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



                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No. ___

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5

  6

  7

  8

  9

10  ______________________________________________________________

11  Senator Mitchell moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 48, lines 15 through 24, delete those lines

15

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18  Statutes, is repealed, subsection (25) of that section is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.

                                  1
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    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:

                                  2
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    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

                                  3
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    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

                                  4
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    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

                                  5
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    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,

                                  6
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  7
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    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

                                  8
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    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

                                  9
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    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

                                  10
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    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

                                  11
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    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

                                  12
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    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

                                  13
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    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

                                  14
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    Amendment No. ___





  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

                                  15
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    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

                                  16
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    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.

                                  17
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  SENATE AMENDMENT

    Bill No. HB 2125, 2nd Eng.

    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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  36
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  37
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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.

                                  38
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  39
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  40
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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.

                                  41
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  42
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  43
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  44
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  45
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  46
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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:

                                  47
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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

                                  48
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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";

                                  49
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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;

                                  51
    9:19 AM   05/04/00                                h2125c-04x9p




                                                  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.;

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  52
    9:19 AM   05/04/00                                h2125c-04x9p