CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
CHAMBER ACTION
Senate House
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11 Senator Mitchell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 48, lines 15 through 24, delete those lines
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16 and insert:
17 Section 14. Subsection (31) of section 39.01, Florida
18 Statutes, is repealed, subsection (25) of that section is
19 amended, present subsections (32) through (41) and (43)
20 through (72) of that section are redesignated as subsections
21 (32) through (40) and (42) through (71), respectively, present
22 subsection (42) of that section is redesignated as subsection
23 (41) and amended, and a new subsection (72) is added to that
24 section, to read:
25 39.01 Definitions.--When used in this chapter, unless
26 the context otherwise requires:
27 (25) "District administrator" means the chief
28 operating officer of each service district of the department
29 as defined in s. 20.19(5)(7) and, where appropriate, includes
30 any district administrator whose service district falls within
31 the boundaries of a judicial circuit.
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Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 (41)(42) "Long-term custody" or "long-term custodial
2 relationship" means the relationship that a juvenile court
3 order creates between a child and an adult relative of the
4 child or other legal custodian approved by the court when the
5 child cannot be placed in the custody of a parent and adoption
6 termination of parental rights is not deemed to be in the best
7 interest of the child. Long-term custody confers upon the
8 relative or other legal custodian, other than the department,
9 the right to physical custody of the child, a right which will
10 not be disturbed by the court except upon request of the legal
11 custodian or upon a showing that the best interest of the
12 child necessitates a change of custody for the child. A
13 relative or other legal custodian who has been designated as a
14 long-term custodian shall have all of the rights and duties of
15 a parent, including, but not limited to, the right and duty to
16 protect, train, and discipline the child and to provide the
17 child with food, shelter, and education, and ordinary medical,
18 dental, psychiatric, and psychological care, unless these
19 rights and duties are otherwise enlarged or limited by the
20 court order establishing the long-term custodial relationship.
21 (72) "Long-term licensed custody" means the
22 relationship that a juvenile court order creates between a
23 child and a placement licensed by the state to provide
24 residential care for dependent children, if the licensed
25 placement is willing and able to continue to care for the
26 child until the child reaches the age of majority.
27 Section 15. Present subsection (10) of section 39.013,
28 Florida Statutes, is amended, present subsections (4) through
29 (10) are renumbered as subsections (5) through (11),
30 respectively, and a new subsection (4) is added to that
31 section, to read:
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Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 39.013 Procedures and jurisdiction; right to
2 counsel.--
3 (4) The order of the circuit court hearing dependency
4 matters shall be filed by the clerk of the court in any
5 dissolution or other custody action or proceeding and shall
6 take precedence over other custody and visitation orders
7 entered in those actions.
8 (11)(10) Court-appointed counsel representing indigent
9 parents or legal guardians at shelter hearings shall be paid
10 from state funds appropriated by general law.
11 Section 16. Subsections (2) and (3), paragraph (a) of
12 subsection (4), and paragraphs (b) and (d) of subsection (6)
13 of section 39.0132, Florida Statutes, are amended to read:
14 39.0132 Oaths, records, and confidential
15 information.--
16 (2) The court shall make and keep records of all cases
17 brought before it pursuant to this chapter and shall preserve
18 the records pertaining to a dependent child until 7 years
19 after the last entry was made, or until the child is 18 years
20 of age, whichever date is first reached, and may then destroy
21 them, except that records of cases where orders were entered
22 permanently depriving a parent of the custody of a juvenile
23 shall be preserved permanently. The court shall make official
24 records, consisting of all petitions and orders filed in a
25 case arising pursuant to this chapter part and any other
26 pleadings, certificates, proofs of publication, summonses,
27 warrants, and other writs which may be filed therein.
28 (3) The clerk shall keep all court records required by
29 this chapter part separate from other records of the circuit
30 court. All court records required by this chapter part shall
31 not be open to inspection by the public. All records shall be
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Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 inspected only upon order of the court by persons deemed by
2 the court to have a proper interest therein, except that,
3 subject to the provisions of s. 63.162, a child and the
4 parents of the child and their attorneys, guardian ad litem,
5 law enforcement agencies, and the department and its designees
6 shall always have the right to inspect and copy any official
7 record pertaining to the child. The court may permit
8 authorized representatives of recognized organizations
9 compiling statistics for proper purposes to inspect and make
10 abstracts from official records, under whatever conditions
11 upon their use and disposition the court may deem proper, and
12 may punish by contempt proceedings any violation of those
13 conditions.
14 (4)(a) All information obtained pursuant to this part
15 in the discharge of official duty by any judge, employee of
16 the court, authorized agent of the department, correctional
17 probation officer, or law enforcement agent is confidential
18 and exempt from s. 119.07(1) and may not be disclosed to
19 anyone other than the authorized personnel of the court, the
20 department and its designees, correctional probation officers,
21 law enforcement agents, guardian ad litem, and others entitled
22 under this chapter to receive that information, except upon
23 order of the court.
24 (6) No court record of proceedings under this chapter
25 shall be admissible in evidence in any other civil or criminal
26 proceeding, except that:
27 (b) Records of proceedings under this chapter part
28 forming a part of the record on appeal shall be used in the
29 appellate court in the manner hereinafter provided.
30 (d) Records of proceedings under this chapter part may
31 be used to prove disqualification pursuant to s. 435.06 and
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Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 for proof regarding such disqualification in a chapter 120
2 proceeding.
3 Section 17. Paragraph (e) of subsection (2) of section
4 39.202, Florida Statutes, is amended to read:
5 39.202 Confidentiality of reports and records in cases
6 of child abuse or neglect.--
7 (2) Access to such records, excluding the name of the
8 reporter which shall be released only as provided in
9 subsection (4), shall be granted only to the following
10 persons, officials, and agencies:
11 (e) Any person alleged in the report as having caused
12 the abuse, abandonment, or neglect of a child. This access
13 shall be made available no later than 30 days after the
14 department receives the initial report of abuse, abandonment,
15 or neglect and, when the alleged perpetrator is not a parent,
16 shall be limited to information involving the protective
17 investigation only and shall not include any information
18 relating to subsequent dependency proceedings. However, any
19 information otherwise made confidential or exempt by law shall
20 not be released pursuant to this paragraph.
21 Section 18. Paragraph (c) of subsection (8) of section
22 39.402, Florida Statutes, is amended to read:
23 39.402 Placement in a shelter.--
24 (8)
25 (c) At the shelter hearing, the court shall:
26 1. Appoint a guardian ad litem to represent the best
27 interest of the child, unless the court finds that such
28 representation is unnecessary;
29 2. Inform the parents or legal custodians of their
30 right to counsel to represent them at the shelter hearing and
31 at each subsequent hearing or proceeding, and the right of the
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Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 parents to appointed counsel, pursuant to the procedures set
2 forth in s. 39.013; and
3 3. Give the parents or legal custodians an opportunity
4 to be heard and to present evidence.
5 Section 19. Subsection (18) of section 39.502, Florida
6 Statutes, is amended to read:
7 39.502 Notice, process, and service.--
8 (18) In all proceedings under this part chapter, the
9 court shall provide to the parent or legal custodian of the
10 child, at the conclusion of any hearing, a written notice
11 containing the date of the next scheduled hearing. The court
12 shall also include the date of the next hearing in any order
13 issued by the court.
14 Section 20. Subsection (5) of section 39.503, Florida
15 Statutes, is amended to read:
16 39.503 Identity or location of parent unknown; special
17 procedures.--
18 (5) If the inquiry under subsection (1) identifies a
19 parent or prospective parent, and that person's location is
20 unknown, the court shall direct the petitioner department to
21 conduct a diligent search for that person before scheduling a
22 disposition hearing regarding the dependency of the child
23 unless the court finds that the best interest of the child
24 requires proceeding without notice to the person whose
25 location is unknown.
26 Section 21. (1) Present part VII of chapter 39,
27 Florida Statutes, is redesignated as part VIII, and a new part
28 VII, is created, consisting of section 39.521, Florida
29 Statutes, entitled "Disposition; Postdisposition Change of
30 Custody."
31 (2) Present parts VIII through XI of chapter 39,
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 Florida Statutes, are redesignated as parts X through XIII,
2 respectively, and a new part IX is created, consisting of
3 sections 39.621, 39.622, 39.623, and 39.624, Florida Statutes,
4 entitled "Permanency."
5 Section 22. Section 39.508, Florida Statutes, is
6 renumbered as section 39.521, Florida Statutes, and amended to
7 read:
8 39.521 39.508 Disposition hearings; powers of
9 disposition.--
10 (1) A At the disposition hearing shall be conducted by
11 the court, if the court finds that the facts alleged in the
12 petition for dependency were proven in the adjudicatory
13 hearing, or if the parents or legal custodians have consented
14 to the finding of dependency or admitted the allegations in
15 the petition, have failed to appear for the arraignment
16 hearing after proper notice, or have not been located despite
17 a diligent search having been conducted.
18 (a) A written, the court shall receive and consider a
19 case plan and a predisposition study prepared, which must be
20 in writing and presented by an authorized agent of the
21 department must be filed with the court and served upon the
22 parents of the child, provided to the representative of the
23 guardian ad litem program, if the program has been appointed,
24 and provided to all other parties, not less than 72 hours
25 before the disposition hearing. All such case plans must be
26 approved by the court. If the court does not approve the case
27 plan at the disposition hearing, the court must set a hearing
28 within 30 days after the disposition hearing to review and
29 approve the case plan.
30 (b) When any child is adjudicated by a court to be
31 dependent, the court having jurisdiction of the child has the
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Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 power by order to:
2 1. Require the parent and, when appropriate, the legal
3 custodian and the child, to participate in treatment and
4 services identified as necessary.
5 2. Require, if the court deems necessary, the parties
6 to participate in dependency mediation.
7 3. Require placement of the child either under the
8 protective supervision of an authorized agent of the
9 department in the home of one or both of the child's parents
10 or in the home of a relative of the child or another adult
11 approved by the court, or in the custody of the department.
12 Protective supervision continues until the court terminates it
13 or until the child reaches the age of 18, whichever date is
14 first. Protective supervision shall be terminated by the court
15 whenever the court determines that permanency has been
16 achieved for the child, whether with a parent, another
17 relative, or a legal custodian, and that protective
18 supervision is no longer needed. The termination of
19 supervision may be with or without retaining jurisdiction, at
20 the court's discretion, and shall in either case be considered
21 a permanency option for the child. The order terminating
22 supervision by the department shall set forth the powers of
23 the custodian of the child and shall include the powers
24 ordinarily granted to a guardian of the person of a minor
25 unless otherwise specified. Upon the court's termination of
26 supervision by the department, no further judicial reviews are
27 required, so long as permanency has been established for the
28 child.
29 (c) At the conclusion of the disposition hearing, the
30 court shall schedule the initial judicial review hearing which
31 must be held no later than 90 days after the date of the
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Amendment No. ___
1 disposition hearing or after the date of the hearing at which
2 the court approves the case plan, whichever occurs earlier,
3 but in no event shall the review hearing be held later than 6
4 months after the date of the child's removal from the home.
5 (d) The court shall, in its written order of
6 disposition, include all of the following:
7 1. The placement or custody of the child.
8 2. Special conditions of placement and visitation.
9 3. Evaluation, counseling, treatment activities, and
10 other actions to be taken by the parties, if ordered.
11 4. The persons or entities responsible for supervising
12 or monitoring services to the child and parent.
13 5. Continuation or discharge of the guardian ad litem,
14 as appropriate.
15 6. The date, time, and location of the next scheduled
16 review hearing, which must occur within the earlier of:
17 a. Ninety days after the disposition hearing;
18 b. Ninety days after the court accepts the case plan;
19 c. Six months after the date of the last review
20 hearing; or
21 d. Six months after the date of the child's removal
22 from his or her home, if no review hearing has been held since
23 the child's removal from the home.
24 7. If the child is in an out-of-home placement, child
25 support to be paid by the parents, or the guardian of the
26 child's estate if possessed of assets which under law may be
27 disbursed for the care, support, and maintenance of the child.
28 The court may exercise jurisdiction over all child support
29 matters, shall adjudicate the financial obligation, including
30 health insurance, of the child's parents or guardian, and
31 shall enforce the financial obligation as provided in chapter
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Amendment No. ___
1 61. The state's child support enforcement agency shall enforce
2 child support orders under this section in the same manner as
3 child support orders under chapter 61. Placement of the child
4 shall not be contingent upon issuance of a support order.
5 8.a. If the court does not commit the child to the
6 temporary legal custody of an adult relative, legal custodian,
7 or other adult approved by the court, the disposition order
8 shall include the reasons for such a decision and shall
9 include a determination as to whether diligent efforts were
10 made by the department to locate an adult relative, legal
11 custodian, or other adult willing to care for the child in
12 order to present that placement option to the court instead of
13 placement with the department.
14 b. If diligent efforts are made to locate an adult
15 relative willing and able to care for the child but, because
16 no suitable relative is found, the child is placed with the
17 department or a legal custodian or other adult approved by the
18 court, both the department and the court shall consider
19 transferring temporary legal custody to an adult relative
20 approved by the court at a later date, but neither the
21 department nor the court is obligated to so place the child if
22 it is in the child's best interest to remain in the current
23 placement.
24
25 For the purposes of this subparagraph, "diligent efforts to
26 locate an adult relative" means a search similar to the
27 diligent search for a parent, but without the continuing
28 obligation to search after an initial adequate search is
29 completed.
30 9. Other requirements necessary to protect the health,
31 safety, and well-being of the child, to preserve the stability
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Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 of the child's educational placement, and to promote family
2 preservation or reunification whenever possible.
3 (e) If the court finds that the prevention or
4 reunification efforts of the department will allow the child
5 to remain safely at home or be safely returned to the home,
6 the court shall allow the child to remain in or return to the
7 home after making a specific finding of fact that the reasons
8 for removal have been remedied to the extent that the child's
9 safety, well-being, and physical, mental, and emotional health
10 will not be endangered.
11 (f) If the court places the child in an out-of-home
12 placement, the disposition order must include a written
13 determination that the child cannot safely remain at home with
14 reunification or family preservation services and that removal
15 of the child is necessary to protect the child. If the child
16 has been removed before the disposition hearing, the order
17 must also include a written determination as to whether, after
18 removal, the department has made a reasonable effort to
19 reunify the parent and child, if reasonable efforts are
20 required. Reasonable efforts to reunify are not required if
21 the court has found that any of the acts listed in s.
22 39.806(1)(f)-(i) have occurred. The department has the burden
23 of demonstrating that it has made reasonable efforts under
24 this paragraph.
25 1. For the purposes of this paragraph, the term
26 "reasonable effort" means the exercise of reasonable diligence
27 and care by the department to provide the services ordered by
28 the court or delineated in the case plan.
29 2. In support of its determination as to whether
30 reasonable efforts have been made, the court shall:
31 a. Enter written findings as to whether or not
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Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 prevention or reunification efforts were indicated.
2 b. If prevention or reunification efforts were
3 indicated, include a brief written description of what
4 appropriate and available prevention and reunification efforts
5 were made.
6 c. Indicate in writing why further efforts could or
7 could not have prevented or shortened the separation of the
8 parent and child.
9 3. A court may find that the department has made a
10 reasonable effort to prevent or eliminate the need for removal
11 if:
12 a. The first contact of the department with the family
13 occurs during an emergency;
14 b. The appraisal by the department of the home
15 situation indicates that it presents a substantial and
16 immediate danger to the child's safety or physical, mental, or
17 emotional health which cannot be mitigated by the provision of
18 preventive services;
19 c. The child cannot safely remain at home, either
20 because there are no preventive services that can ensure the
21 health and safety of the child or, even with appropriate and
22 available services being provided, the health and safety of
23 the child cannot be ensured; or
24 d. The parent is alleged to have committed any of the
25 acts listed as grounds for expedited termination of parental
26 rights in s. 39.806(1)(f)-(i).
27 4. A reasonable effort by the department for
28 reunification of the parent and child has been made if the
29 appraisal of the home situation by the department indicates
30 that the severity of the conditions of dependency is such that
31 reunification efforts are inappropriate. The department has
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Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 the burden of demonstrating to the court that reunification
2 efforts were inappropriate.
3 5. If the court finds that the prevention or
4 reunification effort of the department would not have
5 permitted the child to remain safely at home, the court may
6 commit the child to the temporary legal custody of the
7 department or take any other action authorized by this
8 chapter.
9 (2) The predisposition study shall cover for any
10 dependent child all factors specified in s. 61.13(3), and must
11 also provide the court with the following documented
12 information:
13 (a) The capacity and disposition of the parents to
14 provide the child with food, clothing, medical care, or other
15 remedial care recognized and permitted under the laws of this
16 state in lieu of medical care, and other material needs.
17 (b) The length of time the child has lived in a
18 stable, satisfactory environment and the desirability of
19 maintaining continuity.
20 (c) The mental and physical health of the parents.
21 (d) The home, school, and community record of the
22 child.
23 (e) The reasonable preference of the child, if the
24 court deems the child to be of sufficient intelligence,
25 understanding, and experience to express a preference.
26 (f) Evidence of domestic violence or child abuse.
27 (g)(a) An assessment defining the dangers and risks of
28 returning the child home, including a description of the
29 changes in and resolutions to the initial risks.
30 (h)(b) A description of what risks are still present
31 and what resources are available and will be provided for the
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Amendment No. ___
1 protection and safety of the child.
2 (i)(c) A description of the benefits of returning the
3 child home.
4 (j)(d) A description of all unresolved issues.
5 (k)(e) A Florida Abuse Hotline Information System
6 (FAHIS) An abuse registry history and criminal records check
7 for all caregivers, family members, and individuals residing
8 within the household from which the child was removed.
9 (l)(f) The complete report and recommendation of the
10 child protection team of the Department of Health or, if no
11 report exists, a statement reflecting that no report has been
12 made.
13 (m)(g) All opinions or recommendations from other
14 professionals or agencies that provide evaluative, social,
15 reunification, or other services to the parent and child.
16 (n)(h) A listing The availability of appropriate and
17 available prevention and reunification services for the parent
18 and child to prevent the removal of the child from the home or
19 to reunify the child with the parent after removal, including
20 the availability of family preservation services and an
21 explanation of the following:
22 1. If the services were or were not provided.
23 2. If the services were provided, the outcome of the
24 services.
25 3. If the services were not provided, why they were
26 not provided.
27 4. If the services are currently being provided and if
28 they need to be continued through the Family Builders Program,
29 the Intensive Crisis Counseling Program, or both.
30 (o)(i) A listing The inappropriateness of other
31 prevention and reunification services that were available but
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1 determined to be inappropriate and why.
2 (j) The efforts by the department to prevent
3 out-of-home placement of the child or, when applicable, to
4 reunify the parent and child if appropriate services were
5 available, including the application of intensive family
6 preservation services through the Family Builders Program, the
7 Intensive Crisis Counseling Program, or both.
8 (k) Whether the services were provided to the parent
9 and child.
10 (l) If the services were provided, whether they were
11 sufficient to meet the needs of the child and the parent and
12 to enable the child to remain safely at home or to be returned
13 home.
14 (m) If the services were not provided, the reasons for
15 such lack of action.
16 (n) The need for, or appropriateness of, continuing
17 the services if the child remains in the custody of the parent
18 or if the child is placed outside the home.
19 (p)(o) Whether dependency mediation was provided.
20 (q)(p) If the child has been removed from the home and
21 there is a parent or legal custodian who may be considered for
22 custody pursuant to this section, a recommendation as to
23 whether placement of the child with that parent or legal
24 custodian would be detrimental to the child.
25 (r)(q) If the child has been removed from the home and
26 will be remaining with a relative or other adult approved by
27 the court, a home study report concerning the proposed
28 placement shall be included in the predisposition report.
29 Prior to recommending to the court any out-of-home placement
30 for a child other than placement in a licensed shelter or
31 foster home, the department shall conduct a study of the home
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Amendment No. ___
1 of the proposed legal custodians, which must include, at a
2 minimum:
3 1. An interview with the proposed legal custodians to
4 assess their ongoing commitment and ability to care for the
5 child.
6 2. Records checks through the Florida Abuse Hotline
7 Information System (FAHIS), and local and statewide criminal
8 and juvenile records checks through the Department of Law
9 Enforcement, on all household members 12 years of age or older
10 and any other persons made known to the department who are
11 frequent visitors in the home. Out-of-state criminal records
12 checks must be initiated for any individual designated above
13 who has resided in a state other than Florida provided that
14 state's laws allow the release of these records. The
15 out-of-state criminal records must be filed with the court
16 within 5 days after receipt by the department or its agent.
17 3. An assessment of the physical environment of the
18 home.
19 4. A determination of the financial security of the
20 proposed legal custodians.
21 5. A determination of suitable child care arrangements
22 if the proposed legal custodians are employed outside of the
23 home.
24 6. Documentation of counseling and information
25 provided to the proposed legal custodians regarding the
26 dependency process and possible outcomes.
27 7. Documentation that information regarding support
28 services available in the community has been provided to the
29 proposed legal custodians.
30
31 The department shall not place the child or continue the
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Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 placement of the child in a home under shelter or
2 postdisposition placement if the results of the home study are
3 unfavorable, unless the court finds that this placement is in
4 the child's best interest.
5 (s)(r) If the child has been removed from the home, a
6 determination of the amount of child support each parent will
7 be required to pay pursuant to s. 61.30.
8 (t) If placement of the child with anyone other than
9 the child's parent is being considered, the predisposition
10 study shall include the designation of a specific length of
11 time as to when custody by the parent will be reconsidered.
12
13 Any other relevant and material evidence, including other
14 written or oral reports, may be received by the court in its
15 effort to determine the action to be taken with regard to the
16 child and may be relied upon to the extent of its probative
17 value, even though not competent in an adjudicatory hearing.
18 Except as otherwise specifically provided, nothing in this
19 section prohibits the publication of proceedings in a hearing.
20 (3)(a)1. Notwithstanding s. 435.045(1), the department
21 may place a child in a foster home which otherwise meets
22 licensing requirements if state and local criminal records
23 checks do not disqualify the applicant, and the department has
24 submitted fingerprint information to the Florida Department of
25 Law Enforcement for forwarding to the Federal Bureau of
26 Investigation and is awaiting the results of the federal
27 criminal records check.
28 2. Prospective and approved foster parents must
29 disclose to the department any prior or pending local, state,
30 or federal criminal proceedings in which they are or have been
31 involved.
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Amendment No. ___
1 (b) Prior to recommending to the court any out-of-home
2 placement for a child other than placement in a licensed
3 shelter or foster home, the department shall conduct a study
4 of the home of the proposed legal custodians, which must
5 include, at a minimum:
6 1. An interview with the proposed legal custodians to
7 assess their ongoing commitment and ability to care for the
8 child.
9 2. Records checks through the department's automated
10 abuse information system, and local and statewide criminal and
11 juvenile records checks through the Department of Law
12 Enforcement, on all household members 12 years of age or older
13 and any other persons made known to the department who are
14 frequent visitors in the home.
15 3. An assessment of the physical environment of the
16 home.
17 4. A determination of the financial security of the
18 proposed legal custodians.
19 5. A determination of suitable child care arrangements
20 if the proposed legal custodians are employed outside of the
21 home.
22 6. Documentation of counseling and information
23 provided to the proposed legal custodians regarding the
24 dependency process and possible outcomes.
25 7. Documentation that information regarding support
26 services available in the community has been provided to the
27 proposed legal custodians.
28 (c) The department shall not place the child or
29 continue the placement of the child in the home of the
30 proposed legal custodians if the results of the home study are
31 unfavorable.
18
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 (4) If placement of the child with anyone other than
2 the child's parent is being considered, the predisposition
3 study shall include the designation of a specific length of
4 time as to when custody by the parent will be reconsidered.
5 (5) The predisposition study may not be made before
6 the adjudication of dependency unless the parents of the child
7 consent.
8 (6) A case plan and predisposition study must be filed
9 with the court and served upon the parents of the child,
10 provided to the representative of the guardian ad litem
11 program, if the program has been appointed, and provided to
12 all other parties not less than 72 hours before the
13 disposition hearing. All such case plans must be approved by
14 the court. If the court does not approve the case plan at the
15 disposition hearing, the court must set a hearing within 30
16 days after the disposition hearing to review and approve the
17 case plan.
18 (7) The initial judicial review must be held no later
19 than 90 days after the date of the disposition hearing or
20 after the date of the hearing at which the court approves the
21 case plan, whichever occurs earlier, but in no event shall the
22 review be held later than 6 months after the date of the
23 child's removal from the home.
24 (3)(8) When any child is adjudicated by a court to be
25 dependent, and the court finds that removal of the child from
26 the custody of a parent or legal custodian is necessary, the
27 court shall determine the appropriate placement for the child
28 as follows:
29 (a) If the court determines that the child can safely
30 remain in the home with the parent with whom the child was
31 residing at the time the events or conditions arose that
19
9:19 AM 05/04/00 h2125c-04x9p
SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 brought the child within the jurisdiction of the court and
2 that remaining in this home is in the best interest of the
3 child, then the court shall order conditions under which the
4 child may remain or return to the home and that this placement
5 be under the protective supervision of the department for not
6 less than 6 months.
7 (b) If first determine whether there is a parent with
8 whom the child was not residing at the time the events or
9 conditions arose that brought the child within the
10 jurisdiction of the court who desires to assume custody of the
11 child and, if such parent requests custody, the court shall
12 place the child with that the parent upon completion of a home
13 study, unless the court it finds that such placement would
14 endanger the safety, well-being, or physical, mental, or
15 emotional health of the child. Any party with knowledge of the
16 facts may present to the court evidence regarding whether the
17 placement will endanger the safety, well-being, or physical,
18 mental, or emotional health of the child. If the court places
19 the child with such parent, it may do either of the following:
20 1.(a) Order that the parent assume sole custodial
21 responsibilities for the child. The court may also provide for
22 reasonable visitation by the noncustodial parent. The court
23 may then terminate its jurisdiction over the child. The
24 custody order shall continue unless modified by a subsequent
25 order of the circuit court hearing dependency matters. The
26 order of the circuit court hearing dependency matters shall be
27 filed in any dissolution or other custody action or proceeding
28 between the parents and shall take precedence over other
29 custody and visitation orders entered in those actions.
30 2.(b) Order that the parent assume custody subject to
31 the jurisdiction of the circuit court hearing dependency
20
9:19 AM 05/04/00 h2125c-04x9p
SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 matters. The court may order that reunification services be
2 provided to the parent from whom the child has been removed,
3 that services be provided solely to the parent who is assuming
4 physical custody in order to allow that parent to retain later
5 custody without court jurisdiction, or that services be
6 provided to both parents, in which case the court shall
7 determine at every review hearing which parent, if either,
8 shall have custody of the child. The standard for changing
9 custody of the child from one parent to another or to a
10 relative or another adult approved by the court shall be the
11 best interest of the child.
12 (c) If no fit parent is willing or available to assume
13 care and custody of the child, place
14 (9)(a) When any child is adjudicated by a court to be
15 dependent, the court having jurisdiction of the child has the
16 power, by order, to:
17 1. Require the parent or legal custodian, and the
18 child when appropriate, to participate in treatment and
19 services identified as necessary.
20 2. Require the parent or legal custodian, and the
21 child when appropriate, to participate in mediation if the
22 parent or legal custodian refused to participate in mediation.
23 3. Place the child under the protective supervision of
24 an authorized agent of the department, either in the child's
25 own home or, the prospective custodian being willing, in the
26 home of a relative of the child or of another adult approved
27 by the court, or in some other suitable place under such
28 reasonable conditions as the court may direct. Protective
29 supervision continues until the court terminates it or until
30 the child reaches the age of 18, whichever date is first.
31 Protective supervision shall be terminated by the court
21
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 whenever the court determines that permanency has been
2 achieved for the child, whether with a parent, another
3 relative, or a legal custodian, and that protective
4 supervision is no longer needed. The termination of
5 supervision may be with or without retaining jurisdiction, at
6 the court's discretion, and shall in either case be considered
7 a permanency option for the child. The order terminating
8 supervision by the department shall set forth the powers of
9 the custodian of the child and shall include the powers
10 ordinarily granted to a guardian of the person of a minor
11 unless otherwise specified. Upon the court's termination of
12 supervision by the department, no further judicial reviews are
13 required, so long as permanency has been established for the
14 child.
15 4. Place the child in the temporary legal custody of
16 an adult relative or other adult approved by the court who is
17 willing to care for the child, under the protective
18 supervision of the department. The department must supervise
19 this placement until the child reaches permanency status in
20 this home, and in no case for a period of less than 6 months.
21 Permanency in a relative placement shall be by adoption,
22 long-term custody, or guardianship.
23 (d) If the child cannot be safely placed in a
24 nonlicensed placement, the court shall commit the child to the
25 temporary legal custody of the department. Such commitment
26 invests in the department all rights and responsibilities of a
27 legal custodian. The department shall not return any child to
28 the physical care and custody of the person from whom the
29 child was removed, except for court-approved visitation
30 periods, without the approval of the court. The term of such
31 commitment continues until terminated by the court or until
22
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 the child reaches the age of 18. After the child is committed
2 to the temporary legal custody of the department, all further
3 proceedings under this section are governed by this chapter.
4
5 Protective supervision continues until the court terminates it
6 or until the child reaches the age of 18, whichever date is
7 first. Protective supervision shall be terminated by the court
8 whenever the court determines that permanency has been
9 achieved for the child, whether with a parent, another
10 relative, or a legal custodian, and that protective
11 supervision is no longer needed. The termination of
12 supervision may be with or without retaining jurisdiction, at
13 the court's discretion, and shall in either case be considered
14 a permanency option for the child. The order terminating
15 supervision by the department shall set forth the powers of
16 the custodian of the child and shall include the powers
17 ordinarily granted to a guardian of the person of a minor
18 unless otherwise specified. Upon the court's termination of
19 supervision by the department, no further judicial reviews are
20 required, so long as permanency has been established for the
21 child.
22 (4) An agency granted legal custody shall have the
23 right to determine where and with whom the child shall live,
24 but an individual granted legal custody shall exercise all
25 rights and duties personally unless otherwise ordered by the
26 court.
27 (5) In carrying out the provisions of this chapter,
28 the court may order the parents and legal custodians of a
29 child who is found to be dependent to participate in family
30 counseling and other professional counseling activities deemed
31 necessary for the rehabilitation of the parent or child.
23
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 (6) With respect to a child who is the subject in
2 proceedings under this chapter, the court may issue to the
3 department an order to show cause why it should not return the
4 child to the custody of the parents upon expiration of the
5 case plan, or sooner if the parents have substantially
6 complied with the case plan.
7 (7) The court may enter an order ending its
8 jurisdiction over a child when a child has been returned to
9 the parents, provided the court shall not terminate its
10 jurisdiction or the department's supervision over the child
11 until 6 months after the child's return. The court shall
12 determine whether its jurisdiction should be continued or
13 terminated in such a case based on a report of the department
14 or agency or the child's guardian ad litem, and any other
15 relevant factors; if its jurisdiction is to be terminated, the
16 court shall enter an order to that effect.
17 5.a. When the parents have failed to comply with a
18 case plan and the court determines at a judicial review
19 hearing, or at an adjudication hearing held pursuant to this
20 section, that neither reunification, termination of parental
21 rights, nor adoption is in the best interest of the child, the
22 court may place the child in the long-term custody of an adult
23 relative or other adult approved by the court willing to care
24 for the child, if all of the following conditions are met:
25 (I) A case plan describing the responsibilities of the
26 relative or other adult, the department, and any other party
27 must have been submitted to the court.
28 (II) The case plan for the child does not include
29 reunification with the parents or adoption by the relative or
30 other adult.
31 (III) The child and the relative or other adult are
24
9:19 AM 05/04/00 h2125c-04x9p
SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 determined not to need protective supervision or preventive
2 services to ensure the stability of the long-term custodial
3 relationship, or the department assures the court that
4 protective supervision or preventive services will be provided
5 in order to ensure the stability of the long-term custodial
6 relationship.
7 (IV) Each party to the proceeding agrees that a
8 long-term custodial relationship does not preclude the
9 possibility of the child returning to the custody of the
10 parent at a later date, should the parent demonstrate a
11 material change in circumstances and the return of the child
12 to the parent is in the child's best interest.
13 (V) The court has considered the reasonable preference
14 of the child if the court has found the child to be of
15 sufficient intelligence, understanding, and experience to
16 express a preference.
17 (VI) The court has considered the recommendation of
18 the guardian ad litem if one has been appointed.
19 (VII) The relative or other adult has made a
20 commitment to provide for the child until the child reaches
21 the age of majority and to prepare the child for adulthood and
22 independence.
23 (VIII) The relative or other adult agrees not to
24 return the child to the physical care and custody of the
25 person from whom the child was removed, including for short
26 visitation periods, without the approval of the court.
27 b. The court shall retain jurisdiction over the case,
28 and the child shall remain in the long-term custody of the
29 relative or other adult approved by the court until the order
30 creating the long-term custodial relationship is modified by
31 the court. The court shall discontinue regular judicial review
25
9:19 AM 05/04/00 h2125c-04x9p
SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 hearings and may relieve the department of the responsibility
2 for supervising the placement of the child whenever the court
3 determines that the placement is stable and that such
4 supervision is no longer needed. The child must be in the
5 placement for a minimum of 6 continuous months before the
6 court may consider termination of the department's
7 supervision. Notwithstanding the retention of jurisdiction,
8 the placement shall be considered a permanency option for the
9 child when the court relieves the department of the
10 responsibility for supervising the placement. The order
11 terminating supervision by the department shall set forth the
12 powers of the custodian of the child and shall include the
13 powers ordinarily granted to a guardian of the person of a
14 minor unless otherwise specified. The court may modify the
15 order terminating supervision of the long-term placement if it
16 finds that the long-term placement is no longer in the best
17 interest of the child.
18 6.a. Approve placement of the child in long-term
19 out-of-home care, when the following conditions are met:
20 (I) The foster child is 16 years of age or older,
21 unless the court determines that the history or condition of a
22 younger child makes long-term out-of-home care the most
23 appropriate placement.
24 (II) The child demonstrates no desire to be placed in
25 an independent living arrangement pursuant to this subsection.
26 (III) The department's social services study pursuant
27 to part VIII recommends long-term out-of-home care.
28
29 Long-term out-of-home care under the above conditions shall
30 not be considered a permanency option.
31 b. The court may approve placement of the child in
26
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 long-term out-of-home care, as a permanency option, when all
2 of the following conditions are met:
3 (I) The child is 14 years of age or older.
4 (II) The child is living in a licensed home and the
5 foster parents desire to provide care for the child on a
6 permanent basis and the foster parents and the child do not
7 desire adoption.
8 (III) The foster family has made a commitment to
9 provide for the child until he or she reaches the age of
10 majority and to prepare the child for adulthood and
11 independence.
12 (IV) The child has remained in the home for a
13 continuous period of no less than 12 months.
14 (V) The foster parents and the child view one another
15 as family and consider living together as the best place for
16 the child to be on a permanent basis.
17 (VI) The department's social services study recommends
18 such placement and finds the child's well-being has been
19 promoted through living with the foster parents.
20
21 Notwithstanding the retention of jurisdiction and supervision
22 by the department, long-term out-of-home care placements made
23 pursuant to this section shall be considered a permanency
24 option for the child. For purposes of this subsection,
25 supervision by the department shall be defined as a minimum of
26 semiannual visits. The order placing the child in long-term
27 out-of-home care as a permanency option shall set forth the
28 powers of the custodian of the child and shall include the
29 powers ordinarily granted to a guardian of the person of a
30 minor unless otherwise specified. The court may modify the
31 permanency option of long-term out-of-home care if it finds
27
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 that the placement is no longer in the best interests of the
2 child.
3 c. Approve placement of the child in an independent
4 living arrangement for any child 16 years of age or older, if
5 it can be clearly established that this type of alternate care
6 arrangement is the most appropriate plan and that the health,
7 safety, and well-being of the child will not be jeopardized by
8 such an arrangement. While in independent living situations,
9 children whose legal custody has been awarded to the
10 department or a licensed child-caring or child-placing agency,
11 or who have been voluntarily placed with such an agency by a
12 parent, guardian, relative, or adult approved by the court,
13 continue to be subject to court review provisions.
14 7. Commit the child to the temporary legal custody of
15 the department. Such commitment invests in the department all
16 rights and responsibilities of a legal custodian. The
17 department shall not return any child to the physical care and
18 custody of the person from whom the child was removed, except
19 for court-approved visitation periods, without the approval of
20 the court. The term of such commitment continues until
21 terminated by the court or until the child reaches the age of
22 18. After the child is committed to the temporary custody of
23 the department, all further proceedings under this section are
24 also governed by this chapter.
25 8.a. Change the temporary legal custody or the
26 conditions of protective supervision at a postdisposition
27 hearing, without the necessity of another adjudicatory
28 hearing. A child who has been placed in the child's own home
29 under the protective supervision of an authorized agent of the
30 department, in the home of a relative, in the home of a legal
31 custodian, or in some other place may be brought before the
28
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 court by the department or by any other interested person,
2 upon the filing of a petition alleging a need for a change in
3 the conditions of protective supervision or the placement. If
4 the parents or other legal custodians deny the need for a
5 change, the court shall hear all parties in person or by
6 counsel, or both. Upon the admission of a need for a change or
7 after such hearing, the court shall enter an order changing
8 the placement, modifying the conditions of protective
9 supervision, or continuing the conditions of protective
10 supervision as ordered. The standard for changing custody of
11 the child shall be the best interest of the child. If the
12 child is not placed in foster care, then the new placement for
13 the child must meet the home study criteria and court approval
14 pursuant to this chapter.
15 b. In cases where the issue before the court is
16 whether a child should be reunited with a parent, the court
17 shall determine whether the parent has substantially complied
18 with the terms of the case plan to the extent that the safety,
19 well-being, and physical, mental, and emotional health of the
20 child is not endangered by the return of the child to the
21 home.
22 (b) The court shall, in its written order of
23 disposition, include all of the following:
24 1. The placement or custody of the child as provided
25 in paragraph (a).
26 2. Special conditions of placement and visitation.
27 3. Evaluation, counseling, treatment activities, and
28 other actions to be taken by the parties, if ordered.
29 4. The persons or entities responsible for supervising
30 or monitoring services to the child and parent.
31 5. Continuation or discharge of the guardian ad litem,
29
9:19 AM 05/04/00 h2125c-04x9p
SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 as appropriate.
2 6. The date, time, and location of the next scheduled
3 review hearing, which must occur within the earlier of:
4 a. Ninety days after the disposition hearing;
5 b. Ninety days after the court accepts the case plan;
6 c. Six months after the date of the last review
7 hearing; or
8 d. Six months after the date of the child's removal
9 from his or her home, if no review hearing has been held since
10 the child's removal from the home.
11 7. Other requirements necessary to protect the health,
12 safety, and well-being of the child, to preserve the stability
13 of the child's educational placement, and to promote family
14 preservation or reunification whenever possible.
15 (c) If the court finds that the prevention or
16 reunification efforts of the department will allow the child
17 to remain safely at home or be safely returned to the home,
18 the court shall allow the child to remain in or return to the
19 home after making a specific finding of fact that the reasons
20 for removal have been remedied to the extent that the child's
21 safety, well-being, and physical, mental, and emotional health
22 will not be endangered.
23 (d) If the court places the child in an out-of-home
24 placement, the disposition order must include a written
25 determination that the child cannot safely remain at home with
26 reunification or family preservation services and that removal
27 of the child is necessary to protect the child. If the child
28 has been removed before the disposition hearing, the order
29 must also include a written determination as to whether, after
30 removal, the department has made a reasonable effort to
31 reunify the parent and child, if reasonable efforts are
30
9:19 AM 05/04/00 h2125c-04x9p
SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 required. Reasonable efforts to reunify are not required if
2 the court has found that any of the acts listed in s.
3 39.806(1)(f)-(i) have occurred. The department has the burden
4 of demonstrating that it has made reasonable efforts under
5 this paragraph.
6 1. For the purposes of this paragraph, the term
7 "reasonable effort" means the exercise of reasonable diligence
8 and care by the department to provide the services delineated
9 in the case plan.
10 2. In support of its determination as to whether
11 reasonable efforts have been made, the court shall:
12 a. Enter written findings as to whether or not
13 prevention or reunification efforts were indicated.
14 b. If prevention or reunification efforts were
15 indicated, include a brief written description of what
16 appropriate and available prevention and reunification efforts
17 were made.
18 c. Indicate in writing why further efforts could or
19 could not have prevented or shortened the separation of the
20 parent and child.
21 3. A court may find that the department has made a
22 reasonable effort to prevent or eliminate the need for removal
23 if:
24 a. The first contact of the department with the family
25 occurs during an emergency;
26 b. The appraisal by the department of the home
27 situation indicates that it presents a substantial and
28 immediate danger to the child's safety or physical, mental, or
29 emotional health which cannot be mitigated by the provision of
30 preventive services;
31 c. The child cannot safely remain at home, either
31
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 because there are no preventive services that can ensure the
2 health and safety of the child or, even with appropriate and
3 available services being provided, the health and safety of
4 the child cannot be ensured; or
5 d. The parent or legal custodian is alleged to have
6 committed any of the acts listed as grounds for expedited
7 termination of parental rights in s. 39.806(1)(f)-(i).
8 4. A reasonable effort by the department for
9 reunification of the parent and child has been made if the
10 appraisal of the home situation by the department indicates
11 that the severity of the conditions of dependency is such that
12 reunification efforts are inappropriate. The department has
13 the burden of demonstrating to the court that reunification
14 efforts were inappropriate.
15 5. If the court finds that the prevention or
16 reunification effort of the department would not have
17 permitted the child to remain safely at home, the court may
18 commit the child to the temporary legal custody of the
19 department or take any other action authorized by this
20 chapter.
21 (10)(a) When any child is adjudicated by the court to
22 be dependent and temporary legal custody of the child has been
23 placed with an adult relative, legal custodian, or other adult
24 approved by the court, a licensed child-caring agency, or the
25 department, the court shall, unless a parent has voluntarily
26 executed a written surrender for purposes of adoption, order
27 the parents, or the guardian of the child's estate if
28 possessed of assets which under law may be disbursed for the
29 care, support, and maintenance of the child, to pay child
30 support to the legal custodian caring for the child, the
31 licensed child-caring agency, or the department. The court may
32
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 exercise jurisdiction over all child support matters, shall
2 adjudicate the financial obligation, including health
3 insurance, of the child's parents or guardian, and shall
4 enforce the financial obligation as provided in chapter 61.
5 The state's child support enforcement agency shall enforce
6 child support orders under this section in the same manner as
7 child support orders under chapter 61.
8 (b) Placement of the child pursuant to subsection (8)
9 shall not be contingent upon issuance of a support order.
10 (11)(a) If the court does not commit the child to the
11 temporary legal custody of an adult relative, legal custodian,
12 or other adult approved by the court, the disposition order
13 shall include the reasons for such a decision and shall
14 include a determination as to whether diligent efforts were
15 made by the department to locate an adult relative, legal
16 custodian, or other adult willing to care for the child in
17 order to present that placement option to the court instead of
18 placement with the department.
19 (b) If diligent efforts are made to locate an adult
20 relative willing and able to care for the child but, because
21 no suitable relative is found, the child is placed with the
22 department or a legal custodian or other adult approved by the
23 court, both the department and the court shall consider
24 transferring temporary legal custody to an adult relative
25 approved by the court at a later date, but neither the
26 department nor the court is obligated to so place the child if
27 it is in the child's best interest to remain in the current
28 placement. For the purposes of this paragraph, "diligent
29 efforts to locate an adult relative" means a search similar to
30 the diligent search for a parent, but without the continuing
31 obligation to search after an initial adequate search is
33
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 completed.
2 (12) An agency granted legal custody shall have the
3 right to determine where and with whom the child shall live,
4 but an individual granted legal custody shall exercise all
5 rights and duties personally unless otherwise ordered by the
6 court.
7 (13) In carrying out the provisions of this chapter,
8 the court may order the parents or legal custodians of a child
9 who is found to be dependent to participate in family
10 counseling and other professional counseling activities deemed
11 necessary for the rehabilitation of the child.
12 (14) With respect to a child who is the subject in
13 proceedings under this chapter, the court shall issue to the
14 department an order to show cause why it should not return the
15 child to the custody of the parents upon expiration of the
16 case plan, or sooner if the parents have substantially
17 complied with the case plan.
18 (15) The court may enter an order ending its
19 jurisdiction over a child when a child has been returned to
20 the parents, provided the court shall not terminate its
21 jurisdiction or the department's supervision over the child
22 until 6 months after the child's return. The court shall
23 determine whether its jurisdiction should be continued or
24 terminated in such a case based on a report of the department
25 or agency or the child's guardian ad litem, and any other
26 relevant factors; if its jurisdiction is to be terminated, the
27 court shall enter an order to that effect.
28 Section 23. Paragraph (c) of subsection (1) and
29 paragraph (a) of subsection (2) of section 39.5085, Florida
30 Statutes, are amended to read:
31 39.5085 Relative Caregiver Program.--
34
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 (1) It is the intent of the Legislature in enacting
2 this section to:
3 (c) Recognize that permanency in the best interests of
4 the child can be achieved through a variety of permanency
5 options, including long-term relative custody, guardianship,
6 or adoption, by providing Provide additional placement options
7 and incentives that will achieve permanency and stability for
8 many children who are otherwise at risk of foster care
9 placement because of abuse, abandonment, or neglect, but who
10 may successfully be able to be placed by the dependency court
11 in the care of such relatives.
12 (2)(a) The Department of Children and Family Services
13 shall establish and operate the Relative Caregiver Program
14 pursuant to eligibility guidelines established in this section
15 as further implemented by rule of the department. The Relative
16 Caregiver Program shall, within the limits of available
17 funding, provide financial assistance to relatives who are
18 within the fifth degree by blood or marriage to the parent or
19 stepparent of a child and who are caring full-time for that
20 child in the role of substitute parent as a result of a
21 court's determination of child abuse, neglect, or abandonment
22 and subsequent placement with the relative pursuant to this
23 chapter. Such placement may be either court-ordered temporary
24 legal custody to the relative under protective supervision of
25 the department pursuant to s. 39.521(1)(b)3. 39.508(9)(a)4.,
26 or court-ordered placement in the home of a relative as a
27 permanency option under protective supervision of the
28 department pursuant to s. 39.622 39.508(9)(a)3. The Relative
29 Caregiver Program shall offer financial assistance to
30 caregivers who are relatives and who would be unable to serve
31 in that capacity without the relative caregiver payment
35
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 because of financial burden, thus exposing the child to the
2 trauma of placement in a shelter or in foster care.
3 Section 24. Section 39.522, Florida Statutes, is
4 created to read:
5 39.522 Postdisposition change of custody.--The court
6 may change the temporary legal custody or the conditions of
7 protective supervision at a postdisposition hearing, without
8 the necessity of another adjudicatory hearing.
9 (1) A child who has been placed in the child's own
10 home under the protective supervision of an authorized agent
11 of the department, in the home of a relative, in the home of a
12 legal custodian, or in some other place may be brought before
13 the court by the department or by any other interested person,
14 upon the filing of a petition alleging a need for a change in
15 the conditions of protective supervision or the placement. If
16 the parents or other legal custodians deny the need for a
17 change, the court shall hear all parties in person or by
18 counsel, or both. Upon the admission of a need for a change or
19 after such hearing, the court shall enter an order changing
20 the placement, modifying the conditions of protective
21 supervision, or continuing the conditions of protective
22 supervision as ordered. The standard for changing custody of
23 the child shall be the best interest of the child. If the
24 child is not placed in foster care, then the new placement for
25 the child must meet the home study criteria and court approval
26 pursuant to this chapter.
27 (2) In cases where the issue before the court is
28 whether a child should be reunited with a parent, the court
29 shall determine whether the parent has substantially complied
30 with the terms of the case plan to the extent that the safety,
31 well-being, and physical, mental, and emotional health of the
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 child is not endangered by the return of the child to the
2 home.
3 Section 25. Subsection (2) of section 39.601, Florida
4 Statutes, is amended to read:
5 39.601 Case plan requirements.--
6 (2) When the child or parent is receiving services,
7 the case plan shall be filed with the court, for approval by
8 the court, at least 72 hours prior to the disposition hearing.
9 The case plan must be served on all parties whose whereabouts
10 are known at least 72 hours prior to the disposition hearing
11 and must include, in addition to the requirements in
12 subsection (1), at a minimum:
13 (a) A description of the problem being addressed that
14 includes the behavior or act of a parent resulting in risk to
15 the child and the reason for the department's intervention.
16 (b) A description of the tasks with which the parent
17 must comply and the services to be provided to the parent and
18 child specifically addressing the identified problem,
19 including:
20 1. Type of services or treatment.
21 2. Frequency of services or treatment.
22 3. Location of the delivery of the services.
23 4. The accountable department staff or service
24 provider.
25 (c) A description of the measurable objectives,
26 including timeframes for achieving objectives, addressing the
27 identified problem.
28 Section 26. Paragraph (a) of subsection (1) of section
29 39.603, Florida Statutes, is amended to read:
30 39.603 Court approvals of case planning.--
31 (1) At the hearing on the plan, which shall occur in
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 conjunction with the disposition hearing unless otherwise
2 directed by the court, the court shall determine:
3 (a) All parties who were notified and are in
4 attendance at the hearing, either in person or through a legal
5 representative. The court may shall appoint a guardian ad
6 litem under Rule 1.210, Florida Rules of Civil Procedure, to
7 represent the interests of any parent, if the location of the
8 parent is known but the parent is not present at the hearing
9 and the development of the plan is based upon the physical,
10 emotional, or mental condition or physical location of the
11 parent.
12 Section 27. Section 39.621, Florida Statutes, is
13 created to read:
14 39.621 Permanency determination by the court.--
15 (1) When the court has determined that reunification
16 with either parent is not appropriate, then the court must
17 make a permanency determination for the child.
18 (2) Adoption, pursuant to chapter 63, is the primary
19 permanency option available to the court. If the child is
20 placed with a relative or with a relative of the child's
21 half-brother or half-sister as a permanency option, the court
22 shall recognize the permanency of this placement without
23 requiring the relative to adopt the child.
24 (3) The permanency options listed in the following
25 paragraphs shall only be considered by the court if adoption
26 is determined by the court to not be in the child's best
27 interest, except as otherwise provided in subsection (2):
28 (a) Guardianship pursuant to chapter 744.
29 (b) Long-term custody.
30 (c) Long-term licensed custody.
31 (d) Independent living.
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1
2 The permanency placement is intended to continue until the
3 child reaches the age of majority and shall not be disturbed
4 absent a finding by the court that the circumstances of the
5 permanency placement are no longer in the best interest of the
6 child.
7 Section 28. Section 39.622, Florida Statutes, is
8 created to read:
9 39.622 Long-term custody.--When the parents have
10 either consented to long-term custody, had their parental
11 rights terminated, or failed to substantially comply with a
12 case plan, and the court determines at a judicial review
13 hearing, or at an adjudication hearing held pursuant to this
14 chapter, that reunification is not in the best interest of the
15 child, the court may place the child in the long-term custody
16 of an adult relative or other adult approved by the court who
17 has had custody of the child for at least the 6 preceding
18 months and is willing to care for the child, if all of the
19 following conditions are met:
20 (1) A case plan describing the responsibilities of the
21 relative or other adult, the department, and any other party
22 has been submitted to the court.
23 (2) The case plan for the child does not include
24 reunification with the parents or adoption by the relative or
25 other adult.
26 (3) The child and the relative or other adult are
27 determined not to need protective supervision or preventive
28 services to ensure the stability of the long-term custodial
29 relationship.
30 (4) Each party to the proceeding agrees that a
31 long-term custodial relationship does not preclude the
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 possibility of the child returning to the custody of the
2 parent at a later date if the parent demonstrates a material
3 change in circumstances and the return of the child to the
4 parent is in the child's best interest.
5 (5) The court has considered the reasonable preference
6 of the child if the court has found the child to be of
7 sufficient intelligence, understanding, and experience to
8 express a preference.
9 (6) The court has considered the recommendation of the
10 guardian ad litem if one has been appointed.
11 (7) The relative or other adult has made a commitment
12 to provide for the child until the child reaches the age of
13 majority and to prepare the child for adulthood and
14 independence.
15 (8) The relative or other adult agrees not to return
16 the child to the physical care and custody of the person from
17 whom the child was removed, including for short visitation
18 periods, without the approval of the court.
19 (9) The court shall retain jurisdiction over the case,
20 and the child shall remain in the long-term custody of the
21 relative or other adult approved by the court, until the order
22 creating the long-term custodial relationship is modified by
23 the court. The court shall discontinue regular judicial-review
24 hearings and may relieve the department of the responsibility
25 for supervising the placement of the child whenever the court
26 determines that the placement is stable and that such
27 supervision is no longer needed. The child must be in the
28 placement for a minimum of 6 continuous months before the
29 court may consider termination of the department's
30 supervision. Notwithstanding the retention of jurisdiction,
31 the placement shall be considered a permanency option for the
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 child when the court relieves the department of the
2 responsibility for supervising the placement. The order
3 terminating supervision by the department shall set forth the
4 powers of the custodian of the child and shall include the
5 powers ordinarily granted to a guardian of the person of a
6 minor unless otherwise specified. The court may modify the
7 order terminating supervision of the long-term placement if it
8 finds that the long-term placement is no longer in the best
9 interest of the child.
10 (10) A relative or other legal custodian who has been
11 designated as a long-term custodian shall have all of the
12 rights and duties of a parent, including, but not limited to,
13 the right and duty to protect, train, and discipline the child
14 and to provide the child with food, shelter, and education,
15 and ordinary medical, dental, psychiatric, and psychological
16 care, unless these rights and duties are otherwise enlarged or
17 limited by the court order establishing the long-term
18 custodial relationship. The long-term custodian must inform
19 the court in writing of any changes in the residence of the
20 long-term custodian or the child.
21 Section 29. Section 39.623, Florida Statutes, is
22 created to read:
23 39.623 Long-term licensed custody.--The court may
24 approve placement of the child in long-term licensed custody,
25 as a permanency option, when all of the following conditions
26 are met:
27 (1) The child is 14 years of age or older.
28 (2) The child is living in a licensed home and the
29 foster parents desire to provide care for the child on a
30 permanent basis and the foster parents and the child do not
31 desire adoption.
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 (3) The foster parents have made a commitment to
2 provide for the child until he or she reaches the age of
3 majority and to prepare the child for adulthood and
4 independence.
5 (4) The child has remained in the home for a
6 continuous period of no less than 12 months.
7 (5) The foster parents and the child view one another
8 as family and consider living together as the best place for
9 the child to be on a permanent basis.
10 (6) The department's social services study recommends
11 such placement and finds the child's well-being has been
12 promoted through living with the foster parents.
13
14 Notwithstanding the retention of jurisdiction and supervision
15 by the department, long-term licensed custody placements made
16 pursuant to this section shall be considered a permanency
17 option for the child. For purposes of this section,
18 supervision by the department shall be defined as a minimum of
19 semiannual visits. The order placing the child in long-term
20 licensed custody as a permanency option shall set forth the
21 powers of the foster parents of the child and shall include
22 the powers ordinarily granted to a guardian of the person of a
23 minor unless otherwise specified. The court may modify the
24 permanency option of long-term licensed custody if it finds
25 that the placement is no longer in the best interest of the
26 child.
27 Section 30. Section 39.624, Florida Statutes, is
28 created to read:
29 39.624 Independent living.--The court may approve
30 placement of the child in an independent living arrangement as
31 permanency for any child 16 years of age or older, if it can
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 be clearly established that this type of alternate care
2 arrangement is the most appropriate plan and that the health,
3 safety, and well-being of the child will not be jeopardized by
4 such an arrangement. While in independent living situations,
5 children whose legal custody has been awarded to the
6 department or a licensed child-caring or child-placing agency,
7 or who have been voluntarily placed with such an agency by a
8 parent, guardian, relative, or adult approved by the court,
9 continue to be subject to court review provisions until the
10 child reaches the age of 18.
11 Section 31. Paragraph (b) of subsection (3) and
12 paragraphs (b) and (c) of subsection (6) of section 39.701,
13 Florida Statutes, are amended to read:
14 39.701 Judicial review.--
15 (3)
16 (b) If the citizen review panel recommends extending
17 the goal of reunification for any case plan beyond 12 months
18 from the date the child was removed from the home or the case
19 plan was adopted, whichever date came first, the court must
20 schedule a judicial review hearing to be conducted by the
21 court within 30 days after receiving the recommendation from
22 the citizen review panel.
23 (6)
24 (b) A copy of the social service agency's written
25 report and the written report of the guardian ad litem must be
26 served on all parties whose whereabouts are known; provided to
27 the attorney of record of the parents; to the parents; to the
28 foster parents or legal custodians; and to the to each citizen
29 review panel,; and to the guardian ad litem for the child, or
30 the representative of the guardian ad litem program if the
31 program has been appointed by the court, at least 72 hours
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 before the judicial review hearing or citizen review panel
2 hearing. The requirement for providing parents with a copy of
3 the written report does not apply to those parents who have
4 voluntarily surrendered their child for adoption or who have
5 had their parental rights to the child terminated.
6 (c) In a case in which the child has been permanently
7 placed with the social service agency, the agency shall
8 furnish to the court a written report concerning the progress
9 being made to place the child for adoption. If the child
10 cannot be placed for adoption, a report on the progress made
11 by the child towards alternative permanency goals or
12 placements, including, but not limited to, guardianship,
13 long-term custody, long-term licensed custody foster care, or
14 independent living, custody to a relative or other adult
15 approved by the court on a permanent basis with or without
16 legal guardianship, or custody to a foster parent or legal
17 custodian on a permanent basis with or without legal
18 guardianship, must be submitted to the court. The report must
19 be submitted to the court at least 72 hours before each
20 scheduled judicial review.
21 Section 32. Subsection (5) of section 39.803, Florida
22 Statutes, is amended to read:
23 39.803 Identity or location of parent unknown after
24 filing of termination of parental rights petition; special
25 procedures.--
26 (5) If the inquiry under subsection (1) identifies a
27 parent or prospective parent, and that person's location is
28 unknown, the court shall direct the petitioner department to
29 conduct a diligent search for that person before scheduling an
30 adjudicatory hearing regarding the petition for termination of
31 parental rights to dependency of the child unless the court
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 finds that the best interest of the child requires proceeding
2 without actual notice to the person whose location is unknown.
3 Section 33. Section 39.804, Florida Statutes, is
4 amended to read:
5 39.804 Penalties for false statements of
6 paternity.--Any male person or any mother of a dependent child
7 A person who knowingly and willfully makes a false statement
8 concerning the claiming paternity of a child in conjunction
9 with a petition to terminate parental rights under this
10 chapter and causes such false statement of paternity to be
11 filed with the court commits a misdemeanor of the first
12 degree, punishable as provided in s. 775.082 or s. 775.083. A
13 person who makes a statement claiming paternity in good faith
14 is immune from criminal liability under this section.
15 Section 34. Paragraph (b) of subsection (1) of section
16 39.806, Florida Statutes, is amended to read:
17 39.806 Grounds for termination of parental rights.--
18 (1) The department, the guardian ad litem, a licensed
19 child-placing agency, or any person who has knowledge of the
20 facts alleged or who is informed of said facts and believes
21 that they are true, may petition for the termination of
22 parental rights under any of the following circumstances:
23 (b) Abandonment as defined in s. 39.01(1) or when the
24 identity or location of the parent or parents is unknown and
25 cannot be ascertained by diligent search within 60 days.
26 Section 35. Paragraphs (a) and (b) of subsection (2)
27 of section 39.807, Florida Statutes, are amended to read:
28 39.807 Right to counsel; guardian ad litem.--
29 (2)(a) The court shall appoint a guardian ad litem to
30 represent the best interest of the child in any termination of
31 parental rights proceedings and shall ascertain at each stage
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 of the proceedings whether a guardian ad litem has been
2 appointed.
3 (b) The guardian ad litem has the following
4 responsibilities:
5 1. To investigate the allegations of the petition and
6 any subsequent matters arising in the case and, unless excused
7 by the court, to file a written report. This report must
8 include a statement of the wishes of the child and the
9 recommendations of the guardian ad litem and must be provided
10 to all parties and the court at least 72 hours before the
11 disposition hearing.
12 2. To be present at all court hearings unless excused
13 by the court.
14 3. To represent the best interests of the child until
15 the jurisdiction of the court over the child terminates or
16 until excused by the court.
17 Section 36. Subsection (4) of section 39.811, Florida
18 Statutes, is amended to read:
19 39.811 Powers of disposition; order of disposition.--
20 (4) If the child is neither in the custody of the
21 department nor in the custody of a parent and the court finds
22 that the grounds for termination of parental rights have been
23 established for either or both parents, the court shall enter
24 an order terminating parental rights for the parent or parents
25 for whom the grounds for termination have been established and
26 placing the child with the department or an appropriate legal
27 custodian. If the parental rights of both parents have been
28 terminated, or if the parental rights of only one parent have
29 been terminated and the court makes specific findings based on
30 evidence presented that placement with the remaining parent is
31 likely to be harmful to the child, the court may order that
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 the child be placed with a legal custodian other than the
2 department after hearing evidence of the suitability of such
3 intended placement. Suitability of the intended placement
4 includes the fitness and capabilities of the proposed legal
5 custodian to function as the primary caregiver for a
6 particular child; and the compatibility of the child with the
7 home in which the child is intended to be placed. If the
8 court orders that a child be placed with a legal custodian
9 under this subsection, the court shall appoint such legal
10 custodian either as the guardian for the child as provided in
11 s. 744.3021 or as the long-term custodian of the child as
12 provided in s. 39.622 so long as the child has been residing
13 with the legal custodian for a minimum of 6 months. The court
14 may modify the order placing the child in the custody of the
15 legal custodian and revoke the guardianship established under
16 s. 744.3021 or the long-term custodial relationship if the
17 court subsequently finds the placement to be no longer in the
18 best interest of the child.
19 Section 37. Subsections (1) and (2) of section
20 435.045, Florida Statutes, are amended to read:
21 435.045 Requirements for prospective foster or
22 adoptive parents.--
23 (1)(a) Unless an election provided for in subsection
24 (2) is made with respect to the state, the department shall
25 conduct criminal records checks equivalent to the level 2
26 screening required in s. 435.04(1) for any prospective foster
27 or adoptive parent before the foster or adoptive parent may be
28 finally approved for placement of a child on whose behalf
29 foster care maintenance payments or adoption assistance
30 payments under s. 471 of the Social Security Act, 42 U.S.C. s.
31 671, are to be made. Approval shall not be granted:
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 1.(a) In any case in which a record check reveals a
2 felony conviction for child abuse, abandonment, or neglect;
3 for spousal abuse; for a crime against children, including
4 child pornography, or for a crime involving violence,
5 including rape, sexual assault, or homicide but not including
6 other physical assault or battery, if the department finds
7 that a court of competent jurisdiction has determined that the
8 felony was committed at any time; and
9 2.(b) In any case in which a record check reveals a
10 felony conviction for physical assault, battery, or a
11 drug-related offense, if the department finds that a court of
12 competent jurisdiction has determined that the felony was
13 committed within the past 5 years.
14 (b) Notwithstanding paragraph (a), the department may
15 place a child in a foster home which otherwise meets licensing
16 requirements if state and local criminal records checks do not
17 disqualify the applicant and the department has submitted
18 fingerprint information to the Florida Department of Law
19 Enforcement for forwarding to the Federal Bureau of
20 Investigation and is awaiting the results of the federal
21 criminal records check.
22 (c) Prospective and approved foster parents must
23 disclose to the department any prior or pending local, state,
24 or federal criminal proceedings in which they are or have been
25 involved.
26 (2) For purposes of this section, and ss. 39.401(3)
27 and 39.521(1)(d) 39.508(9)(b) and (10)(a), the department and
28 its authorized agents or contract providers are hereby
29 designated a criminal justice agency for the purposes of
30 accessing criminal justice information, including National
31 Crime Information Center information, to be used for enforcing
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 Florida's laws concerning the crimes of child abuse,
2 abandonment, and neglect. This information shall be used
3 solely for purposes supporting the detection, apprehension,
4 prosecution, pretrial release, posttrial release, or
5 rehabilitation of criminal offenders or persons accused of the
6 crimes of child abuse, abandonment, or neglect and shall not
7 be further disseminated or used for any other purposes.
8 Section 38. Paragraph (b) of subsection (10) of
9 section 409.2554, Florida Statutes, is amended to read:
10 409.2554 Definitions.--As used in ss.
11 409.2551-409.2598, the term:
12 (10) "Support" means:
13 (b) Support for a child who is placed under the
14 custody of someone other than the custodial parent pursuant to
15 s. 39.521, s. 39.522, s. 39.622, s. 39.623, or s. 39.624 s.
16 39.508.
17 Section 39. Subsection (3) of section 402.40, Florida
18 Statutes, is repealed.
19
20 (Redesignate subsequent sections.)
21
22
23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 1, lines 2 and 3, delete those lines
26
27 and insert:
28 An act relating to children and families;
29 amending s. 39.01, F.S.; revising the
30 definition of the term "long-term custody";
31 defining the term "long-term licensed custody";
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 amending s. 39.013, F.S.; providing for
2 precedence of orders of the circuit court in
3 dependency matters involving dissolution or
4 other custody action; deleting provisions
5 relating to state funding of court-appointed
6 counsel for legal guardians at shelter
7 hearings; amending s. 39.0132, F.S., relating
8 to oaths, records, and confidential
9 information; amending s. 39.202, F.S.; revising
10 provisions relating to access to and disclosure
11 of reports and records in cases of child abuse
12 or neglect; amending s. 39.402, F.S., relating
13 to placement in a shelter; amending s. 39.502,
14 F.S., relating to notice, process, and
15 services; amending s. 39.503, F.S., relating to
16 procedures when the identity or location of the
17 parent is unknown; creating a new pt. VII of
18 ch. 39, F.S., relating to disposition and
19 postdisposition change of custody; creating a
20 new pt. IX of ch. 39, F.S., relating to
21 permanency; renumbering and amending s. 39.508,
22 F.S.; revising provisions relating to
23 disposition hearings and powers of disposition;
24 amending s. 39.5085, F.S.; providing intent for
25 achieving permanency through a variety of
26 permanency options; conforming a
27 cross-reference; creating s. 39.522, F.S.;
28 providing for postdisposition change of
29 custody; amending s. 39.601, F.S.; providing
30 requirements relating to case plans; amending
31 s. 39.603, F.S., relating to court hearings for
50
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 approval of case planning; authorizing, rather
2 than requiring, court appointment of a guardian
3 ad litem under certain circumstances; creating
4 s. 39.621, F.S.; providing for permanency
5 determinations by the court; creating s.
6 39.622, F.S.; providing conditions and
7 requirements for court placement of a child in
8 long-term custody; creating s. 39.623, F.S.;
9 providing conditions and requirements for court
10 approval of placement in long-term licensed
11 custody; creating s. 39.624, F.S.; providing
12 conditions and requirements for court approval
13 of placement in independent living; amending s.
14 39.701, F.S.; revising provisions relating to
15 judicial review hearings; amending s. 39.803,
16 F.S.; revising procedure relating to diligent
17 search, after filing of a termination of
18 parental rights petition, for a parent whose
19 identity or location is unknown; amending s.
20 39.804, F.S.; providing a penalty for false
21 statements concerning paternity; amending s.
22 39.806, F.S.; providing abandonment as a ground
23 for termination of parental rights; amending s.
24 39.807, F.S.; providing responsibilities of the
25 guardian ad litem; amending s. 39.811, F.S.;
26 providing for court-ordered disposition of the
27 child in long-term custody following
28 termination of parental rights; amending s.
29 435.045, F.S.; authorizing placement in a
30 foster home pending
31 federal-criminal-records-check results;
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 requiring certain disclosure by prospective and
2 approved foster parents; amending s. 409.2554,
3 F.S.; conforming cross-references; repealing s.
4 402.40(3), F.S.; abolishing the Child Welfare
5 Standards and Training Council; amending s.
6 20.04, F.S.;
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