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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1417

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Family Law & Children offered the following:

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13         Amendment (with title amendment) 

14  remove from the bill:  Everything after the enacting clause

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16  and insert in lieu thereof:

17         Section 1.    Pilot program for attorneys ad litem for

18  dependent children.--

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

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

21  intent of the Legislature that children who are maintained in

22  out-of-home care by court order under s. 39.402 receive

23  competent legal representation.

24         (2)  RESPONSIBILITIES.--

25         (a)  The Statewide Public Guardianship Office shall

26  establish a 3-year pilot Attorney Ad Litem Program in Broward,

27  Escambia, and Sarasota Counties.  The Statewide Public

28  Guardianship Office shall adopt rules to administer the pilot

29  program.

30         (b)  The Statewide Public Guardianship Office shall

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1417

    Amendment No. 1 (for drafter's use only)





 1  office may contract with a private or public entity in each

 2  county to establish a pilot program.  The private or public

 3  entity must have appropriate expertise in representing the

 4  rights of children taken into custody by the Department of

 5  Children and Family Services.  The Statewide Office of Public

 6  Guardianship or a private or public entity shall identify

 7  measurable outcomes, including, but not limited to, the impact

 8  of counsel on child safety, improvements in the provision of

 9  appropriate services, and any reduction in the length of stay

10  of children in state care.  The pilot programs shall be

11  established and operate independently of any other state

12  agency responsible for the care of children taken into

13  custody.

14         (c)  The Statewide Public Guardianship Office or the

15  private or public entity under contract with the office shall

16  designate an attorney within each of the three counties to

17  conduct the administrative oversight of the pilot program

18  within that county.  The program administrator must be a

19  member in good standing of The Florida Bar and must have 5 or

20  more years of experience in the area of child advocacy, child

21  welfare, or juvenile law.  The administrative oversight of

22  each pilot program is subject to supervision by the office.

23         (d)  The Statewide Public Guardianship Office in

24  conjunction with each pilot program shall develop a training

25  program for attorneys ad litem which includes, but need not be

26  limited to, appropriate standards of practice for attorneys

27  who represent children.

28         (e)  Within funds specifically appropriated for this

29  pilot program, the Statewide Public Guardianship Office in

30  conjunction with each pilot program shall design an

31  appropriate attorney ad litem program in each county and may

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1417

    Amendment No. 1 (for drafter's use only)





 1  establish the number of attorneys needed to serve as attorneys

 2  ad litem and may employ attorneys and other personnel.  An

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

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

 5  or she has completed the training program.

 6         (f)  The court shall appoint the Statewide Public

 7  Guardianship Office or the entity under contract with the

 8  office to represent any child who is continued in out-of-home

 9  care at the shelter hearing conducted under section 39.402, if

10  the court deems attorney ad litem representation is necessary.

11  At any time following the shelter hearing, the court may

12  appoint an attorney ad litem upon the motion of any party, or

13  upon the court's own motion if an attorney ad litem has not

14  yet been appointed and   the court deems such representation

15  necessary.  At the time of the appointment of the attorney ad

16  litem, the court shall also appoint a guardian ad litem to

17  represent the child's best interests.  Once the court orders

18  the appointment of an attorney ad litem, The Department of

19  Children and Family Services shall provide to the pilot

20  program administrator for the Statewide Public Guardianship

21  Office in the respective county, at a minimum, the name of the

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

23  the department's authorized agent and contact information,

24  copies of all notices sent to the parents or legal custodians

25  of the child, and any other information or records pertaining

26  to the child.

27         (g)  Upon notification by the court, the pilot program

28  administrator for the Statewide Public Guardianship Office in

29  the respective county shall designate an attorney ad litem to

30  represent the child's wishes.  Once designated, an attorney ad

31  litem shall represent a child for the sole purpose of any

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1417

    Amendment No. 1 (for drafter's use only)





 1  proceeding pursuant to chapter 39, until the program is

 2  discharged by order of the court because permanency has been

 3  achieved or the court believes that the attorney ad litem is

 4  no longer necessary.

 5         (h)  The Office of the State Courts Administrator in

 6  conjunction with the pilot program, shall conduct research and

 7  gather statistical information to evaluate the establishment,

 8  operation, and impact of the pilot programs in meeting the

 9  legal needs of dependent children.  The office shall submit an

10  annual report to the Legislature by October 1, 2001, and by

11  October 1, 2002, regarding its findings.  The office shall

12  submit a final report by October 1, 2003, which shall include

13  its evaluation of the pilot program, findings on the

14  feasibility of a proposed statewide program, and

15  recommendations, if any, for the establishment, operation, and

16  location of a statewide program.

17         (3)  STANDARDS.-- The Supreme Court is requested to

18  adopt any rules of juvenile procedure by October 1, 2000, to

19  include the duties, responsibilities, and conduct of an

20  attorney ad litem consistent with the American Bar Association

21  Standards of Practice for Lawyers Who Represent Children in

22  Abuse and Neglect Cases.

23         Section 2.    There is hereby appropriated from the

24  General Revenue Fund to the Statewide Public Guardianship

25  Office an amount sufficient to establish and operate the pilot

26  program as described in s. 39.4095, Florida Statutes, in

27  Broward, Escambia, and Sarasota Counties.  General Revenue

28  funds shall also be appropriated to the Office of the State

29  Courts Administrator to ensure best interests representation

30  by the Guardian ad Litem Program in the three pilot counties,

31  and to conduct the evaluation of the pilot programs.  Each

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1417

    Amendment No. 1 (for drafter's use only)





 1  appointed attorney ad litem shall be paid from funds

 2  appropriated to the Statewide Public Guardianship Office for

 3  this pilot program.

 4         Section 3.    This act shall take effect upon becoming

 5  a law.

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 7

 8  ================ T I T L E   A M E N D M E N T ===============

 9  And the title is amended as follows:

10         On page 1, line 20, after the word "litem" ,

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12  and insert:

13         if the court deems such representation

14         necessary

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