithstanding the provisions of s.

13  39.0132(4), a school instructional staff member who is known

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

15         (a)  The department or law enforcement agency believes

16  that the school instructional staff member could enhance the

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

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

19  the school instructional staff member at the interview.

20

21  School instructional staff may only be present when authorized

22  by this subsection.  Information received during the interview

23  or from any other source regarding the alleged abuse or

24  neglect of the child shall be confidential and exempt from the

25  provisions of s. 119.07(1), except as otherwise provided by

26  court order.  A separate record of the investigation of the

27  abuse, abandonment, or neglect shall not be maintained by the

28  school or school instructional staff member. Violation of this

29  subsection constitutes a misdemeanor of the second degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31

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

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

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

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

  5  determination of whether or not prosecution is justified and

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

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

  8  Statutes, 1998 Supplement, is amended to read:

  9         39.302  Protective investigations of institutional

10  child abuse, abandonment, or neglect.--

11         (1)  The department shall conduct a child protective

12  investigation of each report of institutional child abuse,

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

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

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

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

17  abuse, abandonment, or neglect, the department shall

18  immediately initiate a child protective investigation and

19  orally notify the appropriate state attorney, law enforcement

20  agency, and licensing agency.  These agencies shall

21  immediately conduct a joint investigation, unless independent

22  investigations are more feasible.  When a facility is exempt

23  from licensing, the department shall inform the owner or

24  operator of the facility of the report.  Each agency

25  conducting a joint investigation shall be entitled to full

26  access to the information gathered by the department in the

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

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

29  3 working days after making the oral report. A criminal

30  investigation shall be coordinated, whenever possible, with

31  the child protective investigation of the department. Any

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  1  interested person who has information regarding the offenses

  2  described in this subsection may forward a statement to the

  3  state attorney as to whether prosecution is warranted and

  4  appropriate. Within 15 days after the completion of the

  5  investigation, the state attorney shall report the findings to

  6  the department and shall include in such report a

  7  determination of whether or not prosecution is justified and

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

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

10  39.3035, Florida Statutes, 1998 Supplement, is amended to

11  read:

12         39.3035  Child advocacy centers; standards; state

13  funding.--

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

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

16  child advocacy center in this state shall:

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

18  agreement incorporate the participation and services of a

19  child protection team, with established community protocols

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

21  Children's Advocacy Centers, Inc.

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

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

24         39.304  Photographs, medical examinations, X rays, and

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

26         (1)  Any person required to investigate cases of

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

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

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

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

31  examination, or if the child verbally complains or otherwise

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  1  exhibits distress as a result of injury through suspected

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

  3  been sexually abused, the person required to investigate may

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

  5  physician or an emergency department in a hospital without the

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

  7  Such examination may be performed by any licensed physician or

  8  physician assistant or an advanced registered nurse

  9  practitioner licensed pursuant to chapter 464. Any licensed

10  physician, or advanced registered nurse practitioner licensed

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

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

13  neglect may authorize a radiological examination to be

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

15  parent, caregiver, or legal custodian.

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

17  bear the initial costs of the examination of the allegedly

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

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

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

21  other than an initial forensic physical examination as

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

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

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

25  indirectly, for the cost of an initial forensic physical

26  examination.

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

28  Statutes, 1998 Supplement, is amended to read:

29         39.311  Establishment of Family Builders Program.--

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

31  the department shall provide family preservation services:

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

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

  3         (b)  To reunite families whose children have been

  4  removed and placed in foster care;, and

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

  6  risk of fragmentation.

  7

  8  The Family Builders Program shall provide programs to achieve

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

10  remain with their families as an alternative to the more

11  expensive and potentially psychologically damaging program of

12  out-of-home placement.

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

14  39.312, Florida Statutes, 1998 Supplement, are amended to

15  read:

16         39.312  Goals.--The goals of any Family Builders

17  Program shall be to:

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

19  and safety while working with the family.

20         (5)  Assist and educate parents in Perform household

21  maintenance, budgeting, and purchasing when parents are unable

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

23         (10)  Provide such additional reasonable services for

24  the prevention of child abuse, abandonment, and neglect

25  maltreatment and unnecessary foster care as may be needed in

26  order to strengthen a family at risk.

27         Section 20.  Section 39.313, Florida Statutes, 1998

28  Supplement, is amended to read:

29         39.313  Contracting of services.--The department may

30  contract for the delivery of Family Builders Program services

31  by professionally qualified persons or local governments when

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

  2  interest.  The service provider or program operator must

  3  submit to the department monthly activity reports covering any

  4  services rendered.  These activity reports must include

  5  project evaluation in relation to individual families being

  6  served, as well as statistical data concerning families

  7  referred for services who are not served due to the

  8  unavailability of resources.  The costs of program evaluation

  9  are an allowable cost consideration in any service contract

10  negotiated in accordance with this section.

11         Section 21.  Section 39.395, Florida Statutes, 1998

12  Supplement, is amended to read:

13         39.395  Detaining a child; medical or hospital

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

15  institution, or any physician or licensed health care

16  professional treating a child may detain that child without

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

18  whether or not additional medical treatment is required, if

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

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

21  parents, caregiver, or legal custodian presents an imminent

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

23  such person detaining a child shall immediately notify the

24  department, whereupon the department shall immediately begin a

25  child protective investigation in accordance with the

26  provisions of this chapter and shall make every reasonable

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

28  custodian that such child has been detained.  If the

29  department determines, according to the criteria set forth in

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

31  hours, it shall petition the court through the attorney

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  1  representing the Department of Children and Family Services as

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

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

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

  5  avoid the placement of a child in an institution whenever

  6  possible.

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

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

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

10         39.401  Taking a child alleged to be dependent into

11  custody; law enforcement officers and authorized agents of the

12  department.--

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

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

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

16  has probable cause to support a finding or reasonable grounds

17  for removal and that removal is necessary to protect the

18  child.  Reasonable grounds for removal are as follows:

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

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

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

22  abandonment;

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

24  responsible adult relative of the child has materially

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

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

27  caregiver, or responsible adult relative immediately known and

28  available to provide supervision and care.

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

30  into custody, that officer shall:

31         (a)  Release the child to:

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

  2  child;

  3         2.  A responsible adult approved by the court when

  4  limited to temporary emergency situations;

  5         3.  A responsible adult relative who shall be given

  6  priority consideration over a nonrelative placement when this

  7  is in the best interests of the child; or

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

  9

10  For cases involving allegations of abandonment, abuse, or

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

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

13  authorized agent of the department, the law enforcement

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

15  written report to the department.

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

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

18  authorized agent shall review the facts supporting the removal

19  with an attorney representing the department. The purpose of

20  this review shall be to determine whether probable cause

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

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

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

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

25  sufficient to support the filing of the shelter petition and

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

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

28  schedule a hearing, and the attorney representing the

29  department of Children and Family Services shall request that

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

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

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  1  awaiting the shelter hearing, the authorized agent of the

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

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

  4  responsible adult relative who shall be given priority

  5  consideration over a licensed placement, or a responsible

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

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

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

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

10  department's automated abuse information system, on all

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

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

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

14  be dependent until the parent or legal custodian assumes care

15  of the child.

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

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

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

19  Supplement, are amended to read:

20         39.402  Placement in a shelter.--

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

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

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

24  believe that are reasonable grounds for removal and removal is

25  necessary to protect the child.  Reasonable grounds for

26  removal are as follows:

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

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

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

30  abandonment;

31

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

  2  materially violated a condition of placement imposed by the

  3  court; or

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

  5  caregiver, or responsible adult relative immediately known and

  6  available to provide supervision and care.

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

  8  shall be given such notice as best ensures their actual

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

10  shelter hearing.  If the parents or legal custodians are

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

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

13  given such notice as best ensures their actual knowledge of

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

15  person providing or attempting to provide notice to the

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

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

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

19  to provide notice and the results of those attempts.

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

21  written notice that:

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

23  to present evidence at the shelter hearing; and

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

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

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

27  subsequent hearing or proceeding, pursuant to the procedures

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

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

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

31  hours to enable the parents or legal custodians to consult

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

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

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

  4         (6)

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

  6  address each condition required to be determined by the court

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

  8         (8)

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

10  must identify the parties present at the hearing and must

11  contain written findings:

12         1.  That placement in shelter care is necessary based

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

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

15  interest of the child.

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

17  contrary to the welfare of the child because the home

18  situation presents a substantial and immediate danger to the

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

20  cannot be mitigated by the provision of preventive services.

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

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

23  that the child is dependent.

24         5.  That the department has made reasonable efforts to

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

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

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

28  department is deemed to have made reasonable efforts to

29  prevent or eliminate the need for removal if:

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

31  occurs during an emergency;.

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  1         b.  The appraisal of the home situation by the

  2  department indicates that the home situation presents a

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

  4  mental, or emotional health or safety which cannot be

  5  mitigated by the provision of preventive services;.

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

  7  because there are no preventive services that can ensure the

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

  9  appropriate and available services being provided, the health

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

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

12  committed any of the acts listed as grounds for expedited

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

14         6.  That the court notified the parents or legal

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

16  dependency hearing subsequent dependency proceedings,

17  including scheduled hearings, and of the importance of the

18  active participation of the parents or legal custodians in all

19  those subsequent proceedings and hearings.

20         7.  That the court notified the parents or legal

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

22  shelter hearing and at each subsequent hearing or proceeding,

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

24  the procedures set forth in s. 39.013.

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

26  court order following a shelter hearing, the court shall

27  require in the prepare a shelter hearing order that requiring

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

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

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

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

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

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

  3  shall be delivered to the judge having jurisdiction of the

  4  guardianship estate. The shelter order shall also require the

  5  parents or legal custodians to provide to the department and

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

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

  8  information necessary to accurately calculate child support

  9  pursuant to s. 61.30.

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

11  shall notify all parties in writing of the next scheduled

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

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

14  shelter status, in conjunction with the arraignment hearing,

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

16  shelter status.

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

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

19  amended to read:

20         39.407  Medical, psychiatric, and psychological

21  examination and treatment of child; physical or mental

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

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

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

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

26  authorized to have a medical screening performed on the child

27  without authorization from the court and without consent from

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

29  performed by a licensed health care professional and shall be

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

31  diseases and to determine the need for immunization.  The

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  1  department shall by rule establish the invasiveness of the

  2  medical procedures authorized to be performed under this

  3  subsection.  In no case does this subsection authorize the

  4  department to consent to medical treatment for such children.

  5         (2)  When the department has performed the medical

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

  7  otherwise determined by a licensed health care professional

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

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

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

11  need for immunization, consent for medical treatment shall be

12  obtained in the following manner:

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

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

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

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

17  unavailable and his or her whereabouts cannot be reasonably

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

19  court order cannot reasonably be obtained, an authorized agent

20  of the department shall have the authority to consent to

21  necessary medical treatment, including immunization, for the

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

23  treatment in this circumstance shall be limited to the time

24  reasonably necessary to obtain court authorization.

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

26  available but refuses to consent to the necessary treatment,

27  including immunization, a court order shall be required unless

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

29  743.064 or the treatment needed is related to suspected abuse,

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

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

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  1  the authority to consent to necessary medical treatment.  This

  2  authority is limited to the time reasonably necessary to

  3  obtain court authorization.

  4

  5  In no case shall the department consent to sterilization,

  6  abortion, or termination of life support.

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

  8  placement the physical custody of the department to be

  9  examined by a licensed health care professional.  The judge

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

11  a psychologist, by a district school board educational needs

12  assessment team, or, if a developmental disability is

13  suspected or alleged, by the developmental disability

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

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

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

17  394.463(2) or chapter 393 shall be used, whichever is

18  applicable. The educational needs assessment provided by the

19  district school board educational needs assessment team shall

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

21  achievement tests, screening for learning disabilities and

22  other handicaps, and screening for the need for alternative

23  education as defined in s. 230.23.

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

25  placement the physical custody of the department to be treated

26  by a licensed health care professional based on evidence that

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

28  such child to receive mental health or retardation services

29  from a psychiatrist, psychologist, or other appropriate

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

31  residential facility for such services, then the procedures

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

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

  3  health or retardation services in emergency situations,

  4  pursuant to the procedures and criteria contained in s.

  5  394.463(1) or chapter 393, whichever is applicable.

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

  7  physical custody of the department, a licensed health care

  8  professional shall be immediately called if there are

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

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

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

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

13  remain financially responsible for the cost of medical

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

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

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

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

18  reimburse the department or other provider of medical services

19  for treatment provided.

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

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

22  Supplement, are amended to read:

23         39.501  Petition for dependency.--

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

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

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

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

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

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

30  department.

31

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

  2  known, whether:

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

  4  the petition has previously unsuccessfully participated in

  5  voluntary services offered by the department;

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

  7  has participated in mediation and whether a mediation

  8  agreement exists;

  9         3.  A parent or legal custodian has rejected the

10  voluntary services offered by the department; or

11         4.  The department has determined that voluntary

12  services are not appropriate for this family and the reasons

13  for such determination.

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

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

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

17  21 days after the shelter hearing, or within 7 days after any

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

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

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

21  the child was referred to protective investigation. The

22  child's parent, guardian, or legal custodian must be served

23  with a copy of the petition at least 72 hours before the

24  arraignment hearing.

25         Section 26.  Subsections (1), (4), (8), (10), and (13)

26  of section 39.502, Florida Statutes, 1998 Supplement, are

27  amended to read:

28         39.502  Notice, process, and service.--

29         (1)  Unless parental rights have been terminated, all

30  parents and legal custodians must be notified of all

31  proceedings or hearings involving the child. Notice in cases

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  1  involving shelter hearings and hearings resulting from medical

  2  emergencies must be that most likely to result in actual

  3  notice to the parents and legal custodians. In all other

  4  dependency proceedings, notice must be provided in accordance

  5  with subsections (4) through (9).

  6         (4)  The summons shall require the person on whom it is

  7  served to appear for a hearing at a time and place specified,

  8  not less than 72 24 hours after service of the summons.  A

  9  copy of the petition shall be attached to the summons.

10         (8)  It is not necessary to the validity of a

11  proceeding covered by this part that the parents, caregivers,

12  or legal custodians be present if their identity or residence

13  is unknown after a diligent search has been made, but in this

14  event the petitioner shall file an affidavit of diligent

15  search prepared by the person who made the search and inquiry,

16  and the court may appoint a guardian ad litem for the child.

17         (10)  Service by publication shall not be required for

18  dependency hearings and the failure to serve a party or give

19  notice to a participant shall not affect the validity of an

20  order of adjudication or disposition if the court finds that

21  the petitioner has completed a diligent search for that party

22  or participant.

23         (13)  Subpoenas may be served within the state by any

24  person over 18 years of age who is not a party to the

25  proceeding and, in addition, may be served by authorized

26  agents of the department or the guardian ad litem.

27         Section 27.  Subsections (1) and (6) of section 39.503,

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

29         39.503  Identity or location of parent or legal

30  custodian unknown; special procedures.--

31

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  1         (1)  If the identity or location of a parent or legal

  2  custodian is unknown and a petition for dependency or shelter

  3  is filed, the court shall conduct the following inquiry of the

  4  parent or legal custodian who is available, or, if no parent

  5  or legal custodian is available, of any relative or custodian

  6  of the child who is present at the hearing and likely to have

  7  the information:

  8         (a)  Whether the mother of the child was married at the

  9  probable time of conception of the child or at the time of

10  birth of the child.

11         (b)  Whether the mother was cohabiting with a male at

12  the probable time of conception of the child.

13         (c)  Whether the mother has received payments or

14  promises of support with respect to the child or because of

15  her pregnancy from a man who claims to be the father.

16         (d)  Whether the mother has named any man as the father

17  on the birth certificate of the child or in connection with

18  applying for or receiving public assistance.

19         (e)  Whether any man has acknowledged or claimed

20  paternity of the child in a jurisdiction in which the mother

21  resided at the time of or since conception of the child, or in

22  which the child has resided or resides.

23         (6)  The diligent search required by subsection (5)

24  must include, at a minimum, inquiries of all relatives of the

25  parent or prospective parent made known to the petitioner,

26  inquiries of all offices of program areas of the department

27  likely to have information about the parent or prospective

28  parent, inquiries of other state and federal agencies likely

29  to have information about the parent or prospective parent,

30  inquiries of appropriate utility and postal providers, and

31  inquiries of appropriate law enforcement agencies. Pursuant to

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  1  s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(B)(4),

  2  the department, as the state agency administering Titles IV-B

  3  and IV-E of the act, shall be provided access to the federal

  4  and state parent locator service for diligent search

  5  activities.

  6         Section 28.  Paragraph (a) of subsection (1) and

  7  paragraph (a) of subsection (3) of section 39.504, Florida

  8  Statutes, 1998 Supplement, are amended to read:

  9         39.504  Injunction pending disposition of petition;

10  penalty.--

11         (1)(a)  When a petition for shelter placement detention

12  or a petition for dependency has been filed or when a child

13  has been taken into custody and reasonable cause, as defined

14  in paragraph (b), exists, the court, upon the request of the

15  department, a law enforcement officer, the state attorney, or

16  other responsible person, or upon its own motion, shall have

17  the authority to issue an injunction to prevent any act of

18  child abuse or any unlawful sexual offense involving a child.

19         (3)(a)  In every instance in which an injunction is

20  issued under this section, the purpose of the injunction shall

21  be primarily to protect and promote the best interests of the

22  child, taking the preservation of the child's immediate family

23  into consideration.  The effective period of the injunction

24  shall be determined by the court, except that the injunction

25  will expire at the time of the disposition of the petition for

26  shelter placement detention or dependency.

27         Section 29.  Section 39.506, Florida Statutes, 1998

28  Supplement, is amended to read:

29         39.506  Arraignment hearings.--

30         (1)  When a child has been sheltered detained by order

31  of the court, an arraignment hearing must be held no later

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  1  than 28 days after the shelter hearing, or, within 7 days

  2  after the date of filing of the dependency petition if a

  3  demand for early filing has been made by any party, for the

  4  parent or legal custodian to admit, deny, or consent to

  5  findings of dependency alleged in the petition. If the parent

  6  or legal custodian admits or consents to the findings in the

  7  petition, the court shall conduct a disposition hearing within

  8  15 days after the arraignment hearing proceed as set forth in

  9  the Florida Rules of Juvenile Procedure. However, if the

10  parent or legal custodian denies any of the allegations of the

11  petition, the court shall hold an adjudicatory hearing within

12  30 days after the date of the arraignment hearing unless a

13  continuance is granted pursuant to this chapter.

14         (2)  When a child is in the custody of the parent or

15  legal custodian, upon the filing of a petition the clerk shall

16  set a date for an arraignment hearing within a reasonable time

17  after the date of the filing. If the parent or legal custodian

18  admits or consents to an adjudication, the court shall conduct

19  a disposition hearing within 15 days after the arraignment

20  hearing proceed as set forth in the Florida Rules of Juvenile

21  Procedure. However, if the parent or legal custodian denies

22  any of the allegations of dependency, the court shall hold an

23  adjudicatory hearing within 30 days a reasonable time after

24  the date of the arraignment hearing.

25         (3)  Failure of a person served with notice to

26  personally respond or appear at the arraignment hearing

27  constitutes the person's consent to a dependency adjudication.

28  The document containing the notice to respond or appear must

29  contain, in type at least as large as the balance of the

30  document, the following or substantially similar language:

31  "FAILURE TO RESPOND TO THIS NOTICE OR TO PERSONALLY APPEAR AT

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  1  THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE

  2  ADJUDICATION OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD

  3  (OR CHILDREN) AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF

  4  THIS CHILD (OR CHILDREN)." If a person appears for the

  5  arraignment hearing and the court orders that person to

  6  personally appear at the adjudicatory hearing for dependency,

  7  stating the date, time, and place of the adjudicatory hearing,

  8  then that person's failure to appear for the scheduled

  9  adjudicatory hearing constitutes consent to a dependency

10  adjudication.

11         (4)  At the arraignment hearing, each party shall

12  provide to the court a permanent mailing address. The court

13  shall advise each party that this address will be used by the

14  court and the petitioner for notice purposes unless and until

15  the party notifies the court and the petitioner in writing of

16  a new mailing address.

17         (5)  If at the arraignment hearing the parent or legal

18  custodian consents or admits to the allegations in the

19  petition, the court shall proceed to hold a disposition

20  dispositional hearing no more than 15 days after the date of

21  the arraignment hearing unless a continuance is necessary.

22         (6)  At any arraignment hearing, if the child is in an

23  out-of-home placement, the court shall order visitation rights

24  absent a clear and convincing showing that visitation is not

25  in the best interest of the child.

26         (7)  The court shall review whether the department has

27  made a reasonable effort to prevent or eliminate the need for

28  removal or continued removal of the child from the home. If

29  the court determines that the department has not made such an

30  effort, the court shall order the department to provide

31  appropriate and available services to assure the protection of

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  1  the child in the home when such services are necessary for the

  2  child's physical, mental, or emotional health and safety.

  3         (8)  At the arraignment hearing, and no more than every

  4  15 days thereafter until the child is returned home or a

  5  disposition hearing has been conducted, the court shall review

  6  the necessity for the child's continued placement in the

  7  shelter. The court shall also make a written determination

  8  regarding the child's continued placement in shelter within 24

  9  hours after any violation of the time requirements for the

10  filing of a petition or prior to the court's granting any

11  continuance as specified in subsection (5).

12         (9)  At the conclusion of the arraignment hearing, all

13  parties shall be notified in writing by the court of the date,

14  time, and location for the next scheduled hearing.

15         Section 30.  Subsections (2), (5), (6), and (7) of

16  section 39.507, Florida Statutes, 1998 Supplement, are amended

17  to read:

18         39.507  Adjudicatory hearings; orders of

19  adjudication.--

20         (2)  All hearings, except as provided in this section,

21  shall be open to the public, and a person may not be excluded

22  except on special order of the judge, who may close any

23  hearing to the public upon determining that the public

24  interest or the welfare of the child is best served by so

25  doing. However, The parents shall be allowed to obtain

26  discovery pursuant to the Florida Rules of Juvenile Procedure,

27  provided such discovery does not violate.  However, nothing in

28  this subsection shall be construed to affect the provisions of

29  s. 39.202. Hearings involving more than one child may be held

30  simultaneously when the children involved are related to each

31  other or were involved in the same case. The child and the

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  1  parents, caregivers, or legal custodians of the child may be

  2  examined separately and apart from each other.

  3         (5)  If the court finds that the child named in the

  4  petition is dependent, but finds that no action other than

  5  supervision in the child's home is required, it may enter an

  6  order briefly stating the facts upon which its finding is

  7  based, but withholding an order of adjudication and placing

  8  the child's home under the supervision of the department.  If

  9  the court later finds that the parents, caregivers, or legal

10  custodians of the child have not complied with the conditions

11  of supervision imposed, the court may, after a hearing to

12  establish the noncompliance, but without further evidence of

13  the state of dependency, enter an order of adjudication and

14  shall thereafter have full authority under this chapter to

15  provide for the child as adjudicated. If the child is to

16  remain in an out-of-home placement by order of the court, the

17  court must adjudicate the child dependent.

18         (6)  If the court finds that the child named in a

19  petition is dependent, but chooses not to withhold

20  adjudication or is prohibited from withholding adjudication

21  shall elect not to proceed under subsection (5), it shall

22  incorporate that finding in an order of adjudication entered

23  in the case, briefly stating the facts upon which the finding

24  is made, and the court shall thereafter have full authority

25  under this chapter to provide for the child as adjudicated.

26         (7)  At the conclusion of the adjudicatory hearing, if

27  the child named in the petition is found dependent, the court

28  shall schedule the disposition hearing within 30 days after

29  the last day of the adjudicatory hearing the filing of the

30  adjudicatory order. All parties shall be notified in writing

31  at the conclusion of the adjudicatory hearing by the clerk of

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  1  the court of the date, time, and location of the disposition

  2  hearing.

  3         Section 31.  Section 39.508, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         39.508  Disposition hearings; powers of disposition.--

  6         (1)  At the disposition hearing, if the court finds

  7  that the facts alleged in the petition for dependency were

  8  proven in the adjudicatory hearing, or if the parents,

  9  caregivers, or legal custodians have consented to the finding

10  of dependency or admitted the allegations in the petition,

11  have failed to appear for the arraignment hearing after proper

12  notice, or have not been located despite a diligent search

13  having been conducted, the court shall receive and consider a

14  case plan and a predisposition study, which must be in writing

15  and presented by an authorized agent of the department.

16         (2)  The predisposition study shall cover for any

17  dependent child all factors specified in s. 61.13(3), and must

18  also provide the court with the following documented

19  information:

20         (a)  An assessment defining the dangers and risks of

21  returning the child home, including a description of the

22  changes in and resolutions to the initial risks.

23         (b)  A description of what risks are still present and

24  what resources are available and will be provided for the

25  protection and safety of the child.

26         (c)  A description of the benefits of returning the

27  child home.

28         (d)  A description of all unresolved issues.

29         (e)  An abuse registry history and criminal records

30  check for all caregivers, family members, and individuals

31  residing within the household.

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  1         (f)  The complete report and recommendation of the

  2  child protection team of the Department of Health or, if no

  3  report exists, a statement reflecting that no report has been

  4  made.

  5         (g)  All opinions or recommendations from other

  6  professionals or agencies that provide evaluative, social,

  7  reunification, or other services to the family.

  8         (h)  The availability of appropriate prevention and

  9  reunification services for the family to prevent the removal

10  of the child from the home or to reunify the child with the

11  family after removal, including the availability of family

12  preservation services through the Family Builders Program, the

13  Intensive Crisis Counseling Program, or both.

14         (i)  The inappropriateness of other prevention and

15  reunification services that were available.

16         (j)  The efforts by the department to prevent

17  out-of-home placement of the child or, when applicable, to

18  reunify the family if appropriate services were available,

19  including the application of intensive family preservation

20  services through the Family Builders Program, the Intensive

21  Crisis Counseling Program, or both.

22         (k)  Whether the services were provided to the family

23  and child.

24         (l)  If the services were provided, whether they were

25  sufficient to meet the needs of the child and the family and

26  to enable the child to remain safely at home or to be returned

27  home.

28         (m)  If the services were not provided, the reasons for

29  such lack of action.

30

31

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  1         (n)  The need for, or appropriateness of, continuing

  2  the services if the child remains in the custody of the family

  3  or if the child is placed outside the home.

  4         (o)  Whether family mediation was provided.

  5         (p)  If the child has been removed from the home and

  6  there is a parent, caregiver, or legal custodian who may be

  7  considered for custody pursuant to this section, a

  8  recommendation as to whether placement of the child with that

  9  parent, caregiver, or legal custodian would be detrimental to

10  the child.

11         (q)  If the child has been removed from the home and

12  will be remaining with a relative or other adult approved by

13  the court caregiver, a home study report concerning the

14  proposed placement shall be included in the predisposition

15  report.

16         (r)  If the child has been removed from the home, a

17  determination of the amount of child support each parent will

18  be required to pay pursuant to s. 61.30.

19

20  Any other relevant and material evidence, including other

21  written or oral reports, may be received by the court in its

22  effort to determine the action to be taken with regard to the

23  child and may be relied upon to the extent of its probative

24  value, even though not competent in an adjudicatory hearing.

25  Except as otherwise specifically provided, nothing in this

26  section prohibits the publication of proceedings in a hearing.

27         (3)(a)  Prior to recommending to the court any

28  out-of-home placement for a child other than placement in a

29  licensed shelter or foster home, the department shall conduct

30  a study of the home of the proposed legal custodians

31  caregivers, which must include, at a minimum:

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  1         1.  An interview with the proposed legal custodians

  2  adult caregivers to assess their ongoing commitment and

  3  ability to care for the child.

  4         2.  Records checks through the department's automated

  5  abuse information system, and local and statewide criminal and

  6  juvenile records checks through the Department of Law

  7  Enforcement, on all household members 12 years of age or older

  8  and any other persons made known to the department who are

  9  frequent visitors in the home.

10         3.  An assessment of the physical environment of the

11  home.

12         4.  A determination of the financial security of the

13  proposed legal custodians caregivers.

14         5.  A determination of suitable child care arrangements

15  if the proposed legal custodians caregivers are employed

16  outside of the home.

17         6.  Documentation of counseling and information

18  provided to the proposed legal custodians caregivers regarding

19  the dependency process and possible outcomes.

20         7.  Documentation that information regarding support

21  services available in the community has been provided to the

22  proposed legal custodians caregivers.

23         (b)  The department shall not place the child or

24  continue the placement of the child in the home of the

25  proposed legal custodians caregivers if the results of the

26  home study are unfavorable.

27         (4)  If placement of the child with anyone other than

28  the child's parent, caregiver, or legal custodian is being

29  considered, the predisposition study shall include the

30  designation of a specific length of time as to when custody by

31

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  1  the parent, caregiver, or legal custodian will be

  2  reconsidered.

  3         (5)  The predisposition study may not be made before

  4  the adjudication of dependency unless the parents, caregivers,

  5  or legal custodians of the child consent.

  6         (6)  A case plan and predisposition study must be filed

  7  with the court and served upon the parents, caregivers, or

  8  legal custodians of the child, provided to the representative

  9  of the guardian ad litem program, if the program has been

10  appointed, and provided to all other parties not less than 72

11  hours before the disposition hearing. All such case plans must

12  be approved by the court. If the court does not approve the

13  case plan at the disposition hearing, the court must set a

14  hearing within 30 days after the disposition hearing to review

15  and approve the case plan.

16         (7)  The initial judicial review must be held no later

17  than 90 days after the date of the disposition hearing or

18  after the date of the hearing at which the court approves the

19  case plan, whichever occurs earlier, but in no event shall the

20  review be held later than 6 months after the date of the

21  child's removal from the home.

22         (8)  When any child is adjudicated by a court to be

23  dependent, and the court finds that removal of the child from

24  the custody of a parent or, legal custodian, or caregiver is

25  necessary, the court shall first determine whether there is a

26  parent with whom the child was not residing at the time the

27  events or conditions arose that brought the child within the

28  jurisdiction of the court who desires to assume custody of the

29  child and, if such parent requests custody, the court shall

30  place the child with the parent unless it finds that such

31  placement would endanger the safety, well-being, or physical,

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  1  mental, or emotional health of the child. Any party with

  2  knowledge of the facts may present to the court evidence

  3  regarding whether the placement will endanger the safety,

  4  well-being, or physical, mental, or emotional health of the

  5  child. If the court places the child with such parent, it may

  6  do either of the following:

  7         (a)  Order that the parent become the legal and

  8  physical custodian of the child. The court may also provide

  9  for reasonable visitation by the noncustodial parent. The

10  court may shall then terminate its jurisdiction over the

11  child. The custody order shall continue unless modified by a

12  subsequent order of the circuit court hearing dependency

13  matters. The order of the juvenile court shall be filed in any

14  dissolution or other custody action or proceeding between the

15  parents and shall take precedence over other custody and

16  visitation orders entered in those actions.

17         (b)  Order that the parent assume custody subject to

18  the jurisdiction of the circuit juvenile court hearing

19  dependency matters. The court may order that reunification

20  services be provided to the parent, caregiver, or legal

21  custodian from whom the child has been removed, that services

22  be provided solely to the parent who is assuming physical

23  custody in order to allow that parent to retain later custody

24  without court jurisdiction, or that services be provided to

25  both parents, in which case the court shall determine at every

26  review hearing which parent, if either, shall have custody of

27  the child. The standard for changing custody of the child from

28  one parent to another or to a relative or another adult

29  approved by the court shall be the best interest of the child

30  caregiver must meet the home study criteria and court approval

31  pursuant to this chapter.

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  1         (9)(a)  When any child is adjudicated by a court to be

  2  dependent, the court having jurisdiction of the child has the

  3  power, by order, to:

  4         1.  Require the parent, caregiver, or legal custodian,

  5  and the child when appropriate, to participate in treatment

  6  and services identified as necessary.

  7         2.  Require the parent, caregiver, or legal custodian,

  8  and the child when appropriate, to participate in mediation if

  9  the parent, caregiver, or legal custodian refused to

10  participate in mediation.

11         3.  Place the child under the protective supervision of

12  an authorized agent of the department, either in the child's

13  own home or, the prospective custodian being willing, in the

14  home of a relative of the child or of another adult a

15  caregiver approved by the court, or in some other suitable

16  place under such reasonable conditions as the court may

17  direct. Protective supervision continues until the court

18  terminates it or until the child reaches the age of 18,

19  whichever date is first. Protective supervision shall be

20  terminated by the court whenever the court determines that

21  permanency has been achieved for the child, whether with a

22  parent, another relative, or a legal custodian, or a

23  caregiver, and that protective supervision is no longer

24  needed.  The termination of supervision may be with or without

25  retaining jurisdiction, at the court's discretion, and shall

26  in either case be considered a permanency option for the

27  child.  The order terminating supervision by the department

28  shall set forth the powers of the custodian of the child and

29  shall include the powers ordinarily granted to a guardian of

30  the person of a minor unless otherwise specified. Upon the

31  court's termination of supervision by the department, no

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  1  further judicial reviews are required, so long as permanence

  2  has been established for the child.

  3         4.  Place the child in the temporary legal custody of

  4  an adult relative or other adult caregiver approved by the

  5  court who is willing to care for the child. The department

  6  must supervise this placement until the child reaches

  7  permanency status in this home, and in no case for a period of

  8  less than 6 months. Permanency in a relative placement shall

  9  be by adoption, long-term custody, or guardianship.

10         5.a.  When the parents have failed to comply with a

11  case plan and the court determines at a judicial review

12  hearing, or at an adjudication hearing held pursuant to this

13  section, that neither reunification, termination of parental

14  rights, nor adoption is in the best interest of the child, the

15  court may place the child in the long-term custody of an adult

16  relative or other adult caregiver approved by the court

17  willing to care for the child, if all of the following

18  conditions are met:

19         (I)  A case plan describing the responsibilities of the

20  relative or other adult caregiver, the department, and any

21  other party must have been submitted to the court.

22         (II)  The case plan for the child does not include

23  reunification with the parents or adoption by the relative or

24  other adult caregiver.

25         (III)  The child and the relative or other adult

26  caregiver are determined not to need protective supervision or

27  preventive services to ensure the stability of the long-term

28  custodial relationship, or the department assures the court

29  that protective supervision or preventive services will be

30  provided in order to ensure the stability of the long-term

31  custodial relationship.

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  1         (IV)  Each party to the proceeding agrees that a

  2  long-term custodial relationship does not preclude the

  3  possibility of the child returning to the custody of the

  4  parent at a later date, should the parent demonstrate a

  5  material change in circumstances and the return of the child

  6  to the parent is in the child's best interest.

  7         (V)  The court has considered the reasonable preference

  8  of the child if the court has found the child to be of

  9  sufficient intelligence, understanding, and experience to

10  express a preference.

11         (VI)  The court has considered the recommendation of

12  the guardian ad litem if one has been appointed.

13         (VII)  The relative or other adult has made a

14  commitment to provide for the child until the child reaches

15  the age of majority and to prepare the child for adulthood and

16  independence.

17         (VIII)  The relative or other adult agrees not to

18  return the child to the physical care and custody of the

19  person from whom the child was removed, including for short

20  visitation periods, without the approval of the court.

21         b.  The court shall retain jurisdiction over the case,

22  and the child shall remain in the long-term custody of the

23  relative or other adult caregiver approved by the court until

24  the order creating the long-term custodial relationship is

25  modified by the court. The court shall discontinue regular

26  judicial review hearings and may relieve the department of the

27  responsibility for supervising the placement of the child

28  whenever the court determines that the placement is stable and

29  that such supervision is no longer needed. The child must be

30  in the placement for a minimum of 6 continuous months before

31  the court may consider termination of the department's

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  1  supervision. Notwithstanding the retention of jurisdiction,

  2  the placement shall be considered a permanency option for the

  3  child when the court relieves the department of the

  4  responsibility for supervising the placement.  The order

  5  terminating supervision by the department shall set forth the

  6  powers of the custodian of the child and shall include the

  7  powers ordinarily granted to a guardian of the person of a

  8  minor unless otherwise specified. The court may modify the

  9  order terminating supervision of the long-term relative or

10  caregiver placement if it finds that a party to the proceeding

11  has shown a material change in circumstances which causes the

12  long-term relative or caregiver placement is to be no longer

13  in the best interest of the child.

14         6.a.  Approve placement of the child in long-term

15  out-of-home care, when the following conditions are met:

16         (I)  The foster child is 16 years of age or older,

17  unless the court determines that the history or condition of a

18  younger child makes long-term out-of-home care the most

19  appropriate placement.

20         (II)  The child demonstrates no desire to be placed in

21  an independent living arrangement pursuant to this subsection.

22         (III)  The department's social services study pursuant

23  to part VIII recommends long-term out-of-home care.

24

25  b.  Long-term out-of-home care under the above conditions

26  shall not be considered a permanency option.

27         b.c.  The court may approve placement of the child in

28  long-term out-of-home care, as a permanency option, when all

29  of the following conditions are met:

30         (I)  The child is 14 years of age or older.,

31

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  1         (II)  The child is living in a licensed home and the

  2  foster parents desire to provide care for the child on a

  3  permanent basis and the foster parents and the child do not

  4  desire adoption.,

  5         (III)  The foster family has made a commitment to

  6  provide for the child until he or she reaches the age of

  7  majority and to prepare the child for adulthood and

  8  independence., and

  9         (IV)  The child has remained in the home for a

10  continuous period of no less than 12 months.

11         (V)  The foster parents and the child view one another

12  as family and consider living together as the best place for

13  the child to be on a permanent basis.

14         (VI)  The department's social services study recommends

15  such placement and finds the child's well-being has been

16  promoted through living with the foster parents.

17

18  d.  Notwithstanding the retention of jurisdiction and

19  supervision by the department, long-term out-of-home care

20  placements made pursuant to this section shall be considered a

21  permanency option for the child.  For purposes of this

22  subsection, supervision by the department shall be defined as

23  a minimum of semiannual visits.  The order placing the child

24  in long-term out-of-home care as a permanency option shall set

25  forth the powers of the custodian of the child and shall

26  include the powers ordinarily granted to a guardian of the

27  person of a minor unless otherwise specified.  The court may

28  modify the permanency option of long-term out-of-home care if

29  it finds that a party to the proceeding has shown a material

30  change in circumstances which causes the placement is to be no

31  longer in the best interests of the child.

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  1         c.e.  Approve placement of the child in an independent

  2  living arrangement for any foster child 16 years of age or

  3  older, if it can be clearly established that this type of

  4  alternate care arrangement is the most appropriate plan and

  5  that the health, safety, and well-being of the child will not

  6  be jeopardized by such an arrangement. While in independent

  7  living situations, children whose legal custody has been

  8  awarded to the department or a licensed child-caring or

  9  child-placing agency, or who have been voluntarily placed with

10  such an agency by a parent, guardian, relative, or adult

11  nonrelative approved by the court, continue to be subject to

12  court review provisions.

13         7.  Commit the child to the temporary legal custody of

14  the department. Such commitment invests in the department all

15  rights and responsibilities of a legal custodian. The

16  department shall not return any child to the physical care and

17  custody of the person from whom the child was removed, except

18  for court-approved short visitation periods, without the

19  approval of the court. The term of such commitment continues

20  until terminated by the court or until the child reaches the

21  age of 18. After the child is committed to the temporary

22  custody of the department, all further proceedings under this

23  section are also governed by this chapter.

24         8.a.  Change the temporary legal custody or the

25  conditions of protective supervision at a postdisposition

26  hearing subsequent to the initial detention hearing, without

27  the necessity of another adjudicatory hearing. A child who has

28  been placed in the child's own home under the protective

29  supervision of an authorized agent of the department, in the

30  home of a relative, in the home of a legal custodian or

31  caregiver, or in some other place may be brought before the

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  1  court by the agent of the department who is supervising the

  2  placement or by any other interested person, upon the filing

  3  of a petition alleging a need for a change in the conditions

  4  of protective supervision or the placement. If the parents or

  5  other custodians deny the need for a change, the court shall

  6  hear all parties in person or by counsel, or both. Upon the

  7  admission of a need for a change or after such hearing, the

  8  court shall enter an order changing the placement, modifying

  9  the conditions of protective supervision, or continuing the

10  conditions of protective supervision as ordered. The standard

11  for changing custody of the child shall be the best interest

12  of the child. If the child is not placed in foster care, then

13  the new placement for the child from one parent to another or

14  to a relative or caregiver must meet the home study criteria

15  and court approval pursuant to this chapter.

16         b.  In cases where the issue before the court is

17  whether a child should be reunited with a parent, the court

18  shall determine whether the parent has substantially complied

19  with the terms of the case plan to the extent that the safety,

20  well-being, and physical, mental, and emotional health of the

21  child is not endangered by the return of the child to the

22  home.

23         (b)  The court shall, in its written order of

24  disposition, include all of the following:

25         1.  The placement or custody of the child as provided

26  in paragraph (a).

27         2.  Special conditions of placement and visitation.

28         3.  Evaluation, counseling, treatment activities, and

29  other actions to be taken by the parties, if ordered.

30         4.  The persons or entities responsible for supervising

31  or monitoring services to the child and family.

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  1         5.  Continuation or discharge of the guardian ad litem,

  2  as appropriate.

  3         6.  The date, time, and location of the next scheduled

  4  review hearing, which must occur within 90 days after the

  5  disposition hearing or within the earlier of:

  6         a.  Ninety days after the disposition hearing;

  7         b.  Ninety days after the court accepts the case plan;

  8         c.a.  Six months after the date of the last review

  9  hearing; or

10         d.b.  Six months after the date of the child's removal

11  from his or her home, if no review hearing has been held since

12  the child's removal from the home.

13         7.  Other requirements necessary to protect the health,

14  safety, and well-being of the child, to preserve the stability

15  of the child's educational placement, and to promote family

16  preservation or reunification whenever possible.

17         (c)  If the court finds that the prevention or

18  reunification efforts of the department will allow the child

19  to remain safely at home or be safely returned to the home,

20  the court shall allow the child to remain in or return to the

21  home after making a specific finding of fact that the reasons

22  for removal have been remedied to the extent that the child's

23  safety, well-being, and physical, mental, and emotional health

24  will not be endangered.

25         (d)  If the court places commits the child in an

26  out-of-home placement to the temporary legal custody of the

27  department, the disposition order must include a written

28  determination that the child cannot safely remain at home with

29  reunification or family preservation services and that removal

30  of the child is necessary to protect the child. If the child

31  has been removed before the disposition hearing, the order

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  1  must also include a written determination as to whether, after

  2  removal, the department has made a reasonable effort to

  3  reunify the family, if reasonable efforts are required.

  4  Reasonable efforts to reunify are not required if the court

  5  has found that any of the acts listed in s. 39.806(1)(f)-(i)

  6  have occurred. The department has the burden of demonstrating

  7  that it has made reasonable efforts under this paragraph.

  8         1.  For the purposes of this paragraph, the term

  9  "reasonable effort" means the exercise of reasonable diligence

10  and care by the department to provide the services delineated

11  in the case plan.

12         2.  In support of its determination as to whether

13  reasonable efforts have been made, the court shall:

14         a.  Enter written findings as to whether or not

15  prevention or reunification efforts were indicated.

16         b.  If prevention or reunification efforts were

17  indicated, include a brief written description of what

18  appropriate and available prevention and reunification efforts

19  were made.

20         c.  Indicate in writing why further efforts could or

21  could not have prevented or shortened the separation of the

22  family.

23         3.  A court may find that the department has made a

24  reasonable effort to prevent or eliminate the need for removal

25  if:

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

27  occurs during an emergency;.

28         b.  The appraisal by the department of the home

29  situation indicates that it presents a substantial and

30  immediate danger to the child's safety or physical, mental, or

31

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  1  emotional health which cannot be mitigated by the provision of

  2  preventive services;.

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

  4  because there are no preventive services that can ensure the

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

  6  available services being provided, the health and safety of

  7  the child cannot be ensured; or.

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

  9  committed any of the acts listed as grounds for expedited

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

11         4.  A reasonable effort by the department for

12  reunification of the family has been made if the appraisal of

13  the home situation by the department indicates that the

14  severity of the conditions of dependency is such that

15  reunification efforts are inappropriate. The department has

16  the burden of demonstrating to the court that reunification

17  efforts were inappropriate.

18         5.  If the court finds that the prevention or

19  reunification effort of the department would not have

20  permitted the child to remain safely at home, the court may

21  commit the child to the temporary legal custody of the

22  department or take any other action authorized by this

23  chapter.

24         (10)(a)  When any child is adjudicated by the court to

25  be dependent and temporary legal custody of the child has been

26  placed with an adult relative, legal custodian, or other adult

27  caregiver approved by the court, a licensed child-caring

28  agency, or the department, the court shall, unless a parent

29  has voluntarily executed a written surrender for purposes of

30  adoption, order the parents, or the guardian of the child's

31  estate if possessed of assets which under law may be disbursed

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  1  for the care, support, and maintenance of the child, to pay

  2  child support to the adult relative, legal custodian, or

  3  caregiver caring for the child, the licensed child-caring

  4  agency, or the department. The court may exercise jurisdiction

  5  over all child support matters, shall adjudicate the financial

  6  obligation, including health insurance, of the child's parents

  7  or guardian, and shall enforce the financial obligation as

  8  provided in chapter 61. The state's child support enforcement

  9  agency shall enforce child support orders under this section

10  in the same manner as child support orders under chapter 61.

11         (b)  Placement of the child pursuant to subsection (8)

12  shall not be contingent upon issuance of a support order.

13         (11)(a)  If the court does not commit the child to the

14  temporary legal custody of an adult relative, legal custodian,

15  or other adult caregiver approved by the court, the

16  disposition order shall include the reasons for such a

17  decision and shall include a determination as to whether

18  diligent efforts were made by the department to locate an

19  adult relative, legal custodian, or other adult caregiver

20  willing to care for the child in order to present that

21  placement option to the court instead of placement with the

22  department.

23         (b)  If diligent efforts are made to locate an adult

24  relative willing and able to care for the child but, because

25  no suitable relative is found, the child is placed with the

26  department or a legal custodian or other adult approved by the

27  court caregiver, both the department and the court shall

28  consider transferring temporary legal custody to an adult

29  relative approved by the court at a later date, but neither

30  the department nor the court is obligated to so place the

31  child if it is in the child's best interest to remain in the

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  1  current placement. For the purposes of this paragraph,

  2  "diligent efforts to locate an adult relative" means a search

  3  similar to the diligent search for a parent, but without the

  4  continuing obligation to search after an initial adequate

  5  search is completed.

  6         (12)  An agency granted legal custody shall have the

  7  right to determine where and with whom the child shall live,

  8  but an individual granted legal custody shall exercise all

  9  rights and duties personally unless otherwise ordered by the

10  court.

11         (13)  In carrying out the provisions of this chapter,

12  the court may order the natural parents, caregivers, or legal

13  custodians of a child who is found to be dependent to

14  participate in family counseling and other professional

15  counseling activities deemed necessary for the rehabilitation

16  of the child.

17         (14)  With respect to a child who is the subject in

18  proceedings under this chapter, the court shall issue to the

19  department an order to show cause why it should not return the

20  child to the custody of the natural parents, legal custodians,

21  or caregivers upon expiration of the case plan, or sooner if

22  the parents, legal custodians, or caregivers have

23  substantially complied with the case plan.

24         (15)  The court may at any time enter an order ending

25  its jurisdiction over a any child, except that, when a child

26  has been returned to the parents under subsection (14),

27  provided the court shall not terminate its jurisdiction or the

28  department's supervision over the child until 6 months after

29  the child's return. Based on a report of the department or

30  agency or the child's guardian ad litem, and any other

31  relevant factors, The court shall then determine whether its

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  1  jurisdiction should be continued or terminated in such a case

  2  based on a report of the department or agency or the child's

  3  guardian ad litem, and any other relevant factors; if its

  4  jurisdiction is to be terminated, the court shall enter an

  5  order to that effect.

  6         Section 32.  Paragraphs (a) and (d) of subsection (2)

  7  of section 39.5085, Florida Statutes, 1998 Supplement, are

  8  amended to read:

  9         39.5085  Relative Caregiver Program.--

10         (2)(a)  The Department of Children and Family Services

11  shall establish and operate the Relative Caregiver Program

12  pursuant to eligibility guidelines established in this section

13  as further implemented by rule of the department. The Relative

14  Caregiver Program shall, within the limits of available

15  funding, provide financial assistance to relatives who are

16  within the fifth degree by blood or marriage to the parent or

17  stepparent of a child and who are caring full-time for that

18  child in the role of substitute parent as a result of a

19  court's departmental determination of child abuse, neglect, or

20  abandonment and subsequent placement with the relative

21  pursuant to this chapter. Such placement may be either

22  court-ordered temporary legal custody to the relative pursuant

23  to s. 39.508(9)(a)4., or court-ordered placement in the home

24  of a relative under protective supervision of the department

25  pursuant to s. 39.508(9)(a)3.  The Relative Caregiver Program

26  shall offer financial assistance to caregivers who are

27  relatives and who would be unable to serve in that capacity

28  without the relative caregiver payment because of financial

29  burden, thus exposing the child to the trauma of placement in

30  a shelter or in foster care.

31

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  1         (d)  Relatives who are caring for children placed with

  2  them by the court pursuant to this chapter may child

  3  protection system shall receive a special monthly relative

  4  caregiver benefit established by rule of the department.  The

  5  amount of the special benefit payment shall be based on the

  6  child's age within a payment schedule established by rule of

  7  the department and subject to availability of funding. The

  8  statewide average monthly rate for children judicially placed

  9  with relatives who are not licensed as foster homes may not

10  exceed 82 percent of the statewide average foster care rate,

11  nor may the cost of providing the assistance described in this

12  section to any relative caregiver exceed the cost of providing

13  out-of-home care in emergency shelter or foster care.

14         Section 33.  Section 39.509, Florida Statutes, 1998

15  Supplement, is amended to read:

16         39.509  Grandparents rights.--Notwithstanding any other

17  provision of law, a maternal or paternal grandparent as well

18  as a stepgrandparent is entitled to reasonable visitation with

19  his or her grandchild who has been adjudicated a dependent

20  child and taken from the physical custody of the parent,

21  custodian, legal guardian, or caregiver unless the court finds

22  that such visitation is not in the best interest of the child

23  or that such visitation would interfere with the goals of the

24  case plan. Reasonable visitation may be unsupervised and,

25  where appropriate and feasible, may be frequent and

26  continuing.

27         (1)  Grandparent visitation may take place in the home

28  of the grandparent unless there is a compelling reason for

29  denying such a visitation. The department's caseworker shall

30  arrange the visitation to which a grandparent is entitled

31  pursuant to this section.  The state shall not charge a fee

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  1  for any costs associated with arranging the visitation.

  2  However, the grandparent shall pay for the child's cost of

  3  transportation when the visitation is to take place in the

  4  grandparent's home.  The caseworker shall document the reasons

  5  for any decision to restrict a grandparent's visitation.

  6         (2)  A grandparent entitled to visitation pursuant to

  7  this section shall not be restricted from appropriate displays

  8  of affection to the child, such as appropriately hugging or

  9  kissing his or her grandchild.  Gifts, cards, and letters from

10  the grandparent and other family members shall not be denied

11  to a child who has been adjudicated a dependent child.

12         (3)  Any attempt by a grandparent to facilitate a

13  meeting between the child who has been adjudicated a dependent

14  child and the child's parent or legal, custodian, or any other

15  person legal guardian, or caregiver in violation of a court

16  order shall automatically terminate future visitation rights

17  of the grandparent.

18         (4)  When the child has been returned to the physical

19  custody of his or her parent or permanent custodian, legal

20  guardian, or caregiver, the visitation rights granted pursuant

21  to this section shall terminate.

22         (5)  The termination of parental rights does not affect

23  the rights of grandparents unless the court finds that such

24  visitation is not in the best interest of the child or that

25  such visitation would interfere with the goals of permanency

26  planning for the child.

27         (6)  In determining whether grandparental visitation is

28  not in the child's best interest, consideration may be given

29  to the finding of guilt, regardless of adjudication, or entry

30  or plea of guilty or nolo contendere to charges under the

31  following statutes, or similar statutes of other

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  1  jurisdictions:  s. 787.04, relating to removing minors from

  2  the state or concealing minors contrary to court order; s.

  3  794.011, relating to sexual battery; s. 798.02, relating to

  4  lewd and lascivious behavior; chapter 800, relating to

  5  lewdness and indecent exposure; or chapter 827, relating to

  6  the abuse of children.  Consideration may also be given to a

  7  report finding of confirmed abuse, abandonment, or neglect

  8  under ss. 415.101-415.113 or this chapter and the outcome of

  9  the investigation concerning such report.

10         Section 34.  Subsections (1) and (2) of section 39.510,

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

12         39.510  Appeal.--

13         (1)  Any child, parent, guardian ad litem, caregiver,

14  or legal custodian of any child, any other party to the

15  proceeding who is affected by an order of the court, or the

16  department may appeal to the appropriate district court of

17  appeal within the time and in the manner prescribed by the

18  Florida Rules of Appellate Procedure. Appointed counsel shall

19  be compensated as provided in this chapter.

20         (2)  When the notice of appeal is filed in the circuit

21  court by a party other than the department, an attorney for

22  the department shall represent the state and the court upon

23  appeal and shall be notified of the appeal by the clerk when

24  the notice of appeal is filed in the circuit court by a party

25  other than the department.

26         Section 35.  Section 39.601, Florida Statutes, 1998

27  Supplement, is amended to read:

28         39.601  Case plan requirements.--

29         (1)  The department or agent of the department shall

30  develop a case plan for each child or child's family receiving

31  services pursuant to this chapter.  A parent, caregiver, or

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  1  legal custodian of a child may not be required nor coerced

  2  through threat of loss of custody or parental rights to admit

  3  in the case plan to abusing, neglecting, or abandoning a

  4  child. Where dependency mediation services are available and

  5  appropriate to the best interests of the child, the court may

  6  refer the case to mediation for development of a case plan.

  7  This section does not change the provisions of s. 39.807.

  8         (a)  The case plan must be developed in conference with

  9  the parent, caregiver, or legal custodian of the child and any

10  court-appointed guardian ad litem and, if appropriate, the

11  child.

12         (b)  The case plan must be written simply and clearly

13  in English and, if English is not the principal language of

14  the child's parent, caregiver, or legal custodian, to the

15  extent possible in such principal language.

16         (c)  The case plan must describe the minimum number of

17  face-to-face meetings to be held each month between the

18  parents, caregivers, or legal custodians and the department's

19  caseworkers to review progress of the plan, to eliminate

20  barriers to progress, and to resolve conflicts or

21  disagreements.

22         (d)  The case plan must be subject to modification

23  based on changing circumstances.

24         (e)  The case plan must be signed by all parties.

25         (f)  The case plan must be reasonable, accurate, and in

26  compliance with the requirements of other court orders.

27         (2)  When the child or family is receiving services,

28  the case plan must include, in addition to the requirements in

29  subsection (1), at a minimum:

30         (a)  A description of the problem being addressed that

31  includes the behavior or act of a parent or, legal custodian,

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  1  or caregiver resulting in risk to the child and the reason for

  2  the department's intervention.

  3         (b)  A description of the tasks with which the parent

  4  must comply and the services to be provided to the family and

  5  child specifically addressing the identified problem,

  6  including:

  7         1.  Type of services or treatment.

  8         2.  Frequency of services or treatment.

  9         3.  Location of the delivery of the services.

10         4.  The accountable department staff or service

11  provider.

12         (c)  A description of the measurable objectives,

13  including timeframes for achieving objectives, addressing the

14  identified problem.

15         (3)  When the child is receiving services in an

16  out-of-home a placement outside the child's home or in foster

17  care, the case plan must be filed with submitted to the court,

18  for approval by the court, at least 72 hours prior to at the

19  disposition hearing.  The case plan must be served on all

20  parties whose whereabouts are known at least 72 hours prior to

21  the disposition hearing and must include, in addition to the

22  requirements in subsections (1) and (2), at a minimum:

23         (a)  A description of the permanency goal for the

24  child, including the type of placement. Reasonable efforts to

25  place a child in a home that will serve as an adoptive

26  placement if reunification is not successful, for adoption or

27  with a legal custodian, guardian may be made concurrently with

28  reasonable efforts to prevent removal of the child from the

29  home or make it possible for the child to return safely home.

30         (b)  A description of the type of home or institution

31  in which the child is to be placed.

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  1         (c)  A description of the financial support obligation

  2  to the child, including health insurance, of the child's

  3  parent, parents, caregiver, or legal custodian.

  4         (d)  A description of the visitation rights and

  5  obligations of the parent or parents, caregiver, or legal

  6  custodian during the period the child is in care.

  7         (e)  A discussion of the safety and appropriateness of

  8  the child's placement, which placement is intended to be safe,

  9  the least restrictive and most family-like setting available

10  consistent with the best interest and special needs of the

11  child, and in as close proximity as possible to the child's

12  home. The plan must also establish the role for the foster

13  parents or legal custodians in the development of the services

14  which are to be provided to the child, foster parents, or

15  legal custodians. It must also address the child's need for

16  services while under the jurisdiction of the court and

17  implementation of these services in the case plan.

18         (f)  A description of the efforts to be undertaken to

19  maintain the stability of the child's educational placement.

20         (g)  A discussion of the department's plans to carry

21  out the judicial determination made by the court, with respect

22  to the child, in accordance with this chapter and applicable

23  federal regulations.

24         (h)  A description of the plan for assuring that

25  services outlined in the case plan are provided to the child

26  and the child's parent or parents, legal custodians, or

27  caregivers, to improve the conditions in the family home and

28  facilitate either the safe return of the child to the home or

29  the permanent placement of the child.

30         (i)  A description of the plan for assuring that

31  services as outlined in the case plan are provided to the

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  1  child, and the child's parent or parents, and the child's

  2  legal custodians, or caregivers, to address the needs of the

  3  child, and a discussion of the appropriateness of the

  4  services.

  5         (j)  A description of the plan for assuring that

  6  services are provided to the child and the child's legal

  7  custodians or foster parents to address the needs of the child

  8  while in an out-of-home placement foster care, which shall

  9  include an itemized list of costs to be borne by the parent or

10  caregiver associated with any services or treatment that the

11  parent and child are expected to receive.

12         (k)  A written notice to the parent that failure of the

13  parent to substantially comply with the case plan may result

14  in the termination of parental rights, and that a material

15  failure to substantially comply may result in the filing of a

16  petition for termination of parental rights sooner than the

17  compliance periods set forth in the case plan itself. The case

18  staffing committee shall coordinate its efforts with the child

19  protection team of the Department of Health.

20         (l)  In the case of a child for whom the permanency

21  plan is adoption or placement in another permanent home,

22  documentation of the steps the agency is taking to find an

23  adoptive family or other permanent living arrangement for the

24  child, to place the child with an adoptive family, with a fit

25  and willing relative, with a legal guardian, or in another

26  planned permanent living arrangement, and to finalize the

27  adoption or legal guardianship. At a minimum, such

28  documentation shall include child-specific recruitment efforts

29  such as the use of state, regional, and national adoption

30  exchanges, including electronic exchange systems.

31

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  1         (4)  In the event that the parents, legal custodians,

  2  or caregivers are unwilling or unable to participate in the

  3  development of a case plan, the department shall document that

  4  unwillingness or inability to participate. Such documentation

  5  must be provided in writing to the parent, legal custodians,

  6  or caregivers when available for the court record, and then

  7  the department shall prepare a case plan conforming as nearly

  8  as possible with the requirements set forth in this section.

  9  The unwillingness or inability of the parents, legal

10  custodians, or caregivers to participate in the development of

11  a case plan shall not in itself bar the filing of a petition

12  for dependency or for termination of parental rights. The

13  parents, legal custodians, or caregivers, if available, must

14  be provided a copy of the case plan and be advised that they

15  may, at any time prior to the filing of a petition for

16  termination of parental rights, enter into a case plan and

17  that they may request judicial review of any provision of the

18  case plan with which they disagree at any court review hearing

19  set for the child.

20         (5)  The services delineated in the case plan must be

21  designed either to improve the conditions in the family home

22  and aid in maintaining the child in the home, to facilitate

23  the safe return of the child to the family home, or to

24  facilitate the permanent placement of the child. The service

25  intervention must be the least intrusive possible into the

26  life of the family, must focus on clearly defined objectives,

27  and must provide the most efficient path to quick

28  reunification or permanent placement, with the child's health

29  and safety being paramount. To the extent possible, the

30  service intervention must be grounded in outcome evaluation

31  results that demonstrate success in the reunification or

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  1  permanent placement process. In designing service

  2  interventions, generally recognized standards of the

  3  professions involved in the process must be taken into

  4  consideration.

  5         (6)  After jurisdiction attaches, all case plans must

  6  be filed with the court and a copy provided to all the

  7  parents, caregivers, or legal custodians of the child, to the

  8  representative of the guardian ad litem program if the program

  9  has been appointed, and to all other parties whose whereabouts

10  are known, not less than 72 hours before the disposition

11  hearing. All such case plans must be approved by the court.

12  The department shall also file with the court all case plans

13  prepared before jurisdiction of the court attached. If, after

14  review of the case plan, the court does not approve accept the

15  case plan, the court shall require the parties to make

16  necessary modifications to the plan. An amended plan must be

17  submitted to the court for review and approval within 30 days

18  after the hearing on the case plan. This amended plan must be

19  served on all parties whose whereabouts are known, at least 72

20  hours prior to filing with the court.

21         (7)  The case plan must be limited to as short a period

22  as possible for the accomplishment of its provisions. Unless

23  extended, the plan expires no later than 12 months after the

24  date the child was initially removed from the home or the date

25  the case plan was accepted by the court, whichever comes

26  first.

27         (8)  The case plan must meet applicable federal and

28  state requirements.

29         (9)(a)  In each case in which the custody of a child

30  has been vested, either voluntarily or involuntarily, in the

31  department and the child has been placed in out-of-home care,

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  1  a case plan must be prepared within 60 days after the

  2  department removes the child from the home, and shall be

  3  submitted to the court before the disposition hearing, for the

  4  court to review and approve accept. If the preparation of a

  5  case plan, in conference with the parents and other pertinent

  6  parties, cannot be completed before the disposition hearing,

  7  for good cause shown, the court may grant an extension not to

  8  exceed 30 days and set a hearing to review and approve accept

  9  the case plan.

10         (b)  The parent or parents, legal custodians, or

11  caregivers may receive assistance from any person or social

12  service agency in the preparation of the case plan.

13         (c)  The social service agency, the department, and the

14  court, when applicable, shall inform the parent or parents,

15  legal custodians, or caregivers of the right to receive such

16  assistance, including the right to assistance of counsel.

17         (d)  Before the signing of the case plan, the

18  authorized agent of the department shall explain it to all

19  persons involved in its implementation, including, when

20  appropriate, the child.

21         (e)  After the case plan has been agreed upon and

22  signed by the parties involved, a copy of the plan must be

23  given immediately to the parents, the department or agency,

24  the foster parents or caregivers, the legal custodian, the

25  caregiver, the representative of the guardian ad litem program

26  if the program is appointed, and any other parties identified

27  by the court, including the child, if appropriate.

28         (f)  The case plan may be amended at any time if all

29  parties are in agreement regarding the revisions to the plan

30  and the plan is submitted to the court with a memorandum of

31  explanation, if the court approves such amendment. The case

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  1  plan may also be amended by the court or upon motion of any

  2  party at a hearing, based on competent evidence demonstrating

  3  the need for the amendment. A copy of the amended plan must be

  4  immediately given to the persons parties specified in

  5  paragraph (e).

  6         (10)  A case plan must be prepared, but need not be

  7  submitted to the court, for a child who will be in care no

  8  longer than 30 days unless that child is placed in out-of-home

  9  care a second time within a 12-month period.

10         Section 36.  Subsection (1) and paragraph (a) of

11  subsection (4) of section 39.602, Florida Statutes, 1998

12  Supplement, are amended to read:

13         39.602  Case planning when parents, legal custodians,

14  or caregivers do not participate and the child is in

15  out-of-home care.--

16         (1)  In the event the parents, legal custodians, or

17  caregivers will not or cannot participate in preparation of a

18  case plan, the department shall submit a full explanation of

19  the circumstances and state the nature of its efforts to

20  secure such persons' participation in the preparation of a

21  case plan.

22         (4)(a)  At least 72 hours prior to the hearing in which

23  the court will consider approval of the case plan filing of a

24  plan, all parties must be provided with a copy of the plan

25  developed by the department.  If the location of one or both

26  parents is unknown, this must be documented in writing and

27  included in the plan submitted to the court.  After the filing

28  of the plan, if the location of an absent parent becomes

29  known, that parent must be served with a copy of the plan.

30         Section 37.  Subsections (2) and (3) of section 39.603,

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

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  1         39.603  Court approvals of case planning.--

  2         (2)  When the court determines that any of the elements

  3  considered at the hearing related to the plan have not been

  4  met, the court shall require the parties to make necessary

  5  amendments to the plan. The amended plan must be submitted to

  6  the court for review and approval within 30 days after the

  7  hearing a time certain specified by the court. A copy of the

  8  amended plan must also be provided to each party parent, if

  9  the location of the party parent is known, at least 72 hours

10  prior to filing with the court.

11         (3)  A parent who has not participated in the

12  development of a case plan must be served with a copy of the

13  plan developed by the department, if the parent can be

14  located, at least 72 48 hours prior to the court hearing. Any

15  parent is entitled to, and may seek, a court review of the

16  plan prior to the initial judicial review and must be informed

17  of this right by the department at the time the department

18  serves the parent with a copy of the plan.  If the location of

19  an absent parent becomes known to the department, the

20  department shall inform the parent of the right to a court

21  review at the time the department serves the parent with a

22  copy of the case plan.

23         Section 38.  Section 39.701, Florida Statutes, 1998

24  Supplement, is amended to read:

25         39.701  Judicial review.--

26         (1)(a)  The court shall have continuing jurisdiction in

27  accordance with this section and shall review the status of

28  the child at least every 6 months as required by this

29  subsection or more frequently if the court deems it necessary

30  or desirable.

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  1         (b)  The court shall retain jurisdiction over a child

  2  returned to his or her its parents, caregivers, or legal

  3  guardians for a minimum period of 6 months following the

  4  reunification, but, at that time, based on a report of the

  5  social service agency and the guardian ad litem, if one has

  6  been appointed, and any other relevant factors, the court

  7  shall make a determination as to whether supervision by the

  8  department and the court's its jurisdiction shall continue or

  9  be terminated.

10         (2)(a)  The court shall review the status of the child

11  and shall hold a hearing as provided in this part at least

12  every 6 months until the child reaches permanency status. The

13  court may dispense with the attendance of the child at the

14  hearing, but may not dispense with the hearing or the presence

15  of other parties to the review unless before the review a

16  hearing is held before a citizen review panel.

17         (b)  Citizen review panels may conduct hearings to

18  review the status of a child. The court shall select the cases

19  appropriate for referral to the citizen review panels and may

20  order the attendance of the parties at the review panel

21  hearings. However, any party may object to the referral of a

22  case to a citizen review panel. Whenever such an objection has

23  been filed with the court, the court shall review the

24  substance of the objection and may conduct the review itself

25  or refer the review to a citizen review panel. All parties

26  retain the right to take exception to the findings or

27  recommended orders of a citizen review panel in accordance

28  with Rule 1.490(h), Florida Rules of Civil Procedure.

29         (c)  Notice of a hearing by a citizen review panel must

30  be provided as set forth in subsection (5). At the conclusion

31  of a citizen review panel hearing, each party may propose a

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  1  recommended order to the chairperson of the panel. Thereafter,

  2  the citizen review panel shall submit its report, copies of

  3  the proposed recommended orders, and a copy of the panel's

  4  recommended order to the court. The citizen review panel's

  5  recommended order must be limited to the dispositional options

  6  available to the court in subsection (8). Each party may file

  7  exceptions to the report and recommended order of the citizen

  8  review panel in accordance with Rule 1.490, Florida Rules of

  9  Civil Procedure.

10         (3)(a)  The initial judicial review hearing must be

11  held no later than 90 days after the date of the disposition

12  hearing or after the date of the hearing at which the court

13  approves the case plan, whichever comes first, but in no event

14  shall the review be held later than 6 months after the date

15  the child was removed from the home. Citizen review panels

16  shall not conduct more than two consecutive reviews without

17  the child and the parties coming before the court for a

18  judicial review.

19         (b)  If the citizen review panel recommends extending

20  court extends any case plan beyond 12 months, the court must

21  schedule a judicial review hearing to be conducted by the

22  court within 30 days after receiving the recommendation from

23  the citizen review panel judicial reviews must be held at

24  least every 6 months.

25         (c)  If the child is placed in the custody of the

26  department or a licensed child-placing agency for the purpose

27  of adoptive placement, judicial reviews must be held at least

28  every 6 months until the adoption is finalized adoptive

29  placement, to determine the appropriateness of the current

30  placement and the progress made toward adoptive placement.

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  1         (d)  If the department and the court have established a

  2  formal agreement that includes specific authorization for

  3  particular cases, the department may conduct administrative

  4  reviews instead of the judicial reviews for children in

  5  out-of-home care. Notices of such administrative reviews must

  6  be provided to all parties. However, an administrative review

  7  may not be substituted for the first judicial review, and in

  8  every case the court must conduct a judicial review at least

  9  every 6 months. Any party dissatisfied with the results of an

10  administrative review may petition for a judicial review.

11         (e)  The clerk of the circuit court shall schedule

12  judicial review hearings in order to comply with the mandated

13  times cited in this section.

14         (f)  In each case in which a child has been voluntarily

15  placed with the licensed child-placing agency, the agency

16  shall notify the clerk of the court in the circuit where the

17  child resides of such placement within 5 working days.

18  Notification of the court is not required for any child who

19  will be in out-of-home care no longer than 30 days unless that

20  child is placed in out-of-home care a second time within a

21  12-month period. If the child is returned to the custody of

22  the parents, caregiver, or legal custodian before the

23  scheduled review hearing or if the child is placed for

24  adoption, the child-placing agency shall notify the court of

25  the child's return or placement within 5 working days, and the

26  clerk of the court shall cancel the review hearing.

27         (4)  The court shall schedule the date, time, and

28  location of the next judicial review during the judicial

29  review hearing and shall list same in the judicial review

30  order.

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  1         (5)  Notice of a judicial review hearing or a citizen

  2  review panel hearing, and a copy of the motion for judicial

  3  review, if any including a statement of the dispositional

  4  alternatives available to the court, must be served by the

  5  clerk of the court upon:

  6         (a)  The social service agency charged with the

  7  supervision of care, custody, or guardianship of the child, if

  8  that agency is not the movant.

  9         (b)  The foster parent or legal custodian parents or

10  caregivers in whose home the child resides.

11         (c)  The parents parent, caregiver, or legal custodian

12  from whom the care and custody of the child have been

13  transferred.

14         (d)  The guardian ad litem for the child, or the

15  representative of the guardian ad litem program if the program

16  has been appointed.

17         (e)  Any preadoptive parent.

18         (f)  Such other persons as the court may in its

19  discretion direct.

20

21  Service of notice is not required on any of the persons listed

22  in paragraphs (a)-(f) if the person was present at the

23  previous hearing during which the date, time, and location of

24  the hearing was announced.

25         (6)(a)  Prior to every judicial review hearing or

26  citizen review panel hearing, the social service agency shall

27  make an investigation and social study concerning all

28  pertinent details relating to the child and shall furnish to

29  the court or citizen review panel a written report that

30  includes, but is not limited to:

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  1         1.  A description of the type of placement the child is

  2  in at the time of the hearing, including the safety of the

  3  child and the continuing necessity for and appropriateness of

  4  the placement.

  5         2.  Documentation of the diligent efforts made by all

  6  parties to the case plan to comply with each applicable

  7  provision of the plan.

  8         3.  The amount of fees assessed and collected during

  9  the period of time being reported.

10         4.  The services provided to the foster family or legal

11  custodian caregivers in an effort to address the needs of the

12  child as indicated in the case plan.

13         5.  A statement that either:

14         a.  The parent or legal custodian, though able to do

15  so, did not comply substantially with the provisions of the

16  case plan, and the agency recommendations; or

17         b.  A statement that The parent or legal custodian did

18  substantially comply with the such provisions of the case

19  plan; or

20         c.  The parent has partially complied with the

21  provisions of the case plan, with a summary of additional

22  progress needed and the agency recommendations.

23         6.  A statement from the foster parent or legal

24  custodian parents or caregivers providing any material

25  evidence concerning the return of the child to the parent or

26  parents or legal custodians.

27         7.  A statement concerning the frequency, duration, and

28  results of the parent-child visitation, if any, and the agency

29  recommendations for an expansion or restriction of future

30  visitation.

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  1         8.  The number of times a child has been removed from

  2  his or her home and placed elsewhere, the number and types of

  3  placements that have occurred, and the reason for the changes

  4  in placement.

  5         9.  The number of times a child's educational placement

  6  has been changed, the number and types of educational

  7  placements which have occurred, and the reason for any change

  8  in placement.

  9         10.  Copies of all medical, psychological, and

10  educational records that support the terms of the case plan

11  and that have been produced concerning the child or parents

12  since the last judicial review hearing.

13         (b)  A copy of the social service agency's written

14  report and the written report of the guardian ad litem must be

15  provided to the attorney of record of the parent, parents, or

16  legal custodians; to the parent, parents, or legal custodians;

17  to the foster parents or legal custodians caregivers; to each

18  citizen review panel; and to the guardian ad litem for the

19  child, or the representative of the guardian ad litem program

20  if the program has been appointed by the court, at least 72 48

21  hours before the judicial review hearing, or citizen review

22  panel hearing. The requirement for providing parents or legal

23  custodians with a copy of the written report does not apply to

24  those parents or legal custodians who have voluntarily

25  surrendered their child for adoption or who have had their

26  parental rights to the child terminated.

27         (c)  In a case in which the child has been permanently

28  placed with the social service agency, the agency shall

29  furnish to the court a written report concerning the progress

30  being made to place the child for adoption. If the child

31  cannot be placed for adoption, a report on the progress made

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  1  by the child towards in alternative permanency goals or

  2  placements, including, but not limited to, long-term foster

  3  care, independent living, custody to a relative or other adult

  4  caregiver approved by the court on a permanent basis with or

  5  without legal guardianship, or custody to a foster parent or

  6  legal custodian caregiver on a permanent basis with or without

  7  legal guardianship, must be submitted to the court. The report

  8  must be submitted to the court at least 72 48 hours before

  9  each scheduled judicial review.

10         (d)  In addition to or in lieu of any written statement

11  provided to the court, the foster parent or legal custodian

12  caregivers, or any preadoptive parent, shall be given the

13  opportunity to address the court with any information relevant

14  to the best interests of the child at any judicial review

15  hearing.

16         (7)  The court and any citizen review panel shall take

17  into consideration the information contained in the social

18  services study and investigation and all medical,

19  psychological, and educational records that support the terms

20  of the case plan; testimony by the social services agency, the

21  parent or legal custodian, the foster parent or legal

22  custodian caregivers, the guardian ad litem if one has been

23  appointed for the child, and any other person deemed

24  appropriate; and any relevant and material evidence submitted

25  to the court, including written and oral reports to the extent

26  of their probative value. These reports and evidence may be

27  received by the court in its effort to determine the action to

28  be taken with regard to the child and may be relied upon to

29  the extent of its probative value, even though not competent

30  in an adjudicatory hearing. In its deliberations, the court

31  and any citizen review panel shall seek to determine:

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  1         (a)  If the parent or legal custodian was advised of

  2  the right to receive assistance from any person or social

  3  service agency in the preparation of the case plan.

  4         (b)  If the parent or legal custodian has been advised

  5  of the right to have counsel present at the judicial review or

  6  citizen review hearings. If not so advised, the court or

  7  citizen review panel shall advise the parent or legal

  8  custodian of such right.

  9         (c)  If a guardian ad litem needs to be appointed for

10  the child in a case in which a guardian ad litem has not

11  previously been appointed or if there is a need to continue a

12  guardian ad litem in a case in which a guardian ad litem has

13  been appointed.

14         (d)  The compliance or lack of compliance of all

15  parties with applicable items of the case plan, including the

16  parents' compliance with child support orders.

17         (e)  The compliance or lack of compliance with a

18  visitation contract between the parent, caregiver, or legal

19  custodian and the social service agency for contact with the

20  child, including the frequency, duration, and results of the

21  parent-child visitation and the reason for any noncompliance.

22         (f)  The compliance or lack of compliance of the

23  parent, caregiver, or legal custodian in meeting specified

24  financial obligations pertaining to the care of the child,

25  including the reason for failure to comply if such is the

26  case.

27         (g)  The appropriateness of the child's current

28  placement, including whether the child is in a setting which

29  is as family-like and as close to the parent's home as

30  possible, consistent with the child's best interests and

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  1  special needs, and including maintaining stability in the

  2  child's educational placement.

  3         (h)  A projected date likely for the child's return

  4  home or other permanent placement.

  5         (i)  When appropriate, the basis for the unwillingness

  6  or inability of the parent, caregiver, or legal custodian to

  7  become a party to a case plan. The court and the citizen

  8  review panel shall determine if the efforts of the social

  9  service agency to secure party participation in a case plan

10  were sufficient.

11         (8)(a)  Based upon the criteria set forth in subsection

12  (7) and the recommended order of the citizen review panel, if

13  any, the court shall determine whether or not the social

14  service agency shall initiate proceedings to have a child

15  declared a dependent child, return the child to the parent,

16  legal custodian, or caregiver, continue the child in

17  out-of-home care for a specified period of time, or initiate

18  termination of parental rights proceedings for subsequent

19  placement in an adoptive home. Modifications to the plan must

20  be handled as prescribed in s. 39.601. If the court finds that

21  the prevention or reunification efforts of the department will

22  allow the child to remain safely at home or be safely returned

23  to the home, the court shall allow the child to remain in or

24  return to the home after making a specific finding of fact

25  that the reasons for the creation of the case plan removal

26  have been remedied to the extent that the child's safety,

27  well-being, and physical, mental, and emotional health will

28  not be endangered.

29         (b)  The court shall return the child to the custody of

30  the parents, legal custodians, or caregivers at any time it

31  determines that they have substantially complied with the case

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  1  plan, if the court is satisfied that reunification will not be

  2  detrimental to the child's safety, well-being, and physical,

  3  mental, and emotional health.

  4         (c)  If, in the opinion of the court, the social

  5  service agency has not complied with its obligations as

  6  specified in the written case plan, the court may find the

  7  social service agency in contempt, shall order the social

  8  service agency to submit its plans for compliance with the

  9  agreement, and shall require the social service agency to show

10  why the child could not safely be returned to the home of the

11  parents, legal custodians, or caregivers.

12         (d)  The court may extend the time limitation of the

13  case plan, or may modify the terms of the plan, based upon

14  information provided by the social service agency, and the

15  guardian ad litem, if one has been appointed, the parent or

16  parents, and the foster parents or legal custodian, and any

17  other competent information on record demonstrating the need

18  for the amendment. If the court extends the time limitation of

19  the case plan, the court must make specific findings

20  concerning the frequency of past parent-child visitation, if

21  any, and the court may authorize the expansion or restriction

22  of future visitation. Modifications to the plan must be

23  handled as prescribed in s. 39.601. Any extension of a case

24  plan must comply with the time requirements and other

25  requirements specified by this chapter.

26         (e)  If, at any judicial review, the court finds that

27  the parents have failed to substantially comply with the case

28  plan to the degree that further reunification efforts are

29  without merit and not in the best interest of the child, it

30  may authorize the filing of a petition for termination of

31

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  1  parental rights, whether or not the time period as contained

  2  in the case plan for substantial compliance has elapsed.

  3         (f)  No later than 12 months after the date that the

  4  child was placed in shelter care, the court shall conduct a

  5  judicial review to plan for the child's permanency. At this

  6  hearing, if the child is not returned to the physical custody

  7  of the parents, caregivers, or legal custodians, the case plan

  8  may be extended with the same goals only if the court finds

  9  that the situation of the child is so extraordinary that the

10  plan should be extended. The case plan must document steps the

11  department is taking to find an adoptive parent or other

12  permanent living arrangement for the child.

13         (g)  The court may issue a protective order in

14  assistance, or as a condition, of any other order made under

15  this part. In addition to the requirements included in the

16  case plan, the protective order may set forth requirements

17  relating to reasonable conditions of behavior to be observed

18  for a specified period of time by a person or agency who is

19  before the court; and such order may require any such person

20  or agency to make periodic reports to the court containing

21  such information as the court in its discretion may prescribe.

22         Section 39.  Paragraphs (g) and (h) of subsection (5)

23  of section 39.702, Florida Statutes, 1998 Supplement, are

24  amended to read:

25         39.702  Citizen review panels.--

26         (5)  The independent not-for-profit agency authorized

27  to administer each citizen review panel shall:

28         (g)  Establish policies to ensure adequate

29  communication with the parent, caregiver, or legal custodian,

30  the foster parent or legal custodian caregiver, the guardian

31  ad litem, and any other person deemed appropriate.

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  1         (h)  Establish procedures that encourage attendance and

  2  participation of interested persons and parties, including the

  3  biological parents, foster parents, or legal custodian

  4  caregivers, or a relative or nonrelative with whom the child

  5  is placed, at citizen review hearings.

  6         Section 40.  Subsection (2) of section 39.703, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         39.703  Initiation of termination of parental rights

  9  proceedings.--

10         (2)  If, at the time of the 12-month judicial review

11  hearing, a child is not returned to the physical custody of

12  the parents, caregivers, or legal custodians, the social

13  service agency shall initiate termination of parental rights

14  proceedings under this chapter within 30 days. Only if the

15  court finds that the situation of the child is so

16  extraordinary and that the best interests of the child will be

17  met by such action at the time of the judicial review may the

18  case plan be extended. If the court decides to extend the

19  plan, the court shall enter detailed findings justifying the

20  decision to extend, as well as the length of the extension. A

21  termination of parental rights petition need not be filed if:

22  the child is being cared for by a relative who chooses not to

23  adopt the child but who is willing, able, and suitable to

24  serve as the legal custodian for the child until the child

25  reaches 18 years of age; the court determines that filing such

26  a petition would not be in the best interests of the child; or

27  the state has not provided the child's family, when reasonable

28  efforts to return a child are required, consistent with the

29  time period in the state's case plan, such services as the

30  state deems necessary for the safe return of the child to his

31  or her home. Failure to initiate termination of parental

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  1  rights proceedings at the time of the 12-month judicial review

  2  or within 30 days after such review does not prohibit

  3  initiating termination of parental rights proceedings at any

  4  other time.

  5         Section 41.  Subsection (1) of section 39.704, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         39.704  Exemptions from judicial review.--Judicial

  8  review does not apply to:

  9         (1)  Minors who have been placed in adoptive homes by

10  the department or by a licensed child-placing agency; or

11         Section 42.  Paragraphs (a), (b), and (d) of subsection

12  (3) and subsection (6) of section 39.801, Florida Statutes,

13  1998 Supplement, are amended to read:

14         39.801  Procedures and jurisdiction; notice; service of

15  process.--

16         (3)  Before the court may terminate parental rights, in

17  addition to the other requirements set forth in this part, the

18  following requirements must be met:

19         (a)  Notice of the date, time, and place of the

20  advisory hearing for the petition to terminate parental rights

21  and a copy of the petition must be personally served upon the

22  following persons, specifically notifying them that a petition

23  has been filed:

24         1.  The parents of the child.

25         2.  The caregivers or legal custodians of the child.

26         3.  If the parents who would be entitled to notice are

27  dead or unknown, a living relative of the child, unless upon

28  diligent search and inquiry no such relative can be found.

29         4.  Any person who has physical custody of the child.

30         5.  Any grandparent entitled to priority for adoption

31  under s. 63.0425.

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  1         6.  Any prospective parent who has been identified

  2  under s. 39.503 or s. 39.803.

  3         7.  The guardian ad litem for the child or the

  4  representative of the guardian ad litem program, if the

  5  program has been appointed.

  6

  7  The document containing the notice to respond or appear must

  8  contain, in type at least as large as the type in the balance

  9  of the document, the following or substantially similar

10  language:  "FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY

11  HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL

12  RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON

13  THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS

14  A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION

15  ATTACHED TO THIS NOTICE."

16         (b)  If a party person required to be served with

17  notice as prescribed in paragraph (a) cannot be served, notice

18  of hearings must be given as prescribed by the rules of civil

19  procedure, and service of process must be made as specified by

20  law or civil actions.

21         (d)  If the person served with notice under this

22  section fails to personally appear at the advisory hearing,

23  the failure to personally appear shall constitute consent for

24  termination of parental rights by the person given notice. If

25  a parent appears for the advisory hearing and the court orders

26  that parent to personally appear at the adjudicatory hearing

27  for the petition for termination of parental rights, stating

28  the date, time, and location of said hearing, then failure of

29  that parent to personally appear at the adjudicatory hearing

30  shall constitute consent for termination of parental rights.

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  1         (6)  Subpoenas may be served within the state by any

  2  person over 18 years of age who is not a party to the

  3  proceeding and, in addition, may be served or executed by

  4  authorized agents of the department or of the guardian ad

  5  litem.

  6         Section 43.  Subsection (1), paragraph (b) of

  7  subsection (4), and subsection (8), of section 39.802, Florida

  8  Statutes, 1998 Supplement, are amended to read:

  9         39.802  Petition for termination of parental rights;

10  filing; elements.--

11         (1)  All proceedings seeking an adjudication to

12  terminate parental rights pursuant to this chapter must be

13  initiated by the filing of an original petition by the

14  department, the guardian ad litem, or a licensed child-placing

15  agency, or by any other person who has knowledge of the facts

16  alleged or is informed of them and believes that they are

17  true.

18         (4)  A petition for termination of parental rights

19  filed under this chapter must contain facts supporting the

20  following allegations:

21         (b)  That the parents of the child were informed of

22  their right to counsel at all hearings that they attended

23  attend and that a dispositional order adjudicating the child

24  dependent was entered in any prior dependency proceeding

25  relied upon in offering a parent a case plan as described in

26  s. 39.806.

27         (8)  If Whenever the department has entered into a case

28  plan with a parent with the goal of reunification, and a

29  petition for termination of parental rights based on the same

30  facts as are covered in the case plan is filed prior to the

31  time agreed upon in the case plan for the performance of the

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  1  case plan, then the petitioner must allege and prove by clear

  2  and convincing evidence that the parent has materially

  3  breached the provisions of the case plan.

  4         Section 44.  Section 39.805, Florida Statutes, 1998

  5  Supplement, is amended to read:

  6         39.805  No answer required.--No answer to the petition

  7  or any other pleading need be filed by any child or, parent,

  8  caregiver, or legal custodian, but any matters which might be

  9  set forth in an answer or other pleading may be pleaded orally

10  before the court or filed in writing as any such person may

11  choose. Notwithstanding the filing of any answer or any

12  pleading, the child or parent shall, prior to the adjudicatory

13  hearing, be advised by the court of the right to counsel and

14  shall be given an opportunity to deny the allegations in the

15  petition for termination of parental rights or to enter a plea

16  to allegations in the petition before the court.

17         Section 45.  Paragraphs (b), (d), (e), and (h) of

18  subsection (1) of section 39.806, Florida Statutes, 1998

19  Supplement, are amended to read:

20         39.806  Grounds for termination of parental rights.--

21         (1)  The department, the guardian ad litem, a licensed

22  child-placing agency, or any person who has knowledge of the

23  facts alleged or who is informed of said facts and believes

24  that they are true, may petition for the termination of

25  parental rights under any of the following circumstances:

26         (b)  When the identity or location of the parent or

27  parents is unknown and cannot be ascertained by diligent

28  search within 60 90 days.

29         (d)  When the parent of a child is incarcerated in a

30  state or federal correctional institution and either:

31

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  1         1.  The period of time for which the parent is expected

  2  to be incarcerated will constitute a substantial portion of

  3  the period of time before the child will attain the age of 18

  4  years;

  5         2.  The incarcerated parent has been determined by the

  6  court to be a violent career criminal as defined in s.

  7  775.084, a habitual violent felony offender as defined in s.

  8  775.084, or a sexual predator as defined in s. 775.21; has

  9  been convicted of first degree or second degree murder in

10  violation of s. 782.04 or a sexual battery that constitutes a

11  capital, life, or first degree felony violation of s. 794.011;

12  or has been convicted of an offense in another jurisdiction

13  which is substantially similar to one of the offenses listed

14  in this paragraph.  As used in this section, the term

15  "substantially similar offense" means any offense that is

16  substantially similar in elements and penalties to one of

17  those listed in this paragraph, and that is in violation of a

18  law of any other jurisdiction, whether that of another state,

19  the District of Columbia, the United States or any possession

20  or territory thereof, or any foreign jurisdiction; or and

21         3.  The court determines by clear and convincing

22  evidence that continuing the parental relationship with the

23  incarcerated parent would be harmful to the child and, for

24  this reason, that termination of the parental rights of the

25  incarcerated parent is in the best interest of the child.

26         (e)  A petition for termination of parental rights may

27  also be filed when a child has been adjudicated dependent, a

28  case plan has been filed with the court, and the child

29  continues to be abused, neglected, or abandoned by the

30  parents. In this case, the failure of the parents to

31  substantially comply for a period of 12 months after an

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  1  adjudication of the child as a dependent child or the child's

  2  placement into shelter care, whichever came first, constitutes

  3  evidence of continuing abuse, neglect, or abandonment unless

  4  the failure to substantially comply with the case plan was due

  5  either to the lack of financial resources of the parents or to

  6  the failure of the department to make reasonable efforts to

  7  reunify the family. Such 12-month period may begin to run only

  8  after the child's placement into shelter care or the entry of

  9  a disposition order placing the custody of the child with the

10  department or a person other than the parent and the approval

11  by the court of a case plan with a goal of reunification with

12  the parent, whichever came first.

13         (h)  When the parent or parents have committed murder

14  or voluntary manslaughter of another child of the parent, or a

15  felony assault that results in serious bodily injury to the

16  child or another child of the parent, or aided or abetted,

17  attempted, conspired, or solicited to commit such a murder or

18  voluntary manslaughter or felony assault.

19         Section 46.  Paragraphs (a) and (d) of subsection (1)

20  and paragraph (b) of subsection (2) of section 39.807, Florida

21  Statutes, 1998 Supplement, are amended to read:

22         39.807  Right to counsel; guardian ad litem.--

23         (1)(a)  At each stage of the proceeding under this

24  part, the court shall advise the parent of the right to have

25  counsel present. The court shall appoint counsel for indigent

26  parents persons. The court shall ascertain whether the right

27  to counsel is understood and, where appropriate, is knowingly

28  and intelligently waived. The court shall enter its findings

29  in writing with respect to the appointment or waiver of

30  counsel for indigent parents parties.

31

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

  2  has voluntarily executed a written surrender of the child and

  3  consent to the entry of a court order therefor and who does

  4  not deny the allegations of the petition.

  5         (2)

  6         (b)  The guardian ad litem has the following

  7  responsibilities:

  8         1.  To investigate the allegations of the petition and

  9  any subsequent matters arising in the case and, unless excused

10  by the court, to file a written report. This report must

11  include a statement of the wishes of the child and the

12  recommendations of the guardian ad litem and must be provided

13  to all parties and the court at least 72 48 hours before the

14  disposition hearing.

15         2.  To be present at all court hearings unless excused

16  by the court.

17         3.  To represent the interests of the child until the

18  jurisdiction of the court over the child terminates or until

19  excused by the court.

20         Section 47.  Subsections (4) and (5) of section 39.808,

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

22         39.808  Advisory hearing; pretrial status conference.--

23         (4)  An advisory hearing is not required may not be

24  held if a petition is filed seeking an adjudication for

25  termination of voluntarily to terminate parental rights based

26  on a voluntary surrender of parental rights. Adjudicatory

27  hearings for petitions for voluntary termination must be held

28  within 21 days after the filing of the petition. Notice of the

29  use of this subsection must be filed with the court at the

30  same time as the filing of the petition to terminate parental

31  rights.

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  1         (5)  Not less than 10 days before the adjudicatory

  2  hearing on a petition for involuntary termination of parental

  3  rights, the court shall conduct a pretrial prehearing status

  4  conference to determine the order in which each party may

  5  present witnesses or evidence, the order in which

  6  cross-examination and argument shall occur, and any other

  7  matters that may aid in the conduct of the adjudicatory

  8  hearing to prevent any undue delay in the conduct of the

  9  adjudicatory hearing.

10         Section 48.  Subsections (2), (4), (7), and (8), and

11  paragraph (e) of subsection (6) of section 39.811, Florida

12  Statutes, 1998 Supplement, are amended to read:

13         39.811  Powers of disposition; order of disposition.--

14         (2)  If the child is in the out-of-home care custody of

15  the department and the court finds that the grounds for

16  termination of parental rights have been established by clear

17  and convincing evidence, the court shall, by order, place the

18  child in the custody of the department or for the purpose of

19  adoption or place the child in the custody of a licensed

20  child-placing agency for the purpose of adoption.

21         (4)  If the child is neither in the custody of the

22  department nor in the custody of a parent and the court finds

23  that the grounds for termination of parental rights have been

24  established for either or both parents, the court shall enter

25  an order terminating parental rights for the parent or parents

26  for whom the grounds for termination have been established and

27  placing the child with the department or an appropriate legal

28  custodian. If the parental rights of both parents have been

29  terminated, or if the parental rights of only one parent have

30  been terminated and the court makes specific findings based on

31  evidence presented that placement with the remaining parent is

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  1  likely to be harmful to the child, the court may order that

  2  the child be placed with a legal custodian other than the

  3  department after hearing evidence of the suitability of such

  4  intended placement.  Suitability of the intended placement

  5  includes the fitness and capabilities of the proposed legal

  6  custodian to function as the primary caregiver for a

  7  particular child; and the compatibility of the child with the

  8  home in which the child is intended to be placed.  If the

  9  court orders that a child be placed with a legal custodian

10  under this subsection, the court shall appoint such legal

11  custodian as the guardian for the child as provided in s.

12  744.3021.  The court may modify the order placing the child in

13  the custody of the legal custodian and revoke the guardianship

14  established under s. 744.3021 if the court subsequently finds

15  that a party to the proceeding other than a parent whose

16  rights have been terminated has shown a material change in

17  circumstances which causes the placement to be no longer in

18  the best interest of the child.

19         (6)  The parental rights of one parent may be severed

20  without severing the parental rights of the other parent only

21  under the following circumstances:

22         (e)  If the parent whose rights are being terminated

23  meets any of the criteria specified in s. 39.806(1)(d) and

24  (f)-(i).

25         (7)(a)  The termination of parental rights does not

26  affect the rights of grandparents unless the court finds that

27  continued visitation is not in the best interests of the child

28  or that such visitation would interfere with the permanency

29  goals of permanency planning for the child.

30         (b)  If the court terminates parental rights, it may,

31  as appropriate, order that the parents, siblings, or relatives

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  1  of the parent whose rights are terminated be allowed to

  2  maintain some communication or contact with the child pending

  3  adoption if the best interests of the child support this

  4  continued communication or contact, except as provided in

  5  paragraph (a). If the court orders such continued

  6  communication or contact, which may include, but is not

  7  limited to, visits, letters, and cards or telephone calls, the

  8  nature and frequency of the communication or contact must be

  9  set forth in written order and may be reviewed upon motion of

10  any party, or including, for purposes of this subsection, an

11  identified prospective adoptive parent. If a child is placed

12  for adoption, the nature and frequency of the communication or

13  contact must be reviewed by the court at the time the child is

14  placed for adoption adopted.

15         (8)  If the court terminates parental rights, it shall,

16  in its order of disposition, provide for a hearing, to be

17  scheduled no later than 30 days after the date of disposition,

18  in which the department or the licensed child-placing agency

19  shall provide to the court an amended case a plan which

20  identifies the for permanency goal for the child. Reasonable

21  efforts must be made to place the child in a timely manner in

22  accordance with the permanency plan and to complete whatever

23  steps are necessary to finalize the permanent placement of the

24  child. Thereafter, until the adoption of the child is

25  finalized or the child reaches the age of 18 years, whichever

26  occurs first, the court shall hold hearings at 6-month

27  intervals to review the progress being made toward permanency

28  for the child.

29         Section 49.  Subsection (1) and paragraph (a) of

30  subsection (6) of section 39.814, Florida Statutes, 1998

31  Supplement, are amended to read:

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  1         39.814  Oaths, records, and confidential information.--

  2         (1)  The judge, clerks or deputy clerks, and or

  3  authorized agents of the department shall each have the power

  4  to administer oaths and affirmations.

  5         (6)  No court record of proceedings under this part

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

  7  proceeding, except that:

  8         (a)  Orders terminating the rights of a parent are

  9  admissible in evidence in subsequent adoption proceedings

10  relating to the child and in subsequent termination of

11  parental rights proceedings concerning a sibling of the child.

12         Section 50.  Subsection (3) of section 39.815, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         39.815  Appeal.--

15         (3)  The taking of an appeal does not operate as a

16  supersedeas in any case unless the court so orders. However, a

17  termination of parental rights order with placement of the

18  child with a licensed child-placing agency or the department

19  for subsequent adoption is suspended while the appeal is

20  pending, but the child shall continue in an out-of-home

21  placement custody under the order until the appeal is decided.

22         Section 51.  Subsection (3) of section 39.822, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         39.822  Appointment of guardian ad litem for abused,

25  abandoned, or neglected child.--

26         (3)  The guardian ad litem or the program

27  representative shall review all disposition recommendations

28  and changes in placements, and must be present at all critical

29  stages of the dependency proceeding or submit a written report

30  of recommendations to the court. Written reports must be filed

31

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  1  with the court and served on all parties whose whereabouts are

  2  known at least 72 hours prior to the hearing.

  3         Section 52.  Subsection (1) of section 63.0427, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         63.0427  Adopted minor's right to continued

  6  communication or contact with siblings.--

  7         (1)  A child whose parents have had their parental

  8  rights terminated and whose custody has been awarded to the

  9  department pursuant to s. 39.811 39.469, and who is the

10  subject of a petition for adoption under this chapter, shall

11  have the right to have the court consider the appropriateness

12  of postadoption communication or contact, including, but not

13  limited to, visits, letters and cards, or telephone calls,

14  with his or her siblings who are not included in the petition

15  for adoption.  The court shall determine if the best interests

16  of the child support such continued communication or contact

17  and shall consider the following in making such determination:

18         (a)  Any orders of the court pursuant to s. 39.811(7)

19  39.469(7).

20         (b)  Recommendations of the department, the foster

21  parents if other than the adoptive parents, and the guardian

22  ad litem.

23         (c)  Statements of prospective adoptive parents.

24         (d)  Any other information deemed relevant and material

25  by the court.

26

27  If the court determines that the child's best interests will

28  be served by postadoption communication or contact with any

29  sibling, the court shall so order, stating the nature and

30  frequency for the communication or contact. This order shall

31  be made a part of the final adoption order, but in no event

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  1  shall continuing validity of the adoption be contingent upon

  2  such postadoption communication or contact, nor shall the

  3  ability of the adoptive parents and child to change residence

  4  within or outside the State of Florida be impaired by such

  5  communication or contact.

  6         Section 53.  Paragraph (d) of subsection (1) of section

  7  419.001, Florida Statutes, 1998 Supplement, is amended to

  8  read:

  9         419.001  Site selection of community residential

10  homes.--

11         (1)  For the purposes of this section, the following

12  definitions shall apply:

13         (d)  "Resident" means any of the following:  a frail

14  elder as defined in s. 400.618; a physically disabled or

15  handicapped person as defined in s. 760.22(7)(a); a

16  developmentally disabled person as defined in s.

17  393.063(12)(11); a nondangerous mentally ill person as defined

18  in s. 394.455(18); or a child as defined in s. 39.01(14)(11),

19  s. 984.03(9) or (12), or s. 985.03(8).

20         Section 54.  Paragraph (b) of subsection (1) of section

21  921.0024, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         921.0024  Criminal Punishment Code; worksheet

24  computations; scoresheets.--

25         (1)

26                       (b)  WORKSHEET KEY:

27

28  Legal status points are assessed when any form of legal status

29  existed at the time the offender committed an offense before

30  the court for sentencing. Four (4) sentence points are

31  assessed for an offender's legal status.

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  1

  2  Community sanction violation points are assessed when a

  3  community sanction violation is before the court for

  4  sentencing.  Six (6) sentence points are assessed for each

  5  community sanction violation, and each successive community

  6  sanction violation; however, if the community sanction

  7  violation includes a new felony conviction before the

  8  sentencing court, twelve (12) community sanction violation

  9  points are assessed for such violation, and for each

10  successive community sanction violation involving a new felony

11  conviction. Multiple counts of community sanction violations

12  before the sentencing court shall not be a basis for

13  multiplying the assessment of community sanction violation

14  points.

15

16  Prior serious felony points: If the offender has a primary

17  offense or any additional offense ranked in level 8, level 9,

18  or level 10, and one or more prior serious felonies, a single

19  assessment of 30 points shall be added. For purposes of this

20  section, a prior serious felony is an offense in the

21  offender's prior record that is ranked in level 8, level 9, or

22  level 10 under s. 921.0022 or s. 921.0023 and for which the

23  offender is serving a sentence of confinement, supervision, or

24  other sanction or for which the offender's date of release

25  from confinement, supervision, or other sanction, whichever is

26  later, is within 3 years before the date the primary offense

27  or any additional offense was committed.

28

29  Prior capital felony points:  If the offender has one or more

30  prior capital felonies in the offender's criminal record,

31  points shall be added to the subtotal sentence points of the

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  1  offender equal to twice the number of points the offender

  2  receives for the primary offense and any additional offense.

  3  A prior capital felony in the offender's criminal record is a

  4  previous capital felony offense for which the offender has

  5  entered a plea of nolo contendere or guilty or has been found

  6  guilty; or a felony in another jurisdiction which is a capital

  7  felony in that jurisdiction, or would be a capital felony if

  8  the offense were committed in this state.

  9

10  Possession of a firearm, semiautomatic firearm, or machine

11  gun:  If the offender is convicted of committing or attempting

12  to commit any felony other than those enumerated in s.

13  775.087(2) while having in his possession: a firearm as

14  defined in s. 790.001(6), an additional 18 sentence points are

15  assessed; or if the offender is convicted of committing or

16  attempting to commit any felony other than those enumerated in

17  s. 775.087(3) while having in his possession a semiautomatic

18  firearm as defined in s. 775.087(3) or a machine gun as

19  defined in s. 790.001(9), an additional 25 sentence points are

20  assessed.

21

22  Sentencing multipliers:

23

24  Drug trafficking:  If the primary offense is drug trafficking

25  under s. 893.135, the subtotal sentence points are multiplied,

26  at the discretion of the court, for a level 7 or level 8

27  offense, by 1.5.  The state attorney may move the sentencing

28  court to reduce or suspend the sentence of a person convicted

29  of a level 7 or level 8 offense, if the offender provides

30  substantial assistance as described in s. 893.135(4).

31

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  1  Law enforcement protection:  If the primary offense is a

  2  violation of the Law Enforcement Protection Act under s.

  3  775.0823(2), the subtotal sentence points are multiplied by

  4  2.5.  If the primary offense is a violation of s. 775.0823(3),

  5  (4), (5), (6), (7), or (8), the subtotal sentence points are

  6  multiplied by 2.0. If the primary offense is a violation of s.

  7  784.07(3) or s. 775.0875(1), or of the Law Enforcement

  8  Protection Act under s. 775.0823(9) or (10), the subtotal

  9  sentence points are multiplied by 1.5.

10

11  Grand theft of a motor vehicle:  If the primary offense is

12  grand theft of the third degree involving a motor vehicle and

13  in the offender's prior record, there are three or more grand

14  thefts of the third degree involving a motor vehicle, the

15  subtotal sentence points are multiplied by 1.5.

16

17  Criminal street gang member:  If the offender is convicted of

18  the primary offense and is found to have been a member of a

19  criminal street gang at the time of the commission of the

20  primary offense pursuant to s. 874.04, the subtotal sentence

21  points are multiplied by 1.5.

22

23  Domestic violence in the presence of a child:  If the offender

24  is convicted of the primary offense and the primary offense is

25  a crime of domestic violence, as defined in s. 741.28, which

26  was committed in the presence of a child under 16 years of age

27  who is a family household member as defined in s. 741.28(2)

28  with the victim or perpetrator, the subtotal sentence points

29  are multiplied, at the discretion of the court, by 1.5.

30         Section 55.  Subsection (7) of section 901.15, Florida

31  Statutes, 1998 Supplement, is amended, subsections (8) through

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  1  (12) are renumbered as subsections (10) through (14),

  2  respectively, and new subsections (8) and (9) are added to

  3  said section, to read:

  4         901.15  When arrest by officer without warrant is

  5  lawful.--A law enforcement officer may arrest a person without

  6  a warrant when:

  7         (7)  There is probable cause to believe that the person

  8  has committed:

  9         (a)  an act of domestic violence, as defined in s.

10  741.28.

11         (b)  Child abuse, as defined in s. 827.04(2) and (3).

12         (c)  Any battery upon another person, as defined in s.

13  784.03.

14         (d)  An act of criminal mischief or a graffiti-related

15  offense as described in s. 806.13.

16

17  With respect to an arrest for an act of domestic violence, The

18  decision to arrest shall not require consent of the victim or

19  consideration of the relationship of the parties. It is the

20  public policy of this state to strongly discourage arrest and

21  charges of both parties for domestic violence on each other

22  and to encourage training of law enforcement and prosecutors

23  in this area. A law enforcement officer who acts in good faith

24  and exercises due care in making an arrest under this

25  subsection, under s. 741.31(4) or s. 784.047, or pursuant to a

26  foreign order of protection accorded full faith and credit

27  pursuant to s. 741.315, is immune from civil liability that

28  otherwise might result by reason of his or her action.

29         (8)  There is probable cause to believe that the person

30  has committed child abuse, as defined in s. 827.03. The

31  decision to arrest shall not require consent of the victim or

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  1  consideration of the relationship of the parties. It is the

  2  public policy of this state to protect abused children by

  3  strongly encouraging the arrest and prosecution of persons who

  4  commit child abuse. A law enforcement officer who acts in good

  5  faith and exercises due care in making an arrest under this

  6  subsection is immune from civil liability that otherwise might

  7  result by reason of his or her action.

  8         (9)  There is probable cause to believe that the person

  9  has committed:

10         (a)  Any battery upon another person, as defined in s.

11  784.03.

12         (b)  An act of criminal mischief or a graffiti-related

13  offense as described in s. 806.13.

14         Section 56.  Paragraph (b) of subsection (9) of section

15  20.165, Florida Statutes, is amended to read:

16         20.165  Department of Business and Professional

17  Regulation.--There is created a Department of Business and

18  Professional Regulation.

19         (9)

20         (b)  All employees certified under chapter 943 as law

21  enforcement officers shall have felony arrest powers under s.

22  901.15(13)(11) and shall have all the powers of deputy

23  sheriffs to:

24         1.  Investigate, enforce, and prosecute, throughout the

25  state, violations and violators of:

26         a.  Parts I and II of chapter 210; part VII of chapter

27  559; and chapters 561-569; and the rules promulgated

28  thereunder, as well as other state laws which the division,

29  all state law enforcement officers, or beverage enforcement

30  agents are specifically authorized to enforce.

31

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  1         b.  All other state laws, provided that the employee

  2  exercises the powers of a deputy sheriff, only after

  3  consultation and in coordination with the appropriate local

  4  sheriff's office, and only if the violation could result in an

  5  administrative proceeding against a license or permit issued

  6  by the division.

  7         2.  Enforce all criminal laws of the state within

  8  specified jurisdictions when the division is a party to a

  9  written mutual aid agreement with a state agency, sheriff, or

10  municipal police department, or when the division participates

11  in the Florida Mutual Aid Plan during a declared state

12  emergency.

13         Section 57.  Subsection (2) of section 570.073, Florida

14  Statutes, 1998 Supplement, is amended to read:

15         570.073  Department of Agriculture and Consumer

16  Services, law enforcement officers.--

17         (2)  Each law enforcement officer shall meet the

18  qualifications of law enforcement officers under s. 943.13 and

19  shall be certified as a law enforcement officer by the

20  Department of Law Enforcement under the provisions of chapter

21  943. Upon certification, each law enforcement officer is

22  subject to and shall have the same arrest and other authority

23  provided for law enforcement officers generally in chapter 901

24  and jurisdiction as provided in subsection (1).  Each officer

25  shall also have arrest authority as provided for state law

26  enforcement officers in s. 901.15(13)(11).

27         Section 58.  Subsection (2) of section 741.29, Florida

28  Statutes, is amended to read:

29         741.29  Domestic violence; investigation of incidents;

30  notice to victims of legal rights and remedies; reporting.--

31

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  1         (2)  When a law enforcement officer investigates an

  2  allegation that an incident of domestic violence has occurred,

  3  the officer shall handle the incident pursuant to the arrest

  4  policy provided in s. 901.15(7)(a), and as developed in

  5  accordance with subsections (3), (4), and (5). Whether or not

  6  an arrest is made, the officer shall make a written police

  7  report that is complete and clearly indicates the alleged

  8  offense was an incident of domestic violence. Such report

  9  shall be given to the officer's supervisor and filed with the

10  law enforcement agency in a manner that will permit data on

11  domestic violence cases to be compiled. Such report must

12  include:

13         (a)  A description of physical injuries observed, if

14  any.

15         (b)  If a law enforcement officer decides not to make

16  an arrest or decides to arrest two or more parties, the

17  officer shall include in the report the grounds for not

18  arresting anyone or for arresting two or more parties.

19         (c)  A statement which indicates that a copy of the

20  legal rights and remedies notice was given to the victim.

21

22  Whenever possible, the law enforcement officer shall obtain a

23  written statement from the victim and witnesses concerning the

24  alleged domestic violence. The officer shall submit the report

25  to the supervisor or other person to whom the employer's rules

26  or policies require reports of similar allegations of criminal

27  activity to be made. The law enforcement agency shall, without

28  charge, send a copy of the initial police report, as well as

29  any subsequent, supplemental, or related report, which

30  excludes victim/witness statements or other materials that are

31  part of an active criminal investigation and are exempt from

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  1  disclosure under chapter 119, to the nearest locally certified

  2  domestic violence center within 24 hours after the agency's

  3  receipt of the report. The report furnished to the domestic

  4  violence center must include a narrative description of the

  5  domestic violence incident.

  6         Section 59.  Paragraph (b) of subsection (9) of section

  7  784.046, Florida Statutes, is amended to read:

  8         784.046  Action by victim of repeat violence for

  9  protective injunction; powers and duties of court and clerk of

10  court; filing and form of petition; notice and hearing;

11  temporary injunction; issuance; statewide verification system;

12  enforcement.--

13         (9)

14         (b)  If the respondent is arrested by a law enforcement

15  officer under s. 901.15(10)(8) for committing an act of repeat

16  violence in violation of a repeat violence injunction for

17  protection, the respondent shall be held in custody until

18  brought before the court as expeditiously as possible for the

19  purpose of enforcing the injunction and for admittance to bail

20  in accordance with chapter 903 and the applicable rules of

21  criminal procedure, pending a hearing.

22         Section 60.  Subsection (1) of section 943.1702,

23  Florida Statutes, is amended to read:

24         943.1702  Collection of statistics on domestic

25  violence.--

26         (1)  In compiling the Department of Law Enforcement

27  Crime in Florida Annual Report, the department shall include

28  the results of the arrest policy provided for under s.

29  901.15(7)(a) with respect to domestic violence to include:

30  separate statistics on occurrences of and arrests for domestic

31  versus nondomestic violence, such as battery, aggravated

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  1  battery, assault, aggravated assault, sexual battery, the

  2  illegal use of firearms, arson, homicide, murder,

  3  manslaughter, or the attempt of any of the above.

  4         Section 61.  This act shall take effect July 1, 1999.

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