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
    300-1748B-00




  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
    300-1748B-00




  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
    300-1748B-00




  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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