Senate Bill 1144

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    Florida Senate - 2000                                  SB 1144

    By Senator Diaz-Balart





    37-798-00

  1                      A bill to be entitled

  2         An act relating to the representation of

  3         dependent children; providing legislative

  4         intent with respect to providing competent

  5         legal representation for children in state

  6         custody; requiring that the Statewide Public

  7         Guardianship Office within the Department of

  8         Elderly Affairs create a pilot Attorney Ad

  9         Litem Program in specified counties;

10         authorizing the office to adopt rules to

11         administer the pilot program; authorizing the

12         office to contract with a private entity to

13         operate the pilot program; providing for the

14         pilot program to operate independently of other

15         state agencies responsible for the care of

16         children in state custody; providing for

17         administration of the program; requiring that

18         the Statewide Public Guardianship Office

19         develop a training program for attorneys ad

20         litem; requiring that the Department of

21         Children and Family Services notify the pilot

22         program administrator after taking a child into

23         custody; providing for designating an attorney

24         ad litem to represent the child; requiring the

25         Statewide Public Guardianship Office to make

26         annual reports to the Legislature; requesting

27         that the Supreme Court adopt rules of juvenile

28         procedure; providing for funding the pilot

29         program; providing an effective date.

30

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

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    Florida Senate - 2000                                  SB 1144
    37-798-00




  1         Section 1.  Pilot program for attorneys ad litem for

  2  dependent children.--

  3         (1)  LEGISLATIVE INTENT.--In furtherance of the goals

  4  set forth in section 39.4085, Florida Statutes, it is the

  5  intent of the Legislature that children who are taken into

  6  temporary legal and physical custody by the Department of

  7  Children and Family Services receive competent legal

  8  representation.

  9         (2)  RESPONSIBILITIES.--

10         (a)  The Statewide Public Guardianship Office within

11  the Department of Elderly Affairs shall establish a 3-year

12  pilot Attorney Ad Litem Program in Broward, Escambia, and

13  Sarasota Counties. The Statewide Public Guardianship Office

14  shall adopt rules to administer the pilot program.

15         (b)  The Statewide Public Guardianship Office shall

16  establish the three pilot programs by October 1, 2000. The

17  office may contract with a private entity to establish a pilot

18  program. The private entity must have appropriate expertise in

19  representing the rights of children taken into custody by the

20  Department of Children and Family Services. The office shall

21  identify measurable outcomes, including, but not limited to,

22  the impact of counsel on child safety, improvements in the

23  provision of appropriate services, and any reduction in the

24  length of stay of children in state care. The pilot programs

25  shall be established and operate independently of any other

26  state agency responsible for the care of children taken into

27  custody.

28         (c)  The Statewide Public Guardianship Office shall

29  designate an attorney within each of the three counties to

30  conduct the administrative oversight of the pilot program

31  within that county. The attorney must be a member in good

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    Florida Senate - 2000                                  SB 1144
    37-798-00




  1  standing of The Florida Bar and must have 5 or more years of

  2  experience in the area of child advocacy, child welfare, or

  3  juvenile law. The administrative oversight of each pilot

  4  program is subject to supervision by the office.

  5         (d)  The Statewide Public Guardianship Office shall

  6  develop a training program for attorneys ad litem which

  7  includes, but need not be limited to, appropriate standards of

  8  practice for attorneys who represent children.

  9         (e)  Within funds specifically appropriated for this

10  pilot program, the Statewide Public Guardianship Office may

11  establish the number of attorneys needed to serve as attorneys

12  ad litem and may employee attorneys and other personnel. An

13  attorney ad litem must be a member in good standing of The

14  Florida Bar and may not serve as an attorney ad litem until he

15  or she has completed the training program.

16         (f)  When the Department of Children and Family

17  Services takes a child into custody under part V of chapter

18  39, Florida Statutes, in any of the three counties in which a

19  pilot program is established, the department shall immediately

20  notify, before the shelter proceeding, the pilot program

21  administrator for the county. The department shall provide to

22  the administrator, at a minimum, the name of the child, the

23  location and placement of the child, the name of the

24  department's authorized agent and contact information, copies

25  of all notices sent to the parent or legal custodian of the

26  child, and other information or records concerning the child.

27         (g)  Upon notification by the Department of Children

28  and Family Services, the pilot program administrator shall

29  designate an attorney ad litem to represent the child. Once

30  designated, the attorney ad litem shall represent the child

31  solely for purposes of proceedings under chapter 39, Florida

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    Florida Senate - 2000                                  SB 1144
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  1  Statutes, until the court terminates its jurisdiction of the

  2  child.

  3         (h)  The Statewide Public Guardianship Office, in

  4  conjunction with the three pilot programs, shall conduct

  5  research and gather statistical information to evaluate the

  6  establishment, operation, and impact of the pilot programs in

  7  meeting the legal needs of dependent children. The office

  8  shall submit a report to the Legislature by October 1, 2001,

  9  and by October 1, 2002, regarding its findings. The office

10  shall submit a final report by October 1, 2003, which must

11  include an evaluation of the pilot programs; findings on the

12  feasibility of a statewide program; and recommendations, if

13  any, for locating, establishing, and operating a statewide

14  program.

15         (3)  STANDARDS.--The Supreme Court is requested, by

16  October 1, 2000, to adopt rules of juvenile procedure which

17  include the duties, responsibilities, and conduct of an

18  attorney ad litem, and which are consistent with the Standards

19  of Practice for Lawyers Who Represent Children in Abuse and

20  Neglect Cases of the American Bar Association.

21         (4)  FUNDING.--Each respective pilot program in Broward

22  County, Escambia County, and Sarasota County shall receive an

23  appropriation to be used solely to establish and operate the

24  pilot program. Each appointed attorney ad litem shall be paid

25  from funds appropriated for the pilot programs to the

26  Statewide Public Guardianship Office.

27         Section 2.  This act shall take effect upon becoming a

28  law.

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    Florida Senate - 2000                                  SB 1144
    37-798-00




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  2                          SENATE SUMMARY

  3    Creates the pilot Attorney Ad Litem Program in three
      counties of the state to provide legal representation for
  4    dependent children in state custody. Provides for the
      Statewide Public Guardianship Office within the
  5    Department of Elderly Affairs to adopt rules and appoint
      program administrators. Requires that the office develop
  6    a training program for attorneys ad litem. Requires the
      Department of Children and Family Services to notify the
  7    pilot program administrator after taking a child into
      custody. Requires that the Statewide Public Guardianship
  8    Office evaluate the pilot programs and make annual
      reports to the Legislature. (See bill for details.)
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