CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
CHAMBER ACTION
Senate House
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11 Senator McKay moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 84, between lines 2 and 3,
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17 Section 52. Pilot program for attorneys ad litem for
18 dependent children.--
19 (1) LEGISLATIVE INTENT.--In furtherance of the goals
20 set forth in section 39.4085, Florida Statutes, it is the
21 intent of the Legislature that children who are maintained in
22 out-of-home care by court order under s. 39.402 receive
23 competent legal representation.
24 (2) RESPONSIBILITIES.--
25 (a) The Office of the State Courts Administrator shall
26 establish a 3-year pilot Attorney Ad Litem Program in the
27 Ninth Judicial Circuit.
28 (b) The Office of the State Courts Administrator shall
29 establish the pilot program in the Ninth Judicial Circuit by
30 October 1, 2000. The Ninth Judicial Circuit may contract with
31 a private or public entity in the Ninth Judicial Circuit to
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 establish the pilot program. The private or public entity must
2 have appropriate expertise in representing the rights of
3 children taken into custody by the Department of Children and
4 Family Services. The Office of the State Court Administrator
5 shall identify measurable outcomes, including, but not limited
6 to, the impact of counsel on child safety, improvements in the
7 provision of appropriate services, and any reduction in the
8 length of stay of children in state care. The pilot program
9 shall be established and operate independently of any other
10 state agency responsible for the care of children taken into
11 custody.
12 (c) The Ninth Judicial Circuit shall designate an
13 attorney within the Ninth Judicial Circuit to conduct the
14 administrative oversight of the pilot program. The program
15 administrator must be a member in good standing of The Florida
16 Bar and must have 5 or more years of experience in the area of
17 child advocacy, child welfare, or juvenile law. The
18 administrative oversight of the pilot program is subject to
19 supervision by the Ninth Judicial Circuit.
20 (d) The Office of the State Courts Administrator in
21 conjunction with the pilot program shall develop a training
22 program for attorneys ad litem which includes, but need not be
23 limited to, appropriate standards of practice for attorneys
24 who represent children.
25 (e) Within funds specifically appropriated for this
26 pilot program, the Office of the State Courts Administrator in
27 conjunction with the pilot program shall design an appropriate
28 attorney ad litem program and may establish the number of
29 attorneys needed to serve as attorneys ad litem and may employ
30 attorneys and other personnel. An attorney ad litem must be a
31 member in good standing of The Florida Bar and may not serve
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 as an attorney ad litem until he or she has completed the
2 training program.
3 (f) The court shall appoint the entity responsible for
4 representation of children in the Ninth Judicial Circuit under
5 the pilot program who are continued in out-of-home care at the
6 shelter hearing conducted under section 39.402, Florida
7 Statutes, if the court deems attorney ad litem representation
8 necessary. At any time following the shelter hearing, the
9 court may appoint an attorney ad litem upon the motion of any
10 party, or upon the court's own motion if an attorney ad litem
11 has not yet been appointed and the court deems such
12 representation necessary. The attorney ad litem's
13 representation shall be limited to proceedings initiated under
14 chapter 39, only. The court must appoint a guardian ad litem
15 pursuant to s. 39.822 for all children who have been appointed
16 an attorney ad litem. Upon this action by the court, the
17 department shall provide to the administrator, at a minimum,
18 the name of the child, the location and placement of the
19 child, the name of the department's authorized agent and
20 contact information, copies of all notices sent to the parent
21 or legal custodian of the child, and other information or
22 records concerning the child.
23 (g) Upon the court's direction, the pilot program
24 administrator shall assign an attorney ad litem to represent
25 the child. Once assigned, the attorney ad litem shall
26 represent the child's wishes for purposes of proceedings under
27 chapter 39, Florida Statutes, as long as the child's wishes
28 are consistent with the safety and well being of the child.
29 The child's attorney must in all circumstances fulfill the
30 same duties of advocacy, loyalty, confidentiality, and
31 competent representation which are due an adult client. The
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 court must approve any action by the attorney ad litem
2 restricting access to the child by the guardian ad litem or by
3 any other party. The attorney ad litem shall represent the
4 child until the program is discharged by order of the court
5 because permanency has been achieved or the court believes
6 that the attorney ad litem is no longer necessary.
7 (h) The Office of the State Courts Administrator shall
8 conduct research and gather statistical information to
9 evaluate the establishment, operation, and impact of the pilot
10 program in meeting the legal needs of dependent children. In
11 assessing the effects of the pilot program, including
12 achievement of outcomes identified under paragraph (2)(b), the
13 evaluation must include a comparison of children within the
14 Ninth Judicial Circuit who are appointed an attorney ad litem
15 with those who are not. The office shall submit a report to
16 the Legislature and the Governor by October 1, 2001 and by
17 October 1, 2002, regarding its findings. The office shall
18 submit a final report by October 1, 2003, which must include
19 an evaluation of the pilot program; findings on the
20 feasibility of a statewide program; and recommendations, if
21 any, for locating, establishing, and operating a statewide
22 program.
23 (3) STANDARDS.--The Supreme Court is requested, by
24 October 1, 2000, to adopt rules of juvenile procedure which
25 include the duties, responsibilities, and conduct of an
26 attorney ad litem. The Office of the State Courts
27 Administrator, in consultation with the Dependency Court
28 Improvement Committee of the Supreme Court, shall develop
29 implementation guidelines for the attorney ad litem pilot
30 program.
31 (4) FUNDING.--The sums of $1,040,111 in recurring
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 funds and $48,674 in nonrecurring funds are appropriated from
2 the General Revenue Fund and two full-time-equivalent
3 positions are authorized for Court Operations - Circuit Courts
4 in the State Court System to operate the attorney ad litem
5 pilot program in the Ninth Judicial Circuit and provide
6 adequate guardian ad litem representation that is in the best
7 interests of all children involved in the pilot program. The
8 sum of $696,798 in recurring funds is appropriated from the
9 General Revenue Fund, and 14 full-time equivalent positions
10 are authorized, for the circuit court budget to ensure best
11 interests representation by the Guardian Ad Litem Program as
12 part of the pilot program. The sum of $75,000 in nonrecurring
13 funds is appropriated from the General Revenue Fund to the
14 Supreme Court for the Office of the State Courts Administrator
15 for the purpose of evaluating the pilot program.
16 (5) The provisions in this section of the act shall
17 take effect October 1, 2000.
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19 (Redesignate subsequent sections.)
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22 ================ T I T L E A M E N D M E N T ===============
23 And the title is amended as follows:
24 On page 5, line 7, following the semicolon
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26 insert:
27 providing legislative intent with respect to
28 providing competent legal representation for
29 children in state custody; requiring that the
30 Office of the State Courts Administrator create
31 a pilot Attorney Ad Litem Program in the Ninth
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SENATE AMENDMENT
Bill No. HB 2125, 2nd Eng.
Amendment No. ___
1 Judicial Circuit; authorizing the office to
2 contract with a private or public entity to
3 operate the pilot program; providing for the
4 pilot program to operate independently of other
5 state agencies responsible for the care of
6 children in state custody; providing for
7 administration of the program; requiring that
8 the Office of the State Courts Administrator
9 develop a training program for attorneys ad
10 litem; requiring that the court direct the
11 pilot program to assign an attorney ad litem;
12 requiring that the Department of Children and
13 Family Services provide information to the
14 pilot-program administrator; providing for
15 assigning an attorney ad litem to represent the
16 child's wishes; requiring the Office of the
17 State Courts Administrator to make annual
18 reports to the Legislature; requiring that the
19 Office of the States Courts Administrator
20 evaluate the pilot program; requesting that the
21 Supreme Court adopt rules of juvenile
22 procedure; providing appropriations for the
23 pilot program;
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