Senate Bill 1144c1
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Florida Senate - 2000 CS for SB 1144
By the Committee on Children and Families; and Senator
Diaz-Balart
300-1748B-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 create a pilot Attorney Ad
8 Litem Program in specified counties;
9 authorizing the office to adopt rules to
10 administer the pilot program; authorizing the
11 office to contract with a private or public
12 entity to operate the pilot program; providing
13 for the pilot program to operate independently
14 of other state agencies responsible for the
15 care of children in state custody; providing
16 for administration of the program; requiring
17 that the Statewide Public Guardianship Office
18 develop a training program for attorneys ad
19 litem; requiring that the court direct the
20 pilot program to assign an attorney ad litem;
21 requiring that the Department of Children and
22 Family Services provide information to the
23 pilot-program administrator; providing for
24 assigning an attorney ad litem to represent the
25 child's wishes; requiring the Statewide Public
26 Guardianship Office to make annual reports to
27 the Legislature; requiring that the Office of
28 the State Court Administrator evaluate the
29 pilot programs; requesting that the Supreme
30 Court adopt rules of juvenile procedure;
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Florida Senate - 2000 CS for SB 1144
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1 providing for funding the pilot program;
2 providing an effective date.
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Pilot program for attorneys ad litem for
7 dependent children.--
8 (1) LEGISLATIVE INTENT.--In furtherance of the goals
9 set forth in section 39.4085, Florida Statutes, it is the
10 intent of the Legislature that children who are maintained in
11 out-of-home care by court order under s. 39.402 receive
12 competent legal representation.
13 (2) RESPONSIBILITIES.--
14 (a) The Statewide Public Guardianship Office shall
15 establish a 3-year pilot Attorney Ad Litem Program in Broward,
16 Escambia, and Sarasota Counties. The Statewide Public
17 Guardianship Office shall adopt rules to administer the pilot
18 program.
19 (b) The Statewide Public Guardianship Office shall
20 establish the three pilot programs by October 1, 2000. The
21 office may contract with a private or public entity in each
22 county to establish a pilot program. The private or public
23 entity must have appropriate expertise in representing the
24 rights of children taken into custody by the Department of
25 Children and Family Services. The Statewide Office of Public
26 Guardianship or a private or public entity shall identify
27 measurable outcomes, including, but not limited to, the impact
28 of counsel on child safety, improvements in the provision of
29 appropriate services, and any reduction in the length of stay
30 of children in state care. The pilot programs shall be
31 established and operate independently of any other state
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Florida Senate - 2000 CS for SB 1144
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1 agency responsible for the care of children taken into
2 custody.
3 (c) The Statewide Public Guardianship Office or the
4 private or public entity under contract with the office shall
5 designate an attorney within each of the three counties to
6 conduct the administrative oversight of the pilot program
7 within that county. The program administrator must be a member
8 in good standing of The Florida Bar and must have 5 or more
9 years of experience in the area of child advocacy, child
10 welfare, or juvenile law. The administrative oversight of each
11 pilot program is subject to supervision by the office.
12 (d) The Statewide Public Guardianship Office in
13 conjunction with each pilot program shall develop a training
14 program for attorneys ad litem which includes, but need not be
15 limited to, appropriate standards of practice for attorneys
16 who represent children.
17 (e) Within funds specifically appropriated for this
18 pilot program, the Statewide Public Guardianship Office in
19 conjunction with each pilot program shall design an
20 appropriate attorney ad litem program in each county and may
21 establish the number of attorneys needed to serve as attorneys
22 ad litem and may employ attorneys and other personnel. An
23 attorney ad litem must be a member in good standing of The
24 Florida Bar and may not serve as an attorney ad litem until he
25 or she has completed the training program.
26 (f) The court shall appoint the Statewide Public
27 Guardianship Office or the entity under contract with the
28 office to represent all children in the counties under the
29 pilot program who are continued in out-of-home care at the
30 shelter hearing conducted under s. 39.402. Upon this action by
31 the court, the department shall provide to the administrator,
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Florida Senate - 2000 CS for SB 1144
300-1748B-00
1 at a minimum, the name of the child, the location and
2 placement of the child, the name of the department's
3 authorized agent and contact information, copies of all
4 notices sent to the parent or legal custodian of the child,
5 and other information or records concerning the child. The
6 court must appoint a guardian ad litem pursuant to s. 39.822
7 for all children who have been appointed an attorney ad litem.
8 (g) Upon the court's direction, the pilot program
9 administrator shall assign an attorney ad litem to represent
10 the child. Once assigned, the attorney ad litem shall
11 represent the child's wishes for purposes of proceedings under
12 chapter 39, Florida Statutes. The child's attorney must in all
13 circumstances fulfill the same duties of advocacy, loyalty,
14 confidentiality, and competent representation which are due an
15 adult client. The court must approve any action by the
16 attorney ad litem restricting access to the child by the
17 guardian ad litem or by any other party. The attorney ad litem
18 shall represent the child until the program is discharged by
19 order of the court because permanency has been achieved or the
20 court believes that the attorney ad litem is no longer
21 necessary.
22 (h) The Office of the State Courts Administrator, in
23 conjunction with the three pilot programs, shall conduct
24 research and gather statistical information to evaluate the
25 establishment, operation, and impact of the pilot programs in
26 meeting the legal needs of dependent children. The office
27 shall submit a report to the Legislature by October 1, 2001,
28 and by October 1, 2002, regarding its findings. The office
29 shall submit a final report by October 1, 2003, which must
30 include an evaluation of the pilot programs; findings on the
31 feasibility of a statewide program; and recommendations, if
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Florida Senate - 2000 CS for SB 1144
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1 any, for locating, establishing, and operating a statewide
2 program.
3 (3) STANDARDS.--The Supreme Court is requested, by
4 October 1, 2000, to adopt rules of juvenile procedure which
5 include the duties, responsibilities, and conduct of an
6 attorney ad litem, and which are consistent with the Standards
7 of Practice for Lawyers Who Represent Children in Abuse and
8 Neglect Cases of the American Bar Association.
9 (4) FUNDING.--Each respective pilot program in Broward
10 County, Escambia County, and Sarasota County shall receive an
11 appropriation to be used solely to establish and operate the
12 pilot program. Each appointed attorney ad litem shall be paid
13 from funds appropriated for the pilot programs to the
14 Statewide Public Guardianship Office.
15 Section 2. This act shall take effect upon becoming a
16 law.
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Florida Senate - 2000 CS for SB 1144
300-1748B-00
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1144
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- Requires that the court appoint the Statewide Public
5 Guardianship Office or the entity under contract with
the office to represent all children in the counties
6 under the pilot program who are continued in out of home
care at the shelter hearing conducted under s. 39.402.
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- Clarifies that the attorney ad litem represents the
8 child's wishes and in all circumstances fulfills the
same duties of advocacy, loyalty, confidentiality, and
9 competent representation which are due an adult client.
10 - Requires that the court approve any action by the
attorney ad litem restricting access to the child by the
11 guardian ad litem or by any other party.
12 - Provides that the court must appoint a guardian ad litem
pursuant to s. 39.822, for all children who have been
13 appointed an attorney ad litem.
14 - Directs the Office of the State Courts Administrator
rather than the Statewide Public Guardianship Office to
15 conduct the evaluation of the pilot programs.
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